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Home My WebLink About5.674 Original Contract ~.J..\ ~ } 5. ~7i PENINSULA COMMUNICATIONS (PEN COM) DISPATCH AND COMPUTER RECORDS SERVICE AGREEMENT THIS AGREEMENT is made and entered into by and between the City of Port Angeles, (hereinafter referred to as "the City"), and Clallam County Rural Fire Protection District 1, (hereinafter referred to as "Member"). WITNESSETH THAT: 1. The Agreement. The Parties hereto acknowledge the 2004 "Peninsula Communications (PenCom) Dispatch and Computer Records Service Agreement," (hereinafter referred to as "the Agreement"), as the basis for this agreement and incorporate it herein by this reference. 2. Joining of Other Members. Pursuant to Section V. of the Agreement, Clallam County Rural Fire Protection District 1 wishes to join PenCom as a member. 3. Bound by Agreement. In consideration of the services to be provided and benefits received from PenCom, Member agrees to be fully bound by all terms and conditions of the Agreement, and to accept and fully perform all duties and obligations of a Member under the Agreement. 4. Finances. In accordance with Section VII. of the Agreement, Member promises to pay all charges when due. Member agrees to pay an annual fee as set forth in Exhibit A of the Agreement, PenCom Funding Formula. 5. Key Officials. Pursuant to Section XI. of the Agreement and Exhibit C, Member designates the following person as key official for Clallam County Rural Fire Protection District 1: Clallam County Rural Fire Protection District 1 Phil Arbeiter, Chief P. O. Box 118 Forks, WA 98331 Phone: (360)- 4c.co - (J 3 72.. fD 40 ~ I./LI '-Ill Email: AR~f ("'TfA @.. c (~Tu4 '" TEL. ..., E"r 6. Duration. This Agreement shall be in effect the 1 sl day of January, 2009 and shall be perpetual and continue year-to-year as defined in Section VI. of the Agreement: Duration, Termination and Remedies. -1- ~ I" .... J CITY OF PORT ANGELES ~,~{)Oq Dated this ~day of cr, 2008. Jj ~ Gary Br~or Attest: ~,,~ ~J fpfu^- Becky J. Up n, ty Cl~k - A~ as to form: 4 /J .~ s:- ./YL-- William E. Bloor, City Attorney CLALLAM COUNTY RURAL FIRE PROTECTION DISTRICT 1 Dated this ~ day of December, 2008. o~ (L~ tH$'f"AICT e..c-l tE~- AOG-~~ ~ Ib 11/ M f r, 'DiST IZleT 5e.c f.f:- r A f.- Y c> Approved as to form: C \Documents and Settmgs\sromberg\Desktop\Temporary desktop Items\Pencom FD#1 120508 wpd -2- PenCom Funding Formula PenCom's overall budget is determined by the goals of the strategic plan and budget figures supplied by the City's Finance Department. "Calls for Service" is defined as any incident resulting in one or more emergency services units being dispatched and/or a report or event number being generated. The communications manager may adjust agency totals where calls for service are assigned differently between agencies. It is the goal of Pen Com to maintain a uniform call for service counting method among the Member agencies. Call for Service counts are obtained from the New World Systems software. "Percentage of Use" is established by determining the total number of calls for service and their respective percentage of the total for each of the two major functions performed by PenCom; (I) law enforcement and (2) fire and emergency medical dispatch. The fire agencies' share ofthe budget is based on calls for service as provided by the New World Systems software multiplied by 1.5 and divided by the total calls for service for both fire and medical calls to determine the average weight of each fire call for service overall. The total fire calls for service is then multiplied by the average weight and divided by the overall total of police and fire calls for service to determine fire agencies' percentage of the budget. The overall police share of the budget is the budget funded by Members minus the fire agencies' share. 9-1-1 excise tax revenues and emergency communications sales and use tax revenues that are used for funding operational costs, anticipated grant funding, and Lower Elwha Tribal Police, Quileute Tribal Police and Olympic National Park service fees are subtracted from the total projected budget. Lower Elwha Tribal Police and Quileute Tribal Police service fees are solely based on the number of full time, sworn officers. Olympic National Park's fee is charged at the same rate as the lowest paying law enforcement Member, but in no case lower than $10,000. The balance of the budget is allocated to the major functions as follows: FIRE: Percentages of use for individual fire members are determined by taking the total calls for service for each fire member and dividing it by the total fire calls for all fire members. These figures are used to allocate each Member's share of the overall fire share of the budget. LAW ENFORCEMENT: The number of full time sworn officers for each Member is multiplied by $2,000 for a base amount. These numbers are then totaled and subtracted from the police share of the overall budget. That total is then divided further based on the percentage of calls for service for those agencies that use PenCom's full services, including the records management system. The base amount is added to the percentage amount for a grand total for each Member. Revised 11/8/2007 , ~ .. ~ , ,.;t ~ ~~ 5.1.47-<1 PENINSULA COMMUNICATIONS (PEN COM) DISPATCH AND COMPUTER RECORDS SERVICE AGREEMENT THIS AGREEMENT is made and entered into by and between the City of Port Angeles, (hereinafter referred to as "the City"), and Clallam County Rural Fire Protection District 6, (hereinafter referred to as "Member"). WITNESSETH THAT: 1. The Agreement. The Parties hereto acknowledge the 2004 "Peninsula Communications (PenCom) Dispatch and Computer Records Service Agreement," (hereinafter referred to as "the Agreement"), as the basis for this agreement and incorporate it herein by this reference. 2. Joining of Other Members. Pursuant to Section V. ofthe Agreement, Clallam County Rural Fire Protection District 6 wishes to join PenCom as a member. 3. Bound by Agreement. In consideration of the services to be provided and benefits received from PenCom, Member agrees to be fully bound by all terms and conditions of the Agreement, and to accept and fully perform all duties and obligations of a Member under the Agreement. 4. Finances. In accordance with Section VII. of the Agreement, Member promises to pay all charges when due. Member agrees to pay an annual fee as set forth in Exhibit A of the Agreement, PenCom Funding Formula. 5. Key Officials. Pursuant to Section XI. of the Agreement and Exhibit C, Member designates the following person as key official for Clallam County Rural Fire Protection District 6: Clallam County Rural Fire Protection District 6 Jeff Baysinger, Chief 304 Three Rivers Road Forks, WA 98331 Phone: (360) 374-4330 Email: jbaysinger@centuryte1.net 6. Duration. This Agreement shall be in effect the 1 st day of January, 2009 and shall be perpetual and continue year-to-year as defined in Section VI. of the Agreement: Duration, Termination and Remedies. -1- ..-' ( ... /~"J.._ .. '" CITY OF PORT ANGELES ----B. ~.~()09 Dated this ~day of , 2008. h ~ Gary Br~YOr Attest: ~,~ .JJp:D^ Becky J. U n, ty Clerk CLALLAM COUNTY RURAL FIRE PROTECTION DISTRICTA' "I f5 Dated this ~ day of December, 2008. f#c7~Y- Attest: Approved as to form: C \Documents and Settmgs\sromberg\Desktop\Temporary desktop Items\Pencom FD#6 122408 wpd ( " -2- ~'.- . PenCom Funding Formula PenCom's overall budget is determined by the goals of the strategic plan and budget figures supplied by the City's Finance Department. "Calls for Service" is defined as any incident resulting in one or more emergency services units being dispatched and/or a report or event number being generated. The communications manager may adjust agency totals where calls for service are assigned differently between agencies. It is the goal of PenCom to maintain a uniform call for service counting method among the Member agencies. Call for Service counts are obtained from the New World Systems software. "Percentage of Use" is established by determining the total number of calls for service and their respective percentage of the total for each of the two major functions performed by PenCom; (I) law enforcement and (2) fire and emergency medical dispatch. The fire agencies' share of the budget is based on calls for service as provided by the New World Systems software multiplied by 1.5 and divided by the total calls for service for both fire and medical calls to determine the average weight of each fire call for service overall. The total fire calls for service is then multiplied by the average weight and divided by the overall total of police and fire calls for service to determine fire agencies' percentage of the budget. The overall police share of the budget is the budget funded by Members minus the fire agencies' share. 9-1-1 excise tax revenues and emergency communications sales and use tax revenues that are used for funding operational costs, anticipated grant funding, and Lower Elwha Tribal Police, Quileute Tribal Police and Olympic National Park service fees are subtracted from the total projected budget. Lower Elwha Tribal Police and Quileute Tribal Police service fees are solely based on the number of full time, sworn officers. Olympic National Park's fee is charged at the same rate as the lowest paying law enforcement Member, but in no case lower than $10,000. The balance of the budget is allocated to the major functions as follows: FIRE: Percentages of use for individual fire members are determined by taking the total calls for service for each fire member and dividing it by the total fire calls for all fire members. These figures are used to allocate each Member's share of the overall fire share of the budget. LAW ENFORCEMENT: The number offull time sworn officers for each Member is multiplied by $2,000 for a base amount. These numbers are then totaled and subtracted from the police share ofthe overall budget. That total is then divided further based on the percentage of calls for service for those agencies that use PenCom's full services, including the records management system. The base amount is added to the percentage amount for a grand total for each Member. Revised 11/812007 s.f.o74 .. PENINSULA COMMUNICA nONS (PENCOM) DISPATCH AND COMPUTER RECORDS SERVICE AGREEMENT THIS AGREEMENT is made and entered into by and between the City of Port Angeles, (hereinafter referred to as "the City"), and Clallam County Public Hospital District 1, (hereinafter referred to as "Member"). WITNESSETH THAT: 1. The Agreement. The Parties hereto acknowledge the 2004 "Peninsula Communications (PenCom) Dispatch and Computer Records Service Agreement," (hereinafter referred to as "the Agreement"), as the basis for this agreement and incorporate it herein by this reference. 2. Joining of Other Members. Pursuant to Section V. ofthe Agreement, the Clallam County Public Hospital District 1 wishes to join PenCom as a member. 3. Bound by Agreement. In consideration of the services to be provided and benefits received from PenCom, Member agrees to be fully bound by all terms and conditions of the Agreement, and to accept and fully perform all duties and obligations of a Member under the Agreement. 4. Finances. In accordance with Section VII. of the Agreement, Member promises to pay all charges when due. Member agrees to pay an annual fee as set forth in Exhibit A of the Agreement, PenCom Funding Formula. 5. Key Officials. Pursuant to Section XI. of the Agreement and Exhibit C, Member designates the following person as key official for the Clallam County Public Hospital District 1: Clallam County Public Hospital District 1 JA~ i=o"'~ COl'-(NOt'),Jy ;/.oSA,..f...'- 530 Bogachiel Way , Forks, WA 98331 Phone: (360) ~?f/ ';"1-1 Email: (!1J.....lltS@t=Q...ltt~/.I1>5l.II-~L . o'"} 6. Duration. This Agreement shall be in effect the 1 st day of January, 2009 and shall be perpetual and continue year-to-year as defined in Section VI. of the Agreement: Duration, Termination and Remedies. -1- ,. CITY OF PORT ANGELES .LCl _ ~e.A,tAOOq Dated this ~ay of B u, 2.808. G~ay~Y'~ Attest: ~f~~~ William E. Bloor, CitY Attorney CLALLAM COUNTY PUBLIC HOSPITAL DISTRICT 1 .;ra ", cU:;'. -., :J.. 00 7 Dated this os day ofD@c@mb@},:, 29ga. ~ S r-oY/ 4J~;Alis I-,..~.J.o~ Attest: Approved as to form: C \Documents and Settmgs\sromberg\Desktop\Temporary desktop Items\Pencom ForksAmbulance 120508 wpd -2- Pen Com Funding Formula PenCom's overall budget is determined by the goals of the strategic plan and budget figures supplied by the City's Finance Department. "Calls for Service" is defined as any incident resulting in one or more emergency services units being dispatched and/or a report or event number being generated. The communications manager may adjust agency totals where calls for service are assigned differently between agencies. It is the goal of PenCom to maintain a uniform call for service counting method among the Member agencies. Call for Service counts are obtained from the New World Systems software. "Percentage of Use" is established by determining the total number of calls for service and their respective percentage of the total for each of the two major functions performed by PenCom; (1) law enforcement and (2) fire and emergency medical dispatch. The fire agencies' share of the budget is based on calls for service as provided by the New World Systems software multiplied by 1.5 and divided by the total calls for service for both fire and medical calls to determine the average weight of each fire call for service overall. The total fire calls for service is then multiplied by the average weight and divided by the overall total of police and fire calls for service to determine fire agencies' percentage of the budget. The overall police share of the budget is the budget funded by Members minus the fire agencies' share. 9-1-1 excise tax revenues and emergency communications sales and use tax revenues that are used for funding operational costs, anticipated grant funding, and Lower Elwha Tribal Police, Quileute Tribal Police and Olympic National Park service fees are subtracted from the total projected budget. Lower Elwha Tribal Police and Quileute Tribal Police service fees are solely based on the number of full time, sworn officers. Olympic National Park's fee is charged at the same rate as the lowest paying law enforcement Member, but in no case lower than $10,000. The balance ofthe budget is allocated to the major functions as follows: FIRE: Percentages of use for individual fire members are determined by taking the total calls for service for each fire member and dividing it by the total fire calls for all fire members. These figures are used to allocate each Member's share of the overall fire share of the budget. LAW ENFORCEMENT: The number of full time sworn officers for each Member is multiplied by $2,000 for a base amount. These numbers are then totaled and subtracted from the police share of the overall budget. That total is then divided further based on the percentage of calls for service for those agencies that use PenCom's full services, including the records management system. The base amount is added to the percentage amount for a grand total for each Member. Revised 11/8/2007 w--- t\ ., s. t.Q71 PENINSULA COMMUNICATIONS (PENCOM) DISP A TCH AND COMPUTER RECORDS SERVICE AGREEMENT THIS AGREEMENT is made and entered into by and between the City of Port Angeles, (hereinafter referred to as "the City"), and City of Forks, (hereinafter referred to as "Member"). WITNESSETH THAT: 1. The Agreement. The Parties hereto acknowledge the 2004 "Peninsula Communications (PenCom) Dispatch and Computer Records Service Agreement," (hereinafter referred to as "the Agreement"), as the basis for this agreement and incorporate it herein by this reference. 2. Joining of Other Members. Pursuant to Section V. of the Agreement, the City of Forks wishes to join PenCom as a member. 3. Bound by Agreement. In consideration of the services to be provided and benefits received from PenCom, Member agrees to be fully bound by all terms and conditions of the Agreement, and to accept and fully perform all duties and obligations of a Member under the Agreement. 4. Finances. In accordance with Section VII. of the Agreement, Member promises to pay all charges when due. Member agrees to pay an annual fee as set out below. For the following periods City of Forks shall pay as follows: October 1, 2008 to December 31, 2008 - Remit all of 1/10 of 1 % Tax Revenue to PenCom. (Beginning January 1,2009, and continuing thereafter, County will deposit 1/1 0 of 1 % Tax formerly remitted to Forks into the PenCom account.) January 1, 2009 to December 31, 2009 - $2,000 per officer. January 1,2010 to December 31, 2010 - $2,000 per officer plus 33.3% of calls for service costs. January 1, 2011 to December 31, 2011 - $2,000 per officer plus 66.6% of calls for service costs. January 1,2012 forward - $2,000 per officer plus 100% of call for service costs as set forth in the PenCom Funding Formula attached as Exhibit A of the Agreement. 5. Key Officials. Pursuant to Section XI. of the Agreement and Exhibit C, Member designates the following person as key official for the City of Forks: -1- ... ~ ....' City of Forks Mike Powell, Chief of Police 500 East Division Street Forks, WA 98331 Phone: (360) 374-3226 Email: mpow.fpd@forkswashington.org 6. Duration. This Agreement shall be in effect the 1 st day of October, 2008 and shall be perpetual and continue year-to-year as defined in Section VI. of the Agreement: Duration, Termination and Remedies. CITY OF PORT ANGELES A....,.Q.-1 (YI'JJt ,,~D{)'/ Dated this ~ay of ~r, ZOO8'. .'y' /2 /V~L-<--/ t. 0 ~ L~ Gary Braun, :M'ayor ---- Attest: b~~A Becky J. U n, ty Cler CITY OF FORKS r ~ . . Dated this ~ day Of~1 C \Documents and Settmgs\sromberg\Local Settmgs\Temp\MXLlbDlr\Pencom CltyofForks 100708_1 wpd -2- PENINSULA COMMUNICA nONS (PENCOM) DISPA Tcn AND COMPUTER RECORDS SERVICE AGREEMENT THIS AGREEMENT is made and entered into by and between the City of Port Angeles, (hereinafter referred to as "the City"), and Clallam County, City of Sequim, Clallam County Rural Fire Protection Districts 2, 3 4 and 5, Lower Elwha Klallam Tribe, Quileute Tribe, and National Park Service (hereinafter referred to collectively as "Members" and individually as "Member"). WITNESSETH THAT: 1. WHEREAS, both the City and Members agree that 24 hour access to emergency communications service is essential for protecting life and property of the public they serve; and 2 WHEREAS, the participating jurisdictions have previously entered into interlocal agreements with the City for police, fire and emergency medical dispatching, related computer services, and management 'of the ClalIam County Enhanced 9-1-1 system provided by Peninsula Communications (hereinafter referred to as "PenCom"), a division of the City of Port Angeles Police Department; and 3. WHEREAS, it is the goal of Pen Com to serve Members by providing these services on an equitable cost sharing basis for each Member contracting for said services; and 4. WHEREAS, Chapter 39.34 RCW permits the City and Members to make official use of their powers by enabling them to cooperate with other governmental entities on a basis of mutual advantage; and 5. WHEREAS, the Federal Grant and Cooperative Agreement Act, 31 V.S.C. 6305 (1982) states that an executive agency of the United States government shall use cooperative agreement as the legal instrument reflecting the relationship between the United States and a state, local government, or other recipient when the principal purpose of the relationship is to transfer a thing of value to the state, local government, or other recipient to carry out a public purpose of support or stimulation authorized by a law of the United States, and where substantial involvement is expected between the executive agency and the state, local government, or other recipient when carrying out the activity contemplated in the agreement. NOW, THEREFORE, in consideration of the foregoing as a basis for cooperative agreements and assistance between the parties hereto in their mutually compatible objectives, the parties agree as follows: 1. PURPOSE. It is the purpose of this Agreement to provide a mechanism whereby Members may obtain their law enforcement, fire and emergency medical service dispatching, and certain computer records services by contracting said services from PenCom and to set forth the powers, rights and responsibilities of the parties to this agreement. n. ADVISOR Y BOARD. A. Voting. The City and Members hereto agree that the PenCom Advisory Board (hereinafter referred to as the "Board") shall be the operations and policy recommending body for PenCom. The Board shall be composed of a representative from the City and each Member. The City and all Members shall each have one vote. Decisions , reached by the Board shall be reached by a simple majority vote. A quorum for the transaction of business will be established when at least 51 % of the Members are present. B. The Board may establish by-laws consistent with this Agreement. C. The Board shall have the authority to: 1. Make recommendations for the operation of Pen Com in accordance with industry standards. 2. Recommend approval of the joining herein of any other agency eligible to participate. 3. Recommend additional services provided to each Member. 4. Review the financial contributions of the parties hereto and recommend adjustments to if the Board finds that any of the Members is bearing an inequitable share of Pen Com's costs. 