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HomeMy WebLinkAbout5.247 Original Contractr Filed at the Request of: City of Port Angeles City Clerk's Office P. O. Box 1150 Port Angeles, WA 98362 City Clerk File No.: 50 Agreement between the City of Port Angeles and Idt Ilika 44' Purpose: '6•-• CCJY ,�(Y�e�'AM-E4 L Dated:('"kf 2005 1163927 Interlocal Agreement rtqqw Clallam County .LCD ro Err., ';.'E RE_J.c.?1 MI5 AUG 30 3; 05 &-14) of) S, 24'1 WITNESSETH THAT: COOPERATIVE AGREEMENT BETWEEN THE CITY OF PORT ANGELES AND NATIONAL PARK SERVICE ARTICLE I. BACKGROUND AND OBJECTIVES 1 Agreement No. 1443- CA9500 -98 -001 THIS COOPERATIVE AGREEMENT is entered into by and between the CITY OF PORT ANGELES, a non charter, code municipal corporation of the State of Washington (hereinafter referred to as "the City and the NATIONAL PARK SERVICE, represented by the Superintendent, Olympic National Park (hereinafter referred to as "the Park Service for police, fire and emergency medical dispatch and certain related computer records services provided by the emergency communications and records management center operated by the Port Angeles Police Department, (hereinafter referred to as "PenCom 1. WHEREAS, both the City and the Park Service agree that 24 hour access to emergency communications service is essential for protecting life and property of the public they serve; and 2. WHEREAS, it is the goal of PenCom to serve the members of the Park Service and all other Clallam County Public Safety agencies by providing these services on an equitable cost sharing basis for each agency contracting for said services; and 3. WHEREAS, Chapter 39.34 RCW permits local governmental units to make official use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage. 4. WHEREAS, the Federal Grant and Cooperative Agreement Act, 31 U.S.C. 6305 (1982) states that the executive agency shall use cooperative agreement as the legal instrument reflecting the relationship between the United States Government 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. 5.024 7 NOW, THEREFORE, in consideration of the foregoing as a basis for cooperative agreements, subagreements, cooperation, and assistance between the parties hereto in their compatible objectives the parties agree as follows: ARTICLE II. STATEMENT OF WORK It is the purpose of this Agreement to provide a mechanism whereby the National Park Service may obtain its law enforcement, fire and emergency medical service dispatching and certain computer records services by contracting said services from PenCom and setting forth the powers, rights and responsibilities of the parties to this agreement. A. The City of Port Angeles agrees to: 1. Sufficiently staff, operate and maintain PenCom, using employees of the City. 2. Employ and assign the selected manager, who shall supervise the day -to -day operations of PenCom. The manager shall be responsible to the City of Port Angeles Chief of Police for the staffing and direction of all personnel employed by PenCom, for budget preparation and management, and for the efficient operation of PenCom, including the development of operating policies and procedures, scheduling, supervision and maintenance of liaison with the other users of PenCom. 3. Maintain records and statistics of the operation of PenCom for administrative and financial purposes. 4. Provide the following communications services: a) 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. b) Provide service during the following time periods: Memorial Day through Labor Day Midnight to 7:00 a.m. seven days per week The balance of the year 5:30 p.m. to 7:00 a.m. seven days per week c) Should the Park Service, for any reason, request additional hours of service, the terms for providing the additional hours must be negotiated in advance. 2 d) The performance of other tasks and services necessary and proper for the efficient operation of a comprehensive emergency communications system. 5. Shall provide computer services should the Park Service desire to join, by amendment to this agreement, the regional combined computer aided dispatch and records management system operated by PenCom. 6. Shall, without charge to Center users, provide the facility and its necessary support, including, but not limited to electrical, heating, lighting, air conditioning and space for PenCom so long as it is located in existing City buildings. B. The National Park Service agrees to: 1. Maintain reliable communications equipment essential to successful emergency dispatch and public safety communications. In the event the Park Service purchases its own equipment, such equipment shall include, but not be limited to: a) A base station or repeater installation including a standby unit, either of which may be selected by remote control for use by Center personnel; b) An emergency power source for the above communications equipment or an emergency plan for continuing dispatch services in the event of a commercial power failure affecting Park Service equipment. 2. Incur the costs of telephone 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 Park Service personnel, or for the purpose of controlling or using such facilities, which shall be the sole responsibility of the Park Service. 3. Immediately resume all dispatch responsibilities for the Park Service in the event of a disaster or other catastrophic occurrence negatively impacting PenCom's ability to continue normal operations. C. It is mutually agreed between the Parties that: 1. 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 3 use and operational control of those frequencies by PenCom. Each user shall be responsible for renewing their own radio licenses at the end of the license periods and to maintain their base radio stations, repeaters and other radio support equipment outside PenCom's facility. 2. Liabilities: Both parties agree that the National Park Service, in the manner and to the extent provided by the Federal Tort Claims Act, as amended (28 USC 1346, 2671- 2680), shall be liable for and hold the City of Port Angeles harmless from, 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 National Park Service while acting within the scope of his office or employment in the performance of this agreement; Provided. that in the event that the National Park Service has to pay for any loss, such payment shall not entail expenditures which exceed appropriations available at the time of the loss; Provided further. that nothing herein shall be interpreted as implying that the United States Congress will, at any later date, appropriate funds sufficient to meet any deficiencies. 3. Modifications: 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. ARTICLE III. TERMS OF AGREEMENT. A. Accomplishment of all items discussed in the Agreement (or Subagreement) are contingent upon availability of funds, space and personnel; that nothing in this agreement shall be construed as obligating the City of Port Angeles or the National Park Service in the expenditure of funds in excess of appropriations authorized by law. B. This agreement shall continue for a period not to exceed five (5) years from the date of the last signature affixed at which time this agreement shall be reviewed to determine if it should be renewed, modified, or terminated. The effective date of the Agreement shall be determined from the date of the last signature. C. That Subagreements to the Agreement may be proposed by either party and shall become effective upon the date of the last signature affixed. D. That nothing in this Agreement is intended to preclude communication by the City of Port Angeles with other administrative levels of the National Park Service or by 4 the National Park Service with other administrative levels of the City of Port Angeles. ARTICLE IV. KEY OFFICIALS The personnel specified in the Cooperative Agreement or Subagreement are considered to be essential to ensure maximum coordination and communications between the parties and the work being performed hereunder. Either party, on notice to the other party, may designate another person or a person to act in his/her place, in an emergency or otherwise. For the National Park Service: For the City of Port Angeles: Mark L. Nesvig Contracting Officer National Park Service Olympic National Park 600 E. Park Avenue Port Angeles, WA 98362 -6798 (360) 452 -0320 (360) 452 -0336 FAX ARTICLE V. AWARD, PAYMENTS/INVOICES Naomi L. Wu Communications Manager City of Port Angeles Port Angeles Police Department 321 E. 5 Street Port Angeles, WA 98362 (360) 417 -4911 (360) 417 -4909 FAX A. All expenses incurred by PenCom shall be paid by the City and shared equitably by the City and all other user agencies in accordance with this Agreement. B. It shall be the responsibility of the manager to prepare an annual budget which will include all necessary and required expenditures and anticipated revenues. The budget shall be reviewed by the Board, and, with its recommendation, submitted to the City Council for approval. Upon request of any user agency, the manager shall appear before that agency's legislative body regarding the annual budget or financial contributions. C. The National Park Service shall make its financial payment for the cost of operation of PenCom in the form of a fixed annual fee and will receive an invoice from the City for the full amount in October of each year. The fixed annual fee shall be increased by 100% of the most current Seattle Consumer Price Index (CPI) or 3 whichever is greater. D. Payment will be authorized upon submission of a proper invoice. The invoice shall contain as a minimum the following information: 1. Name of the City of Port Angeles and invoice date. 2. Cooperative Agreement or Subagreement Number. 5 3. Description of service being billed for. 4. Total dollar amount. 5. Name, Title, telephone number, and complete mailing address of responsible official to whom payment is to be sent. 6. Other substantiating data, documentation, or information as required by the Cooperative Agreement or Subagreement. 7. Each invoice furnished shall be addressed to: Olympic National Park Attn: Contracting Officer 600 E. Park Avenue Port Angeles, Washington 98362 -6789 E. The parties to this Agreement may, on behalf of PenCom, 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, applying for and receiving grants of money or equipment from other governments. Such gifts and grants shall not replace any party's financial contribution as required by this Agreement, and are the sole property of PenCom. Grant applications shall be prepared under supervision of the manager. ARTICLE VI. PROPERTY AND EQUIPMENT. A. Center equipment shall be in the custody of the City of Port Angeles, but ownership shall remain in the contributing agency. The City of Port Angeles shall be responsible for the maintenance of all such equipment in good repair, normal wear and tear excepted. B. Upon initial receipt of custody of equipment from any user whatsoever, the City of Port Angeles shall enter it into a master inventory, describing the equipment fully, including its condition on receipt and the percentage of ownership of each user agency. Should any user withdraw from this Agreement as provided herein, such user shall be credited with or paid the depreciated value of any equipment owned or controlled by it pursuant to this Agreement and the ownership of such equipment shall be deemed transferred to the City. Such payment shall be made within 90 days of the effective date of withdrawal. Equipment jointly purchased shall, upon expiration of this Agreement, become the sole property of the City. C. Purchase and installation of peripheral equipment necessary to provide the National Park Service access to computerized data maintained by PenCom's CAD or records management systems shall be the responsibility of the National Park Service and shall only be connected to the CPU upon approval of the manager. 6 ARTICLE VII. TERMINATION A. The parties hereto may withdraw from PenCom terminating this agreement and communicated to the City in writing. Such withdrawal shall be effective on midnight of December 31, of the year in which notice of withdrawal is tendered and in no case prior to that date. Request to withdraw by either party hereto shall require 90 days advance written notice. B. Termination of this agreement may be imposed upon the National Park Service under the following circumstances: 1. The manager determines that a consistent pattern of violation, abuse or disregard of operational policies by the National Park Service's personnel exists, and such finding is communicated to the PenCom Advisory Board in writing. 2. The manager shall consider the recommendations of the PenCom Advisory Board, and shall attempt to obtain compliance with operational policies by the offending user. If this fails, the City shall have the authority to terminate the Park Service's participation hereunder and exclude the Park Service therefrom. 3. Involuntary termination as in (B) above shall be effective 90 days after action by the City. The Park Service reserves the right to terminate this agreement for any reason provided that the termination is communicated in writing at least 90 days prior to December 31 of each calendar year. C. Upon withdrawal of the Park Service or termination of this Agreement, property or equipment owned by the Park Service so withdrawing shall be returned (subject to the provisions of Section VI), or, upon agreement of the parties, PenCom may purchase the property or equipment from the withdrawing agency. ARTICLE VIII. GENERAL AND SPECIAL /ADDITIONAL PROVISION A. Civil Right Assurance requirements. Title VI, Civil Rights Act of 1964. (42 U.S.C. C.200d.1). ARTICLE IX. ATTACHMENTS AND APPENDICES Not applicable to this basic agreement. ARTICLE X. AUTHORIZING SIGNATURES. IN WITNESS HEREOF, the parties hereto have signed their names and executed this Agreement. National Park Service: c k Superintendent Date Olympic National Park 9774 1 7-7 Mark L. Nesvig Contracting Officer National Park Service Olympic National Park City of Port Angeles: Date (1 a.4 0) 'T d Gary l raun Date Mayor Beckyl. Upto Date City Clerk A,,,�., 7 /r Approved as to'form Da(e i Craig Knutson City Attorney WITNESSETH THAT: I. PURPOSE PENCOM DISPATCH AND COMPUTER RECORDS SERVICE AGREEMENT THIS AGREEMENT is entered into by and between the City of Port Angeles, a non- charter, code municipal corporation of the State of Washington (hereinafter referred to as "the City and the Lower Elwha Klallam Tribe, a federally recognized Indian Tribe (hereinafter referred to as "the Tribe for police, fire and emergency medical dispatch and certain related computer records services provided by the emergency communications and records management center operated by the Port Angeles Police Department, (hereinafter referred to as "PenCom 1. WHEREAS, both Port Angeles and the Tribe agree that combining their emergency communications operations will provide a more efficient, effective and less costly communications link for those people reporting a fire, medical or law enforcement emergency and for those agencies designated to respond to such emergencies, thereby better serving the public; and 2. WHEREAS, combining certain computer databases and record services among local emergency service providers eliminates duplication and facilitates uniform reporting and recording of law enforcement, fire and emergency medical service events, thereby making critical information immediately available to dispatchers and field personnel during emergencies; and 3. WHEREAS, it is the goal of PenCom to serve the members of the Tribe and all other Clallam County Public Safety agencies by consolidating dispatch facilities and providing these services on an equitable cost sharing basis for each agency contracting for said services; and 4. WHEREAS, Chapter 39.34 RCW permits local governmental units to make official use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and pursuant to the provisions of RCW 39.34, the parties hereto do agree as follows: It is the purpose of this agreement to provide a mechanism whereby the Lower Elwha Klallam Tribe may obtain their law enforcement, fire and emergency medical service dispatching and certain computer records services by contracting said services from PenCom and setting forth the powers, rights and responsibilities of the parties to this agreement. 1 II. DURATION The duration of this Agreement shall be in effect the 1st day of January, 1998 and terminate at midnight on the 31st day of December, 2003, unless this Agreement is sooner modified, extended or terminated in accordance with the terms hereof. III. ADVISORY BOARD The parties hereto agree that an advisory board (hereinafter referred to as the "Board shall be the operations policy recommending body for PenCom. The Board shall be composed of a representative from each agency which is a user of PenCom's services under contract. PenCom's manager may, as needs dictate, organize subcommittees necessary for efficient operation of PenCom. Voting on the board shall be weighted so as to represent the percentage of activity of each user agency based on their average annual number of calls- for service, which shall be first calculated on a one -year, then a two -year base until a three year period of records has been collected, provided that if a full year's figures are unavailable the figures from previous dispatch history may be extrapolated to determine a yearly average. Votes shall be weighted annually in January. Calls- for service of agencies withdrawing from PenCom shall be excluded from the formula set forth in paragraph VIII, 4, of this Agreement. A. The Board may establish by -laws consistent with this Agreement, should the need arise. B. The Board shall have the authority to: 1. Make recommendations for the operation of PenCom in accordance with industry standards. 2. Recommend approval of the joining herein of any other user eligible to participate. 3. Recommend services provided to each user agency including use of PenCom's computerized law enforcement and fire records management systems. 4. Review the financial contributions of the parties hereto, and recommend ad- justments in the same if the Board finds that any of the parties hereto is bearing an inequitable share of PenCom's costs. 2 5. Prior to PenCom's budget approval, the manager will, upon request, meet with the Council of the Lower Elwha Klallam Tribe, or other user agency legislative bodies if so requested, to review PenCom's budget and to discuss the Board's recommendations. C. Decisions reached by the Board shall be by weighted vote of the majority of the membership. IV. JOINING OF OTHER USERS Other governmental bodies or emergency service providers within Clallam County area may make use of PenCom in accordance with the following: A. Each such user agency must execute a written agreement, which is substantially the same in content as this agreement, in accordance with the applicable laws of the State of Washington, agreeing to be bound in all respects, including bearing a proportional share of the capital and annual costs to operate PenCom; B. The City shall, upon recommendation by the Board, charge each user agency either a fixed annual fee for limited Center services, or a fee based on calls- for service and calculated according to section VIII of this Agreement. The Lower Elwha Tribe is charged a fixed annual fee under the terms of this Agreement; C. The City shall charge each new user 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 user agency; D. The City shall charge each new user a one time fee based on the new user agency's projected activity with PenCom as reimbursement for costs incurred by the City and County for construction and implementation of PenCom. Any reimbursement fees collected by the City from new users shall be placed in a fund maintained by the City and used solely for enhancement of PenCom; and, E. Upon approval of the joining of a new user hereto, the manager shall recompute the financial contributions of the various users of PenCom, and shall inform them forth- with of their adjusted contribution for the current calendar year. V. THE CITY OF PORT ANGELES AGREES AS FOLLOWS: A. The City shall sufficiently staff, operate and maintain PenCom, using employees of the City. 3 B. The City shall employ and assign the selected manager, who shall supervise the day to -day operations of PenCom. The manager shall be responsible to the City of Port Angeles Chief of Police for the staffing and direction of all personnel employed by PenCom, for budget preparation and management, and for the efficient operation of PenCom, including the development of operating policies and procedures, scheduling, supervision and maintenance of liaison with the other users of PenCom. C. The City shall maintain records and statistics of the operation of PenCom for administrative and financial purposes. The City shall, upon request of any user agency, furnish a monthly report of activities of PenCom and of each user's utilization of PenCom. D. The City shall provide the following communications and records services: 1. 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. 2. The development and utilization of a computer aided dispatch system for emergency vehicles and units, and provision of necessary information thereto. 3. The development and utilization of a computerized law enforcement and fire records management system to provide information to the Tribe as well as other selected user agencies which have contracted with the City for such services. Entry of information and retrieval of data to and from the system shall be the responsibility of the user agency having such capability, except for that data which is captured during the dispatch process. The system shall include, in addition to computer aided dispatch, at minimum, the following: a) Master Name Search containing an index of records of all agencies subscribing to PenCom; b) Incident Report entry /modification and generation to include incident header, involved persons, involved property, involved vehicles and narrative; c) Criminal History Records; d) Report generation capability for Uniform Crime Report (UCR), Incident Based Reporting (IBR format), manpower allocation, crime analysis, and management reports; 4 e) Evidence management; fl Warrants, wants, stolen vehicles and stolen property files, address activity files, and other standard police record files searchable with limited or partial information. g) An interface with the State ACCESS computer system. 4. All records and reports will be maintained uniquely by user agency, including security of access. 5. The sending, receipt and advice of all teletype messages addressed to or from parties hereto that are pertinent to the operation of PenCom, the dispatching of their public safety personnel, or as determined by other policy. 6. Entry and maintenance of warrants and domestic violence records including, but not limited to timely and accurate local, state and national database entry, recording of service, recall and other activity in both local, state and national systems; maintenance and auditing of paper files for all three systems. 7. The performance of other tasks and services necessary and proper for the efficient operation of a comprehensive emergency communications system. E. The City shall, without charge to Center users, provide the facility and its necessary support, including, but not limited to electrical, heating, lighting, air conditioning and space for PenCom so long as it is located in existing City buildings. F. Clallam County, as set forth in the Dispatch and Computer Records Service Agreement between the City and Clallam County, an agreement substantially the same as this agreement, shall without charge to PenCom's users, provide maintenance of the CPU, peripherals, and programs used to run the CAD and records systems, excluding the costs of software and hardware maintenance contracts. The County will provide personnel time for maintenance and programming of the CAD and records system in exchange for the City providing the facility and its support for PenCom. VI. THE LOWER ELWHA KLALLAM TRIBE AGREES AS FOLLOWS: A. Reliable communications equipment is essential to successful emergency dispatch and public safety communications. In the event the Tribe purchases their own equipment, such equipment shall include, but not be limited to: 5 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; 2. An emergency power source for the above communications equipment, capable of at least 8 hours of sustained operation without commercial power. Such emergency power source shall sense a commercial power failure and automatically start and/or transfer said equipment to the emergency power source. B. The cost of telephone 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 Tribal police personnel, or for the purpose of controlling or using such facilities, shall be the sole responsibility of the Tribe. C. Accurate and timely information in law enforcement computer systems is vital to the mission of police departments. The Tribe agrees to comply with all applicable provisions of the ACCESS User Acknowledgment in Exhibit 1. VII. THE PARTIES HERETO AGREE AS FOLLOWS: 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 the license periods and to maintain their base radio stations, repeaters and other radio support equipment outside PenCom's facility. B. Liabilities: Except for liability that is subject to immunity as provided by Ch. 38.52 RCW, each party agrees to defend, indemnify and to 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 agent of such party. C. Disputes between parties: Should a dispute arise between the City and any user agency, the parties may resolve the same by submitting the dispute for resolution by negotiation between the parties or 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. 6 VIII. FINANCES 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 a dispute over the terms of this agreement reasonably necessitates the procurement of legal services, the prevailing party shall be entitled to a reasonable attorney's fee and costs. A. All expenses incurred by PenCom shall be paid by the City and shared equitably by the City and all other user agencies in accordance with this Agreement. B. It shall be the responsibility of the manager to prepare an annual budget which will include all necessary and required expenditures and anticipated revenues. The budget shall be reviewed by the Board, and, with its recommendation, submitted to the City Council for approval. Upon request of any user agency, the manager shall appear before that agency's legislative body regarding the annual budget or financial contributions. C. User agencies shall, on a quarterly basis, make their financial payments for the cost of operation of PenCom. Each user agency will be billed quarterly in equal amounts for their estimated proportional share of the annual operating expenses of PenCom. With the exception of the agencies contributing a fixed annual fee, each agency's annual contribution 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. Fixed annual fees shall be increased by 100% of the Seattle Consumer Price Index (CPI) or 3 whichever is greater, payable the first day of January of each year for the duration of the Agreement. D. Computation of financial contributions for user agencies who contract for PenCom's services on a calls- for service basis shall be as follows: SHARED BUDGET is determined by first reducing the total annual Center budget by the amount paid by user agencies who contribute on a fixed fee basis, and any other revenue sources made available to PenCom, with the remainder shared by users on a "percentage of use" basis. 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 Fire Dispatch, and (2) Emergency Medical Dispatch. 7 ADJUSTED PERCENTAGE OF USE for each of the two major dispatch functions of PenCom is calculated by multiplying the Emergency Medical Dispatch activity, expressed as a percentage of use, by a factor of 1.5, the product of which being the portion of the shared budget, expressed as a percentage, for which Emergency Medical Dispatch is responsible, with Law Enforcement and Fire Dispatch responsible for the remaining percentage of the total shared budget. (For example, if during a given year law enforcement dispatches account numerically for 88 percent of the total call- for service activity and fire and emergency medical account for 12 percent, the emergency medical dispatches would be calculated at 1.38 times their actual percentage of total calls, and would be responsible for 16.56 percent of the shared budget. Law enforcement dispatch would be responsible for the remaining 83.44 percent of the budget.) CALL- FOR SERVICE COST is calculated as follows: 1. LAW ENFORCEMENT DISPATCHES: [Adjusted percentage of use] times [shared budget] divided by [total annual number of law enforcement calls-for-service] equals [call-for-service cost] for each law enforcement dispatch. 2. FIRE AND EMERGENCY MEDICAL DISPATCHES: [Adjusted percentage of use] times [shared budget] divided by [total annual number of fire and emergency medical calls-for-service] equals the [call-for-service cost] for each fire and emergency medical service dispatch. 3. USER AGENCY FINANCIAL CONTRIBUTION: [Total annual law enforcement calls-for-serviced times [call-for-service cost for law enforcement dispatches] plus [total fire and emergency medical service calls-for-serviced times [individual call-for-service cost for fire and emergency medical dispatches] equals user agency annual financial contribution]. WHERE: "USE" means the total call- for service (CFS) count of PenCom. This count does not include activity of any agency who's financial contribution is contracted as a "fixed fee If figures regarding annual calls- for service are unavailable for a particular user or for the entire Center, the City may extrapolate the available figures in order to determine the yearly CFS units of an individual user, or PenCom's total annual CFS units. "FINANCIAL CONTRIBUTION" means the proportion of PenCom's total annual budget paid by a user, calculated in accordance with formulae in this section. The contribution may be reduced on a pro rata basis if the user participates in PenCom less than a full year. "CALLS- FOR SERVICE" is defined as any incident which results in one or more emergency services units being dispatched and/or a report or event number being drawn. The manager may adjust agency totals where "calls- for service" are assigned differently between agencies. It shall be the goal of PenCom to maintain a uniform call- for service counting method among the user agencies. E. 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 financial contributions, subject to the approval of the users' legislative bodies. F. The parties to this Agreement may, on behalf of PenCom, 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, applying for and receiving grants of money or equipment from other governments. Such gifts and grants shall not replace any party's financial contribution as required by this Agreement, and are the sole property of PenCom. Grant applications shall be prepared under supervision of the manager. IX. PROPERTY AND EQUIPMENT A. Equipment, software, and other items purchased or upgraded jointly during Center implementation shall be jointly owned and a record of each agency's contribution toward ownership maintained by the manager. B. Center equipment shall be in the custody of the City of Port Angeles, but ownership shall remain in the contributing agency. The City of Port Angeles shall be responsible for the maintenance of all such equipment in good repair, normal wear and tear excepted. Upon initial receipt of custody of equipment from any user whatsoever, the City of Port Angeles shall enter it into a master inventory, describing the equipment fully, including its condition on receipt and the percentage of ownership of each user agency. Should any user withdraw from this Agreement as provided herein, such user shall be credited with or paid the depreciated value of any equipment owned or controlled by it pursuant to this Agreement and the ownership of such equipment 9 shall be deemed transferred to the City. Such payment shall be made within 90 days of the effective date of withdrawal. Equipment jointly purchased shall, upon expiration of this Agreement, become the sole property of the City. C. Purchase and installation of peripheral equipment necessary to provide local user agency access to computerized data maintained by PenCom's CAD or records management systems shall be the responsibility of the user agency and shall only be connected to the CPU upon approval of the manager. D. Other users joining herein may contribute equipment to PenCom in accordance with the foregoing. Should another user, upon joining herein, decide to maintain dispatch services or active base stations in addition to or in lieu of services received from PenCom, it is understood that operational net control remains with PenCom, absent agreement to the contrary. E. Equipment purchased with City budgeted funds after implementation of PenCom shall become the property of the City. X. MODIFICATION, WITHDRAWAL AND TERMINATION A. This Agreement may be modified or extended in duration by mutual agreement of the parties. B. The parties hereto may withdraw from PenCom, terminating this agreement only by legislative act of their respective governing body, communicated to the City in writing. Such withdrawal shall be effective on midnight of December 31, of the year in which notice of withdrawal is tendered and in no case prior to that date. Request to withdraw by either party hereto shall require 3 months advance written notice. C. Termination of this agreement may be imposed upon any user under the following circumstances: 1. The manager determines that a consistent pattern of violation, abuse or disregard of operational policies by a user's personnel exists, and such finding is communicated to the Board in writing. 2. The manager shall consider the recommendations of the Board, and shall attempt to obtain compliance with operational policies by the offending user. If this fails, the City shall have the authority to terminate the user's participation hereunder and exclude the user herefrom. 10 D. Upon withdrawal of a user agency or termination of this Agreement, property or equipment owned by the user agency so withdrawing shall be returned (subject to the provisions of Section IX, para 3), or, upon agreement of the parties, PenCom may purchase the property or equipment from the withdrawing agency. XI. GENERAL TERMS 3. Involuntary termination as in (B) above shall be effective 90 days after action by the City. A. This Agreement contains terms and conditions agreed upon by the parties. The parties agree that there are no other understandings, oral or otherwise, regarding the subject matter of this Agreement. B. During the performance of this Agreement, the City agrees as follows, unless, and to the extent that, this contract is exempt from federal or state equal opportunity and/or affirmative action requirements under applicable laws, regulations, and court decisions including 41 CFR, Ch.60: 1. The City will not discriminate against any employee or applicant for employment because of race, color, creed, sexual orientation, religion, sex, Vietnam era veteran status, disabled veteran condition, age, physical or mental handicap, or national origin. The City will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. The City will take affirmative action to employ, advance in employment, and otherwise treat special qualified disabled or Vietnam era veterans and handicapped individuals without discrimination based upon their disability or veterans' status or physical or mental handicap in employment actions. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and training selection, including apprenticeship. The City agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the local United States Department of Labor Office setting forth the provisions of this Equal Opportunity /Affirmative Action clause. 2. The City will, in all solicitations or advertisements for employees placed by or on behalf of the City, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, 11 physical or mental handicap, or national origin, and that the City is under the legal obligation to take affirmative action to employ, advance in employment, and otherwise treat qualified special disabled or Vietnam era veterans and handicapped individuals without discrimination based upon their disability or veterans' status or physical or mental handicap in all employment actions. All suitable employment openings existing at contract award or occurring during contract performance will be listed at the state employment office in the locality where the opening occurs, provided that this listing requirement shall not apply to openings that the City intends to fill from within its own organization or under a customary and traditional employer -union hiring agreement. 3. The City will send to each representative of workers or labor union with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency Contracting Officer, advising the said labor union or workers' representative of the City's commitments under this Equal Opportunity, Affirmative Action clause, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The City will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor, including, but not limited to, the rules, regulations and orders issued by the Secretary of Labor under the Vietnam Era Veterans' Readjustment Assistance Act of 1972, the Rehabilitation Act of 1974 (29 USC 793), and the Americans with Disabilities Act of 1990. 5. The City will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigations to ascertain compliance with such rules, regulations and orders. 6. The City will not, on grounds of race, color, creed, religion, sexual orientation, political ideology, marital status, sex, age, physical or mental handicap, or national origin: a) Deny an individual any services or other benefits provided under this Agreement; b) Provide any service(s) or other benefits to an individual which are different, or are provided in a different manner from those provided to others under this Agreement; c) Subject an individual to segregation or separate treatment in any manner related to the receipt of any service(s) of other benefits provided under this Agreement; d) Deny any individual an opportunity to participate in any program provided by this Agreement through the provision of services or otherwise, or afford an opportunity to do which is different from that afforded others under this Agreement. The City, in determining (1) the types of services or other benefits to be provided or (2) the class of individuals to whom, or the situation in which, such services or other benefits will be provided or (3) the class of individuals to be afforded an opportunity to participate in any services or other benefits, will not utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination because of their race, color, sexual orientation, religion, sex, age, political ideology, national origin, creed, or the presence of any sensory, mental or physical handicap. 7. In the event of City noncompliance with the nondiscrimination requirements of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated or suspended, in whole or in part, and the City may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 or September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8. The City will include the provisions of paragraphs A through G in every subcontract unless exempt by the rules, regulations, or orders of the Secretary of Labor. 9. The City will not discriminate against any person because of race, creed, political ideology, color, national origin, sex, marital status, sexual orientation, age, the presence of any sensory, mental, or physical handicap, or any other basis not reasonably related to the accomplishment of a legitimate governmental purpose, and shall take whatever affirmative action necessary to accomplish this purpose as defined in the state and federal constitutions and applicable court interpretations. C. Each party agrees to aid and assist the other in accomplishing the objectives of this Agreement. D. The Agreement shall be binding upon the parties hereto, their successors and assigns. XII. EXHIBITS. The following exhibit is attached and incorporated by reference into this Agreement. A. ACCESS User Acknowledgment IN WI�TNSS WHEREOF, We hereunto attach our signatures this day of e o 0),kj,9 A, LA 1998. CITY OF PORT ANGELES: i� =Iflic Mayor Gary Braun Becky J. Up City Clerk %/674, Approved asso form Craig Knutson City Attorney 14 LOWER ELWHA KLALLAM TRIBE: Chiefs financial Oitcer proved as to form r- rrn �',zcn torney XQ a D( .^eG Orv' I. Introduction Since its inception, the National Crime (information 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 CTA 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 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 ACCESS/WACIC /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: 1 WASHINGTON STATE PATROL w ACCESS/WACICINCIC USER ACKNOWLEDGMENT EXHIBIT 1 Operational, technical, and investigative assistance to NCIC users; Telecommunications lines to a state interface: Legal and Legislative review of matters pertaining to NCIC; ACCESS/WACIC/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. f ACCESS/WACIC /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. -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 canceling the record by the CTA. V. 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. ACCESS/WACIC /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. All agencies participating in the ACCESS system must comply with and enforce system security. B. Originating Agency Identifier (ORI) 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 ORI location 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. ACCESS/WACIC /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. 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 NCIC/WACIC audit review. ACCESS/WACIC /NCIC USER ACKNOWLEDGEMENT As an agency head /director serving in the ACCESS/WACIC /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 or 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 ACCESS/WACIC /NCIC services to my agency. ...SJ /V Sz Agency Head (Please Print) ACKNOWLEDGMENT Agency Head sigriature -91e AUGEZeS Agency Name 5 Date PENCOM DISPATCH AND COMPUTER RECORDS SERVICE AGREEMENT THIS AGREEMENT is entered into by and between the City of Port Angeles, a non- charter, code municipal corporation of the State of Washington (hereinafter referred to as "the City and Clallam County Rural Fire Protection District 4, a municipal corporation of the State of Washington (hereinafter referred to as 'District 4" or "the District for fire and emergency medical dispatch and related computer records services provided by the communications and records management center operated by the Port Angeles Police Department, (hereinafter referred to as "PenCom WITNESSETH THAT: 1. WHEREAS, both Port Angeles and District 4 agree that maintaining a single emergency communications facility provides a more efficient, effective and less costly communications link for those people reporting a fire or medical emergency and for those agencies designated to respond to such emergencies, thereby better serving the public; and 2. WHEREAS, a single computer database used by local emergency service providers eliminates duplication and facilitates uniform reporting and recording of fire and emergency medical service events, thereby making critical information immediately available to dispatchers and field personnel during emergencies; and 3. WHEREAS, it is the goal of PenCom to serve the citizens of District 4 and all other Clallam County Public Safety agencies with a consolidated dispatch facility and provide these services on an equitable cost sharing basis for each agency contracting for said services; and 4. WHEREAS, Chapter 39.34 RCW permits local governmental units to make official use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and pursuant to the provisions of RCW 39.34, the parties hereto do agree as follows: I. PURPOSE It is the purpose of this agreement to provide a mechanism whereby Clallam County Rural Fire Protection District 4 may obtain their fire and emergency medical service dispatching and certain computer records services by contracting said services from PenCom, and setting forth the powers, rights and responsibilities of the parties to this agreement. 1 5. 02 41 7 II. DURATION The duration of this Agreement shall be in effect the 1st day of January, 1998 and terminate at midnight on the 31st day of December, 2003, unless this Agreement is sooner modified, extended or terminated in accordance with the terms hereof III. ADVISORY BOARD The parties hereto agree that an advisory board (hereinafter referred to as the "Board shall be the operations policy recommending body for PenCom. The Board shall be composed of a representative from each agency which is a user of PenCom's services under contract. PenCom's manager may, as needs dictate, organize subcommittees necessary for the efficient operation of PenCom. Voting on the board shall be weighted so as to represent the percentage of activity of each user agency based on their average annual number of calls- for service, which shall be first calculated on a one -year, then a two -year base until a three year period of records has been collected; provided that if a full year's figures are unavailable the figures from previous dispatch history may be extrapolated to determine a yearly average. Votes shall be weighted annually in January. Calls- for service of agencies withdrawing from PenCom shall be excluded from the formula set forth in paragraph VIII, 4, of this Agreement. A. The Board may establish by -laws consistent with this Agreement, should the need arise. B. The Board shall have the authority to: 1. Make recommendations for the operation of PenCom in accordance with industry standards. 2. Recommend approval of the joining herein of any other user eligible to participate. 3. Recommend services provided to each user agency including use of PenCom's computerized fire records management systems. 4. Review the financial contributions of the parties hereto, and recommend ad- justments in the same if the Board fmds that any of the parties hereto is bearing an inequitable share of PenCom's costs. 5. Prior to PenCom's budget approval, the manager will, upon request, meet with the Commissioners of District 4, or other user agency legislative body 2 if so requested, to review PenCom's budget and to discuss the Board's recommendations. 6. Decisions reached by the Board shall be by weighted vote of the majority of the membership. IV. JOINING OF OTHER USERS Other governmental bodies or emergency service providers within Clallam County area may make use of PenCom in accordance with the following: A. Each such user agency must execute a written agreement, which is substantially the same in content as this agreement, in accordance with the applicable laws of the State of Washington, agreeing to be bound in all respects, including bearing a proportional share of the capital and annual costs to operate PenCom; B. The City shall, upon recommendation by the Board, charge each user agency either a fixed annual fee for limited Center services, or a fee based on calls- for service and calculated according to section VIII of this Agreement. The District is charged a fixed annual fee under the terms of this Agreement; C. The City shall charge each new user 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 user agency; D. The City shall charge each new user a one time fee based on the new user agency's projected activity with PenCom as reimbursement for costs incurred by the City and County for construction and implementation of PenCom. Any reimbursement fees collected by the City from new users shall be placed in a fund maintained by the City and used solely for the enhancement of PenCom; and, E. Upon approval of the joining of a new user hereto, the manager shall recompute the financial contributions of the various users of PenCom, and shall inform them forth- with of their adjusted contribution for the current calendar year. V. THE CITY OF PORT ANGELES AGREES AS FOLLOWS: A. The City shall sufficiently staff, operate and maintain PenCom, using employees of the City. B. The City shall employ and assign the selected manager, who shall manage the day to -day operations of PenCom. The manager shall be responsible to the City of Port Angeles Chief of Police for the staffing and direction of all personnel employed by PenCom, for budget preparation and management, and for the efficient operation of PenCom, including the development of operating policies and procedures, planning, 3 scheduling, supervision and the maintenance of liaison with the other users of PenCom. C. The City shall maintain records and statistics of the operation of PenCom for administrative and financial purposes. The City shall, upon request of any user agency, furnish a monthly report of activities of PenCom and of each user's utilization of PenCom. D. The City shall provide the following communications and records services: 1. 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. 2. The development and utilization of a computer aided dispatch system for emergency vehicles and units, and provision of necessary information thereto. 3. The development and utilization of a computerized interface between the PenCom computer aided dispatch system and the Sun -Pro Fire Records Management system to be provided to the District as well as other selected user agencies which have contracted with the City for such services. Entry of information and retrieval of data to and from the system shall be the responsibility of the user agency except for that data which is captured during the dispatch process. E. The City shall, without charge to Center users, provide the facility and its necessary support, including, but not limited to electrical, heating, lighting, air conditioning and space for PenCom so long as it is located in existing City buildings. F. Clallam County, as set forth in the Dispatch and Computer Records Service Agreement between the City and Clallam County, an agreement substantially the same as this agreement, shall, without charge to PenCom's users, provide maintenance of the CPU, peripherals, and programs used to run the CAD and records systems, excluding the costs of software and hardware maintenance contracts. The County will provide personnel time for maintenance and programming of the CAD and records system in exchange for the City providing the facility and its support for PenCom. VI. CLALLAM COUNTY FIRE PROTECTION DISTRICT 4 AGREES AS FOLLOWS: A. Reliable communications equipment is essential to successful emergency dispatch and public safety communications. To this end District 4 agrees to maintain in good 4 repair and working order all equipment, wherever located, that is owned or operated by the district for this purpose, excluding only that equipment owned by PenCom. B. The cost of telephone 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 District personnel, or for the purpose of controlling or using such facilities, shall be the sole responsibility of the District. VII. THE PARTIES HERETO AGREE AS FOLLOWS: 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 the license periods and to maintain their base radio stations, repeaters and other radio support equipment outside PenCom's facility. So long as the District shares an operational radio frequency with the City of Port Angeles Fire department the District agrees that technical changes, alterations, modifications or changes in use that may affect said frequency in any way shall not be made without first consulting with the City. B. Liabilities: Except for liability that is subject to immunity as provided by Ch. 38.52 RCW, each party agrees to defend, indemnify and to 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 agent of such party. C. Disputes between parties: Should a dispute arise between the City and any user agency, the parties may resolve the same by submitting the dispute for resolution by negotiation between the parties or 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. 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. D. In the event a dispute over the terms of this agreement reasonably necessitates the procurement of legal services, the prevailing party shall be entitled to a reasonable attorney's fee and costs. 5 VIII. FINANCES A. All expenses incurred by PenCom shall be paid by the City and shared equitably by the City and all other user agencies in accordance with this Agreement. B. It shall be the responsibility of the manager to prepare an annual budget which will include all necessary and required expenditures and anticipated revenues. The budget shall be reviewed by the Board, and, with its recommendation, submitted to the City Council for approval. Upon request of any user agency the manager shall appear before that agency's legislative body regarding the annual budget or financial contributions. C. User agencies shall, on a quarterly basis, make their financial payments for the cost of operation of PenCom. Each user agency will be billed quarterly in equal amounts for their estimated proportional share of the annual operating expenses of PenCom. With the exception of the agencies contributing a fixed annual fee, each agency's annual contribution 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. Fixed annual fees shall be increased by 100% of the Seattle Consumer Price Index (CPI) or 3 whichever is greater, payable the first day of January of each year for the duration of the Agreement. D. Computation of financial contributions for user agencies who contract for PenCom's services on a calls- for service basis shall be as follows: SHARED BUDGET is determined by first reducing the total annual PenCom budget by the amount paid by user agencies who contribute on a fixed fee basis, and any other revenue sources made available to PenCom, with the remainder shared by users on a "percentage of use" basis. 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 Fire Dispatch, and (2) Emergency Medical Dispatch. ADJUSTED PERCENTAGE OF USE for each of the two major dispatch functions of PenCom is calculated by multiplying the Emergency Medical Dispatch activity, expressed as a percentage of use, by a factor of 1.5, the product of which being that portion of the shared budget, expressed as a percentage, for which Emergency Medical Dispatch is responsible, with Law Enforcement and Fire Dispatch responsible for the remaining percentage of the total shared budget. (For example, if during a given year law enforcement and fire dispatches account numerically for 90 percent of the total call- for service activity and EMS dispatches account for 10 percent, the emergency medical dispatches would be calculated at 1.5 times their actual percentage of total calls, and would be responsible for 15 percent *The minimum fixed annual fee is $3,000, payable quarterly upon receipt of invoice billing. 6 of the shared budget. Law enforcement and fire dispatch would be responsible for the remaining 85 percent.) CALL- FOR SERVICE COST is calculated as follows: 1. POLICE and FIRE DISPATCHES: [Adjusted percentage of use] times [shared budget] divided by [total annual number of police and fire calls for- service] equals the [call-for-service cost] for each police or fire dispatch. 2. EMERGENCY MEDICAL DISPATCHES: [Adjusted percentage of use] times [shared budget] divided by [total annual number of EMS calls-for- service] equals the [call-for-service cost] for each emergency medical service dispatch. 3. USER AGENCY FINANCIAL CONTRIBUTION: [Total annual police and/or fire calls-for-serviced times [call-for-service cost for police and fire dispatches] plus [total emergency medical service calls-for-serviced times [individual call-for-service cost for EMS dispatches] equals user agency annual [financial contribution]. WHERE: "USE" means the total call- for service (CFS) count of PenCom. This count does not include activity of any agency who's financial contribution is contracted as a "fixed fee If figures regarding annual calls- for service are unavailable for a particular user or for the entire Center, the City may extrapolate the available figures in order to determine the yearly CFS units of an individual user or PenCom's total annual CFS units. "FINANCIAL CONTRIBUTION" means the proportion of PenCom's total annual budget paid by a user, calculated in accordance with formulae in this section. The contribution may be reduced on a pro rata basis if the user participates in PenCom for less than a year. "CALLS- FOR SERVICE" is defined as any incident which results in one or more emergency services units being dispatched and/or a report or event number being drawn. The manager may adjust agency totals where "calls- for service" are assigned differently between agencies. It shall be the goal of PenCom to maintain a uniform call- for service counting method among the user agencies. E. 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 financial contributions, subject to the approval of the users' legislative bodies. 7 F. The parties to this Agreement may, on behalf of PenCom, 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, applying for and receiving grants of money or equipment from other governments. Such gifts and grants shall not replace any party's fmancial contribution as required by this Agreement, and are the sole property of PenCom. Grant applications shall be prepared under supervision of the manager. IX. PROPERTY AND EQUIPMENT A. Initially, the County and the City of Port Angeles agree to combine designated communications center equipment owned by them respectively, or to be obtained by them for this purpose, into equipping PenCom. B. Equipment, software, and other items purchased or upgraded jointly during Center implementation shall be jointly owned and a record of each agency's contribution toward ownership maintained by the manager. C. Center equipment shall be in the custody of the City of Port Angeles, but ownership shall remain in the contributing agency. The City of Port Angeles shall be responsible for the maintenance of all such equipment in good repair, normal wear and tear excepted. D. Upon initial receipt of custody of equipment from any user whatsoever, the City of Port Angeles shall enter it into a master inventory, describing the equipment fully, including its condition on receipt and the percentage of ownership of each user agency. Should any user withdraw from this Agreement as provided herein, such user shall be credited with or paid the depreciated value of any equipment owned or controlled by it pursuant to this Agreement and the ownership of such equipment shall be deemed transferred to the City. Such payment shall be made within 90 days of the effective date of withdrawal. Equipment jointly purchased shall, upon expiration of this Agreement, become the sole property of the City. E. Purchase and installation of peripheral equipment necessary to provide local user agency access to computerized data maintained by PenCom's CAD or records management systems shall be the responsibility of the user agency and shall only be connected to the CPU upon approval of the manager. F. Other users joining herein may contribute equipment to PenCom in accordance with the foregoing. Should another user, upon joining herein, decide to maintain dispatch services or active base stations in addition to or in lieu of services received from PenCom, it is understood that operational net control remains with PenCom, absent agreement to the contrary. 8 G. Equipment purchased with City budgeted funds after implementation of PenCom shall become the property of the City. X. MODIFICATION, WITHDRAWAL AND TERMINATION A. This Agreement may be modified or extended in duration by mutual agreement of the parties. B. The parties hereto may withdraw from PenCom, terminating this agreement only by legislative act of their respective governing body, communicated to the City in writing. Such withdrawal shall be effective on midnight of December 31, of the year in which notice of withdrawal is tendered and in no case prior to that date. Request to withdraw by either party hereto shall require 3 months advance written notice. C. Termination of this agreement may be imposed upon any user under the following circumstances: D. Upon withdrawal of a user agency or termination of this Agreement, property or equipment owned by the user agency so withdrawing shall be returned (subject to the provisions of Section IX, para 3), or, upon agreement of the parties, PenCom may purchase the property or equipment from the withdrawing agency. XI. GENERAL TERMS 1. The manager determines that a consistent pattern of violation, abuse or disregard of operational policies by a user's personnel exists, and such finding is communicated to the Board in writing. 2. The manager shall consider the recommendations of the Board, and shall attempt to obtain compliance with operational policies by the offending user. If this fails, the City shall have the authority to terminate the user's participation hereunder and exclude the user herefrom. 3. Involuntary termination as in (B) above shall be effective 90 days after action by the City. A. This Agreement contains terms and conditions agreed upon by the parties. The parties agree that there are no other understandings, oral or otherwise, regarding the subject matter of this Agreement. B. During the performance of this Agreement, the City agrees as follows, unless, and to the extent that, this contract is exempt from federal or state equal opportunity and/or 9 affirmative action requirements under applicable laws, regulations, and court decisions including 41 CFR, Ch.60: 1. The City will not discriminate against any employee or applicant for employment because of race, color, religion, sex, Vietnam era veteran status, disabled veteran condition, physical or mental handicap, or national origin. The City will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. The City will take affirmative action to employ, advance in employment, and otherwise treat qualified special disabled or Vietnam era veterans and handicapped individuals without discrimination based upon their disability or veterans' status or physical or mental handicap in all employment actions. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The City agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the local United States Department of Labor Office setting forth the provisions of this Equal Opportunity /Affirmative Action clause. 