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Jeffcom’s Governing Agreement INTERLOCAL AGREEMENT REGARDING EMERGENCY DISPATCHING, COMMUNICATIONS AND OTHER SERVICES WHEREAS, Jefferson County and Recipient(s) are empowered to provide emergency communications services to the citizens within their respective jurisdictions and may, therefore, pursuant to RCW 39.34.080, enter into an Interlocal Agreement with one another and with other public agencies to perform such services; and, WHEREAS, Jefferson County, a Washington State municipal Corporation hereinafter called “County”, has an emergency communications dispatch center and systems capable of providing emergency communications services to law enforcement agencies, fire departments, fire districts and emergency medical services providers within Jefferson County; and, WHEREAS, County and the parties to this agreement believe emergency dispatch and communications services as well as other services would be best served by being managed through a “Jeffcom Administrative Board”; and, WHEREAS, ______________________________, (hereinafter called Recipient) desires to obtain emergency dispatch and emergency communications services from County; and, WHEREAS, the parties hereto recognize that it is in the best interests of the citizens within their respective jurisdictions and in the furtherance of the health, safety and welfare of the citizens to have a unified emergency dispatch and communications system having the advantage of economies of scale; and, WHEREAS, the governing body of each party has resolved, agreed, or ordained that this Interlocal Agreement may be entered into; NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is hereby agreed as follows: I) DEFINITIONS AND FUNCTIONS Jeffcom: The name of the Jefferson County Department to be administered by this agreement. Jeffcom Administrative Board: There shall be a Jeffcom Administrative Board, (hereinafter called the “Board”), composed of five (5) persons as follows: 1. Either a Jefferson County Commissioner or the Jefferson County Administrator. 2. The Sheriff of Jefferson County. 3. Either a Council member, the City Manager or a Public Safety Department Head from the City of Port Townsend. 4. A representative of the Jefferson County Fire Commissioner’s Association. 5. A representative of the Jefferson County Fire Chief’s Association. Additional conditions for Jeffcom Administrative Board members are as follows:
The Jefferson County Commissioner or Administrator shall be the permanent chairperson of the Jeffcom Administrative Board. The representatives from the Jefferson County Fire Commissioner’s and Fire Chief’s Associations shall serve concurrent two year terms. If one Association’s representative is from a North County fire jurisdiction, defined as the Port Townsend Fire Department and Fire Districts One, Three and Six, then the other Association’s representative shall be from a South County fire jurisdiction, defined as Jefferson County Fire Districts Two, Four and Five. For the initial Board member selections by the fire Associations, the Jefferson County Fire Chief’s Association shall select its Board member, and then the Jefferson County Fire Commissioner’s Association shall select its Board member. For the next and each subsequent two year term, the two Associations shall alternate which Association selects its Board member first. Each Association shall also alternate between a North County and a South County representative for each two-year term of service. Annually, there shall be at least one Board meeting to which the department heads and at least one elected official from each of Jeffcom’s Recipients are invited. All decisions made by the Board shall be made by consensus unless the decision involves one of the following exceptions. For said exceptions, Board decisions may be made either by consensus, by a four to one vote, or by a three to one vote if a Board member is absent, in favor of a motion or action: Decisions involving the budget. Any revision to the method of determining Recipient’s allocable portion of user fees. Decisions regarding the hiring or termination of Jeffcom’s Director. Each jurisdiction, agency or group represented by a Board member, as provided above, shall designate an alternate for its Board member. The names of the Board member and alternate shall be sent to County in writing, and shall be updated in writing by each board, council, commission, association, jurisdiction or group whenever the designees are changed. Alternate Board members shall have full power to vote and act as a Board member at all such meetings that such alternate attends in lieu of the regularly designated Board member. Alternate Board members must be a member of the same board, council, commission, association, jurisdiction or group as the primary member A quorum for the Board shall consist of any three (3) members. The Chairperson of the Board shall vote on all issues unless abstaining. The Board shall meet at least monthly, or so often as necessary, to conduct its business. Annually, at the last meeting of the calendar year, the Board shall elect one of its members as vice chairperson to serve in the absence of the chairperson. The Board shall appoint a secretary who shall keep good and sufficient minutes of its meetings. The Board shall set policy, evaluate and adjudicate matters including but not limited to: The annual Jeffcom capital and operations budget, funding, cost share distribution, the Jeffcom Enhanced 911 Tax Fund and the accumulated Jeffcom Capital Reserve Fund. The approval authority for payment of all Jeffcom bills, vouchers and payroll. Overall governing authority of the emergency dispatch and communications system and related programs. Implementation of new programs and discontinuance of existing programs.