5. Establish committees for specific purposes at the pleasure of and with oversight provided by the Board. These sub-groups of the Board will be strictlyadvispry in nature. a) These committees may develop priorities, policies, procedures and standards for recommendation to the Communications Manager and may review requests for additional PenCom services and determine if such services should be provided. If such requests are approved by a simple majority of the committee, the Board shall be provided with the recommendation for approval. b) The specific purpose and membership of the committees will be determined by the Board. 2 III. PERSONNEL. A. The City shall employ and assign a Communications Manager who shall manage the day.to-day operations of Pen Com. The Communications Manager shall be responsible to the City of Port Angeles Chief of Police for staffmg and direction of all personnel employed by PenCom, for budget preparation and management and for the efficient operation of Pen Com including the development of operating policies and procedures, scheduling, and supervision. The Communications Manager will act as a liai~on with Members and will maintain records and statistics of the operation of Pen Com for administrative and fmancial purposes. The Communications Manager shall, upon the request of any Member, furnish a monthly report of Pen Com's activ:~ies and of each Member's utilization of PenCom. The Communications M~ager is designated the County Enhanced 9-1-1 Coordinator by Clallam County resolution and has the responsibility for the operation and upgrade of the system. The Communications Manager will cooperate and coordinate with Clallam County and the Washington State E9-1-1 Program Office to manage the Enhanced 9..] -1 system and budget. The Communications Manager shall act as Chair of the Advisory Board. B. Other personnel of Pen Com shall include dispatchers, supervisors and a warrant entry clerk. C. All personnel of Pen Com, including the Communications Manager, shall be employees of the Port Angeles Police Department. They shall be subject to all rules and regulations pertaining to Port Angeles Police Department employees, except as modified by conective bargaining agreements with the City. Tht, City shall be responsible for collective bargaining and fmal contract ratification. Nothing in this Agreement shall be construed so as to render any employee of PenCom or the Advisory Board to be an employee of any of the other agencies listed as signators ~ereto. IV. CITY MANAGER AND CITY COUNCIL. A. Consistent with the terms of this Agreement, the Port Angeles City Manager shall have general supervision over the administration of PenCom and all other duties and powers of the City's chief executive officer as set forth in RCW 35A.13.080. B. Consistent with the terms of this Agreement, the Port Angeles City Council shall be the legislative body having ultimate authority over Pen Com with those powers set forth in RCW 35A.II.020. 3 (' PENINSULA COMMUNICA nONS (PENCOM) DISPA Tca AND COMPUTER RECORDS SERVICE AGREEMENT THIS AGREEMENT is made and entered into by and between the City of Port Angeles, (hereinafter referred to as "the City"), and ClalIam County, City of Sequim, Clallam County Rural Fire Protection Distncts 2, 3 4 and 5, Lower Elwha KlalIam Tribe, Quileute Tribe, and National Park Service (hereinafter referred to collectively as "Members" and individually as "Member"). WITNESSETH THAT: I. WHEREAS, both the City and Members agree that 24 hour access to emergency communications service is essential for protecting life and property of the public they serve; and 2 WHEREAS, the participating jurisdictions have previously entered into interlocal agreements with the City for police, fire and emergency medical dispatching, related computer services, and management'ofthe Clallam County Enhanced 9-1-1 system provided by Peninsula Communications (hereinafter referred to as "PenCom"), a division of the City of Port Angeles Police Department; and 3. WHEREAS, it is the goal of Pen Com to serve Members by providing these services on an equitable cost sharing basis for each Member contracting for said services; and 4. WHEREAS, Chapter 39.34 RCW permits the City and Members to make official use of their powers by enabling them to cooperate with other governmental entities on a basis of mutual advantage; and 5. WHEREAS, the Federal Grant and Cooperative Agreement Act, 31 U.S.c. 6305 (1982) states that an executive agency of the United States government shall use cooperative agreement as the legal instrument reflecting the relationship between the United States and a state, local government, or other recipient when the principal purpose of the relationship is to transfer a thing of value to the state, local government, or other recipient to carry out a public purpose of support or stimulation authorized by a law of the United States, and where substantial involvement is expected between the executive agency and the state, local government, or other recipient when carrying out the activity contemplated in the agreement. NOW, THEREFORE, in consideration of the foregoing as a basis for cooperative agreements and assistance between the parties hereto in their mutually compatible objectives, the parties agree as follows: I. PURPOSE. It is the purpose of this Agreement to provide a mechanism whereby Members may obtain their law enforcement, fire and emergency medical service dispatching, and , ,~ , certain computer records services by contracting said services from PenCom and to set forth the powers, rights and responsibilities of the parties to this agreement. II. ADVISORY BOARD. A. Voting. The City and Members hereto agree that the PenCom Advisory Board (hereinafter referred to as the "Board") shall be the operations and policy recommending body for PenCom. The Board shall be composed of a representative from the City and each Member. The City and all Members shall each have one vote. Decisions reached by the Board shall be reached by a simple majority vote. A quorum for the transaction of business will be established when at least 51% of the Members are present. B. The Board may establish by-laws consistent with this Agreement. C. The Board shall have the authority to: 1. Make recommendations for the operation of Pen Com in accordance with industry standards. 2. Recommend approval of the joining herein of any other agency eligible to participate 3. Recommend additional services provided to each Member. 4. Review the financial contributions of the parties hereto and recommend adjustments to if the Board finds that any of the Members is bearing an inequitable share of Pen Com's costs. 5. Establish committees for specific purposes at the pleasure of and with oversight provided by the Board. These sub-groups of the Board will be strictly advisory in nature. a) These committees may develop priorities, policies, procedures and standards for recommendation to the Communications Manager and may review requests for additional PenCom services and determine if such services should be provided. If such requests are approved by a simple majority of the committee, the Board shall be provided with the recommendation for approval. b) The specific purpose and membership of the committees will be determined by the Board. 2 ~, I' ,. ~ III. PERSONNEL. A. The City shall employ and assign a Communications Manager who shall manage the day-to-day operations of Pen Com. The Communications Manager shall be responsible to the City of Port Angeles Chief of Police for staffmg and direction of all personnel employed by PenCom, for budget preparation and management and for the efficient operation of Pen Com including the development of operating policies and procedures, scheduling, and supervision. The Communications Manager will act as a liai~on with Members and will mat..'1tain records and statistics of the operation of Pen Com for administrative and financial purposes. The Communications Manager shall, upon the request of any Member, furnish a monthly report ofPenCom's activ~~ies and of each Member's utilization of Pen Com. The Communications Manager is designated the County Enhanced 9-1-1 Coordinator by Clallam County resolution and has the responsibility for th~ operation and upgrade of the system. The Communications Manager will cooperate and coordinate with Clallam County and the Washington State E9-1-1 Program Office to manage the Enhanced 9-] -1 system and budget. The Communications Manager shall act as Chair of the Advisory Board. B. Other personnel of PenCom shall include dispatchers, supervisors and a warrant entry clerk. C. All personnel of Pen Com, including the Communications Manager, shall be employees of the Port Angeles Police Department. They shall be subject to all rules and regulations pertaining to Port Angeles Police Department employees, except as modified by collective bargaining agreements with the City. The City shall be responsible for collective bargaining and fmal contract ratification. Nothing in this Agreement shall be construed so as to render any employee of PenCom or the Advisory Board to be an employee of any of the other agencies listed as signators ~ereto. IV. CITY MANAGER AND CITY COUNCIL. A. Consistent with the terms of this Agreement, the Port Angeles City Manager shall have general supervision over the administration of PenCom and all other duties and powers of the City's chief executive officer as set forth in RCW 35A.13.080. B. Consistent with the terms of this Agreement, the Port Angeles City Council shall be the legislative {body having ultimate authority over Pen Com with those powers set forth in RCW 35A.II.020. 3 , I' " , ", v. JOINING OF OTHER MEMBERS Other governmental bodies or emergency service providers within Clallam County may be added to this Agreement in accordance with the following: A. Each such agency must agree, in accordance with the applicable laws of the State of Washington, to be bound in all respects, including bearing a proportional share of the capital and annual costs to operate PenCom. B. The City shall charge each agency a fee for services according to Exhibit A of this Agreement. C. The City may, upon recommendation by the Board, charge each new agency for costs incurred for enhancements to equipment, software or hardware, or expansion of buildings or other expenses necessary to provide services for the new Member. D. Upon approval of the joining of a new agency hereto, the Communications Manager shall recompute the fmancial contributions of the various Members of PenCom and shall inform them of their adjusted contribution for the current calendar year. VI. DURATION, TERMINATION AND REMEDIES. This Agreement shall be in effect the 1st day of January, 2004 and shall be perpetual and continue year-to-year; provided, however, 1) any participating Member may terminate PenCom services upon providing written notice to the City not later than June 30 of any year for withdrawal effective January 1 of the following calendar year; and 2) PenCom may be dissolved upon mutual agreement of all participating Members. If a participating Member withdraws from this Agreement but fails to provide necessary notice to the City, the parties agree that the liquidated damages for such action shall be not less than the withdrawing Member's share of Pen Com's annual operating costs for the next fiscal year as determined by the funding formula for the withdrawing member. VII. FINANCES. A. All expenses incurred by PenCom shall be paid by the City and shared equitably by the City and all other Members in accordance with this Agreement. B. It shall be the responsibility of the Communications Manager to prepare an annual budget to include all necessary and required expenditures and anticipated revenues. The budget shall be reviewed by the Board, and, with its recommendation, submitted to the Port Angeles City Council for approval. Upon request of any Member, the Communications Manager shall appear before that Member's legislative body regarding the annual budget or financial contributions. 4 ," "'l' . , c. The funding structure of this Agreement may be subject to review by the PenCom Advisory Board if a review is requested by at least one participating Member. D. The parties to this Agreement may, on behalf of Pen Com, accept gifts and donations in recognition of services rendered, or to enhance, supplement, augment, facilitate or initiate services performed by Pen Com, including, but not limited to, applying for and receiving grants of money or equipment from other governments. Such gifts and grants shall not replace any Member's fmancial contribution as required by this Agreement and shall be the sole property of PenCom. Grant applications shall be prepared under supervision of the Communications Manager. E. Funding for PenCom will be provided through local and state-imposed 911 taxes, emergency communications sales and use tax revenues, grants, City and Member service fees, with the balance of the required revenue being derived from the Members and City through a funding formula. The funding formula shall establish a fair and equitable contribution for each Member. The funding formula is contained in Exhibit A and incorporated herein by this reference. F. The funding formula in Exhibit A may be amended to assure a fair and equitable funding of the services as follows: The AdvisOlJ' Board may recommend the amended funding formula to the City following a unanimous vote by the Board during a meeting held prior to July 1 st and in accordance with Paragraph II.A. Prior to taking action on the proposed amendment, all Members shall be provided with copies of the proposal and be given an opportunity to submit written comments for consideration by the entire Board. If all Members do not agree to an amended funding formula which is fair and equitable, the formula shall be subject to the dispute resolution process set forth in Section XIII. G. Members shall on a quarterly basis make their [mancial payments for the cost of operation of PenCom. Each Member will be billed quarterly in equal amounts for its share of the annual operating expenses of PenCom based on the funding formula in Exhibit A. Annual contributions will be adjusted in the fIrst quarter of each subsequent year to reconcile any overpayment or underpayment by any individual user agency for the previous year H. In the event a budget shortfall occurs due to an emergency or other unforeseen or extraordinary expenditure, and upon recommendation of the Board, the City may assess each user an additional amount, based on the above computation of fmancial contributions, subject to the approval of all of the Member's legislative bodies. 5 VII. FACILITY. A. The City shall provide the facility and space for the PenCom. Iflocated in existing City buildings, the City shall not charge Members for the use of the space. IX. EQUIPMENT. A. Reliable communications equipment is essential to successful emergency dispatch and public safety communications. Each Member and the City will be responsible for purchasing, installing, maintaining and repairing its own communications equipment and shall retain all rights to such equipment. New equipment purchased by Members shall be compatible with the overall communications scheme established by the Olympic Public Safety Communicatio!::; Alliance Network (hereinafter referred to as OPS-CAN), an alliance formed for the purpose of managing the region's radio systems. PenCom and Members may collectively or individually be represented on OPS-CAN's governance committee. Each Member, while retaining its ownership or licenses, agrees to permit use and operational control of the Member's frequencies by PenCom. Each Member shaH be responsible for renewing the Member's radio licenses at the end of the license periods and to maintain base radio stations, repeaters and other radio support equipment outside PenCom's facility in a manner which is compatible with PenCom's equipment. Failure to adequately maintain such equipment shall subjec. the Member to expulsion from PenCom by a majority vote of the Members. B. The cost oftelephone lines, fiber optics, radio or microwave links or other methods of communication between PenCom and the various radio or computer equipment owned or operated by a Member's personnel, or for the purpose of controlling or using such facilities, shall be the sole responsibility of the Member. C. Members will maintain an emergency power source for their communication~ equipment which shall be capable of at least 8 hours of sustained operation without commercial power. Such emergency power source shall be capable of sensing a commercial power failure and automatically starting and/or transfering said equipment to the emergency power source. D. All assets purchased by PenCom shall be held in the name of the City for the benefit of Pen Com. The City of Port Angeles shall be responsible for the maintenance of all such equipment in good repair, normal wear and tear excepted. X. COMPUTER SERVICES. A. The City shall provide for the development and utilization of computerized dispatch and records management systems to provide information to Members contracting for such services. Entry of information and retrieval of data to and from the system shall be the responsibility of the Member having such capability, except for that data captured during the dispatch process. Each Member shall be responsible for maintaining its own records, reports and security. 6 B. The City shall provide for the entry and maintenance of warrants and domestic violence records, including but not limited to timely and accurate database entry, recording of service, recall and other activity, and maintenance and auditing of paper files for local, state, and national systems. C. Clallam County (hereinafter referred to as "County") shall provide normal hardware maintenance of the computer processing unit (CPU) and operating systems for as long as PenCom operates its computer aided dispatch and/or records management software on an ffiM I-Series platform. Such maintenance shall include but not be limited to IPL' s, file backup, device configuration maintenance, operating __ _ system upgrade installation, assistance with installation of application software, etc. Costs oflabor associated with routine maintenance and operating systems may be charged to the Enhanced 911 fund at up to 30 hours per month. Costs of software, hardware, maintenance contracts, or cost of County personnel time beyond normal working hours shall be paid either as shared costs as specified in Exhibit A, from 9- 1-1 funds, or as otherwise determined by the Board. D. Accurate and timely information in law enforcement computer systems is vital to the mission of law enforcement. Each law enforcement Member agrees to comply with all applicable provisions of the ACCESS User Acknowledgement in Exhibit B. XI. KEY OFFICIALS The personnel specified in this Agreement are considered to be essential to ensure maximum coordination and communications between the parties and the work being performed hereunder. Any party, on notice to all other parties, may designate another person or a person to act in his/her place, in an emergency or otherwise. The key officials for the City and Members are designated in Exhibit C. XII. INSURANCE AND LIABILITIES. PenCom will maintain property insurance and liability coverage as an entity independent from the City, the cost of which will be an operating expense of PenCom. ' Except for liability that is subject to immunity as provided by Ch. 38.52 RCW or the Federal Tort Claims Act, as amended (28 USC 1346,2671-2680), each party agrees to defend, indemnify, and hold the other harmless from any claims directly resulting from such party's sole negligence and from actions or omissions that are solely attributable to any employee, official or agency of such party. XIII. DISPUTES BETWEEN PARTIES. Should a dispute arise between the City and any Member, the parties may resolve the same by submitting the dispute to non-binding mediation. The mediator shall be selected by mutual agreement of the parties, and the costs of mediation shall be shared equally between the parties. 7 , '1 . \& 1 Should the parties be unable to negotiate a resolution or refuse to accept a mediated resolution to a dispute, then the parties agree that the venue of any legal action shall be the Clallam County Superior Court. 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, as determined by the appropriate court. XIV. MODIFICATIONS. This Agreement may only be modified in the form of amendments in writing by mutual agreement by the City and all Members. Written requests for modification will be forwarded to the Board by written notice at least sixty (60) days prior to the proposed date of such modification. The Board will review and provide a recommendation to the City regarding the incorporation of the proposed amendment to this Agreement. xv. PRIOR AGREEMENTS. This Agreement, upon its effective date, supersedes the previous PenCom Dispatch and Computer Records Service Agreements. XVI. SEVERABILITY. The terms of this Agreement are severable and a deknnination by an appropriate body having jurisdiction over the subject matter ofthis Agreement that results in the invalidity of any part shall not affect the remainder of the Agreement. XVII. EXHIBITS. A. Exhibit A - Peninsula Communications Funding Formula B. Exhibit B - ACCESS User Agreement C. Exhibit C - Key Officials 8 'I , SUBSCRIBED by the appropriate officers who are duly authorized to execute this Agreement on behalf of the governing bodies of the below-named governmental entities. l)Q.~2>l<(q __1 JplhA City Clerk CLALLAM COUNTY: F&bYUfUI-j ~(~ n/WOt( Clerk of the Board , 200:!:i. DYED AS TO FORM ~ , 200:L t eputy Prosecutor CITY OF SEQUIM: Dated this:...:-) ,., ~ day of , ~ JZ) c ;~ ,200i IAJ~~~ Mayor, City ofSequim "'-., / / ~;~~~)?5'-J - APPROVED l: FORM Ctfl ~ City Attom~y 9 CLALLAM COUNTY RURAL FIRE PROTECTION DISTRICT 2: Dated this '!7~ day of ,200:!l- ~If APPROVED AS TO FORM ~~~~ t _ - \ -""'{ /r /_ - - \. I' CO"mmissioner Attorney for the District ~~ c:: ' ~~~ ' I (' r--f', r - ' '\ .~_~ s:c~\.