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Home My WebLink About5.699 Original Contract S. ft;)qq ,w' ifiLEO FOR ilECCRD t,T 711!:; REQUEST ~lF Q-N- ,,,,"9f,j~.~._ )fEC01\DE~, ,.: if' \l' + r A I ( . .. C() , ... ~ f +- _ ""'... 1';' ~ _\ ,""'I RETURN ADDRESS. City of Port Angeles P.O Box 1150 Port Angeles, WA 98362 Z005 HI~R 28 Af110: 3 B CtJ 2005 1153208 Clallam Cou nty INTERLOCAL AGREEMENT BETWEEN THE CITY OF PORT ANGELES, A MlmICIPAL CORPORATION .M:D CLALLAM COUNTY (ENHANCED 911 COMMUNICATION WITHIN THE COUNTY) \, 5. f.pqq ~a. 011 II (05 -4 '/ INTERLOCAL AGREEMENT THIS AGREEMENT is entered into by and between Clallam County, a political subdivision ofthe State of Washington (hereinafter referred to as "County") and the City of Port Angeles, a non-charter, code municipal corporation of the State of Washington (hereinafter referred to as "City"). WITHNESSETH THAT: WHEREAS, RCW 38.52.510 requires the County to provide funding for enhanced 911 communication within the county, and; WHEREAS, the County has imposed a tax pursuant to RCW 82. 14B.030 to support the countywide 911 system, and; WHEREAS, the City has entered into an interlocal agreement with the County to house, staff and operate the primary 911 center known as Peninsula Communications, and; WHEREAS, there are additional obligations to support Peninsula Communications that the County has undertaken and fall outside the definition of 9-1-1 and, therefore, are not directly funded by the 9-1-1 tax, and; WHEREAS, the City recognizes these additional obligations of the County, 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 the County and City will financially support the obligations of the other in providing enhanced 9-1-1 to the citizens ofClallam County. ll. FINANCES A. The County agrees to: 1. Collect all revenues pursuant to RCW 82. 14B.030 and provide these revenues to the City upon receipt of detailed invoices that support the operation of the countywide 9-1-1 system. 2. Budget and expend only those expenses eligible under WAC 118.66 from its Enhanced 911 fund. 3. Prepare and submit to the City an annual budget detailing the County's projected expenditures for providing agreed upon services to the City for the operation of Peninsula Communications. These services are: a) The system analyst position. 1 iiI2to-D5~{)O I .f b) County Information Technology expenses in supporting the IBM E-Series computer and, c) Indirect Cost Charges. d) Any additional services agreed to between the County and City. 4. Present invoices to the City for payment for expenses detailed in A3 above on a quarterly basis. 5. Promptly make payment on invoices submitted by the City for the expenses detailed under B2 below. 6. Make application for State and other funding available to support the E911 system and/or operations. 7. Transfer the title and maintenance contract of the IBM E-series computer, serial number 1O-C650B, to the City. B. The City agrees to: 1. Prepare and submit to the County a detailed annual budget accounting for all 9-1-1 related expenses allowable under WAC 118-66. 2. Submit quarterly invoices to the County for the amount expended for all 9-1-1 related expenses allowable under WAC 118-66, up to the amount budgeted by the County. 3. Use 9-1-1 funds paid to the City only for allowable purposes as defined in applicable statutes and WAC's. 4. Promptly make payment on invoices submitted by the County for the expenses detailed under A3 above. ID. DURATION, TERMINATION AND REMEDIES. This agreement shall be in effect the 1 st of January, 2005 and shall be perpetual and continue year-to-year~ provided, however, any party may terminate this agreement upon providing written notice to the other not later than June 30th of any year for withdrawal and effective January 1 of the following calendar year. IV. DISPUTES BETWEEN PARTIES Should a dispute arise between the City and County, any party 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 cost of mediation shall be shared equally between the parties. Should the parties be unable to negotiate a resolution or refuse to accept a mediated resolution to a dispute, 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 2 ,.. .. . 1'\ ,-<I 1 .I shall be entitled to reasonable attorney fees and costs, including any fees and costs incurred in an appeal, as determined by the appropriate court. v. 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. VI. FILING. '" '" '," The County will file this agreement as required by law. 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 c:l.1 L day of ..~m doJ11 ,....<'\~ V"1"Y8~.c~!y of Port Angeles ,.........~ ...QOO~ "I r'" . ..'l::- '~~~tJ"~, a""'..~J .... ,,"" , "t /, uo' .,~ ::. tJ" 1"\'7 ~;il ,~1~ f1. \1'"", , ::- '" >\:~" - ... I ::: Lllo. t~ f- ;.~ l' :: ;C; ~ i1) I 8 ,r.r:" ~ f _ ~f ~ ;.- ~ .~ o~...~ .A" ,d ," . - .. -:;. \, 0.. r ~' j't l ~. (... ") ~ \ ~ /.,"': ~ity Gl~r~ ,: '..., ~ ~.; . <'l... <;t 0 (! . .. ~~ ."0- 1/;11; 0 /} I r f (' '1, \\ 'I j t. \ ,t , Q()iO~Oj,./ ,2004 ~70VED AS ~RM tj 4/~ /!J;;: City Attorney CLALLAM COUNTY: day of V~(}A''L'1 1,I2004"'5W=' Dated this ~ <.f.-h J:1l. ~~ .,!.-:k~::~~a~r~e~l~ County Board of Commissioners ,,:'-:","",\11,1>'" Il/I" ", "i" .- '-~>,.' . \..f'V,1 (: ',0' " AP\(PVED ASlLT F RM .'~' ,;" {'v 0" ~ . ~ . '-~ v ~.~ ~~", JJ -: I." V - (,,,_. . '---:" -t' ' !fJj ., ... '" I ..... f .; ~ "',. ... ~ -v ,- ~ I': . ~ ~..;:' '~f 1-;:1;~:J '~b(t'~;,':.~*e;JPw()ti- Ovtc., . ;'1' .-; "( c:.:1~ , jJ:' - i/)'Cr6rki of-the B1;ard Deputy Prosecutor '< '. k, " " '7~f""..t~. g 1&\,; [~. I r~ ~1 ; .."",~ 3 ' " ' t.- (~ ,,,'