Staffing levels, training standards and personnel issues. Supervision, negotiation and approval of all union contracts and/or labor agreements and amendments to same. Evaluation of technical system replacements or upgrades. Appeals for the resolution of matters affecting Jeffcom operations, personnel or user agency requirements. Employment and termination of the Director of and supervision and evaluation of the Director Approval of contracts and agreements that effect or concern Any other matter of major policy level importance The Board may provide emergency communications services to other agencies. Said agencies, if approved, shall enter into an Interlocal Agreement substantially similar to this agreement, or execute a services contract with Jeffcom..
Allocable proportion: The amount of money chargeable to Recipient as its share of capital costs and maintenance and operational expenses for the emergency communications system. The allocable proportion is determined by the formula in Appendix A, which by this reference is hereby incorporated into and made a part of this agreement.
Jeffcom’s Director: The Board shall appoint a Director who shall serve under the general personnel policy guidelines of County. The Board will establish policy for the overall direction of Jeffcom through the advice and leadership of the Jeffcom Director. The Jeffcom Director shall be responsible for: The maintenance and operation of the emergency communications and telephone systems. Hiring, firing, disciplinary actions, and other personnel matters concerning Jeffcom’s staff. The accomplishment of directives from the Board. The Director shall attend the meetings of, make regular reports to, and act upon recommendations received from the Board. Chargeable Unit of Use: A chargeable unit of use (C.U.U.) is based on the receipt and broadcast of information generating an event and/or a teletype message. Such events may also be called or known as a “radio log” or a “call comment”. Call for Service: A call for service (C.F.S.) is any event or incident resulting in a dispatched call, including field unit initiated activity, including traffic stops by law enforcement officers. Enhanced 9-1-1 Revenue: A source of revenue generated by a telephone tax on a telephone system switched access line or a wireless access line. County shall dedicate all of said revenue to the maintenance, operation or improvement of eligible items in the Enhanced 9-1-1 system as specified by Washington State E911 Program Office polices. Other Agencies: Any agency or jurisdiction which is not a party to this agreement. Other Revenue Sources: Monies received by Jeffcom directly as a consequence of providing, pursuant to and with Jeffcom board approval, services concomitant to its emergency dispatch and communications system. Provided, that “other revenue sources” shall not include the allocable proportion of Recipient or any other entity which has entered into an Interlocal Agreement with Jeffcom substantially similar to this one. Criminal Justice Data Communications System – ACCESS: Jeffcom is connected to the Washington State Patrol ACCESS system for criminal history information. Because the Advisory Council on Criminal Justice Services and the Washington State Patrol have requested that all participating communications centers, such as Jeffcom, which are terminal users of the Washington State Patrol Law Enforcement Data Communications Systems have certain provisions in their regulations and enabling Interlocal Agreements concerning responsibility for such communication, the following is specifically agreed to: Jeffcom, under the guidance of the Sheriff of Jefferson County and the Police Chief of the City of Port Townsend, shall bear full responsibility for insuring that the law enforcement data communications network and any Criminal History Records Information received by means of such network shall be used solely for the purposes of the due administration of the criminal laws or for the purposes enumerated in RCW 43.43.760(3) and Chapter 314, Laws of 1977, First Ex. Sess., as now hereafter amended. Jeffcom shall establish rules and regulations governing access to, security for, and operation of the data communications network for any Criminal Justice Records Information received by means of such network.