2. The City will, in all solicitations or advertisements for employees placed by or on behalf of the City, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, physical or mental handicap, or national origin, and that the City is under the legal obligation to take affirmative action to employ, advance in employment, and otherwise treat qualified special disabled or Vietnam era veterans and handicapped individuals without discrimination based upon their disability or veterans' status or physical or mental handicap in all employment actions. All suitable employment openings existing at contract award or occurring during contract performance will be listed at the state employment office in the locality where the opening occurs, provided that this listing requirement shall not apply to openings that the City intends to fill from within its own organization or under a customary and traditional employer -union hiring agreement. 3. The City will send to each representative of workers or labor union with 10 which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency Contracting Officer, advising the said labor union or workers' representative of the City's commitments under this Equal Opportunity, Affirmative Action clause, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The City will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor, including, but not limited to, the rules, regulations and orders issued by the Secretary of Labor under the Vietnam Era Veterans' Readjustment Assistance Act of 1972, the Rehabilitation Act of 1974 (29 USC 793), and the Americans with Disabilities Act of 1990. 5. The City will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigations to ascertain compliance with such rules, regulations and orders. 6. The City will not, on grounds of race, color, religion, sex, physical or mental handicap, or national origin: a) Deny an individual any services or other benefits provided under this Agreement; b) Provide any service(s) or other benefits to an individual which are different, or are provided in a different manner from those provided to others under this Agreement; c) Subject an individual to segregation or separate treatment in any manner related to the receipt of any service(s) of other benefits provided under this Agreement; d) Deny any individual an opportunity to participate in any program provided by this Agreement through the provision of services or otherwise, or afford an opportunity to do which is different from that afforded others under this Agreement. The City, in determining (1) the types of services or other benefits to be provided or (2) the class of individuals to whom, or the situation in which, such services or other benefits will be provided or (3) the 11 class of individuals to be afforded an opportunity to participate in any services or other benefits, will not utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination because of their race, color, sex, religion, national origin, creed, or the presence of any sensory, mental or physical handicap. 7. In the event of City noncompliance with the nondiscrimination requirements of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated or suspended, in whole or in part, and the City may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 or September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8. The City will not discriminate against any person because of race, creed, political ideology, color, national origin, sex, marital status, sexual orientation, age, the presence of any sensory, mental, or physical handicap, or any other basis not reasonably related to the accomplishment of a legitimate governmental purpose, and shall take whatever affirmative action necessary to accomplish this purpose as defined in the state and federal constitutions and applicable court interpretations. 9. The City will include the provisions of paragraphs A through G in every subcontract unless exempt by the rules, regulations, or orders of the Secretary of Labor. C. Each party agrees to aid and assist the other in accomplishing the objectives of this Agreement. D. The Agreement shall be binding upon the parties hereto, their successors and assigns. 12 1 V IN WITNESS WHEREOF, We hereunto attach our signatures this qg day of 19 CITY OF PORT ANGELES: CLALL COUNTY FIRE DISTRICT 4: 9: Rro4xxestDowsiti Gary Braun Mayor Becky J. U City C1erk/Treasimef Approved as to form Craig Knutson City Attorney 13 ommissioner DaTe Commissioner Harold Baar Commissioner ary 6Eower mis Ar. i h oner Joe Larson Commissioner Melvin Wilson Approved as to form Attorney for the District THIS AGREEMENT is entered into by and between the City of Port Angeles, a non- charter, code municipal corporation of the State of Washington (hereinafter referred to as "the City and Clallam County Rural Fire Protection District 2, a municipal corporation of the State of Washington (hereinafter referred to as "District 2" or "the District for fire and emergency medical dispatch and related computer records services provided by the communications and records management center operated by the Port Angeles Police Department, (hereinafter referred to as "PenCom WITNESSETH THAT: 1. WHEREAS, both Port Angeles and District 2 agree that maintaining a single emergency communications facility provides a more efficient, effective and less costly communications link for those people reporting a fire or medical emergency and for those agencies designated to respond to such emergencies, thereby better serving the public; and 2. WHEREAS, a single computer database used by local emergency service providers eliminates duplication and facilitates uniform reporting and recording of fire and emergency medical service events, thereby making critical information immediately available to dispatchers and field personnel during emergencies; and 3. WHEREAS, it is the goal of PenCom to serve the citizens of District 2 and all other Clallam County Public Safety agencies with a consolidated dispatch facility and provide these services on an equitable cost sharing basis for each agency contracting for said services; and 4. WHEREAS, Chapter 39.34 RCW permits local governmental units to make official use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and pursuant to the provisions of RCW 39.34, the parties hereto do agree as follows: I. PURPOSE PENCOM DISPATCH AND COMPUTER RECORDS SERVICE AGREEMENT It is the purpose of this agreement to provide a mechanism whereby Clallam County Rural Fire Protection District 2 may obtain their fire and emergency medical service dispatching and certain computer records services by contracting said services from PenCom, and setting forth the powers, rights and responsibilities of the parties to this agreement. I 5, ,Q47 II. DURATION The duration of this Agreement shall be in effect the 1st day of January, 1998 and terminate at midnight on the 31st day of December, 2003, unless this Agreement is sooner modified, extended or terminated in accordance with the terms hereof. III. ADVISORY BOARD The parties hereto agree that an advisory board (hereinafter referred to as the "Board shall be the operations policy recommending body for PenCom. The Board shall be composed of a representative from each agency which is a user of PenCom's services under contract. PenCom's manager may, as needs dictate, organize subcommittees necessary for the efficient operation of PenCom. Voting on the board shall be weighted so as to represent the percentage of activity of each user agency based on their average annual number of calls- for service, which shall be first calculated on a one -year, then a two -year base until a three year period of records has been collected; provided that if a full year's figures are unavailable the figures from previous dispatch history may be extrapolated to determine a yearly average. Votes shall be weighted annually in January. Calls- for service of agencies withdrawing from PenCom shall be excluded from the formula set forth in paragraph VIII, 4, of this Agreement. A. The Board may establish by -laws consistent with this Agreement, should the need arise. B. The Board shall have the authority to: 1. Make recommendations for the operation of PenCom in accordance with industry standards. 2. Recommend approval of the joining herein of any other user eligible to participate. 3. Recommend services provided to each user agency including use of PenCom's computerized fire records management systems. 4. Review the financial contributions of the parties hereto, and recommend ad- justments in the same if the Board finds that any of the parties hereto is bearing an inequitable share of PenCom's costs. 2 5. Prior to PenCom's budget approval, the manager will, upon request, meet with the Commissioners of District 2, or other user agency legislative body if so requested, to review PenCom's budget and to discuss the Board's recommendations. 6. Decisions reached by the Board shall be by weighted vote of the majority of the membership. IV. JOINING OF OTHER USERS Other governmental bodies or emergency service providers within Clallam County area may make use of PenCom in accordance with the following: A. Each such user agency must execute a written agreement, which is substantially the same in content as this agreement, in accordance with the applicable laws of the State of Washington, agreeing to be bound in all respects, including bearing a proportional share of the capital and annual costs to operate PenCom; B. The City shall, upon recommendation by the Board, charge each user agency either a fixed annual fee for limited Center services, or a fee based on calls- for service and calculated according to section VIII of this Agreement. The District is charged a fee based on calls- for service under the terms of this Agreement; C. The City shall charge each new user 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 user agency; D. The City shall charge each new user a one time fee based on the new user agency's projected activity with PenCom as reimbursement for costs incurred by the City and County for construction and implementation of PenCom. Any reimbursement fees collected by the City from new users shall be placed in a fund maintained by the City and used solely for the enhancement of PenCom; and, E. Upon approval of the joining of a new user hereto, the manager shall recompute the financial contributions of the various users of PenCom, and shall inform them forth- with of their adjusted contribution for the current calendar year. V. THE CITY OF PORT ANGELES AGREES AS FOLLOWS: A. The City shall sufficiently staff, operate and maintain PenCom, using employees of the City. B. The City shall employ and assign the selected manager, who shall manage the day to -day operations of PenCom. The manager shall be responsible to the City of Port Angeles Chief of Police for the staffing and direction of all personnel employed by 3 PenCom, for budget preparation and management, and for the efficient operation of PenCom, including the development of operating policies and procedures, planning, scheduling, supervision and the maintenance of liaison with the other users of PenCom. C. The City shall maintain records and statistics of the operation of PenCom for administrative and financial purposes. The City shall, upon request of any user agency, furnish a monthly report of activities of PenCom and of each user's utilization of PenCom. D. The City shall provide the following communications and records services: 1. 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. 2. The development and utilization of a computer aided dispatch system for emergency vehicles and units, and provision of necessary information thereto. 3. The development and utilization of a computerized interface between the PenCom computer aided dispatch system and the Sun -Pro Fire Records Management system to be provided to the District as well as other selected user agencies which have contracted with the City for such services. Entry of information and retrieval of data to and from the system shall be the responsibility of the user agency except for that data which is captured during the dispatch process. E. The City shall, without charge to Center users, provide the facility and its necessary support, including, but not limited to electrical, heating, lighting, air conditioning and space for PenCom so long as it is located in existing City buildings. F. Clallam County, as set forth in the Dispatch and Computer Records Service Agreement between the City and Clallam County, an agreement substantially the same as this agreement, shall, without charge to PenCom's users, provide maintenance of the CPU, peripherals, and programs used to run the CAD and records systems, excluding the costs of software and hardware maintenance contracts. The County will provide personnel time for maintenance and programming of the CAD and records system in exchange for the City providing the facility and its support for PenCom. 4 I. CLALLAM COUNTY FIRE PROTECTION DISTRICT 2 AGREES AS FOLLOWS: A. Reliable communications equipment is essential to successful emergency dispatch and public safety communications. To this end District 2 agrees to maintain in good repair and working order all equipment, wherever located, that is owned or operated by the district for this purpose, excluding only that equipment owned by PenCom. B. The cost of telephone 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 District personnel, or for the purpose of controlling or using such facilities, shall be the sole responsibility of the District. II. THE PARTIES HERETO AGREE AS FOLLOWS: 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 the license periods and to maintain their base radio stations, repeaters and other radio support equipment outside PenCom's facility. So long as the District shares an operational radio frequency with the City of Port Angeles Fire department the District agrees that technical changes, alterations, modifications or changes in use that may affect said frequency in any way shall not be made without first consulting with the City. B. Liabilities: Except for liability that is subject to immunity as provided by Ch. 38.52 RCW, each party agrees to defend, indemnify and to 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 agent of such party. C. Disputes between parties: Should a dispute arise between the City and any user agency, the parties may resolve the same by submitting the dispute for resolution by negotiation between the parties or 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. 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. 5 D. In the event a dispute over the terms of this agreement reasonably necessitates the procurement of legal services, the prevailing party shall be entitled to a reasonable attorney's fee and costs. III. FINANCES A. All expenses incurred by PenCom shall be paid by the City and shared equitably by the City and all other user agencies in accordance with this Agreement. B. It shall be the responsibility of the manager to prepare an annual budget which will include all necessary and required expenditures and anticipated revenues. The budget shall be reviewed by the Board, and, with its recommendation, submitted to the City Council for approval. Upon request of any user agency the manager shall appear before that agency's legislative body regarding the annual budget or financial contributions. C. User agencies shall, on a quarterly basis, make their financial payments for the cost of operation of PenCom. Each user agency will be billed quarterly in equal amounts for their estimated proportional share of the annual operating expenses of PenCom. Each user agency's annual contribution 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. D. Computation of financial contributions for user agencies who contract for PenCom's services on a calls- for service basis shall be as follows: SHARED BUDGET is determined by first reducing the total annual Center budget by the amount paid by user agencies who contribute on a fixed fee basis, and any other revenue sources made available to PenCom, with the remainder shared by users on a "percentage of use" basis. 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 Fire Dispatch, and (2) Emergency Medical Dispatch. ADJUSTED PERCENTAGE OF USE for each of the two major dispatch functions of PenCom is calculated by multiplying the Emergency Medical Dispatch activity, expressed as a percentage of use, by a factor of 1.5, the product of which being that portion of the shared budget, expressed as a percentage, for which Emergency Medical Dispatch is responsible, with Law Enforcement and Fire Dispatch responsible for the remaining percentage of the total shared budget. (For example, if during a given year law enforcement and fire dispatches account numerically for 90 percent of the total call- for service activity and EMS dispatches account for 10 percent, the emergency medical dispatches would be calculated at 1.5 6 times their actual percentage of total calls, and would be responsible for 15 percent of the shared budget. Law enforcement and fire dispatch would be responsible for the remaining 85 percent.) CALL- FOR SERVICE COST is calculated as follows: 1. POLICE and FIRE DISPATCHES: [Adjusted percentage of use] times [shared budget] divided by [total annual number of police and fire calls for- service] equals the [call-for-service cost] for each police or fire dispatch. 2. EMERGENCY MEDICAL DISPATCHES: [Adjusted percentage of use] times [shared budget] divided by [total annual number of EMS calls-for- service] equals the [call-for-service cost] for each emergency medical service dispatch. 3. USER AGENCY FINANCIAL CONTRIBUTION:, [Total annual police and/or fire calls for service,] times [call-for-service cost for police and fire dispatches] plus [total emergency medical service calls for service,] times [individual call-for-service cost for EMS dispatches] equals user agency annual [financial contribution]. WHERE: "USE" means the total call- for service (CFS) count of PenCom. This count does not include activity of any agency who's financial contribution is contracted as a "fixed fee If figures regarding annual calls- for service are unavailable for a particular user or for the entire Center, the City may extrapolate the available figures in order to determine the yearly CFS units of an individual user or PenCom's total annual CFS units. "FINANCIAL CONTRIBUTION means the proportion of PenCom's total annual budget paid by a user, calculated in accordance with formulae in this section. The contribution may be reduced on a pro rata basis if the user participates in PenCom for less than a year. "CALLS- FOR SERVICE" is defined as any incident which results in one or more emergency services units being dispatched and/or a report or event number being drawn. The manager may adjust agency totals where "calls- for service" are assigned differently between agencies. It shall be the goal of PenCom to maintain a uniform call- for service counting method among the user agencies. E. 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 7 assess each user an additional amount, based on the above computation of financial contributions, subject to the approval of the users' legislative bodies. F. The parties to this Agreement may, on behalf of PenCom, 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, applying for and receiving grants of money or equipment from other governments. Such gifts and grants shall not replace any party's financial contribution as required by this Agreement, and are the sole property of PenCom. Grant applications shall be prepared under supervision of the manager. IV. PROPERTY AND EQUIPMENT A. Initially, the County and the City of Port Angeles agree to combine designated communications center equipment owned by them respectively, or to be obtained by them for this purpose, into equipping PenCom. B. Equipment, software, and other items purchased or upgraded jointly during Center implementation shall be jointly owned and a record of each agency's contribution toward ownership maintained by the manager. C. Center equipment shall be in the custody of the City of Port Angeles, but ownership shall remain in the contributing agency. The City of Port Angeles shall be responsible for the maintenance of all such equipment in good repair, normal wear and tear excepted. D. Upon initial receipt of custody of equipment from any user whatsoever, the City of Port Angeles shall enter it into a master inventory, describing the equipment fully, including its condition on receipt and the percentage of ownership of each user agency. Should any user withdraw from this Agreement as provided herein, such user shall be credited with or paid the depreciated value of any equipment owned or controlled by it pursuant to this Agreement and the ownership of such equipment shall be deemed transferred to the City. Such payment shall be made within 90 days of the effective date of withdrawal. Equipment jointly purchased shall, upon expiration of this Agreement, become the sole property of the City. E. Purchase and installation of peripheral equipment necessary to provide local user agency access to computerized data maintained by PenCom's CAD or records management systems shall be the responsibility of the user agency and shall only be connected to the CPU upon approval of the manager. F. Other users joining herein may contribute equipment to PenCom in accordance with the foregoing. Should another user, upon joining herein, decide to maintain dispatch services or active base stations in addition to or in lieu of services received from 8 PenCom, it is understood that operational net control remains with PenCom, absent agreement to the contrary. G. Equipment purchased with City budgeted funds after implementation of PenCom shall become the property of the City. V. MODIFICATION, WITHDRAWAL AND TERMINATION A. This Agreement may be modified or extended in duration by mutual agreement of the parties. B. The parties hereto may withdraw from PenCom, terminating this agreement only by legislative act of their respective governing body, communicated to the City in writing. Such withdrawal shall be effective on midnight of December 31, of the year in which notice of withdrawal is tendered and in no case prior to that date. Request to withdraw by either party hereto shall require 3 months advance written notice. C. Termination of this agreement may be imposed upon any user under the following circumstances: VI. GENERAL TERMS 1. The manager determines that a consistent pattern of violation, abuse or disregard of operational policies by a user's personnel exists, and such finding is communicated to the Board in writing. 2. The manager shall consider the recommendations of the Board, and shall attempt to obtain compliance with operational policies by the offending user. If this fails, the City shall have the authority to terminate the user's participation hereunder and exclude the user herefrom. 3. Involuntary termination as in (B) above shall be effective 90 days after action by the City. D. Upon withdrawal of a user agency or termination of this Agreement, property or equipment owned by the user agency so withdrawing shall be returned (subject to the provisions of Section IX, para 3), or, upon agreement of the parties, PenCom may purchase the property or equipment from the withdrawing agency. A. This Agreement contains terms and conditions agreed upon by the parties. The parties agree that there are no other understandings, oral or otherwise, regarding the subject matter of this Agreement. 9 B. During the performance of this Agreement, the City agrees as follows, unless, and to the extent that, this contract is exempt from federal or state equal opportunity and/or affirmative action requirements under applicable laws, regulations, and court decisions including 41 CFR, Ch.60: 1. The City will not discriminate against any employee or applicant for employment because of race, color, religion, sex, Vietnam era veteran status, disabled veteran condition, physical or mental handicap, or national origin. The City will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. The City will take affirmative action to employ, advance in employment, and otherwise treat qualified special disabled or Vietnam era veterans and handicapped individuals without discrimination based upon their disability or veterans' status or physical or mental handicap in all employment actions. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The City agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the local United States Department of Labor Office setting forth the provisions of this Equal Opportunity /Affirmative Action clause. 2. The City will, in all solicitations or advertisements for employees placed by or on behalf of the City, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, physical or mental handicap, or national origin, and that the City is under the legal obligation to take affirmative action to employ, advance in employment, and otherwise treat qualified special disabled or Vietnam era veterans and handicapped individuals without discrimination based upon their disability or veterans' status or physical or mental handicap in all employment actions. All suitable employment openings existing at contract award or occurring during contract performance will be listed at the state employment office in the locality where the opening occurs, provided that this listing requirement shall not apply to openings that the City intends to fill from within its own 10 organization or under a customary and traditional employer -union hiring agreement. 3. The City will send to each representative of workers or labor union with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency Contracting Officer, advising the said labor union or workers' representative of the City's commitments under this Equal Opportunity, Affirmative Action clause, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The City will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor, including, but not limited to, the rules, regulations and orders issued by the Secretary of Labor under the Vietnam Era Veterans' Readjustment Assistance Act of 1972, the Rehabilitation Act of 1974 (29 USC 793), and the Americans with Disabilities Act of 1990. 5. The City will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigations to ascertain compliance with such rules, regulations and orders. 6. The City will not, on grounds of race, color, religion, sex, physical or mental handicap, or national origin: a) Deny an individual any services or other benefits provided under this Agreement; b) Provide any service(s) or other benefits to an individual which are different, or are provided in a different manner from those provided to others under this Agreement; c) Subject an individual to segregation or separate treatment in any manner related to the receipt of any service(s) of other benefits provided under this Agreement; d) Deny any individual an opportunity to participate in any program provided by this Agreement through the provision of services or otherwise, or afford an opportunity to do which is different from that afforded others under this Agreement. 11 The City, in determining (1) the types of services or other benefits to be provided or (2) the class of individuals to whom, or the situation in which, such services or other benefits will be provided or (3) the class of individuals to be afforded an opportunity to participate in any services or other benefits, will not utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination because of their race, color, sex, religion, national origin, creed, or the presence of any sensory, mental or physical handicap. 7. In the event of City noncompliance with the nondiscrimination requirements of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated or suspended, in whole or in part, and the City may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 or September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8. The City will not discriminate against any person because of race, creed, political ideology, color, national origin, sex, marital status, sexual orientation, age, the presence of any sensory, mental, or physical handicap, or any other basis not reasonably related to the accomplishment of a legitimate governmental purpose, and shall take whatever affirmative action necessary to accomplish this purpose as defined in the state and federal constitutions and applicable court interpretations. 9. The City will include the provisions of paragraphs A through G in every subcontract unless exempt by the rules, regulations, or orders of the Secretary of Labor. C. Each party agrees to aid and assist the other in accomplishing the objectives of this Agreement. D. The Agreement shall be binding upon the parties hereto, their successors and assigns. 12 IN WITNESS WHEREOF, We hereunto attach our signatures this 6th day of January CITY OF PORT ANGELES: tx Ostorlirx Gary Braun Mayor Becky J. Up City Clerk Approved as o form Craig Knutson City Attorney 1991S. CLALLAM COUNTY FIRE DISTRICT 2: i"/ /7(:/ Commissioner Commissioner 13 Commissioner Approved as to form Attorney for the District I. PURPOSE PENCOM DISPATCH AND COMPUTER RECORDS SERVICE AGREEMENT THIS AGREEMENT is entered into by and between the City of Port Angeles, a non- charter, code municipal corporation of the State of Washington (hereinafter referred to as "the City and Clallam County Rural Fire Protection District 5, a municipal corporation of the State of Washington (hereinafter referred to as "District 5" or "the District for fire and emergency medical dispatch and related computer records services provided by the communications and records management center operated by the Port Angeles Police Department, (hereinafter referred to as "PenCom WITNESSETH THAT: 1. WHEREAS, both Port Angeles and District 5 agree that maintaining a single emergency communications facility provides a more efficient, effective and less costly communications link for those people reporting a fire or medical emergency and for those agencies designated to respond to such emergencies, thereby better serving the public; and 2. WHEREAS, a single computer database used by local emergency service providers eliminates duplication and facilitates uniform reporting and recording of fire and emergency medical service events, thereby making critical information immediately available to dispatchers and field personnel during emergencies; and 3. WHEREAS, it is the goal of PenCom to serve the citizens of District 5 and all other Clallam County Public Safety agencies with a consolidated dispatch facility and provide these services on an equitable cost sharing basis for each agency contracting for said services; and 4. WHEREAS, Chapter 39.34 RCW permits local governmental units to make official use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and pursuant to the provisions of RCW 39.34, the parties hereto do agree as follows: It is the purpose of this agreement to provide a mechanism whereby Clallam County Rural Fire Protection District 5 may obtain their fire and emergency medical service dispatching 1 </7 and certain computer records services by contracting said services from PenCom, and setting forth the powers, rights and responsibilities of the parties to this agreement. II. DURATION The duration of this Agreement shall be in effect the 1st day of January, 1998 and terminate at midnight on the 31st day of December, 2003, unless this Agreement is sooner modified, extended or terminated in accordance with the terms hereof III. ADVISORY BOARD The parties hereto agree that an advisory board (hereinafter referred to as the "Board shall be the operations policy recommending body for PenCom. The Board shall be composed of a representative from each agency which is a user of PenCom's services under contract. PenCom's manager may, as needs dictate, organize subcommittees necessary for the efficient operation of PenCom. Voting on the board shall be weighted so as to represent the percentage of activity of each user agency based on their average annual number of calls- for service, which shall be first calculated on a one -year, then a two -year base until a three year period of records has been collected; provided that if a full year's figures are unavailable the figures from previous dispatch history may be extrapolated to determine a yearly average. Votes shall be weighted annually in January. Calls- for service of agencies withdrawing from PenCom shall be excluded from the formula set forth in paragraph VIII, 4, of this Agreement. A. The Board may establish by -laws consistent with this Agreement, should the need arise. B. The Board shall have the authority to: 1. Make recommendations for the operation of PenCom in accordance with industry standards. 2. Recommend approval of the joining herein of any other user eligible to participate. 3. Recommend services provided to each user agency including use of PenCom's computerized fire records management systems. 2 4. Review the financial contributions of the parties hereto, and recommend ad- justments in the same if the Board finds that any of the parties hereto is bearing an inequitable share of PenCom's costs. 5. Prior to PenCom's budget approval, the manager will, upon request, meet with the Commissioners of District 5, or other user agency legislative body if so requested, to review PenCom's budget and to discuss the Board's recommendations. 6. Decisions reached by the Board shall be by weighted vote of the majority of the membership. IV. JOINING OF OTHER USERS Other governmental bodies or emergency service providers within Clallam County area may make use of PenCom in accordance with the following: A. Each such user agency must execute a written agreement, which is substantially the same in content as this agreement, in accordance with the applicable laws of the State of Washington, agreeing to be bound in all respects, including bearing a proportional share of the capital and annual costs to operate PenCom; B. The City shall, upon recommendation by the Board, charge each user agency either a fixed annual fee for limited Center services, or a fee based 011 calls- for service and calculated according to section VIII of this Agreement. The District is charged a fixed annual fee under the terms of this Agreement; C. The City shall charge each new user 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 user agency; D. The City shall charge each new user a one time fee based on the new user agency's projected activity with PenCom as reimbursement for costs incurred by the City and County for construction and implementation of PenCom. Any reimbursement fees collected by the City from new users shall be placed in a fund maintained by the City and used solely for the enhancement of PenCom; and, E. Upon approval of the joining of a new user hereto, the manager shall recompute the financial contributions of the various users of PenCom, and shall inform them forth- with of their adjusted contribution for the current calendar year. 3 V. THE CITY OF PORT ANGELES AGREES AS FOLLOWS: A. The City shall sufficiently staff, operate and maintain PenCom, using employees of the City. B. The City shall employ and assign the selected manager, who shall manage the day to -day operations of PenCom. The manager shall be responsible to the City of Port Angeles Chief of Police for the staffing and direction of all personnel employed by PenCom, for budget preparation and management, and for the efficient operation of PenCom, including the development of operating policies and procedures, planning, scheduling, supervision and the maintenance of liaison with the other users of PenCom. C. The City shall maintain records and statistics of the operation of PenCom for administrative and financial purposes. The City shall, upon request of any user agency, furnish a monthly report of activities of PenCom and of each user's utilization of PenCom. D. The City shall provide the following communications and records services: 1. 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. 2. The development and utilization of a computer aided dispatch system for emergency vehicles and units, and provision of necessary information thereto. 3. The development and utilization of a computerized interface between the PenCom computer aided dispatch system and the Sun -Pro Fire Records Management system to be provided to the District as well as other selected user agencies which have contracted with the City for such services. Entry of information and retrieval of data to and from the system shall be the responsibility of the user agency except for that data which is captured during the dispatch process. E. The City shall, without charge to Center users, provide the facility and its necessary support, including, but not limited to electrical, heating, lighting, air conditioning and space for PenCom so long as it is located in existing City buildings. F. Clallam County, as set forth in the Dispatch and Computer Records Service Agreement between the City and Clallam County, an agreement substantially the same as this agreement, shall, without charge to PenCom's users, provide 4 maintenance of the CPU, peripherals, and programs used to run the CAD and records systems, excluding the costs of software and hardware maintenance contracts. The County will provide personnel time for maintenance and programming of the CAD and records system in exchange for the City providing the facility and its support for PenCom. VI. CLALLAM COUNTY FIRE PROTECTION DISTRICT 5 AGREES AS FOLLOWS: A. Reliable communications equipment is essential to successful emergency dispatch and public safety communications. To this end District 5 agrees to maintain in good repair and working order all equipment, wherever located, that is owned or operated by the district for this purpose, excluding only that equipment owned by PenCom. B. The cost of telephone 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 District personnel, or for the purpose of controlling or using such facilities, shall be the sole responsibility of the District. VII. THE PARTIES HERETO AGREE AS FOLLOWS: 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 the license periods and to maintain their base radio stations, repeaters and other radio support equipment outside PenCom's facility. So long as the District shares an operational radio frequency with the City of Port Angeles Fire department the District agrees that technical changes, alterations, modifications or changes in use that may affect said frequency in any way shall not be made without first consulting with the City. B. Liabilities: Except for liability that is subject to immunity as provided by Ch. 38.52 RCW, each party agrees to defend, indemnify and to 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 agent of such party. 5 C. Disputes between parties: D. In the event a dispute over the terms of this agreement reasonably necessitates the procurement of legal services, the prevailing party shall be entitled to a reasonable attorney's fee and costs. VIII. FINANCES Should a dispute arise between the City and any user agency, the parties may resolve the same by submitting the dispute for resolution by negotiation between the parties or 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. 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. A. All expenses incurred by PenCom shall be paid by the City and shared equitably by the City and all other user agencies in accordance with this Agreement. B. It shall be the responsibility of the manager to prepare an annual budget which will include all necessary and required expenditures and anticipated revenues. The budget shall be reviewed by the Board, and, with its recommendation, submitted to the City Council for approval. Upon request of any user agency the manager shall appear before that agency's legislative body regarding the annual budget or financial contributions. C. User agencies shall, on a quarterly basis, make their financial payments for the cost of operation of PenCom. Each user agency will be billed quarterly in equal amounts for their estimated proportional share of the annual operating expenses of PenCom. With the exception of the agencies contributing a fixed annual fee, each agency's annual contribution 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. Fixed annual fees shall be increased by 100% of the Seattle Consumer Price Index (CPI) or 3 whichever is greater, payable the first day of January of each year for the duration of the Agreement. D. Computation of fmancial contributions for user agencies who contract for PenCom's services on a calls- for service basis shall be as follows: SHARED BUDGET is determined by first reducing the total annual Center budget by the amount paid by user agencies who contribute on a fixed fee basis, and any 6 other revenue sources made available to PenCom, with the remainder shared by users on a "percentage of use" basis. 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 Fire Dispatch, and (2) Emergency Medical Dispatch. ADJUSTED PERCENTAGE OF USE for each of the two major dispatch functions of PenCom is calculated by multiplying the Emergency Medical Dispatch activity, expressed as a percentage of use, by a factor of 1.5, the product of which being that portion of the shared budget, expressed as a percentage, for which Emergency Medical Dispatch is responsible, with Law Enforcement and Fire Dispatch responsible for the remaining percentage of the total shared budget. (For example, if during a given year law enforcement and fire dispatches account numerically for 90 percent of the total call- for service activity and EMS dispatches account for 10 percent, the emergency medical dispatches would be calculated at 1.5 times their actual percentage of total calls, and would be responsible for 15 percent of the shared budget. Law enforcement and fire dispatch would be responsible for the remaining 85 percent.) CALL- FOR SERVICE COST is calculated as follows: 1. POLICE and FIRE DISPATCHES: [Adjusted percentage of use] times [shared budget] divided by [total annual number of police and fire calls for- service] equals the [call-for-service cost] for each police or fire dispatch. 2. EMERGENCY MEDICAL DISPATCHES: [Adjusted percentage of use] times [shared budget] divided by [total annual number of EMS calls service] equals the [call cost] for each emergency medical service dispatch. 3. USER AGENCY FINANCIAL CONTRIBUTION: [Total annual police and/or fire calls-for-serviced times [call-for-service cost for police and fire dispatches] plus [total emergency medical service calls-for-service J times [individual call-for-service cost for EMS dispatches] equals user agency annual [financial contribution]. WHERE: "USE" means the total call- for service (CFS) count of PenCom. This count does not include activity of any agency who's financial contribution is contracted as a "fixed fee If figures regarding annual calls- for service are unavailable for a particular user or for the entire Center, the City may extrapolate the available figures in order to determine the yearly CFS units of an individual user or PenCom's total annual CFS units. "FINANCIAL CONTRIBUTION" means the proportion of PenCom's total annual budget paid by a user, calculated in accordance with formulae in this section. The contribution may be reduced on a pro rata basis if the user participates in PenCom for less than a year. "CALLS- FOR SERVICE" is defined as any incident which results in one or more emergency services units being dispatched and/or a report or event number being drawn. The manager may adjust agency totals where "calls- for service" are assigned differently between agencies. It shall be the goal of PenCom to maintain a uniform call- for service counting method among the user agencies. E. 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 financial contributions, subject to the approval of the users' legislative bodies. F. The parties to this Agreement may, on behalf of PenCom, 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, applying for and receiving grants of money or equipment from other governments. Such gifts and grants shall not replace any party's financial contribution as required by this Agreement, and are the sole property of PenCom. Grant applications shall be prepared under supervision of the manager. IX. PROPERTY AND EQUIPMENT A. Initially, the County and the City of Port Angeles agree to combine designated communications center equipment owned by them respectively, or to be obtained by them for this purpose, into equipping PenCom. B. Equipment, software, and other items purchased or upgraded jointly during Center implementation shall be jointly owned and a record of each agency's contribution toward ownership maintained by the manager. C. Center equipment shall be in the custody of the City of Port Angeles, but ownership shall remain in the contributing agency. The City of Port Angeles shall be 8 responsible for the maintenance of all such equipment in good repair, normal wear and tear excepted. D. Upon initial receipt of custody of equipment from any user whatsoever, the City of Port Angeles shall enter it into a master inventory, describing the equipment fully, including its condition on receipt and the percentage of ownership of each user agency. Should any user withdraw from this Agreement as provided herein, such user shall be credited with or paid the depreciated value of any equipment owned or controlled by it pursuant to this Agreement and the ownership of such equipment shall be deemed transferred to the City. Such payment shall be made within 90 days of the effective date of withdrawal. Equipment jointly purchased shall, upon expiration of this Agreement, become the sole property of the City. E. Purchase and installation of peripheral equipment necessary to provide local user agency access to computerized data maintained by PenCom's CAD or records management systems shall be the responsibility of the user agency and shall only be connected to the CPU upon approval of the manager. F. Other users joining herein may contribute equipment to PenCom in accordance with the foregoing. Should another user, upon joining herein, decide to maintain dispatch services or active base stations in addition to or in lieu of services received from PenCom, it is understood that operational net control remains with PenCom, absent agreement to the contrary. G. Equipment purchased with City budgeted funds after implementation of PenCom shall become the property of the City. X. MODIFICATION, WITHDRAWAL AND TERMINATION A. This Agreement may be modified or extended in duration by mutual agreement of the parties. B. The parties hereto may withdraw from PenCom, terminating this agreement only by legislative act of their respective governing body, communicated to the City in writing. Such withdrawal shall be effective on midnight of December 31, of the year in which notice of withdrawal is tendered and in no case prior to that date. Request to withdraw by either party hereto shall require 3 months advance written notice. C. Termination of this agreement may be imposed upon any user under the following circumstances: 9 XI. GENERAL TERMS 1. The manager determines that a consistent pattern of violation, abuse or disregard of operational policies by a user's personnel exists, and such finding is communicated to the Board in writing. 2. The manager shall consider the recommendations of the Board, and shall attempt to obtain compliance with operational policies by the offending user. If this fails, the City shall have the authority to terminate the user's participation hereunder and exclude the user herefrom. 3. Involuntary termination as in (B) above shall be effective 90 days after action by the City. D. Upon withdrawal of a user agency or termination of this Agreement, property or equipment owned by the user agency so withdrawing shall be returned (subject to the provisions of Section IX, para 3), or, upon agreement of the parties, PenCom may purchase the property or equipment from the withdrawing agency. A. This Agreement contains terms and conditions agreed upon by the parties. The parties agree that there are no other understandings, oral or otherwise, regarding the subject matter of this Agreement. B. During the performance of this Agreement, the City agrees as follows, unless, and to the extent that, this contract is exempt from federal or state equal opportunity and/or affirmative action requirements under applicable laws, regulations, and court decisions including 41 CFR, Ch.60: 1. The City will not discriminate against any employee or applicant for employment because of race, color, religion, sex, Vietnam era veteran status, disabled veteran condition, physical or mental handicap, or national origin. The City will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. The City will take affirmative action to employ, advance in employment, and otherwise treat qualified special disabled or Vietnam era veterans and handicapped individuals without discrimination based upon their disability or veterans' status or physical or mental handicap in all employment actions. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment 10 advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The City agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the local United States Department of Labor Office setting forth the provisions of this Equal Opportunity /Affirmative Action clause. 2. The City will, in all solicitations or advertisements for employees placed by or on behalf of the City, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, physical or mental handicap, or national origin, and that the City is under the legal obligation to take affirmative action to employ, advance in employment, and otherwise treat qualified special disabled or Vietnam era veterans and handicapped individuals without discrimination based upon their disability or veterans' status or physical or mental handicap in all employment actions. All suitable employment openings existing at contract award or occurring during contract performance will be listed at the state employment office in the locality where the opening occurs, provided that this listing requirement shall not apply to openings that the City intends to fill from within its own organization or under a customary and traditional employer -union hiring agreement. 3. The City will send to each representative of workers or labor union with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency Contracting Officer, advising the said labor union or workers' representative of the City's commitments under this Equal Opportunity, Affirmative Action clause, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The City will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor, including, but not limited to, the rules, regulations and orders issued by the Secretary of Labor under the Vietnam Era Veterans' Readjustment Assistance Act of 1972, the Rehabilitation Act of 1974 (29 USC 793), and the Americans with Disabilities Act of 1990. 5. The City will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and 11 orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigations to ascertain compliance with such rules, regulations and orders. 6. The City will not, on grounds of race, color, religion, sex, physical or mental handicap, or national origin: a) Deny an individual any services or other benefits provided under this Agreement; b) Provide any service(s) or other benefits to an individual which are different, or are provided in a different manner from those provided to others under this Agreement; c) Subject an individual to segregation or separate treatment in any manner related to the receipt of any service(s) of other benefits provided under this Agreement; d) Deny any individual an opportunity to participate in any program provided by this Agreement through the provision of services or otherwise, or afford an opportunity to do which is different from that afforded others under this Agreement. The City, in determining (1) the types of services or other benefits to be provided or (2) the class of individuals to whom, or the situation in which, such services or other benefits will be provided or (3) the class of individuals to be afforded an opportunity to participate in any services or other benefits, will not utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination because of their race, color, sex, religion, national origin, creed, or the presence of any sensory, mental or physical handicap. 7. In the event of City noncompliance with the nondiscrimination requirements of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated or suspended, in whole or in part, and the City may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 or September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise 12 provided by law. 8. The City will not discriminate against any person because of race, creed, political ideology, color, national origin, sex, marital status, sexual orientation, age, the presence of any sensory, mental, or physical handicap, or any other basis not reasonably related to the accomplishment of a legitimate governmental purpose, and shall take whatever affirmative action necessary to accomplish this purpose as defined in the state and federal constitutions and applicable court interpretations. 9. The City will include the provisions of paragraphs A through G in every subcontract unless exempt by the rules, regulations, or orders of the Secretary of Labor. C. Each party agrees to aid and assist the other in accomplishing the objectives of this Agreement. D. The Agreement shall be binding upon the parties hereto, their successors and assigns. 13 IN WITNESS WHEREOF, We hereunto attach our signatures this 1.K day of urn. bQR 1997. CITY OF PORT ANGELES: Pre;pepaattromaki< Gary Braun Mayor Becky J. City Clerk Commissioner O ,e,.74,„„ Approved as toOform Commissioner Craig Knutson City Attorney 14 CLALLAM COUNTY FIRE DISTRICT 5: Commissioner Approved as to form Attorney for the District *PENCOM DISPATCH AND COMPUTER RECORDS SERVICE AGREEMENT THIS AGREEMENT is entered into by and between the City of Port Angeles, a non- charter, code municipal corporation of the State of Washington (hereinafter referred to as "the City and the City of Sequim, a non charter code municipal corporation of the State of Washington (hereinafter referred to as "Sequim for police, fire and emergency medical dispatch and certain related computer records services provided by the emergency communications and records management center operated by the Port Angeles Police Department, (hereinafter referred to as "PenCom WITNESSETH THAT: 1. WHEREAS, both Port Angeles and Sequim agree that combining their emergency communication operations will provide a more efficient, effective and less costly communications link for those people reporting a fire, medical or law enforcement emergency and for those agencies designated to respond to such emergencies, thereby better serving the public; and 2. WHEREAS, combining certain computer databases and record services among local emergency service providers eliminates duplication and facilitates uniform reporting and recording of law enforcement, fire and emergency medical service events, thereby making critical information immediately available to dispatchers and field personnel during emergencies; and 3. WHEREAS, it is the goal of PenCom to serve the citizens of Sequim and all other Clallam County Public Safety agencies by consolidating dispatch facilities and providing these services on an equitable cost sharing basis for each agency contracting for said services; and 4. WHEREAS, Chapter 39.34 RCW permits local government units to make official use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and pursuant to the provisions of RCW 39.34, the parties hereto do agree as follows: 1. PURPOSE It is the purpose of this agreement to provide a mechanism whereby the City of Sequim may obtain their law enforcement, fire and emergency medical service dispatching and certain computer records services by contracting said services from PenCom and setting forth the powers, rights and responsibilities of the parties to this agreement. 1 II. DURATION The duration of this Agreement shall be in effect the 1st day of January, 1998 and terminate at midnight on the 31st day of December, 2003, unless this Agreement is sooner modified, extended or terminated in accordance with the terms hereof. III. ADVISORY BOARD The parties hereto agree that an advisory board (hereinafter referred to as the "Board shall be the operations policy recommending body for PenCom. The Board shall be composed of a representative from each agency which is a user of PenCom's services under contract. PenCom's manager may, as needs dictate, organize subcommittees necessary for efficient operation of PenCom. Voting on the board shall be weighted so as to represent the percentage of activity of each user agency based on their average annual number of calls- for service, which shall be first calculated on a one -year, then a two -year base until a three year period of records has been collected, provided that if a full year's figures are unavailable the figures from previous dispatch history may be extrapolated to determine a yearly average. Votes shall be weighted annually in January. Calls- for service of agencies withdrawing from PenCom shall be excluded from the formula set forth in paragraph VIII, 4, of this Agreement. A. The Board may establish by -laws consistent with this Agreement, should the need arise. B. The Board shall have the authority to: 1. Make recommendations for the operation of PenCom in accordance with industry standards. 2. Recommend approval of the joining herein of any other user eligible to participate. 3. Recommend services provided to each user agency including use of PenCom's computerized law enforcement and fire records management systems. 4. Review the financial contributions of the parties hereto, and recommend ad- justments in the same if the Board fmds that any of the parties hereto is bearing an inequitable share of PenCom's costs. 2 5. Prior to PenCom's budget approval, the manager will, upon request, meet with the City Council of Sequim, or other user agency legislative body if so requested, to review PenCom's budget and to discuss the Board's recommendations. C. Decisions reached by the Board shall be by weighted vote of the majority of the membership. IV. JOINING OF OTHER USERS Other governmental bodies or emergency service providers within Clallam County area may make use of PenCom in accordance with the following: A. Each such user agency must execute a written agreement, which is substantially the same in content as this agreement, in accordance with the applicable laws of the State of Washington, agreeing to be bound in all respects, including bearing a proportional share of the capital and annual costs to operate PenCom; B. The City shall, upon recommendation by the Board, charge each user agency either a fixed annual fee for limited Center services, or a fee based on calls- for service and calculated according to section VIII of this Agreement. Sequim is charged a fee based on calls- for service under the terms of this Agreement; C. The City shall charge each new user 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 user agency; D. The City shall charge each new user a one time fee based on the new user agency's projected activity with PenCom as reimbursement for costs incurred by the City and County for construction and implementation of PenCom. Any reimbursement fees collected by the City from new users shall be placed in a fund maintained by the City and used solely for enhancement of PenCom; and, E. Upon approval of the joining of a new user hereto, the manager shall recompute the financial contributions of the various users of PenCom, and shall inform them forth- with of their adjusted contribution for the current calendar year. V. THE CITY OF PORT ANGELES AGREES AS FOLLOWS: A. The City shall sufficiently staff, operate and maintain PenCom, using employees of the City. 3 B. The City shall employ and assign the selected manager, who shall supervise the day to -day operations of PenCom. The manager shall be responsible to the City of Port Angeles Chief of Police for the staffing and direction of all personnel employed by PenCom, for budget preparation and management, and for the efficient operation of PenCom, including the development of operating policies and procedures, scheduling, supervision and maintenance of liaison with the other users of PenCom. C. The City shall maintain records and statistics of the operation of PenCom for administrative and financial purposes. The City shall, upon request of any user agency, furnish a monthly report of activities of PenCom and of each user's utilization of PenCom. D. The City shall provide the following communications and records services: 1. 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. 2. The development and utilization of a computer aided dispatch system for emergency vehicles and units, and provision of necessary information thereto. 3. The development and utilization of a computerized law enforcement and fire records management system to provide information to Sequim as well as other selected user agencies which have contracted with the City for such services. Entry of information and retrieval of data to and from the system shall be the responsibility of the user agency having such capability, except for that data which is captured during the dispatch process. The system shall include, in addition to computer aided dispatch, at minimum, the following: a) Master Name Search containing an index of records of all agencies subscribing to PenCom; b) Incident Report entry /modification and generation to include incident header, involved persons, involved property, involved vehicles and narrative; c) Criminal History Records; d) Report generation capability for Uniform Crime Report (UCR), Incident Based Reporting (IBR format), manpower allocation, crime analysis, and management reports; 4 e) Evidence management; f) Warrants, wants, stolen vehicles and stolen property files, address activity files, and other standard police record files searchable with limited or partial information. g) An interface with the State ACCESS computer system. 4. All records and reports will be maintained uniquely by user agency, including security of access. 5. The sending, receipt and advice of all teletype messages addressed to or from parties hereto that are pertinent to the operation of PenCom, the dispatching of their public safety personnel, or as determined by other policy. 6. Entry and maintenance of warrants and domestic violence records including, but not limited to timely and accurate local, state and national database entry, recording of service, recall and other activity in both local, state and national systems; maintenance and auditing of paper files for all three systems. 