- '" _ ~,- Commissioner CLALLAM COUNTY RURAL FIRE PROTECTION DISTRICT 3: Dated this <.3/2D day of APPROVED AS TO FORM Attorney for the District Commissioner CLALLAM COUNTY RURAL FIRE PROTECTION DISTRICT 4: Dated this .;2 c;, ~ day ~f f121t1 t~ ,200-1 Co~~i~: f,~~ '!f 4~: 0. '7[(&1 ?i::d:! a? If fiN' !.luC"" ~1.s11--- APPROVED AS TO FORM Cdmmissioner Attorney for the District 10 CLALLAM COUNTY RURAL FIRE PROTECTION DISTRICf 5: Dated this / <D re,A ~ day of Commissioner ~~~ - t~~~ Commissioner LOWER ELWHA KLALLAM TRIBE: , Dated this -:J (:> day of ~ , 200-5- APPROVED AS TO FORM Attorney for the District ,20~ ~~U?,~L Chairperson Chief Financial Officer QUILEUTE TRIBE: Dated this ~ to n-l day of ~tJ l2a p"e L Chief Financial Officer APPROVED AS TO FORM Tribal Attorney ,200$ APPROVED AS TO FORM Tribal Attorney I I " , " NATIONAL PARK SERVICE: A,4/VI- 200 t/ , - Ld~ Jl JkcG-O__ Sandra Thomas Contracting Officer National Park Service 12 PenCom Funding Formula PenCom's overall budget is determined by the goals of the strategic plan and budget figures supplied by the City's Finance Department. "Calls for Service" is defined as any incident resulting in one or more emergency services units being dispatched and/or a report or event number being generated. The communications manager may adjust agency totals where calls for service are assigned differently between agencies. It is the goal of PenCom to maintain a uniform call for service counting method among the Member agencies. Call for Service counts are obtained from the New World Systems software. "Percentage of Use" is established by determining the total number of calls for service and their respective percentage of the total for each of the two major functions performed by Pen Com; (1) law enforcement and (2) fire and emergency medical dispatch. The fire agencies' share of the budget is based on calls for service as provided by the New World Systems software multiplied by 1.5 and divided by the total calls for service for both fire and medical calls to determine the average weight of each fire call for service overall. The total fire calls for service is then multiplied by the average weight and divided by the overall total of police and fire calls for service to determine fire agencies' percentage of the budget. The overall police share of the budget is the budget funded by Members minus the fire agencies' share. 9-1-1 excise tax revenues and emergency communications sales and use tax revenues that are used for funding operational costs, anticipated grant funding, and Lower Elwha Tribal Police, Quileute Tribal Police and Olympic National Park service fees are subtracted from the total projected budget. Lower Elwha Tribal Police and Quileute Tribal Police service fees are solely based on the number of full time, sworn officers. Olympic National Park's fee is charged at the same rate as the lowest paying law enforcement Member, but in no case lower than $10,000. The balance of the budget is allocated to the major functions as follows: FIRE: Percentages of use for individual fire members are determined by taking the total calls for service for each fire member and dividing it by the total fire calls for all fire members. These figures are used to allocate each Member's share of the overall fire share of the budget. LAW ENFORCEMENT: The number of full time sworn officers for each Member is multiplied by $2,000 for a base amount. These numbers are then totaled and subtracted from the police share of the overall budget. That total is then divided further based on the percentage of calls for service for those agencies that use PenCom' s full services, including the records management system. The base amount is added to the percentage amount for a grand total for each Member. Revised 11/8/2007 , , ,~ , , EXHIBIT B . . . ~if~ ACCESSIW ACIC/N CIC USER ACKNOWLEDGMENT .I. Introduction Since its inception, the National Crime linformation Center (NCIC) has operated under a shared management concept between the FBI and state users. The NCIC Advisory Policy Board established a goal of having a single state agency In each state assume responsibility as the NCIC Control Terminal Agency (CTA) for the state, through and by which NCIC users in that state would access NCIC. The CT A is responsible for the planning of necessary hardware. software. funding. and training all authorized agencIes within the state for complete access to NC/C data services. The Board approved the CTA concept in order to unify responsibility for system user discipline, and adherence to system procedures and poliCies Within each state. The CTA also serves as a central point in its state for handling record validations. quality control matters, dissemination of manuals and other publicatIons, security matters, user training, audits, and any other problems concerning system use that may arise. The responsibilities of the Control Terminal Officer (CTO) are detailed in several documents related to the ACCESSIWACIC/NCIC system. ThiS agreement outlines the vaned'responsibilities of a CTO as they pertain to the NCIC system. FBI NCIC responsibilities under this shared management concept Includes provision of: Operational, technical, and investigative assistance to NCIC users; Telecommunications lines to a state interface; Legal and Legislative review of matters pertaining to NCIC; ACCESSMlACIC/NCIC USER ACKNOWLEDGEMENT Timely information on all NCIC aspects of system usage by means of theNCIC Operating Manual, Technical and Operational Updates, and related documents; Staff research assistance; Training and training materials to the control terminal agencies. The following documents are incorporated by reference and made part of this user acknowledgment: WACIC Manual; ACCESS Manual; NCIC Computerized Criminal History (CCH) Program Background, Concept and Policy, as amended or superseded by Implementation of the Interstate Identification Index (III) Program; code of Federal Regulations, Title 28, Part 20; NCIC Standards as recommended by the NCIC Advisory Policy board and approved by the FBI Director; applicable federal and state laws and regulations: ACCESSMlACIC rules. regulation. and pOlicies as recommend by the Advisory Council on Criminal Justice ServIces. II. DEFINITIONS "Control Terminal Agency (CTA)" In Washington, the CTA is the Washington State Patrol "NCIC Control Terminal Officer (CTO)" The NCIC CTO ;s the Commander of the Washington State Patrol's Cnmlnal Records Division. The CTO and his agency will be responsIble for monitoring system use, enforcing system discipline, and assuring ACCESS, WACIC. and NCIC operating procedures are followed by all users of the respective telecommunications lines. as well as other related duties as outlined by this document. "Terminal Agency Coordinator (TAC)" A TAC shall be appointed at each terminal location and be Levell! certIfied. The T AC shall be responsible for ensuring his/her agency is in compliance With state and NCIC policies and regulations. including validation requirements. ., ACCESSM/ACIC/NCIC USER ACKNOWLEDGEMENT "Timeliness" WACIC/NCIC records must be entered promptly to ensure maximum system effectiveness. A timely entry in the Wanted Person File is made immediately once: 1. The decision to arrest or authorize arrest has been made; and 2. The terms of extradition have been established. The date of want or warrant must be the date on which all those deCISIons were made. ", A timely removal from the file means an immediate clearing of the record once the originating agency has documentation the fugitive has been arrested or is no longer wanted. Timely system inquiry means initiation of the transaction before an officer releases a subject or begins writing an arrest or citation document of any kind; inquiry prior to the release of a person who has been incarcerated; or inquiry upon those who appear at a custodial facility to visit inmates. Timeliness of entry/modification in the Missing Person File is generally the same as in the Wanted Person File. Timely entry/modification of vehicle. license plate, and vehicle part data matches the wanted person standard, less the extradition considerations. Entry should be made as soon as a cross-check of the Department of Licensing's Registration File has been completed. Timely entry of gun, article, and securities information means within a few hours of the time complete information is available. "Validation" Validation (vehicles. plates. fugitives, missing person entries) obliges the ORI to confirm the record is complete, accurate, and still outstanding or active. Validation procedures are defined in Section IV-C of this agreement. ~ J ACCESSIW ACIC/NCIC USER ACKNOWLEDGEMENT "Completeness" Complete records of any kind include all information available on the person or property at the time of entry. The validation process should included a review of whether additional information has become available (missing from onginal entry) that could be added. Complete inquiries on persons include numbers that could be indexed in the record (i.e., Social Security, passport, VIN, license plates, driver's license, etc.). Inquiries should be made on all names/aliases used by the suspect. Complete vehicle inquiries include VIN and license plate numbers. "Accuracy" The accuracy of WACIC/NCIC data must be double-checked by a second party. The venfication should include assuring the data In the WACIC/NCIC record matches the data In the investigative report and that other checks (VIN/lincence numbers) were made. Agencies lacking support staff for this cross-checking should require the case officer to check the record, as he/she carries pnmary responsibility for seeking the fugitive or the stolen property. III. OPERATIONAL RESPONSIBILITIES To ensure the proper operation ofWACIC/NCIC, the standards, procedures. formats, and criteria, as contained in ACCESSIWACIC operating manuals. will be followed. A specific operational situation IS: Hit Confinnation Policy The agency that obtains a hit has the ability to designate to the entering agency one of two priorities for confirmation. . PRIORITY 1: URGENT Confirm the hit Within 10 minutes. In those instances where the hit is the only baSIS for detaining a suspect or the nature of a case requires urgent confirmation of a hit, the highest level of priority should be specified. Each agency must. within 10 minutes, furnish to an agency requesting a record confirmation, a response indicating a positive or negative confirmation or a 4 ACCESSIWACIC/NCIC USER ACKNOWLEDGEMENT notice of a specific amount of time necessary to provide a response to the request for record confirmation. PRIORITY 2: ROUTINE Confirm the hit within one hour. Generally, this priority will be used when the person is being held on local charges, property has been located under circumstances where immediate action is not necessary. or an urgent confirmation is not required. Each agency must within one hour, furnish to an agency requesting a record confirmation, a response indicating a positive or negative confirmation or a notice of a specific amount of time necessary to provide a response to the request for record confirmation. An agency requesting confirmation which fails to receive a response to the first request shall generate a second request with a copy to the CTO. Tile eTO will institute appropriate action to ensure proper response to a hit confirmation request and to comply to system standards. This appropriate action may include canceling the record by the CT A. N. QUALITY ASSURANCE RESPONSIBILITIES A. Introduction Criminal justice agencies have a specific duty to maintain records that are accurate, complete. and up-to-date. The CTA will ensure there are standards for security, audits. and personnel training; which would allow the dissemination of accurate and up-to-date records. B. Record Quality Errors discovered in WACIC/NCIC records are classified as serious errors, form errors, or an error trend. (1) Serious errors: WACIC/NCIC will advise the ORI via teletype message of an apparently erroneous record and request it be verified, changed, or canceled within 24 hours. The record will be canceled if neither a response is received nor correctIve action has been taken during the allotted time. 5 ACCESS/WACIC/NCIC USER ACKNOWLEDGEMENT (2) Form errors or error trends: the CTA will notify the ORI by letter of the corrective action to be taken. No further notification or action will be taken by the CT A. C. Record Validation WACfC/NCIC periodically prepares listings of records on file for validation purposes. Validation listings are prepared pursuant to a schedule. as published in the WACIC Operating Manual. These listings are mailed to the originating agency. Validation obliges the ORI to confirm the record is complete, accurate, and still outstanding' or active. Validation is accomplished by reviewing the original entry and c~rrent supporting documents, and by recent consultation with any appropriate complainant. victim. prosecutor, court. motor vehicle registry files. or other appropnate source or individual. In the event the ORI is unsuccessful in its attempts to contact the victim. complainant, etc., the entering authority must make a determination based on the best information and knowledge available whether or not to retain the anginal entry in the file. Validation procedures must be formalized and copies of these procedures must be 0n file for review during an NCIC/ACCESS audit. . Each agency will receive a letter explaining what records are contained in the validation and general procedures for validating the records. A "REPL Y REQUIRED" letter is included for the agency to certify the records have been validated. Validation certification means: (1) the records contained on the validation listing have been reviewed by the originating agencies; (2) the records which are no longer current have been removed from W ACIC/NCIC and all records remaining in the system are valid and active; (3) all records contain all available information; and (4) the information contained in each of the records is current and accurate. including appropriate extradition Information. If the CTA has not received a certification response from an agency within the specified period of time. the CTA will purge from WACIC/NCIC all records which are the subject of that agency's validation listings. (NOTE. If a CT A fails to certify any validation listing to the NCIC within the 6 , - '. ACCESSMJACIC/NC/C USER ACKNOWLEDGEMENT specified time, all invalidated records from that state will be purged by the NC/C.) v. SECURITY RESPONSIBILITIES A. General Security guidelines, relating to WASIS and NC/C III criminal history record information, are set forth in the NC/C Computerized Criminal History Program Background's Concept and Policy as superseded by the III program, in Title 28; Code of Federal Regulation, Part 20, Subparts A and C; and by state statute in RCW 10.97 and Washington's Administrative Code, chapter 446-20. All agencies participating in the ACCESS system must comply with and enforce system security. B. Originating Agency Identifier (OR/) The assignment of an ORI to an agency is not a guarantee of access to the systems. The ultimate decision regarding who may access WACIC/NCIC lies with the CTA. The CTO will coordinate the assignment of new ORI numbers, the change in ORllocation or address, any other changes, cancellations, or retirements of ORis accessing WACIC/NC/C. The agency shall notify the CTO of any such changes. , - Application for assignment of new ORis shall be made directly to the CTO. Such application shall contain documentation of the agency's statutory authority as a criminal justice agency and a statement that indicates the agency allocates more than 50 percent of its annual budget to the administration of criminal justice. Noncriminal justice agencies will be denied an ORI, unl~ss under management control of a criminal justice agency, a copy of the management control agreement must be submitted to the CTa. 7 ACCESSIWACIC/NCIC USER ACKNOWLEDGEMENT VI. COMPUTERIZED CRIMINAL HISTORY RECORD INFORMATION RESPONSISIUTIES A. Each agency shal'l conform with system policies, as established by the ACCESS/WACIC manuals. before access to criminal history record information is permitted. This will allow for control over the data and give assurance of system security. B. The CTA is responsible for the security throughout the system it servIces. including all places where terminal devices are located. Upon determination that a terminal is in non-conformance with system management or security policy. the CTA has the authority to impose sanctions. including termInation of servIce. C. The rules and procedures governing direct terminal access to crIminal history record information shall apply equally to all partIcipants In the system. D. All criminal justice agencies having direct access to computerized CHRI data from the system shall permit an NCIC or WACIC audit team to conduct appropnate inquiries with regard to any allegations of security violations. Agencies must cooperate with these audits and respond promptly. E. All computers and manual terminals interfaced directly with the ACCESS/WACIC/NCIC systems for the exchange of criminal history record information must be under the management control of a criminal justice agency. as defined by the NCIC CCH background and policy document. ' F. Each agency shall have in place a system for logging all inquiries of the "', which log shall include the name of the individual within the criminal justice agency to whom the response is given. T~_ese logs shall be maintained for at least 12 months from the date of inquiry and must be available to assIst in the State or National audit program. G. Each agency receiving an III response shall record any secondary dissemination. These logs shall be maintained for at least 12 months from the date of inqUiry. R ~ :' \ , ACCESSI'N ACIC/NCIC USER ACKNOWLEDGEMENT Agencies must institute a program of systematic self-audits as a means of .guaranteeing the completeness and accuracy of the information in the system. These self-audits should be on a continual basis to ensure both quality assurance and compliance with standards. Compliance audits will cover the following areas of the III. WACIC/NCIC stolen property, and person records: Accuracy All WACIC/NCIC entries shall contain no erroneous data. Completeness All information contained in a WACIC/NCIC entry or in a criminal history record shall contain the most pertinent information available. Timeliness All entries. modifications. updates. and removals of information shall be completed, processed. and transmitted as soon as possible. in accordance with established standards. Locates All wanted/missing persons. and property records. which are apprehended or recovered. shall be promptly placed in "located" status. except those located outside of the stated area of extradition or return. Securny It is the responsibility of an agency to protect its information against unauthorized access, ensuring confidentiality of the information in accordance with laws, policies, regulations. and established standards. Dissemination All information released shall be in accordance with applicable laws and regulations. and a record of dissemination of Criminal history records shall be maintained for one year and made available for NCIC/VVACIC audit review. 9 " ACCESSfWACIC/NC/C USER ACKNOWLEDGEMENT VII. AOMINISTRA TlVE RESPONSIBILITIES A. The agency shall respond to requests for information by the FBI NC/C or WACIC in the form of questionnaires, surveys, or similar methods, to the maximum extent possible, consistent with any fiscal. time, or personnel constraints of that agency. B. The CTO shall offer system training to agencies accessing WAC/C/NCIC through the state computer. Agencies shall assign appropriate employees to attend classes When offered. If employees are using inquiry only functions, they must attend Level I certification training. Employees entering information into the NCIC/W ACfC system and Terminal Agency Coordinators (TAC) must attend Level" certification training. All certifications must be renewed biennially. c. The CTO will distribute, within the state crimInal justice community, the ACCESSIWACIC manuals, NCIC Code Manuals, and as requested, mIscellaneous publications in order to enhance effective use of the WACIC/NCIC system. The agency shall incorporate such changes upon receipt. 