II) DUTY OF COUNTY County, through the Board, shall equip, operate, staff and maintain facilities and accessories (i.e., inventory, equipment, and appurtenances) necessary and proper to provide emergency dispatch and communications services to Recipient and other member law enforcement agencies, fire departments, and fire districts within Jefferson County to the best of its abilities after considering available technology, geography and funding limitations. County, through the Board, shall provide to Recipient emergency dispatch and communications services as follows: (1) receive calls for emergency and other assistance; (2) dispatch emergency units and provide necessary information thereto; (3) maintain ready access to information concerning warrants, wants, and stolen vehicles, receive input necessary thereto, and dispatch such information upon request; (4) send, receive, and advise of all appropriate teletype messages; (5) maintain (or route to Recipient) all appropriate records and data regarding emergency communications of Recipient; and (6) do other things and provide other services necessary and proper for the efficient operation of an emergency communications system. County shall function as an umbrella organization for all employees of Jeffcom, who shall comply with all personnel and human resource guidelines of County, and shall be considered County employees. All Jeffcom staff members are considered civilians, and do not fall under the jurisdiction of the Jefferson County Civil Service Commission.
III) PAYMENTS For emergency communications services for each calendar year subsequent to the date of this agreement, Recipient agrees to pay to County its allocable proportion in equal quarterly installments. The allocable proportion for each calendar year due from Recipient is computed as described in Appendix A. Other agencies may be billed for Jeffcom services at a rate as determined by the Board.
IV) UNITS OF USE The Board, through the Jeffcom Director, shall maintain complete and accurate records regarding the number of each party’s C.F.S.’s and C.U.U.’s. If figures regarding C. F. S.’s and C.U.U.’s for an entire year are unavailable for either Recipient or the entire emergency communications system, then the Board may extrapolate the available figures in order to determine either the yearly C. F. S.’s and C.U.U.’s attributable to Recipient or the yearly C. F. S.’s and C.U.U.’s of the entire emergency communications system. If data is not available concerning the C. F. S.’s and C.U.U.’s which are or will be attributable to Recipient, the Board shall estimate the C. F. S.’s and C.U.U.’s,. Further, the Board, shall, through the Jeffcom Director, advise non-recipient agencies, in writing, of charges for use.
V) BUDGET Annually, the Jeffcom Administrative Board and Director shall develop a budget which will meet the anticipated maintenance and operations expenses of the emergency dispatch and communications system, facilities and accessories for the coming calendar year. The Board shall instruct the Director to submit copies of the Jeffcom preliminary budget to all parties to this agreement for review and comment no later than July 31st of each calendar year, and the Board shall give due consideration to all comments submitted by member agencies. The Board shall adopt a final budget no later than the first meeting in September for the following calendar year. Once the budget is approved by the Board, it shall be considered adopted, and forwarded to County as such. No increase, decrease, or change to the final budget shall occur without the approval of the Board. In conjunction with the development of the annual budget, the Board will prepare a methodology, based on the formula in Appendix A, for the distribution of Jeffcom’s operating costs to the parties to this agreement and to other agencies Jeffcom is providing service to under contract. Said costs will be distributed proportionally among Jeffcom’s users as determined by each user’s actual usage of Jeffcom services as evidenced by the number of C. U. U.’s and/or C. F. S.’s generated by each member agency. Each year a total count shall be made to determine the number of C.U.U.’s and C. F. S.’s each participating agency generated between July 1st of the year previous to the year in which the budget is being formulated and June 30th of the year in which the budget is being formulated. Jeffcom shall maintain a cash reserve equal to ten percent (10%) of its total operations budget. Should the operational revenue for a calendar year or portion thereof prove insufficient to cover actual expenses, the Director shall submit the budget shortfall to the Board. Should the Board increase the budget, the Board shall first draw on any available outside revenue, and if none is available, Jeffcom’s cash reserves shall be used to cover the shortfall. Should Jeffcom cash reserves be insufficient to meet the shortfall, County shall provide the necessary cash to meet the shortfall. If Jeffcom’s cash reserves are depleted below the minimum level and/or if County cash reserves are used by Jeffcom, said reserves shall be replenished as part of the next annual Jeffcom budget. Should the revenue for a calendar year or portion thereof be greater than actual expenditures the Board shall determine the disposition thereof on a fair and equitable basis. Jeffcom may accept gifts, grants, or loans of money, equipment, or services from any lawful source. Jeffcom shall also cooperate in all ways with local, state, and federal government agencies and any private funding sources to maximize the use of grants or gifts for equipment and operations. The Jeffcom Director shall provide periodic budgetary status reports to the Board. In 1994 a tax on telephone switched access lines in Jefferson County was passed to provide county-wide Enhanced 9-1-1 service, and in 2002, if a tax on wireless (cellular) access lines is passed to assist County with offsetting the operational costs of providing 911 service to callers with wireless phones, the money collected from all telecommunications, wireless and cellular phone company taxes shall be sent directly to the Jefferson County Treasurer’s office for deposit. Each year the Director shall project a budget of the anticipated amount of money that will be received. This budget, along with a plan for system and/or capital upgrades, shall be presented to the Board. All Jeffcom monies, grants, tax receipts and interest earned shall remain in funds that are separate from County’s other funds and be available for future use as determined by the Board.