7. The performance of other tasks and services necessary and proper for the efficient operation of a comprehensive emergency communications system. E. The City shall, without charge to Center users, provide the facility and its necessary support, including, but not limited to electrical, heating, lighting, air conditioning and space for PenCom so long as it is located in existing City buildings. F. Clallam County, as set forth in the Dispatch and Computer Records Service Agreement between the City and Clallam County, an agreement substantially the same as this agreement, shall without charge to PenCom's users, provide maintenance of the CPU, peripherals, and programs used to run the CAD and records systems, excluding the costs of software and hardware maintenance contracts. The County will provide personnel time for maintenance and programming of the CAD and records system in exchange for the City providing the facility and its support for PenCom. VI. THE CITY OF SEQUIN AGREES AS FOLLOWS: A. Reliable communications equipment is essential to successful emergency dispatch and public safety communications. In the event Sequim purchases their own equipment, such equipment shall include, but not be limited to: 5 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; 2. An emergency power source for the above communications equipment, capable of at least 8 hours of sustained operation without commercial power. Such emergency power source shall sense a commercial power failure and automatically start and/or transfer said equipment to the emergency power source. B. The cost of telephone 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 Sequim police personnel, or for the purpose of controlling or using such facilities, shall be the sole responsibility of Sequim. C. Accurate and timely information in law enforcement computer systems is vital to the mission of police departments. Sequim agrees to comply with all applicable provisions of the ACCESS User Acknowledgment in Exhibit 1. VII. THE PARTIES HERETO AGREE AS FOLLOWS: 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 the license periods and to maintain their base radio stations, repeaters and other radio support equipment outside PenCom's facility. B. Liabilities: Except for liability that is subject to immunity as provided by Ch. 38.52 RCW, each party agrees to defend, indemnify and to 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 agent of such party. C. Disputes between parties: Should a dispute arise between the City and any user agency, the parties may resolve the same by submitting the dispute for resolution by negotiation between the parties or 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. 6 VIII. FINANCES 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 a dispute over the terms of this agreement reasonably necessitates the procurement of legal services, the prevailing party shall be entitled to a reasonable attorney's fee and costs. A. All expenses incurred by PenCom shall be paid by the City and shared equitably by the City and all other user agencies in accordance with this Agreement. B. It shall be the responsibility of the manager to prepare an annual budget which will include all necessary and required expenditures and anticipated revenues. The budget shall be reviewed by the Board, and, with its recommendation, submitted to the City Council for approval. Upon request of any user agency, the manager shall appear before that agency's legislative body regarding the annual budget or financial contributions. C. User agencies shall, on a quarterly basis, make their financial payments for the cost of operation of PenCom. Each user agency will be billed quarterly in equal amounts for their estimated proportional share of the annual operating expenses of PenCom. With the exception of the agencies contributing a fixed annual fee, each agency's annual contribution 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. D. Computation of financial contributions for user agencies who contract for PenCom's services on a calls- for service basis shall be as follows: SHARED BUDGET is determined by first reducing the total annual Center budget by the amount paid by user agencies who contribute on a fixed fee basis, and any other revenue sources made available to PenCom, with the remainder shared by users on a "percentage of use" basis. 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 Fire Dispatch, and (2) Emergency Medical Dispatch. ADJUS IED PERCENTAGE OF USE for each of the two major dispatch functions of PenCom is calculated by multiplying the Emergency Medical Dispatch activity, expressed as a percentage of use, by a factor of 1.5, the product of which being the 7 portion of the shared budget, expressed as a percentage, for which Emergency Medical Dispatch is responsible, with Law Enforcement and Fire Dispatch responsible for the remaining percentage of the total shared budget. (For example, if during a given year law enforcement dispatches account numerically for 88 percent of the total call- for service activity and fire and emergency medical account for 12 percent, the emergency medical dispatches would be calculated at 1.38 times their actual percentage of total calls, and would be responsible for 16.56 percent of the shared budget. Law enforcement dispatch would be responsible for the remaining 83.44 percent of the budget.) CALL- FOR SERVICE COST is calculated as follows: 1. LAW ENFORCEMENT DISPATCHES: [Adjusted percentage of use] times [shared budget] divided by [total annual number of law enforcement calls-for-service] equals [call-for-service cost] for each law enforcement dispatch. 2. FIRE AND EMERGENCY MEDICAL DISPATCHES: [Adjusted percentage of use] times [shared budget] divided by [total annual number of fire and emergency medical calls-for-service] equals the [call-for-service cost] for each fire and emergency medical service dispatch. 3. USER AGENCY FINANCIAL CONTRIBUTION: [Total annual law enforcement calls for service,] times [call-for-service cost for law enforcement dispatches] plus [total fire and emergency medical service calls for service,] times [individual call-for-service cost for fire and emergency medical dispatches] equals user agency annual financial contribution]. WHERE: "USE" means the total call- for service (CFS) count of PenCom. This count does not include activity of any agency who's financial contribution is contracted as a "fixed fee If figures regarding annual calls- for service are unavailable for a particular user or for the entire Center, the City may extrapolate the available figures in order to determine the yearly CFS units of an individual user, or PenCom's total annual CFS units. "FINANCIAL CONTRIBUTION" means the proportion of PenCom's total annual budget paid by a user, calculated in accordance with formulae in this section. The contribution may be reduced on a pro rata basis if the user participates in PenCom less than a full year. "CALLS- FOR SERVICE" is defined as any incident which results in one or more emergency services units being dispatched and/or a report or event number being drawn. The manager may adjust agency totals where "calls- for service" are assigned differently between agencies. It shall be the goal of PenCom to maintain a uniform call- for service counting method among the user agencies. E. 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 financial contributions, subject to the approval of the users' legislative bodies. F. The parties to this Agreement may, on behalf of PenCom, 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, applying for and receiving grants of money or equipment from other governments. Such gifts and grants shall not replace any party's financial contribution as required by this Agreement, and are the sole property of PenCom. Grant applications shall be prepared under supervision of the manager. IX. PROPERTY AND EQUIPMENT A. Equipment, software, and other items purchased or upgraded jointly during PenCom implementation shall be jointly owned and a record of each agency's contribution toward ownership maintained by the manager. B. PenCom equipment shall be in the custody of the City of Port Angeles, but ownership shall remain in the contributing agency. The City of Port Angeles shall be responsible for the maintenance of all such equipment in good repair, normal wear and tear excepted. Upon initial receipt of custody of equipment from any user whatsoever, the City of Port Angeles shall enter it into a master inventory, describing the equipment fully, including its condition on receipt and the percentage of ownership of each user agency. Should any user withdraw from this Agreement as provided herein, such user shall be credited with or paid the depreciated value of any equipment owned or controlled by it pursuant to this Agreement and the ownership of such equipment shall be deemed transferred to the City. Such payment shall be made within 90 days of the effective date of withdrawal. Equipment jointly purchased shall, upon expiration of this Agreement, become the sole property of the City. C. Purchase and installation of peripheral equipment necessary to provide local user agency access to computerized data maintained by PenCom's CAD or records 9 management systems shall be the responsibility of the user agency and shall only be connected to the CPU upon approval of the manager. D. Other users joining herein may contribute equipment to PenCom in accordance with the foregoing. Should another user, upon joining herein, decide to maintain dispatch services or active base stations in addition to or in lieu of services received from PenCom, it is understood that operational net control remains with PenCom, absent agreement to the contrary. E. Equipment purchased with City budgeted funds after implementation of PenCom shall become the property of the City. X. MODIFICATION, WITHDRAWAL AND TERMINATION A. This Agreement may be modified or extended in duration by mutual agreement of the parties. B. The parties hereto may withdraw from PenCom, terminating this agreement only by legislative act of their respective governing body, communicated to the City in writing. Such withdrawal shall be effective on midnight of December 31, of the year in which notice of withdrawal is tendered and in no case prior to that date. Request to withdraw by either party hereto shall require 3 months advance written notice. C. Termination of this agreement may be imposed upon any user under the following circumstances: 1. The manager determines that a consistent pattern of violation, abuse or disregard of operational policies by a user's personnel exists, and such finding is communicated to the Board in writing. 2. The manager shall consider the recommendations of the Board, and shall attempt to obtain compliance with operational policies by the offending user. If this fails, the City shall have the authority to terminate the user's participation hereunder and exclude the user herefrom. 3. Involuntary termination as in (B) above shall be effective 90 days after action by the City. D. Upon withdrawal of a user agency or termination of this Agreement, property or equipment owned by the user agency so withdrawing shall be returned (subject to the provisions of Section IX, paragraph 3), or, upon agreement of the parties, PenCom may purchase the property or equipment from the withdrawing agency. 10 XI. GENERAL TERMS A. This Agreement contains terms and conditions agreed upon by the parties. The parties agree that there are no other understandings, oral or otherwise, regarding the subject matter of this Agreement. B. During the performance of this Agreement, the City agrees as follows, unless, and to the extent that, this contract is exempt from federal or state equal opportunity and/or affirmative action requirements under applicable laws, regulations, and court decisions including 41 CFR, Ch.60: 1. The City will not discriminate against any employee or applicant for employment because of race, color, religion, sex, Vietnam era veteran status, disabled veteran condition, physical or mental handicap, or national origin. The City will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. The City will take affirmative action to employ, advance in employment, and otherwise treat special qualified disabled or Vietnam era veterans and handicapped individuals without discrimination based upon their disability or veterans' status or physical or mental handicap in employment actions. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and training selection, including apprenticeship. The City agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the local United States Department of Labor Office setting forth the provisions of this Equal Opportunity /Affirmative Action clause. 2. The City will, in all solicitations or advertisements for employees placed by or on behalf of the City, state that all qualified applicants will receive consideration for employment without regard to race, color, creed, sexual orientation, age, religion, sex, physical or mental handicap, or national origin, and that the City is under the legal obligation to take affirmative action to employ, advance in employment, and otherwise treat qualified special disabled or Vietnam era veterans and handicapped individuals without discrimination based upon their disability or veterans' status or physical or mental handicap in all employment actions. 11 All suitable employment openings existing at contract award or occurring during contract performance will be listed at the state employment office in the locality where the opening occurs, provided that this listing requirement shall not apply to openings that the City intends to fill from within its own organization or under a customary and traditional employer -union hiring agreement. 3. The City will send to each representative of workers or labor union with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency Contracting Officer, advising the said labor union or workers' representative of the City's commitments under this Equal Opportunity, Affirmative Action clause, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The City will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor, including, but not limited to, the rules, regulations and orders issued by the Secretary of Labor under the Vietnam Era Veterans' Readjustment Assistance Act of 1972, the Rehabilitation Act of 1974 (29 USC 793), and the Americans with Disabilities Act of 1990. 5. The City will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigations to ascertain compliance with such rules, regulations and orders. 6. The City will not, on grounds of race, color, creed, religion, sex, physical or mental handicap, age, sexual orientation, marital status, political ideology or national origin: a) Deny an individual any services or other benefits provided under this Agreement; b) Provide any service(s) or other benefits to an individual which are different, or are provided in a different manner from those provided to others under this Agreement; c) Subject an individual to segregation or separate treatment in any manner related to the receipt of any service(s) of other benefits provided under this Agreement; 12 d) Deny any individual an opportunity to participate in any program provided by this Agreement through the provision of services or otherwise, or afford an opportunity to do which is different from that afforded others under this Agreement. The City, in determining (1) the types of services or other benefits to be provided or (2) the class of individuals to whom, or the situation in which, such services or other benefits will be provided or (3) the class of individuals to be afforded an opportunity to participate in any services or other benefits, will not utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination because of their race, color, sex, religion, national origin, creed, or the presence of any sensory, mental or physical handicap. 7. In the event of City noncompliance with the nondiscrimination requirements of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated or suspended, in whole or in part, and the City may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 or September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8. The City will include the provisions of paragraphs A through G in every subcontract unless exempt by the rules, regulations, or orders of the Secretary of Labor. 9. The City will not discriminate against any person because of race, creed, political ideology, color, national origin, sex, marital status, sexual orientation, age, the presence of any sensory, mental, or physical handicap, or any other basis not reasonably related to the accomplishment of a legitimate governmental purpose, and shall take whatever affirmative action necessary to accomplish this purpose as defined in the state and federal constitutions and applicable court interpretations. C. Each party agrees to aid and assist the other in accomplishing the objectives of this Agreement. D. The Agreement shall be binding upon the parties hereto, their successors and assigns. 13 XII. EXHIBITS. The following exhibit is attached and incorporated by reference into this Agreement. A. ACCESS User Acknowledgment CITY OF PORT ANGELES: PO /C LA-04.N Vittveax@strowski Gary Braun Mayor gct ai,, lo k Becky J. U City Clerk IN WITNESS WHEREOF, We hereunto attach our signatures this 10th day of Nnn,Pmher 1997. Approved a to form Craig Knutson City Attorney 14 CITY OF SEQUIM: gill Thomas Mayor Loma Muirhead ity Clerk/Treasurer pproved as to form Craig Ritchie City Attorney 29/.4i,I,Let_,,, 1. Introduction uuN■almink WASHINGTO STATE PATROL w z ACCESSIWACIC/NCIC USER ACKNOWLEDGMENT EXHIBIT 1 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 CTA 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 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 ACCESS/WACIC /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: Operational, technical, and investigative assistance to NCIC users; Telecommunications lines to a state interface; Legal and Legislative review of matters pertaining to NCIC; ACCESS/WACIC /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 (111) 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; ACCESS/WACIC 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 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 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 Level 11 certified. The TAC shall be responsible for ensuring his /her agency is in compliance with state and NCIC policies and regulations, including validation requirements. ACCESS/WACIC /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 ACCESS/WACIC /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 (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 verification 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 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 ACCESS/WACIC /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. 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 canceling the record by the CTA. 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. 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 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 appropriate 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 original 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 originating 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 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 CTA fails to certify any validation listing to the NCIC within the 6 ACCESS/WACIC /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. All agencies participating in the ACCESS system must comply with and enforce system security. B. Originating Agency Identifier (ORI) 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 ORI location 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. ACCESS/WACIC /NCIC USER ACKNOWLEDGEMENT VI. COMPUTERIZED CRIMINAL HISTORY RECORD INFORMATION RESPONSIBILITIES A. Each agency shall 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 appropriate 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 III, which log shall include the name of the individual within the criminal 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. 8 ACCESS/WACIC /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. 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 NCIC/WACIC audit review. 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 Level 1 certification training. Employees entering information into the NC1C/WACIC system and Terminal Agency Coordinators (TAC) must attend Level II 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 ACCESS/WACIC /NCIC USER ACKNOWLEDGEMENT As an agency head /director serving in the ACCESS/WACIC /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 or 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 ACCESS/WACIC /NCIC services to my agency. c 2, 4/ Agency Head (Please Print) ACKNOWLEDGMENT Agency Head sigriature �l�i2 ,4.UGgZCS 'vCC DC'P% Agency Name ii fr -s- 9'7 Date PENINSULA COMMUNICATIONS DISPATCH AND COMPUTER RECORDS SERVICE AGREEMENT THIS AGREEMENT is entered into by and between the City of Port Angeles, a non- charter, code municipal corporation of the State of Washington (hereinafter referred to as the "City and Clallam County, a political subdivision of the State of Washington (hereinafter referred to as the "County for law enforcement dispatch and related computer records services provided by the communications center operated by the Port Angeles Police Department, (hereinafter referred to as the "Center" and "PenCom WITNESSETH THAT: 1. WHEREAS, both the City and County agree that combining emergency communications facilities will provide a more efficient, effective and less costly communications link to their respective public safety agencies, thereby better serving the public; and 2. WHEREAS, combining certain computer databases and record services among local emergency service providers eliminates duplication and facilitates uniform reporting and recording of information, thereby making critical information immediately available to dispatchers and field personnel during emergencies; and 3. WHEREAS, it is the goal of PenCom to serve the citizens of Clallam County by consolidating public safety dispatch facilities and providing these services on an equitable cost sharing basis for each agency contracting for said services; and 4. WHEREAS, Chapter 39.34 RCW permits local governmental units to make official use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and pursuant to the provisions of RCW 39.34, the parties hereto do agree as follows: I. PURPOSE It is the purpose of this agreement to provide a mechanism whereby the County may obtain their law enforcement dispatching and computer records services by contracting said services from PenCom, and setting forth the powers, rights and responsibilities of the parties to this agreement. 1 5. Q/7 II. DURATION The duration of this Agreement shall be in effect the 1st day of January, 1998 and terminate at midnight on the 31st day of December, 2004, unless this Agreement is sooner modified, extended or terminated in accordance with the terms hereof. III. ADVISORY BOARD The parties hereto agree that an advisory board (hereinafter referred to as the "Board shall be the operations policy recommending body for PenCom. The Board shall be composed of a representative from each agency which is a user of PenCom's services under contract. PenCom's manager may, as needs dictate, organize subcommittees necessary for the efficient operation of PenCom. Voting on the board shall be weighted so as to represent the percentage of activity of each user agency based on their average annual number of calls- for service, which shall be first calculated on a one -year, then a two -year base until a three year period of records has been collected; provided that if a full year's figures are unavailable the figures from previous dispatch history may be extrapolated to determine a yearly average. Votes shall be weighted annually in January. Calls- for service of agencies withdrawing from PenCom shall be excluded from the formula set forth in paragraph VIII, 4, of this Agreement. A. The Board may establish by -laws consistent with this Agreement should the need arise. B. The Board shall have the authority to: 1. Make recommendations for the operation of PenCom in accordance with industry standards. 2. Recommend approval of the joining herein of any other user eligible to participate. 3. Recommend services provided to each user agency including use of PenCom's computerized records management systems. 4. Review the fmancial contributions of the parties hereto, and recommend ad- justments in the same if the Board finds that any of the parties hereto is bearing an inequitable share of PenCom's costs. 2 5. Prior to PenCom's budget approval, the manager will, upon request, meet with the Clallam County Board of Commissioners, or other user agency legislative bodies if so requested, to review PenCom's budget and to discuss the Board's recommendations. C. Decisions reached by the Board shall be by weighted vote of the majority of the membership. IV. JOINING OF OTHER USERS Other governmental bodies or emergency service providers within Clallam County area may make use of PenCom in accordance with the following: A. Each such user agency must execute a written agreement, which is substantially the same in content as this agreement, in accordance with the applicable laws of the State of Washington, agreeing to be bound in all respects, including bearing a proportional share of the construction and annual costs to operate PenCom; B. The City shall, upon recommendation by the Board, charge each user agency either a fixed annual fee for limited Center services, or a fee based on calls- for service and calculated according to section VIII of this Agreement. The County is charged a fee based on calls- for service under the terms of this Agreement; C. The City shall charge each new user 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 user agency; D. The City shall charge each new user a one time fee based on the new user agency's projected activity with PenCom as reimbursement for costs incurred by the City and County for construction and implementation of PenCom. Any reimbursement fees collected by the City from new users shall be placed in a fund maintained by the City and used solely for enhancement of PenCom; and, E. Upon approval of the joining of a new user hereto, the manager shall recompute the financial contributions of the various users of PenCom, and shall inform them forth- with of their adjusted contribution for the current calendar year. V. THE CITY OF PORT ANGELES AGREES AS FOLLOWS: A. The City shall sufficiently staff, operate and maintain PenCom, using employees of the City. 3 B. The City shall employ and assign the selected manager, who shall manage the day to -day operations of PenCom. The manager shall be responsible to the City of Port Angeles Chief of Police for the staffing and direction of all personnel employed by PenCom, for budget preparation and management, and for the efficient operation of PenCom, including the development of operating policies and procedures, planning, scheduling, supervision and the maintenance of liaison with the other users of PenCom. C. The City shall maintain records and statistics of the operation of PenCom for administrative and financial purposes. The City shall, upon request of any user agency, furnish a monthly report of activities of PenCom and of each user's utilization of PenCom. D. The City shall provide the following communications and records services: 1. 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. 2. The development and utilization of a computer aided dispatch system for emergency vehicles and units, and provision of necessary information thereto. 3. The development and utilization of a computerized records management system to be provided to the County as well as other selected user agencies which have contracted with the City for such services. Entry of information and retrieval of data to and from the system shall be the responsibility of the user agency except for that data which is captured during the dispatch process. The system shall include, in addition to computer aided dispatch, at minimum, the following: a) Master Name Search containing an index of records of all agencies subscribing to PenCom; b) Incident Report entry, modification and generation to include incident header, involved persons, involved property, involved vehicles and narrative; c) Criminal History Records; d) Report generation capability for Uniform Crime Report (UCR) Incident Based Reporting (IBR format), manpower allocation, crime analysis, and management reports; e) Evidence management; f) Stolen property files, address activity files, and other standard police record files searchable with limited or partial information; g All records must be unique by user agency and reports must be addressable by agency. Security must be maintained on all records; h) Warrants, wants, stolen vehicles and property. i) An interface with the State ACCESS computer system. 4. All records and reports will be maintained uniquely by the user agency including security of access. 5. The sending, receipt and advice of all teletype messages addressed to or from parties hereto that are pertinent to the operation of PenCom, the dispatching of their public safety personnel, or as determined by other policy; 6. The performance of other tasks and services necessary and proper for the efficient operation of a comprehensive emergency communications system. 7. Operate and maintain on behalf of the County an Enhanced 9 -1 -1 System for all residents of the County, including, but not limited to, maintenance of Master Street Address Guide (MSAG) files, maintenance of Geobase files, development and maintenance of systems within each user jurisdiction to provide accurate and timely information on new and changed addresses, buildings, and other information necessary to maintain these files. 8. Entry and maintenance of warrants and domestic violence records including but not limited to timely and accurate local, state and national database entry, recording of service, recall and other activity in both local, state and national systems; maintenance and auditing of paper files for all three systems. E. The City shall establish a special revenue fund to account for the receipt and expenditure of all monies related to the operation of PenCom. The funded operations shall be the responsibility of the Port Angeles Police Department and will be administered by the manager in accordance with established policies. F. The City will maintain a physical location for PenCom. VI. CLALLAM COUNTY AGREES AS FOLLOWS: A. Reliable communications equipment is essential to successful emergency dispatch and public safety communications. To this end, the County agrees to maintain in good repair and working order all equipment, wherever located, that is owned or operated by the County for this purpose, excluding only that equipment owned by PenCom. B. The cost of telephone 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 County personnel, or for the purpose of controlling or using such facilities, shall be the sole responsibility of the County. C. If PenCom operates Computer Aided Dispatch (CAD) and/or Records Management software on the AS400 platform, the County shall provide normal hardware maintenance of the CPU, and operating systems. 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 spent beyond normal working hours shall be paid either as shared costs as specified in Article VIII, from 9 -1 -1 funds or as otherwise determined by the Advisory Board. D. The County shall have the overall responsibility for the operation of Enhanced 9 -1 -1 in Clallam County, much of which responsibility is being delegated to PenCom pursuant to this Agreement. The County shall establish a special revenue fund to account for the receipt and expenditure of all monies related to the E9 -1 -1 telephone system. The County shall enter into equipment and operation agreements with service providers such as US West Communications and PTI, Communications for instantaneously relaying addresses associated with each 911 call received at PenCom. The County shall maintain excess E9 -1 -1 funds in the special revenue fund referenced above to be spent as approved by the user agencies. 6 E. Expenditures from the Enhanced 9 -1 -1 account shall include payment for charges contracted under agreements with US West Communications and PTI Communications as described above and other items as recommended by the 9 -1 -1 Board and/or PenCom Advisory Board. F. Accurate and timely information in law enforcement computer systems is vital to the mission of police departments. The County agrees to comply with all applicable provisions of the ACCESS User Acknowledgment in Exhibit 1. VII. THE PARTIES HERETO AGREE AS FOLLOWS: 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 the license periods and to maintain their base radio stations, repeaters and other radio support equipment outside PenCom's facility. B. Liabilities: Except for liability that is subject to immunity as provided by Ch. 38.52 RCW, each party agrees to defend, indemnify and to 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 agent of such party. C. Disputes between parties: Should a dispute arise between the City and any user agency, the parties may resolve the same by submitting the dispute for resolution by negotiation between the parties or 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. 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. D. In the event a dispute over the terms of this Agreement reasonably necessitates the procurement of legal services, the prevailing party shall be entitled to a reasonable attorney's fee and costs. 7 VIII. FINANCES A. All expenses incurred by PenCom shall be paid by the City and shared equitably by the City and all other user agencies in accordance with this Agreement. B. It shall be the responsibility of the manager to prepare an annual budget which will include all necessary and required expenditures and anticipated revenues. The budget shall be reviewed by the Board, and, with its recommendation, submitted to the City Council for approval. Upon request of any user agency, the manager shall appear before that agency's legislative body regarding the annual budget or financial contributions. C. User agencies shall, on a quarterly basis, make their financial payments for the cost of operation of PenCom. Each user agency will be billed quarterly in equal amounts for their estimated proportional share of the annual operating expenses of PenCom. Each user agency's annual contribution 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. D. Computation of financial contributions for user agencies who contract for PenCom's services on a calls- for service basis shall be as follows: SHARED BUDGET is determined by first reducing the total annual Center budget by the amount paid by user agencies who contribute on a fixed fee basis, and any other revenue sources made available to PenCom, with the remainder shared by users on a "percentage of use" basis. 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 Fire Dispatch, and (2) Emergency Medical Dispatch. ADJUSTED PERCENTAGE OF USE for each of the two major dispatch functions of PenCom is calculated by multiplying the Emergency Medical Dispatch activity, expressed as a percentage of use, by a factor of 1.5, the product of which being that portion of the shared budget, expressed as a percentage, for which Emergency Medical Dispatch is responsible, with Law Enforcement and Fire Dispatch responsible for the remaining percentage of the total shared budget. 8 (For example, if during a given year law enforcement and fire dispatches account numerically for 90 percent of the total call- for service activity and EMS dispatches account for 10 percent, the emergency medical dispatches would be calculated at 1.5 times their actual percentage of total calls, and would be responsible for 15 percent of the shared budget. Law enforcement and fire dispatch would be responsible for the remaining 85 percent.) CALL FOR SERVICE COST is calculated as follows: 1. POLICE and FIRE DISPATCHES: [Adjusted percentage of use] times [shared budget] divided by [total annual number of police and fire calls for- service] equals the [call-for-service cost] for each police or fire dispatch. 2. EMERGENCY MEDICAL DISPATCHES: [Adjusted percentage of use] times [shared budget] divided by [total annual number of EMS calls-for- service] equals the [call-for-service cost] for each emergency medical service dispatch. 3. USER AGENCY FINANCIAL CONTRIBUTION: [Total annual police and/or fire calls for service,] times [call-for-service cost for police and fire dispatches] plus [total emergency medical service calls-for-serviced times [individual call-for-service cost for EMS dispatches] equals user agency annual [financial contribution]. WHERE: "USE" means the total call- for service (CFS) count of PenCom. This count does not include activity of any agency whose financial contribution is contracted as a "fixed fee If figures regarding annual calls- for service are unavailable for a particular user or for the entire Center, the City may extrapolate the available figures in order to determine the yearly CFS units of an individual user or PenCom's total annual CFS units. "FINANCIAL CONTRIBUTION" means the proportion of PenCom's total annual budget paid by a user, calculated in accordance with formulae in this section. The contribution may be reduced on a pro rata basis if the user participates in PenCom for less than a year. "CALLS- FOR SERVICE" is defined as any incident which results in one or more emergency services units being dispatched and/or a report or event number being drawn. The manager may adjust agency totals where "calls- for service" are assigned differently between agencies. It shall be the goal of PenCom to maintain a uniform call- for service counting method among the user agencies. E. 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 financial contributions, subject to the approval of the users' legislative bodies. F. The parties to this Agreement may, on behalf of PenCom, 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, applying for and receiving grants of money or equipment from other governments. Such gifts and grants shall not replace any party's financial contribution as required by this Agreement, and are the sole property of PenCom. Grant applications shall be prepared under supervision of the manager. IX. PROPERTY AND EQUIPMENT A. Center equipment shall be in the custody of the City of Port Angeles, but ownership shall remain in the contributing agency. The City of Port Angeles shall be responsible for the maintenance of all such equipment in good repair, normal wear and tear excepted. Upon initial receipt of custody of equipment from any user whatsoever, the City of Port Angeles shall enter it into a master inventory, describing the equipment fully, including its condition on receipt and the percentage of ownership of each user agency. Should any user withdraw from this Agreement as provided herein, such user shall be credited with or paid the depreciated value of any equipment owned or controlled by it pursuant to this Agreement and the ownership of such equipment shall be deemed transferred to the City. Such payment shall be made within 90 days of the effective date of withdrawal. Equipment jointly purchased shall, upon expiration of this Agreement, become the sole property of the City. B. Purchase and installation of peripheral equipment necessary to provide local user agency access to computerized data maintained by PenCom's CAD or records management systems shall be the responsibility of the user agency and shall only be connected to the CPU upon approval of the manager. 10 C. Other users joining herein may contribute equipment to PenCom in accordance with the foregoing. Should another user, upon joining herein, decide to maintain dispatch services or active base stations in addition to or in lieu of services received from PenCom, it is understood that operational net control remains with PenCom, absent agreement to the contrary. D. Equipment purchased with City budgeted funds after implementation of PenCom shall become the property of the City. X. MODIFICATION, WITHDRAWAL AND TERMINATION A. This Agreement may be modified or extended in duration by mutual agreement of the parties. B. The parties hereto may withdraw from PenCom, terminating this agreement only by legislative act of their respective governing body, communicated to the City in writing. Such withdrawal shall be effective on midnight of December 31, of the year in which notice of withdrawal is tendered and in no case prior to that date. Request to withdraw by either party hereto shall require 3 months advance written notice. C. Termination of this agreement may be imposed upon any user under the following circumstances: 1. The manager determines that a consistent pattern of violation, abuse or disregard of operational policies by a user's personnel exists, and such finding is communicated to the Board in writing. 2. The manager shall consider the recommendations of the Board, and shall attempt to obtain compliance with operational policies by the offending user. If this fails, the City shall have the authority to terminate the user's participation hereunder and exclude the user herefrom. 3. Involuntary termination as in (B) above shall be effective 90 days after action by the City. D. Upon withdrawal of a user agency or termination of this Agreement, property or equipment owned by the user agency so withdrawing shall be returned (subject to the provisions of Section IX, para 3), or, upon agreement of the parties, PenCom may purchase the property or equipment from the withdrawing agency. 11 XI. GENERAL TERMS A. This Agreement contains terms and conditions agreed upon by the parties. The parties agree that there are no other understandings, oral or otherwise, regarding the subject matter of this Agreement. B. During the performance of this Agreement, the City agrees as follows, unless, and to the extent that, this contract is exempt from federal or state equal opportunity and/or affirmative action requirements under applicable laws, regulations, and court decisions including 41 CFR, Ch.60: 1. The City will not discriminate against any employee or applicant for employment because of race, political ideology, creed, sexual orientation, color, national origin, religion, sex, Vietnam era veteran status, age, disabled veteran condition, physical, sensory or mental handicap, national origin, or any other basis not reasonably related to the accomplishment of a legitimate governmental purpose.. The City will take whatever affirmative action is necessary to accomplish this purpose as defined in the state and federal constitutions and applicable court interpretations. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The City agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the local United States Department of Labor Office setting forth the provisions of this Equal Opportunity /Affirmative Action clause. 2. The City will, in all solicitations or advertisements for employees placed by or on behalf of the City, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, religion, sex, physical, sensory or mental handicap, sexual orientation, age, marital status, political ideology or national origin, and that the City is under the legal obligation to take affirmative action to employ, advance in employment, and otherwise treat qualified special disabled or Vietnam era veterans and handicapped individuals without discrimination based upon their disability or veterans' status or physical or mental handicap in all employment actions. 12 All suitable employment openings existing at contract award or occurring during contract performance will be listed at the state employment office in the locality where the opening occurs, provided that this listing requirement shall not apply to openings that the City intends to fill from within its own organization or under a customary and traditional employer -union hiring agreement. 3. The City will send to each representative of workers or labor union with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency Contracting Officer, advising the said labor union or workers' representative of the City's commitments under this Equal Opportunity, Affirmative Action clause, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The City will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor, including, but not limited to, the rules, regulations and orders issued by the Secretary of Labor under the Vietnam Era Veterans' Readjustment Assistance Act of 1972, the Rehabilitation Act of 1974 (29 USC 793), and the Americans with Disabilities Act of 1990. 5. The City will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigations to ascertain compliance with such rules, regulations and orders. 6. The City will not, on grounds of race, color, creed, religion, sex, physical, sensory or mental handicap, age, sexual orientation, marital status, political ideology or national origin: a) Deny an individual any services or other benefits provided under this Agreement; b) Provide any service(s) or other benefits to an individual which are different, or are provided in a different manner from those provided to others under this Agreement; c) Subject an individual to segregation or separate treatment in any manner related to the receipt of any service(s) of other benefits provided under this Agreement; 13 d) Deny any individual an opportunity to participate in any program provided by this Agreement through the provision of services or otherwise, or afford an opportunity to do which is different from that afforded others under this Agreement. The City, in determining (1) the types of services or other benefits to be provided or (2) the class of individuals to whom, or the situation in which, such services or other benefits will be provided or (3) the class of individuals to be afforded an opportunity to participate in any services or other benefits, will not utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination because of their race, color, sex, age, sexual orientation, marital status, religion, national origin, political ideology, creed or the presence of any sensory, mental or physical handicap. 7. In the event of City noncompliance with the nondiscrimination requirements of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated or suspended, in whole or in part, and the City may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 or September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8. The City will not discriminate against any person because of race, political ideology, color, national origin, sex, marital status, sexual orientation, age, the presence of any sensory, mental, or physical handicap, or any other basis not reasonably related to the accomplishment of a legitimate governmental purpose, and shall take whatever affirmative action necessary to accomplish this purpose as defined in the state and federal constitutions and applicable court interpretations. 9. The City will include the provisions of paragraphs A through G in every subcontract unless exempt by the rules, regulations, or orders of the Secretary of Labor. C. Each party agrees to aid and assist the other in accomplishing the objectives of this Agreement. 14 D. The Agreement shall be binding upon the parties hereto, their successors and assigns. XII. EXIIIBITS. The following exhibit is attached and incorporated by reference into this Agreement. A. ACCESS User Acknowledgment. IN WITNESS WHEREOF, We hereunto attach our signatures this 6th day of CITY OF PORT ANGELES: RPospot O o ci Gary Braun Mayor Becky J. Upt City C1erk/T-r-eastiref Approved as to form: January 15 CLALLAM COUNTY: 0/- (9.0-98 Martha Ireland 3oard of Commissioners A\LCan, Phillip Ktchel Commissioner 1998. 1 ra ole Boardm4{ Commissioner ai<RefuaJ Karen Flores Clerk of the Board Approved as to form: A}14/(>74- ai .0 YU- Craig Knutso Christopher Meiy City Attorney Deputy Prosecuting Attorney 1. Introduction U [iiU( 111 WASHINGTON STATE PATROL W ACCESS/WACIC/NCIC USER ACKNOWLEDGMENT EXHIBIT 1 Since its inception, the National Crime (information 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 CTA 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 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 ACCESS/WACIC /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: Operational, technical, and investigative assistance to NCIC users; Telecommunications lines to a state interface; Legal and Legislative review of matters pertaining to NCIC; ACCESS/WACIC /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; ACCESS/WACIC 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 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 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 Level II certified. The TAC shall be responsible for ensuring his /her agency is in compliance with state and NCIC policies and regulations, including validation requirements. ACCESS/WACIC /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. ACCESS/WACIC /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 (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 verification 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 primary responsibility for seeking the fugitive or the stolen property. 11I. 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 ACCESS/WACIC /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. 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 canceling the record by the CTA. 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. 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 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 appropriate 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 original 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 originating 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 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 CTA fails to certify any validation listing to the NCIC within the 6 ACCESS/WACIC /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. All agencies participating in the ACCESS system must comply with and enforce system security. B. Originating Agency Identifier (ORI) 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 ORI location 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. ACCESS/WACIC /NCIC USER ACKNOWLEDGEMENT VI. COMPUTERIZED CRIMINAL HISTORY RECORD INFORMATION RESPONSIBILITIES A. Each agency shall 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 appropriate 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 III, which log shall include the name of the individual within the criminal 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 Togs shall be maintained for at least 12 months from the date of inquiry. q ACCESS/WACIC /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. 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 NCIC/WACIC audit review. 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 Level I certification training. Employees entering information into the NCIC/WACIC system and Terminal Agency Coordinators (TAC) must attend Level II 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 IP ACCESS/WACIC /NCIC USER ACKNOWLEDGEMENT As an agency head /director serving in the ACCESS/WACIC /NCIC system, 1 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 or obtained by means of the WACIC /NCIC system. 1 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 ACCESS/WACIC /NCIC services to my agency. ...572 ,4 /c_ Agency Head (Please Print) ACKNOWLEDGMENT Agency Head signature` t--- ..1/I T ,4 u zrs t az_.cC DC'Pi Agency Name Date PENCOM DISPATCH AND COMPUTER RECORDS SERVICE AGREEMENT THIS AGREEMENT is entered into by and between the City of Port Angeles, a non- charter, code municipal corporation of the State of Washington (hereinafter referred to as "the City and Clallam County Rural Fire Protection District 3, a municipal corporation of the State of Washington (hereinafter referred to as "District 3" or "the District for fire and emergency medical dispatch and related computer records services provided by the communications and records management center operated by the Port Angeles Police Department, (hereinafter referred to as "PenCom WITNESSETH THAT: 1. WHEREAS, both Port Angeles and District 3 agree that maintaining a single emergency communications facility provides a more efficient, effective and less costly communications link for those people reporting a fire or medical emergency and for those agencies designated to respond to such emergencies, thereby better serving the public; and 2. WHEREAS, a single computer database used by local emergency service providers eliminates duplication and facilitates uniform reporting and recording of fire and emergency medical service events, thereby making critical information immediately available to dispatchers and field personnel during emergencies; and 3. WHEREAS, it is the goal of PenCom to serve the citizens of District 3 and all other Clallam County Public Safety agencies with a consolidated dispatch facility and provide these services on an equitable cost sharing basis for each agency contracting for said services; and NOW, THEREFORE, in consideration of the mutual covenants contained herein, and pursuant to the provisions of RCW 39.34, the parties hereto do agree as follows: I. PURPOSE It is the purpose of this agreement to provide a mechanism whereby Clallam County Rural Fire Protection District 3 may obtain their fire and emergency medical service dispatching and certain computer records services by contracting said services from PenCom, and setting forth the powers, rights and responsibilities of the parties to this agreement. 1 5 4. WHEREAS, Chapter 39.34 RCW permits local governmental units to make official use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage. II. DURATION The duration of this Agreement shall be in effect the 1st day of January, 1998 and terminate at midnight on the 31st day of December, 2003, unless this Agreement is sooner modified, extended or terminated in accordance with the terms hereof. III. ADVISORY BOARD The parties hereto agree that an advisory board (hereinafter referred to as the "Board shall be the operations policy recommending body for PenCom. The Board shall be composed of a representative from each agency which is a user of PenCom's services under contract. PenCom's manager may, as needs dictate, organize subcommittees necessary for the efficient operation of PenCom. Voting on the board shall be weighted so as to represent the percentage of activity of each user agency based on their average annual number of calls- for service, which shall be first calculated on a one -year, then a two -year base until a three year period of records has been collected; provided that if a full year's figures are unavailable the figures from previous dispatch history may be extrapolated to determine a yearly average. Votes shall be weighted annually in January. Calls- for service of agencies withdrawing from PenCom shall be excluded from the formula set forth in paragraph VIII, 4, of this Agreement. A. The Board may establish by -laws consistent with this Agreement, should the need arise. B. The Board shall have the authority to: 1. Make recommendations for the operation of PenCom in accordance with industry standards. 2. Recommend approval of the joining herein of any other user eligible to participate. 3. Recommend services provided to each user agency including use of PenCom's computerized fire records management systems. 4. Review the financial contributions of the parties hereto, and recommend ad- justments in the same if the Board finds that any of the parties hereto is bearing an inequitable share of PenCom's costs. 5. Prior to PenCom's budget approval, the manager will, upon request, meet with the Commissioners of District 3, or other user agency legislative body 2 if so requested, to review PenCom's budget and to discuss the Board's recommendations. 6. Decisions reached by the Board shall be by weighted vote of the majority of the membership. IV. JOINING OF OTHER USERS Other governmental bodies or emergency service providers within Clallam County area may make use of PenCom in accordance with the following: A. Each such user agency must execute a written agreement, which is substantially the same in content as this agreement, in accordance with the applicable laws of the State of Washington, agreeing to be bound in all respects, including bearing a proportional share of the capital and annual costs to operate PenCom; B. The City shall, upon recommendation by the Board, charge each user agency either a fixed annual fee for limited Center services, or a fee based on calls- for service and calculated according to section VIII of this Agreement. The District is charged a fee based on calls for service under the terms of this Agreement; C. The City shall charge each new user 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 user agency; D. The City shall charge each new user a one time fee based on the new user agency's projected activity with PenCom as reimbursement for costs incurred by the City and County for construction and implementation of PenCom. Any reimbursement fees collected by the City from new users shall be placed in a fund maintained by the City and used solely for the enhancement of PenCom; and, E. Upon approval of the joining of a new user hereto, the manager shall recompute the financial contributions of the various users of PenCom, and shall inform them forth- with of their adjusted contribution for the current calendar year. V. THE CITY OF PORT ANGELES AGREES AS FOLLOWS: A. The City shall sufficiently staff, operate and maintain PenCom, using employees of the City. B. The City shall employ and assign the selected manager, who shall manage the day to -day operations of PenCom. The manager shall be responsible to the City of Port Angeles Chief of Police for the staffing and direction of all personnel employed by PenCom, for budget preparation and management, and for the efficient operation of PenCom, including the development of operating policies and procedures, planning, 3 scheduling, supervision and the maintenance of liaison with the other users of PenCom. C. The City shall maintain records and statistics of the operation of PenCom for administrative and financial purposes. The City shall, upon request of any user agency, furnish a monthly report of activities of PenCom and of each user's utilization of PenCom. D. The City shall provide the following communications and records services: 1. 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. 2. The development and utilization of a computer aided dispatch system for emergency vehicles and units, and provision of necessary information thereto. 3. The development and utilization of a computerized interface between the PenCom computer aided dispatch system and the Sun -Pro Fire Records Management system to be provided to the District as well as other selected user agencies which have contracted with the City for such services. Entry of information and retrieval of data to and from the system shall be the responsibility of the user agency except for that data which is captured during the dispatch process. E. The City shall, without charge to Center users, provide the facility and its necessary support, including, but not limited to electrical, heating, lighting, air conditioning and space for PenCom so long as it is located in existing City buildings. F. Clallam County, as set forth in the Dispatch and Computer Records Service Agreement between the City and Clallam County, an agreement substantially the same as this agreement, shall, without charge to PenCom's users, provide maintenance of the CPU, peripherals, and programs used to run the CAD and records systems, excluding the costs of software and hardware maintenance contracts. The County will provide personnel time for maintenance and programming of the CAD and records system in exchange for the City providing the facility and its support for PenCom. VI. CLALLAM COUNTY FIRE PROTECTION DISTRICT 3 AGREES AS FOLLOWS: A. Reliable communications equipment is essential to successful emergency dispatch and public safety communications. To this end District 3 agrees to maintain in good 4 repair and working order all equipment, wherever located, that is owned or operated by the district for this purpose, excluding only that equipment owned by PenCom. B. The cost of telephone 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 District personnel, or for the purpose of controlling or using such facilities, shall be the sole responsibility of the District. VII. THE PARTIES HERETO AGREE AS FOLLOWS: 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 the license periods and to maintain their base radio stations, repeaters and other radio support equipment outside PenCom's facility. So long as the District shares an operational radio frequency with the City of Port Angeles Fire department the District agrees that technical changes, alterations, modifications or changes in use that may affect said frequency in any way shall not be made without first consulting with the City. B. Liabilities: Except for liability that is subject to immunity as provided by Ch. 38.52 RCW, each party agrees to defend, indemnify and to 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 agent of such party. C. Disputes between parties: Should a dispute arise between the City and any user agency, the parties may resolve the same by submitting the dispute for resolution by negotiation between the parties or 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. 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. D. In the event a dispute over the terms of this agreement reasonably necessitates the procurement of legal services, the prevailing party shall be entitled to a reasonable attorney's fee and costs. 5 VIII. FINANCES A. All expenses incurred by PenCom shall be paid by the City and shared equitably by the City and all other user agencies in accordance with this Agreement. B. It shall be the responsibility of the manager to prepare an annual budget which will include all necessary and required expenditures and anticipated revenues. The budget shall be reviewed by the Board, and, with its recommendation, submitted to the City Council for approval. Upon request of any user agency the manager shall appear before that agency's legislative body regarding the annual budget or financial contributions. C. User agencies shall, on a quarterly basis, make their financial payments for the cost of operation of PenCom. Each user agency will be billed quarterly in equal amounts for their estimated proportional share of the annual operating expenses of PenCom. Each user agency's annual contribution 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. D. Computation of financial contributions for user agencies who contract for PenCom's services on a calls- for service basis shall be as follows: SHARED BUDGET is determined by first reducing the total annual Center budget by the amount paid by user agencies who contribute on a fixed fee basis, and any other revenue sources made available to PenCom, with the remainder shared by users on a "percentage of use" basis. 