10 o .' '. , . , , " ACCESS/WACIC/NCIC USER ACKNOWLEDGEMENT ACKNOWLEDGMENT As an agency head/director serving in the ACCESS/W ACIC/NCIC system, I hereby acknowledge the duties and responsibilities as set out in this document. as well as those documents incorporated by reference. I acknowledge that these duties and responsibilities have been developed to ensure the reliability, confidentiality, completeness, and accuracy of all records contained in oc obtained by means of the WACIC/NCIC system. I also acknowledge that a failure to comply with these duties and responsibilities will subject my agency to various sanctions. These sanctions may include the termination of ACCESSIWACIC/NCIC services to my agency. ~~-?.nLC"AI -:4. ::r-L/L Agency Head (Please Print) ~~ 0<dL Agency Head sig ature · q~r- Ail~ezLS ~L/C.E ::i)cP'/ Agency Name rf-S-'?7 Date I I STEVE ROMBERG Communications Manager Port Angeles Pohce Department 321 East 5th Street Port Angeles, W A 98362 360-417-4911 360-417-4556 fax E-MaIl: sromberg@cityotpa.us CHIEF JON C. BUGHER CCRFP District #2 P. O. Box 1391 Port Angeles, W A 98362 360-452-7725 360-452-9235 Fax E-Mail: chief@c1allamfire2.org, CHIEF STEVE VOGEL CCRFP DistrIct #3 323 North 5th Avenue Sequim, W A 98382 360-683-4242 E-Mail: svogel@c1allamfire3.org CHIEF JIM JOHNSON CCRFP DistrIct #4 P. 0 Box 106 Joyce, W A 98343 360-928-3132 E-Mail: ccfd4@c1allambroadband.com CHIEF PATRICIA HUTSON CCRFP District #5 P. O. Box 530 Clallam Bay, W A 98326 360-963-2371 E-maIl cclallam@centurytel.net CHIEF DAN McKEEN Port Angeles FIre Department 102 East 5th Street Port Angeles, W A 98362 360-417-4655 360-417-4659 fax E-Mail: dmckeen@citvofoa.us CHIEF BILL LYON La Push Police Department P. O. Box 248 La Push, W A 98350 360-374-9020 E-Mail: BilI.Lvon@auileutenation.org Updated 12/1/2008 EXHIBIT C Key Officials CHIEF BOB SPINKS Sequim Police Department 609 West Washington, Suite 16 Sequim, W A 98382-3291 360-683 -722 7 360-683-4556 fax E-Mail. rspinks@cl.seauim.wa us SHERIFF BILL BENEDICT Clallam County SherIffs Office 223 East 4th Street, Suite 12 Port Angeles, W A 98362 360-417-2464 E-Mail: bbenedlct@co.c1allam.wa.us CHIEF ROD CHARLES Lower Elwha Tribal Police Department 4821 Dry Creek Road Port Angeles, W A 98363 360-452-6759 E-Mail: rodclalelwha.nsn.us KEVIN HENDRICKS Chief Ranger OlympiC NatIOnal Park Headquarters 600 East Park Avenue Port Angeles, W A 98362 360-565-3110 E-Mail: Kevin Hendricks@nps.,?ov JAMESTOWN S'KLALLAM TRIBAL FISH & GAME 2851 Old Blyn HIghway Sequim, W A 98382 360-681-4629 CHIEF MIKE POWELL Forks Police Department 500 East DIvision Street Forks, W A 98331 360-374-3226 E-Mail: mpow.fpd@forkswashington.org CHIEF TERRY GALLAGHER Port Angeles Pohce Department 321 East 5th Street Port Angeles, W A 98362 360-417-4901 360-417-4556 fax E-mail: tg.allag.her@citvofpa.us I \ "", .. Mar 24 08 01:23p -. I PAPD ADMIN 360-417-4556 p.2 5. w7<! INTERLOCAL AGREEMENT BETWEEN THE CITY OF PORT ANGELES, A MUNICIPAL CORPORATION, AND THE CITY OF FORKS, A MUNICIPAL CORPORATION THIS AGREEMENT is entered into this Iyr} day Of~ary, 2008, by and between the City of Port Angeles, Washington, hereinafter referred to as "Port Angeles" and the City of Forks, Washington, hereinafter referred to as "Forks." WHEREAS, this Agreement is made pursuant to Chapter 39.34 RCW; and WHEREAS, Forks is in need of the professional emergency dispatching services; and WHEREAS, Port Angeles is willing to provide dispatch services for Forks to the extent it is able to do so through its Pen Com facility; NOW, THEREFORE, in consideration of the mutual covenants and promises described herein, the City of Port Angeles and the City of Forks agree as follows: Section 1. Employment of Emergencv Dispatcher. Port Angeles agrees to provide emergency dispatching service for Forks to the extent Port Angeles is capable of doing so through its PenCom facility. Section 2. Term. This agreement shall commence on January 29, 2008 and continue until July 29, 2008, unless terminated earlier as provided below. Section 3. Services. The emergency dispatching services to be provided by Port Angeles are more fully described in the attached Exhibit A. Section 4. Compensation. The City of Forks will reimburse Port Angeles for services provided on the toll owing basis: $833 per month. Section 5. Termination. This agreement may be terminated at any time and for any reason by either party by gIving 14 days notice of termination to the other party. Interlacal Agreement Page 1 3'1sr C~ Uti U 1: c;:!JO PAPD ADMIN 360-417-4556 10.3 "' Section 6. Defense and Indenmification. Both parties recognize and acknowledge that Port Angeles' PenCom facility is 110t equipped to provide complete dispatching service to Forks. The services to be provided pursuant to this agreement are intended to be temporary and interim. The parties also recognize the range of services will be limited. For those reasons, Forks assumes and agrees to hold Port Angeles harmless from any claims or liabilities made or arising from the provision of dispatching services pursuant to this agreement. Section 7. Venue and Jurisdiction. The parties to this agreement agree that this Interlocal Agreement shall be construed and interpreted pursuant to the laws and precedents of Washington State and that venue for any lawsuit arIsing from this Interlocal Agreement shall be in the Superior Court of Clallam County. Section 8. Entire Agreement. This agreement for the provision of professional services constitutes the entire agreement between the parties with respect to the subject matter theleof~ and supersedes all prior written agreements and all prior or contemporaneous oral agreements or understandings between the parties. IN WITNESS WHEREOF, the parties have executed this agreement by their duly authorized officials as set forth below. CITY OF PORT ANGELES M?!tF/~M~?:!!:f;;dager, ln~ Dated this 7 day ofFefm1Jdry, 2008. , ;<1 11.{.4~ 2t:.t:Jc Dated this ---.!..I-- day of F&bru8f)', -2{)08. Attest: .611!~ .-Lj:J:D^- Becky J. Up , CI Clerk \\fsl\mRIII\Lcgdl_Backllp\AGREEMENTS&CONTRACTS\2008 Agmts&ContrnCls\Forks Pencolll Dispatch lnlerlocal 013008 doc :;:;~o~~ Willianl E. Bloor, 'City Attorney Interlocal Agreement between PA and Clallam County Page 2 ,Mar ~"'I- Uti U 1: 2"'1-p PAPD ADMIN 360-417-4556 p.4 -, EXHIBIT A ST A TEMENT OF WORK A. The City of Port Angeles agrees to: a. Sufficiently staft: operate and maintain PenCom, using employees of the City. b. Maintain records and statistics of the operation of PenCom for administrative and financial purposes. c. Provide the following communications services: i. Maintain a public safety answering point (PSAP) for the receipt of all telephone calls for emergency and other assistance, whether received by 9-1-1 or other method of communication with PenCom. 11. Provide service during the following time periods: 1. 24 hours a day, seven days a week iii. Should the City of Forks, tor any reason, request additional hours of service, the terms for providing the additional hours must be negotiated in advance. iv. The performance of other tasks and services necessary and proper for the efficient operation of a comprehensive emergency communications system. B. The City of Forks agrees to: a. Maintain reliable communications equipment essential to successful emergency dispatch and public safety communications. In the event the City of Forks purchases its own equipment, such equipment shall include, but not be limited to: 1. A base station or repeater installation including a standby unit, either of which may be selected by remote control for use by Center personnel; n. An emergency power source for the above communications equipment or an emergency plan for continuing dispatch services IIClI c."'T UO U J. : C"tp . . -..>:.- r'Ht-'U HUMIN 360-417-4556 p.5 ~, in the event of a commercial power failure affecting City of Forks equipment. b. Incur the costs of telephone lines, fiber optics, radio or microwave links, or other methods of communication between Pen Com and the various radio or computer equipment owned or operated by the City of Forks, or for the purpose of controlling or using such facilities, which shall be the sole responsibility of the City of Forb.. c. Immediately resume all dispatch responsibilities for the City of Forks in the event of a disaster or other catastrophic OCCUlTence negatively impacting PenCom's ability to continue normal operations. C. It is mutually agreed between the Parties that: a. Radio frequencies: Each user, while retaining ownership or license to the certain radio frequencies used at the time of joining in this Agreement, agrees to permit use and operational control of those frequencies by PenCom. Each user shall be responsible for renewing their own radio licenses at the end of license periods and to maintain their base radio stations, repeaters and other support equipment outside PenCom's facility. b. Liabilities: Both parties agree that the City of Forks shall be liable for and hold the City of Port Angeles harmless trom, claims for damage or loss of property, personal injury or death caused by the negligent or wrongful acts or omissions of any employee of the City of Forks c. Moditlcations: This cooperative agreement or subagreements may only be modified in the form of amendments in writing by mutual agreement by both parties. Requests for modification will be forwarded by one party to the other by written notice at least thirty (30) days prior to the proposed date of such modification. 5.~7Y PENINSULA COMMUNICATIONS (PEN COM) DISPATCH AND COMPUTER RECORDS SERVICE AGREEMENT THIS AGREEMENT is made and entered into by and between the City of Port Angeles, (hereinafter referred to as "the City"), and Jamestown S , Klallam Tribe, (hereinafter referred to as "Member"). WITNESSETH THAT: 1. The Agreement. The Parties hereto acknowledge the 2004 "Peninsula Communications (Pencom) Dispatch and Computer Records Service Agreement," (hereinafter referred to as "the Agreement"), as the basis for this agreement and incorporate it herein by this reference. 2. Joining of Other Members. Pursuant to Section V. ofthe Agreement, the Jamestown S , Klallam Tribe wishes to join Pencom as a member. 3. Bound by Agreement. In consideration of the services to be provided and benefits received from Pencom, Member agrees to be fully bound by all terms and conditions of the Agreement, and to accept and fully perform all duties and obligations of a Member under the Agreement. 4. Consent to Jurisdiction and Member's Express Limited Waiver of Sovereign Immunity. The Member hereby expressly consents to jurisdiction of the courts of the State of Washington as having exclusive jurisdiction to hear, resolve and enter final judgment on any legal dispute by and between the parties to the Agreement and/or their affected officers, officials, and employees, concerning the interpretation ofthe Agreement, enforcement of any of its provisions, and any complaints or counterclaims for monetary damages and/or equitable relief for any alleged or actual breach of any provision of this agreement and/or for the enforcement of any such final judgment entered by any court of the state of Washington regarding such matters agrees to a limited waiver of sovereign immunity. Ifthe parties agree, then an action may be brought by a complaining party in the Jamestown S'Klallam Tribal Court. For ths limited purpose only, Member does hereby expressly waive its sovereign immunity and its right to assert sovereign immunity status or defense in the courts of the State of Washington for any such legal claim or complaint for the interpretation and/or enforcement of the Agreement, and/or for any complaints or counterclaims for monetary damages or equitable relief for any breach of the Agreement, and/or for the enforcement of any such final judgment entered by any court of the State of Washington regarding such matters. Nothing in this limited waiver shall be deemed to be an implied general waiver of Member's sovereign immunity from suit, which immunity is expressly asserted. -1- 5. Finances. In accordance with Section VII. of the Agreement, Member promises to pay all charges when due. Member agrees to pay an annual fee based on the number of full time, sworn officers, as set forth in Exhibit A of the Agreement, PenCom Funding Formula, beginning January 1,2007, and continuing thereafter. 6. Key Officials. Pursuant to Section XI. of the Agreement and Exhibit C, Member designates the following person as key official for the Jamestown S'Klallam Tribe: Fish and Game Enforcement Jamestown S , Klallam Tribe 1033 Old Blyn Hwy. Sequim, WA 98382 Phone: (360) 460-2309 Email: OROURKETL@MSN.COM 7. Duration. This Agreement shall be in effect the 151 day of January, 2007 and shall be perpetual and continue year-to-year as defined in Section VI. of the Agreement: Duration, Termination and Remedies. CITY OF PORT ANGELES ..ul . ",arch Dated thiso<D~ay offelJiual)', 2007. ~4V7U~ .~~$"7r> r Karen A. Rogers, Mayor ~~ Attest: bQ~~Jptn^" Becky J. U n, Clerk JAMESTOWN S'KLALLAM TRIBE ...MJ. . f/I'It:lr~ ~ Dated thiso<O~ay of Fe6ItlM)', 2007. ~}:~c~~ - ~~ Annette Nesse, AdministrationIPlanning Director ~pproved ~o form: _ dM-~~ Leo P. Gaten, Tribal Attorney G \Legal_BackupIAGREEMENTS&CONTRACTS\2006 Agml5&Conlracl5lPencom Jamestown S'Klallam Tnbe 122606 wpd (Febru~' 16,2007) ~ -2- 5. It; 7-</ AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE Page 1 of 7 2. AMENDMENTIMODIFICATION NO. 0001 6. ISSUED BY PWR - OL YM Olympic National Park 600 East Park Ave Port Angeles, WA 98362-6798 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO.5. PROJECT NQ. (If applicable) 02/06/2008 R9506080002 CODE 7. ADMINISTERED BY (If other than Item 6) CODE 8. NAME AND ADDRESS OF C;;ONTRACTOR (No., street, county, State and Zip Code) PEN COM PORTANGELES, CITY OF 321E 5TH ST 9A. AMENDMENT OF SOLICITATION NO. 9B. DATED (SEE ITEM 11) PORT ANGELES, WA 98362-3206 (X) 10A. MODIFICATION OF CONTRACT/ORDER NO. H9500040018/ P9506080002 (X) 10B. DATED (SEE ITEM 13) I I D 01/29/2008 11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS D The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers 0 is extended, 0 is not extended. Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing Items 8 and 15, and returning _ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which indudes a reference to the solici tation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO ,THE HOUR AND DATE SPECIFIED t.M Y RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer:'already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this am endment,' ~nd is received prior to the opening hour and date specified. 12. ACCOUNTING AND APPROPRIATION DATA (If required) 2008 - - - 9506 - - 252Z - - SZC - - - 0001 - - - - - - 13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14. CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE t.MDEIN. ~ THE CONTRACT ORDER NO. IN ITEM 10A. Bi-Lateral Mcdification to add FAR Clauses 52.204-07 (CCR) and 52.204-08 (OR CA) o B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO T HE AUTHORITY OF FAR 43.1 03(b). o C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF: o D. OTHER (Specify type of modification and authority) E. IMPORTANT: Contracta 0 is not, 0 is required to sign this document and return ~ copies to the issuing office. 14. DESCRIPTION OF AMENDMENTIMODIFICA TION (Organized by UCF section headings, including solCitation/contract subject matter where feasible) It has been determined ne::essary and in the Government's best interest to modify this contract to add the following Federal Acquisition Regulation (FAR) clauses that should have been inleuded at time of award:: FAR 52.204-07 Central Contractor Registration (CCR) FAR 52.204-08 Annual Representations ald Certifications (ORCA) Accordingly, the Contract is changed in the following manner. All other terms and conditions remain in place and in full force and effect. 16C. DATE SIGNED ature of person authorize NSN 7540-01-152-8070 PREVIOUS EDITION UNUSABLE 1-r1c2-b~ BY .02/06/2008 STANDARD FORM 30 (REV. 10-83) Prescribed by GSA FAR (48 CFR) 53.243 Line Item Summary Document Number Title OL YM After-Hours-Dispatch (pENCOM) P9506080002/0001 Total Funding: FYs 2008 $10,000.00 Sub Program SZC Cost Org Object Class 253H Fund Budget Org Sub 9506 Division Closed FYs Cancelled Fund Line Item Number Description CLlN Delivery Date Ref (Start Date to End Date) Quantity 0001 Annual user fees for after-hours telecommunicatims services (PEN COM) (ADC) (10/0112007 to 09/30/2008) 0001 12 mths. The tenns and conditions of this order are in in accordance with agreemEJlt number H9500040018. Ref Req No: R9506080002 Funding Information: 2008 - - - 9506 - - 252Z - - SZC - - - 0001 - - - - - - $10,000.00 Sub Unit of Issue 4.00 qtr Page 2 of? Proj/Job No. 0001 Sub Reporting Category Unit Price $2,500.000 Total Cost: Total Cost (Includes Discounts) $ 10,000.00 $10,000.00 Document No. Document Title OL YM After-Hours-Dispatch (PENCOM) P9506080002/000 1 TABLE OF CONTENTS SECTION A -- Solicitation/Contract Form A.1 Summary of Changes SECTION I -- Contract Clauses 1.1 Central Contractor Registration SECTION K -- Representations, Certifications and Other Statements of Offerors KJ Annual Representations and Certifications Page 30f7 4 4 5 5 7 7 Document No. Document Title OL YM After-Hours-Dispatch (PENCOM) Page 40f7 P9506080002/000 1 SECTION A -- SOLICITATION/CONTRACT FORM A.1 SUMMARY OF CHANGES Clause '52.204;:,07;:, Cehtral ConttactbtRegistratiort'has heenadded: Clause '52.204-08 - Annual Representations and Certifications' has been added. Document No. Document Title OL YM After-Hours-Dis atch (PENCOM) Page 5 of7 P9506080002/000 1 SECTION I -- CONTRACT CLAUSES I.1 52.204-07 CENTRAL CONTRACTOR REGISTRATION JULY 2006 . (a)Definitions.As used in this clause- . "Central Contractor Registration (CCR) database" means the primary Government repository for Contractor information required for the conduct of business with the Government. "Data Universal Numbering System (DUNS) number" means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identifY unique business entities. "Data Universal Numbering System +4 (DUNS+4) number" means the DUNS number assigned by D&B plus a 4- character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifYing alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same parent concern. "Registered in the CCR database" means that- (1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and (2) The Government has validated all mandatory data fields, to include validation ofthe Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS), and has marked the record "Active". The Contractor will be required to provide consent for TIN validation to the Government as a part of the CCR registration process. (b)( 1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. (2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "DUNS" or "DUNS +4" followed by the DUNS or DUNS +4 number that identifies the offeror's name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verifY that the offeror is registered in the CCR database. (c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. (1) An offeror may obtain a DUNS number- (i) If located within the United States, by calling Dun and Bradstreet at 1-866-705-5711 or via the Internet at http://www.dnb.com; or (ii) If located outside the United States, by contacting the local Dun and Bradstreet office. (2) The offeror should be prepared to provide the following information: (i) Company legal business. (ii) Tradestyle, doing business, or other name by \\hich your entity is commonly recognized. (iii) Company Physical Street Address, City, State, and Zip Code. (iv) Company Mailing Address, City, State and Zip Code (if separate from physical). (v) Company Telephone Number. (vi) Date the company was started. Document No. P9506080002/0001 Document Title OL YM After-Hours-Dispatch (PEN COM) Page 60f7 (vii) Number of employees at your location. (viii) Chief executive officer/key manager. (ix) Line of business (industry). (x) Company Headquarters name and address (reporting relationship . within-your entity). . . (d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. (e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation. (f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government's reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update <Xl an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document. (g) (I) (i) Ifa Contractor has legally changed its business name, "doing business as" name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor !ball provide the responsible Contracting Officer a minimum of one business day's written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12 of the FAR; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name. (ii) If the Contractor fails to comply with the requirements of paragraph (g)(I)(i) of this clause, or fails to perform the agreement at paragraph (g)(I)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the "Suspension of Payment" paragraph of the electronic funds transfer (EFT) clause of this contract. (2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor's CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within'the meaning of the "Suspension of payment" paragraph ofthe EFT clause of this contract. (h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757. ~l , Document No. P9506080002/0001 Document Title OL YM After-Hours-Dispatch (PEN COM) Page 7 00 SECTION K -- REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS K.l 52.204-08 ANNUAL REPRESENTATIONS AND CERTIFICATIONS JANUARY 2006 (a)( r)TheN 6rth Ameficil.ri lridiistry Classificati6iiSystem(NAI CS)c()de f()ithisacqiiisiti6riis541990. .. (2) The small business size standard is $6.5 Million. (3) The small business size standard for a concern which submits an offer in its own name, other than on a ccnstruction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees. (b)( I) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph ( c) of this provision applies. (2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph ( c) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes: [] (i) Paragraph (c) applies. [] (ii) Paragraph (c) does not apply and the offeror has completed the individual representations and certifications in the solicitation. (c) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) web site at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NArCS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. FAR CLAUSE # TITLE DATE CHANGE Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA. (End of provision) , . .J r ,1 'f', 5. (f) 7 ~ ;Je- II /2/1 or" PENINSULA COMMUNICATIONS (PENCOM) DISPATCH AND COMPUTER RECORDS SERVICE AGREEMENT AMENDMENT 1 THIS AMENDMENT is made and entered into by and between the City of Port Angeles, (hereinafter referred to as "the City"), and Clallam County, City of Sequim, Clallam County Rural Fire Protection Districts 2,34 and 5, Lower Elwha Klallam Tribe, Quileute Tribe, and National Park Service (hereinafter referred to collectively as "Members" and individually as "Member"). In consideration of the benefits to be derived and the performances to be given, the parties agree as follows: 1. The members previously entered into an Interlocal agreement titled the "Peninsula Communications (Pencom) Dispatch And Computer Records Service Agreement" (the Agreement). The Agreement in incorporated herein by this reference, and as amended herein, the Agreement is confinned and ratified. 