VI) TECHNICAL ADVISORY COMMITTEES: Three technical advisory committees to the Board shall be formed, one for Police Services, one for Fire Services and one for Technical issues. Police Technical Advisory Committee. The Police Technical Advisory Committee shall be comprised of the Jefferson County Sheriff and the Chief of Police of Port Townsend. Each committee member shall designate an alternate member from his/her agency who shall attend the Technical Advisory Committee meeting at such times the duly designated committee member is not otherwise available to attend the meeting. The alternate committee member shall have full powers to vote and act as a Technical Advisory Committee member at all meetings the alternate committee member attends in lieu of the regularly designated committee member. Only agencies served by Jeffcom may be members of the Police Technical Advisory Committee. Fire Technical Advisory Committee. The Fire Technical Advisory Committee shall be comprised of the Fire Chiefs from each fire service jurisdiction served by Jeffcom. Each committee member shall designate an alternate member from his/her agency who shall attend the Fire Technical Advisory Committee meeting at such times the duly designated committee member is not otherwise available to attend the meeting. The alternate committee member shall have full powers to vote and act as a Committee member at all meetings the alternate committee member attends in lieu of the regularly designated committee member. Only agencies served by Jeffcom may be members of the Fire Technical Advisory Committee. Technical System Advisory Committee. The members of the Technical System Advisory Committee shall be comprised of members who have a special interest or expertise in the technical aspects of communications. The Chairperson and the members of the Committee shall be appointed by the Board. Each Technical Advisory Committee, with the Director’s consent, shall have the authority to initiate operational changes. All revisions to operational procedures are subject to review by the Board, as are any decisions impacting administrative policies or the budget. Technical Advisory Committees shall be standing committees and shall meet at such time as the committees shall determine. Each committee shall select a Chairperson who shall conduct the meeting and assume other functions as the committees shall determine. The Chairperson of each Technical Advisory Committee shall also advise the Board at its regularly scheduled meetings of the needs of the operating departments served by Jeffcom. The Director or his/her designee will serve as secretary to the Technical Committees. VII) MODIFICATIONS This agreement may only be modified by consensus action of the Board with the exception of article X, Term. VIII) EQUIPMENT Jeffcom shall own and maintain all equipment and assets previously obtained or purchased by County for the purposes of establishing and maintaining operations. This includes all office furniture as well as office, radio, data, telephone and computer equipment, etc. Jeffcom shall own all future equipment acquired for expansion of operations including any remote radio equipment deemed necessary to serve Recipients. Jeffcom Recipients shall be individually responsible for the provision of equipment for communicating with Jeffcom or between their personnel. Each Recipient shall retain the responsibility and authority for its operational departments and for such equipment and services as required at its place of operations to connect to Jeffcom’s operations. Interconnecting equipment may or may not be included in Jeffcom’s budget, as the Board shall determine. Each Recipient shall be responsible for purchasing, maintaining, and repairing their own base, mobile, and portable communications equipment including pagers and computers. IX) ADMISSION OF NEW PARTIES: Public safety entities that are not Recipients under this agreement may be added to this agreement as Recipients upon meeting any terms and conditions as determined by the Board. X) TERM This Interlocal Agreement shall be in full force and effect upon execution by County and a majority of Recipients, who are the City of Port Townsend and Jefferson County Fire Protection Districts 1, 2, 3, 4, 5 and 6. This agreement shall terminate on December 31, 2004, unless County and a majority of Recipients agree in writing to extend this agreement past the termination date. XI) DURATION AND TERMINATION Except as otherwise specifically provided herein, any party to this agreement may withdraw from this Agreement upon at least one (1) year's written notice to the Board. Said termination notice must be received by December 31st of the year prior to termination to be effective on December 31st of the following year. All equipment purchased or acquired by