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 Fire Dispatch, and (2) Emergency Medical Dispatch. ADJUSTED PERCENTAGE OF USE for each of the two major dispatch functions of PenCom is calculated by multiplying the Emergency Medical Dispatch activity, expressed as a percentage of use, by a factor of 1.5, the product of which being that portion of the shared budget, expressed as a percentage, for which Emergency Medical Dispatch is responsible, with Law Enforcement and Fire Dispatch responsible for the remaining percentage of the total shared budget. (For example, if during a given year law enforcement and fire dispatches account numerically for 90 percent of the total call for service activity and EMS dispatches account for 10 percent, the emergency medical dispatches would be calculated at 1.5 times their actual percentage of total calls, and would be responsible for 15 percent of the shared budget. Law enforcement and fire dispatch would be responsible for the remaining 85 percent.) 6 CALL- FOR SERVICE COST is calculated as follows: 1. POLICE and FIRE DISPATCHES:, [Adjusted percentage of use] times [shared budget] divided by [total annual number of police and fire calls for- service] equals the [call-for-service cost] for each police or fire dispatch. 2. EMERGENCY MEDICAL DISPATCHES: [Adjusted percentage of use] times [shared budget] divided by [total annual number of EMS calls-for- service] equals the [call-for-service cost] for each emergency medical service dispatch. 3. USER AGENCY FINANCIAL CONTRIBUTION:, [Total annual police and/or fire calls for service, J times [call-for-service cost for police and fire dispatches] plus [total emergency medical service calls times [individual call-for-service cost for EMS dispatches] equals user agency annual [financial contribution]. WHERE: "USE" means the total call- for service (CFS) count of PenCom. This count does not include activity of any agency who's financial contribution is contracted as a "fixed fee If figures regarding annual calls- for service are unavailable for a particular user or for the entire Center, the City may extrapolate the available figures in order to determine the yearly CFS units of an individual user or PenCom's total annual CFS units. "FINANCIAL CONTRIBUTION" means the proportion of PenCom's total annual budget paid by a user, calculated in accordance with formulae in this section. The contribution may be reduced on a pro rata basis if the user participates in PenCom for less than a year. "CALLS- FOR SERVICE is defined as any incident which results in one or more emergency services units being dispatched and/or a report or event number being drawn. The manager may adjust agency totals where "calls- for service" are assigned differently between agencies. It shall be the goal of PenCom to maintain a uniform call- for service counting method among the user agencies. E. 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 financial contributions, subject to the approval of the users' legislative bodies. F. The parties to this Agreement may, on behalf of PenCom, accept gifts and donations in recognition of services rendered, or to enhance, supplement, augment, facilitate or 7 initiate services performed by PenCom, 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 party's financial contribution as required by this Agreement, and are the sole property of PenCom. Grant applications shall be prepared under supervision of the manager. IX. PROPERTY AND EQUIPMENT A. Initially, the County and the City of Port Angeles agree to combine designated communications center equipment owned by them respectively, or to be obtained by them for this purpose, into equipping PenCom. B. Equipment, software, and other items purchased or upgraded jointly during Center implementation shall be jointly owned and a record of each agency's contribution toward ownership maintained by the manager. C. Center equipment shall be in the custody of the City of Port Angeles, but ownership shall remain in the contributing agency. The City of Port Angeles shall be responsible for the maintenance of all such equipment in good repair, normal wear and tear excepted. D. Upon initial receipt of custody of equipment from any user whatsoever, the City of Port Angeles shall enter it into a master inventory, describing the equipment fully, including its condition on receipt and the percentage of ownership of each user agency. Should any user withdraw from this Agreement as provided herein, such user shall be credited with or paid the depreciated value of any equipment owned or controlled by it pursuant to this Agreement and the ownership of such equipment shall be deemed transferred to the City. Such payment shall be made within 90 days of the effective date of withdrawal. Equipment jointly purchased shall, upon expiration of this Agreement, become the sole property of the City. E. Purchase and installation of peripheral equipment necessary to provide local user agency access to computerized data maintained by PenCom's CAD or records management systems shall be the responsibility of the user agency and shall only be connected to the CPU upon approval of the manager. F. Other users joining herein may contribute equipment to PenCom in accordance with the foregoing. Should another user, upon joining herein, decide to maintain dispatch services or active base stations in addition to or in lieu of services received from PenCom, it is understood that operational net control remains with PenCom, absent agreement to the contrary. G. Equipment purchased with City budgeted funds after implementation of PenCom shall become the property of the City. 8 X. MODIFICATION, WITHDRAWAL AND TERMINATION A. This Agreement may be modified or extended in duration by mutual agreement of the parties. B. The parties hereto may withdraw from PenCom, terminating this agreement only by legislative act of their respective governing body, communicated to the City in writing. Such withdrawal shall be effective on midnight of December 31, of the year in which notice of withdrawal is tendered and in no case prior to that date. Request to withdraw by either party hereto shall require 3 months advance written notice. C. Termination of this agreement may be imposed upon any user under the following circumstances: XI. GENERAL TERMS 1. The manager determines that a consistent pattern of violation, abuse or disregard of operational policies by a user's personnel exists, and such finding is communicated to the Board in writing. 2. The manager shall consider the recommendations of the Board, and shall attempt to obtain compliance with operational policies by the offending user. If this fails, the City shall have the authority to terminate the user's participation hereunder and exclude the user herefrom. 3. Involuntary termination as in (2) above shall be effective 90 days after action by the City. D. Upon withdrawal of a user agency or termination of this Agreement, property or equipment owned by the user agency so withdrawing shall be returned (subject to the provisions of Section IX, para 3), or, upon agreement of the parties, PenCom may purchase the property or equipment from the withdrawing agency. A. This Agreement contains terms and conditions agreed upon by the parties. The parties agree that there are no other understandings, oral or otherwise, regarding the subject matter of this Agreement. B. During the performance of this Agreement, the City agrees as follows, unless, and to the extent that, this contract is exempt from federal or state equal opportunity and/or affirmative action requirements under applicable laws, regulations, and court decisions including 41 CFR, Ch.60: 9 1. The City will not discriminate against any employee or applicant for employment because of race, color, religion, sex, Vietnam era veteran status, disabled veteran condition, physical or mental handicap, or national origin. The City will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. The City will take affirmative action to employ, advance in employment, and otherwise treat qualified special disabled or Vietnam era veterans and handicapped individuals without discrimination based upon their disability or veterans' status or physical or mental handicap in all employment actions. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The City agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the local United States Department of Labor Office setting forth the provisions of this Equal Opportunity /Affirmative Action clause. 2. The City will, in all solicitations or advertisements for employees placed by or on behalf of the City, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, physical or mental handicap, or national origin, and that the City is under the legal obligation to take affirmative action to employ, advance in employment, and otherwise treat qualified special disabled or Vietnam era veterans and handicapped individuals without discrimination based upon their disability or veterans' status or physical or mental handicap in all employment actions. All suitable employment openings existing at contract award or occurring during contract performance will be listed at the state employment office in the locality where the opening occurs, provided that this listing requirement shall not apply to openings that the City intends to fill from within its own organization or under a customary and traditional employer -union hiring agreement. 3. The City will send to each representative of workers or labor union with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency Contracting Officer, 10 advising the said labor union or workers' representative of the City's commitments under this Equal Opportunity, Affirmative Action clause, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The City will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor, including, but not limited to, the rules, regulations and orders issued by the Secretary of Labor under the Vietnam Era Veterans' Readjustment Assistance Act of 1972, the Rehabilitation Act of 1974 (29 USC 793), and the Americans with Disabilities Act of 1990. 5. The City will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigations to ascertain compliance with such rules, regulations and orders. 6. The City will not, on grounds of race, color, religion, sex, physical or mental handicap, or national origin: a) Deny an individual any services or other benefits provided under this Agreement; b) Provide any service(s) or other benefits to an individual which are different, or are provided in a different manner from those provided to others under this Agreement; c) Subject an individual to segregation or separate treatment in any manner related to the receipt of any service(s) of other benefits provided under this Agreement; d) Deny any individual an opportunity to participate in any program provided by this Agreement through the provision of services or otherwise, or afford an opportunity to do which is different from that afforded others under this Agreement. The City, in determining (1) the types of services or other benefits to be provided or (2) the class of individuals to whom, or the situation in which, such services or other benefits will be provided or (3) the class of individuals to be afforded an opportunity to participate in any services or other benefits, will not utilize criteria or methods of 11 administration which have the effect of subjecting individuals to discrimination because of their race, color, sex, religion, national origin, creed, or the presence of any sensory, mental or physical handicap. 7. In the event of City noncompliance with the nondiscrimination requirements of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated or suspended, in whole or in part, and the City may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 or September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8. The City will not discriminate against any person because of race, creed, political ideology, color, national origin, sex, marital status, sexual orientation, age, the presence of any sensory, mental, or physical handicap, or any other basis not reasonably related to the accomplishment of a legitimate governmental purpose, and shall take whatever affirmative action necessary to accomplish this purpose as defined in the state and federal constitutions and applicable court interpretations. 9. The City will include the provisions of paragraphs A through G in every subcontract unless exempt by the rules, regulations, or orders of the Secretary of Labor. C. Each party agrees to aid and assist the other in accomplishing the objectives of this Agreement. D. The Agreement shall be binding upon the parties hereto, their successors and assigns. 12 IN WITNESS WHEREOF, We hereunto attach our signatures this 6th day of January 1998. 13minikOsmom Gary Braun Mayor Becky J. Upt City Clerk Approved a,Jo form Craig Knutson City Attorney 13 CITY OF PORT ANGELES: CLALL1 COUNTY FIRE DISTRICT 3: Commissioner (i i a4 d Commissioner Commissioner Approved as to form Attorney for the District WITNESSETH THAT: L PURPOSE II. DURATION PENCOM DISPATCH AND COMPUTER RECORDS SERVICE AGREEMENT 5. at/? THIS AGREEMENT is entered into by and between the City of Port Angeles, a non- charter, code municipal corporation of the State of Washington (hereinafter referred to as "the City and the Quileute Tribe, a federally recognized Indian Tribe (hereinafter referred to as "the Tribe for police, fire and emergency medical dispatch and certain related computer records services provided by the emergency communications and records management center operated by the Port Angeles Police Department, (hereinafter referred to as "PenCom 1. WHEREAS, both Port Angeles and the Tribe agree that combining their emergency communications operations will provide a more efficient, effective and less costly communications link for those people reporting a fire, medical or law enforcement emergency and for those agencies designated to respond to such emergencies, thereby better serving the public; and 2. WHEREAS, combining certain computer databases and record services among local emergency service providers eliminates duplication and facilitates uniform reporting and recording of law enforcement, fire and emergency medical service events, thereby making critical information immediately available to dispatchers and field personnel during emergencies; and 3. WHEREAS, it is the goal of PenCom to serve the members of the Tribe and all other Claliam County Public Safety agencies by consolidating dispatch facilities and providing these services on an equitable cost sharing basis for each agency contracting for said services; and 4. WHEREAS, Chapter 39.34 RCW permits local governmental units to make official use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and pursuant to the provisions of RCW 39.34, the parties hereto do agree as follows: It is the purpose of this agreement to provide a mechanism whereby the Quileute Tribe may obtain their law enforcement, fire and emergency medical service dispatching and certain computer records services by contracting said services from PenCom and setting forth the powers, rights and responsibilities of the parties to this agreement. The duration of this Agreement shall be in effect the 1st day of April, 2000 and terminate at midnight on the 31st day of December, 2005, unless this Agreement is sooner modified, extended or Page 1 of 11 terminated in accordance with the terms hereof. III. ADVISORY BOARD The parties hereto agree that an advisory board (hereinafter referred to as the "Board shall be the operations policy recommending body for PenCom. The Board shall be composed of a representative from each agency which is a user of PenCom's services under contract. PenCom's manager may, as needs dictate, organize subcommittees necessary for efficient operation of PenCom. Voting on the board shall be weighted so as to represent the percentage of activity of each user agency based on their average annual number of calls- for service, which shall be first calculated on a one -year, then a two -year base until a three year period of records has been collected, provided that if a full year's figures are unavailable the figures from previous dispatch history may be extrapolated to determine a yearly average. Votes shall be weighted annually in January. Calls- for service of agencies withdrawing from PenCom shall be excluded from the formula set forth in paragraph VIII, 4, of this Agreement. A. The Board may establish by -laws consistent with this Agreement, should the need arise. B. The Board shall have the authority to: 1. Make recommendations for the operation of PenCom in accordance with industry standards. 2. Recommend approval of the joining herein of any other user eligible to participate. 3. Recommend services provided to each user agency including use of PenCom's computerized law enforcement and fire records management systems. 4. Review the financial contributions of the parties hereto, and recommend ad- justments in the same if the Board finds that any of the parties hereto is bearing an inequitable share of PenCom's costs. 5. Prior to PenCom's budget approval, the manager will, upon request, meet with the Council of the Quileute Tribe, or other user agency legislative bodies if so requested, to review PenCom's budget and to discuss the Board's recommendations. C. Decisions reached by the Board shall be by weighted vote of the majority of the membership. Page 2 of 11 IV. JOINING OF OTHER USERS Other governmental bodies or emergency service providers within Clallam County area may make use of PenCom in accordance with the following A. Each such user agency must execute a written agreement, which is substantially the same in content as this agreement, in accordance with the applicable laws of the State of Washington, agreeing to be bound in all respects, including bearing a proportional share of the capital and annual costs to operate PenCom; B. The City shall, upon recommendation by the Board, charge each user agency either a fixed annual fee for limited Center services, or a fee based on calls- for service and calculated according to section VIII of this Agreement. The Quileute Tribe is charged a fixed annual fee under the terms of this Agreement; C. The City shall charge each new user 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 user agency; D. The City shall charge each new user a one time fee based on the new user agency's projected activity with PenCom as reimbursement for costs incurred by the City and County for construction and implementation of PenCom. Any reimbursement fees collected by the City from new users shall be placed in a fund maintained by the City and used solely for enhancement of PenCom; and, E. Upon approval of the joining of a new user hereto, the manager shall recompute the financial contributions of the various users of PenCom, and shall inform them forth- with of their adjusted contribution for the current calendar year. V. THE CITY OF PORT ANGELES AGREES AS FOLLOWS: A. The City shall sufficiently staff, operate and maintain PenCom, using employees of the City. B. The City shall employ and assign the selected manager, who shall supervise the day to -day operations of PenCom. The manager shall be responsible to the City of Port Angeles Chief of Police for the staffing and direction of all personnel employed by PenCom, for budget preparation and management, and for the efficient operation of PenCom, including the development of operating policies and procedures, scheduling, supervision and maintenance of liaison with the other users of PenCom. C. The City shall maintain records and statistics of the operation of PenCom for administrative and financial purposes. The City shall, upon request of any user agency, furnish a monthly report of activities of PenCom and of each user's utilization of PenCom. Page 3 of 11 D. The City shall provide the following communications and records services: 1. 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. 2. The development and utilization of a computer aided dispatch system for emergency vehicles and units, and provision of necessary information thereto. 3. The development and utilization of a computerized law enforcement and fire records management system to provide information to the Tribe as well as other selected user agencies which have contracted with the City for such services. Entry of information and retrieval of data to and from the system shall be the responsibility of the user agency having such capability, except for that data which is captured during the dispatch process. The system shall include, in addition to computer aided dispatch, at minimum, the following: a) Master Name Search containing an index of records of all agencies subscribing to PenCom; b) Incident Report entry/modification and generation to include incident header, involved persons, involved property, involved vehicles and narrative; c) Criminal History Records; d) Report generation capability for Uniform Crime Report (UCR), Incident Based Reporting (IBR format), manpower allocation, crime analysis, and management reports; e) Evidence management; f) Warrants, wants, stolen vehicles and stolen property files, address activity files, and other standard police record files searchable with limited or partial information. g) An interface with the State ACCESS computer system. 4. All records and reports will be maintained uniquely by user agency, including security of access. 5. The sending, receipt and advice of all teletype messages addressed to or from parties hereto that are pertinent to the operation of PenCom, the dispatching of their public safety personnel, or as determined by other policy. Page 4 of 11 6. Entry and maintenance of warrants and domestic violence records including, but not limited to timely and accurate local, state and national database entry, recording of service, recall and other activity in both local, state and national systems; maintenance and auditing of paper files for all three systems. 7. The performance of other tasks and services necessary and proper for the efficient operation of a comprehensive emergency communications system. E. The City shall, without charge to Center users, provide the facility and its necessary support, including, but not limited to electrical, heating, lighting, air conditioning and space for PenCom so long as it is located in existing City buildings. F. Clallam County, as set forth in the Dispatch and Computer Records Service Agreement between the City and Clallam County, an agreement substantially the same as this agreement, shall without charge to PenCom's users, provide maintenance of the CPU, peripherals, and programs used to run the CAD and records systems, excluding the costs of software and hardware maintenance contracts. The County will provide personnel time for maintenance and programming of the CAD and records system in exchange for the City providing the facility and its support for PenCom. VL 1'I E QUILEUTE TRIBE AGREES AS FOLLOWS: A. Reliable communications equipment is essential to successful emergency dispatch and public safety communications. In the event the Tribe purchases their 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; 2. An emergency power source for the above communications equipment, capable of at least 8 hours of sustained operation without commercial power. Such emergency power source shall sense a commercial power failure and automatically start and/or transfer said equipment to the emergency power source. B. The cost of telephone 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 Tribal police personnel, or for the purpose of controlling or using such facilities, shall be the sole responsibility of the Tribe. C. Accurate and timely information in law enforcement computer systems is vital to the mission of police departments. The Tribe agrees to comply with all applicable provisions of the ACCESS User Acknowledgment in Exhibit 1. Page 5 of 11 VII. THE PARTIES HERETO AGREE AS FOLLOWS: 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 the license periods and to maintain their base radio stations, repeaters and other radio support equipment outside PenCom's facility. B. Liabilities: Except for liability that is subject to immunity as provided by Ch. 38.52 RCW, each party agrees to defend, indemnify and to 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 agent of such party. C. Disputes between parties: Should a dispute arise between the City and any user agency, the parties may resolve the same by submitting the dispute for resolution by negotiation between the parties or 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. 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 Clallarn County Superior Court. In the event a dispute over the terms of this agreement reasonably necessitates the procurement of legal services, the prevailing party shall be entitled to a reasonable attorney's fee and costs. VIII. FINANCES A. All expenses incurred by PenCom shall be paid by the City and shared equitably by the City and all other user agencies in accordance with this Agreement. B. It shall be the responsibility of the manager to prepare an annual budget which will include all necessary and required expenditures and anticipated revenues. The budget shall be reviewed by the Board, and, with its recommendation, submitted to the City Council for approval. Upon request of any user agency, the manager shall appear before that agency's legislative body regarding the annual budget or financial contributions. C. User agencies shall, on a quarterly basis, make their financial payments for the cost of operation of PenCom. Each user agency will be billed quarterly in equal amounts Page 6 of 11 for their estimated proportional share of the annual operating expenses of PenCom. With the exception of the agencies contributing a fixed annual fee, each agency's annual contribution 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. Fixed annual fees shall be increased by 100% of the Seattle Consumer Price Index (CPI) or 3 whichever is greater, payable the first day of January of each year for the duration of the Agreement. D. Computation of financial contributions for user agencies who contract for PenCom's services on a calls- for service basis shall be as follows: SHARED BUDGET is determined by first reducing the total annual Center budget by the amount paid by user agencies who contribute on a fixed fee basis, and any other revenue sources made available to PenCom, with the remainder shared by users on a "percentage of use" basis. 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 Fire Dispatch, and (2) Emergency Medical Dispatch. ADJUS'T'ED PERCENTAGE OF USE for each of the two major dispatch functions of PenCom is calculated by multiplying the Emergency Medical Dispatch activity, expressed as a percentage of use, by a factor of 1.5, the product of which being the portion of the shared budget, expressed as a percentage, for which Emergency Medical Dispatch is responsible, with Law Enforcement and Fire Dispatch responsible for the remaining percentage of the total shared budget. (For example, if during a given year law enforcement dispatches account numerically for 88 percent of the total call- for service activity and fire and emergency medical account for 12 percent, the emergency medical dispatches would be calculated at 1.38 times their actual percentage of total calls, and would be responsible for 16.56 percent of the shared budget. Law enforcement dispatch would be responsible for the remaining 83.44 percent of the budget.) CALL FOR SERVICE COST is calculated as follows: 1. LAW ENFORCEMENT DISPATCHES: [Adjusted percentage of use] times [shared budget] divided by [total annual number of law enforcement calls for- service] equals [call for service cost] for each law enforcement dispatch. 2. FIRE AND EMERGENCY MEDICAL DISPATCHES: [Adjusted percentage of use] times [shared budget] divided by [total annual number of fire and emergency medical calls-for-service] equals the [call for service cost] for each fire and emergency medical service dispatch. 3. USER AGENCY FINANCIAL CONTRIBUTION: [Total annual law enforcement calls-for-serviced times [call for service cost for law Page 7 of 11 WHERE: enforcement dispatches] plus [total fire and emergency medical service calls-for-service,] times [individual call-for-service cost for fire and emergency medical dispatches] equals user agency annual financial contribution]. "USE" means the total call- for service (CFS) count of PenCom. This count does not include activity of any agency who's financial contribution is contracted as a "fixed fee If figures regarding annual calls- for service are unavailable for a particular user or for the entire Center, the City may extrapolate the available figures in order to determine the yearly CFS units of an individual user, or PenCom's total annual CFS units. "FINANCIAL CONTRIBUTION" means the proportion of PenCom's total annual budget paid by a user, calculated in accordance with formulae in this section. The contribution may be reduced on a pro rata basis if the user participates in PenCom less than a full year. "CALLS- FOR SERVICE" is defined as any incident which results in one or more emergency services units being dispatched and/or a report or event number being drawn. The manager may adjust agency totals where "calls- for service" are assigned differently between agencies. It shall be the goal of PenCom to maintain a uniform call- for service counting method among the user agencies. E. 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 financial contributions, subject to the approval of the users' legislative bodies. F. The parties to this Agreement may, on behalf of PenCom, 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, applying for and receiving grants of money or equipment from other governments. Such gifts and grants shall not replace any party's financial contribution as required by this Agreement, and are the sole property of PenCom. Grant applications shall be prepared under supervision of the manager. IX. PROPERTY AND EQUIPMENT A. Equipment, software, and other items purchased or upgraded jointly during Center implementation shall be jointly owned and a record of each agency's contribution toward ownership maintained by the manager. B. Center equipment shall be in the custody of the City of Port Angeles, but ownership shall remain in the contributing agency. The City of Port Angeles shall be Page 8 of 11 responsible for the maintenance of all such equipment in good repair, normal wear and tear excepted. Upon initial receipt of custody of equipment from any user whatsoever, the City of Port Angeles shall enter it into a master inventory, describing the equipment fully, including its condition on receipt and the percentage of ownership of each user agency. Should any user withdraw from this Agreement as provided herein, such user shall be credited with or paid the depreciated value of any equipment owned or controlled by it pursuant to this Agreement and the ownership of such equipment shall be deemed transferred to the City. Such payment shall be made within 90 days of the effective date of withdrawal. Equipment jointly purchased shall, upon expiration of this Agreement, become the sole property of the City. C. Purchase and installation of peripheral equipment necessary to provide local user agency access to computerized data maintained by PenCom's CAD or records management systems shall be the responsibility of the user agency and shall only be connected to the CPU upon approval of the manager. D. Other users joining herein may contribute equipment to PenCom in accordance with the foregoing. Should another user, upon joining herein, decide to maintain dispatch services or active base stations in addition to or in lieu of services received from PenCom, it is understood that operational net control remains with PenCom, absent agreement to the contrary. E. Equipment purchased with City budgeted funds after implementation of PenCom shall become the property of the City. X. MODIFICATION, WITHDRAWAL AND TERMINATION A. This Agreement may be modified or extended in duration by mutual agreement of the parties. B. The parties hereto may withdraw from PenCom, terminating this agreement only by legislative act of their respective governing body, communicated to the City in writing. Such withdrawal shall be effective on midnight of December 31, of the year in which notice of withdrawal is tendered and in no case prior to that date. Request to withdraw by either party hereto shall require 3 months advance written notice. C. Termination of this agreement may be imposed upon any user under the following circumstances: 1. The manager determines that a consistent pattern of violation, abuse or disregard of operational policies by a user's personnel exists, and such finding is communicated to the Board in writing. Page 9 of 11 2. The manager shall consider the recommendations of the Board, and shall attempt to obtain compliance with operational policies by the offending user. If this fails, the City shall have the authority to terminate the user's participation hereunder and exclude the user herefrom. 3. Involuntary termination as in (B) above shall be effective 90 days after action by the City. D. Upon withdrawal of a user agency or termination of this Agreement, property or equipment owned by the user agency so withdrawing shall be returned (subject to the provisions of Section IX, para 3), or, upon agreement of the parties, PenCom may purchase the property or equipment from the withdrawing agency. XI. NON- DISCRIMJNATION To the extend provided by state and federal law, the parties shall conduct their business in a manner which assures a fair, equal, and non discriminatory treatment of all persons, without respect to race, creed, color, sex, Vietnam era veteran status, disabled veteran condition, physical or mental handicap, or national origin, and, in particular: A. The parties will maintain open hiring and employment practices and will welcome applications for employment in all positions from qualified individuals who are members of the above stated minorities. B. The parties will comply with all requirements of applicable federal, state or local laws or regulations issued pursuant thereto, relating to the establishment of non- discriminatory requirements in hiring and employment practices and assuring the service of all citizens without discrimination with respect to the above stated minority status. XIL GENERAL TERMS A. This Agreement contains terms and conditions agreed upon by the parties. The parties agree that there are no other understandings, oral or otherwise, regarding the subject matter of this Agreement. B. Each party agrees to aid and assist the other in accomplishing the objectives of this Agreement. C. The Agreement shall be binding upon the parties hereto, their successors and assigns. XIII. EXHIBITS. The following exhibit is attached and incorporated by reference into this Agreement. A. ACCESS User Acknowledgment Page 10 of 11 IN WITNESS WHEREOF, We he unto attach our signatures this day of �dl1tlr1 0 2000. CITY OF PORT ANGELES: Larry Doyl 7 Mayor Becky J. U City Clerk /14L Approved as to f Craig Knutson City Attorney QUILEUTE TRIBE: Chief Financial Officer Akproved as to form Tribal Attorney Page 11 of 11 I. Introduction Since its inception, the National Crime !information 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 ac in each state assume responsibility as the NCIC Control Terminal Agen for the state, through and by which NCIC users in that state would acce The CTA 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 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 ACCESS/WACIC /NCIC system. This agreement outlines the varied responsibilities of a CTO as they pertain to tie NCIC system. FBI NCIC responsibilities under this shared management concept includes provision of: 4 WASHINGTON STATE PATROL ACCESS/WACICMCIC USER ACKNOWLEDGMENT EXHIBIT 1 Operational, technical, and investigative assistance to NCIC users; Telecommunications lines to a state interface; Legal and Legislative review of matters pertaining to NCIC, ACCESS/WACIC /NC1C 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. ACCESS/WACIC /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. 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 canceling the record by the CTA. IV. QUALITY.ASSS,IRANCE 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. ACCESS/WACIC /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 111, 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. 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 NCICIWACIC audit review. ACCESSNVACIC/NCIC USER ACKNOWLEDGEMENT As an agency head /director serving in the ACCESS/WACIC /NCIC system, 1 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 or 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 ACCESS/WACIC /NCIC services to my agency. `5%C r /x 4/ O Agency Head (Please Print) ACKNOWLEDGMENT Agency Head sigrrature �-Q Agency Name ii PENCOM COMPUTER RECORDS SERVICE AGREEMENT THIS AGREEMENT is entered into by and between the City of Port Angeles, a non- charter, code municipal corporation of the State of Washington (hereinafter referred to as "the City and the City of Forks, a non charter code municipal corporation of the State of Washington (hereinafter referred to as "Forks), for police, fire and emergency medical related computer records services provided by the emergency communications and records management center operated by the Port Angeles Police Department, (hereinafter referred to as "PenCom WITNESSETH THAT: 1. WHEREAS, both the City of Port Angeles and the City of Forks agree that combining certain computer databases and record services among local emergency service providers eliminates duplication and facilitates uniform reporting and recording of law enforcement, fire and emergency medical service events, thereby making critical information immediately available to dispatchers and field personnel during emergencies; and 2. WHEREAS, it is the goal of PenCom to serve the citizens of Forks and all other Clallam County Public Safety agencies by consolidating computer facilities and providing this service on an equitable cost sharing basis for each agency contracting for said service; and 3. WHEREAS, Chapter 39.34 RCW permits local governmental units to make official use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and pursuant to the provisions of RCW 39.34, the parties hereto do agree as follows: I. PURPOSE It is the purpose of this agreement to provide a mechanism whereby the City of Forks may obtain its law enforcement, fire and emergency medical computer records services by contracting said services from PenCom and to set forth the powers, rights and responsibilities of the parties to this agreement. 1 5.0247 II. DURATION The duration of this Agreement shall be in effect )c4 '7 and terminate at midnight on December 31, 2001 unless Agreement is sooner modified, extended or terminated in accordance with the terms hereof. III. ADVISORY BOARD The parties hereto agree that an advisory board (hereinafter referred to as the "Board shall be the operations policy recommending body for PenCom to the City of Port Angeles. The Board shall be composed of a representative from each agency which is a user of PenCom's services under contract. PenCom's manager may, as needs dictate, organize subcommittees necessary for efficient operation of PenCom. Voting on the board by Forks shall be limited to issues pertaining to computer records services. Voting by the board shall be by simple majority and shall be weighted to represent the percentage of computer use of each user agency based on its average annual number of calls- for service. 1. The Board may establish by -laws consistent with this Agreement, should the need arise. 2. The Board shall have the authority to: A. Make recommendations for the operation of PenCom in accordance with industry standards. B. Recommend approval of the joining herein of any other user eligible to participate. C. Recommend services provided to each user agency including use of PenCom's computerized law enforcement and fire records management systems. D. Review the financial contributions of the parties hereto, and recommend ad- justments in the same if the Board finds that any of the parties hereto is bearing an inequitable share of PenCom's costs. E. Prior to PenCom's budget approval by the Port Angeles City Council, the manager will, upon request, meet with the Council of the City of Forks, or other user agency legislative bodies if so requested, to review PenCom's budget and to discuss the Board's recommendations. 2 3. Decisions reached by the Board on computer issues shall be by weighted vote of the majority of the membership. Forks will only have a vote on decisions made by the Board pertaining to the computer records system and issues related thereto (e.g. budget) and will have no vote on all other matters before the Board. IV. JOINING OF OTHER USERS Other governmental bodies or emergency service providers within the Clallam County area may make use of PenCom in accordance with the following: 1. Each such user agency must execute a written agreement, which is substantially the same in content as this agreement, in accordance with the applicable laws of the State of Washington, agreeing to be bound in all respects; 2. The City shall, upon recommendation by the Board, charge each user agency a proportional fee based on services rendered; 3. In addition to the fee charged pursuant to subparagraph IV(2) of this Agreement, the City shall charge each new user 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 user agency; 4. Upon approval of the joining of a new user hereto, the manager shall recompute the financial contributions of the various users of PenCom and shall inform them forth- with of their adjusted contribution for the current calendar year. V. THE CITY OF PORT ANGELES AGREES AS FOLLOWS: 1. The City shall sufficiently staff, operate and maintain PenCom, using employees of the City. 2. The City shall employ and assign the selected manager, who shall supervise the day to -day operations of PenCom. The manager shall be responsible to the City of Port Angeles Chief of Police for the staffing and direction of all personnel employed by PenCom, for budget preparation and management, and for the efficient operation of PenCom, including the development of operating policies and procedures, scheduling, supervision and maintenance of liaison with the other users of PenCom. 3. The City shall maintain records and statistics of the operation of PenCom for administrative and financial purposes. The City shall, upon request of any user agency, furnish a monthly report of activities of PenCom and of each user's utilization of PenCom. 3 4. The City shall provide the following computer records services: A. The development and utilization of a computer aided dispatch system for emergency vehicles and units and provision of necessary information thereto. B. The development and utilization of a computerized law enforcement and fire records management system to provide information to Forks as well as other selected user agencies which have contracted with the City for such services. Entry of information and retrieval of data to and from the system shall be the responsibility of the user agency having such capability, except for that data which is captured during the dispatch process. The system shall include, in addition to computer aided dispatch, at a minimum, the following: 1) Master Name Search containing an index of records of all agencies subscribing to PenCom; 2) Incident Report entry /modification and generation to include incident header, involved persons, involved property, involved vehicles and narrative; 3) Criminal History Records; 4) Report generation capability for Uniform Crime Report (UCR), Incident Based Reporting (IBR format), manpower allocation, crime analysis, and management reports; 5) Evidence management; 6) Warrants, wants, stolen vehicles and stolen property files, address activity files, and other standard police record files searchable with limited or partial information. C. All records and reports will be maintained uniquely by user agency, including security of access. D. The performance of other tasks and services necessary and proper for the efficient operation of a comprehensive emergency communications system. 5. The City shall, without additional charge to PenCom users, provide the facility and its necessary support, including, but not limited to electrical, heating, lighting, air conditioning and space for PenCom so long as it is located in existing City buildings. 4 6. Clallam County, as set forth in the Dispatch and Computer Records Service Agreement between the City and Clallam County, which is an agreement substantially the same as this Agreement, will without charge to PenCom's users provide maintenance of the CPU, peripherals, and programs used to run the CAD and records systems, excluding the costs of software and hardware maintenance contracts. The County will provide personnel time for maintenance and programming of the CAD and records system in exchange for the City providing the facility and its support for PenCom. VI. THE CITY OF FORKS AGREES AS FOLLOWS: 1. The cost of telephone lines, fiber optics, and other methods of communications between PenCom and the computer equipment owned and operated by Forks police personnel, or for the purpose of controlling or using such facilities, shall be the sole responsibility of Forks. 2. The City of Forks will participate in decisions regarding future upgrades in services pertaining to computer records service as a member of the advisory Board. 3. Within 30 days of receipt of the quarterly billing set forth in paragraph VIII 2., 3., the City of Forks will remit payment to the City of Port Angeles. The quarterly billing will include Fork's share of on -going expenses for maintenance and support of the computer system as well as Fork's share of capital improvement expenses for the computer system provided that PenCom may agree by separate written agreement that Fork's share of said capital expenses may be billed over a specific period of time in order to alleviate budgetary impacts to the City of Forks. VII. THE PARTIES HERETO AGREE AS FOLLOWS: 1. Liabilities: Except for liability that is immunized by Ch. 38.52 RCW, each party agrees to defend, indemnify and to 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 agent of such party. 2. Disputes between parties: Should a dispute arise between the City and any user agency, the parties may resolve the same by submitting the dispute for resolution by negotiation between the parties or 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. 5 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. 3. In the event a dispute over the terms of this agreement reasonably necessitates the procurement of legal services, the prevailing party shall be entitled to a reasonable attorney's fee and costs. VIII. FINANCES 1. It shall be the responsibility of the manager to prepare an annual budget which will 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 user agency, the manager shall appear before that agency's legislative body regarding the annual budget or financial contributions. 2. User agencies shall, on a quarterly basis, make their financial payments for the cost of the operation of the computer system. Each user agency will be billed quarterly in equal amounts for their estimated proportional share of the annual computer related operating expenses. The estimated proportional share of computer related expenses are computed based on the annual number of calls for service for each individual agency using the computer system divided by the total calls for service by all agencies using the computer system. This proportionate share is applied only to expenses relating to the maintenance, support of and capital improvements to the computer's hardware and software. In addition, user agencies will pay their proportional share of the anticipated funds necessary for the planned upgrade of the computer system, provided that any unexpended funds will be used to defray future system expenses or will be returned to the user agencies. 3. In the event a budget shortfall occurs due to an emergency or other unforeseen or extraordinary expenditure pertaining to the computer records system, and upon recommendation of the Board, the City may assess each user an additional amount, based on the above computation of financial contributions, subject to the approval of the users' legislative bodies. 4. The parties to this Agreement may, on behalf of PenCom, 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, applying for and receiving grants of money or equipment from other governments. Such gifts and grants shall not replace any party's financial contribution as required by this Agreement, and are the sole property of PenCom. However, it is understood by the parties that the gifts and grants received in any given year will not be used to 6 supplement the operating or capital expenses of any one PenCom member, including the City of Port Angeles, unless all of the members' shares of the expenses are reduced proportionately. Grant applications shall be prepared under supervision of the manager. IX. PROPERTY AND EQUIPMENT 1. Equipment, software, and other items purchased or upgraded jointly shall be jointly owned and a record of each agency's contribution toward ownership maintained by the manager. 2. PenCom equipment shall be in the custody of the City of Port Angeles, but ownership shall remain in the contributing agency. The City of Port Angeles shall be responsible for the maintenance of all such equipment in good repair, normal wear and tear excepted. Upon initial receipt of custody of equipment from any user whatsoever, the City of Port Angeles shall enter it into a master inventory, describing the equipment fully, including its condition on receipt and the percentage of ownership of each user agency. Should any user withdraw from this Agreement as provided herein, such user shall be credited with or paid the depreciated value of any equipment owned or controlled by it pursuant to this Agreement and the ownership of such equipment shall be deemed transferred to the City. Such payment shall be made within 90 days of the effective date of withdrawal. Equipment jointly purchased shall, upon expiration of this Agreement, become the sole property of the City. 3. Purchase and installation of peripheral equipment necessary to provide local user agency access to computerized data maintained by PenCom's CAD or records management systems shall be the responsibility of the user agency and shall only be connected to the CPU upon approval of the manager. However, approval shall not be unreasonably denied and denial shall only be based upon hardware compatibility, safety and system integrity. 4. Other users joining herein may contribute equipment to PenCom in accordance with the foregoing. 5. Equipment purchased with City budgeted funds shall become the property of the City. 7 X. MODIFICATION, WITHDRAWAL AND TERMINATION 1. This Agreement may be modified or extended in duration by mutual agreement of the parties. 2. The parties hereto may withdraw from PenCom, terminating this agreement only by legislative act of their respective governing body, communicated to the City in writing. Such withdrawal shall be effective on midnight of December 31 of the year in which notice of withdrawal is tendered and in no case prior to that date. Request to withdraw by either party hereto shall require 3 months advance written notice. 3. Termination of this agreement may be imposed upon any user under the following circumstances: 4. Upon withdrawal of a user agency or termination of this Agreement, property or equipment owned by the user agency so withdrawing shall be returned (subject to the provisions of Section IX, para 3), or, upon agreement of the parties, PenCom may purchase the property or equipment from the withdrawing agency. XI. GENERAL TERMS 8 A. The manager determines that a consistent pattern of violation, abuse or disregard of operational policies by a user's personnel exists, and such finding is communicated to the Board and the user in writing. The Board shall offer the user a reasonable opportunity for input before making its recommendations. B. The manager shall consider the recommendations of the Board and shall attempt to obtain compliance with operational policies by the offending user. If this fails, the City shall have the authority to terminate the user's participation hereunder and exclude the user herefrom. C. Involuntary termination as in (B) above shall be effective 90 days after action by the City. 1. This Agreement contains terms and conditions agreed upon by the parties. The parties agree that there are no other understandings, oral or otherwise, regarding the subject matter of this Agreement. 2. During the performance of this Agreement, the City agrees as follows, unless, and to the extent that, this contract is exempt from federal or state equal opportunity and/or affirmative action requirements under applicable laws, regulations, and court decisions including 41 CFR, Ch.60: A. The City will not discriminate against any employee or applicant for employment because of race, color, religion, sex, Vietnam era veteran status, disabled veteran condition, physical or mental handicap, or national origin. The City will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. The City will take affirmative action to employ, advance in employment, and otherwise treat special qualified disabled or Vietnam era veterans and handicapped individuals without discrimination based upon their disability or veterans' status or physical or mental handicap in employment actions. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and training selection, including apprenticeship. The City agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the local United States Department of Labor Office setting forth the provisions of this Equal Opportunity /Affirmative Action clause. B. The City will, in all solicitations or advertisements for employees placed by or on behalf of the City, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, physical or mental handicap, or national origin, and that the City is under the legal obligation to take affirmative action to employ, advance in employment, and otherwise treat qualified special disabled or Vietnam era veterans and handicapped individuals without discrimination based upon their disability or veterans' status or physical or mental handicap in all employment actions. All suitable employment openings existing at contract award or occurring during contract performance will be listed at the state employment office in the locality where the opening occurs, provided that this listing requirement shall not apply to openings that the City intends to fill from within its own organization or under a customary and traditional employer -union hiring agreement. C. The City will send to each representative of workers or labor union with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency Contracting Officer, advising the said labor union or workers' representative of the City's commitments under this Equal Opportunity, Affirmative Action clause, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. D. The City will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor, including, but not limited to, the rules, regulations and orders issued by the Secretary of Labor under the Vietnam Era Veterans' Readjustment Assistance Act of 1972, the Rehabilitation Act of 1974 (29 USC 793), and the Americans with Disabilities Act of 1990. E. The City will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigations to ascertain compliance with such rules, regulations and orders. F. The City will not, on grounds of race, color, religion, sex, physical or mental handicap, or national origin: 1) Deny an individual any services or other benefits provided under this Agreement; 2) Provide any service(s) or other benefits to an individual which are different, or are provided in a different manner from those provided to others under this Agreement; 3) Subject an individual to segregation or separate treatment in any manner related to the receipt of any service(s) of other benefits provided under this Agreement; 4) Deny any individual an opportunity to participate in any program provided by this Agreement through the provision of services or otherwise, or afford an opportunity to do which is different from that afforded others under this Agreement. The City, in determining (1) the types of services or other benefits to be provided or (2) the class of individuals to whom, or the situation in which, such services or other benefits will be provided or (3) the class of individuals to be afforded an opportunity to participate in any services or other benefits, will not utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination because of their race, color, sex, religion, national 10 origin, creed, or the presence of any sensory, mental or physical handicap. G. In the event of City noncompliance with the nondiscrimination requirements of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated or suspended, in whole or in part, and the City may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 or September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. H. The City will include the provisions of paragraphs A through G in every subcontract unless exempt by the rules, regulations, or orders of the Secretary of Labor. I. The City will not discriminate against any person because of race, creed, political ideology, color, national origin, sex, marital status, sexual orientation, age, the presence of any sensory, mental, or physical handicap, or any other basis not reasonably related to the accomplishment of a legitimate governmental purpose, and shall take whatever affirmative action necessary to accomplish this purpose as defined in the state and federal constitutions and applicable court interpretations. 3. Each party agrees to aid and assist the other in accomplishing the objectives of this Agreement. 4. The Agreement shall be binding upon the parties hereto, their successors and assigns. 11 IN WITNESS WHEREOF, We hereunto attach our signatures this re..... per Ostrowski Mayor Becky J. U City Clerk Approved as to orm Craig Knutson City Attorney n day of uPitv 12 CITY OF FORKS: Phil Arbeiter Mayor ,(2 /Z Dan Leinan City Clerk Approved as),gform William R. Fleck City Attorney From: Naomi L Wu To: B U PTO N Date: 9/27/01 8•49am Subject: Pencom Agreement with Forks Reply Forks is not part of our computer system and so we won't be renewing this contract Thanks for keeping an eye on things Naomi 5.047 flik From: Becky Upton To: NWU Date: 9/19/01 4 09pm Subject: Pencom Agreement with Forks Hi Naomi) I just reviewed upcoming expirations for City contracts, agreements, etc. note that our Pencom Computer Records Service Agreement with the City of Forks expires as of 12/31/01 I'm sure you're already working on the new agreement, but I thought I'd send this reminder just in case Thanks! Becky ORDER FOR SUPPLIES OR SERVICES (PAGE OF PAGES I I IMPORTANT: Mark all packages and papers with contract and /or order numbers. I 1 I 4 1.DATE OF ORDER 12.CONTRACT NO. (If any) 13.ORDER NO. I4.REQUISITION /REFERENCE NO 10/01/96 I 11443- PX9500 -97 -012 1975527 5.ISSUING OFFICE (Address correspondence to) NATIONAL PARK SERVICE OLYMPIC NATIONAL PARK 600 E. PARK AVE. PORT ANGELES, WASHINGTON 98362 -6798 7.TO: CONTRACTOR (Name,address and ZIP Code) SEE BELOW CITY OF PORT ANGELES (PENCOM) ATTN: NAOMI WU 321 E. 5th STREET P.O. BOX 1150 PORT ANGELES, WASHINGTON 98362 (206) 457 0411 9.ACCOUNTING AND APPROPRIATION DATA 9500 7002 -SZM (259Z) $6,000.00 12.F.O.B. POINT 13.PLACE OF INSPECTION AND ACCEPT. IN /A SEE BELOW 1 110. REQUISITION OFFICE CODE:F1* K. MESSAROS I14.GOVERNMENT B/L NO. 6.SHIP TO: (Consignee and address, ZIP Code) OLYMPIC NATIONAL PARK 600 E. PARK AVE. PORT ANGELES, WASHINGTON 98362 -6798 SHIP VIA: SEE BELOW 8.TYPE OF ORDER [X] A.PURCHASE Reference your Please furnish the following on the terms and conditions specified on all pages of this order and on the attached sheets, if any, including delivery as indicated. This purchase is negotiated under authority of: FAR 12.106 (e) (2) B.DELIVERY Except for billing instru- ctions on the second to the last page, this delivery order is subjected to instructions contained on pages one and two only of this form and is issued subject to the terms and conditions of the above numbered contract. I11.BUSINESS CLASSIFICATION (Check app. box(es)) OTHER DIS- WOMEN I ]SMALL [X] THAN SMALL ]ADVANTAGED ]OWNED 15.DELIVER TO F.O.B. POINT ON OR BEFORE (Date) 10/96 NET 30 DAYS I16.DISCOUNT TERMS ORDER FOR SUPPLIES OR SERVICES IPAGE OF PAGES IMPORTANT: Mark all packages and papers with contract and /or order numbers. 1 2 I 4 1.DATE OF ORDER I2.CONTRACT NO. (If any) 13.ORDER NO. 14.REQUISITION /REFERENCE NO 10/01/96 I 11443- PX9500 -97 -012 1975527 17.SCHEDULE (See last page for Rejections) ITEM NO.1 SUPPLIES OR SERVICES IQ.ORDER 1UNIT U.PRICE AMOUNT (A) 1 (B) (C) 1(D) 1 (E) 1 (F) iQ.A(G)PT. 1. RADIO DISPATCH SERVICE FOR OLYMPIC NATIONAL PARK DURING THE HOURS THAT THE PARK'S DISPATCH OPERATION IS OUT OF SERVICE FOR THE PERIOD 10/1/96 TO 9/30/97. 4 QTR 1500.00 6,000.00 C NOTE: BILLING TO OCCURR AT THE END OF EACH QUARTER "I HEREBY ACKNOWLEDGE RECEIPT ACCEPTANCE OF THIS PURCHASE ORDER S I GNATURE S// JL.— TITLE /DATE: A4A• �raMvinl tr e-�e., /411. 1., PLEASE RETURN ONE SIGNED COPY OF THIS PURCHASE ORDER WITHIN 5 DAYS. SEE BILL 18.SHIPPING POINT 119.GROSS SHIP WEIGHT 120.Invoice no. INSTRU- CTIONS ON SECOND 121.MAIL INVOICE TO: (include ZIP Code) TO THE 1 1 6,000.001 GRAND LAST ISEE BLOCK #5, FOR ANY QUESTIONS PLEASE CALL 1 1 TOTAL PAGE 1MARK L. NESVIG AT (360) 452 0320 1 1 123.NAME (Typed) 22.UNITED STATES OF AMERICA BY (Signature) 4dl 1MARK L. NESVIG, NPS -PN III CS -14 TITLE: CONTRACTING /ORDERING OFFICER NPS Form 10- 3470(3 -92) NATIONAL PARK SERVICE 17(H) .TOT (Cont. pages) 17 (i) 'PAGE OF PAGES 1 1 I 3 I 4 1.DATE OF ORDER 12.CONTRACT NO. (If any) 13.0RDER NO. 14.REQUISITION /REFERENCE NO 10/01/96 1 11443- PX9500 -97 -012 1975527 ORDER FOR SUPPLIES OR SERVICES IMPORTANT: Mark all packages and papers with contract and /or order numbers. 52.252 -2 CLAUSES INCORPORATED BY REFERENCE (June 88) This contract incorporates one or more clauses by reference, with the same force and affect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES 52.203 -1 Officials Not to Benefit (Apr 84) 52.203 -3 Gratuities (Apr 84) 52.203 -5 Covenant Against Contingent Fees (Apr 84) 52.212 -9 Variation in Quantity (Apr 84) (In the preceding clause, the permissible variations are stated in the schedule) 52.213 -2 Invoices (Apr 84) (For advance payments on subscription, etc., in accordance with (IAW) FAR 13.507C) 52.213 -3 Notice to Supplier (Apr 84) (For unpriced P.O.'s only) 52.222 -3 Convict Labor (Apr 84) (See exemptions under FAR 22.202) 52.222 -4 Contract Work Hours and Safety Standards Act Overtime Compensation -(Mar 86) (Only applicable IAW FAR 22.305) PURCHASE ORDER TERMS AND CONDITIONS 52.222 -26 Equal Opportunity (Apr 84) (P.O.'s $10,000 and under are exempt) 52.222 -36 Affirmative Action for Handicapped Workers (Apr 84) (P.O.'s $2,500 and under are exempt) 52.222 -40 Service Contract Act of 1965, As amended, Contracts of $2,500 or Less (May 89) (Applicable for P.O.'s 52,500 and under.) 