2. This amendment amends Section X COMPUTER SERVICES of the Agreement. 3. Section X COMPUTER SERVICES is amended by adding a new subsection, Subsection E, which shall read as follows: E. A Public Safety Network (hereinafter referred to as "PSN") is a cooperative network designed to ensure interconnectivity of public safety communication resources and is intended to provide a secure, reliable, and efficient environment for the purpose of providing public safety technology services for all members. The Members hereby agree to design, develop, install, operat, maintain, repair, and replace as necessary the PSN. The PSN will provide connectivity between member users and software applications provided under this agreement, while maintaining secure access to services provided by each agency. 1. PUBLIC SAFETY NETWORK COMMITTEE. a. A Public Safety Network Committee (hereinafter referred to as the "Committee") hereby is established to recommend operating procedures and policies for the Public Safety Network. b. Voting The Committee shall be comprised of an Information Technology (IT) representative from each Member and an IT representative of the PenCom dispatch center. All Committee members shall have one vote. Decisions by the Committee shall be reached by a simple majority vote. A quorum for the , . " . . '. transaction of business will be established when at least 51 % of the Committee representatives are present. c. COMMITTEE MEMBERS. The committee members specified in this Amendment are considered to be essential to ensure coordination and communications between the parties and the work being performed hereunder. Any party, after written notice to all other parties, may designate another person to act in his/her place, in an emergency. A person acting under this emergency provision shall be allowed to do so for a maximum of 90 days. After 90 days, the Member agency shall appoint a new PSN committee member to replace the original committee member. All committee members shall have the skill and knowledge to intelligently address the issues and duties of the committee. Committee members will be designated in Attachment C. d. The Committee shall have the duties to: 1. Make written recommendations for the operation of the Public Safety Network (PSN) in accordance with accepted industry standards. 2. Keep records of all meetings and publish the minutes of each meeting to each committee member within 10 days of each meeting. Meetings shall be conducted in accordance with Robert's Rules of Order. At the first official meeting of the PSN, the members shall appoint a chairman for a term of 2 years. The official duties of the chairman will be to schedule meetings, set each meeting agenda, notify members of meetings, conduct all official correspondence for the PSN committee, assure representation before the PENCOM Advisory Board, and other duties as assigned by the committee to conduct committee business. 3. Recommend additional services that may be provided to Members if such services cannot be provided by individual members. Such added services shall not be in conflict with or a duplication of existing services. Technology is to be evaluated for its efficiency, cost effectiveness and compatibility with member agency policies and practices. 4. Provide budget information for inclusion in the PenCom annual budget process and to affected agencies. 5. Define PSN resources owned by PenCom and those available as dedicated PSN resources provided by Members. 6. Recommend policies for any change to or upgrade to the network, a PenCom owned PSN resource, or a dedicated PSN resource provided by Members. 7. Recommend PSN system update and upgrade priorities. . . . 1. PUBLIC SAFETY NETWORK POLICIES. Prior to ~ LJJ ~ I , ~~e Committee shall, at a minimum, detenni~-f~4ing policy decisions for the operation of the Public Safety Network and recommend such policies to the PenCom Advisory Board for adoption. PSN policies shall meet or exceed and not conflict with existing member agencies' policies. These PSN policies will be developed in cooperation with member agencies. If adopted by the PenCom Advisory Board, these policies shall be included in Public Safety Network Policies: 3. Overall System Design and Implementation: Describes the basic design, system/network additions, and application methodology; b. Network Administration: Describes a group of network management functions that (a) provide support services, (b) ensure that the network is used efficiently, and (c) ensure prescribed quality of service objectives are met; c. Technical Requirements: Addresses topics such as the number of people who will use the system and where they are located, the numbers and types of transactions that will need to be processed, and the types of technology components that need to interact; d. Security Requirements: Describes types and levels of protection necessary for equipment, data, information, applications, and facilities; e. Member Responsibilities: Describes the member agency investment, asset ownership model, cost recovery, end~user requirements, and personnel commitment; and f. Disaster Planning and Recover: Describes disaster planning, response, mitigation and recovery from natural or man-made catastrophic events. 3. ATTACHMENTS. 1. Attachment A - Diagram of Public Safety Network. 2. Attachment B - PSN Cost Estimate. 3. Attachment C - Committee Members. SUBSCRIBED by the appropriate officers who are duly authorized to execute this Amendment 1 on behalf of the governing bodies of the below-named governmental entities. I. '. CITY OF PORT ANGELES: Dated this I q t!-- day of ~I) ~.P ~ .k ~ ,200-4z & ~~. , 1.J.pUr^ City Clerk ~~~~ City Attorney v CLALLAM COUNTY: 2- S-f' day of N () V bWJ ~v , 200k.. ISSloners Clerk of the Board APPROVED AS T~ FO~ ? J 21 /)'6J Deputy Prosecutor CITY OF SEQUIM: Dated this &3--1 JZ. day of ,200~ W~~ Mayor, City ofSequim ~~~ C' Clerk C::A7i121# City Attorney , , .- , . . CLALLAM COUNTY RURAL FIRE PROTECTION DISTRICT 2: Dated this .677-1 day of SeOTF 111& cr/C_ ,200 & , APPROVED AS TO FORM CZ~~ eOmmissioner Attorney for the District CLALLAM COUNTY RURAL FIRE PROTECTION DISTRICT 3: day of ;;S e- OiC'IY\ h.p r- , 200.fa... f APPROVED AS TO FORM Attorney for the District Commissioner CLALLAM COUNTY RURAL FIRE PROTECTION DISTRICT 4: Dated this d Z day of ~ ) ~~1CJO ~~f)__~ Commissioner ~kI-~q J? ~r Commissioner APPROVED AS TO FORM Attorney for the District ., PROTECTION DISTRICT 5: 200~ APPROVED AS TO FORM Commissioner Attorney for the District LOWER ELWHA KLALLAM TRIBE: Dated this 1-ff) day of V0.-ee f-1 fu r . 200~ APPROVED AS TO FORM Tribal Attorney QUlLEUTE TRIBE: Dated this 6 -y-bi day of ~(,F1Vvl t::? T f? _ , 200 (. .Il- ~ ~ Chairperson APPROVED AS TO FORM Chief Financial Officer Tribal Attorney NATIONAL PARK SERVICE: Dated this L) TI+ day of LJ.z: 6s m E5 ~_!2:- , 200.f12 {.p ~ / Olympic National Park Contracting Officer Superinten n National Pa Service PENCOM (Dispatch) Remot, VPN Clie~ '" ~ . " ~ ^ ! ..: .~"'r~ \. ;" ~ '~, ,; ~ -' ~ .,~*,tJ~~:!~~~9r: ; ,Ir OP5CAN,1~1.~ , ~ ~"~~~^:~~zi~tr;~~~/ ~, , ~~ " ,',' ~ ; ~ :x::o SSL or IPSec "', <;g:' h"~~;: SSL or IPSec ":f~{J~i~CE!; ':;;I~; ~~ -:;;. .....):.#{;,~h _ ~FireDept'S Secured LAN Site Connectivity CCSO CIS connects through County LAN ~ Sequim PO J; connects through . . _', County WAN " ,~;:. I ~\ " _ _ <>,..t.'-:. fiLE Public Safety Logical Network Will ac;cess PSN resources In native mode w/out use of CITRIX Citrix Presentation Servers PAPD Strictly Confidential REVISION 1.0 Citrix A~sed Applications Aegis I Drive OPNET Drug Tall< Secure Files Schools Training Mobile Data Opscan Fingerprinting (IGN) JaRS L1NX (Internet) E-tJcket CAD Mapping Fire SeNer . f AS 400 PSN Active Directory Application' File Server$ DATE DRAFTED BY 05/11/06 Mary WdlJO(;k1 - .", PENCOM AGREEMENT AMENDMENT 1 Attachment B - Public Safety Network Costs Capital Costs for Build Out of Network - to be completed by December 31, 2006: . Right! Systems Proof of Concept . CITRIX solution software & hardware . Domain controllers (inc!. Win2K3) · Consulting & contingencies (Right! Systems · & Northpoint Consulting) o Total $ 8,280 30,500 7,000 9,000 $ 54,780 The costs identified above include the design for resiliency/redundancy. Expenditures for 2006 will be paid from the .1 % emergency communications sales and excise tax collected by Clallam County and set aside for PenCom capital expenditures. These costs are budgeted for 2006 as base costs for the mobile data project. On-Going Annual Costs for Operations and Maintenance of the Public Safety Network: $2000.00 - $3000.00 is estimated for continuing operation and maintenance of the system annually. Yearly costs will be calculated as part ofPenCom's annual budget request for operations. , " ~ '.. . PENCOM Public Safety Network Attachment C The following agency technology staffs have been participating in the PSN development. After the PENCOM amendment is completed the PENCOM Advisory Board will appoint the formal committee. INTERIM PSN TECHNICAL COMMITTEE Sequim Mike Frame - IT Steven Rose - IT Gary Smith - IT Sheri Crain - Sequim Police Department Port Angeles Gary Brooks - IT Jim Harper - IT Elizabeth Strait - IT Keith Bogues - Port Angeles Fire Department Clallam County Dan Flynn - IT Greg Helwick - IT Jeff Christopher - IT Eric Baker - IT Alice Hoffman - Clallam County Sheriff's Office Mary Wilgocki - IT Public Safety PENCOM Naomi Riggins - Communication Manager r.ommittAp. mAmhAr~hin A~ of OA/14/?OOR \ filED FOR Rt:CC:<) t. [ T,l: RCQ'JES, nF ._2_ft._C!.:tl.--...- ~,t:CO<<D~G l~. h~ .1...A'i'.;,'Cl.\LLlt~~ {J 2nr;r; Aur ? 3 p~l ?: ? 3 t;~j\J V'- I., L.. '- Filed at the Request of: City of Port Angeles City Clerk's Office P. O. Box 1150 Port Angeles, W A 98362 IIII Hili ~ IIU I \Ill 111,1 2005 1163439 g~~I~; @ Interlocal Agreement City Clerk File No.: c:; Ie, 1~ Agreement between the City of Port Angeles and CtGi(~ C~l ~o~ 5R~ () .co:R~ )Y<+totdi ()I...~\Siil ~ =>,3 ~ ~ 5-; lrw fi<Vk ~ ~J.tt.J< livb! f1l~17~4k ~lc.e purpose:~V)IAI\St.J~ ~Ovv\rn.u.n~L~CJ.- Dl~~ l~~ ~ewr1~ Se)llh~ ~ Dated: ~/':d ( 16< . ~~I oy .. ~.- 5. f..o 7</ PENINSULA COMMUNICA nONS (PENCOM) DISPATCH AND COMPUTER RECORDS SERVICE AGREEMENT THIS AGREEMENT is made and entered into by and between the City of Port Angeles, (hereinafter referred to as "the City"), and Clallam County, City of Sequim, Clallam County Rural Fire Protection Districts 2, 3 4 and 5, Lower Elwha Klallam Tribe, Quileute Tribe, and National Park Service (hereinafter referred to collectively as "Members" and individually as "Member"). WITNESSETH THAT: 1. WHEREAS, both the City and Members agree that 24 hour access to emergency communications service is essential for protecting life and property of the public they serve; and 2. WHEREAS, the participating jurisdictions have previously entered into interlocal agreements with the City for police, fire and emergency medical dispatching, related computer services, and management of the Clallam County Enhanced 9-1-1 system provided by Peninsula Communications (hereinafter referred to as "PenCom"), a division of the City of Port Angeles Police Department; and 3. WHEREAS, it is the goal of Pen Com to serve Members by providing these services on an equitable cost sharing basis for each Member contracting for said services; and 4. WHEREAS, Chapter 39.34 RCW permits the City and Members to make official use of their powers by enabling them to cooperate with other governmental entities on a basis of mutual advantage; and 5. WHEREAS, the Federal Grant and Cooperative Agreement Act, 31 U.S.c. 6305 (1982) states that an executive agency of the United States government shall use cooperative agreement as the legal instrument reflecting the relationship between the United States and a state, local government, or other recipient when the principal purpose of the relationship is to transfer a thing of value to the state, local government, or other recipient to carry out a public purpose of support or stimulation authorized by a law of the United States, and where substantial involvement is expected between the executive agency and the state, local government, or other recipient when carrying out the activity contemplated in the agreement. NOW, THEREFORE, in consideration of the foregoing as a basis for cooperative agreements and assistance between the parties hereto in their mutually compatible objectives, the parties agree as follows: I. PURPOSE. It is the purpose of this Agreement to provide a mechanism whereby Members may obtain their law enforcement, fire and emergency medical service dispatching, and .. certain computer records services by contracting said services from PenCom and to set forth the powers, rights and responsibilities of the parties to this agreement. n. ADVISORY BOARD. A. Voting. The City and Members hereto agree that the PenCom Advisory Board (hereinafter referred to as the "Board") shall be the operations and policy recommending body for PenCom. The Board shall be composed of a representative from the City and each Member. The City and all Members shall each have one vote. Declsions reached by the Board shall be reached by a simple majority vote. A quorum for the transaction of business will be established when at least 51 % of the Members are present. B. The Board may establish by-laws consistent with this Agreement. C. The Board shall have the authority to: I Make recommendations for the operation of Pen Com in accordance with industry standards. 2. Recommend approval of the joining herein of any other agency eligible to participate. 3. Recommend additional services provided to each Member. 4. Review the financial contributions of the parties hereto and recommend adjustments to if the Board finds that any of the Members is bearing an mequitable share of PenCom's costs. 5. Establish committees for specific purposes at the pleasure of and with oversight provided by the Board. These sub-groups of the Board will be strictly advispry in nature. a) These committees may develop priorities, policies, procedures and standards for recommendation to the Communications Manager and may review requests for additional PenCom services and determine if such services should be provided. If such requests are approved by a simple majority of the committee, the Board shall be provided with the recommendation for approvaL b) The specific purpose and membership of the committees will be determined by the Board. 2 " III. PERSONNEL. A. The City shall employ and assign a Communications Manager who shall manage the day-to-day operations of Pen Com. The Communications Manager shall be responsible to the City of Port Angeles Chief of Police for staffmg and direction of all personnel employed by PenCom, for budget preparation and management and for the efficient operation of PenCom including the developm,~nt of operating policies and procedures, scheduling, and supervision. The Communications Manager will act as a liaison with Members and will maintai"l records and statistics of the operation of Pen Com for administrative and financ,ul purposes. The Communications Manager shall, upon the request of any Membx, furnish a monthly report of Pen Com's activities and of each Member's utilizali',~n of PenCom. The Communications Manager is designated the County Enhanced 9-1-1 Coordinator by Clallam County resolution and has the responsibility for the operation and upgrade of the system. The Communications Manager will cooperate and coordinate with Clallam County and the Washington State E9-1.j Program Office to manage the Enhanced 9-1-1 system and budget. The Communications Manager shall act as Chair of the Advisory Board. B. Other personnel of PenCom shall include dispatchers, supervisors and a warrant entry clerk. c. All personnel of Pen Com, including the Communications Manager, shall t>~ employees of the Port Angeles Police Department. They shall be subject to all rules and regulations pertaining to Port Angeles Police Department employees) except as modified by collective bargaining agreements with the City. The Ci~)' shall be responsible for collective bargaining and final contract ratification. Nothing in this Agreement shall be construed so as to render any employee of PenCom or the Advisory Board to be an employee of any ofthe other agencies listed as signators thereto. IV. CITY MANAGER AND CITY COUNCIL. A. Consistent with the terms of this Agreement, the Port Angeles City Manager shall have general supervision over the administration of PenCom and all other duties and powers of the City's chief executive officer as set forth in RCW 35A.13.080. B. Consistent with the terms of this Agreement, the Port Angeles City Council shall be the legislative body having ultimate authority over PenCom with those powers set forth in RCW 35A.11.020. 3 . V. JOINING OF OTHER MEMBERS Other governmental bodies or emergency service providers within Clallam County may be added to this Agreement in accordance with the following: A. Each such agency must agree, in accordance with the applicable laws of the State of Washington, to be bound in all respects, including bearing a proportional share of the capital and annual costs to operate PenCom. ;'<' ,B. The City shall charge each agency a fee for services according to Exhibit A of this Agreement. C. The City may, upon recommendation by the Board, charge each new agency k ' costs incurred for enhancements to equipment, software or hardware, or expansion of buildings or other expenses necessary to provide services for the new Member. D. Upon approval of the joining of a new agency hereto, the Communications Manager shall recompute the fmancial contributions ofthe various Members of PenCom and shall inform them of their adjusted contribution for the current calendar year. VI. DURATION, TERMINATION AND REMEDIES. This Agreement shall be in effect the 1 st day of January, 2004 and shall be perpetu:'; and continue year-to-year; provided, however, 1) any participating Member may , terminate PenCom services upon providing written notice to the City not later than June 30 of any year for withdrawal effective January 1 of the following calendar year; and 2) PenCom may be dissolved upon mutual agreement of all participating Members. If a participating Member withdraws from this Agreement but fails to provide necessary notice to the City, the parties agree that the liquidated damages for such action shall be not less than the withdrawing Member's share ofPenCom's annual operating costs for the next fiscal year as determined by the funding formula for the withdrawing member. VII. FINANCES. A. All expenses incurred by PenCom shall be paid by the City and shared equitably by the City and all other Members in accordance with this Agreement. B. It shall be the responsibility of the Communications Manager to prepare an annual budget to include all necessary and required expenditures and anticipated revenues. The budget shall be reviewed by the Board, and, with its recommendation, submitted to the Port Angeles City Council for approval. Upon request of any Member, the Communications Manager shall appear before that Member's legislative body regarding the annual budget or financial contributions. 4 '- C. The funding structure of this Agreement may be subject to review by the PenCom Advisory Board if a review is requested by at least one participating Member. D. The parties to this Agreement may, on behalf of Pen Com, accept gifts and donations in recognition of services rendered, or to enhance, supplement, augment, facilitate or initiate services performed by PenCom, including, but not limited to, applyi.ng for and receiving grants of money or equipment from other governments. Such gifts and grants shall not replace any Member's financial contribution as required by this Agreement and shall be the sole property of .:, PenCom. Grant applications shall be prepared under supervision of the Communications Manager. , '.; E. Funding for PenCorn will be provided through local and state-imposed 911 taxes, emergency communications sales and use tax revenues, grants, City and Member service fees, with the balance of the required revenue being derived from the Members and City through a funding formula. The funding formula shall establish a fair and equitable contribution for each Member. The funding formula i:.. contained in Exhibit A and incorporated herein by this reference. F. The funding formula in Exhibit A may be amended to assure a fair and equitabk funding of the services as follows: The Advisory Board may recommend the amended funding formula to the City following a unanimous vote by the Board during a meeting held prior fu July 1st and in accordance with Paragraph II.A. Prior to taking action on tlL proposed amendment, all Members shall be provided with copies of the proposal and be given an opportunity to submit written comments for consideration by the entire Board. If all Members do not agree to an amended funding formula which is fair and equitable, the formula shall be subject to the dispute resolution process set forth in Section XIII. G. Members shall on a quarterly basis make their [mancial payments for the cost of operation of PenCom. Each Member will be billed quarterly in equal amounts for its share of the annual operating expenses of PenCom based on the funding formula in Exhibit A. Annual contributions will be adjusted in the first quarter of each subsequent year to reconcile any overpayment or underpayment by any individual user agency for the previous year H. In the event a budget shortfall occurs due to an emergency or other unforeseen or extraordinary expenditure, and upon recommendation of the Board, the City may assess each user an additional amount, based on the above computation of [mancial contributions, subject to the approval of all of the Member's legislative bodies. 