Jeffcom and used in common for Jeffcom purposes shall be retained by Jeffcom upon the withdrawal of any party to this agreement. Provided, however, if this agreement is terminated and Jeffcom is dissolved, then disposition of those assets or proceeds of those assets shall be on a prorated basis determined by percentage of contribution toward acquisition, upkeep, modification, and other direct costs incurred and memorialized in a dissolution agreement. FCC licenses held by Jeffcom shall be transferred to the former member agencies which held the license prior to this Agreement. XII) MERGER This interlocal agreement, including Appendix A merges and supersedes all prior negotiations, representations and oral or written agreements between the parties hereto relating to subject matter hereof and constitutes the entire interlocal agreement between the parties. XIII) SEVERABILITY If any provision of this Agreement or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Agreement, which can be given effect without the invalid provision or application, and to this end the provisions of the Agreement are declared to be severable. XIV) FILING As provided by RCW 39.34.040, this agreement shall be filed prior to its entry in force with various entities as required by law. XV) EXECUTION OF AGREEMENT Each party to this agreement may bind itself with all other parties to this agreement by signing a duplicate original of this agreement and submitting such signed duplicate original to County. It is understood that such execution shall not require that one original agreement be signed by all parties to this agreement, but that there will be several duplicate originals signed by each party to this agreement. The purpose of this provision is to facilitate the signing of the agreement and to avoid undue delay in the execution of the agreement. This agreement, however, shall be executed on behalf of each member by its authorized representative and pursuant to the appropriate motion, resolution or ordinance of each local government or other entity as the case may be. Each party to this agreement shall be bound to it as of the date it is signed by that member. XVI) INDEMNITY AGREEMENT Each Recipient agrees to defend, indemnify and to hold harmless the County and Jeffcom, and other Recipients, from all claims, loss or damage, including costs and reasonable attorney fees, resulting from the Recipient’s sole negligence and from actions or omissions that are solely attributable to any employee, official, or agent of the Recipient, including but not limited to the loss or damage of any nature arising from provision of law enforcement, fire, or emergency medical services. In addition to and notwithstanding the foregoing, the County is solely responsible for any liability or claim of liability which arises out of the exercise or alleged exercise of authority by any employees or staff members, including the director, of Jeffcom, and shall defend, indemnify and hold harmless the Recipients from all claims, loss or damage, including costs and reasonable attorney fees, sustained by any person or property resulting from the acts or omissions of Jeffcom, its employees, officers, agents, or volunteers, in connection with the performance of this Agreement. XVII) NO PARTNERSHIP It is understood and agreed by the parties that nothing within this Agreement shall be construed as creating or constituting a partnership between the parties. XVIII) BENEFITS. This Agreement is entered into for the benefit of the parties to this Agreement only and shall confer no benefits, direct or implied, on any third persons or entities. XIX) EFFECTIVE DATE This Interlocal Agreement shall be effective as of the date of the signature of the parties attached hereto. (Signature Blocks Omitted) APPENDIX A The allocable proportion shall be computed as follows: After formulating the budget for Jeffcom, all outside revenue from taxes, grants, contracts for service and other sources shall be deducted from the total. The resulting balance shall be distributed proportionally among Jeffcom’s members as determined by each member’s actual usage of Jeffcom services as evidenced by the number of Calls for Service (C.F.S.) generated by each member agency. Each year a total count shall be made to determine the number of C.F.S.’s each participating agency generated between July 1st of the year previous to the year in which the budget is being formulated and June 30th of the year in which the budget is being formulated for calculating the allocable proportion for each member for the following calendar year
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For police, fire or
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JEFFCOM911.ORG |
81 Elkins Road
Port Hadlock, WA 98339
Business
Phone:
360.385.3831 x1
Fax:
360.385.9357