52.222 -41 Service Contract Act of 1965, As amended (May 89) (P.O.'s $2,500 and under are exempt) 52.223 -5 Certification Regarding a Drug -Free Workplace (Jul 90) (Exempt, if P.O. awarded to an individual) 52.223 -6 Drug -Free Workplace (Jul 90) 52.225 -3 Buy American Act Supplies (Jan 94) 52.232 -1 Payments (Apr 84) 52.232 -8 Discount for Prompt Payment (Apr 89) 52.232 -25 Prompt Payment (Mar 94) 52.232 -28 Electronic Funds Transfer Payment Methods (Apr 1989) 52.233 -1 Disputes (Mar 94) 52.243 -1 Changes Fixed Price (Aug 87) 52.249 -1 Termination for Convenience of the Government (Fixed Price) (Short Form) (Apr 84) A proper invoice must include the items listed below: (i) Name and address of the Contractor. (ii) Invoice date. (iii) Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number). (iv) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed. (v) Shipping and payment terms (e.g., shipment number and date of shipment, prompt payment discount terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading. (vi) 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). (vii) Any other information or documentation required by other requirements of the contract (such as evidence of shipment). A 0 ORDER FOR SUPPLIES OR SERVICES (PAGE OF PAGES IMPORTANT: Mark all packages and papers with contract and /or order numbers. I i f I 4 1.DATE OF ORDER 12.CONTRACT NO. (If any) 1 3.ORDER NO. 14.REQUISITION /REFERENCE NO 10/01/96 1 11443- PX9500 -97 -012 1975527 NOTE If desired, this order (or a copy thereof) may be used by the Contractor as the Contractor's invoice, instead of a separate invoice, provided the following statement, (signed and dated) is on (or attached to) the order, "Payment is requested in the amount of No other invoice will be submitted." However, if the Contractor wishes to submit and invoice, the following information must be provided: contract number (if any), order number, item number(s), description of supplies or services, sizes, quantities, unit prices and extended totals. Prepaid shipping costs will be indicated as a separate item on the invoice. Where Shipping costs exceed $25 (except for parcel post), the billing must be supported by a bill of lading or receipt. When several orders are invoiced to an ordering activity during the same billing period, consolidated periodic billings are encouraged. Quantity in the "Quantity Accepted" column on the face of this order has been inspected, accepted, received by me and conforms to contract. Items listed below have been rejected for the reasons indicated. SHIPMENT1PARTIAL1 NUMBER !FINAL ITEM NO. TOTAL CONTAINERSIGROSS WEIGHTIRECEIVED AT (TITLE RECEIVING REPORT 1DATE RECEIVED 1SIGNATURE OF AUTHORIZED U.S.GOV'T REP.1DATE 1 REPORT OF REJECTIONS SUPPLIES OR SERVICES UNIT QUANTITY REJECTED REASON FOR REJECTION PENCOM DISPATCH AND COMPUTER RECORDS SERVICE AGREEMENT THIS AGREEMENT is entered into by and between the City of Port Angeles, a non charter, code municipal corporation of the State of Washington (hereinafter referred to as "the City and the Lower Elwha Klallam Tribe, a federally recognized Indian Tribe (hereinafter referred to as "the Tribe for police, fire and emergency medical dispatch and certain related computer records services provided by the emergency communications and records management center operated by the Port Angeles Police Department, (hereinafter referred to as the "Center WITNESSETH THAT: 1. WHEREAS, both Port Angeles and the Tribe agree that combining their emergency communications operations will provide a more efficient, effective and less costly communications link for those people reporting a fire, medical or law enforcement emergency and for those agencies designated to respond to such emergencies, thereby better serving the public; and 2. WHEREAS, combining certain computer databases and record services among local emergency service providers eliminates duplication and facilitates uniform reporting and recording of law enforcement, fire and emergency medical service events, thereby making critical information immediately available to dispatchers and field personnel during emergencies; and 3. WHEREAS, it is the goal of the Center to serve the members of the Tribe and all other Clallam County Public Safety agencies by consolidating dispatch facilities and providing these services on an equitable cost sharing basis for each agency contracting for said services; and 4. WHEREAS, Chapter 39.34 RCW permits local governmental units to make official use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and pursuant to the provisions of RCW 39.34, the parties hereto do agree as follows: 1 5,a 7 I. PURPOSE It is the purpose of this agreement to provide a mechanism whereby the Lower Elwha Klallam Tribe may obtain their law enforcement, fire and emergency medical service dispatching and certain computer records services by contracting said services from the Center and setting forth the powers, rights and responsibilities of the parties to this agreement. II. DURATION The duration of this Agreement shall be in effect the 1st day of March, 1992 and terminate at midnight on the 31st day of December, 1997, unless this Agreement is sooner modified, extended or terminated in accordance with the terms hereof. III. ADVISORY BOARD The parties hereto agree that an advisory board (hereinafter referred to as the "Board shall be the operations policy recommending body for the Center. The Board shall be composed of a representative from each agency which is a user of the Center's services under contract. The Center's director may, as needs dictate, organize subcommittees necessary for efficient operation of the Center. Voting on the board shall be weighted so as to represent the percentage of activity of each user agency based on their average annual number of calls- for service, which shall be first calculated on a one -year, then a two -year base until a three year period of records has been collected, provided that if a full year's figures are unavailable the figures from previous dispatch history may be extrapolated to determine a yearly average. Votes shall be weighted annually in service of agencies withdrawing from excluded from the formula set forth in this Agreement. 1. The Board may establish by -laws Agreement, should the need arise. 2. The Board shall have the authority to: 2 January. Calls -for- the Center shall be paragraph VIII, 4, of consistent with this A. Make recommendations for the operation of the Center in accordance with industry standards. B. Recommend approval of the joining herein of any other user eligible to participate. C. Recommend services provided to each user agency including use of the Center's computerized law enforcement and fire records management systems. D. Review the financial contributions of the parties hereto, and recommend adjustments in the same if the Board finds that any of the parties hereto is bearing an inequitable share of the Center's costs. E. Prior to the Center's budget approval, the director will, upon request, meet with the Council of the Lower Elwha Klallam Tribe, or other user agency legislative bodies if so requested, to review the Center's budget and to discuss the Board's recommendations. 3. Decisions reached by the Board shall be by weighted vote of the majority of the membership. IV. JOINING OF OTHER USERS Other governmental bodies or emergency service providers within Clallam County area may make use of the Center in accordance with the following: 1. Each such user agency must execute a written agreement, which is substantially the same in content as this agreement, in accordance with the applicable laws of the State of Washington, agreeing to be bound in all respects, including bearing a proportional share of the construction and annual costs to operate the Center; 2. The City shall, upon recommendation by the Board, charge each user agency either a fixed annual fee for limited Center services, or a fee based on calls for service and calculated according to section VIII of this Agreement. The Lower Elwha Tribe is charged a fixed annual fee under the terms of this Agreement; 3. The City shall charge each new user 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 user agency; 4. The City shall charge each new user a one time fee based on the new user agency's projected activity with the Center as reimbursement for costs incurred by the City and County for construction and implementation of the Center. Any reimbursement fees collected by the City from new users shall be placed in a fund maintained by 3 the City and used solely for enhancement of the Center; and, 5. Upon approval of the joining of a new user hereto, the director shall recompute the financial contributions of the various users of the Center, and shall inform them forthwith of their adjusted contribution for the current calendar year. V. THE CITY OF PORT ANGELES AGREES AS FOLLOWS: 1. The City shall sufficiently staff, operate and maintain the Center, using employees of the City. 2. The City shall employ and assign the selected director, who shall supervise the day -to -day operations of the Center. The director shall be responsible to the City of Port Angeles Chief of Police for the staffing and direction of all personnel employed by the Center, for budget preparation and management, and for the efficient operation of the Center, including the development of operating policies and procedures, scheduling, supervision and maintenance of liaison with the other users of the Center. 5. The City shall maintain records and statistics of the operation of the Center for administrative and financial purposes. The City shall, upon request of any user agency, furnish a monthly report of activities of the Center and of each user's utilization of the Center. 6. The City shall provide the following communications and records services: A. 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 the Center. B. The development and utilization of a computer aided dispatch system for emergency vehicles and units, and provision of necessary information thereto. C. The development and utilization of a computerized law enforcement and fire records management system to provide information to the Tribe as well as other selected user agencies which have contracted with the City for such services. Entry of infor- mation and retrieval of data to and from the system shall be the responsibility of the user agency having such capability, except for that data which 4 is captured during the dispatch process. The system shall include, in addition to computer aided dispatch, at minimum, the following: 1) Master Name Search containing an index of records of all agencies subscribing to the Center; 2) Incident Report entry /modification and generation to include incident header, involved persons, involved property, involved vehicles and narrative; 3) Criminal History Records; 4) Report generation capability for Uniform Crime Report (UCR), Incident Based Reporting (IBR format), manpower allocation, crime analysis, and management reports; 5) Evidence management; 6) Warrants, wants, stolen vehicles and stolen property files, address activity files, and other standard police record files searchable with limited or partial information. D. All records and reports will be maintained uniquely by user agency, including security of access. E. The sending, receipt and advice of all teletype messages addressed to or from parties hereto that are pertinent to the operation of the Center, the dispatching of their public safety personnel, or as determined by other policy. F. The performance of other tasks and services necessary and proper for the efficient operation of a comprehensive emergency communications system. 7. If an excise tax to fund Enhanced 9 -1 -1 telephone operations is enacted by the legislative body of Clallam County, such funds shall be made available to the City within three days of receipt by the County. The City shall establish a special revenue fund to account for the receipt and expenditure of all monies related to E -911 telephone operation. The operations within the fund shall be the responsibility of the Port Angeles Police Department and will be administered by the director in accordance with established policies. 5 8. The City shall, without charge to Center the facility and its necessary support, not limited to electrical, heating, conditioning and space for the Center so located in existing City buildings. VI. THE LOWER ELWHA KLALLAM TRIBE AGREES AS FOLLOWS: VII. THE PARTIES HERETO AGREE AS FOLLOWS: 1. Radio frequencies: 6 users, provide including, but lighting, air long as it is 9. Clallam County, as set forth in the Dispatch and Computer Records Service Agreement between the City and Clailam County, an agreement substantially the same as this agreement, shall without charge to the Center's users, provide maintenance of the CPU, peripherals, and programs used to run the CAD and records systems, excluding the costs of software and hardware maintenance contracts. The County will provide personnel time for maintenance and programming of the CAD and records system in exchange for the City providing the facility and its support for the Center. 1. Reliable communications equipment is essential to successful emergency dispatch and public safety communications. In the event the Tribe purchases their own equipment, such equipment shall include, but not be limited to: A. A base station or repeater installation including a standby unit, either of which may be selected by remote control for use by Center personnel; B. An emergency power source for the above communications equipment, capable of at least 8 hours of sustained operation without commercial power. Such emergency power source shall sense a commercial power failure and automatically start and /or transfer said equipment to the emergency power source. 2. The cost of telephone lines, fiber optics, radio or microwave links, or other methods of communication between the Center and the various radio or computer equipment owned or operated by Tribal police personnel, or for the purpose of controlling or using such facilities, shall be the sole responsibility of the Tribe. VIII. FINANCES 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 the Center. Each user shall be responsible for renewing their own radio licenses at the end of the license periods and to maintain their base radio stations, repeaters and other radio support equipment outside the Center's facility. 2. Liabilities: Except for liability that is subject to immunity as provided by Ch. 38.52 RCW, each party agrees to defend, indemnify and to 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 agent of such party. 3. Disputes between parties: Should a dispute arise between the City and any user agency, the parties may resolve the same by submitting the dispute for resolution by negotiation between the parties or 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. 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. 4. In the event a dispute over the terms of this agreement reasonably necessitates the procurement of legal services, the prevailing party shall be entitled to a reasonable attorney's fee and costs. 1. All expenses incurred by the Center shall be paid by the City and shared equitably by the City and all other user agencies in accordance with this Agreement. 2. It shall be the responsibility of the director to prepare an annual budget which will include all necessary and required expenditures and anticipated revenues. The budget shall be reviewed by the Board, and, with its recommendation, submitted to the City Council for approval. Upon request of any user agency, the director shall appear before that agency's legislative body regarding the annual budget or financial contributions. 7 3. User agencies shall, on a quarterly basis, make their financial payments for the cost of operation of the Center. Each user agency will be billed quarterly in equal amounts for their estimated proportional share of the annual operating expenses of the Center. With the exception of the agencies contributing a fixed annual fee, each agency's annual contribution 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. 4. Computation of financial contributions for user agencies who contract for the Center's services on a calls -for- service basis shall be as follows: SHARED BUDGET is determined by first reducing the total annual Center budget by the amount paid by user agencies who contribute on a fixed fee basis, and any other revenue sources made available to the Center, with the remainder shared by users on a "percentage of use" basis. 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 the Center; (1) Law Enforcement and Fire Dispatch, and (2) Emergency Medical Dispatch. ADJUSTED PERCENTAGE OF USE for each of the two major dispatch functions of the Center is calculated by multiplying the Emergency Medical Dispatch activity, expressed as a percentage of use, by a factor of 1.5, the product of which being the portion of the shared budget, expressed as a percentage, for which Emergency Medical Dispatch is responsible, with Law Enforcement and Fire Dispatch responsible for the remaining percentage of the total shared budget. (For example, if during a given year law enforcement dispatches account numerically for 88 percent of the total call- for service activity and fire and emergency medical account for 12 percent, the emergency medical dispatches would be calculated at 1.38 times their actual percentage of total calls, and would be responsible for 16.56 percent of the shared budget. Law enforcement dispatch would be responsible for the remaining 83.44 percent of the budget.) CALL FOR SERVICE COST is calculated as follows: A. LAW ENFORCEMENT DISPATCHES: [Adjusted percentage of use] times [shared budget] divided by [total annual number of law enforcement calls- for service] equals 8 [call- for service cost] for each law enforcement dispatch. B. FIRE AND EMERGENCY MEDICAL DISPATCHES: [Adjusted percentage of use] times [shared budget] divided by [total annual number of fire and emergency medical calls- for service] equals the [call- for service cost] for each fire and emergency medical service dispatch. C. USER AGENCY FINANCIAL CONTRIBUTION: [Total annual law enforcement calls- for service,] times [call for- service cost for law enforcment dispatches] plus [total fire and emergency medical service calls- for service,] times [individual call -for- service cost for fire and emergency medical dispatches] equals user agency annual [financial contribution]. WHERE: "USE" means the total call- for service (CFS) count of the Center. This count does not include activity of any agency who's financial contribution is contracted as a "fixed fee If figures regarding annual calls -for- service are unavailable for a particular user or for the entire Center, the City may extrapolate the available figures in order to determine the yearly CFS units of an individual user, or the Center's total annual CFS units. "FINANCIAL CONTRIBUTION" means the proportion of the Center's total annual budget paid by a user, calculated in accordance with formulae in this section. The contribution may be reduced on a pro rata basis if the user participates in the Center less than a full year. "CALLS- FOR SERVICE" is defined as any incident which results in one or more emergency services units being dispatched and /or a report or event number being drawn. The director may adjust agency totals where "calls -for- service" are assigned differently between agencies. It shall be the goal of the Center to maintain a uniform call- for service counting method among the user agencies. 5. 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 financial contributions, subject to the approval of the users' legislative bodies. 9 6. The parties to this Agreement may, on behalf of the Center, accept gifts and donations in recognition of services rendered, or to enhance, supplement, augment, facilitate or initiate services performed by the Center, 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 party's financial contribution as required by this Agreement, and are the sole property of the Center. Grant applications shall be prepared under supervision of the director. IX. PROPERTY AND EQUIPMENT 1. Initially, the County and the City of Port Angeles agree to combine designated communications center equipment owned by them respectively, or to be obtained by them for this purpose, into equipping the Center. 2. Equipment, software, and other items purchased or upgraded jointly during Center implementation shall be jointly owned and a record of each agency's contribution toward ownership maintained by the director. 3. Center equipment shall be in the custody of the City of Port Angeles, but ownership shall remain in the contributing agency. The City of Port Angeles shall be responsible for the maintenance of all such equipment in good repair, normal wear and tear excepted. Upon initial receipt of custody of equipment from any user whatsoever, the City of Port Angeles shall enter it into a master inventory, describing the equipment fully, including its condition on receipt and the percentage of ownership of each user agency. Should any user withdraw from this Agreement as provided herein, such user shall be credited with or paid the depreciated value of any equipment owned or controlled by it pursuant to this Agreement and the ownership of such equipment shall be deemed transferred to the City. Such payment shall be made within 90 days of the effective date of withdrawal. Equipment jointly purchased shall, upon expiration of this Agreement, become the sole property of the City. 4. Purchase and installation of peripheral equipment necessary to provide local user agency access to computerized data maintained by the Center's CAD or records management systems shall be the responsibility of the user agency and shall only be connected to the CPU upon approval of the director. 10 5. Other users joining herein may contribute equipment to the Center in accordance with the foregoing. Should another user, upon joining herein, decide to maintain dispatch services or active base stations in addition to or in lieu of services received from the Center, it is understood that operational net control remains with the Center, absent agreement to the contrary. 6. Equipment purchased with City budgeted funds after implementation of the Center shall become the property of the City. X. MODIFICATION, WITHDRAWAL AND TERMINATION 1. This Agreement may be modified or extended in duration by mutual agreement of the parties. 2. The parties hereto may withdraw from the Center, terminating this agreement only by legislative act of their respective governing body, communicated to the City in writing. Such withdrawal shall be effective on midnight of December 31, of the year in which notice of withdrawal is tendered and in no case prior to that date. Request to withdraw by either party hereto shall require 3 months advance written notice. 3. Termination of this agreement may be imposed upon any user under the following circumstances: A. The director determines that a consistent pattern of violation, abuse or disregard of operational policies by a user's personnel exists, and such finding is communicated to the Board in writing. B. The director shall consider the recommendations of the Board, and shall attempt to obtain compliance with operational policies by the offending user. If this fails, the City shall have the authority to terminate the user's participation hereunder and exclude the user herefrom. C. Involuntary termination as in (B) above shall be effective 90 days after action by the City. 4. Upon withdrawal of a user agency or termination of this Agreement, property or equipment owned by the user agency so withdrawing shall be returned (subject to the provisions of Section IX, para 3), or, upon agreement of the parties, the Center may purchase the property or equipment from the withdrawing agency. 11 XI. GENERAL TERMS 1. This Agreement contains terms and conditions agreed upon by the parties. The parties agree that there are no other understandings, oral or otherwise, regarding the subject matter of this Agreement. 2. During the performance of this Agreement, the City agrees as follows, unless, and to the extent that, this contract is exempt from federal or state equal opportunity and /or affirmative action requirements under applicable laws, regulations, and court decisions including 41 CFR, Ch.60: A. The City will not discriminate against any employee or applicant for employment because of race, color, religion, sex, Vietnam era veteran status, disabled veteran condition, physical or mental handicap, or national origin. The City will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. The City will take affirmative action to employ, advance in employment, and otherwise treat special qualified disabled or Vietnam era veterans and handicapped individuals without discrimination based upon their disability or veterans' status or physical or mental handicap in employment actions. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and training selection, including apprenticeship. The City agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the local United States Department of Labor Office setting forth the provisions of this Equal Opportunity /Affirmative Action clause. B. The City will, in all solicitations or advertisements for employees placed by or on behalf of the City, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, physical or mental handicap, or national origin, and that the City is under the legal obligation to take affirmative action to employ, advance in employment, and otherwise treat qualified special disabled or Vietnam era veterans and handicapped 12 individuals without discrimination based upon their disability or veterans' status or physical or mental handicap in all employment actions. All suitable employment openings existing at contract award or occurring during contract perfor- mance will be listed at the state employment office in the locality where the opening occurs, provided that this listing requirement shall not apply to openings that the City intends to fill from within its own organization or under a customary and traditional employer -union hiring agreement. C. The City will send to each representative of workers or labor union with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency Contracting Officer, advising the said labor union or workers' representative of the City's commitments under this Equal Opportunity, Affirmative Action clause, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. D. The City will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor, including, but not limited to, the rules, regulations and orders issued by the Secretary of Labor under the Vietnam Era Veterans' Readjustment Assistance Act of 1972, the Rehabilitation Act of 1974 (29 USC 793), and the Americans with Disabilities Act of 1990. E. The City will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigations to ascertain compliance with such rules, regulations and orders. F. The City will not, on grounds of race, color, religion, sex, physical or mental handicap, or national origin: 1) Deny an individual any services or other benefits provided under this Agreement; 13 2) Provide any service(s) or other benefits to an individual which are different, or are provided in a different manner from those provided to others under this Agreement; 3) Subject an individual to segregation or separate treatment in any manner related to the receipt of any service(s) of other benefits provided under this Agreement; 4) Deny any individual an opportunity to participate in any program provided by this Agreement through the provision of services or otherwise, or afford an opportunity to do which is different from that afforded others under this Agreement. The City, in determining (1) the types of services or other benefits to be provided or (2) the class of individuals to whom, or the situation in which, such services or other benefits will be provided or (3) the class of individuals to be afforded an opportunity to participate in any services or other benefits, will not utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination because of their race, color, sex, religion, national origin, creed, or the presence of any sensory, mental or physical handicap. G. In the event of City noncompliance with the nondiscrimination requirements of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated or suspended, in whole or in part, and the City may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 or September 24, 1965, or by rule, regula- tion, or order of the Secretary of Labor, or as otherwise provided by law. H. The City will include the provisions of paragraphs A through G in every subcontract unless exempt by the rules, regulations, or orders of the Secretary of Labor. I. The City will not discriminate against any person because of race, creed, political ideology, color, 14 or 3. Each party agrees to aid and assist the other in accomplishing the objectives of this Agreement. 4. The Agreement shall be binding upon the parties hereto, their successors and assigns. IN WETNESS WHERE 2F, We hereunto attach our signatures this /q day of K)(1/ 1993. CITY OF PO'T ANGEL S LOWER ELWHA KLALLAM TRIBE allett Becky J U Approvd4 as to form Craig Knutson City Attorney national origin, sex, marital status, sexual orientation, age, the presence of any sensory, mental, or physical handicap, or any other basis not reasonably related to the accomplishment of a legitimate governmental purpose, and shall take whatever affirmative action necessary to accomplish this purpose as defined in the state and federal constitutions and applicable court interpretations. 15 ChairpersoiY V Chef Financial Officer Approved as to form Tribal Attorney IMEINOG°3OMOU(c DATE: October 14, 1993 TO: Manager Pomeranz, Mayor Hallett and City Council FROM: Naomi Wu, Communications Manager SUBJECT: Entering into a service agreement between PENCOM and Lower Elwha Klallam Tribe. ISSUE: Should the City Council approve the entering of PENCOM into a service agreement with Lower Elwha Klallam Tribe? RACK GROI JND /ANALYSIS: Peninsula Communications (PENCOM) has been providing dispatch services to Lower Elwha Klallam Tribe without a formal agreement for over a year. This service agreement designates the services to be provided and the responsibilities of each party. The agreement has been examined and signed by the representatives of the Tribal Council. The agreement has been reviewed by the City Attorney's office. RECOMMENDATION: It is recommended that the City Council approve and authorize Mayor Hallett to sign the service agreement. Attachments Port Angeles Poke Department PENCOM DISPATCH AND COMPUTER RECORDS SERVICE AGREEMENT THIS AGREEMENT is entered into by and between the City of Port Angeles, a non charter, code municipal corporation of the State of Washington (hereinafter referred to as "the City and Clallam County Rural Fire Protection District 5, a municipal corporation of the State of Washington (hereinafter referred to as "District 5" or "the District for fire and emergency medical dispatch and related computer records services provided by the communications and records management center operated by the Port Angeles Police Department, (hereinafter referred to as "PENCOM WITNESSETH THAT: 1. WHEREAS, both Port Angeles and District 5 agree that combining emergency communications facilities will provide a more efficient, effective and less costly communications link for those people reporting a fire or medical emergency and for those agencies designated to respond to such emergencies, thereby better serving the public; and 2. WHEREAS, combining certain computer databases and record services among local emergency service providers eliminates duplication and facilitates uniform reporting and recording of fire and emergency medical service events, thereby making critical information immediately available to dispatchers and field personnel during emergencies; and 4. WHEREAS, it is the goal of PENCOM to serve the citizens of District 5 and all other Clallam County Public Safety agencies by consolidating dispatch facilities and providing these services on an equitable cost sharing basis for each agency contracting for said services; and 4. WHEREAS, Chapter 39.34 RCW permits local governmental units to make official use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and pursuant to the provisions of RCW 39.34, the parties hereto do agree as follows: 1 5•,25/7 I. PURPOSE It is the purpose of this agreement to provide a mechanism whereby Clallam County Rural Fire Protection District 5 may obtain their fire and emergency medical service dispatching and certain computer records services by contracting said services from PENCOM, and setting forth the powers, rights and responsibilities of the parties to this agreement. II. DURATION The duration of this Agreement shall be in effect the 1st day of March, 1992 and terminate at midnight on the 31st day of December, 1997, unless this Agreement is sooner modified, extended or terminated in accordance with the terms hereof. III. ADVISORY BOARD The parties hereto agree that advisory board (hereinafter referred to as the "Board shall be the operations policy recommending body for PENCOM. The Board shall be composed of a representative from each agency which is a user of PENCOM's services under contract. PENCOM's director may, as needs dictate, organize subcommittees necessary for the efficient operation of PENCOM. Voting on the board shall be weighted so as to represent the percentage of activity of each user agency based on their average annual number of calls- for service, which shall be first calculated on a one -year, then a two -year base until a three year period of records has been collected; provided that if a full year's figures are unavailable the figures from previous dispatch history may be extrapolated to determine a yearly average. Votes shall be weighted annually in January. Calls -for- service of agencies withdrawing from PENCOM shall be excluded from the formula set forth in paragraph VIII, 4, of this Agreement. 1. The Board may establish by -laws consistent with this Agreement, should the need arise. 2. The Board shall have the authority to: A. Make recommendations for the operation of PENCOM in accordance with industry standards. B. Recommend approval of the joining herein of any other user eligible to participate. 2 C. Recommend services provided to each user agency including use of PENCOM's computerized fire records management systems. D. Review the financial contributions of the parties hereto, and recommend adjustments in the same if the Board finds that any of the parties hereto is bearing an inequitable share of PENCOM's costs. E. Prior to PENCOM's budget approval, the director will, upon request, meet with the Commissioners of District 5, or other user agency legislative bodies if so requested, to review PENCOM's budget and to discuss the Board's recommendations. 3. Decisions reached by the Board shall be by weighted vote of the majority of the membership. IV. JOINING OF OTHER USERS Other governmental bodies or emergency service providers within Clallam County area may make use of PENCOM in accordance with the following: 1. Each such user agency must execute a written agreement, which is substantially the same in content as this agreement, in accordance with the applicable laws of the State of Washington, agreeing to be bound in all respects, including bearing a proportional share of the construction and annual costs to operate PENCOM; 2. The City shall, upon recommendation by the Board, charge each user agency either a fixed annual fee for limited PENCOM services, or a fee based on calls- for service and calculated according to section VIII of this Agreement; 3. The City shall charge each new user 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 user agency; 4. The City shall charge each new user a one time fee based on the new user agency's projected activity with PENCOM as reimbursement for costs incurred by the City and County for construction and implementation of PENCOM. Any reimbursement fees collected by the City from new users shall be placed in a fund maintained by the City and used solely for enhancement of PENCOM; and, 3 5. Upon approval of the joining of a new user hereto, the director shall recompute the financial contributions of the various users of PENCOM, and shall inform them forth- with of their adjusted contribution for the current calendar year. V. THE CITY OF PORT ANGELES AGREES AS FOLLOWS: 1. The City shall sufficiently staff, operate and maintain PENCOM, using employees of the City. 2. The City shall employ and assign the selected director, who shall manage the day -to -day operations of PENCOM. The director shall be responsible to the City of Port Angeles Chief of Police for the staffing and direction of all personnel employed by PENCOM, for budget preparation and management, and for the efficient operation of PENCOM, including the development of operating policies and procedures, planning, scheduling, supervision and the maintenance of liaison with the other users of PENCOM. 3. The City shall maintain records and statistics of the operation of PENCOM for administrative and financial purposes. The City shall, upon request of any user agency, furnish a monthly report of activities of PENCOM and of each user's utilization of PENCOM. 4. The City shall provide the following communications and records services: A. 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. B. The development and utilization of a computer aided dispatch system for emergency vehicles and units, and provision of necessary information thereto. C. The development and utilization of a computerized fire records management system to be provided to the District as well as other selected agencies which have contracted with the City for such services. Entry of information and retrieval of data to and from the system shall be the responsibility of the District except for that data which is captured during the dispatch process. The system shall include when technically feasible and practicable, in addition to computer aided dispatch, at minimum, the following: 4 1 2 Master Name Search containing an index of the District's records by person, business or street name, by address, inspection date, inspector, and fire report number; Incident Report entry, modification and generation according to NFIRS and WAFIRS standards as now or hereafter amended; 3) Pre -plan and inspection records, including business and owners name and address, building construction information, plans review and certification, inspection and re- inspection date tracking, violation and corrective actions taken, and Knox Box information; 4) Invalid and handicap address information, type of disability and special instructions; 5) Hydrant maintenance information including hydrant number, location, type, flow, static, residual, main size, test date etc., and hose maintenance records; 6) Hazardous material inventory, (Tier I and II) MSDS, and employee chemical exposure records; 7) Personnel records including name, address, emergency contacts, certifications, skills, assignments, training and medical data; and, 8) A comprehensive group of management reports including detail, summary, statistical and graphic presentations. D. All records and reports will be maintained uniquely by user agency, including security of access. E. The performance of other tasks and services necessary and proper for the efficient operation of a comprehensive emergency communications system. 5. If an excise tax to fund Enhanced 9 -1 -1 telephone operations is enacted by the legislative body of Clallam County, such funds shall be made available to the City within three days of receipt by the County. The City shall establish a special revenue fund to account for the receipt and expenditure of all monies related to E -911 telephone operation. The operations within the fund shall be the responsibility of the Port Angeles Police Department and will be administered by the director in accordance with established policies. 5 6. The City shall, without charge to PENCOM the facility and its necessary support, not limited to electrical, heating, conditioning and space for PENCOM so located in existing City buildings. users, provide including, but lighting, air long as it is 7. Clallam County, as set forth in the Dispatch and Computer Records Service Agreement between the City and Clallam County, an agreement substantially the same as this agreement, shall, without charge to PENCOM's users, provide maintenance of the CPU, peripherals, and programs used to run the CAD and records systems, excluding the costs of software and hardware maintenance contracts. The County will provide personnel time for maintenance and programming of the CAD and records system in exchange for the City providing the facility and its support for PENCOM. VI. CLALLAM COUNTY FIRE PROTECTION DISTRICT 5 AGREES AS FOLLOWS: 1. Reliable communications equipment is essential to successful emergency dispatch and public safety communications. To this end District 5 agrees to maintain in good repair and working order all equipment, wherever located, that is owned or operated by the district for this purpose, excluding only that equipment owned by PENCOM. Such equipment shall include, but not be limited to: A. A base station or repeater installation including a standby unit, either of which may be selected by remote control for use by PENCOM personnel; B. Emergency power source for the above communications equipment, capable of at least 8 hours of sustained operation without commercial power. Such emergency power source shall sense a commercial power failure and automatically start and /or transfer said equipment to the emergency power source. 2. The cost of telephone 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 District personnel, or for the purpose of controlling or using such facilities, shall be the sole responsibility of the District. VII. THE PARTIES HERETO AGREE AS FOLLOWS: 6 1. 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 and to maintain their base radio stations, repeaters and other radio support equipment outside PENCOM's facility. 2. Liabilities: Except for liability that is subject to immunity as provided by Ch. 38.52 RCW, each party agrees to defend, indemnify and to 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 agent of such party. 3. Disputes between parties: Should a dispute arise between the City and any user agency, the parties may resolve the same by submitting the dispute for resolution by negotiation between the parties or 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. 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. 4. In the event a dispute over the terms of this agreement reasonably necessitates the procurement of legal services, the prevailing party shall be entitled to a reasonable attorney's fee and costs. VIII. FINANCES 1. All expenses incurred by PENCOM shall be paid by the City and shared equitably by the City and all other user agencies in accordance with this Agreement. 2. It shall be the responsibility of the director to prepare an annual budget which will include all necessary and required expenditures and anticipated revenues. The budget shall be reviewed by the Board, and, with its recommendation, submitted to the City Council for approval. Upon request of any user agency the director 7 shall appear before that agency's legislative body regarding the,annual budget or financial contributions. 3. User agencies shall, on a quarterly basis, make their financial payments for the cost of operation of PENCOM. Each user agency will be billed quarterly in equal amounts for their estimated proportional share of the annual operating expenses of PENCOM. Each user agency's annual contribution 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. 4. Computation of financial contributions for user agencies who contract for PENCOM's services on a calls- for service basis shall be as follows: SHARED BUDGET is determined by first reducing the total annual PENCOM budget by the amount paid by user agencies who contribute on a fixed fee basis, and any other revenue sources made available to PENCOM, with the remainder shared by users on a "percentage of use" basis. PERCENTAGE OF USE is established by determining the total number of calls- for service and each user agency's respective percentage of that total for each of the two major functions performed by PENCOM; (1) Law Enforcement Dispatch, and (2) Fire and Emergency Medical Dispatch. ADJUSTED PERCENTAGE OF USE for each of the two major dispatch functions of PENCOM is calculated by multiplying the Law Enforcement Dispatch activity, expressed as a percentage of use, by a factor of 1.0 and the Fire and Emergency Medical Dispatch activity, expressed as a percentage of use, by a factor of 1.38. SHARED BUDGET for each of the two major dispatch functions of PENCOM is calculated by subtracting from the total budget that portion, expressed as an adjusted percentage of use, for which Fire and Emergency Medical Dispatch is responsible, with Law Enforcement Dispatch responsible for the remaining percentage of the total budget. (For example, if during a given year law enforcement dispatches account numerically for 88 percent of the total PENCOM call -for- service activity and fire and emergency medical dispatches account for 12 percent, the fire and emergency medical dispatches would be calculated at 1.38 times their actual percentage of total calls, and would be responsible for 16.56 percent of the shared 8 budget. Law enforcement dispatch would be responsible for the remaining 83.44 percent of the budget). CALL FOR SERVICE COST is calculated as follows: A. LAW ENFORCEMENT DISPATCHES: [Adjusted percentage of use] times [shared budget] divided by [total annual number of law enforcement calls- for service] equals [call -for- service cost] for each law enforcement dispatch. B. FIRE AND EMERGENCY MEDICAL DISPATCHES: [Adjusted percentage of use] times [shared budget] divided by [total annual number of fire and emergency medical calls -for- service] equals the [call- for service cost] for each fire and emergency medical service dispatch. C. USER AGENCY FINANCIAL CONTRIBUTION: [Total annual law enforcement calls- for service,] times [call for- service cost for law enforcement dispatches] plus [total fire and emergency medical service calls- for service,] times [individual call -for- service cost for fire and emergency medical dispatches] equals user agency annual [financial contribution]. WHERE: "USE" means the total call for service (CFS) count of PENCOM. This count does not include activity of any agency who's financial contribution is contracted as a "fixed fee If figures regarding annual calls -for- service are unavailable for a particular user or for the entire Center, the City may extrapolate the available figures in order to determine the yearly CFS units of an individual user or PENCOM's total annual CFS units. "FINANCIAL CONTRIBUTION" means the proportion of PENCOM's total annual budget paid by a user, calculated in accordance with formulae in this section. The contribution may be reduced on a pro rata basis if the user participates in PENCOM for less than a year. "CALL- FOR SERVICE" is defined as any incident which results in one or more emergency services units being dispatched and /or a report or event number being drawn. The director may adjust agency totals where "calls -for- service" are assigned differently between agencies. It shall be the goal of PENCOM to maintain a uniform call for- service counting method among the user agencies. 5. 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 financial contributions, subject to the approval of the users' legislative bodies. 6. The parties to this Agreement may, on behalf of PENCOM, accept gifts and donations in recognition of services rendered, or to enhance, supplement, augment, facilitate tor initiate services performed by PENCOM, including, but 1 i limited to, applying for and receiving grants of money or equipment from other governments. Such gifts and grants shall not replace any party's financial contribution as required by this Agreement, and are the sole property of PENCOM. Grant applications shall be prepared under supervision of the director. IX. PROPERTY AND EQUIPMENT 1. Initially, the County and the City of Port Angeles agree to combine designated communications center equipment owned by them respectively, or to be obtained by them for this purpose, into equipping PENCOM. 2. Equipment, software, and other items purchased or upgraded jointly during PENCOM implementation shall be jointly owned and a record of each agency's contribution toward ownership maintained by the director. 3. PENCOM equipment shall be in the custody of the City of Port Angeles, but ownership shall remain in the contributing agency. The City of Port Angeles shall be responsible for the maintenance of all such equipment in good repair, normal wear and tear excepted. Upon initial receipt of custody of equipment from any user whatsoever, the City of Port Angeles shall enter it into a master inventory, describing the equipment fully, including its condition on receipt and the percentage of ownership of each user agency. Should any user withdraw from this Agreement as provided herein, such user shall be credited with or paid the depreciated value of any equipment owned or controlled by it pursuant to this Agreement and the ownership of such equipment shall be deemed transferred to the City. Such payment shall be made within 90 days of the effective date of withdrawal. Equipment jointly purchased shall, upon expiration of this Agreement, become the sole property of the City. 10 4. Purchase and installation of peripheral equipment necessary to provide the District access to computerized data maintained by PENCOM's CAD or records management systems shall be the responsibility of the District and shall only be connected to the CPU upon approval of the director. 5. Other agencies joining herein may contribute equipment to PENCOM in accordance with the foregoing. Should another agency, upon joining herein, decide to maintain dispatch services or active base stations in addition to or in lieu of services received from PENCOM, it is understood that operational net control remains with PENCOM, absent agreement to the contrary. 6. Equipment purchased with City budgeted funds after implementation of PENCOM shall become the property of the City. X. MODIFICATION, WITHDRAWAL AND TERMINATION 1. This Agreement may be modified or extended in duration by mutual agreement of the parties. 2. The parties hereto may withdraw from PENCOM, terminating this agreement only by legislative act of their respective governing body, communicated to the City in writing. Such withdrawal shall be effective on midnight of December 31, of the year in which notice of withdrawal is tendered and in no case prior to that date. Request to withdraw by either party hereto shall require 3 months advance written notice. 3. Termination of this agreement may be imposed upon any user under the following circumstances: A. The director determines of violation, abuse or policies by an agency's finding is communicated 11 that a consistent pattern disregard of operational personnel exists, and such to the Board in writing. B. The director shall consider the recommendations of the Board, and shall attempt to obtain compliance with operational policies by the offending agency. If this fails, the City shall have the authority to terminate the agency's participation hereunder and exclude the agency herefrom. C. Involuntary termination as in (B) above shall be effective 90 days after action by the City. 4. Upon withdrawal of an agency or termination of this Agreement, property or equipment owned by the agency so withdrawing shall be returned (subject to the provisions of Section IX, para 3), or, upon agreement of the parties, PENCOM may purchase the property or equipment from the withdrawing agency. XI. GENERAL TERMS 1. This Agreement contains terms and conditions agreed upon by the parties. The parties agree that there are no other understandings, oral or otherwise, regarding the subject matter of this Agreement. 2. During the performance of this Agreement, the City agrees as follows, unless, and to the extent that, this contract is exempt from federal or state equal opportunity and /or affirmative action requirements under applicable laws, regulations, and court decisions including 41 CFR, Ch.60: A. The City will not discriminate against any employee or applicant for employment because of race, color, religion, sex, Vietnam era veteran status, disabled veteran condition, physical or mental handicap, or national origin. The City will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. The City will take affirmative action to employ, advance in employment, and otherwise treat qualified special disabled or Vietnam era veterans and handicapped individuals without discrimination based upon their disability or veterans' status or physical or mental handicap in all employment actions. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The City agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the local United States Department of Labor Office setting forth the provisions of this Equal Opportuni- ty /Affirmative Action clause. 12 B. The City will, in all solicitations or advertisements for employees placed by or on behalf of the City, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, physical or mental handicap, or national origin, and that the City is under the legal obligation to take affirmative action to employ, advance in employment, and otherwise treat qualified special disabled or Vietnam era veterans and handicapped individuals without discrimination based upon their disability or veterans' status or physical or mental handicap in all employment actions. All suitable employment openings existing at contract award or occurring during contract perfor- mance will be listed at the state employment office in the locality where the opening occurs, provided that this listing requirement shall not apply to openings that the City intends to fill from within its own organization or under a customary and traditional employer -union hiring agreement. C. The City will send to each representative of workers or labor union with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency Contracting Officer, advising the said labor union or workers' representative of the City's commitments under this Equal Opportunity, Affirmative Action clause, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. D. The City will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor, including, but not limited to, the rules, regulations and orders issued by the Secretary of Labor under the Vietnam Era Veterans' Readjustment Assistance Act of 1972, the Rehabilitation Act of 1974 (29 USC 793), and the Americans with Disabilities Act of 1990. E. The City will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigations 13 to ascertain compliance with such rules, regulations and orders. F. The City will not, on grounds of race, color, religion, sex, physical or mental handicap, or national origin: 1) Deny an individual any services or other benefits provided under this Agreement; 2) Provide any service(s) or other benefits to an individual which are different, or are provided in a different manner from those provided to others under this Agreement; 3) Subject an individual to segregation or separate treatment in any manner related to the receipt of any service(s) of other benefits provided under this Agreement; 4) Deny any individual an opportunity to participate in any program provided by this Agreement through the provision of services or otherwise, or afford an opportunity to do which is different from that afforded others under this Agreement. The City, in determining (1) the types of services or other benefits to be provided or (2), the class of individuals to whom, or the situation in which, such services or other benefits will be provided or (3) the class of individuals to be afforded an opportunity to participate in any services or other benefits, will not utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination because of their race, color, sex, religion, national origin, creed, or the presence of any sensory, mental or physical handicap. G. In the event of City noncompliance with the nondiscrimination requirements of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated or suspended, in whole or in part, and the City may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 or September 24, 1965, or by rule, regula- 14 or _60_0 Chi Becky Citv/C dist5�ccnt.D081 tion, or order of the Secretary of Labor, or as otherwise provided by law. H. The City will not discriminate against any person because of race, creed, political ideology, color, national origin, sex, marital status, sexual orientation, age, the presence of any sensory, mental, or physical handicap, or any other basis not reasonably related to the accomplishment of a legitimate governmental purpose, and shall take whatever affirmative action necessary to accomplish this purpose as defined in the state and federal constitutions and applicable court interpretations. I. The City will include the provisions of paragraphs A through G in every subcontract unless exempt by the rules, regulations, or orders of the Secretary of Labor. 3. Each party agrees to aid and assist the other in accomplishing the objectives of this Agreement. 4. The Agreement shall be binding upon the parties hereto, their successors and assigns. IN WITNESS WHEREOF, We hereunto attach our signatures this g day of L- e 1993. CITY OF 'O "T ANGELES allett Approved as `to` form Craig Kn tson City Attorney 15 CLALLAM COUNTY FIRE DISTRICT 5 Commissioner c��'eA, a Commidsioner Commissioner Approved as Worm Attorney for 'PJistrict 5 P 1 PENCOM DISPATCH AND COMPUTER RECORDS SERVICE AGREEMENT THIS AGREEMENT is entered into by and between the City of Port Angeles, a non charter, code municipal corporation of the State of Washington (hereinafter referred to as "the City and Clallam County Rural Fire Protection District 4, a municipal corporation of the State of Washington (hereinafter referred to as "District 4" or "the District for fire and emergency medical dispatch and related computer records services provided by the communications and records management center operated by the Port Angeles Police Department, (hereinafter referred to as "PENCOM WITNESSETH THAT: 5,a 7 1. WHEREAS, both Port Angeles and District 4 agree that combining emergency communications facilities will provide a more efficient, effective and less costly communications link for those people reporting a fire or medical emergency and for those agencies designated to respond to such emergencies, thereby better serving the public; and 2. WHEREAS, combining certain computer databases and record services among local emergency service providers eliminates duplication and facilitates uniform reporting and recording of fire and emergency medical service events, thereby making critical information immediately available to dispatchers and field personnel during emergencies; and 4. WHEREAS, it is the goal of PENCOM to serve the citizens of District 4 and all other Clallam County Public Safety agencies by consolidating dispatch facilities and providing these services on an equitable cost sharing basis for each agency contracting for said services; and 4. WHEREAS, Chapter 39.34 RCW permits local governmental units to make official use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and pursuant to the provisions of RCW 39.34, the parties hereto do agree as follows: 1 I. PURPOSE It is the purpose of this agreement to provide a mechanism whereby Clallam County Rural Fire Protection District 4 may obtain their fire and emergency medical service dispatching and certain computer records services by contracting said services from PENCOM, and setting forth the powers, rights and responsibilities of the parties to this agreement. II. DURATION The duration of this Agreement shall be in effect the 1st day of March, 1992 and terminate at midnight on the 31st day of December, 1997, unless this Agreement is sooner modified, extended or terminated in accordance with the terms hereof. III. ADVISORY BOARD The parties hereto agree that advisory board (hereinafter referred to as the "Board shall be the operations policy recommending body for PENCOM. The Board shall be composed of a representative from each agency which is a user of PENCOM's services under contract. PENCOM's director may, as needs dictate, organize subcommittees necessary for the efficient operation of PENCOM. Voting on the board shall be weighted so as to represent the percentage of activity of each user agency based on their average annual number of calls for service, which shall be first calculated on a one -year, then a two -year base until a three year period of records has been collected; provided that if a full year's figures are unavailable the figures from previous dispatch history may be extrapolated to determine a yearly average. Votes shall be weighted annually in January. Calls -for- service of agencies withdrawing from PENCOM shall be excluded from the formula set forth in paragraph VIII, 4, of this Agreement. 1. The Board may establish by -laws consistent with this Agreement, should the need arise. 2. The Board shall have the authority to: A. Make recommendations for the operation of PENCOM in accordance with industry standards. B. Recommend approval of the joining herein of any other user eligible to participate. 2 C. Recommend services provided to each user agency including use of PENCOM's computerized fire records management systems. D. Review the financial contributions of the parties hereto, and recommend adjustments in the same if the Board finds that any of the parties hereto is bearing an inequitable share of PENCOM's costs. E. Prior to PENCOM's budget approval, the director will, upon request, meet with the Commissioners of District 4, or other user agency legislative bodies if so requested, to review PENCOM's budget and to discuss the Board's recommendations. 