5 VII. FACILITY. A. The City shall provide the facility and space for the PenCom. If located in existing City buildings, the City shall not charge Members for the use of the space. lX. EQUIPMENT. A. Reliable communications equipment is essential to successful emergency dispatch and public safety communications. Each Member and the City will be responsible for purchasing, installing, maintaining and repairing its own communications equipment and shall retain all rights to such equipment. New equipment purchased by Members shall be compatible with the overall communications scheme established by the Olympic Public Safety Communications Alliance Network (hereinafter referred to as OPS-CAN), an alliance formed for tht:; purpose of managing the region's radio systems. PenCom and Members may collectively or individually be represented on OPS-CAN's governance committee. Each Member, while retaining its ownership or licenses, agrees to permit use and operational control of the Member's frequencies by PenCom. Each Member shaH be responsible for renewing the Member's radio licenses at the end ofthe license periods and to maintain base radio stations, repeaters and other radio support equipment outside PenCom's facility in a manner which is compatible with PenCom's equipment. Failure to adequately maintain such equipment shall subjec~ the Member to expulsion from PenCom by a majority vote of the Members. B. The cost oftelephone lines, fiber optics, radio or-microwave links or other ,; methods of communication between PenCom and the various radio or computer equipment owned or operated by a Member's personnel, or for the purpose of controlling or using such facilities, shall be the sole responsibility of the Member. C. Members will maintain an emergency power source for their communication~, equipment which shall be capable of at least 8 hours of sustained operation without commercial power. Such emergency power source shall be capable of sensing a commercial power failure and automatically starting and/or transfering said equipment to the emergency power source. D. All assets purchased by PenCom shall be held in the name of the City for the benefit of Pen Com. The City of Port Angeles shall be responsible for the maintenance of all such equipment in good repair, normal wear and tear excepted. X. COMPUTER SERVICES. A. The City shall provide for the development and utilization of computerized dispatch and records management systems to provide information to Members contracting for such services. Entry of information and retrieval of data to and from the system shall be the responsibility of the Member having such capability, except for that data captured during the dispatch process. Each Member shall be responsible for maintaining its own records, reports and security., 6 .. B. The City shall provide for the entry and maintenance of warrants and domestic violence records, including but not limited to timely and accurate database entry, recording of service, recall and other activity, and maintenance and auditing of paper files for local, state, and national systems. c. Clallam County (hereinafter referred to as "County") shall provide normal hardware maintenance ofthe computer processing unit (CPU) and operating systems for as long as PenCom operates its computer aided dispatch and/or records management software on an IBM I-Series platform. Such maintenance shall include but not be limited to IPL' s, file backup, device configuration maintenance, operating system upgrade installation, assistance with installation of application software, etc. Costs of labor associated with routine maintenance and operating systems may be charged to the Enhanced 911 fund at up to 30 hours per month. Costs of software, hardware, maintenance contracts, or cost of County personnel time beyond normal working hours shall be paid either as shared costs as specified in Exhibit A, from 9- 1-1 ,funds, or as otherwise determined by the Board. D. Accurate and timely information in law enforcement computer systems is vital to the mission of law enforcement. Each law enforcement Member agrees to comply with all applicable provisions of the ACCESS User Acknowledgement in Exhibit B. XI. KEY OFFICIALS The personnel specified in this Agreement are considered to be essential to ensure maximum coordination and communications between the parties and the work being performed hereunder. Any party, on notice to all other parties, may designate another person or a person to act in hislher place, in an emergency or otherwise. The key officials for the City and Members are designated in Exhibit C. XII. INSURANCE AND LIABILITIES. PenCom will maintain property insurance and liability coverage as an entity independent from the City, the cost of which will be an operating expense of PenCom. Except for liability that is subject to immunity as provided by Ch. 38.52 RCW or the Federal Tort Claims Act, as amended (28 USC 1346,2671-2680), each party agrees to defend, indemnifY, and hold the other harmless from any claims directly resulting from such party's sole negligence and from actions or omissions that are solely attributable to any employee, official or agency of such party. XIII. DISPUTES BETWEEN PARTIES. Should a dispute arise between the City and any Member, the parties may resolve the same by submitting the dispute to non-binding mediation. The mediator shall be selected by mutual agreement of the parties, and the costs of mediation shall be shared equally between the parties. 7 Should the parties be unable to negotiate a resolution or refuse to accept a mediated resolution to a dispute, then the parties agree that the venue of any legal action shall be the Clallam County Superior Court. 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, as determined by the appropriate court. XlV. MODIFICATIONS. This Agreement may only be modified in the form of amendments in writing by mutual agreement by the City and all Members. Written requests for modification will be forwarded to the Board by written notice at least sixty (60) days prior to the proposed date of such modification. The Board will review and provide a recommendation to the City regarding the incorporation of the proposed amendment to this Agreement. xv. PRIOR AGREEMENTS. This Agreement, upon its effective date, supersedes the previous PenCom Dispatch and Computer Records Service Agreements. XVI. 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 in the invalidity of any part shall not affect the remainder of the Agreement. XVII. EXHIBITS. A. Exhibit A - Peninsula Communications Funding Formula B. Exhibit B - ACCESS User Agreement C. Exhibit C - Key Officials 8 SUBSCRIBED by the appropriate officers who are duly authorized to execute this Agreement on behalf of the governing bodies of the below-named governmental entities. CITY OF PORT ANGELES: Dated this , 200d ill, , Mayor, City of Port Angeles &~~ VptnA_ ,City Clerk ~VED AS TO FORM ~ () /~L City Atto1Rey ': '- , " CLALLAM COUNTY: Dated this ..ftnf'h day of fdJ 'ua/lj ,200.:1. f~'Wl3wotr Chair, Clal!~m County oard of Commissioners ~. -' .. Deputy Prosecutor CITY OF SEQUIM: Dated this dn d day of /1)/1 ~ c./---J LU~k "Z-h-Q~ Mayor, City of Sequim ,200! ~~ City lerk APPROVEfu FORM ~ C1 ,( City Attorney , 9 CLALLAM COUNTY RURAL FIRE PROTECTION DISTRICT 2: Dated this qr!!i day of7J14~ ,20w! APPROVED AS TO FORM -:: Attorney for the District ~~~~ Commissioner CLALLAM COUNTY RURAL FIRE PROTECTION DISTRICT 3: day of ~ 13/Z-tA. A (2..1 ,200}j APPROVED AS TO FORM Attorney for the District CLALLAM COUNTY RURAL FIRE PROTECTION DISTRICT 4: Dated this C:?V;t#) day of /114~ ,200$ 7 r,~~ 7~ ommlSSlOner .w~9-- 02b~ ,1/g~Q] ~a / Co issLontr / i Commissioner , I/~ v- APPROVED AS TO FORM Attorney for the District 10 CLALLAM COUNTY RURAL FIRE PROTECTION DISTRICT 5: Dated this f day of .;::- .e 13' ,.. , 200 ~ ( ~~~ APPROVED AS TO FORM Attorney for the District LOWER ELWHA KLALLAM TRIBE: , Dated this ..;:) fa day of Cff'~ ~&~ ChaiIperson ,200~ APPROVED AS TO FORM Chief Financial Officer Tribal Attorney QUILEUTE TRIBE: Dated this ~ (; vi-! day of , 200--=1 APPROVED AS TO FORM Chief Financial Officer Tribal Attorney 11 .. NATIONAL PARK SERVICE: Dated this /)., day of APA,I L- ,200!{ 4rJ," Jl ~o.--.J__ Sandra Thomas Contracting Officer National Park Service 12 EXHIBIT A PenCom Funding Formula PenCom's overall budget is determined by the goals of the strategic plan and budget figures supplied by the City's Finance Department. "Calls for Service" is defmed as any incident resulting in one or more emergency services units being dispatched and/or a report or event number being generated. The communications manager may adjust agency totals where calls for service are assigned differently between agencies. It is the goal of Pen Com to maintain a uniform call for service counting method among the Member agencies. Call for Service counts are obtained from the New World Systems software. "Percentage of Use" is established by determining the total number of calls for service and their respective percentage of the total for each of the two major functions performed by PenCom; (1) law enforcement and (2) fue and emergency medical dispatch. The fire agencies' share of the budget is based on medical calls for service as provided by the New World Systems software multiplied by 1.5 and divided by the total calls for service for both fue and medical calls to detennine the average weight of each fue call for service overall. The total fue calls for service is then multiplied by the average weight and divided by the overall total of police and fire calls for service to determine fue agencies' percentage of the budget. The overall police share of the budget is the budget funded by Members minus the fue agencies' share. 9-1-1 excise tax revenues and emergency communications sales and use tax revenues that are used for funding operational costs, anticipated grant funding, and Lower Elwha Tribal Police, Quileute Tribal Police and Olympic National Park service fees are subtracted from the total projected budget. Lower Elwha Tribal Police and Quileute Tribal Police service fees are solely based on the number of full time, sworn officers. Olympic Natlonal Park's fee is charged at the same rate as the lowest paying law enforcement Member. The balance of the budget is allocated to the major functions as foHows' FIRE: Percentages of use for individual fue members are determined by taking the total calls for service for each fue member and dividing it by the total fue calls for all fire members. These figures are used to allocate each Member's share of the overall fue share of the budget. LAW ENFORCEMENT: The number of full time sworn officers for each Member is multiplied by $2,000 for a base amount. These numbers are then totaled and subtracted from the police share of the overall budget. TIiat total is then divided fwther based on the percentage of calls for service for those agencies that use PenCom's full services, including the records management system. The base amowlt is added to the percentage amowlt for a grand total for each Member. .- EXHIBIT B . . . IDT ACCESSI'N ACIC/N CIC USER ACKNOWLEDGMENT L Introduction Since its inception, the National Crime linformation Center (NCIC) has operated under a shared management concept between the FBI and state users. The NCIC Advisory Policy Board established a goal of having a single state agency in each state assume responsibility as the NCIC Control Terminal Agency (CTA) for the state, through and by which NCIC users in that state would access NCIC. The CT A IS responsible for the planning of necessary hardware. software. funding, and training all authorized agencies within the state for complete access to NCIC data services. The Board approved the CTA concept in order to unify responsibility for system user diSCIpline, and adherence to system procedures and policies within each state. The CT A also serves as a central point In its state for handling record validations. quality control matters, dissemInation of manuals and other publications. security matters, user training, audits. and any other problems concerning system use that may arise. The responsibilities of the Control Terminal Officer (CTO) are detailed In several documents related to the ACCESS/VVACIC/NCIC system. This agreement outlines the varied responsibilities of a CTO as they pertain to the NCIC system. FBI NCIC responsibilities under this shared management concept Includes provision of: o Operational, technical, and investigative assistance to NCIC users; Telecommunications lines to a state Interface; Legal and Legislative review of matters pertaining to NCIC; ACCESSfW ACIC/NCIC USER ACKNOWLEDGEMENT Timely information on all NCIC aspects of system usage by means of theNCIC Operating Manual, Technical and Operational Updates. and related documents: · Staff research assistance; · Training and training materials to the control terminal agencies. The following documents are incorporated by reference and made part of this user acknowledgment: WACIC Manual; ACCESS Manual; NCIC Computerized Criminal History (CCH) Program Background, Concept and Policy, as amended or superseded by implementation of the Interstate Identification Index (III) Program; code of Federal Regulations, Title 28, Part 20; NCIC Standards as recommended by the NCIC Advisory Policy board and approved by the FBI Director; applicable federal and state laws and regulations:. ACCESSfWACIC rules, regulation, and policies as recommend by the AdVisory CounCil on Cnminal Justice Services. II. DEFINITIONS "Control Terminal Agency (CT A)" In Washington, the CT A is the Washington State Patrol "NCIC Control Terminal Officer (CTO)" The NCIC CTO is the Commander of the Washington State Patrol's Criminal Records Division. The CTO and his agency will be responsible for monitoring system use, enforcing system discipline. and assunng ACCESS. WACIC, and NCIC operating procedures are followed by all users of the respective telecommunications lines, as well as other related duties as outlined by thiS document. "Terminal Agency Coordinator (TAC)" A TAC shall be appointed at each terminal location and be Levell! certified. The T AC shall be responsible for ensuring his/her agency is in compliance With state and NCIC policies and regulations. Including validation requirements. , ..- ~. ,~1~M; " ,~~ ACCESSNV ACIC/NCIC USER ACKNOWLEDGEMENT "Timeliness" WACIC/NCIC records must be entered promptly to ensure maximum system effectiveness. A timely entry in the Wanted Person File is made immediately once: 1. The decision to arrest or authorize arrest has been made; and 2. The terms of extradition have been established. The date of want or warrant must be the date on which all those decisions were made. '\-.! "'''A timely removal from the file means an immediate clearing of the record once . 'the originating agency has documentation the fugitive has been arrested or IS no longer wanted. Timely system inquiry means initiation of the transaction before an officer releases a subject or begins writing an arrest or citation document of any kind; inquiry prior to the release of a person who has been incarcerated; or inquiry upon those who appear at a custodial facility to visit inmates. Timeliness of entry/modification In the Missing Person File is generally the same as in the Wanted Person File. Timely entry/modification of vehicle, license plate. and vehicle part data matches the wanted person standard. less the extradition considerations. Entry should be made as soon as a cross-check of the Department of Licensing's Registration File has been completed. Timely entry of gun, article, and securities information means within a few hours of the time complete information is available. "Validation" Validation (vehicles. plates, fugitives, missing person entries) obliges the ORI to confirm the record is complete, accurate, and still outstanding or active. Validation procedures are defined in Section IV-C of this agreement. 3 ACCESSIWACIC/NCIC USER ACKNOWLEDGEMENT "Completeness" Complete records of any kind include all information available on the person or property at the time of entry. The validation process should included a review of whether additional information has become available (missing from original entry) that could be added. Complete inquiries on persons include numbers that could be indexed in the record (Le., Social Secunty. passport, VIN, license plates. driver's license, etc.). Inquiries should be made on all names/aliases used by the suspect. Complete vehicle Inquiries Include VIN and license plate numbers. "Accuracy" " The accuracy of WACIC/NCIC data must be double-checked by a second party. The venfication should Include assunng the data in the W ACIC/NCIC record . matches the data In the Investigative report and that other checks (VIN/lincence numbers) were made. AgenCies lacking support staff for this cross-checking should require the case officer to check the record, as he/she carnes primary responsibility for seeking the fugitive or the stolen property. III. OPERATIONAL RESPONSIBILITIES To ensure the proper operation of WACIC/NCIC, the standards, procedures, formats. and criteria. as contained in ACCESS/WACIC operating manuals, will be followed. A specific operational situation IS: Hit Confirmation Policy The agency that obtains a hit has the ability to designate to the entering agency one of two priorities for confirmation. PRIORITY 1: URGENT Confirm the hit within 10 minutes. In those instances where the hit is the only basis for detaining a suspect or the nature of a case requires urgent confirmation of a hit, the highest level of priority should be specified. ' Each agency must. within 10 minutes, furnish to an agency requesting a record confirmation, a response indicating a positive or negative confirmation or a 4 .... . " ACCESSNVACIC/NCIC USER ACKNOWLEDGEMENT notice of a specific amount of time necessary to provide a response to the request for record confirmation. PRIORITY 2: ROUTINE .,:" Confirm the hit within one hour. Generally, this priority will be used when the person is being held on local charges, property has been located under ,'4 circumstances where immediate action is not necessary, or an urgent confirmation is not required. Each agency must within one hour, furnish to an agency requesting a record confirmation, a response indicating a positive or negative confirmation or a notice of a specific amount of time necessary to provide a response to the request for record confirmation. " ': An agency requesting confirmation which fails to receive a response to the' first " request shall generate a second request with a copy to the CTO. The CTO will institute appropriate action to ensure proper response to a hit confirmation " request and to comply to system standards. This appropriate action may include . 'J canceling the record by the CT A. IV. QUALITY ASSURANCE RESPONSIBILITIES A. Introduction Criminal justice agencies have a specific duty to maintain records that are accurate, complete, and up-to-date. The CTA will ensure there are standards for security, audits, and personnel training; which would allow the dissemination of accurate and up-to-date records. B. Record Quality Errors discovered in WACIC/NCIC records are classified as serious errors, form errors, or an error trend. (1) Serious errors: WACIC/NCIC will advise the ORI via teletype message of an apparently erroneous record and request it be verified, changed, or canceled within 24 hours. The record will be canceled if neither a response is received nor corrective action has been taken during the allotted time. 5 " . ACCESS/WACIC/NCIC USER ACKNOWLEDGEMENT (2) Form errors or error trends: the CT A will notify the ORI by letter of the corrective action to be taken. No further notification or action will be taken by the CTA. C. Record Validation WACIC/NCIC periodically prepares listings of records on file for validation purposes. Validation listings are prepared pursuant to a schedule. as published in the WACIC Operating Manual. These listings are mailed to the originating agency. Validation obliges the ORI to confirm the record is complete, accurate. and still outstanding or active. Validation is accomplished by reviewing the original entry and current supporting documents, and by recent . consultation with any appropriate complainant. victim, prosecutor, court, motor vehicle .registry files, or other appropnate source or Individual. In the event the ORI is unsuccessful In its attempts to contact the victim, . complainant, etc., the entering authority must make a determination based on the best information and knowledge available whether or not to retain the onginal entry in the file. Validation procedures must be formalized and copies of these procedures must be on file for review during an NCIC/ACCESS audit. Each agency will receive a letter explaining what records are contained in the validation and general procedures for validating the records. A "REPLY REQUIRED" letter is included for the agency to certify the records have been validated. Validation certification means: (1) the records contained on the validation listing have been reviewed by the orrginating agencies; (2) the records which are no longer current have been removed from WACIC/NCIC and all records remaining in the system are valid and active; (3) all records contain all available information; and (4) the information contained in each of the records is current and accurate, including appropriate extradition information. If the CT A has not received a certification response from an agency within the specified period of time, the CTA will purge from WACIC/NCIC all records which are the subject of that agency's validation listings. (NOTE: If a CTA fails to certify any validation listing to the NCIC within the 6 ,'i' ;'- ACCESSNVACIC/NCIC USER ACKNOWLEDGEMENT ~, specified time. all invalidated records from that state will be purged by the NCIC.) v. SECURITY RESPONSIBILITIES A. General .