HomeMy WebLinkAboutBenton Franklin Emergency Communication Systems INTERLOCAL AGREEMENT
(MATRICS)
This agreement is entered into by and between Benton County and Franklin County, each
being political subdivisions of the State of Washington, and the cities of Kennewick, Pasco and
Richland, each being municipal corporations of the State of Washington, all hereinafter referred
to as "Jurisdictions," for the purpose of working toward a regionalization of the emergency
communications system (ECS) within Benton and Franklin Counties, on this ,g) day of
414,411_, 2013.
WHEREAS, the Emergency Communication Systems in Benton and Franklin Counties
were recently studied by a consultant (E-Gov) and the E-Gov report recommends regionalization
of the two existing systems under a single form of governance and operation, citing improved
emergency response to citizens, improved safety and effectiveness for emergency responders,
and reduced overall public costs for taxpayers; and
WHEREAS, Benton and Franklin Counties, on behalf of all citizens of the two counties,
desire to realize the benefits of regionalization and have obtained a $100,000 grant from the state
of Washington to employ professional and experienced assistance to design an appropriate
implementation plan to regionalize the emergency communication system within the two
counties; and
WHEREAS, Benton County, Franklin County, and the cities of Kennewick, Pasco and
Richland collectively represent 90% of the emergency communication system use, and its
financial support, and will require direct involvement in the design and implementation of a plan
to ensure reduced overall public costs for taxpayers as well as the most effective transition for
citizens and responders alike; and
WHEREAS, the Interlocal Cooperation Act, RCW Chapter 39.34, authorizes municipal
corporations to make the most efficient use of their powers by enabling them to cooperate with
each other on the basis of mutual benefit through the execution of interlocal cooperation
agreements; NOW THEREFORE
Section 1. Purpose. The purpose of this joint effort is to use qualified contract personnel
to assist in the design of a plan of a regionalized emergency communication (E-911) system
throughout Benton and Franklin Counties, consisting of a single governance and operational
structure, as generally outlined but not strictly constrained by the recommendations in the E-Gov
study at the soonest time practicable.
Section 2. Steering Committee. To provide direction in the design of the plan, there
shall be a Steering Committee consisting of one representative from each of the jurisdictions
participating in this agreement. Such representation shall be fulfilled by the Chief
Administrative Officer or equivalent designated in writing by the respective jurisdiction
Jurisdictional cooperation and good faith are essential to creating an effective, broadly supported
regional emergency communication system. Therefore, reasonable effort will be made to ensure
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the concerns of individual jurisdictions are fully addressed. Accordingly, the Steering
Committee will endeavor to make its decisions by consensus; provided, however, where
consensus is not achievable, the decision shall be made by supermajority (four) of the full
membership of the Steering Committee.
Section 3. Advisory Committee. There shall exist an Advisory Committee of the
following composition: the Police Chief from each participating city; the Fire Chief from each
participating city; the Sheriff from each participating county; and one additional representative
nominated by the fire districts within and appointed by each participating county. The Advisory
Committee shall advise the Steering Committee on all matters referred to the Advisory
Committee, including the design, cost allocations, technical considerations and resources
required to implement the plan.
Section 4. State Grant. The cost of contract personnel to design and facilitate a plan of
the regionalization shall be allocated to the $100,000 grant from Washington State (copy
attached). All expenditures shall require prior authorization by the Steering Committee. If any
monies are unspent from the planning process, then those unspent monies shall be used to
implement the plan of regionalization of the ECS.
Section 5. Administrative Support. Administration of the state grant and all contracts
necessary to fulfill the purpose of this agreement and approved by the Steering Committee will
be administered by Franklin County. As resources allow, the City of Richland will provide
administrative support to the Steering and Advisory committees, so as to ensure timely meetings,
appropriate meeting space, and associated clerical and record services.
Section 6. Objectives/Criteria.
A. The Steering Committee shall endeavor to accomplish a regionalization plan of the
current E-911 system by September 30, 2013. In particular the following plan
milestones are hereby prescribed:
a. Cost-benefit analysis, including value of existing system infrastructure,by July
2013.
b. Interlocal agreement for regional communication system,by July 2013.
c. Once the regionalization agreement is ratified by the Jurisdictions the following
objectives will be completed as close to the respective timeline as is practicable:
1. Bi-County PSAP (Public Safety Answering Point) operational by December
2013.