3. Decisions reached by the Board shall be by weighted vote of the majority of the membership. IV. JOINING OF OTHER USERS Other governmental bodies or emergency service providers within Clallam County area may make use of PENCOM in accordance with the following: 1. Each such user agency must execute a written agreement, which is substantially the same in content as this agreement, in accordance with the applicable laws of the State of Washington, agreeing to be bound in all respects, including bearing a proportional share of the construction and annual costs to operate PENCOM; 2. The City shall, upon recommendation by the Board, charge each user agency either a fixed annual fee for limited PENCOM services, or a fee based on calls for service and calculated according to section VIII of this Agreement; 3. The City shall charge each new user 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 user agency; 4. The City shall charge each new user a one time fee based on the new user agency's projected activity with PENCOM as reimbursement for costs incurred by the City and County for construction and implementation of PENCOM. Any reimbursement fees collected by the City from new users shall be placed in a fund maintained by the City and used solely for enhancement of PENCOM; and, 3 5. Upon approval of the joining of a new user hereto, the director shall recompute the financial contributions of the various users of PENCOM, and shall inform them forth- with of their adjusted contribution for the current calendar year. V. THE CITY OF PORT ANGELES AGREES AS FOLLOWS: 1. The City shall sufficiently staff, operate and maintain PENCOM, using employees of the City. 2. The City shall employ and assign the selected director, who shall manage the day -to -day operations of PENCOM. The director shall be responsible to the City of Port Angeles Chief of Police for the staffing and direction of all personnel employed by PENCOM, for budget preparation and management, and for the efficient operation of PENCOM, including the development of operating policies and procedures, planning, scheduling, supervision and the maintenance of liaison with the other users of PENCOM. 3. The City shall maintain records and statistics of the operation of PENCOM for administrative and financial purposes. The City shall, upon request of any user agency, furnish a monthly report of activities of PENCOM and of each user's utilization of PENCOM. 4. The City shall provide the following communications and records services: A. 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. B. The development and utilization of a computer aided dispatch system for emergency vehicles and units, and provision of necessary information thereto. C. The development and utilization of a computerized fire records management system to be provided to the District as well as other selected agencies which have contracted with the City for such services. Entry of information and retrieval of data to and from the system shall be the responsibility of the District except for that data which is captured during the dispatch process. The system shall include when technically feasible and practicable, in addition to computer aided dispatch, at minimum, the following: 4 1) Master Name Search containing an index of the District's records by person, business or street name, by address, inspection date, inspector, and fire report number; 2) Incident Report entry, modification and generation according to NFIRS and WAFIRS standards as now or hereafter amended; 3) Pre -plan and inspection records, including business and owners name and address, building construction information, plans review and certification, inspection and re- inspection date tracking, violation and corrective actions taken, and Knox Box information; 4) Invalid and handicap address information, type of disability and special instructions; 5) Hydrant maintenance information including hydrant number, location, type, flow, static, residual, main size, test date etc., and hose maintenance records; 6) Hazardous material inventory, (Tier I and II) MSDS, and employee chemical exposure records; 7) Personnel records including name, address, emergency contacts, certifications, skills, assignments, training and medical data; and, 8) A comprehensive group of management reports including detail, summary, statistical and graphic presentations. D. All records and reports will be maintained uniquely by user agency, including security of access. E. The performance of other tasks and services necessary and proper for the efficient operation of a comprehensive emergency communications system. 5. If an excise tax to fund Enhanced 9 -1 -1 telephone operations is enacted by the legislative body of Clallam County, such funds shall be made available to the City within three days of receipt by the County. The City shall establish a special revenue fund to account for the receipt and expenditure of all monies related to E -911 telephone operation. The operations within the fund shall be the responsibility of the Port Angeles Police Department and will be administered by the director in accordance with established policies. 5 6. The City shall, without charge to PENCOM users, provide the facility and its necessary support, including, but not limited to electrical, heating, lighting, air conditioning and space for PENCOM so long as it is located in existing City buildings. 7. Clallam County, as set forth in the Dispatch and Computer Records Service Agreement between the City and Clallam County, an agreement substantially the same as this agreement, shall, without charge to PENCOM's users, provide maintenance of the CPU, peripherals, and programs used to run the CAD and records systems, excluding the costs of software and hardware maintenance contracts. The County will provide personnel time for maintenance and programming of the CAD and records system in exchange for the City providing the facility and its support for PENCOM. VI. CLALLAM COUNTY FIRE PROTECTION DISTRICT 4 AGREES AS FOLLOWS: 1. Reliable communications equipment is essential to successful emergency dispatch and public safety communications. To this end District 4 agrees to maintain in good repair and working order all equipment, wherever located, that is owned or operated by the district for this purpose, excluding only that equipment owned by PENCOM. Such equipment shall include, but not be limited to: A. A base station or repeater installation including a standby unit, either of which may be selected by remote control for use by PENCOM personnel; B. Emergency power source for the above communications equipment, capable of at least 8 hours of sustained operation without commercial power. Such emergency power source shall sense a commercial power failure and automatically start and /or transfer said equipment to the emergency power source. 2. The cost of telephone 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 District personnel, or for the purpose of controlling or using such facilities, shall be the sole responsibility of the District. VII. THE PARTIES HERETO AGREE AS FOLLOWS: 6 1. Radio frequencies: VIII. FINANCES 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 and to maintain their base radio stations, repeaters and other radio support equipment outside PENCOM's facility. 2. Liabilities: Except for liability that is subject to immunity as provided by Ch. 38.52 RCW, each party agrees to defend, indemnify and to 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 agent of such party. 3. Disputes between parties: Should a dispute arise between the City and any user agency, the parties may resolve the same by submitting the dispute for resolution by negotiation between the parties or 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. 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. 4. In the event a dispute over the terms of this agreement reasonably necessitates the procurement of legal services, the prevailing party shall be entitled to a reasonable attorney's fee and costs. 1. All expenses incurred by PENCOM shall be paid by the City and shared equitably by the City and all other user agencies in accordance with this Agreement. 2. It shall be the responsibility of the director to prepare an annual budget which will include all necessary and required expenditures and anticipated revenues. The budget shall be reviewed by the Board, and, with its recommendation, submitted to the City Council for approval. Upon request of any user agency the director 7 shall appear before that agency's legislative body regarding the annual budget or financial contributions. 3. User agencies shall, on a quarterly basis, make their financial payments for the cost of operation of PENCOM. Each user agency will be billed quarterly in equal amounts for their estimated proportional share of the annual operating expenses of PENCOM. Each user agency's annual contribution 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. 4. Computation of financial contributions for user agencies who contract for PENCOM's services on a calls- for service basis shall be as follows: SHARED BUDGET is determined by first reducing the total annual PENCOM budget by the amount paid by user agencies who contribute on a fixed fee basis, and any other revenue sources made available to PENCOM, with the remainder shared by users on a "percentage of use" basis. PERCENTAGE OF USE is established by determining the total number of calls- for service and each user agency's respective percentage of that total for each of the two major functions performed by PENCOM; (1) Law Enforcement Dispatch, and (2) Fire and Emergency Medical Dispatch. ADJUSTED PERCENTAGE OF USE for each of the two major dispatch functions of PENCOM is calculated by multiplying the Law Enforcement Dispatch activity, expressed as a percentage of use, by a factor of 1.0 and the Fire and Emergency Medical Dispatch activity, expressed as a percentage of use, by a factor of 1.38. SHARED BUDGET for each of the two major dispatch functions of PENCOM is calculated by subtracting from the total budget that portion, expressed as an adjusted percentage of use, for which Fire and Emergency Medical Dispatch is responsible, with Law Enforcement Dispatch responsible for the remaining percentage of the total budget. (For example, if during a given year law enforcement dispatches account numerically for 88 percent of the total PENCOM call- for service activity and fire and emergency medical dispatches account for 12 percent, the fire and emergency medical dispatches would be calculated at 1.38 times their actual percentage of total calls, and would be responsible for 16.56 percent of the shared 8 budget. Law enforcement dispatch would be responsible for the remaining 83.44 percent of the budget). CALL FOR SERVICE COST is calculated as follows: A. LAW ENFORCEMENT DISPATCHES: [Adjusted percentage of use] times [shared budget] divided by [total annual number of law enforcement calls- for service] equals [call- for service cost] for each law enforcement dispatch. B. FIRE AND EMERGENCY MEDICAL DISPATCHES: [Adjusted percentage of use] times [shared budget] divided by [total annual number of fire and emergency medical calls- for service] equals the [call- for service cost] for each fire and emergency medical service dispatch. C. USER AGENCY FINANCIAL CONTRIBUTION: [Total annual law enforcement calls- for service,] times [call for- service cost for law enforcement dispatches] plus [total fire and emergency medical service calls- for service,] times [individual call -for- service cost for fire and emergency medical dispatches] equals user agency annual [financial contribution]. WHERE: "USE" means the total call- for service (CFS) count of PENCOM. This count does not include activity of any agency who's financial contribution is contracted as a "fixed fee If figures regarding annual calls -for- service are unavailable for a particular user or for the entire Center, the City may extrapolate the available figures in order to determine the yearly CFS units of an individual user or PENCOM's total annual CFS units. "FINANCIAL CONTRIBUTION" means the proportion of PENCOM's total annual budget paid by a user, calculated in accordance with formulae in this section. The contribution may be reduced on a pro rata basis if the user participates in PENCOM for less than a year. "CALL- FOR SERVICE" is defined as any incident which results in one or more emergency services units being dispatched and /or a report or event number being drawn. The director may adjust agency totals where "calls -for- service" are assigned differently between agencies. It shall be the goal of PENCOM to maintain a uniform call for- service counting method among the user agencies. 5. 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 financial contributions, subject to the approval of the users' legislative bodies. 6. The parties to this Agreement may, on behalf of PENCOM, accept gifts and donations in recognition of services rendered, or to enhance, supplement, augment, facilitate or initiate services performed by PENCOM, including, but limited to, applying for and receiving grants of money or equipment from other governments. Such gifts and grants shall not replace any party's financial contribution as required by this Agreement, and are the sole property of PENCOM. Grant applications shall be prepared under supervision of the director. IX. PROPERTY AND EQUIPMENT 1. Initially, the County and the City of Port Angeles agree to combine designated communications center equipment owned by them respectively, or to be obtained by them for this purpose, into equipping PENCOM. 2. Equipment, software, and other items purchased or upgraded jointly during PENCOM implementation shall be jointly owned and a record of each agency's contribution toward ownership maintained by the director. 3. PENCOM equipment shall be in the custody of the City of Port Angeles, but ownership shall remain in the contributing agency. The City of Port Angeles shall be responsible for the maintenance of all such equipment in good repair, normal wear and tear excepted. Upon initial receipt of custody of equipment from any user whatsoever, the City of Port Angeles shall enter it into a master inventory, describing the equipment fully, including its condition on receipt and the percentage of ownership of each user agency. Should any user withdraw from this Agreement as provided herein, such user shall be credited with or paid the depreciated value of any equipment owned or controlled by it pursuant to this Agreement and the ownership of such equipment shall be deemed transferred to the City. Such payment shall be made within 90 days of the effective date of withdrawal. Equipment jointly purchased shall, upon expiration of this Agreement, become the sole property of the City. 10 4. Purchase and installation of peripheral equipment necessary to provide the District access to computerized data maintained by PENCOM's CAD or records management systems shall be the responsibility of the District and shall only be connected to the CPU upon approval of the director. 5. Other agencies joining herein may contribute equipment to PENCOM in accordance with the foregoing. Should another agency, upon joining herein, decide to maintain dispatch services or active base stations in addition to or in lieu of services received from PENCOM, it is understood that operational net control remains with PENCOM, absent agreement to the contrary. 6. Equipment purchased with City budgeted funds after implementation of PENCOM shall become the property of the City. X. MODIFICATION, WITHDRAWAL AND TERMINATION 1. This Agreement may be modified or extended in duration by mutual agreement of the parties. 2. The parties hereto may withdraw from PENCOM, terminating this agreement only by legislative act of their respective governing body, communicated to the City in writing. Such withdrawal shall be effective on midnight of December 31, of the year in which notice of withdrawal is tendered and in no case prior to that date. Request to withdraw by either party hereto shall require 3 months advance written notice. 3. Termination of this agreement may be imposed upon any user under the following circumstances: A. The director determines that a consistent pattern of violation, abuse or disregard of operational policies by an agency's personnel exists, and such finding is communicated to the Board in writing. B. The director shall consider the recommendations of the Board, and shall attempt to obtain compliance with operational policies by the offending agency. If this fails, the City shall have the authority to terminate the agency's participation hereunder and exclude the agency herefrom. C. Involuntary termination as in (B) above shall be effective 90 days after action by the City. 11 4. Upon withdrawal of an agency or termination of this Agreement, property or equipment owned by the agency so withdrawing shall be returned (subject to the provisions of Section IX, para 3), or, upon agreement of the parties, PENCOM may purchase the property or equipment from the withdrawing agency. XI. GENERAL TERMS 1. This Agreement contains terms and conditions agreed upon by the parties. The parties agree that there are no other understandings, oral or otherwise, regarding the subject matter of this Agreement. 2. During the performance of this Agreement, the City agrees as follows, unless, and to the extent that, this contract is exempt from federal or state equal opportunity and /or affirmative action requirements under applicable laws, regulations, and court decisions including 41 CFR, Ch.60: A. The City will not discriminate against any employee or applicant for employment because of race, color, religion, sex, Vietnam era veteran status, disabled veteran condition, physical or mental handicap, or national origin. The City will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. The City will take affirmative action to employ, advance in employment, and otherwise treat qualified special disabled or Vietnam era veterans and handicapped individuals without discrimination based upon their disability or veterans' status or physical or mental handicap in all employment actions. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The City agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the local United States Department of Labor Office setting forth the provisions of this Equal Opportuni- ty/Affirmative Action clause. 12 B. The City will, in all solicitations or advertisements for employees placed by or on behalf of the City, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, physical or mental handicap, or national origin, and that the City is under the legal obligation to take affirmative action to employ, advance in employment, and otherwise treat qualified special disabled or Vietnam era veterans and handicapped individuals without discrimination based upon their disability or veterans' status or physical or mental handicap in all employment actions. All suitable employment openings existing at contract award or occurring during contract perfor- mance will be listed at the state employment office in the locality where the opening occurs, provided that this listing requirement shall not apply to openings that the City intends to fill from within its own organization or under a customary and traditional employer -union hiring agreement. C. The City will send to each representative of workers or labor union with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency Contracting Officer, advising the said labor union or workers' representative of the City's commitments under this Equal Opportunity, Affirmative Action clause, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. D. The City will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor, including, but not limited to, the rules, regulations and orders issued by the Secretary of Labor under the Vietnam Era Veterans' Readjustment Assistance Act of 1972, the Rehabilitation Act of 1974 (29 USC 793), and the Americans with Disabilities Act of 1990. E. The City will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigations 13 to ascertain compliance with such rules, regulations and orders. F. The City will not, on grounds of race, color, religion, sex, physical or mental handicap, or national origin: 1) Deny an individual any services or other benefits provided under this Agreement; 2) Provide any service(s) or other benefits to an individual which are different, or are provided in a different manner from those provided to others under this Agreement; 3) Subject an individual to segregation or separate treatment in any manner related to the receipt of any service(s) of other benefits provided under this Agreement; 4) Deny any individual an opportunity to participate in any program provided by this Agreement through the provision of services or otherwise, or afford an opportunity to do which is different from that afforded others under this Agreement. The City, in determining (1) the types of services or other benefits to be provided or (2) the class of individuals to whom, or the situation in which, such services or other benefits will be provided or (3) the class of individuals to be afforded an opportunity to participate in any services or other benefits, will not utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination because of their race, color, sex, religion, national origin, creed, or the presence of any sensory, mental or physical handicap. G. In the event of City noncompliance with the nondiscrimination requirements of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated or suspended, in whole or in part, and the City may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 or September 24, 1965, or by rule, regula- 14 Jams 0% Jriallett Major l tion, or order of the Secretary of Labor, or as otherwise provided by law. H. The City will not discriminate against any person because of race, creed, political ideology, color, national origin, sex, marital status, sexual orientation, age, the presence of any sensory, mental, or physical handicap, or any other basis not reasonably related to the accomplishment of a legitimate governmental purpose, and shall take whatever affirmative action necessary to accomplish this purpose as defined in the state and federal constitutions and applicable court interpretations. I. The City will include the provisions of paragraphs A through G in every subcontract unless exempt by the rules, regulations, or orders of the Secretary of Labor. 3. Each party agrees to aid and assist the other in accomplishing the objectives of this Agreement. 4. The Agreement shall be binding upon the parties hereto, their successors and assigns. IN WITNESS WHEREOF, We hereunto attach our signatures this (Q).5/ day of 1993. Becky Cit Approve8 as to form Craig Knutson City Attorney dist4cont.D081 15 CLALLAM COUNTY FIRE DISTRICT 4 CL2 4 0 Commissioner V 61.2e./ Ari/W/L/ Commissioner -246-A9A-(-"azc Commissioner ommissioner Approved as to form Attorney for Clallam Co. FPD No. 4 The City of Port Angeles, as operator of PENCOM combined dispatch center, wishes to install 3,000 feet of IBM twin -ax computer cable between the Sequim Police Department at City Hall in Sequim and Fire District No. 3's Sequim fire station as part of the combined dispatch and record keeping operation of PENCOM. Northland Cable, which has the necessary equipment and expertise, has agreed to install the cable and bind it to its own existing cable runs. Northland has offered to install the cable for materials expense only, donating the labor and equipment as a public service. The purpose of this agreement is to hold Northland Cable harmless from liability exposure related to the cable it has agreed to install for the City. The City of Port Angeles agrees to indemnify and hold harmless Northland Cable and all other utilities using the utility poles upon which the City's cable is installed from any and all damage and liability incident to the installation, presence, maintenance or use of City's cable upon such jointly used poles. City further guarantees no interference to the Northland signal from the cable so bound to existing Northland Cable runs. DATED this 17th day of November APPROVED AS TO FORM By: k /mil 4/( G�� c City Attorney PAPDAGR INSTALLATION AND HOLD HARMLESS AGREEMENT 1992. CITY OF PORT ANGELES saw PENCOM DISPATCH AND COMPUTER RECORDS SERVICE AGREEMENT THIS AGREEMENT is entered into by and between the City of Port Angeles, a non charter, code municipal corporation of the State of Washington (hereinafter referred to as "the City and Clallam County Rural Fire Protection District 2, a municipal corporation of the State of Washington (hereinafter referred to as "District 2" or "the District for fire and emergency medical dispatch and related computer records services provided by the communications and records management center operated by the Port Angeles Police Department, (hereinafter referred to as the "Center WITNESSETH THAT: 1. WHEREAS, both Port Angeles and District 2 agree that combining emergency communications facilities will provide a more efficient, effective and less costly communications link for those people reporting a fire or medical emergency and for those agencies designated to respond to such emergencies, thereby better serving the public; and 2. WHEREAS, combining certain computer databases and record services among local emergency service providers eliminates duplication and facilitates uniform reporting and recording of fire and emergency medical service events, thereby making critical information immediately available to dispatchers and field personnel during emergencies; and 3. WHEREAS, it is the goal of the Center to serve the citizens of District 2 and all other Clallam County Public Safety agencies by consolidating dispatch facilities and providing these services on an equitable cost sharing basis for each agency contracting for said services; and 4. WHEREAS, Chapter 39.34 RCW permits local governmental units to make official use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and pursuant to the provisions of RCW 39.34, the parties hereto do agree as follows: 1 5,a 7 I. PURPOSE It is the purpose of this agreement to provide a mechanism whereby Clallam County Rural Fire Protection District 2 may obtain their fire and emergency medical service dispatching and certain computer records services by contracting said services from the Center, and setting forth the powers, rights and responsibilities of the parties to this agreement. II. DURATION The duration of this Agreement shall be in effect the 1st day of January, 1992 and terminate at midnight on the 31st day of December, 1997, unless this Agreement is sooner modified, extended or terminated in accordance with the terms hereof. III. ADVISORY BOARD The parties hereto agree that advisory board (hereinafter referred to as the "Board shall be the operations policy recommending body for the Center. The Board shall be composed of a representative from each agency which is a user of the Center's services under contract. The Center's director may, as needs dictate, organize subcommittees necessary for the efficient operation of the Center. Voting on the board shall be weighted so as to represent the percentage of activity of each user agency based on their average annual number of calls- for service, which shall be first calculated on a one -year, then a two -year base until a three year period of records has been collected; provided that if a full year's figures are unavailable the figures from previous dispatch history may be extrapolated to determine a yearly average. Votes shall be weighted annually in January. Calls -for- service of agencies withdrawing from the Center shall be excluded from the formula set forth in paragraph VIII, 4, of this Agreement. 1. The Board may establish by -laws consistent with this Agreement, should the need arise. 2. The Board shall have the authority to: A. Make recommendations for the operation of the Center in accordance with industry standards. B. Recommend approval of the joining herein of any other user eligible to participate. 2 C. Recommend services provided to each user agency including use of the Center's computerized fire records management systems. D. Review the financial contributions of the parties hereto, and recommend adjustments in the same if the Board finds that any of the parties hereto is bearing an inequitable share of the Center's costs. E. Prior to the Center's budget approval, the director will, upon request, meet with the Commissioners of District 2, or other user agency legislative bodies if so requested, to review the Center's budget and to discuss the Board's recommendations. 3. Decisions reached by the Board shall be by weighted vote of the majority of the membership. IV. JOINING OF OTHER USERS Other governmental bodies or emergency service providers within Clallam County area may make use of the Center in accordance with the following: 1. Each such user agency must execute a written agreement, which is substantially the same in content as this agreement, in accordance with the applicable laws of the State of Washington, agreeing to be bound in all respects, including bearing a proportional share of the construction and annual costs to operate the Center; 2. The City shall, upon recommendation by the Board, charge each user agency either a fixed annual fee for limited Center services, or a fee based on calls for service and calculated according to section VIII of this Agreement; 3. The City shall charge each new user 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 user agency; 4. The City shall charge each new user a one time fee based on the new user agency's projected activity with the Center as reimbursement for costs incurred by the City and County for construction and implementation of the Center. Any reimbursement fees collected by the City from new users shall be placed in a fund maintained by the City and used solely for enhancement of the Center; and, 3 5. Upon approval of the joining of a new user hereto, the director shall recompute the financial contributions of the various users of the Center, and shall inform them forthwith of their adjusted contribution for the current calendar year. V. THE CITY OF PORT ANGELES AGREES AS FOLLOWS: 1. The City shall sufficiently staff, operate and maintain the Center, using employees of the City. 2. The City shall employ and assign the selected director, who shall manage the day -to -day operations of the Center. The director shall be responsible to the City of Port Angeles Chief of Police for the staffing and direction of all personnel employed by the Center, for budget preparation and management, and for the efficient operation of the Center, including the development of operating policies and procedures, planning, scheduling, supervision and the maintenance of liaison with the other users of the Center. 3. The City shall maintain records and statistics of the operation of the Center for administrative and financial purposes. The City shall, upon request of any user agency, furnish a monthly report of activities of the Center and of each user's utilization of the Center. 4. The City shall provide the following communications and records services: A. 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 the Center. B. The development and utilization of a computer aided dispatch system for emergency vehicles and units, and provision of necessary information thereto. C. The development and utilization of a computerized fire records management system to be provided to the District as well as other selected user agencies which have contracted with the City for such services. Entry of information and retrieval of data to and from the system shall be the responsibility of the user agency except for that data which is captured during the dispatch process. The system shall include, in addition to computer aided dispatch, at minimum, the following: 4 1) Master Name Search containing an index of the District's records by person, business or street name, by address, inspection date, inspector, and fire report number; 2) Incident Report entry, modification and generation according to NFIRS and WAFIRS standards as now or hereafter amended; 3) Pre -plan and inspection records, including business and owners name and address, building construction information, plans review and certification, inspection and re- inspection date tracking, violation and corrective actions taken, and Knox Box information; 4) Invalid and handicap address information, type of disability and special instructions; 5) Hydrant maintenance information including hydrant number, location, type, flow, static, residual, main size, test date etc., and hose maintenance records; 6 7 Hazardous material inventory, (Tier I and II) MSDS, and employee chemical exposure records; Personnel records including name, address, emergency contacts, certifications, skills, assignments, training and medical data; and, 8) A comprehensive group of management reports including detail, summary, statistical and graphic presentations. D. All records and reports will be maintained uniquely by user agency, including security of access. E. The performance of other tasks and services necessary and proper for the efficient operation of a comprehensive emergency communications system. 5. If an excise tax to fund Enhanced 9 -1 -1 telephone operations is enacted by the legislative body of Clallam County, such funds shall be made available to the City within three days of receipt by the County. The City shall establish a special revenue fund to account for the receipt and expenditure of all monies related to E -911 telephone operation. The operations within the fund shall be the responsibility of the Port Angeles Police Department and will be administered by the director in accordance with established policies. 5 6. The City shall, without charge to Center the facility and its necessary support, not limited to electrical, heating, conditioning and space for the Center so located in existing City buildings. VII. THE PARTIES HERETO AGREE AS FOLLOWS: 1. Radio frequencies: 6 users, provide including, but lighting, air long as it is 7. Clallam County, as set forth in the Dispatch and Computer Records Service Agreement between the City and Clallam County, an agreement substantially the same as this agreement, shall, without charge to the Center's users, provide maintenance of the CPU, peripherals, and programs used to run the CAD and records systems, excluding the costs of software and hardware maintenance contracts. The County will provide personnel time for maintenance and programming of the CAD and records system in exchange for the City providing the facility and its support for the Center. VI. CLALLAM COUNTY FIRE PROTECTION DISTRICT 2 AGREES AS FOLLOWS: 1. Reliable communications equipment is essential to successful emergency dispatch and public safety communications. To this end District 2 agrees to maintain in good repair and working order all equipment, wherever located, that is owned or operated by the district for this purpose, excluding only that equipment owned by the Center. 2. The cost of telephone lines, fiber optics, radio or microwave links or other methods of communication between the Center and the various radio or computer equipment owned or operated by District personnel, or for the purpose of controlling or using such facilities, shall be the sole responsibility of the District. 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 the Center. Each user shall be responsible for renewing their own radio licenses at the end of the license periods and to maintain their base radio stations, repeaters and other radio support equipment outside the Center's facility. VIII. FINANCES So long as the District shares an operational radio frequency with the City of Port Angeles Fire department the District agrees that technical changes, alterations, modifications or changes in use that may affect said frequency in any way shall not be made without first consulting with the City. 2. Liabilities: Except for liability that is subject to immunity as provided by Ch. 38.52 RCW, each party agrees to defend, indemnify and to 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 agent of such party. 3. Disputes between parties: Should a dispute arise between the City and any user agency, the parties may resolve the same by submitting the dispute for resolution by negotiation between the parties or 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. 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. 4. In the event a dispute over the terms of this agreement reasonably necessitates the procurement of legal services, the prevailing party shall be entitled to a reasonable attorney's fee and costs. 1. All expenses incurred by the Center shall be paid by the City and shared equitably by the City and all other user agencies in accordance with this Agreement. 2. It shall be the responsibility of the director to prepare an annual budget which will include all necessary and required expenditures and anticipated revenues. The budget shall be reviewed by the Board, and, with its recommendation, submitted to the City Council for approval. Upon request of any user agency the director shall appear before that agency's legislative body regarding the annual budget or financial contributions. 7 3. User agencies shall, on a quarterly basis, make their financial payments for the cost of operation of the Center. Each user agency will be billed quarterly in equal amounts for their estimated proportional share of the annual operating expenses of the Center. Each user agency's annual contribution 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. 4. Computation of financial contributions for user agencies who contract for the Center's services on a calls -for- service basis shall be as follows: SHARED BUDGET is determined by first reducing the total annual Center budget by the amount paid by user agencies who contribute on a fixed fee basis, and any other revenue sources made available to the Center, with the remainder shared by users on a "percentage of use" basis. 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 the Center; (1) Law Enforcement and Fire Dispatch, and (2) Emergency Medical Dispatch. ADJUSTED PERCENTAGE OF USE for each of the two major dispatch functions of the Center is calculated by multiplying the Emergency Medical Dispatch activity, expressed as a percentage of use, by a factor of 1.5, the product of which being that portion of the shared budget, expressed as a percentage, for which Emergency Medical Dispatch is responsible, with Law Enforcement and Fire Dispatch responsible for the remaining percentage of the total shared budget. (For example, if during a given year law enforcement and fire dispatches account numerically for 90 percent of the total call- for service activity and EMS dispatches account for 10 percent, the emergency medical dispatches would be calculated at 1.5 times their actual percentage of total calls, and would be responsible for 15 percent of the shared budget. Law enforcement and fire dispatch would be responsible for the remaining 85 percent.) CALL FOR SERVICE COST is calculated as follows: A. POLICE and FIRE DISPATCHES: [Adjusted percentage of use] times [shared budget] divided by [total annual number of police and fire calls- for service] equals the [call- for service cost] for each police or fire dispatch. 8 B. EMERGENCY MEDICAL DISPATCHES: [Adjusted percentage of use] times [shared budget] divided by [total annual number of EMS calls- for service] equals the [call- for service cost] for each emergency medical service dispatch. C. USER AGENCY FINANCIAL CONTRIBUTION: [Total annual police and /or fire calls- for service,] times [call for- service cost for police and fire dispatches] plus [total emergency medical service calls-for- service,] times [individual call- for service cost for EMS dispatches] equals user agency annual [financial contribution]. WHERE: "USE" means the total call for service (CFS) count of the Center. This count does not include activity of any agency who's financial contribution is contracted as a "fixed fee If figures regarding annual calls -for- service are unavailable for a particular user or for the entire Center, the City may extrapolate the available figures in order to determine the yearly CFS units of an individual user or the Center's total annual CFS units. "FINANCIAL CONTRIBUTION" means the proportion of the Center's total annual budget paid by a user, calculated in accordance with formulae in this section. The contribution may be reduced on a pro rata basis if the user participates in the Center for less than a year. "CALLS- FOR SERVICE" is defined as any incident which results in one or more emergency services units being dispatched and /or a report or event number being drawn. The director may adjust agency totals where "calls -for- service" are assigned differently between agencies. It shall be the goal of the Center to maintain a uniform call- for service counting method among the user agencies. 5. 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 financial contributions, subject to the approval of the users' legislative bodies. 6. The parties to this Agreement may, on behalf of the Center, accept gifts and donations in recognition of services rendered, or to enhance, supplement, augment, facilitate or initiate services performed by the Center, including, but limited to, applying for and receiving grants of money or equipment from other governments. 9 Such gifts and grants shall not replace any party's financial contribution as required by this Agreement, and are the sole property of the Center. Grant applications shall be prepared under supervision of the director. IX. PROPERTY AND EQUIPMENT 1. Initially, the County and the City of Port Angeles agree to combine designated communications center equipment owned by them respectively, or to be obtained by them for this purpose, into equipping the Center. 2. Equipment, software, and other items purchased or upgraded jointly during Center implementation shall be jointly owned and a record of each agency's contribution toward ownership maintained by the director. 3. Center equipment shall be in the custody of the City of Port Angeles, but ownership shall remain in the contributing agency. The City of Port Angeles shall be responsible for the maintenance of all such equipment in good repair, normal wear and tear excepted. Upon initial receipt of custody of equipment from any user whatsoever, the City of Port Angeles shall enter it into a master inventory, describing the equipment fully, including its condition on receipt and the percentage of ownership of each user agency. Should any user withdraw from this Agreement as provided herein, such user shall be credited with or paid the depreciated value of any equipment owned or controlled by it pursuant to this Agreement and the ownership of such equipment shall be deemed transferred to the City. Such payment shall be made within 90 days of the effective date of withdrawal. Equipment jointly purchased shall, upon expiration of this Agreement, become the sole property of the City. 4. Purchase and installation of peripheral equipment necessary to provide local user agency access to computerized data maintained by the Center's CAD or records management systems shall be the responsibility of the user agency and shall only be connected to the CPU upon approval of the director. 5. Other users joining herein may contribute equipment to the Center in accordance with the foregoing. Should another user, upon joining herein, decide to maintain dispatch services or active base stations in addition to or in lieu of services received from the Center, it is understood that operational net control remains with the Center, absent agreement to the contrary. 10 6. Equipment purchased with City budgeted funds after implementation of the Center shall become the property of the City. X. MODIFICATION, WITHDRAWAL AND TERMINATION 1. This Agreement may be modified or extended in duration by mutual agreement of the parties. 2. The parties hereto may withdraw from the Center, terminating this agreement only by legislative act of their respective governing body, communicated to the City in writing. Such withdrawal shall be effective on midnight of December 31, of the year in which notice of withdrawal is tendered and in no case prior to that date. Request to withdraw by either party hereto shall require 3 months advance written notice. 3. Termination of this agreement may be imposed upon any user under the following circumstances: XI. GENERAL TERMS A. The director determines that a consistent pattern of violation, abuse or disregard of operational policies by a user's personnel exists, and such finding is communicated to the Board in writing. B. The director shall consider the recommendations of the Board, and shall attempt to obtain compliance with operational policies by the offending user. If this fails, the City shall have the authority to terminate the user's participation hereunder and exclude the user herefrom. C. Involuntary termination as in (B) above shall be effective 90 days after action by the City. 4. Upon withdrawal of a user agency or termination of this Agreement, property or equipment owned by the user agency so withdrawing shall be returned (subject to the provisions of Section IX, para 3), or, upon agreement of the parties, the Center may purchase the property or equipment from the withdrawing agency. 1. This Agreement contains terms and conditions agreed upon by the parties. The parties agree that there are no other understandings, oral or otherwise, regarding the subject matter of this Agreement. 11 2. During the performance of this Agreement, the City agrees as follows, unless, and to the extent that, this contract is exempt from federal or state equal opportunity and /or affirmative action requirements under applicable laws, regulations, and court decisions including 41 CFR, Ch.60: A. The City will not discriminate against any employee or applicant for employment because of race, color, religion, sex, Vietnam era veteran status, disabled veteran condition, physical or mental handicap, or national origin. The City will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. The City will take affirmative action to employ, advance in employment, and otherwise treat qualified special disabled or Vietnam era veterans and handicapped individuals without discrimination based upon their disability or veterans' status or physical or mental handicap in all employment actions. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The City agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the local United States Department of Labor Office setting forth the provisions of this Equal Opportuni- ty /Affirmative Action clause. B. The City will, in all solicitations or advertisements for employees placed by or on behalf of the City, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, physical or mental handicap, or national origin, and that the City is under the legal obligation to take affirmative action to employ, advance in employment, and otherwise treat qualified special disabled or Vietnam era veterans and handicapped individuals without discrimination based upon their disability or veterans' status or physical or mental handicap in all employment actions. 12 All suitable employment openings existing at contract award or occurring during contract perfor- mance will be listed at the state employment office in the locality where the opening occurs, provided that this listing requirement shall not apply to openings that the City intends to fill from within its own organization or under a customary and traditional employer -union hiring agreement. C. The City will send to each representative of workers or labor union with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency Contracting Officer, advising the said labor union or workers' representative of the City's commitments under this Equal Opportunity, Affirmative Action clause, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. D. The City will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor, including, but not limited to, the rules, regulations and orders issued by the Secretary of Labor under the Vietnam Era Veterans' Readjustment Assistance Act of 1972, the Rehabilitation Act of 1974 (29 USC 793), and the Americans with Disabilities Act of 1990. E. The City will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigations to ascertain compliance with such rules, regulations and orders. F. The City will not, on grounds of race, color, religion, sex, physical or mental handicap, or national origin: 1) Deny an individual any services or other benefits provided under this Agreement; 2) Provide any service(s) or other benefits to an individual which are different, or are provided in a different manner from those provided to others under this Agreement; 13 3) Subject an individual to segregation or separate treatment in any manner related to the receipt of any service(s) of other benefits provided under this Agreement; 4) Deny any individual an opportunity to participate in any program provided by this Agreement through the provision of services or otherwise, or afford an opportunity to do which is different from that afforded others under this Agreement. The City, in determining (1) the types of services or other benefits to be provided or (2) the class of individuals to whom, or the situation in which, such services or other benefits will be provided or (3) the class of individuals to be afforded an opportunity to participate in any services or other benefits, will not utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination because of their race, color, sex, religion, national origin, creed, or the presence of any sensory, mental or physical handicap. G. In the event of City noncompliance with the nondiscrimination requirements of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated or suspended, in whole or in part, and the City may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 or September 24, 1965, or by rule, regula- tion, or order of the Secretary of Labor, or as otherwise provided by law. H. The City will not discriminate against any person because of race, creed, political ideology, color, national origin, sex, marital status, sexual orientation, age, the presence of any sensory, mental, or physical handicap, or any other basis not reasonably related to the accomplishment of a legitimate governmental purpose, and shall take whatever affirmative action necessary to accomplish this purpose as defined in the state and federal constitutions and applicable court interpretations. 14 I. The City will include the provisions of paragraphs A through G in every subcontract unless exempt by the rules, regulations, or orders of the Secretary of Labor. 3. Each party agrees to aid and assist the other in accomplishing the objectives of this Agreement. 4. The Agreement shall be binding upon the parties hereto, their successors and assigns. IN WITNESS WHEREOF, We hereunto attach our signatures this '7& day of (7, Q 1992. CITY OF PO GELES /0 a s D. Hallett U M or l APO Becky Upt City Gle k /Treasurer Approvq1 as to form Craig Knutson City Attorney 15 CLALLAM COUNTY FIRE DISTRICT 2 Richard E. Ruu Chairman Rilliam R. Doran Comm i Toner David R. Whitney Commissioner 5 Approv as' to form Crai Miller At ney for the District Becky Upton Upcoming Expirations doc Upcoming Expirations 2003 City Clerk Lease File No. 2.18 Portion of Webster Park to Campfire Girls 10/3/78 10/3/03 $1 sum total City Clerk Contract File No. 4.349 Healthcare Management Administrators Administrative Services Contract for Dental Benefits 1/1/03 12/31/03 City Clerk Agreement File No. 5.247 PENCOM Agreements with Sequim, Fire Districts #2, #3, #4, #5,. and Lower Elwha Tnbe 1/1/98 12/31/03 also, agreement with National Park Service expires as of 7/23/03 City Clerk Agreement File No. 5.350 Department of Transportation to provide real estate services re. land acquisition, relocation, and related services Extended to 7/19/03 City Clerk Agreement File No. 5.413 LG &E Power Marketing Power Sales Agreement 9/30/96 9/30/2003 City Clerk Agreement File No. 5.454 City of Forks Pnsoner Confinement Services 1/1/2000 for three (3) years, renewable annually to be renegotiated every three (3) years City Clerk Agreement File No. 5.500 US Netcom Software Maintenance Support Agreement re. Autodialer used by Customer Services for night phone calls to customers re. delinquent payments 4/16/02 4/15/03 City Clerk Agreement File No. 5.521 Port Angeles School District #121 High School Resource Officer Program 9/9/02 6/20/03 City Clerk Agreement File No. 5.628 Roger A. Zegers, dba Systems Design Ambulance Transport Billing 4/1/02 6/30/03 w /renewal options City Clerk Easement File No. 7.23 Burrowes Fox Easement 6/15/78 6/15/03 Cruise Map Agreement Morse Creek Watershed 5 2.47 Page 1 Becky Upton Upcoming Expirations Page 1 From: To: Ziomkowski Date: Subject: Becky Becky Upton Bob Coons; Dan McKeen; Dennis Dickson; Glenn Cutler; Tom Riepe; Yvonne 3/28/03 4:37PM Upcoming Expirations Attached is a list of upcoming expirations for various leases, contracts, agreements, etc Please review the list for those issues that may fall in your area of responsibility. Please let me know if we are not going to pursue a new or renewed contract so that I can make the appropriate notations in my file index. Thanks! p O R T 4 );qN C N gir %WO Memorandum 0 MANP 14 To: Steve Ilk, Police Chief From: Bill Henderson, Risk Manager Re: PENCOM LIABILITY July 27, 1992 I have received a response from our insurance advisors regarding our liabilities with PENCOM (attached). It is believed the hold harmless section within the contract is acceptable, given that the dispatch operations and supervision is handled by our employees. Each agency would be responsible for their own actions. They did suggest we obtain proof of liability coverage from each party we contract with. Therefore, we need to obtain proof of liability coverage, with limits of at least $1 million combined single limit per occurrence. A letter from the agency, describing the limits, and any exclusions which pertain to our situation, will suffice. Please do not hesitate stopping by or calling me on extension 184 if you have any questions. Attachment Bill Henderson Risk Manager s .24 t W C July 21, 1992 Bill Henderson Senior Risk Analyst City of Port Angeles PO Box 1150 Port Angeles, WA 98362 RE: PENCOM Contract Dear Mr. Henderson: I have received materials relating to the above captioned subject. The mutual hold harmless is acceptable, given that the dispatch operations and supervision are handled by the City of Port Angeles' employees. You should consider adding a liability insurance requirement from each party you contract with for them to provide you with evidence of $1 million combined single limit per occurrence. I am assuming that the Communications Center is considered part of city operations, and that the advisory board only recommends action to the city, who has the final action authority. As a part of city operations, WCIA liability coverage may apply. Thank you for the opportunity to review this contract. I am available to assist you in your review of any other contracts you may have. If you have any questions, please call me at (206) 764 -6471. Sidi ei e l y, David Hr yasaka Programs Manager dkh4 WASHINGTON CITIES INSURANCE AUTHORITY 15215 52nd Ave. South, Suite 10,Tukwila, WA 98188 (206) 764-6471 SCAN 443 -6471 FAX 764 -4067 FAX SCAN 443 -4067 2 L JUL 2 2 1992 HUMAN RESOURCES DIVISION 1 PENCOM DISPATCH AND COMPUTER RECORDS SERVICE AGREEMENT THIS AGREEMENT is entered into by and between the City of Port Angeles, a non charter, code municipal corporation of the State of Washington (hereinafter referred to as "the City and the City of Sequim, a class three municipal corporation of the State of Washington (hereinafter referred to as "Sequim for police, fire and emergency medical dispatch and certain related computer records services provided by the emergency communications and records management center operated by the Port Angeles Police Department, (hereinafter referred to as the "Center WITNESSETH THAT: 5 .?<17 1. WHEREAS, both Port Angeles and Sequim agree that combining their emergency communications centers will provide a more efficient, effective and less costly communications link for those people reporting a fire, medical or law enforcement emergency and for those agencies designated to respond to such emergencies, thereby better serving the public; and 2. WHEREAS, combining certain computer databases and record services among local emergency service providers eliminates duplication and facilitates uniform reporting and recording of law enforcement, fire and emergency medical service events, thereby making critical information immediately available to dispatchers and field personnel during emergencies; and 3. WHEREAS, it is the goal of the Center to serve the citizens of Sequim and all other Clallam County Public Safety agencies by consolidating dispatch facilities and providing these services on an equitable cost sharing basis for each agency contracting for said services; and 4. WHEREAS, Chapter 39.34 RCW permits local governmental units to make official use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and pursuant to the provisions of RCW 39.34, the parties hereto do agree as follows: 1 I. PURPOSE It is the purpose of this agreement to provide a mechanism whereby the City of Sequim may obtain their law enforcement, fire and emergency medical service dispatching and certain computer records services by contracting said services from the Center, allowing the dissolution of the Sequim dispatch center, providing for the employment by the Center of certain dispatchers employed by Sequim, and setting forth the powers, rights and responsibilities of the parties to this agreement. II. DURATION The duration of this Agreement shall be in effect the 1st day of March, 1992 and terminate at midnight on the 31st day of December, 1997, unless this Agreement is sooner modified, extended or terminated in accordance with the terms hereof. III. ADVISORY BOARD The parties hereto agree that an advisory board (hereinafter referred to as the "Board shall be the operations policy recommending body for the Center. The Board shall be composed of a representative from each agency which is a user of the Center's services under contract. The Center's director may, as needs dictate, organize subcommittees necessary for efficient operation of the Center. Voting on the board shall be weighted so as to represent the percentage of activity of each user agency based on their average annual number of calls- for service, which shall be first calculated on a one -year, then a two -year base until a three year period of records has been collected, provided that if a full year's figures are unavailable the figures from previous dispatch history may be extrapolated to determine a yearly average. Votes shall be weighted annually in January. Calls -for- service of agencies withdrawing from the Center shall be excluded from the formula set forth in paragraph VIII, 4, of this Agreement. 1. The Board may establish by -laws consistent with this Agreement, should the need arise. 2. The Board shall have the authority to: A. Make recommendations for the operation of the Center in accordance with industry standards. B. Recommend approval of the joining herein of any other user eligible to participate. 2 C. Recommend services provided to each user agency including use of the Center's computerized law enforcement and fire records management systems. D. Review the financial contributions of the parties hereto, and recommend adjustments in the same if the Board finds that any of the parties hereto is bearing an inequitable share of the Center's costs. E. Prior to the Center's budget approval, the director will, upon request, meet with the Council of the City of Sequim, or other user agency legislative bodies if so requested, to review the Center's budget and to discuss the Board's recommendations. 3. Decisions reached by the Board shall be by weighted vote of the majority of the membership. IV. JOINING OF OTHER USERS Other governmental bodies or emergency service providers within Clallam County area may make use of the Center in accordance with the following: 1. Each such user agency must execute a written agreement, which is substantially the same in content as this agreement, in accordance with the applicable laws of the State of Washington, agreeing to be bound in all respects, including bearing a proportional share of the construction and annual costs to operate the Center; 2. The City shall, upon recommendation by the Board, charge each user agency either a fixed annual fee for limited Center services, or a fee based on calls- for service and calculated according to section VIII of this Agreement; 3. The City shall charge each new user 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 user agency; 4. The City shall charge each new user a one time fee based on the new user agency's projected activity with the Center as reimbursement for costs incurred by the City and County for construction and implementation of the Center. Any reimbursement fees collected by the City from new users shall be placed in a fund maintained by the City and used solely for enhancement of the Center; and, 3 5. Upon approval of the joining of a new user hereto, the director shall recompute the financial contributions of the various users of the Center, and shall inform them forthwith of their adjusted contribution for the current calendar year. V. THE CITY OF PORT ANGELES AGREES AS FOLLOWS: 1. The City shall sufficiently staff, operate and maintain the Center, using employees of the City. 2. The City shall apply the criteria and procedures set forth in Chapter 2.22 PAMC to transfer existing City of Sequim Police Department communications employees to the City or Port Angeles Civil Service system with all rights, benefits and privileges therein; provided, that bidding procedures for vacation and holidays for transferred Sequim Communications employees shall be determined by the terms of the currently existing labor agreement between the City and Teamsters Local 589 and city policies and internal memoranda governing same. 3. Sequim full time communications personnel, shall, in accordance with the procedures and requirements set forth in PAMC 2.22.205, be transferred to the Center as vacancies exist. Those Sequim employees needed to fill such vacancies shall be taken in their respective order of seniority, and the remaining employees, if any, shall, in order of their respective seniority, be first reemployed by the Center as positions become available. 4. The City shall employ and assign the selected director, who shall supervise the day -to -day operations of the Center. The director shall be responsible to the City of Port Angeles Chief of Police for the staffing and direction of all personnel employed by the Center, for budget preparation and management, and for the efficient operation of the Center, including the development of operating policies and procedures, scheduling, supervision and maintenance of liaison with the other users of the Center. 5. The City shall maintain records and statistics of the operation of the Center for administrative and financial purposes. The City shall, upon request of any user agency, furnish a monthly report of activities of the Center and of each user's utilization of the Center. 6. The City shall provide the following communications and records services: 4 A. 