-'} -.... Security guidelines, relating to WASIS and NCIC III criminal history record information, are set forth in the NCIC Computerized Criminal History Program Background's Concept and Policy as superseded by the III program, in Title 28; Code of Federal Regulation. Part 20, Subparts A and C; and by state statute in RCW 10.97 and Washington's Administrative Code. chapter 446-20. .~ [; ~>~ t .-_ All agencies participating in the ACCESS system must comply with -and enforce system security. 1- ~ - :!~ '" ,~~>!" . '<, " f ~\. , B. Originating Agency Identifier (ORI) -7 The assignment of an ORI to an agency is not a guarantee of access to the systems. The ultimate decision regarding who may access WACIC/NCIC lies with the CTA. The CTO will coordinate the assignment of new ORI numbers. the change in ORllocation or address. any other changes. cancellations, or retirements of ORis accessing WACIC/NCIC. The agency shall notify the CTO of any such changes. Application for assignment of new ORis shall be made directly to the CTO. Such application shall contain documentation of the agency's statutory authority as a criminal justice agency and a statement that indicates the agency allocates more than 50 percent of its annual budget to the administration of criminal justice. Noncriminal justice agencies will be denied an ORI, unless under management control of a criminal justice agency, a copy of the management control agreement must be submitted to the CTO. 7 ACCESS/W ACIC/NCIC USER ACKNOWLEDGEMENT VI. COMPUTERIZED CRIMINAL HISTORY RECORD INFORMATION RESPONSIBILITIES A. Each agency shall conform with system policies, as established by the ACCESSIWACIC manuals, before access to criminal history record information is permitted. This will allow for control over the data and give assurance of system security. B. The CTA is responsible for the security throughout the system it services, including all places where terminal devices are located. Upon determination that a terminal is in non-conformance with system management or security policy, the CTA has the authority to Impose sanctions. including termination of service. C. The rules and procedures governing direct terminal access to criminal history record information shall apply equally to all partIcipants In the system. D. All criminal justice agencies having direct access to computenzed CHRI data from the system shall permIt an NCIC or WACIC audit team to conduct appropnate inquines with regard to any allegatIons of security violations. Agencies must cooperate with these audits and respond promptly. E. All computers and manual terminals interfaced directly with the ACCESSIWACIC/NCIC systems for the exchange of cnminal history record information must be under the management control of a criminal justice agency, as defined by the NCIC CCH background and policy document. F. Each agency shall have In place a system for logging all inqUiries of the III, which log shall include the name of the individual within the cnminal justice agency to whom the response is given. These logs shall be maintained for at least 12 months from the date of inquiry and must be available to assist in the State or National audit program. G. Each agency receiving an III response shall record any secondary dissemination. These logs shall be maintained for at least 12 months from the date of inquiry. ~ .. ACCESSNJ ACIC/NCIC USER ACKNOWLEDGEMENT ''''- :;- Agencies must institute a program of systematic self-audits as a means of guaranteeing the completeness and accuracy of the information in the system. These self-audits should be on a continual basis to ensure both quality assurance and compliance with standards. Compliance audits will cover the following areas of the III. WACIC/NCIC stolen property, and person records: Accuracy All WACIC/NCIC entries shall contain no erroneous data. Completeness '; All information contained in a WACIC/NCIC entry or in a criminal history record sha'lI contain the most pertinent information available. ': ~:;, ,~ 'I ., Timeliness " ^ All entries, modifications. updates, and removals of information shall be completed, processed, and transmItted as soon as possible. in accordance wIth established standards. Locates All wanted/missing persons, and property records, which are apprehended or recovered. shall be promptly placed in "located" status. except those located outside of the stated area of extradition or return. Security It is the responsibility of an agency to protect its information against unauthorized access, ensuring confidentiality of the information In accordance with laws, policies, regulations. and established standards. Dissemination All information released shall be in accordance With applicable laws and regulations. and a record of dissemination of criminal history records shall be maintained for one year and made available for NCICNJACIC audit review. 9 .. ~ ACCESS/WACIC/NCIC USER ACKNOWLEDGEMENT VII. ADMINISTRATIVE RESPONSIBILITIES A. The agency shall respond to requests for information by the FBI NCIC or WACIC in the form of questionnaires, surveys, or similar methods. to the maximum extent possible, consistent with any fiscal, time, or personnel constraints of that agency. B. The CTO shall offer system training to agencIes accessing WACIC/NCIC through the state computer. Agencies shall assign appropriate employees to attend classes When offered. If employees are using inquIry only functions, they must attend Levell certification training. Employees entering information into the NCIC/WACIC system and Terminal Agency Coordinators (TAC) must attend Levell! certification training. All certifications must be renewed biennially. C. The,CTO will distribute, within the state criminal justice community, the ACCESS/WACIC manuals, NCIC Code Manuals, and as requested, miscellaneous publications in order to enhance effective use of the WACIC/NCIC system. The agency shall incorporate such changes upon receipt. 10 ., . ., ACCESSIWACIC/NCIC USER ACKNOWLEDGEMENT ACKNOWLEDGMENT (-;, , r ".; " As ah agency head/director serving in the ACCESSIWACIC/NCIC system, I hereby ackn'owledge the duties and responsibilities as set out in this document, as well as those documents incorporated by reference. I acknowledge that these duties and responsibilities have been developed to ensure the reliability, confidentiality, completeness, and accuracy of all records contained in or obtained by means of the W ACIC/NCIC system. I also acknowledge that a failure to comply with these duties and responsibilities will subject my agency to various sanctions. These sanctions may include the termination of ACCESSIWACIC/NCIC services to my agency. ',fl' J " Qft-?HC--A! ~. :::LL/L Agency Head (Please Pnnt) AgenCYH~~ Q~ <;:b/C'7'" /J,u~eus ~L/CE "'J)e-P'/ Agency Name "f-s-'77 Date II . .-..... EXHIBIT C Key Officials NAOMI RIGGINS Communications Manager Port Angeles Police Department 321 East 5th Street Port Angeles, W A 98362 360-417-4911 360-417-4556 fax E-Mail: nrig~ins@citvofoa.us SHERIFF JOE MARTIN Clallam County Sheriff's Office 223 East 4th Street, Suite 12 Port Angeles, W A 98362 360-417-2464 E-Mail: imartin@co.clallam.wa.us CHIEF JON C. BUGHER CCRFP District #2 P. O. Box 1391 Port Angeles, W A 98362 360-452-7725 360-452-9235 Fax E-Mail: ccfd2@olvpen.com CHIEF MIKE LASNIER Lower Elwha Tribal Police Department 2851 Lower Elwha Road Port Angeles, W A 98363 360-452-8471, ext. 117 E-Mail: lasnier@elwha.nsn.us CHIEF STEVE VOGEL CCRFP District #3 323 North 5th Avenue Sequim, W A 98382 360-683-4242, ext. 14 E-Mail: svol;!el@clallamfire3.org SANDRA mOMAS Contracting Officer Olympic National Park Headquarters 600 East Park Port Angeles, W A 98362 360-452-4501 CHIEF DAVE CHASTAIN CCRFP District #4 P. O. Box 106 Joyce, W A 98343 360-928-3132 CHIEF TOM RIEPE Port Angeles Police Department 321 East 5th Street Port Angeles, W A 98362 360-417-4901 360-417-4556 fax E-mail: triepe@cityofpa.gov GLEN McDANIEL CCRFP District #5 P. O. Box 530 Clallam Bay, W A 98326 360-963-2558 E-mail: masonag@centurvtel.net CHIEF DAN McKEEN Port Angeles Fire Department 102 East 5th Street Port Angeles, W A 98362 360-417-4655 360-417-4659 fax E-Mail: dmckeen@citvofoa.us CHIEF JENNIFER ROm La Push Police Department P. O. Box 248 La Push, W A 98350 360-374-9020 E-Mail: lapushpd@olypen.com CHIEF KEN BURGE Sequim Police Department 609 West Washington, Suite 16 Sequim, W A 98382-3291 360-683-7227 360-683-4556 fax E-Mail: kburl;!e@co.clallam.wa.us Purchase Order no.P16PX00784,Attachment 01 —Terms and Conditions(03/14/2016) SECTION B— SUPPLIES OR SERVICES AND PRICES B.1 Price Schedule Prices for the base year and four option years were awarded as firm-fixed prices at time of award, based on the Memorandum of Understanding which established the process by which Olympic National Park's annual share for receiving PENCOM service is calculated. Should the City of Port Angeles, PENCOM, decide to increase Olympic National Park's annual share for service, they shall notify the Contracting Officer in writing, and in advance of the effective period for the increase. As long as the method of determining the increase followed the procedures outlined in the Memorandum of Understanding, including Addendum 1, the Contracting Officer will equitably adjust the contract to incorporate the new annual share via a contract modification. The modification will be issued in accordance with contract clause 52.243-01, Changes —Fixed Price, Alternate III, and shall require signature of both parties. The Government will continue to make quarterly invoice payments at the beginning of each quarter; however, if service stops within the quarterly period in which payment was made, the Government shall be reimbursed for services not performed. Each fiscal year is comprised of four quarters. Each quarter is three months. Quarterly periods are based on the Government's fiscal year, not calendar year. Pricing per fiscal year is as follows: BASE YEAR (Fiscal Year 2016): $34,000 ($8,500 per quarter) Fiscal Year 2016 Performance Period: 10/01/2015 —09/30/2016 Quarter 1: October 1, 2015 —December 31, 2015 Quarter 2: January 1, 2016 —March 31, 2016 Quarter 3: April 1, 2016 —June 30, 2016 Quarter 4: July 1, 2016 — September 30, 2016 (sve note ria Section H,3, helOG,I) OPTION YEAR ONE(Fiscal Year 2017): $34,000 ($8,500 per quarter) Fiscal Year 2017 Performance Period: 10/01/2016 -09/30/2017 Quarter 1: October 1, 2016 —December 31, 2016 Quarter 2: January 1, 2017 —March 31, 2017 Quarter 3: April 1, 2017 —June 30, 2017 Quarter 4: July 1, 2017 — September 30, 2017 OPTION YEAR TWO (Fiscal Year 2018): $34,000 ($8,500 per quarter) Fiscal Year 2018 Performance Period: 10/01/2017 -09/30/2018 Quarter 1: October 1, 2017 —December 31, 2017 Quarter 2: January 1, 2018 —March 31, 2018 Quarter 3: April 1, 2018 —June 30, 2018 Quarter 4: July 1, 2018 — September 30, 2018 1 Purchase Order no.P16PX00784,Attachment 01 —Terms and Conditions(03/14/2016) OPTION YEAR THREE (Fiscal Year 2019): $34,000 ($8,500 per quarter) Fiscal Year 2019 Performance Period: 10/01/2018 -09/30/2019 Quarter 1: October 1, 2018 —December 31, 2018 Quarter 2: January 1, 2019 —March 31, 2019 Quarter 3: April 1, 2019 —June 30, 2019 Quarter 4: July 1, 2019 — September 30, 2019 OPTION YEAR FOUR (Fiscal Year 2020): $34,000 ($8,500 per quarter) Fiscal Year 2020 Performance Period: 10/01/2019 -09/30/2020 Quarter 1: October 1, 2019 —December 31, 2019 Quarter 2: January 1, 2020 —March 31, 2020 Quarter 3: April 1, 2020 —June 30, 2020 Quarter 4: July 1, 2020 — September 30, 2020 (s,ee note ria Section H,2, het"ml) SECTION C—DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK (Left blank intentionally) SECTION D—PACKAGING AND MARKING (Left blank intentionally) SECTION E—INSPECTION AND ACCEPTANCE Olympic National Park's Dispatch Office (Incident Communications Center) as supervised by the Chief Ranger will be responsible for reviewing quarterly invoices and ensuring that services incurred on the quarterly invoices is commensurate with services performed/received. 2 Purchase Order no.P16PX00784,Attachment 01 —Terms and Conditions(03/14/2016) SECTION G— CONTRACT ADMINISTRATION G.1 POINTS OF CONTACT Phaedra Fuller, Contracting Officer, Olympic National Park 600 E Park Ave, Port Angeles, WA 98362 Office: 360-565-3009 /Email: Phaedra—Fuller@nps.gov Olympic National Park's Dispatch Office (Incident/Communications Center) Supervisor, 600 E Park Ave, Port Angeles, WA 98362 Office: 360-565-3115 /Email: Kevin_Watson@nps.gov Kevin will be your point of contact for day-to-day operations/reviewing invoices for approval of payment, for the Chief Ranger. Clair Kirkman, Procurement Technician, Olympic National Park 600 E Park Ave, Port Angeles, WA 98362 Office: 360-565-3021 /Email: Clair_Kirkman@nps.gov Clair will be your point of contact for invoices and payments. Reminder-- Only the contracting officer or otherwise appointed Administrative Contracting Officer can authorize a change to this contract. G.2 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS -Invoice Processing Platform (IPP) (April 2013) Payment requests must be submitted electronically through the U. S. Department of the Treasury's Invoice Processing Platform System (IPP). "Payment request" means any request for contract financing payment or invoice payment by the Contractor. To constitute a proper invoice, the payment request must comply with the requirements identified in the applicable Prompt Payment clause included in the contract, or the clause 52.212-4 Contract Terms and Conditions - Commercial Items included in commercial item contracts. The IPP website address is: https://www.ipp.gov. 3 Purchase Order no.P16PX00784,Attachment 01 —Terms and Conditions(03/14/2016) Under this contract, the following documents are required to be submitted as an attachment to the IPP invoice: Vendor's business invoice (upload your business invoice as an attachment to the IPP invoice before you click "submit"in IPP). Vendor's failure to attach the required documentation will result in the IPP invoice being rejected. NOTE: Content of a proper invoice shall include the following, in accordance with Federal Acquisition Regulation 32.9—Prompt Payment. (a) Name and address of the contractor. (b) Invoice date and invoice number (Contractors should date invoices as close as possible to the date of mailing or transmission). (c) Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number). (d) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed. (e) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading. (fi Name and address of contractor official to whom payment is to be sent(must be the same as that in the contract or in a proper notice of assignment).(g)Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice. The Contractor must use the IPP website to register, access and use IPP for submitting requests for payment. The Contractor Government Business Point of Contact (as listed in SAM)will receive enrollment instructions via email from the Federal Reserve Bank of Boston (FRBB)prior to the contract award date, but no more than 3 - 5 business days of the contract award date. Contractor assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131. If the Contractor is unable to comply with the requirement to use IPP for submitting invoices for payment, the Contractor must submit a waiver request in writing to the Contracting Officer with its proposal or quotation. 4 Purchase Order no.P16PX00784,Attachment 01 —Terms and Conditions(03/14/2016) SECTION H— SPECIAL CONTRACT REQUIREMENTS H.I COLLECTIVE BARGAINING AGREEMENT Dept. of Labor Service Contract Act Wage Determination no. 05-2559 (Revision 20 dated 1/5/16)is not applicable to this contract because the City of Port Angeles (PENCOM)has a Collective Bargaining Agreement(CBA) in place, "Teamsters Union Local 9589, Communications & Support Unit." This CBA is incorporated into this contract as Attachment no. 2. This CBA is dated through 12/31/2015, and is currently under negotiation for 2016. At time of exercising an option year under this contract, the most recent version of this CBA will be incorporated into the contract as a separate attachment to which the attachment number will be referenced on the Standard Form 30 (modification form). H.2 NOTE REGARDIGN CLAUSE 52.217-08, OPTION TO EXEND SERVICES The clause in Section L3 below states "The Government may require continued performance ... total extension of performance hereunder shall not exceed 6 months." This means that at the end of the fourth option year,within 60 calendar days prior to September 30"', the Contracting Officer may need to extend the completion date up to six months past September 30"', to allow time for the Government to transition between fiscal years and to prepare for issuance of a new contract that would be for continuation of these same services but starting anew,with a new base year plus four option year contract. The six month extension will protect both parties because services will be able to continue un-interrupted, and the extension allows the government to continue payment of quarterly invoices such that there will not be invoices unpaid or accumulating in arrears for services performed in that six month extension period. H.3 NOTE REGARDING CLAUSE 52.217-09, OPTION TO EXTEND THE TERM OF THE CONTRACT The clause in Section L4 below states "The Government may extend the term of this contract by written notice to the Contractor within 60 calendar days... " Because each year of the contract will end September 30"'and the Government's new fiscal year goes into effect each October ls`, the 60 day period referenced in this clause means the Government has 60 calendar days into the new fiscal year to exercise the option which will extend the term of the contract for another 12 months from October Is` The NPS acquisition and finance systems goes into an annual "black-out"period of about three to four weeks from late September to mid to late October, and option year awards are typically delayed to late October/early November for executing modifications and obligating funds. The Contracting Office r will issue a letter to the City of Port Angeles by September Is`,notifying the City that Olympic National Park intends to exercise the next option year period. That letter of intent is the promise that the contract will be modified as soon as possible after the annual acquisition/finance system "black-out"period. The intent is that the modification will be signed in the first quarter, within 60 calendar days from October Is`, such that the option year funds will be obligated prior to when the first quarter invoice is due. 5 Purchase Order no.P16PX00784,Attachment 01 –Terms and Conditions(03/14/2016) SECTION I -- CONTRACT CLAUSES Ll 52.213-04,Terms and Conditions—Simplified Acquisitions (Other Than Commercial Items) (Feb 2016) (a)The Contractor shall comply with the following Federal Acquisition Regulation(FAR)clauses that are incorporated by reference: (1)The clauses listed below implement provisions of law or Executive order: (i)52.222-3,Convict Labor(Jun 2003)(E.O. 11755). (ii)52.222-21,Prohibition of Segregated Facilities(Apr 2015). (iii)52.222-26,Equal Opportunity(Apr 2015)(E.O. 11246). (iv)52.225-13,Restrictions on Certain Foreign Purchases(Jun 2008)(E.O.s,proclamations,and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). (v)52.233-3,Protest After Award(Aug 1996)(31 U.S.C.3553). (vi)52.233-4,Applicable Law for Breach of Contract Claim(OCT 2004)(Pub.L. 108-77, 108-78(19 U.S.C.3805 note)). (2)Listed below are additional clauses that apply: (i)52.232-1,Payments(Apr 1984). (ii)52.232-8,Discounts for Prompt Payment(Feb 2002). (iii)52.232-11,Extras(Apr 1984). (iv)52.232-25,Prompt Payment(Jul 2013). (v)52.232-39,Unenforceability of Unauthorized Obligations(Jun 2013). (vi)52.232-40,Providing Accelerated Payments to Small Business Subcontractors(Dec 2013) (vii)52.233-1,Disputes(May 2014). (viii)52.244-6, Subcontracts for Commercial Items(Feb 2016). (ix)52.253-1,Computer Generated Forms(Jan 1991). (b)The Contractor shall comply with the following FAR clauses,incorporated by reference,unless the circumstances do not apply: (1)The clauses listed below implement provisions of law or Executive order: (i)52.204-10,Reporting Executive Compensation and First-Tier Subcontract Awards(OCT 2015)(Pub.L. 109-282)(31 U.S.C. 6101 note)(Applies to contracts valued at$30,000 or more). (ii)52.222-19,Child Labor—Cooperation with Authorities and Remedies(Feb 2016)(E.O. 13126) (Applies to contracts for supplies exceeding the micro-purchase threshold.) (iii)52.222-20,Contracts for Materials, Supplies,Articles,and Equipment Exceeding$15,000(May 2014) (41 U.S.C.chapter 65)(Applies to supply contracts over$15,000 in the United States,Puerto Rico,or the U.S.Virgin Islands). (iv)52.222-35,Equal Opportunity for Veterans(Oct 2015)(38 U.S.C.4212)(applies to contracts of $150,000 or more). (v)52.222-36,Equal Employment for Workers with Disabilities(Jul 2014)(29 U.S.C. 793)(Applies to contracts over$15,000,unless the work is to be performed outside the United States by employees recruited outside the United States.) (For purposes of this clause, "United States"includes the 50 States,the District of Columbia,Puerto Rico,the Northern Mariana Islands,American Samoa,Guam,the U.S.Virgin Islands,and Wake Island.) (vi)52.222-37,Employment Reports on Veterans(Feb 2016)(38 U.S.C.4212)(Applies to contracts of $150,000 or more). (vii)52.222-41, Service Contract Labor Standards(May 2014)(41 U.S.C.chapter 67)(Applies to service contracts over$2,500 that are subject to the Service Contract Labor Standards statute and will be performed in the United States,District of Columbia,Puerto Rico,the Northern Mariana Islands,American Samoa, Guam,the U.S.Virgin Islands,Johnston Island,Wake Island,or the outer Continental Shelf). (viii)(A)52.222-50,Combating Trafficking in Persons(Mar 2015)(22 U.S.C.chapter 78 and E.0 13627) (Applies to all solicitations and contracts). (B)Alternate I(Mar 2015)(Applies if the Contracting Officer has filled in the following information with regard to applicable directives or notices:Document title(s),source for obtaining document(s),and contract performance location outside the United States to which the document applies). 6 Purchase Order no.P16PX00784,Attachment 01 –Terms and Conditions(03/14/2016) (ix)52.222-55,Minimum Wages Under Executive Order 13658(Dec 2015)(Executive Order 13658) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States(the 50 States and the District of Columbia)). (x)52.223-5,Pollution Prevention and Right-to-Know Information(MAY 2011)(E.O. 13423)(Applies to services performed on Federal facilities). (xi)52.223-15,Energy Efficiency in Energy-Consuming Products(DEC 2007)(42 U.S.C. 8259b)(Unless exempt pursuant to 23.204,applies to contracts when energy-consuming products listed in the ENERGY STAR®Program or Federal Energy Management Program(FEMP))will be— (A)Delivered; (B)Acquired by the Contractor for use in performing services at a Federally-controlled facility; (C)Furnished by the Contractor for use by the Government; or (D)Specified in the design of a building or work,or incorporated during its construction,renovation,or maintenance). (xii)52.225-1,Buy American—Supplies(May 2014)(41 U.S.C.chapter 67)(Applies to contracts for supplies,and to contracts for services involving the furnishing of supplies,for use in the United States or its outlying areas,if the value of the supply contract or supply portion of a service contract exceeds the micro- purchase threshold and the acquisition— (A)Is set aside for small business concerns;or (B)Cannot be set aside for small business concerns(see 19.502-2),and does not exceed$25,000). (xiii)52.226-6,Promoting Excess Food Donation to Nonprofit Organizations(May 2014)(42 U.S.C. 1792) (Applies to contracts greater than$25,000 that provide for the provision,the service,or the sale of food in the United States). (xiv)52.232-33,Payment by Electronic Funds Transfer—System for Award Management(Jul 2013) (Applies when the payment will be made by electronic funds transfer(EFT)and the payment office uses the System for Award Management(SAM)database as its source of EFT information). (xv)52.232-34,Payment by Electronic Funds Transfer—Other than System for Award Management(JUL 2013)(Applies when the payment will be made by EFT and the payment office does not use the SAM database as its source of EFT information). (xvi)52.247-64,Preference for Privately Owned U.S.-Flag Commercial Vessels(Feb 2006)(46 U.S.C. App. 1241)(Applies to supplies transported by ocean vessels(except for the types of subcontracts listed at 47.504(d)). (2)Listed below are additional clauses that may apply: (i)52.209-6,Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended,or Proposed for Debarment(OCT 2015)(Applies to contracts over$35,000). (ii)52.211-17,Delivery of Excess Quantities(Sept 1989)(Applies to fixed-price supplies). (iii)52.247-29,F.o.b. Origin(Feb 2006)(Applies to supplies if delivery is f.o.b.origin). (iv)52.247-34,F.o.b.Destination(Nov 1991)(Applies to supplies if delivery is f.o.b.destination). (c)FAR.This contract incorporates one or more clauses by reference,with the same force and effect as if they were given in full text.Upon request,the Contracting Officer will make their full text available.Also,the full text of a clause may be accessed electronically at this address: . ://�r�r�r (d)Inspection/Acceptance.The Contractor shall tender for acceptance only those items that conform to the requirements of this contract.The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance.The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price.The Government must exercise its postacceptance rights— (1)Within a reasonable period of time after the defect was discovered or should have been discovered; and (2)Before any substantial change occurs in the condition of the item,unless the change is due to the defect in the item. (e)Excusable delays.The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence,such as acts of God or the public enemy,acts of the Government in either its sovereign or contractual capacity,fires,floods,epidemics,quarantine restrictions,strikes,unusually severe weather,and delays of common carriers.The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, 7 Purchase Order no.P16PX00784,Attachment 01 —Terms and Conditions(03/14/2016) setting forth the full particulars in connection therewith,shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence. (t)Termination for the Government's convenience.The Government reserves the right to terminate this contract,or any part hereof,for its sole convenience.In the event of such termination,the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract,the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination,plus reasonable charges that the Contractor can demonstrate to the satisfaction of the Government,using its standard record keeping system,have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose.This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred that reasonably could have been avoided. (g)Termination for cause.The Government may terminate this contract,or any part hereof,for cause in the event of any default by the Contractor,or if the Contractor fails to comply with any contract terms and conditions,or fails to provide the Government,upon request,with adequate assurances of future performance.In the event of termination for cause,the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law.If it is determined that the Government improperly terminated this contract for default,such termination shall be deemed a termination for convenience. (h)Warranty.The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. L2 52.243-01, Changes —Fixed Price, Alternate I(Apr 1984) (a)The Contracting Officer may at any time,by written order,and without notice to the sureties,if any,make changes within the general scope of this contract in any one or more of the following: (1)Description of services to be performed. (2)Time of performance(i.e.,hours of the day,days of the week,etc.). (3)Place of performance of the services. (b)If any such change causes an increase or decrease in the cost of,or the time required for,performance of any part of the work under this contract,whether or not changed by the order,the Contracting Officer shall make an equitable adjustment in the contract price,the delivery schedule,or both,and shall modify the contract. (c)The Contractor must assert its right to an adjustment under this clause within 30 days from the date of receipt of the written order.However,if the Contracting Officer decides that the facts justify it,the Contracting Officer may receive and act upon a proposal submitted before final payment of the contract. (d)If the Contractor's proposal includes the cost of property made obsolete or excess by the change,the Contracting Officer shall have the right to prescribe the manner of the disposition of the property. (e)Failure to agree to any adjustment shall be a dispute under the Disputes clause.However,nothing in this clause shall excuse the Contractor from proceeding with the contract as changed. 8 Purchase Order no.P16PX00784,Attachment 01 —Terms and Conditions(03/14/2016) L3 52.217-08, Option to Extend Services (Nov 1999) - - Se e note tN.h chnise ill Section H,2, uhoi)e The Government may require continued performance of any services within the limits and at the rates specified in the contract.These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor.The option provision may be exercised more than once,but the total extension of performance hereunder shall not exceed 6 months.The Contracting Officer may exercise the option by written notice to the Contractor within 60 calendar days. L4 52.217-09, Option to Extend the Term of the Contract(Mar 2000) - - See note regar(lin this chmse ria ,fie tion H,3, uhoi)e (a)The Government may extend the term of this contract by written notice to the Contractor within 60 calendar days;provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires.The preliminary notice does not commit the Government to an extension. (b)If the Government exercises this option,the extended contract shall be considered to include this option clause. (c)The total duration of this contract,including the exercise of any options under this clause,shall not exceed five years. 9 Purchase Order no.P16PX00784,Attachment 01 —Terms and Conditions(03/14/2016) SECTION J—LIST OF ATTACHMENTS Attachment Number Title/Description Pages 01 Terms and Conditions 10 (03/14/2016) 02 Collective Bargaining 28 Agreement, Teamsters Local, 4589 —Communications & Support (1/1/15 — 12/31/15) 03 MOU no. H9500040018 17 04 MOU Addendum 1, Pricing 1 10 X.J.-JIBIT A PenCom Funding Formula PellcoiVs.overall budget is determined by the goals Oftlie,strategic,plan and budget figures supplivd by the City's Finance Deparfinant. "Calls for Service" is definex]as any inoidtnt rt�suldng in one or more etnergeticy services units being dispatched and/or a report or evcxit numb being generatiA. Tlie oomm-twications malla&eT- iTuty a(tiust agency totals where calls for service.are i4,shigutal diffuruntly between agencies. It is the goal or PenCom to-maintain a uniform call for COU11141p,niefficid aTiaung the Member agencies. Call flor Servioc counts are obtained from the New World Syswrns sofh%,aiv. "Percentage of Use" Is,established by doikmriining the.total number of calls for service and their respective p=cntago ofthe total for each of Clio]:,wo major film tions performed by Nn oat; (1): la% cnfibrirernmit and (2)fire mid enie�rgency medical dkpatch. Ilie fire agenoics' share of the hudSet is based%or media calls for service as provided by the New World Systms soffivar'e. multiplied by 1-5 and divided by the,total calls for service for both fire and medical ca-lis u) detonnine the average weight of each 11M "11 RII-scrViIx overall,The total fire calls for service is thuti multiplied by the averageweight wid divided by the m-crall total of police and fire calls for servi" to detenninc firo agencies' percentage of the hudget. Tbcoverall police share;of the budget is the budppl flur.dod by M-.mbers minus the fire agencies' share. 9-1-I excise tax revenues and einergency commu tkations salQ!5 and use tax revenues that are used-For funding operational costs, anticipated graw. flkwdij%, awl Lower Elwha Tribal Police, Qkjikutc Tribal Police,and Olympic National ,Nasik service tees are,suboacted ftoin the-total projected budget. Lower'Fl.wha Txibal Police,ajid Quileute Tribal Police service fi=8 are solely based on the number of full time, �,xvorn offlems. Olympic National Park's fee Is charged at the same rate as the lowest.,payingy lR%NI OtIlbVeOIII1;".t N- kraber. Tl c balance of tho budget is allocated to the major functions as FIRE. Rh,Tcen i ages()Fuse fbr individual flim members are determi ried by taki ng the total cal Is for servicm� for each fire member and di viding it by the total fire calls for all fire member-q.Tbese fligurcs we used to allocate each Member's sh<-uc of'tbc ovcrAI fire sharo.of thebudget. LAW ENFORCEMENT: Tito number of-full Cmwzsworri uffii=sfor vmch Mmbu is multiplied by$2,000 for a baW amount, Tbese numbers are theo totalcd and subti-Ac;tcd fyom the police share of the overall budget, That total i5-1hendivided furdier bztwd on calls fm strvice Bor-those 180IJ6"thuu,NRCOJTI�s full services, including the records $I st -iU The base amount is added to the-peroewage ainount for a f-yaad total for ea6.NIemI)er. PenCom Funding Formula PenCom's overall budget is determined by the goals of the strategic plan and budget figures supplied by the City's Finance Department. "Calls for Service" is defined as any incident resulting in one or more emergency services units being dispatched and/or a report or event number being generated. The communications manager may adjust agency totals where calls for service are assigned differently between agencies. It is the goal of PenCom to maintain a uniform call for service counting method among the Member agencies. Call for Service counts are obtained from the New World Systems software. "Percentage of Use" is established by determining the total number of calls for service and their respective percentage of the total for each of the two major functions performed by PenCom; (1) law enforcement and(2)fire and emergency medical dispatch. The fire agencies' share of the budget is based on calls for service as provided by the New World Systems software multiplied by 1.5 and divided by the total calls for service for both fire and medical calls to determine the average weight of each fire call for service overall. The total fire calls for service is then multiplied by the average weight and divided by the overall total of police and fire calls for service to determine fire agencies' percentage of the budget. The overall police share of the budget is the budget funded by Members minus the fire agencies' share. 9-1-1 excise tax revenues and emergency communications sales and use tax revenues that are used for funding operational costs, anticipated grant funding, and Lower Elwha Tribal Police, Quileute Tribal Police and Olympic National Park service fees are subtracted from the total projected budget. Lower Elwha Tribal Police and Quileute Tribal Police service fees are solely based on the number of full time, sworn officers. Olympic National Park's fee is charged at the same rate as the lowest paying law enforcement Member, but in no case lower than$10,000. The balance of the budget is allocated to the major functions as follows: FIRE: Percentages of use for individual fire members are determined by taking the total calls for service for each fire member and dividing it by the total fire calls for all fire members. These figures are used to allocate each Member's share of the overall fire share of the budget. LAW ENFORCEMENT: The number of full time sworn officers for each Member is multiplied by$2,000 for a base amount. These numbers are then totaled and subtracted from the police share of the overall budget. That total is then divided further based on the percentage of calls for service for those agencies that use PenCom's full services, including the records management system. The base amount is added to the percentage amount for a grand total for each Member. Revised 11/8/2007 ORDER FOR SUPPLIES OR SERVICES PAGE OF PAGES IMPORTANT: Mark all packages and papers with contract and/or order numbers. 1 4 1.DATE OF ORDER 2.CONTRACT NO.(If any) 6.SHIP TO: 03/14, 2 016 a.NAME OF CONSIGNEE 3.ORDER NO. 4.REQUISITION/REFERENCE NO. P16PX00784 0040247188 NPS, Olympic NP 5.ISSUING OFFICE(Address correspondence to) b.STREET ADDRESS NPS, PWR - OLYM MABO 600 E Park Avenue 600 E. Park Avenue Port Angeles WA 98362-6757 c.CITY d.STATE e.ZIP CODE Port Angeles WA 98362 T TO: Steve Romberg If.SHIP VIA a.NAME OF CONTRACTOR F.o.b. Destination PORT ANGELES, CITY OF 8.TYPE OF ORDER b.COMPANY NAME L 1 a.PURCHASE b.DELIVERY c.STREETADDRESS REFERENCE YOUR: 321 E 5TH ST Except for billing instructions on the reverse,this delivery order is subject to instructions contained on this side only of this form and is Please furnish the following on the terms issued subject to the terms and and conditions specified on both sides of conditions of the above-numbered d.CITY e.STATE f.ZIP CODE this order and on the attached sheet,if contract. PORT ANGELES WA 98362-3206 anv.includino delivery as indicated. 9.ACCOUNTING AND APPROPRIATION DATA 10.REQUISITIONING OFFICE 01 NPS, OLYMPIC NP 11.BUSINESS CLASSIFICATION (Check appropriate box(es)) 12.F.O.B.POINT a.SMALL [X:1 b.OTHER THAN SMALL ❑c.DISADVANTAGED -1d.WOMEN-OWNED L_�e.HUBZone Destination f.SERVICE-DISABLED g.WOMEN-OWNED SMALL BUSINESS(WOSB) h.EDWOSB VETERAN-OWNED ELIGIBLE UNDER THE WOSB PROGRAM 13.PLACE OF 14.GOVERNMENT B/L NO. 15.DELIVER TO F.O.B.POINT 16.DISCOUNT TERMS ON OR BEFORE(Date) a.INSPECTION b.ACCEPTANCE 09/30/2016 Destination Destination N/A PP30 17.SCHEDULE(See reverse for Rejections) QUANTITY UNIT QUANTITY ITEM NO. SUPPLIES OR SERVICES ORDERED UNIT PRICE AMOUNT ACCEPTED (a) (b) (c) (d) (e) (g) This purchase order is awarded for the City of Port Angeles to provide after-hours dispatch services to Olympic National Park via PENCOM, in accordance with the terms and conditions as described in Attachment ' no. 1 and per the signed Memorandum of Continued . . . 18.SHIPPING POINT 19.GROSS SHIPPING WEIGHT 20.INVOICE NO. 17(h) TOTAL (Cont. , pages) 21.MAIL INVOICE TO: a.NAME $34r000-00 44 Invoice Processing Platform System SEE BILLING INSTRUCTIONS b.STREETADDRESS US Department of Treasury ONREVERSE (or P.O.Box) http://www.ipp.gov - 17(i) GRAND TOTAL c.CITY - �d.STATE e.ZIP CODE $34,000.00 44 22.UNITED STATES OF 23.NAME (Typed) AMERICA BY (Signature) Phaedra Fuller I' TLE:CONTRACTING/ORDERING OFFICER AUTHORIZED FOR LOCAL REPRODUCTION OPTIONAL FORM 3471R-220121 PREVIOUS EDITION NOT USABLE Presumed by GSAiFAR 48 CFR 53.213p1 ORDER FOR SUPPLIES OR SERVICES PAGE NO SCHEDULE -CONTINUATION 2 IMPORTANT:.marWati-pact gges and papers with contract and/or order numbers. DATE OF ORDER CONTRACT NO. ORDER NO. 03/14/2016 P16PX00784 ITEM NO. SUPPLIES/SERVICES - QUANTITY UNIT UNIT AMOUNT QUANTITY - ORDERED PRICE ACCEPTED (a) (b) (o) (d) (e) (9) Understanding in effect since January 1, 2004, incorporated herein. Admin Office: NPS, PWR - OLYM MABO 600 E. Park Avenue Port Angeles WA 98362-6757 Account Assignment: K G/L Account: 6100.252R0 Business Area: P000 Commitment Item: 252R00 Cost Center: PPPWOLYMVI Functional Area: PPMPSASIZ.YC0000 Fund: 1662103601 Fund Center: PPPWOLYMVI PR Acct Assign Line: 01 Period of Performance: 10/01/2015 to 09/30/2016 00010 BASE YEAR - - Annual user fee for PENCOM 34,000.00 service. This line item covers the first year of the contract (the "base" year) for Fiscal Year 2016. Refer to the Price Schedule in Section B of Attachment no. 1 for full details of base year and option year periods of performance and prices. 00020 OPTION YEAR ONE - - Annual user fee for 0.00 PENCOM service. This line item covers the second year of the contract (option year one) for Fiscal Year 2017. Refer to the Price Schedule in Section B of the contract terms and conditions. Amount: $34, 000.00(Option Line Item) 11/30/2016 Period of Performance: 10/01/2016 to 09/30/2017 Continued . . . TOTAL CARRIED FORWARD TO 1ST PAGE(ITEM 17(H)) $34,000.00 AUTHORIZED FOR LOCAL REPODUCTION OPTIONAL FORM 348(R-m2066) PREVIOUS EDITION NOT USABLE P. ,.1b,d by GSA FAR(48 CFR)53 213(f) ORDER FOR SUPPLIES OR SERVICES PAGE NO SCHEDULE-CONTINUATION 3 IMPORTANT: Mark all packages and,_a-j. ers with contraCCand/o .order numbers` - ----- _ -- DATE OF ORDER CONTRACT NO. ORDER NO. 03/14/2016 P16PX00784 ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT AMOUNT QUANTITY ORDERED PRICE ACCEPTED (a) (b) (c) (d) (e) (f) (g) 00030 OPTION YEAR TWO - - Annual user fee for 0.00 PENCOM service. This line item covers the second year of the contract (option year two) for Fiscal Year 2018. Refer to the Price Schedule in Section B of the contract terms and conditions. Amount: $34,000.00(Option Line Item) 11/30/2017 Period of Performance: 10/01/2017 to 09/30/2018 00040 OPTION YEAR THREE - - Annual user fee for 0.00 PENCOM service. This line item covers the second year of the contract (option year three) for Fiscal Year 2019. Refer to the Price Schedule in Section B of the contract terms and conditions. Amount: $34,000.00(Option Line Item) 11/30/2018 Period of Performance: 10/01/2018 to 09/30/2019 00050 OPTION YEAR FOUR - - Annual user fee for 0.00 PENCOM service. This line item covers the second year of the contract (option year four) for Fiscal Year 2020. Refer to the Price Schedule in Section B of the contract terms and conditions. Amount: $34,000.00(Option Line Item) 11/30/2019 Period of Performance: 10/01/2019 to 09/30/2020 QUARTERLY INVOICES/PAYMENTS. Each fiscal year includes four quarters. Each quarter is three months, and is based on the Government's fiscal year, not the calendar Continued . . . TOTAL CARRIED FORWARD TO 1ST PAGE(ITEM 17(H)) 0.00 AUTHORIZED FOR LOCAL REPODUCTION OPTIONAL FORM 348(Rev.U2006) PREVIOUS EDITION NOT USABLE P,,scnb,d by GSA FAR(48 CFR)53.213(1) ORDER FOR SUPPLIES OR SERVICES PAGE NO SCHEDULE -CONTINUATION 4 IMPp TANT: Mark all packages and with.contract and/or order numbers. - DATE OF ORDER CONTRACT NO, ORDER NO. 03/14/2016 P16PX00784 ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT AMOUNT QUANTITY ORDERED PRICE ACCEPTED (a) (b) (c) (d) (e) (t) (g) year, which starts October 1st and ends September 30th, annually. Payments will be made by Electronic Funds Transfer on a Net-30 basis. Invoices shall be prepared and submitted electronically on a quarterly basis, at the end of each quarter, through the Invoice Processing Platform (IPP) system. Refer to Section B in Attachment no. 1 for full details of quarterly performance periods and amounts. City of Port Angeles shall upload their quarterly business invoice as an attachment to their IPP invoice before clicking "submit" in IPP. Refer to the IPP clause incorporated into this Purchase Order by full text in Section G of Attachment no. 1. Point of contact invoice/payment is Clair Kirkman at (360) 565-3021 or email at Clair—Kirkman@nps.gov. The total amount of award: $170,000.00. The obligation for this award is shown in box 17 (i) . TOTAL CARRIED FORWARD TO 1ST PAGE(ITEM 17(H)) $0.00 AUTHORIZED FOR LOCAL REPODUCTION - OPTIONAL FORM 348(Rev.4MO6) PREVIOUS EDITION NOT USABLE Pre scribetl by GSA FAR(48 CFR)53.213(f)