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 the Center. B. The development and utilization of a computer aided dispatch system for emergency vehicles and units, and provision of necessary information thereto. C. The development and utilization of a computerized law enforcement and fire records management system to be provided to Sequim as well as other selected user agencies which have contracted with the City for such services. Entry of information and retrieval of data to and from the system shall be the responsibility of the user agency except for that data which is captured during the dispatch process. The system shall include, in addition to computer aided dispatch, at minimum, the following: 1) Master Name Search containing an index of records of all agencies subscribing to the Center; 2 Incident Report entry /modification and generation to include incident header, involved persons, involved property, involved vehicles and narrative; 3) Criminal History Records; 4) Report generation capability for Uniform Crime Report (UCR), Incident Based Reporting (IBR format), manpower allocation, crime analysis, and management reports; 5) Evidence management; 6) Warrants, wants, stolen vehicles and stolen property files, address activity files, and other standard police record files searchable with limited or partial information. D. All records and reports will be maintained uniquely by user agency, including security of access. E. The sending, receipt and advice of all teletype messages addressed to or from parties hereto that are pertinent to the operation of the Center, the dispatching of their public safety personnel, or as determined by other policy. F. The performance of other tasks and services necessary and proper for the efficient operation of a comprehensive emergency communications system. 7. If an excise tax to fund Enhanced 9 -1 -1 telephone operations is enacted by the legislative body of Clallam County, such funds shall be made available to the City within three days of receipt by the County. The City shall establish a special revenue fund to account for the receipt and expenditure of all monies related to E -911 telephone operation. The operations within the fund shall be the responsibility of the Port Angeles Police Department and will be administered by the director in accordance with established policies. 8. The City shall, without charge to Center users, provide the facility and its necessary support, including, but not limited to electrical, heating, lighting, air conditioning and space for the Center so long as it is located in existing City buildings. 9. Clallam County, as set forth in the Dispatch and Computer Records Service Agreement between the City and Clallam County, an agreement substantially the same as this agreement, shall without charge to the Center's users, provide maintenance of the CPU, peripherals, and programs used to run the CAD and records systems, excluding the costs of software and hardware maintenance contracts. The County will provide personnel time for maintenance and programming of the CAD and records system in exchange for the City providing the facility and its support for the Center. VI. THE CITY OF SEQUIM AGREES AS FOLLOWS: 1. The City of Sequim shall reimburse the City of Port Angeles for the cost of employee benefits for each eligible full time communications employee of the Sequim Police Department who transfers to the Center as a part of this agreement and according to those procedures set forth in Port Angeles Municipal Code 2.22. A. Vacation Time: A maximum of 80 hours of vacation time may be transferred to the City for each employee transferring to the Center. Reimbursement by Sequim to the City shall be at the hourly rate each employee will receive upon employment with the City. 6 B. Sick Leave: A maximum of 80 hours of sick leave may be transferred to the City for each employee transferring to the Center. No reimbursement shall be charged for sick leave transfer. 2. Reliable communications equipment is essential to successful emergency dispatch and public safety communications. To this end the City of Sequim agrees to maintain in good repair and working order all equipment, wherever located, that is owned or operated by Sequim for this purpose, excluding only that equipment owned by the Center. Such equipment shall include, but not be limited to: A. A base station or repeater installation; B. A standby unit which may be selected by remote control for use by Center personnel or, as an alternative, effective, reliable direct radio communications between the Center and Sequim units on an alternate frequency; C. An emergency power source for the above communications equipment, capable of at least 8 hours of sustained operation without commercial power. Such emergency power source shall sense a commercial power failure and automatically start and /or transfer said equipment to the emergency power source. 3. The cost of telephone lines, fiber optics, radio or microwave links, or other methods of communication between the Center and the various radio or computer equipment owned or operated by Sequim police personnel, or for the purpose of controlling or using such facilities, shall be the sole responsibility of Sequim. VII. THE PARTIES HERETO AGREE AS FOLLOWS: 1. 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 the Center. Each user shall be responsible for renewing their own radio licenses at the end of the license periods and to maintain their base radio stations, repeaters and other radio support equipment outside the Center's facility. 7 2. Liabilities: Except for liability that is subject to immunity as provided by Ch. 38.52 RCW, each party agrees to defend, indemnify and to 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 agent of such party. 3. Disputes between parties: 4. In the event a dispute over the terms of this agreement reasonably necessitates the procurement of legal services, the prevailing party shall be entitled to a reasonable attorney's fee and costs. VIII. FINANCES Should a dispute arise between the City and any user agency, the parties may resolve the same by submitting the dispute for resolution by negotiation between the parties or 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. 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. 1. All expenses incurred by the Center shall be paid by the City and shared equitably by the City and all other user agencies in accordance with this Agreement. 2. It shall be the responsibility of the director to prepare an annual budget which will include all necessary and required expenditures and anticipated revenues. The budget shall be reviewed by the Board, and, with its recommendation, submitted to the City Council for approval. Upon request of any user agency the director shall appear before that agency's legislative body regarding the annual budget or financial contributions. 3. User agencies shall, on a quarterly basis, make their financial payments for the cost of operation of the Center. Each user agency will be billed quarterly in equal amounts for their estimated proportional share of the annual operating expenses of the Center. Each user agency's annual contribution 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. 8 4. Computation of financial contributions for user agencies who contract for the Center's services on a calls -for- service basis shall be as follows: SHARED BUDGET is determined by first reducing the total annual Center budget by the amount paid by user agencies who contribute on a fixed fee basis, and any other revenue sources made available to the Center, with the remainder shared by users on a "percentage of use" basis. 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 the Center; (1) Law Enforcement and Fire Dispatch, and (2) Emergency Medical Dispatch. ADJUSTED PERCENTAGE OF USE for each of the two major dispatch functions of the Center is calculated by multiplying the Emergency Medical Dispatch activity, expressed as a percentage of use, by a factor of 1.5, the product of which being the portion of the shared budget, expressed as a percentage, for which Emergency Medical Dispatch is responsible, with Law Enforcement and Fire Dispatch responsible for the remaining percentage of the total shared budget. (For example, if during a given year law enforcement and fire dispatches account numerically for 90 percent of the total call- for service activity and EMS dispatches account for 10 percent, the emergency medical dispatches would be calculated at 1.5 times their actual percentage of total calls, and would be responsible for 15 percent of the shared budget. Law enforcement and fire dispatch would be responsible for the remaining 85 percent.) CALL FOR SERVICE COST is calculated as follows: A. POLICE and FIRE DISPATCHES: [Adjusted percentage of use] times [shared budget] divided by [total annual number of police and fire calls- for service] equals the [call- for service cost] for each police or fire dispatch. B. EMERGENCY MEDICAL DISPATCHES: [Adjusted percentage of use] times [shared budget] divided by [total annual number of EMS calls- for service] equals the [call- for service cost] for each emergency medical service dispatch. 9 C. USER AGENCY FINANCIAL CONTRIBUTION: [Total annual police and /or fire calls- for service,] times [call for- service cost for police and fire dispatches] plus [total emergency medical service calls-for- service,] times [individual call- for service cost for EMS dispatches] equals user agency annual [financial contribution]. WHERE: "USE" means the total call- for service (CFS) count of the Center. This count does not include activity of any agency who's financial contribution is contracted as a "fixed fee If figures regarding annual calls -for- service are unavailable for a particular user or for the entire Center, the City may extrapolate the available figures in order to determine the yearly CFS units of an individual user, or the Center's total annual CFS units. "FINANCIAL CONTRIBUTION" means the proportion of the Center's total annual budget paid by a user, calculated in accordance with formulae in this section. The contribution may be reduced on a pro rata basis if the user participates in the Center less than a full year. "CALLS- FOR SERVICE" is defined as any incident which results in one or more emergency services units being dispatched and /or a report or event number being drawn. The director may adjust agency totals where "calls -for- service" are assigned differently between agencies. It shall be the goal of the Center to maintain a uniform call- for service counting method among the user agencies. 5. 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 financial contributions, subject to the approval of the users' legislative bodies. 6. The parties to this Agreement may, on behalf of the Center, accept gifts and donations in recognition of services rendered, or to enhance, supplement, augment, facilitate or initiate services performed by the Center, 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 party's financial contribution as required by this Agreement, and are the sole property of the Center. Grant applications shall be prepared under supervision of the director. 10 IX. PROPERTY AND EQUIPMENT 1. Initially, the County and the City of Port Angeles agree to combine designated communications center equipment owned by them respectively, or to be obtained by them for this purpose, into equipping the Center. 2. Equipment, software, and other items purchased or upgraded jointly during Center implementation shall be jointly owned and a record of each agency's contribution toward ownership maintained by the director. 3. Center equipment shall be in the custody of the City of Port Angeles, but ownership shall remain in the contributing agency. The City of Port Angeles shall be responsible for the maintenance of all such equipment in good repair, normal wear and tear excepted. Upon initial receipt of custody of equipment from any user whatsoever, the City of Port Angeles shall enter it into a master inventory, describing the equipment fully, including its condition on receipt and the percentage of ownership of each user agency. Should any user withdraw from this Agreement as provided herein, such user shall be credited with or paid the depreciated value of any equipment owned or controlled by it pursuant to this Agreement and the ownership of such equipment shall be deemed transferred to the City. Such payment shall be made within 90 days of the effective date of withdrawal. Equipment jointly purchased shall, upon expiration of this Agreement, become the sole property of the City. 4. Purchase and installation of peripheral equipment necessary to provide local user agency access to computerized data maintained by the Center's CAD or records management systems shall be the responsibility of the user agency and shall only be connected to the CPU upon approval of the director. 5. Other users joining herein may contribute equipment to the Center in accordance with the foregoing. Should another user, upon joining herein, decide to maintain dispatch services or active base stations in addition to or in lieu of services received from the Center, it is understood that operational net control remains with the Center, absent agreement to the contrary. 6. Equipment purchased with City budgeted funds after implementation of the Center shall become the property of the City. 11 X. MODIFICATION, WITHDRAWAL AND TERMINATION 1. This Agreement may be modified or extended in duration by mutual agreement of the parties. 2. The parties hereto may withdraw from the Center, terminating this agreement only by legislative act of their respective governing body, communicated to the City in writing. Such withdrawal shall be effective on midnight of December 31, of the year in which notice of withdrawal is tendered and in no case prior to that date. Request to withdraw by either party hereto shall require 3 months advance written notice. 3. Termination of this agreement may be imposed upon any user under the following circumstances: XI. GENERAL TERMS A. The director determines that a consistent pattern of violation, abuse or disregard of operational policies by a user's personnel exists, and such finding is communicated to the Board in writing. B. The director shall consider the recommendations of the Board, and shall attempt to obtain compliance with operational policies by the offending user. If this fails, the City shall have the authority to terminate the user's participation hereunder and exclude the user herefrom. C. Involuntary termination as in (B) above shall be effective 90 days after action by the City. 4. Upon withdrawal of a user agency or termination of this Agreement, property or equipment owned by the user agency so withdrawing shall be returned (subject to the provisions of Section IX, para 3), or, upon agreement of the parties, the Center may purchase the property or equipment from the withdrawing agency. 1. This Agreement contains terms and conditions agreed upon by the parties. The parties agree that there are no other understandings, oral or otherwise, regarding the subject matter of this Agreement. 2. During the performance of this Agreement, the City agrees as follows, unless, and to the extent that, this contract is exempt from federal or state equal opportunity and /or affirmative action requirements under applicable laws, regulations, and court decisions including 41 CFR, Ch.60: 12 A. The City will not discriminate against any employee or applicant for employment because of race, color, religion, sex, Vietnam era veteran status, disabled veteran condition, physical or mental handicap, or national origin. The City will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. The City will take affirmative action to employ, advance in employment, and otherwise treat special qualified disabled or Vietnam era veterans and handicapped individuals without discrimination based upon their disability or veterans' status or physical or mental handicap in employment actions. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and training selection, including apprenticeship. The City agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the local United States Department of Labor Office setting forth the provisions of this Equal Opportunity /Affirmative Action clause. B. The City will, in all solicitations or advertisements for employees placed by or on behalf of the City, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, physical or mental handicap, or national origin, and that the City is under the legal obligation to take affirmative action to employ, advance in employment, and otherwise treat qualified special disabled or Vietnam era veterans and handicapped individuals without discrimination based upon their disability or veterans' status or physical or mental handicap in all employment actions. All suitable employment openings existing at contract award or occurring during contract perfor- mance will be listed at the state employment office in the locality where the opening occurs, provided that this listing requirement shall not apply to openings that the City intends to fill from within its own organization or under a customary and traditional employer -union hiring agreement. 13 C. The City will send to each representative of workers or labor union with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency Contracting Officer, advising the said labor union or workers' representative of the City's commitments under this Equal Opportunity, Affirmative Action clause, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. D. The City will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor, including, but not limited to, the rules, regulations and orders issued by the Secretary of Labor under the Vietnam Era Veterans' Readjustment Assistance Act of 1972, the Rehabilitation Act of 1974 (29 USC 793), and the Americans with Disabilities Act of 1990. E. The City will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigations to ascertain compliance with such rules, regulations and orders. F. The City will not, on grounds of race, color, religion, sex, physical or mental handicap, or national origin: 1) Deny an individual any services or other benefits provided under this Agreement; 2) Provide any service(s) or other benefits to an individual which are different, or are provided in a different manner from those provided to others under this Agreement; 3 4 Subject an individual to segregation or separate treatment in any manner related to the receipt of any service(s) of other benefits provided under this Agreement; Deny any individual an opportunity to participate in any program provided by this Agreement through the provision of services or otherwise, or afford an opportunity to do 14 which is different from that afforded others under this Agreement. The City, in determining (1) the types of services or other benefits to be provided or (2) the class of individuals to whom, or the situation in which, such services or other benefits will be provided or (3) the class of individuals to be afforded an opportunity to participate in any services or other benefits, will not utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination because of their race, color, sex, religion, national origin, creed, or the presence of any sensory, mental or physical handicap. G. In the event of City noncompliance with the nondiscrimination requirements of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated or suspended, in whole or in part, and the City may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 or September 24, 1965, or by rule, regula- tion, or order of the Secretary of Labor, or as otherwise provided by law. H. The City will include the provisions of paragraphs A through G in every subcontract unless exempt by the rules, regulations, or orders of the Secretary of Labor. I. The City will not discriminate against any person because of race, creed, political ideology, color, national origin, sex, marital status, sexual orientation, age, the presence of any sensory, mental, or physical handicap, or any other basis not reasonably related to the accomplishment of a legitimate governmental purpose, and shall take whatever affirmative action necessary to accomplish this purpose as defined in the state and federal constitutions and applicable court interpretations. 3. Each party agrees to aid and assist the other in accomplishing the objectives of this Agreement. 4. The Agreement shall be binding upon the parties hereto, their successors and assigns. 15 Becky J. City Cler IN WIESS WHEREOF, We hereunto attach our signatures this day of 1992. Jame D. Hallett Mayor Approvaras to form Craig Knutson City Attorney T ef,„,(4):4„ 16 CITY OF SEQUIM Edward Beggs Mayor L� Muirhea ity Clerk /Treasur Approved as to form Ken Williams City Attorney WITNESSETH THAT: PENCOM DISPATCH AND COMPUTER RECORDS SERVICE AGREEMENT THIS AGREEMENT is entered into by and between the City of Port Angeles, a non charter, code municipal corporation of the State of Washington (hereinafter referred to as "the City and Clallam County Rural Fire Protection District 3, a municipal corporation of the State of Washington (hereinafter referred to as "District 3" or "the District for fire and emergency medical dispatch and related computer records services provided by the communications and records management center operated by the Port Angeles Police Department, (hereinafter referred to as the "Center 1. WHEREAS, both Port Angeles and District 3 agree that combining emergency communications facilities will provide a more efficient, effective and less costly communications link for those people reporting a fire or medical emergency and for those agencies designated to respond to such emergencies, thereby better serving the public; and 2. WHEREAS, combining certain computer databases and record services among local emergency service providers eliminates duplication and facilitates uniform reporting and recording of fire and emergency medical service events, thereby making critical information immediately available to dispatchers and field personnel during emergencies; and 3. WHEREAS, it is the goal of the Center to serve the citizens of District 3 and all other Clallam County Public Safety agencies by consolidating dispatch facilities and providing these services on an equitable cost sharing basis for each agency contracting for said services; and 4. WHEREAS, Chapter 39.34 RCW permits local governmental units to make official use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and pursuant to the provisions of RCW 39.34, the parties hereto do agree as follows: 1 I. PURPOSE It is the purpose of this agreement to provide a mechanism whereby Clallam County Rural Fire Protection District 3 may obtain their fire and emergency medical service dispatching and certain computer records services by contracting said services from the Center, and setting forth the powers, rights and responsibilities of the parties to this agreement. II. DURATION The duration of this Agreement shall be in effect the 1st day of March, 1992 and terminate at midnight on the 31st day of December, 1997, unless this Agreement is sooner modified, extended or terminated in accordance with the terms hereof. III. ADVISORY BOARD The parties hereto agree that advisory board (hereinafter referred to as the "Board shall be the operations policy recommending body for the Center. The Board shall be composed of a representative from each agency which is a user of the Center's services under contract. The Center's director may, as needs dictate, organize subcommittees necessary for the efficient operation of the Center. Voting on the board shall be weighted so as to represent the percentage of activity of each user agency based on their average annual number of calls- for service, which shall be first calculated on a one -year, then a two -year base until a three year period of records has been collected; provided that if a full year's figures are unavailable the figures from previous dispatch history may be extrapolated to determine a yearly average. Votes shall be weighted annually in January. Calls -for- service of agencies withdrawing from the Center shall be excluded from the formula set forth in paragraph VIII, 4, of this Agreement. 1. The Board may establish by -laws consistent with this Agreement, should the need arise. 2. The Board shall have the authority to: A. Make recommendations for the operation of the Center in accordance with industry standards. B. Recommend approval of the joining herein of any other user eligible to participate. 2 C. Recommend services provided to each user agency including use of the Center's computerized fire records management systems. D. Review the financial contributions of the parties hereto, and recommend adjustments in the same if the Board finds that any of the parties hereto is bearing an inequitable share of the Center's costs. E. Prior to the Center's budget approval, the director will, upon request, meet with the Commissioners of District 3, or other user agency legislative bodies if so requested, to review the Center's budget and to discuss the Board's recommendations. 3. Decisions reached by the Board shall be by weighted vote of the majority of the membership. IV. JOINING OF OTHER USERS Other governmental bodies or emergency service providers within Clallam County area may make use of the Center in accordance with the following: 1. Each such user agency must execute a written agreement, which is substantially the same in content as this agreement, in accordance with the applicable laws of the State of Washington, agreeing to be bound in all respects, including bearing a proportional share of the construction and annual costs to operate the Center; 2. The City shall, upon recommendation by the Board, charge each user agency either a fixed annual fee for limited Center services, or a fee based on calls for service and calculated according to section VIII of this Agreement; 3. The City shall charge each new user 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 user agency; 4. The City shall charge each new user a one time fee based on the new user agency's projected activity with the Center as reimbursement for costs incurred by the City and County for construction and implementation of the Center. Any reimbursement fees collected by the City from new users shall be placed in a fund maintained by the City and used solely for enhancement of the Center; and, 3 5. Upon approval of the joining of a new user hereto, the director shall recompute the financial contributions of the various users of the Center, and shall inform them forthwith of their adjusted contribution for the current calendar year. V. THE CITY OF PORT ANGELES AGREES AS FOLLOWS: 1. The City shall sufficiently staff, operate and maintain the Center, using employees of the City. 2. The City shall employ and assign the selected director, who shall manage the day -to -day operations of the Center. The director shall be responsible to the City of Port Angeles Chief of Police for the staffing and direction of all personnel employed by the Center, for budget preparation and management, and for the efficient operation of the Center, including the development of operating policies and procedures, planning, scheduling, supervision and the maintenance of liaison with the other users of the Center. 3. The City shall maintain records and statistics of the operation of the Center for administrative and financial purposes. The City shall, upon request of any user agency, furnish a monthly report of activities of the Center and of each user's utilization of the Center. 4. The City shall provide the following communications and records services: A. 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 the Center. B. The development and utilization of a computer aided dispatch system for emergency vehicles and units, and provision of necessary information thereto. C. The development and utilization of a computerized fire records management system to be provided to the District as well as other selected user agencies which have contracted with the City for such services. Entry of information and retrieval of data to and from the system shall be the responsibility of the user agency except for that data which is captured during the dispatch process. The system shall include, in addition to computer aided dispatch, at minimum, the following: 4 1) Master Name Search containing an index of the District's records by person, business or street name, by address, inspection date, inspector, and fire report number; 2 3 Incident Report entry, modification and generation according to NFIRS and WAFIRS standards as now or hereafter amended; Pre -plan and inspection records, including business and owners name and address, building construction information, plans review and certification, inspection and re- inspection date tracking, violation and corrective actions taken, and Knox Box information; 4) Invalid and handicap address information, type of disability and special instructions; 5) Hydrant maintenance information including hydrant number, location, type, flow, static, residual, main size, test date etc., and hose maintenance records; 6) Hazardous material inventory, (Tier I and II) MSDS, and employee chemical exposure records; 7) Personnel records including name, address, emergency contacts, certifications, skills, assignments, training and medical data; and, 8) A comprehensive group of management reports including detail, summary, statistical and graphic presentations. D. All records and reports will be maintained uniquely by user agency, including security of access. E. The performance of other tasks and services necessary and proper for the efficient operation of a comprehensive emergency communications system. 5. If an excise tax to fund Enhanced 9 -1 -1 telephone operations is enacted by the legislative body of Clallam County, such funds shall be made available to the City within three days of receipt by the County. The City shall establish a special revenue fund to account for the receipt and expenditure of all monies related to E -911 telephone operation. The operations within the fund shall be the responsibility of the Port Angeles Police Department and will be administered by the director in accordance with established policies. 5 6. The City shall, without charge to Center users, provide the facility and its necessary support, including, but not limited to electrical, heating, lighting, air conditioning and space for the Center so long as it is located in existing City buildings. 7. Clallam County, as set forth in the Dispatch and Computer Records Service Agreement between the City and Clallam County, an agreement substantially the same as this agreement, shall, without charge to the Center's users, provide maintenance of the CPU, peripherals, and programs used to run the CAD and records systems, excluding the costs of software and hardware maintenance contracts. The County will provide personnel time for maintenance and programming of the CAD and records system in exchange for the City providing the facility and its support for the Center. VI. CLALLAM COUNTY FIRE PROTECTION DISTRICT 3 AGREES AS FOLLOWS: 1. Reliable communications equipment is essential to successful emergency dispatch and public safety communications. To this end District 3 agrees to maintain in good repair and working order all equipment, wherever located, that is owned or operated by the district for this purpose, excluding only that equipment owned by the Center. Such equipment shall include, but not be limited to: A. A base station or repeater installation including a standby unit, either of which may be selected by remote control for use by Center personnel; B. Emergency power source for the above communications equipment, capable of at least 8 hours of sustained operation without commercial power. Such emergency power source shall sense a commercial power failure and automatically start and /or transfer said equipment to the emergency power source. 2. The cost of telephone lines, fiber optics, radio or microwave links or other methods of communication between the Center and the various radio or computer equipment owned or operated by District personnel, or for the purpose of controlling or using such facilities, shall be the sole responsibility of the District. VII. THE PARTIES HERETO AGREE AS FOLLOWS: 1. Radio frequencies: 6 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 the Center. Each user shall be responsible for renewing their own radio licenses at the end of the license periods and to maintain their base radio stations, repeaters and other radio support equipment outside the Center's facility. 2. Liabilities: Except for liability that is subject to immunity as provided by Ch. 38.52 RCW, each party agrees to defend, indemnify and to 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 agent of such party. 3. Disputes between parties: Should a dispute arise between the City and any user agency, the parties may resolve the same by submitting the dispute for resolution by negotiation between the parties or 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. 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. 4. In the event a dispute over the terms of this agreement reasonably necessitates the procurement of legal services, the prevailing party shall be entitled to a reasonable attorney's fee and costs. VIII. FINANCES 1. All expenses incurred by the Center shall be paid by the City and shared equitably by the City and all other user agencies in accordance with this Agreement. 2. It shall be the responsibility of the director to prepare an annual budget which will include all necessary and required expenditures and anticipated revenues. The budget shall be reviewed by the Board, and, with its recommendation, submitted to the City Council for approval. Upon request of any user agency the director shall appear before that agency's legislative body regarding the annual budget or financial contributions. 7 3. User agencies shall, on a quarterly basis, make their financial payments for the cost of operation of the Center. Each user agency will be billed quarterly in equal amounts for their estimated proportional share of the annual operating expenses of the Center. Each user agency's annual contribution 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. 4. Computation of financial contributions for user agencies who contract for the Center's services on a calls -for- service basis shall be as follows: SHARED BUDGET is determined by first reducing the total annual Center budget by the amount paid by user agencies who contribute on a fixed fee basis, and any other revenue sources made available to the Center, with the remainder shared by users on a "percentage of use" basis. 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 the Center; (1) Law Enforcement and Fire Dispatch, and (2) Emergency Medical Dispatch. ADJUSTED PERCENTAGE OF USE for each of the two major dispatch functions of the Center is calculated by multiplying the Emergency Medical Dispatch activity, expressed as a percentage of use, by a factor of 1.5, the product of which being that portion of the shared budget, expressed as a percentage, for which Emergency Medical Dispatch is responsible, with Law Enforcement and Fire Dispatch responsible for the remaining percentage of the total shared budget. (For example, if during a given year law enforcement and fire dispatches account numerically for 90 percent of the total call- for service activity and EMS dispatches account for 10 percent, the emergency medical dispatches would be calculated at 1.5 times their actual percentage of total calls, and would be responsible for 15 percent of the shared budget. Law enforcement and fire dispatch would be responsible for the remaining 85 percent.) CALL FOR SERVICE COST is calculated as follows: A. POLICE and FIRE DISPATCHES: [Adjusted percentage of use] times [shared budget] divided by [total annual number of police and fire calls- for service] equals the [call- for service cost] for each police or fire dispatch. 8 B. EMERGENCY MEDICAL DISPATCHES: [Adjusted percentage of use] times [shared budget] divided by [total annual number of EMS calls- for service] equals the [call- for service cost] for each emergency medical service dispatch. C. USER AGENCY FINANCIAL CONTRIBUTION: [Total annual police and /or fire calls- for service,] times [call for- service cost for police and fire dispatches] plus [total emergency medical service calls -for- service,] times [individual call for service cost for EMS dispatches] equals user agency annual [financial contribution]. WHERE: "USE" means the total call- for service (CFS) count of the Center. This count does not include activity of any agency who's financial contribution is contracted as a "fixed fee If figures regarding annual calls -for- service are unavailable for a particular user or for the entire Center, the City may extrapolate the available figures in order to determine the yearly CFS units of an individual user or the Center's total annual CFS units. "FINANCIAL CONTRIBUTION" means the proportion of the Center's total annual budget paid by a user, calculated in accordance with formulae in this section. The contribution may be reduced on a pro rata basis if the user participates in the Center for less than a year. "CALLS- FOR SERVICE" is defined as any incident which results in one or more emergency services units being dispatched and /or a report or event number being drawn. The director may adjust agency totals where "calls -for- service" are assigned differently between agencies. It shall be the goal of the Center to maintain a uniform call- for service counting method among the user agencies. 5. 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 financial contributions, subject to the approval of the users' legislative bodies. 6. The parties to this Agreement may, on behalf of the Center, accept gifts and donations in recognition of services rendered, or to enhance, supplement, augment, facilitate or initiate services performed by the Center, including, but limited to, applying for and receiving grants of money or equipment from other governments. 9 Such gifts and grants shall not replace any party's financial contribution as required by this Agreement, and are the sole property of the Center. Grant applications shall be prepared under supervision of the director. IX. PROPERTY AND EQUIPMENT 1. Initially, the County and the City of Port Angeles agree to combine designated communications center equipment owned by them respectively, or to be obtained by them for this purpose, into equipping the Center. 2. Equipment, software, and other items purchased or upgraded jointly during Center implementation shall be jointly owned and a record of each agency's contribution toward ownership maintained by the director. 3. Center equipment shall be in the custody of the City of Port Angeles, but ownership shall remain in the contributing agency. The City of Port Angeles shall be responsible for the maintenance of all such equipment in good repair, normal wear and tear excepted. Upon initial receipt of custody of equipment from any user whatsoever, the City of Port Angeles shall enter it into a master inventory, describing the equipment fully, including its condition on receipt and the percentage of ownership of each user agency. Should any user withdraw from this Agreement as provided herein, such user shall be credited with or paid the depreciated value of any equipment owned or controlled by it pursuant to this Agreement and the ownership of such equipment shall be deemed transferred to the City. Such payment shall be made within 90 days of the effective date of withdrawal. Equipment jointly purchased shall, upon expiration of this Agreement, become the sole property of the City. 4. Purchase and installation of peripheral equipment necessary to provide local user agency access to computerized data maintained by the Center's CAD or records management systems shall be the responsibility of the user agency and shall only be connected to the CPU upon approval of the director. 5. Other users joining herein may contribute equipment to the Center in accordance with the foregoing. Should another user, upon joining herein, decide to maintain dispatch services or active base stations in addition to or in lieu of services received from the Center, it is understood that operational net control remains with the Center, absent agreement to the contrary. 10 6. Equipment purchased with City budgeted funds after implementation of the Center shall become the property of the City. X. MODIFICATION, WITHDRAWAL AND TERMINATION 1. This Agreement may be modified or extended in duration by mutual agreement of the parties. 2. The parties hereto may withdraw from the Center, terminating this agreement only by legislative act of their respective governing body, communicated to the City in writing. Such withdrawal shall be effective on midnight of December 31, of the year in which notice of withdrawal is tendered and in no case prior to that date. Request to withdraw by either party hereto shall require 3 months advance written notice. 3. Termination of this agreement may be imposed upon any user under the following circumstances: XI. GENERAL TERMS A. The director determines that a consistent pattern of violation, abuse or disregard of operational policies by a user's personnel exists, and such finding is communicated to the Board in writing. B. The director shall consider the recommendations of the Board, and shall attempt to obtain compliance with operational policies by the offending user. If this fails, the City shall have the authority to terminate the user's participation hereunder and exclude the user herefrom. C. Involuntary termination as in (B) above shall be effective 90 days after action by the City. 4. Upon withdrawal of a user agency or termination of this Agreement, property or equipment owned by the user agency so withdrawing shall be returned (subject to the provisions of Section IX, para 3), or, upon agreement of the parties, the Center may purchase the property or equipment from the withdrawing agency. 1. This Agreement contains terms and conditions agreed upon by the parties. The parties agree that there are no other understandings, oral or otherwise, regarding the subject matter of this Agreement. 11 2. During the performance of this Agreement, the City agrees as follows, unless, and to the extent that, this contract is exempt from federal or state equal opportunity and /or affirmative action requirements under applicable laws, regulations, and court decisions including 41 CFR, Ch.60: A. The City will not discriminate against any employee or applicant for employment because of race, color, religion, sex, Vietnam era veteran status, disabled veteran condition, physical or mental handicap, or national origin. The City will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. The City will take affirmative action to employ, advance in employment, and otherwise treat qualified special disabled or Vietnam era veterans and handicapped individuals without discrimination based upon their disability or veterans' status or physical or mental handicap in all employment actions. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The City agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the local United States Department of Labor Office setting forth the provisions of this Equal Opportuni- ty /Affirmative Action clause. B. The City will, in all solicitations or advertisements for employees placed by or on behalf of the City, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, physical or mental handicap, or national origin, and that the City is under the legal obligation to take affirmative action to employ, advance in employment, and otherwise treat qualified special disabled or Vietnam era veterans and handicapped individuals without discrimination based upon their disability or veterans' status or physical or mental handicap in all employment actions. 12 All suitable employment openings existing at contract award or occurring during contract perfor- mance will be listed at the state employment office in the locality where the opening occurs, provided that this listing requirement shall not apply to openings that the City intends to fill from within its own organization or under a customary and traditional employer -union hiring agreement. C. The City will send to each representative of workers or labor union with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency Contracting Officer, advising the said labor union or workers' representative of the City's commitments under this Equal Opportunity, Affirmative Action clause, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. D. The City will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor, including, but not limited to, the rules, regulations and orders issued by the Secretary of Labor under the Vietnam Era Veterans' Readjustment Assistance Act of 1972, the Rehabilitation Act of 1974 (29 USC 793), and the Americans with Disabilities Act of 1990. E. The City will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigations to ascertain compliance with such rules, regulations and orders. F. The City will not, on grounds of race, color, religion, sex, physical or mental handicap, or national origin: 1) Deny an individual any services or other benefits provided under this Agreement; 2) Provide any service(s) or other benefits to an individual which are different, or are provided in a different manner from those provided to others under this Agreement; 13 3) Subject an individual to segregation or separate treatment in any manner related to the receipt of any service(s) of other benefits provided under this Agreement; 4) Deny any individual an opportunity to participate in any program provided by this Agreement through the provision of services or otherwise, or afford an opportunity to do which is different from that afforded others under this Agreement. The City, in determining (1) the types of services or other benefits to be provided or (2) the class of individuals to whom, or the situation in which, such services or other benefits will be provided or (3) the class of individuals to be afforded an opportunity to participate in any services or other benefits, will not utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination because of their race, color, sex, religion, national origin, creed, or the presence of any sensory, mental or physical handicap. G. In the event of City noncompliance with the nondiscrimination requirements of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated or suspended, in whole or in part, and the City may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 or September 24, 1965, or by rule, regula- tion, or order of the Secretary of Labor, or as otherwise provided by law. H. The City will not discriminate against any person because of race, creed, political ideology, color, national origin, sex, marital status, sexual orientation, age, the presence of any sensory, mental, or physical handicap, or any other basis not reasonably related to the accomplishment of a legitimate governmental purpose, and shall take whatever affirmative action necessary to accomplish this purpose as defined in the state and federal constitutions and applicable court interpretations. 14 I. The City will include the provisions of paragraphs A through G in every subcontract unless exempt by the rules, regulations, or orders of the Secretary of Labor. 3. Each party agrees to aid and assist the other in accomplishing the objectives of this Agreement. 4. The Agreement shall be binding upon the parties hereto, their successors and assigns. IN NITNESS WHEREOF, We hereunto attach our signatures this day of 1992. 4 OF Po'' ,ANGELES Ja D. Hallett Mayor A Becky J. Uptb City -C le /Treasurer ApproVd as to form Craig Knutson City Attorney 15 Fre• 'in =V Chair an Lawrence Kettel Commissioner 16A,^ Maine Baker Co missioner 'IFI E DA STRICT 3 Approved as to form 1 Ghry Sund Attorney for the District This addendum agreement is entered into by and between Clallam County (hereinafter the "County and the City of Port Angeles (hereinafter the "City Agreement for Establishment and Operation of a Combined Communications Center signed by both parties on the 21 day of August, 1990 (hereinafter the "Agreement WITNESSETH THAT: 1. Paragraph X.1. of the Agreement provides for the extension of the Agreement by mutual agreement of the parties. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. Paragraph II of the Agreement is hereby amended to read as follows: DURATION. This Agreement shall be in effect the 1 day of September, 1990 and terminate at midnight on the 30 day ofStrn 997 unless superse by a new Agreement. Deaem er EXECUTED this 11 4711 day of L Martha Ireland ,i■ Phillip Kitchel ADDENDUM #4 TO AGREEMENT FOR ESTABLISHMENT AND OPERATION OF A COMBINED COMMUNICATIONS CENTER Attest: 1997, for CLALLAM COUNTY: Clerk of the Board Approved as to form: Ig Aa 0 1— Yeiki4./ Carole Boardma Christopher Melly, Chief 0 Deputy Prosecuting Attorney EXECUTED this day of A, a A 1997, for the CITY OF PORT ANGELES: Prosper Ostrowski, Mayor Attest: Becky J. Approved as to form: i D. utson City 1 ton; ity Cl rk Crag ty y ADDENDUM #3 TO AGREEMENT FOR ESTABLISHMENT AND OPERATION OF A COMBINED COMMUNICATIONS CENTER This addendum agreement is entered into by and between Clallam County (hereinafter the "County and the City of Port Angeles (hereinafter the "City It is intended as an addendum to the Agreement for Establishment and Operation of a Combined Communica- tions Center signed by both parties on the 21st day of August, 1990, (hereinafter the "Agreement WITNESSETH THAT: 1. Paragraphs V. 5 and VI. 1 of the Agreement provide for the County to collect a telephone excise tax as passed by the voters and established by County ordinance and make it available to the City within three days of receipt. The purpose of the excise tax is to support the development and operation of an Enhanced 911 telephone system (E911) as defined in RCW 82.14B.020(2). The primary purpose of E911 is to provide emergency responders with address information as to the location of emergency calls. 2. After the Agreement was executed, the State Legislature adopted Chapter 54, Laws of 1991, which removed the voter approval provision, the County to implement E911 on a county -wide basis, and authorized additional State funding to assist in developing E911 throughout the State. 3. The State has executed an intergovernmental agreement with the County (contract #1 -94- 685 -003), which agreement provides the County with up to $367,386 in supplemental E911 funding. The County and City have agreed that up to $250,000 of this funding should be used for the construction /remodeling of PenCom facilities at City Hall in order to facilitate E911 implementation in Clallam County. 4. The City and County have also agreed that it is in the public interest to amend the Agreement to reflect the State's revisions to, and additional funding for, the development of a State and county -wide E911 system. 5. This addendum is intended to allow for the efficient transfer of funds and payment of bills for construction, installation and operation of E911 facilities by the City under the auspices of PenCom. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. Paragraph V. 5 of the Agreement is hereby amended to read as follows: 1 5. The City shall establish a special revenue fund to account for the receipt and expenditure of all monies related to the operation of the PenCom. The funded operations shall be the responsibility of the Port Angeles Police Department and will be administered by the Director in accordance with established policies. 2. A new paragraph V. 7 is hereby added to the Agreement to read as follows: 6. In order to accommodate the increased workload associated with E911, the City shall provide for the design, construction and operation of an enlarged Peninsula Communications Center in a vacant sccond floor area of the Port Area City Nall. The design and construction of the facility shall be funded primarily with up to $250,000 of County funds. In accom- plishing this project, the City shall provide the project management services of the PenCom Director and the City's Public Works staff, shall comply with all applicable legal requirements, and shall comply with all record keeping and auditing requirements of contract #1 -94- 685 -003. The PenCom Director shall prepare County vouchers as necessary for payment of project and /or operation expenses and shall submit the vouchers to the County Undersheriff for review and submittal to the Board of County Commissioners for final approval. In the event of cost overruns beyond $250,000, the City shall provide the County with notice of such overruns as soon as they are reasonably anticipated and shall cooperate with the County in providing documentation to support additional funding through County E911 tax revenue and /or State provided funds. 3. Paragraph VI. 1. of the Agreement is hereby amended to read as follows: 1. The County shall have the overall responsibility for implementation and operation of E911 in Clallam County, much of which responsibility is being delegated to PenCom pursuant to this Agreement. The County shall establish a special revenue fund to account for the receipt and expenditure of all monies related to the E911 telephone system. The County shall enter into equipment and operation agreements with service providers such as U.S. West and PTI for instantaneously relaying addresses associated with each 911 call received at PenCom. The County shall perform its duties as agreed to with the State in contract #1 -94- 685 -003. The County shall provide the general oversight services of its Undersheriff for the E911 expansion project of PenCom facilities at the Port Angeles City Hall and shall timely process, and not unreasonably withhold its approval for, vouchers submitted by the PenCom Director as provided in paragraph V 7. In the 2 event of cost overruns on the project, the County shall consider, and not unreasonably withhold its approval for, additional funding through E911 tax revenue and /or State provided funds. The County shall maintain excess E911 funds in the special revenue fund referenced above to be spent as approved by the user agencies. EXECUTED this 2,V Sday of L /101) T 1994, for CLALLAM COUNTY: fie- Dave Cameron cTh Lawrence GaydesRi 4 Dorothy i4ncan a Sargent, Mao Attest: A.\COUN YADD .-Ly A sSn Becky J Upfi, Ci Clerk Attest: Approved as to form: Al !=4) Cler of the Board Christophe Melly, CJiief Deputy Prosecuting Attorney EXECUTED this /i5-- day of n o ,r12`0A. 1994, for the CITY OF PORT ANGELES: Approved as to form: Craig D.NKnutson, City Attorney ADDENDUM #2 TO AGREEMENT FOR ESTABLISHMENT AND OPERATION OF A COMBINED COMMUNICATIONS CENTER This addendum agreement is entered into by and between the County of Clallam (hereinafter the "County and the City of Port Angeles (hereinafter the "City It is intended as an addendum to the Agreement for Establishment and Operation of a Combined Communi- cations Center signed by both parties on the 21st day of August, 1990 (hereinafter the "Agreement WITNESSETH THAT: 1. The City and the County want to protect the seniority rights of their existing law enforcement communications employees who will be staffing, operating and maintaining the Center as City employees pursuant to Paragraph V.1 of the Agreement. 2. In order to afford such protection to the maximum extent possible for all employees affected by this Agreement, the parties have determined that the least possible compromise to the seniority rights of the current City and County dispatchers can be achieved by amending Paragraph V.1 of the Agreement as set forth below. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: Paragraph V.1 of the Agreement is hereby amended to read as follows: V. THE CITY OF PORT ANGELES AGREES AS FOLLOWS: 1. The City shall sufficiently staff, operate and maintain the Center, using employees of the City. The City shall maintain a minimum of 13 -1/2 dispatcher Positions durina the contract period. The City shall transfer existing Clallam County Sheriff's Department communications employees to the City Civil Service system with all rights and privileges and using the procedures defined in Ch. 2.22 PAMC; provided. however. that if this contract is terminated. such transferred employees shall be reemployed by the County. For the purposes of non civil service. seniority related issues. those communications employees transferred from the Clallam County Sheriff's Department shall not be credited with any seniority greater than existing Port Anaeles Police Department communications employees with reaard to lay -off pro- cedures. After successful completion of the one vear Probationary period. such Sheriff's Department 1 .5, ,,,7/7 A Dave Cameron, Chair Pxnaj_'j h-ienXO Lawrence Gaydeski Dorothy7Duncan (an Sargent, Mayor Attest: Becky J ADD2.CDC communication employees shall be credited with seniority as of their hire dates with the Sheriff's Department with reaard to vacation scheduling. an issue that the City considers to be a management right. to the extent that the City chooses to base vacation scheduling on seniority. EXECUTED this A day of LAMJI/ 1990, for CLALLAM'COUNTY: ptdx�, Civy Clerk 2 Attest: CI erk of the Board Approved as to form Deputy Prosecuting orney AL EXECUTED this 040 day of /1 r- .PjtcL 1990, for the CITY OF PORT ANGELES: Approved as to form: Craig D. s 5knutson, City Attorney AIIIMIII11111. October 3, 1990 Ms. Karen Flores Clerk of the Board Clallam County Commissioners Office 223 East Fourth Street Port Angeles, WA 98362 Re: Addendum to Agreement for Establishment and Operation of a Combined Communications Center Dear Karen: Enclosed for your file is a fully executed copy of the above referenced Addendum to Agreement for Establishment and Operation of a Combined Communications Center. I have retained one copy for the City's file. Thank you for your assistance on this matter. Sincerely yours, Becky J. Upton City Clerk enc 43m Copy: Mike Cleland, Police Chief CITY OF PORT ANGELES 321 EAST FIFTH ST P 0 BOX 1150 PORT ANGELES, WASHINGTON 98362 PHONE (206) 457 -0411 This addendum agreement is entered into by and between the County of Clallam (hereinafter the "County") and the City of Port Angeles (hereinafter the "City"). It is intended as an addendum to the Agreement for Establishment and Operation of a Combined Communications Center signed by both parties on the 21st day of August, 1990. WITNESSETH THAT: Addendum to Agreement for Establishment and Operation of a Combined Communications Center 1. The City does not have an individual trained and experienced in AS400 operation or in the operation, installation and customization of hardware or the software to be purchased. 2. The County has operated an AS400 and a version of the software intended to be used for combined dispatch and records for approximately five (5) years. The Sheriffs Department has personnel experienced and trained in the operation, installation and maintenance of both the hardware and software. 3. Sheriffs Department personnel are necessary to provide proper installation and customiza- tion of hardware and software for dispatch, records and to provide training to both dispatch personnel and the Center's Director. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the par- ties agree as follows: 1. The County will provide a person trained and experienced in hardware and software installa- tion, operation and customization to perform those functions and to provide training to City personnel. 2. The City will reimburse the County for actual time spent in the installation, operation and maintenance of hardware and software for combined dispatch and records or for training of City personnel. 3. Such reimbursement shall be effective on 1 September 1990 and continue until 1 January 1992 or until both parties agree that City communications personnel and /or the Center's Di- rector are sufficiently trained to carry out those functions. 4. Rate of reimbursement shall be $14.97 per hour until the City hires a Communications Director. Reimbursement shall thereafter be $24.95 per hour. f T EXECUTED this the (If/ et. day of Att for CLALLAM COUNTY: AL, Dave Cameron, Chair Di„,&; Dorothy Duncan 0 City Clerk ..eti— c,da`r Attest: y EXECUTED this the day of 1990 for the CITY OF PORT ANGELES: -c ..ca)vg,f2A± J6aq Sargent, Mayor Clerk of the Board Approved as to form: Deputy Prosecuting Attorney Attest: Approved as to form: Craig Knuts. City Attorney S o* pORT givo 0 t cn CITY OF PORT ANGELES $j�_- J� y 321 EAST FIFTH ST P.O BOX 1150 PORT ANGELES, WASHINGTON 98362 PHONE (206) 457 -0411 S /*RATIVE 5 August 23, 1990 Ms. Karen Flores Clerk of the Board Clallam County Commissioner's Ofc. 223 E. 4th Street Port Angeles, WA 98362 RE: Agreement for Establishment and Operation of a Combined Communications Center Dear Karen: Enclosed is one fully executed copy of the above referenced agreement between the City of Port Angeles and Clallam County. I know the City Council, as well as staff, is pleased to see this effort come to fruition! If I can be of any assistance, please contact me. Sincerely, e D i I/O k- Becky J. Wpton City Clerk BJU:CH Enclosure 5. W7 WITNESSETH THAT: AGREEMENT FOR ESTABLISHMENT AND OPERATION OF A COMBINED COMMUNICATIONS CENTER THIS AGREEMENT is entered into by and between the County of Clallam, a political subdivision of the State of Washington (hereinafter the "County and the City of Port Angeles, a non charter, code municipal corporation of the State of Washington (hereinafter the "City for the establishment of Pen Com, an emergency communications and records management center (herein- after the "Center 1. WHEREAS, both the City and the County have agreed to combine their emergency communications centers in order to provide more efficient and effective communications service to their respective public safety agencies, and thereby to better serve the public; and 2. WHEREAS, the County Sheriff's Department, the City Police Depart- ment, and the City Fire Department have negotiated for the consolidation of their communications and computerized records services to be provided by the City; and 3. WHEREAS, Chapter 39.34 RCW permits local governmental units to make official use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage; and 4. WHEREAS, it is the goal of the Center to serve the citizens of Clallam County by providing an effective and efficient communication link between those people with a fire, medical or law enforcement emergency and those agencies which are designed to respond to such an emergency. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and pursuant to the provisions of R.C.W. 39.34, the parties hereto do agree as follows: I. PURPOSE It is the purpose of this Agreement to provide a mechanism whereby the City and the County will, and eventually all Clallam County Public Safety Agencies may, contract for their law enforcement, fire and emergency medical communications dispatching services, and limited records services, by the establishment of a consolidated dispatch center operated by personnel of the City of Port Angeles according to industry standards. II. DURATION The duration of this Agreement shall be in effect the 1st day of September, 1990 and terminate at midnight on the 31st day of December, 1995, unless this Agreement is sooner modified, extended or terminated in accordance with the terms hereof. III. ADVISORY BOARD 5.247 The parties hereto agree to establish a Pen Com Advisory Board (here- inafter the "Board which shall be the operations policy recommending body for the Center. The Board shall be composed of a representative of each agency which is a user of the Center's services under contract. Voting shall be weighted so as to represent the percentage of activity of the user agency based on the average annual number of Calls for Service, which shall be calculated on a one or two year base until a three year period of records has been collected, provided that if a full year's figures are unavailable the available figures from previous dispatch history will be extrapolated to determine a yearly average. The Center's Director may, at his /her discretion, organize subcommit- tees necessary for efficient operation of the Center. Votes shall be weighted annually in January. Calls -for- Service of entities withdrawing from the Center shall be excluded from the formula set forth in paragraph VIII, 4, of this Agreement. 1. The Board may establish by -laws consistent with this Agreement, should the need arise. 2. The Board shall have the authority to: A. Make recommendations for the operation of the Center in accordance with industry standards. B. Review the financial contributions of the parties hereto, and to recommend adjustments in the same if the Board determines that any of the parties hereto is bearing an unjust share of the costs of the Center. C. Recommend approval of the joining herein of any other user wishing to participate. D. Recommend services provided to each user agency to include use of the Center's computerized law enforcement and fire records management systems. E. Prior to budget approval, the Director will meet with the Council of the City of Port Angeles, the Board of Commis- sioners of Clallam County, or other user agency legislative bodies if so requested, to review the Center's budget and to discuss the Board's recommendations. 3. Decisions reached by the Board shall be by weighted vote of the majority of the membership. IV. JOINING OF OTHER USERS Other governmental bodies or emergency service organizations within Clallam County area may make use of the Center in accordance with the following: 1. Each such user agency must execute a written agreement, which is substantially the same in content as this Agreement, in accordance with the applicable laws of the State of Washington, agreeing to be bound in all respects, including bearing a proportional share of the financing of the Center; and, 2 8/90 2. The City may, after review by the Board, approve the joining of a governmental body providing emergency services desiring only limited services based upon a written agreement requiring a flat annual fee. Such agreements shall be limited to three years in duration and may be renewed at the discretion of the City. Fees charged to agencies using a flat fee shall be included in the computations used to determine financial contributions of other user agencies. 3. The City shall charge new user agencies for costs for enhancements of equipment or expansion of buildings, property or equipment necessary to provide services for the new user agency. The City may also charge new users a one time fee to be negotiated between the City and the new user agency in order to partially reimburse the Center for costs incurred by the City and County for implementation of the Center. Any reimbursement fees collected by the City from new users shall be placed in a fund maintained by the City and used solely for enhancement of the Center. 4. Upon approval of the joining of a new user hereto, the Director shall recompute the financial contributions of the various parties hereto, and shall inform them forthwith of their adjusted contri- bution for the current calendar year. V. THE CITY OF PORT ANGELES AGREES AS FOLLOWS: 1. The City shall sufficiently staff, operate and maintain the Center, using employees of the City. The City shall transfer existing Clallam County Sheriff's Department communications employees to the City Civil Service system with all rights and privileges and using the procedures defined in Ch. 2.22 PAMC. 2. The City shall employ and assign the selected Director, who shall supervise the day -to -day operations of the Center. The Director shall be responsible to the City of Port Angeles Chief of Police for the staffing and direction of all personnel employed by the Center, for budget preparation and management, and for the effi- cient operation of the Center, including the development of operating policies and procedures, scheduling, supervision and maintenance of liaison with the other users of the Center. 3. The City shall maintain records and statistics of the operation of the Center for administrative and financial purposes. The City shall furnish a monthly report of activities of the Center and of each user's utilization of the Center. 4. The City shall provide the following communications and records services: A. A 9 -1 -1 emergency telephone answering point for the receipt of calls for emergency and other assistance; B. The development and utilization of a computer aided dispatch system for emergency vehicles and units, and provision of necessary information thereto. C. The development and utilization of a computerized law en- forcement and fire records management system to be provided to the County as well as other selected user agencies which have contracted with the City for such services. Entry of information and retrieval of data to and from the system shall be the responsibility of the user agency except that data which is captured during the dispatch process. The system shall include, in addition to computer aided dispatch, a minimum of the following: 1) Master Name Search containing an index of records of all agencies subscribing to the Center. 2 Incident Report entry /modification and generation to include incident header, involved persons, involved property, involved vehicles and narrative. 3) Criminal History Records. 4) Report generation capability for Uniform Crime Report (UCR) Incident Based Reporting (IBR format), manpower allocation, crime analysis, and management reports. 5) Evidence management. 6) Stolen property files, address activity files, and other standard police record files searchable with limited or partial information. 7) All records must be unique by user agency and reports must be addressable by agency. Security must be main- tained on all records. 8) Warrants, wants, stolen vehicles and property. D. The sending, receipt and advice of all teletype messages addressed to or from parties hereto that are pertinent to the operation of the Center, the dispatching of their public safety personnel, or as determined by other policy; E. The performance of other tasks and services necessary and proper for the efficient operation of a comprehensive emer- gency communications system. 5. If an excise tax to fund 9 -1 -1 telephone operations is voted upon and passed by the voters of Clallam County, the City shall estab- lish a special revenue fund to account for the receipt and expen- diture of all monies related to the 9 -1 -1 telephone operation. The operations within the fund shall be the responsibility of the Port Angeles Police Department and will be administered by the Director in accordance with established policies. 4 8/90 6. The City shall provide for the facility and space of the Center. If located in existing City buildings, the City shall not charge users for use of the space. VI. THE COUNTY OF CLALLAM AGREES AS FOLLOWS: 1. If voted upon and passed by the voters of Clallam County, the County shall collect a telephone excise tax as established by County Ordinance and make it available to the City of Port Angeles within three days of receipt for deposit into the City's designated special revenue fund. 2. The County shall provide maintenance of the CPU, peripherals, and programs used to run the CAD and records systems. Costs of maintenance contracts and additional maintenance will be billed to the Center. The County will provide personnel time for maintenance and programming of the CAD and records system in exchange for the City providing space for the Center. VII. THE PARTIES HERETO AGREE AS FOLLOWS: 1. Radio frequencies: VIII.FINANCES Each participating user, while retaining its ownership or license right to the radio frequencies used by the user at the time of joining in this Agreement, agrees to permit use and operational control of those frequencies by Center personnel. Each user shall be responsible for renewing its own frequency licenses at the end of the respective license periods and to maintain their base radio stations, repeaters and other radio support equipment outside the Center's facility. 2. Liabilities: Except for liability that is subject to immunity as provided by Ch. 38.52 RCW, each party agrees to 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 or agency of such party. 3. Disputes between parties: Should a dispute arise between the City and the County or any other user agencies, the parties may resolve the same by submitting the dispute for resolution by negotiation between the parties and 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. 1. All expenses of the Center shall be paid for by the City and the County and all other user agencies in accordance with this Agreement. 2. It shall be the responsibility of the Director to prepare an annual budget which will include all necessary and required revenues and expenditures. 3. User agencies shall contribute to the Center on a quarterly basis, pursuant to this Agreement, their financial payments for the cost of operation of the Center. User agencies will be billed each quarter for their estimated proportional share of the yearly operating expenses of the Center. Bills will be adjusted the first quarter of each year to balance any overpayments or underpayments of estimated bills for the previous year. 4. Computation of the distribution of financial contributions for communications services shall be as follows: The overall computation shall first be determined by the percent- age of usage (calls- for service) between the two major functions served by the Center, i.e. law enforcement and fire. (For example, during a given quarter police utilized 80 percent of the calls- for service and all fire functions utilized 20 percent). Fire agencies shall be responsible for 1.5 times their percentage of usage on emergency medical calls. Law enforcement shall be responsible for the remaining percentage. A. The formula for further computing financial contributions for individual police agencies is as follows: B. The formula for further computing financial contributions for individual fire agencies is as follows: WHERE: [(Total Law Enforcement Cost) divided by total adjusted number of calls- for service] times [individual agencies' adjusted calls- for service] equals user Law Enforcement Agencies' financial contribution. [(Total Fire Cost) divided by total adjusted number of calls for- service] times [individual agencies' adjusted calls- for service] equals user fire agencies' financial contribution. "Usaae" means the expression, in percent, of a user's use of the services of the Center, as compared to the total usage by all users. Usage shall be determined by a count of the user's "calls- for service" which is defined below. Once each month the City will provide a summary of each user's usage during the preceding month. If figures regarding annual calls for service are unavailable for either a participating user or for the entire system, the City may extrapolate the available figures in order to determine either the yearly units of use attributable to a user, or the annual units of use of the entire system. "Financial Contribution" means the proportion of the Center's total annual budget paid by a user, expressed as a percentage of that budget. The contribution may be reduced on a pro rata basis if the user participates in the Center for less than a full year. The total financial contribution shall be determined by calcula- tion of all planned disbursements and then subtracting all other anticipated revenue sources except that to be paid by the user parties. "Calls- For Service" is defined as an incident which results in one or more emergency services unit being dispatched and /or in a report or event number being drawn. The Director may adjust agency totals where "calls- for service" are assigned differently between agencies. 4. In the event a budget shortage occurs, the City may assess each user an additional levy, based on the above computation of finan- cial contributions, after approval of the users' legislative bodies. 5. The parties to this Agreement on behalf of the Center may accept gifts and donations, and may apply for and receive grants of money or equipment from other governments. Such gifts and grants shall not replace any party's financial contribution as required by this Agreement. Grant applications shall be prepared under supervision of the Director. IX. PROPERTY AND EQUIPMENT 1. Initially, the County and the City of Port Angeles agree to combine designated communications center equipment owned by them respectively, or to be obtained by them for this purpose, into equipping the Center. 2. Equipment, software, and other items purchased or upgraded jointly during Center implementation shall be jointly owned and a record of each agency's contribution toward ownership maintained by the Director. 3. Center equipment shall be in the custody of the City of Port Angeles, but ownership shall remain in the contributing agency. The City of Port Angeles shall be responsible for the maintenance of all such equipment in good repair and adjustment, normal wear and tear excepted. Upon initial receipt of custody of equipment from any user what- soever, the City of Port Angeles shall enter it into a master inventory, describing the equipment fully, including its condition on receipt and the percentage of ownership of each user agency. Should any user withdraw from this Agreement as provided herein, such user shall be credited with or paid the depreciated value of any equipment owned or controlled by it pursuant to this Agreement and the ownership of such equipment shall be deemed transferred to the City. Such payment shall be made within 90 days of the effective date of withdrawal. 7 8/90 Equipment jointly purchased shall, upon expiration of this Agree- ment, become the sole property of the City. 4. Purchase and installation of peripheral equipment necessary to provide local user agency access to computerized data maintained by the Center's CAD or records management systems shall be the responsibility of the user agency and shall only be connected to the CPU upon approval of the Director. 5. Other users joining herein may contribute equipment to the Center in accordance with the foregoing. Should another user, upon joining herein, decide to maintain dispatch services or active base stations in addition to or in lieu of services received from the Center, it is understood that operational net control remains with the Center, absent agreement to the contrary. 6. Equipment purchased with City budgeted funds after implementation of the Center shall become the property of the City. X. MODIFICATION, WITHDRAWAL AND TERMINATION 1. This Agreement may be modified or extended in duration by mutual agreement of the parties. 2. The parties hereto or another user agency may withdraw from the Center only by legislative act of its governing body, communicated to the City in writing. Such withdrawal shall be effective on midnight of December 31, of the year in which notice of withdrawal is tendered and in no case prior to that date. Request to withdraw by either party hereto shall require 3 months advance written notice. 3. Withdrawal may be imposed upon any user under the following circumstances: A. The Director determines that a consistent pattern of abuse of operational policies by a user's personnel exists, and such determination is communicated to the Board in writing. B. The Director shall consider the recommendations of the Board, and shall attempt to obtain compliance with operational policies by the abusing user. If this fails, the City shall have the authority to terminate the user's services hereunder and exclude the user herefrom. C. Involuntary withdrawal as described by the foregoing shall be effective 90 days after action by the City. 4. Termination of this Agreement may be accomplished by action of each party's legislative body, which shall be effective no less than 90 days from the date of approval by the legislative bodies. 5. Upon withdrawal of a user agency or termination of this Agreement, property or equipment owned by the user agency so withdrawing shall be returned (subject to the provisions of Section IX, para 8 8/90 XI. GENERAL TERMS 3), or, upon agreement of the parties, the Center may purchase the property or equipment from the withdrawing agency. 1. This Agreement contains terms and conditions agreed upon by the parties. The parties agree that there are no other understand- ings, oral or otherwise, regarding the subject matter of this Agreement. 2. During the performance of this Agreement, the City agrees as follows, unless, and to the extent that, this contract is exempt from federal or state equal opportunity and /or affirmative action requirements under applicable laws, regulations, and court decisions including 41 CFR, Ch. 60: A. The City will not discriminate against any employee or applicant for employment because of race, color, religion, sex, Vietnam era veteran status, disabled veteran condition, physical or mental handicap, or national origin. The City will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. The City will take affirmative action to employ, advance in employment, and otherwise treat qualified special disabled or Vietnam era veterans and handicapped individuals without discrimination based upon their disabil- ity or veterans' status or physical or mental handicap in all employment actions. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The City agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the local United States Department of Labor Office setting forth the provisions of this Equal Opportuni- ty /Affirmative Action clause. B. The City will, in all solicitations or advertisements for employees placed by or on behalf of the City, state that all qualified applicants will receive consideration for employ- ment without regard to race, color, religion, sex, physical or mental handicap, or national origin, and that the City is under the legal obligation to take affirmative action to employ, advance in employment, and otherwise treat qualified special disabled or Vietnam era veterans and handicapped individuals without discrimination based upon their disabil- ity or veterans' status or physical or mental handicap in all employment actions. All suitable employment openings exist- ing at contract award or occurring during contract perfor- mance will be listed at the state employment source office in the locality where the opening occurs, provided that this listing requirement shall not apply to openings that the City 9 8/90 intends to fill from within its own organization or under a customary and traditional employer -union hiring agreement. C. The City will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency Contracting Officer, advising the said labor union or workers' representative of the City's commitments under this Equal Opportunity /Affirmative Action clause, and shall post copies of the notice in conspicuous places avail- able to employees and applicants for employment. D. The City will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regula- tions, and relevant orders of the Secretary of Labor, in- cluding, but not limited to, the rules, regulations and orders issued by the Secretary of Labor under the Vietnam Era Veterans' Readjustment Assistance Act of 1972, and the Rehabilitation Act of 1974 (29 USC 793), as amended. E. The City will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigations to ascer- tain compliance with such rules, regulations and orders. F. The City will not, on grounds of race, color, religion, sex, physical or mental handicap, or national origin: 1) Deny an individual any services or other benefits provided under this Agreement; 2) Provide any service(s) or other benefits to an indivi- dual which are different, or are provided in a different manner from those provided to others under this Agree- ment; 3) Subject an individual to segregation or separate treat- ment in any manner related to the receipt of any ser- vice(s) of other benefits provided under this Agreement; 4) Deny any individual an opportunity to participate in any program provided by this Agreement through the provision of services or otherwise, or afford an opportunity to do which is different from that afforded others under this Agreement. The City, in determining (1) the types of services or other benefits to be provided or (2) the class of individuals to whom, or the situation in which, such services or other benefits will be provided or (3) the class of individuals to be afforded an opportunity to participate in any services or other benefits, will not utilize criteria or methods of administration which have the effect of subjecting individuals to discrimination because of their race, color, sex, 10 8/90 religion, national origin, creed, or the presence of any sensory, mental or physical handicap. G. In the event of City noncompliance with the nondiscrimination requirements of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be cancelled, terminated or suspended, in whole or in part, and the City may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 or September 24, 1965, or by rule, regula- tion, or order of the Secretary of Labor, or as otherwise provided by law. H. The City will include the provisions of paragraphs A through G in every subcontract unless exempt by the rules, regula- tions, or orders of the Secretary of Labor. I. The City will not discriminate against any person because of race, creed, political ideology, color, national origin, sex, marital status, sexual orientation, age, the presence of any sensory, mental, or physical handicap, or any other basis not reasonably related to the accomplishment of a legitimate governmental purpose, and shall take whatever affirmative action necessary to accomplish this purpose as defined in the state and federal constitutions and applicable court interpretations. 3. Each party agrees to aid and assist the other in accomplishing the objectives of this Agreement. 4. The Agreement shall be binding upon the parties hereto, their successors and assigns. 11 8/90 EXECUTED this the (9141±, day of Dave Cameron, Chair Lawrence Gaydesk' Dorothy t ncan orn Sargent, Mayor`J Attest: Attest: Approved as to form: Appro 4 1990 for CLALLAM COUNTY: C1er of the Board a6u yaezz Deputy Proscuting Attorne EXECUTED this the 21st day of AUGUST 1990 for the CITY OF PORT ANGELES as to form: XT; Craig Kr4t,son, City Attorney 12 8/90 WHEREAS, the City of Port Angeles and Clallam County have agreed to enter into a contract in which the City will provide emergency communication and computerized records management services to the County; and WHEREAS, certain County Sheriff's Office employees currently perform emergency communications and /or computerized records management duties that will now be performed exclusively by the City's Police Department; and WHEREAS, in order to competently, effectively, and efficiently perform said emergency communications and computerized records management services, the City's Police Department will have an immediate need for additional employees with the knowledge, experience and expertise of said County Sheriff's Office employees; and ORDINANCE NO. 2611 AN ORDINANCE of the City of Port Angeles, Washington, providing for the transfer of County Sheriff's Office employees into the City's Civil Service System for the Police Department and adding a new Section 2.22.205 to the Port Angeles Municipal Code. WHEREAS, Chapter 41.14 RCW provides for the transfer of police department employees into county civil service for sheriff's offices in similar circumstances; and WHEREAS, it is anticipated that similar arrangements may be made in the future with other law enforcement agencies that want to contract with the City for emergency communications and /or computerized records management services; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ANGELES DOES HEREBY ORDAIN as follows: Section 1. A new section shall be added to Chapter 2.22 of the Port Angeles Municipal Code to read as follows: 5.2 4'1 2.22.205 Transfer of emplovees from other law enforcement agencies. (1) When the City of Port Angeles contracts to provide law enforcement services to other jurisdictions, any employee of such jurisdiction may be eligible to transfer his or her employment to the Port Angeles Police Department, provided that such employee was at the time such contract was entered into employed exclusively or principally in performing the powers, duties, and functions which are to be performed by the Port Angeles Police Department under such contact, and provided further that such employee meets the minimum standards and qualifications of the Port Angeles Police Department. (2) An employee eligible under PAMC 2.22.205(1) for transfer from another law enforcement agency to the Port Angeles Police Department may initiate such transfer by filing a written request with the City of Port Angeles and by giving written notice thereof to the Chief Examiner. Upon receipt of such request and approval by the Appointing Power, the Chief Examiner shall make the transfer of employment. (3) The employee transferring employment under PAMC 2.22.205(2) from another law enforcement agency to the Port Angeles Police Department will (a) receive a salary equal to that of comparable employees of the Police Department, and (b) be on probation for the same period as are new employees of the Police Department, and (c) after successful completion of the probationary period be eligible for promotion and seniority rights, benefits, and privileges to which he or she would have been entitled had he or she been a Police Department employee from the beginning of his or her employment with the other law enforcement agency. (4) The Appointing Power may appoint the transferring employee to whatever duties it feels are in the best interest of the Police Department and the individual. Section 2. Effective date. This ordinance shall be effective five days after publication. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 21st day of August, 1990. ATTEST: 90.22 APPROVW AS TO FORM: Craig D.Cnutson, City Attorney PUBLISHED: 8/26/90 1r.A,—k g I MAYO4 INSURED: CERTIFICATE HOLDER: CITY OF PORT ANGELES 321 EAST FIFTH STREET PORT ANGELES, WA INSURANCE COMPANY: POLICY NUMBER: POLICY TERM: COVERAGE; DATE: 12/08/92 SIGNED: CERTIFICATE OF INSURANCE THE SALVATION ARMY A CALIFORNIA CORPORATION 30840 HAWTHORNE BOULEVARD RANCHO PALOS VERDES, CA 90274 Post -It brand fax transmittal To L a7h2.$ co. Dept. Farr TRANSAMERICA INSURANCE COMPANY COMMERCIAL GENERAL LIABILITY 2781668 OCTOBER 1, 1992 THROUGH OCTOBER 1, 1994 COMMERCIAL GENERAL LIABILITY INCLUDING OPERATIONS, PRODUCTS, CONTRACTUAL, PROTECTIVE ANQ ELEVATORS LIMITS: 300,000 COMBINED SINGLE LIMIT PER OCCURRENCE AND $2,000,000 GENERAL AGGREGATE THIS COVERAGE IS SUBJECT TO ALL TERMS, CONDITIONS, PROVISIONS, EXCLUSIONS AND LIMITATIONS OF THE DESCRIBED POLICY, WHETHER SHOW; BY ENDORSEMENT OR OTHERWISE. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE IS ISSUED, THE INSURANCE AFFORDED BY THE POLICY LISTED IS SUBJECT TO ALL THE TERMS OF SAID POLICY. SHOULD THIS POLICY BE CANCELLED, ASSIGNED OR MATERIALLY CHANGED DURING THE EFFECTIVE PERIOD, THE COMPANY WILL MAIL THIRTY (30) DAYS ADVANCE NOTICE TO THE CERTIFICATE HOLDER. THE CERTIFICATE HOLDER, ITS EMPLOYEES, OFFICERS AND AGEN'T'S, ARE INCLUDED AS ADDITIONAL INSUREDS UNDER THESE POLICIES AS RESPECTS LEGAL, LIABILITY ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, BUT ONLY IF THE NAMED INSURED IS OBLIGATED UNDER CONTRACT OR WRITTEN AGREEMENT TO DO SO. AS RESPECTS TO SECURE USE OF A CERTAIN PORTION OF THE PREMISES KNOWN AS 134 WEST FRONT STREET FOR SALVATION ARMY CHRISTMAS ACTIVITIES COMMENCING; NOVEMBER 24, 1992 THROUGH JANUARY 2, 1993 )44 SUSAN GOGGIN LOCATION CODE: 09 -080 SEDGWICK JAMES OF CALIFORNIA INC. nOemo 7671 1# of pages From r cw5,- li act e r erk. Co. IlPhone ft "Pax 0 46 TOTAL PHGE OO 1 T,f AGREEMENT THIS AGREEMENT is made this —day of November, 1993, by and between the CITY OF PORT ANGELES, a municipal corporation (here- after "City and the SALVATION ARMY, a non profit corporation (hereafter "Salvation Army FOR AND IN CONSIDERATION OF the mutual covenants and promises herein, it is agreed by the parties as follows: 1. Use of Premises. City agrees to allow Salvation Army to use that portion of the premises at 134 West Front Street in Port Angeles, Washington, which portion is commonly known as the old City Manager's and adjoining offices located in the northwestern part of said premises, all as identified and approved by the City Manager or his designee, provided that Salvation Army's use of the premises shall be restricted to storing and dispensing clothing and miscellaneous items for indigent persons residing in and near Port Angeles, Washington, and necessary associated activities. 2. Term. Salvation Army's use of the premises shall be allowed to continue until January 1, 1994. 3. Use of Premises. Salvation Army shall use the premises to store and provide clothing and miscellaneous items for indigent persons who reside in and near Port Angeles, Washington, and necessary associated activities and purposes incidental to such operation and for no other purpose whatsoever without the written consent of City being obtained prior to commencement of the new use. 4. Repairs and Maintenance. Salvation Army represents that it has inspected and examined the premises, accepts them in their present condition, and agrees that City shall be required to make no major structural or mechanical repairs in or upon the premises or any part thereof. Salvation Army agrees to make any and all repairs at Salvation Army's sole cost and expense, and agrees to keep said premises safe and in good order and condition at all times during the term thereof. Upon termination of this agreement, Salvation Army will quit and surrender possession of said premises quietly and peaceably and in as good order and condition as the same were at the commencement hereof, reasonable wear, tear and damage by the elements excepted. 5. Liability. Salvation Army shall indemnify, defend and hold City harmless from any loss or damage that may arise out of or in any way be connected with this agreement, the premises, or the use of the premises by Salvation Army or its agents or employees or officers, including personal injury or property damage. 6. Insurance. Salvation Army agrees to deliver to City upon the execution of this agreement proof of a public liability and property damage insurance policy in a form and with policy limits satisfactory to City, assuring the indemnification and holding harmless of City against any and all claims for personal injury or property damages arising out of this agreement, with City named as an additional insured. Salvation Army shall keep proof of this policy in force during the term of this agreement. In the event that the premises are destroyed, partially or completely, by fire or other casualty, the proceeds of Salvation Army's insurance shall be available to rebuild the premises, provided that City shall not be obligated to rebuild the premises in such event. 7. Riaht of Entry. The City shall have unlimited right of entry for purposes of posting the premises "FOR SALE" or "FOR RENT to show the premises to prospective purchasers and tenants, to store and have access to City records, and for any other purpose that the City deems necessary. 8. Inspection. City reserves the right to inspect the premises to insure compliance with the terms of this agreement at reasonable times and upon reasonable notice to Salvation Army. 9. Assianment. Assignment of this agreement shall not be permitted without the written consent of the City. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their respective officers thereunto duly authorized and their corporate seals to be affixed in duplicate. CITY OF PORT ANGELES By /f i i Ja es Hallettl /Mayor TEST: A00, JA Becky J. Uon, City Clerk AGMMTSA r SALVATION ARMY ir(/ n By Title INSURED: CERTIFICATE HOLDER: CITY OF PORT ANGELES 321 E. 5TH STREET PORT ANGELES, WA 98362 Fax c INSURANCE COMPANY: TRANSAMER POLICY NUMBER COMMERCIAL GENERAL LIABILITY 2838924 POLICY TERM COVERAGE COMMERCIAL GENERAL LIABILITY INCLUDING OPERATIONS, PRODUCTS, CONTRACTUAL, PROTECTIVE AND ELEVATORS LIMITS 350,000 COMBINED SINGLE LIMIT PER OCCURRENCE AND $2,000,000 GENERAL AGGREGATE THIS COVERAGE IS SUBJECT TO ALL TERMS, CONDITIONS, PROVISIONS, EXCLUSIONS AND LIMITATIONS OF THE DESCRIBED POLICY, WHETHER SHOWN BY ENDORSEMENT OR OTHERWISE. THE COVERAGES SHOWN ABOVE MAY BE SUBJECT TO AGGREGATE LIMITS NOT SHOWN ON THIS CERTIFICATE. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE IS ISSUED, THE INSURANCE AFFORDED BY THE POLICY LISTED IS SUBJECT TO ALL THE TERMS OF SAID POLICY. SHOULD THIS POLICY BE CANCELLED, ASSIGNED OR MATERIALLY CHANGED DURING THE EFFECTIVE PERIOD, THE COMPANY WILL MAIL THIRTY (30) DAYS ADVANCE NOTICE TO THE CERTIFICATE HOLDER. THE CERTIFICATE HOLDER IS INCLUDED AS AN ADDITIONAL INSURED UNDER THESE POLICIES AS RESPECTS LEGAL LIABILITY ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, BUT ONLY IF THE NAMED INSURED IS OBLIGATED UNDER CONTRACT OR WRITTEN AGREEMENT TO DO SO. AS RESPECTS TO SECURE USE OF THE PREMISES KNOWN AS 134 W. FRONT STREET, PORT ANGELES, WA FOR SALVATION ARMY CHRISTMAS ACTIVITIES. COMMENCING: NOVEMBER 24, 1993 THROUGH JANUARY 1, 1994 EUICK I3 JOHNSON LOCATION CODE: 09 -080 ACORDIA OF ARIZONA DATE: 11/23/93 SIGNED: CERTIFICATE OF INSURANCE THE SALVATION ARMY A CALIFORNIA CORPORATION 30840 HAWTHORNE BOULEVARD RANCHO PALOS VER ES, CA 90274 Post -It'" brand fax transmittal memo 7671 co, Dept. Ie t]_ From I co. e of psges OCTOBER 1, 1993 THROUGH OCTOBER 1, 1996 RECEIVED g NOV 2 3 1993 SALVATION ARMY PORT ANGELES CORP: TOTAI PAr,F n 1 IL. i _I` 11 IL The Salvation Army Northvvest Divisional Headquarters 233 First Avenue West P.O. Box 9219 Seattle, WA 98109 -0200 TEL: (206) 281 -4600 FAX (206) 286 -0182 December 9, 1992 City of Port Angeles RE: PORT ANGELES CHRISTMAS CENTER To Whom It May Concern: I I L LL= Post -It" brand fax transmittal memo 7671 I# of pages To 0 v.t i From I M ay o yC". Co. Co. f Dept. Phan* or Fax +Fax This is to firm up the fact that effective with the signing of the contract in Los Angeles today and the issuance of the insurance certificate, we, have complete liability insurance as per your request. Thank you for donating use of the building. Merry Christmas! Sincerely, .1‘4 Ralph E. Hood, Jr. Major DIVISIONAL SECRETARY REH /tuw 0r lat sret elAnfrart' l t Sod 1s. ko-e I '\William Booth. Founder Eva Burrow,. General raul A Rader, Territorial Commander Alfred R. Van C1ccf, Divisional Commander AGREEMENT THIS AGREEMENT is made this day of November, 1992, by and between the CITY OF PORT ANGELES, a municipal corporation (here- after "City and the SALVATION ARMY, a non profit corporation (hereafter "Salvation Army FOR AND IN CONSIDERATION OF the mutual covenants and promises herein, it is agreed by the parties as follows: 1. Use of Premises. City agrees to allow Salvation Army to use that portion of the premises at 134 West Front Street in Port Angeles, Washington, which portion is commonly known as the old City Manager's and adjoining offices located in the northwestern part of said premises, all as identified and approved by the City Manager or his designee, provided that Salvation Army's use of the premises shall be restricted to storing and dispensing clothing and miscellaneous items for indigent persons residing in and near Port Angeles, Washington, and necessary associated activities. 2. Term. Salvation Army's use of the premises shall be allowed to continue until January 2, 1993. 3. Use of Premises. Salvation Army shall use the premises to store and provide clothing and miscellaneous items for indigent persons who reside in and near Port Angeles, Washington, and necessary associated activities and purposes incidental to such operation and for no other purpose whatsoever without the written consent of City being obtained prior to commencement of the new use. 4. Repairs and Maintenance. Salvation Army represents that it has inspected and examined the premises, accepts them in their present condition, and agrees that City shall be required to make no major structural or mechanical repairs in or upon the premises or any part thereof. Salvation Army agrees to make any and all repairs at Salvation Army's sole cost and expense, and agrees to keep said premises safe and in good order and condition at all times during the term thereof. Upon termination of this agreement, Salvation Army will quit and surrender possession of said premises quietly and peaceably and in as good order and condition as the same were at the commencement hereof, reasonable wear, tear and damage by the elements excepted. 5. Liability. Salvation Army shall indemnify, defend and hold City harmless from any loss or damage that may arise out of or in any way be connected with this agreement, the premises, or the use of the premises by Salvation Army or its agents or employees or officers, including personal injury or property damage. 1 1 6. Insurance. Salvation Army agrees to deliver to City upon the execution of'this agreement proof of a public liability and property damage insurance policy in a form and with policy limits satisfactory to City, assuring the indemnification and holding harmless of City against any and all claims for personal injury or property damages arising out of this agreement, with City named as an additional insured. Salvation Army shall keep proof of this policy in force during the term of this agreement. In the event that the premises are destroyed, partially or completely, by fire or other casualty, the proceeds of Salvation Army's insurance shall be available to rebuild the premises, provided that City shall not be obligated to rebuild the premises in such event. 7. Riaht of Entry. The City shall have unlimited right of entry for purposes of posting the premises "FOR SALE" or "FOR RENT to show the premises to prospective purchasers and tenants, to store and have access to City records, and for any other purpose that the City deems necessary. 8. Inspection. City reserves the right to inspect the premises to insure compliance with the terms of this agreement at reasonable times and upon reasonable notice to Salvation Army. 9. Assignment. Assignment of this agreement shall not be permitted without the written consent of the City. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their respective officers thereunto duly authorized and their corporate seals to be affixed in duplicate. CITY OF PORT ANGELES SALVATION ARM By James D. Hallett, Mayor ATTEST: Becky J. Upton, City Clerk AGMTSA By Ad* Title aftbs O* 90 R T g ivo G N CITY OF PORT ANGELES -r pt 4, 321 EAST FIFTH ST., P.O BOX 1150 PHONE (206) 457 -04 ORT ANGELES, WASHINGTON 98362 F DEPp December 22, 1992 S. William Jaynes, Jr. Lieutenant, Corps Commanding Officer The Salvation Army P. O. Box 778 206 South Peabody Port Angeles, WA 98362 Re: Agreement for Use of Premises 134 W. Front Street Dear Lieutenant Jaynes: Enclosed for your files is a fully executed copy of the agreement between the City of Port Angeles and The Salvation Army for the use of the premises at 134 W. Front Street through January 2, 1993. As always, the City wishes you well in your endeavor to help those in need. Please contact me if I can be of any assistance. Sincerely yours, Becky J. iipton City Clerk Enclosure S. 24% r AGREEMENT THIS AGREEMENT is made this day of November, 1992, by and between the CITY OF PORT ANGELES, a municipal corporation (here- after "City and the SALVATION ARMY, a non profit corporation (hereafter "Salvation Army FOR AND IN CONSIDERATION OF the mutual covenants and promises herein, it is agreed by the parties as follows: 1. Use of Premises. City agrees to allow Salvation Army to use that portion of the premises at 134 West Front Street in Port Angeles, Washington, which portion is commonly known as the old City Manager's and adjoining offices located in the northwcstern part of said premises, all as identified and approved by the City Manager or his designee, provided that Salvation Army's use of the premises shall be restricted to storing and dispensing clothing and miscellaneous items for indigent persons residing in and near Port Angeles, Washington, and necessary associated activities. 2. Term. Salvation Army's use of the premises shall be allowed to continue until January 2, 1993. 3. Use of Premises. Salvation Army shall use the premises to store and provide clothing and miscellaneous items for indigent persons who reside in and near Port Angeles, Washington, and necessary associated activities and purposes incidental to such operation and for no other purpose whatsoever without the written consent of City being obtained prior to commencement of the new use. 4. Repairs and Maintenance. Salvation Army represents that it has inspected and examined the premises, accepts them in their present condition, and agrees that City shall be required to make no major structural or mechanical repairs in or upon the premises or any part thereof. Salvation Army agrees to make any and all repairs at Salvation Army's,sole cost and expense, and agrees to keep said premises safe and in good order and condition at all times during the term thereof. Upon termination of this agreement, Salvation Army will quit and surrender possession of said premises quietly and peaceably and in as good order and condition as the same were at the commencement hereof, reasonable wear, tear and damage by the elements excepted. 5. Liability. Salvation Army shall indemnify, defend and hold City harmless from any loss or damage that may arise out of or in any way be connected with this agreement, the premises, or the use of the premises by Salvation Army or its agents or employees or officers, including personal injury or property damage. 1 6. Insurance. Salvation Army agrees to deliver to City upon the execution of this agreement proof of a public liability and property damage insurance policy in a form and with policy limits satisfactory to City, assuring the indemnification and holding harmless of City against any and all claims for personal injury or property damages arising out of this agreement, with City named as an additional insured. Salvation Army shall keep proof of this policy in force during the term of this agreement. In the event that the premises are destroyed, partially or completely, by fire or other casualty, the proceeds of Salvation Army's insurance shall be available to rebuild the premises, provided that City shall not be obligated to rebuild the premises in such event. 7. Riaht of Entry. The City shall have unlimited right of entry for purposes of posting the premises "FOR SALE" or "FOR RENT to show the premises to prospective purchasers and tenants, to store and have access to City records, and for any other purpose that the City deems necessary. 8. Inspection. City reserves the right to inspect the premises to insure compliance with the terms of this agreement at reasonable times and upon reasonable notice to Salvation Army. 9. Assianment. Assignment of this agreement shall not be permitted without the written consent of the City. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their respective officers thereunto duly authorized and their corporate seals to be affixed in duplicate. CITY OF P• ANGELES By /r /f.L -mil mes D. Hal ;ett, Mayor TEST: ti Becky U4ton, City Clerk AGMTSA o 2 THE SALVATION ARMY, A CALIFORNIA CORPORATION SALVATION ARMY Vice President INSURED: CERTIFICATE HOLDER: CITY OF PORT ANGELES 321 EAST FIFTH STREET PORT ANGELES, WA CERTIFICATE OF INSURANCE THE SALVATION ARMY A CALIFORNIA CORPORATION 30840 HAWTHORNE BOULEVARD RANCHO PALOS VERDES, CA 90274 INSURANCE COMPANY: TRANSAMERICA INSURANCE COMPANY POLICY NUMBER: COMMERCIAL GENERAL LIABILITY 2781668 POLICY TERM: OCTOBER 1, 1992 THROUGH OCTOBER 1, 1994 COVERAGE: COMMERCIAL GENERAL LIABILITY INCLUDING OPERATIONS, PRODUCTS, CONTRACTUAL, PROTECTIVE AND ELEVATORS LIMITS: 300,000 COMBINED SINGLE LIMIT PER OCCURRENCE AND $2,000,000 GENERAL AGGREGATE THIS COVERAGE IS SUBJECT TO ALL TERMS, CONDITIONS, PROVISIONS, EXCLUSIONS AND LIMITATIONS OF THE DESCRIBED POLICY, WHETHER SHOWN BY ENDORSEMENT OR OTHERWISE. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE IS ISSUED, THE INSURANCE AFFORDED BY THE POLICY LISTED IS SUBJECT TO ALL THE TERMS OF SAID POLICY. SHOULD THIS POLICY BE CANCELLED, ASSIGNED OR MATERIALLY CHANGED DURING THE EFFECTIVE PERIOD, THE COMPANY WILL MAIL THIRTY (30) DAYS ADVANCE NOTICE TO THE CERTIFICATE HOLDER. THE CERTIFICATE HOLDER, ITS EMPLOYEES, OFFICERS AND AGENTS, ARE INCLUDED AS ADDITIONAL INSUREDS UNDER THESE POLICIES AS RESPECTS LEGAL LIABILITY ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, BUT ONLY IF THE NAMED INSURED IS OBLIGATED UNDER CONTRACT OR WRITTEN AGREEMENT TO DO SO. AS RESPECTS TO SECURE USE OF A CERTAIN PORTION OF THE PREMISES KNOWN AS 134 WEST FRONT STREET FOR SALVATION ARMY CHRISTMAS ACTIVITIES COMMENCING: NOVEMBER 24, 1992 THROUGH JANUARY 2, 1993 DATE: 12/08/92 SIGNED: LOCATION CODE: 09 -080 1 11/1 SUSAN GOGGIN SEDGWICK JAMES OF CALIFORNIA INC. Founded 1865 October 27, 1992 City Council c/o Mr. Jeff Pomeranz P.O. Box 1150 Port Angeles WA 98362 Dear Council Members, Sincerely urs, jk S. William Jaynes, Jr. Lieutenant Corps Commanding Officer THE SAL VA TION ARMY PORT ANGELES CORPS COMMUNITY CENTER P O. BOX 778 /TELEPHONE 452- 7679/206 SOUTH PEABODY PORT ANGELES, WASHINGTON 98362 RE: BUILDING USAGE 134 W. FRONT (12/1/92 1/2/93) a/e In past years you have graciously arranged to allow The Salvation Army to utilize the building at the above address for our Christmas operation. Utilizing this building in years past we've managed to keep the Christmas operation running smoothly. This letter is written to request the use of that building once again. In the years past you have allowed us to utilize the building without charge with exception to the cost of utilities. This year we would like to arrange this with you once again if that is at all possible. Without your help this Christmas season we will be faced with the reality of having to close the soup kitchen for the month in order to facilitate the distribution of Christmas items for the needful. Without your help the Christmas season for The Salvation Army would be rather difficult indeed to handle properly for all the people of Port Angeles that need our help at this important time of year. Thank you for your consideration of this request. In God's service I am November 20, 1991 S. William Jaynes, Jr. Lieutenant, Corps Commanding Officer The Salvation Army P. O. Box 778 206 South Peabody Port Angeles, WA 98362 Re: Agreement for Use of Premises 134 W. Front Street Dear Lieutenant Jaynes: At is meeting of November 19, 1991, the Port Angeles City Council gave consideration to your request to use the City -owned premises at 134 W. Front Street. The Council wishes to be as helpful as possible and approved the request to use the building through January 2, 1992. As in the past, it is appropriate that an agreement be executed for the use of the premises. Attached are two (2) copies of the agreement which have been signed by the Mayor. Please sign both copies and return one (1) copy to this office at your earliest convenience. Please note the requirement that a Certificate of Insurance be provided. The City wishes you well in your endeavor. If I can be of any further assistance, please feel free to contact me. Sincerely yours, Becky J. ton City Clerk Attachments gi CITY OF PORT ANGELES 321 EAST FIFTH ST P O. BOX 1150 PORT ANGELES, WASHINGTON 98362 PHONE (206) 457 -0411 r AGREEMENT THIS AGREEMENT is made this 20th day of November, 1991, by and between the CITY OF PORT ANGELES, a municipal corporation (here- after "City and the SALVATION ARMY, a non profit corporation (here -after "Salvation Army FOR AND IN CONSIDERATION OF the mutual covenants and promises herein, it is agreed by the parties as follows: 1. Use of Premises. City agrees to allow Salvation Army to use that portion of the premises at 134 West Front Street in Port Angeles, Washington, which portion is commonly known as the old City Manager's and adjoining offices located in the northwestern part of said premises, all as identified and approved by the City Manager or his designee, provided that Salvation Army's use of the premises shall be restricted to storing and dispensing clothing and miscellaneous items for indigent persons residing in and near Port Angeles, Washington, and necessary associated activities. 2. Term. Salvation Army's use of the premises shall be allowed to continue until January 2, 1992. 3. Use of Premises. Salvation Army shall use the premises to store and provide clothing and miscellaneous items for indigent persons who reside in and near Port Angeles, Washington, and necessary associated activities and purposes incidental to such operation and for no other purpose whatsoever without the written consent of City being obtained prior to commencement of the new use. 4. Repairs and Maintenance. Salvation Army represents that it has inspected and examined the premises, accepts them in their present condition, and agrees that City shall be required to make no major structural or mechanical repairs in or upon the premises or any part thereof. Salvation Army agrees to make any and all repairs at Salvation Army's sole cost and expense, and agrees to keep said premises safe and in good order and condition at all times during the term thereof. Upon termination of this agreement, Salvation Army will quit and surrender possession of said premises quietly and peaceably and in as good order and condition as the same were at the commencement hereof, reasonable wear, tear and damage by the elements excepted. 5. Liability. Salvation Army shall indemnify, defend and hold City harmless from any loss or damage that may arise out of or in any way be connected with this agreement, the premises, or the use of the premises by Salvation Army or its agents or employees or officers, including personal injury or property damage. 1 6. Insurance. Salvation Army agrees to deliver to City upon the execution of this agreement proof of a public liability and property damage insurance policy in a form and with policy limits satisfactory to City, assuring the indemnification and holding harmless of City against any and all claims for personal injury or property damages arising out of this agreement, with City named as an additional insured. Salvation Army shall keep proof of this policy in force during the term of this agreement. In the event that the premises are destroyed, partially or completely, by fire or other casualty, the proceeds of Salvation Army's insurance shall be available to rebuild the premises, provided that City shall not be obligated to rebuild the premises in such event. 7. Right of Entry. The City shall have unlimited right of entry for purposes of posting the premises "FOR SALE" or "FOR RENT to show the premises to prospective purchasers and tenants, to store and have access to City records, and for any other purpose that the City deems necessary. 8. Inspection. City reserves the right to inspect the premises to insure compliance with the terms of this agreement at reasonable times and upon reasonable notice to Salvation Army. 9. Assignment. Assignment of this agreement shall not be permitted without the written consent of the City. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their respective officers thereunto duly authorized and their corporate seals to be affixed in duplicate. CITY OF PORT ANGELES By .7Qdjan K. Sarg t, Mayor ATTEST: Becky J 1 Upt4 n, City Clerk AGMTSA 2 SALVATION ARMY Tho Salvri•ion i,rrny, A Ca.iaornica Corporation By 3;kL t'ICE P "ESTE T Tit l,,�/L,_ THE SALVATION ARMY i'IORTMWEST ymsioN FINANCE COUNCIL Nn` Q ?91 A Approv ed Reviewed Signed hat Appr m atAr J tiP I YSUTRCD: CERTIFICATE HOLDER: CITY OF PORT ANGELES 321 EASF FIFTH fl STREET PORT ANGELES, WA INSURANCE COMPANY. POLICY NUMBER: POLICY TERM: COVERAGE: CERTIFICATE OF INSURANCE THE SALVATION ARMY CALIFORNIA CORPORATION 30040 HAWTHO RNE BOULEVARD RANCHO PALO S VERDES, CA 90274 INDUSTRIAL INDEMNITY Y COMMERCIAL GENERAL LIABILITY NH9025234 OCTOBER 1, 1991 THROUGH OCTOBER 1, 1993 COMMERCIAL GENERAL LIABILITY INCLUDING OPERATIONS, PRODUCTS, CONTRACTUAL, PROTECTIVE AND ELEVATORS LIMITS: 230,000 COMBINED JINGLE LIMIT PER OCCURRENCE AND `t2,000,000 GENERAL AGGREGATE THIS COVERAGE IS SUBJECT TO ALL TERMS, CONDITION`".,, PROVISIONS, EXCLUSIONS AND LIMITATIONS OF THE DESCRIBED POLICY, WHETHER SHOWN BY ENDORSEMENT OR OTHERWISE. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE IS ISSUED, THE INSURANCE Af rondo BY HE POLICY LISTED sr D IS `?SUBJECT TO ALL THE TERMS OF SAID POLICY. SHOULD THIS POLICY BE CANCELLED, ASSIGNED OR MATERIALLY CHANGED DURING THE EFT IVE PERIOD, THE COMPANY WILL MAIL THIRTY (30) DAYS ADVANCE NOTICE TO THE CERTIFICATE HOLDER. THE CERTIFICATE HOLDER, ITS OFFICERS AND AGENTS, ARE INCLUDED AS ADDITIONAL INSUREDS UNDER THESE POLICIES AS RESPECTS LEGAL LIABILITY ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, BUT ONLY IF THE NAMED INSURED IS OBLIGATED UNDER CONTRACT OR WRITTEN AGREEMENT TO DO SO. AS RESPECTS TO SECURE USE OF A CERTAIN PORTION OF THE PREMISES KNOWN AS 134 WEST FRONT STREET FOR SALVATION ARMY CHRISTMAS ACTIVITIES COMMENCING: DECEMBER 3, 1991 THROUGH JANUARY 2, 1992 DATE: 12/04/91 SIGNED: SUSAN COGGIN LOCATION CODE: 09 000 SEDGWICK JAMES OF CALIFORNIA INC. Founded 1865 November 14, 1991 City Council P.O. Box 1150 Port Angeles WA 98362 Dear Council Members, Sincerely your dk S. William Jaynes, Jr. Lieutenant Corps Commanding Officer THE SALVATION ARMY PORT ANGELES CORPS COMMUNITY CENTER P 0 BOX 778 /TELEPHONE 452.7679/206 SOUTH PEABODY PORT ANGELES, WASHINGTON 98362 RE: BUILDING USAGE 134 W. FRONT (12/1/91 1/2/92) In past years you have graciously arranged to allow The Salvation Army to utilize the building at the above address tor our Christmas operation. Utilizing this building in years past we've managed to keep the Christmas operation running smoothly. This letter is written to request the use of that building once again. In the years past you have allowed us to utilize the building without charge with exception to the cost of utilities. This year we would like to arrange this with you once again if that is at all possible. Without your help this Christmas season we will be faced with the reality of having to close the soup kitchen for the month in order to facilitate the distribution of Christmas items for the needful. Without your help the Christmas season for The Salvation Army would be rather difficult indeed to handle properly for all the people of Port Angeles that need our help at this important time of year. Thank you for your consideration of this request. In God's service I am v i AGREEMENT 1 5.248 THIS AGREEMENT is made this 20th day of November, 1990, by and between the CITY OF PORT ANGELES, a municipal corporation (here- after "City and the SALVATION ARMY, a non profit corporation (here -after "Salvation Army FOR AND IN CONSIDERATION OF the mutual covenants and promises herein, it is agreed by the parties as follows: 1. Use of Premises. City agrees to allow Salvation Army to use that portion of the premises at 134 West Front Street in Port Angeles, Washington, which portion is commonly known as the old City Manager's and adjoining offices located in the northwestern part of said premises, all as identified and approved by the City Manager or his designee, provided that Salvation Army's use of the premises shall be restricted to storing and dispensing clothing and miscellaneous items for indigent persons residing in and near Port Angeles, Washington, and necessary associated activities. 2. Term. Salvation Army's use of the premises shall be allowed to continue until December 29, 1990. 3. Use of Premises. Salvation Army shall use the premises to store and provide clothing and miscellaneous items for indigent persons who reside in and near Port Angeles, Washington, and necessary associated activities and purposes incidental to such operation and for no other purpose whatsoever without the written consent of City being obtained prior to commencement of the new use. 4. Repairs and Maintenance. Salvation Army represents that it has inspected and examined the premises, accepts them in their present condition, and agrees that City shall be required to make no major structural or mechanical repairs in or upon the premises or any part thereof. Salvation Army agrees to make any and all repairs at Salvation Army's sole cost and expense, and agrees to keep said premises safe and in good order and condition at all times during the term thereof. Upon termination of this agreement, Salvation Army will quit and surrender possession of said premises quietly and peaceably and in as good order and condition as the same were at the commencement hereof, reasonable wear, tear and damage by the elements excepted. 5. Liability. Salvation Army shall indemnify, defend and hold City harmless from any loss or damage that may arise out of or in any way be connected with this agreement, the premises, or the use of the premises by Salvation Army or its agents or employees or officers, including personal injury or property damage. 6. Insurance. Salvation Army agrees to deliver to City upon the execution of this agreement proof of a public liability and property damage insurance policy in a form and with policy limits satisfactory to City, assuring the indemnification and holding harmless of City against any and all claims for personal injury or property damages arising out of this agreement, with City named as an additional insured. Salvation Army shall keep proof of this policy in force during the term of this agreement. In the event that the premises are destroyed, partially or completely, by fire or other casualty, the proceeds of Salvation Army's insurance shall be available to rebuild the premises, provided that City shall not be obligated to rebuild the premises in such event. 7. Riaht of Entry. The City shall have unlimited right of entry for purposes of posting the premises "FOR SALE" or "FOR RENT to show the premises to prospective purchasers and tenants, to store and have access to City records, and for any other purpose that the City deems necessary. 8. Inspection. City reserves the right to inspect the premises to insure compliance with the terms of this agreement at reasonable times and upon reasonable notice to Salvation Army. 9. Assignment. Assignment of this agreement shall not be permitted without the written consent of the City. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their respective officers thereunto duly authorized and their corporate seals to be affixed in duplicate. CITY OF PORT ANGELES at. v 4 X n K. Sargent Mayor ATTEST: Becky J Up€ n, Ci y Clerk AGMT.SA THE SALVATION ARMY, A California Corporation By Title Vice -Prpsi deaf Attest Title Secretary 2 INSURED: CERTIFICATE HOLDER: CITY OF PORT ANGELES P. O. BOX 1150 321 EAST 5TH PORT ANGELES, WA 98362 CERTIFICATE OF INSURANCE THE SALVATION ARMY A CALIFORNIA CORPORATION 30840 HAWTHORNS BOULEVARD RANCHO PALOS VERDES, CA 90274 INSURANCE COMPANY: INDUSTRIAL INDEMNITY POLICY NUMBER: COMMERCIAL GENERAL LIA.BIL ITY NH902/1780 POLICY TERM: OCTOBER 1, 1990 THROUGH OCTOBER 1, 1993 COVERAGE: COMMERCIAL GENERAL LIABILITY INCLUDING OPERATIONS, PRODUCTS, CONTRACTUAL, PROTECTIVE AND ELEVATORS LIMITS: 250,000 COMBINED SINGLE LIMIT PER OCCURRENCE AND $2,000,000 GENERAL AGGREGATE THIS COVERAGE IS SUBJECT TO ALL TERMS, CONDITIONS, PROVISIONS, EXCLUSIONS AND LIMITATIONS OF THE DESCRIBED POLICY, WHETHER SHOWN BY ENDORSEMENT OR OTHERWISE. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE IS ISSUED, THE INSURANCE AFFORDED BY THE POLICY LISTED IS SUBJECT TO ALL THE TERMS OF SAID POLICY. SHOULD THIS POLICY BE CANCELLED, ASSIGNED OR MATERIALLY CHANGED (DURING THE EFFECTIVE PERIOD, THE COMPANY WILL MAIL THIRTY (30) DAYS ADVANCE NOTICE TO THE CERTIFICATE HOLDER. THE CERTIFICATE HOLDER, ITS OFFICERS AND AGENTS, ARE INCLUDED AS ADDITIONAL INSUREDS UNDER THESE POLICIES AS RESPECTS LEGAL LIABILITY ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, BUT ONLY IF THE NAMED INSURED IS OBLIGATED UNDER CONTRACT OR WRITTEN AGREEMENT TO DO SO. AS RESPECTS TO SECURE USE OF A CERTAIN PORTION OF THE PREMISES KNO',1N AS THE OLD CITY MANAGER'S OFFICE LOCATED AT 134 WEST FRONT STREET TO DISTRIBUTE AND STORE CLOTHING AND MISCELLANEOUS ITEMS TO INDIGENT PERSONS RESIDING IN AND NEAR PORT ANGELES COMMENCING: NOVEMBER 20, 1990 THROUGH DECEMBER 29, 1990 DATE:,_ SIGNED: SUSAN GOGG I LOCATION CODE: 09 -080 SEDGWICK JAMES OF CALIFORNIA INC. SEDGWICK JAMES OF CALIFORNIA, INC. P.O. BOX 7603, SAN FRANCISCO, CA 94120 (415) 433 -1440 Telex 820236 CERTIFICATE HOLDER: CITY OF PORT ANGELES P. O. BOX 1150 321 EAST 5TH PORT ANGELES, WA 98362 J A. M E S INSURED: COVERAGE: COMPANY: POLICY t: LIMITS: TERM: CERTIFICATE OF INSURANCE THIS IS TO CERTIFY THE EXISTENCE OF THE BELOW DESCRIBED INSURANCE WITH THE COMPANY INDICATED. IT IS THE INTENTION OF THE COMPANY, IN THE EVENT OF CANCELLATION TEN (10) DAYS NOTICE WILL BE MAILED TO THE PARTY TO WHOM THIS CERTIFICATE IS ADDRESSED. THE SALVATION ARMY A CALIFORNIA CORPORATION 30840 HAWTHORNS BOULEVARD RANCHO PALOS VERDES, CA 90274 AS RESPECTS TO SECURE USE OF A CERTAIN PORTION OF, THE PREMISES KNOWN AS THE OLD CITY MANAGER'S OFFICE LOCATED AT 134 WEST FRONT STREET TO DISTRIBUTE AND STORE CLOTHING AND MISCELLANEOUS ITEMS TO INDIGENT PERSONS RESIDING IN AND NEAR PORT ANGELES ALL RISK PROPERTY INSURANCE REPLACEMENT COST BASIS AETNA CASUALTY SURETY COMPANY 05 MO 15626 SCA $5,000,000 PER OCCURRENCE OCTOBER 1, 1990 to OCTOBER 1, 1991 NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE IS ISSUED, THE INSURANCE AFFORDED BY THE POLICY LISTED ON THIS CERTIFICATE IS SUBJECT TO THE TERMS OF SUCH POLICY. REMARKS: CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED: YES THIS CERTIFICATE OF INSURANCE NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, ALTERS OR EXTENDS THE COVERAGE AFFORDED BY THE POLICY DESr2IBED ABOVE. 4 DATE: 12/03/90 SUSAN GOGGIN LOCATION CODE: 09 -080 SEDGWICK JAMES OF CALIFORNIA, INC.