2. Complete migration to a regional system by December 31, 2014
B. In designing the interlocal agreement for regionalization of the emergency
communication system and the implementation plan, the committees shall utilize
existing work products and give full consideration to the following criteria:
a. Operational effectiveness
b. Cost effectiveness
c. Sustainability and reliability of communication systems
Section 7. Indemnification. Each Party shall defend, indemnify and hold the other
Parties, their officers, officials, employees and volunteers harmless from any and all claims,
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injuries, damages, losses or suits, including attorney fees, resulting from or arising out of
negligent acts or omissions relating to or in connection with the performance of this Agreement.
Section 8. Actions Contesting Agreement. Each party shall appear and defend any
action or legal proceeding brought to determine or contest: (i) the validity of this Agreement
and/or (ii) the legal authority of any party to undertake the activities contemplated by this
Agreement. If all parties to this Agreement are not named as parties to the action, the party
named shall give the other parties prompt notice of the action and provide the others an
opportunity to intervene. Each party shall bear any costs and expenses taxed by the court against
it; any costs and expenses assessed by a court against all member jurisdictions jointly shall be
shared equally.
Section 9. Notice. Any notice or other communication given hereunder shall be deemed
sufficient, if in writing and delivered personally to the addressee, or sent by certified or
registered mail, return receipt requested, addressed as follows, or to such other address as may be
designated by the addressee by written notice to the other party:
To Benton County: To Franklin County:
Board of Commissioners Board of Commissioners
Benton County Franklin County
P.O. Box 190 1016 N. 4th Avenue
Prosser, WA 99352 Pasco, WA 99301
To Kennewick: To Pasco: To Richland:
City Manager City Manager City Manager
City of Kennewick City of Pasco City of Richland
PO Box 6108 525 North 3rd Avenue P.O. Box 190
Kennewick, WA 99336 Pasco, WA 99301 Richland, WA 99352
Section 10. Severability. Whenever possible, each provision of this Agreement shall be
interpreted in such a manner as to be effective and valid under applicable law. Any provision of
this Agreement which shall prove to be invalid, void or illegal shall in no way affect, impair, or
invalidate any other provisions hereof, and such other provisions shall remain in full force and
effect. Notwithstanding the foregoing, this Agreement shall be subject to re-negotiation as
provided in this Agreement.
Section 11. Entire Agreement. This Agreement contains the entire understanding
between the parties and supersedes any prior understandings and agreements between them
regarding the subject matter hereof. There are no other representations, agreements, or
understandings, oral or written, between the parties hereto relating to the subject matter of this
Agreement. No amendment of, or supplement to, this Agreement shall be valid or effective
unless made in writing and executed by the parties hereto.
Section 12. Dispute Resolution: Should any dispute arise concerning the interpretation,
enforcement, breach or default of this Agreement, the parties shall first meet in good faith and
attempt to resolve or mediate the dispute. In the event it remains unresolved by mediation, the
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dispute shall be resolved by final and binding arbitration pursuant to RCW 7.04A, the Mandatory
Rules of Arbitration, but with no right of appeal. The arbitration shall be conducted by a single
arbitrator selected by mutual agreement of the parties or, failing such agreement, the arbitrator
shall be selected by the then presiding judge of the Franklin County Superior Court. Venue for
such arbitration shall be placed in Franklin County, Washington, and the prevailing party shall be
awarded its attorney fees and costs as additional judgment against the other.
Section 13. Captions. The section and paragraph captions used in this Agreement are for
convenience only and shall not control or affect the meaning or construction of any of the
provisions of this Agreement.
Section 14. Duration and Termination. The terms of this Agreement shall be for a
period of two (2) years. The Agreement shall take effect on April 1, 2013 or as soon thereafter
as all of the following events have occurred:
A. Approval of the Agreement by the official action of the governing bodies of each of
the parties hereto.
B. Execution of the Agreement by the duly authorized representative of each of the
parties hereto.
C. Filing a copy of this Agreement with the Franklin County Auditor.
Any party may elect to terminate this Agreement by written notice of such termination to all
other parties delivered by regular mail to the contact person identified herein; provided,
termination shall be effective no sooner than 30 days following receipt of written notice and shall
not relieve the terminating party of any financial obligations incurred prior to the date of
termination.
Section 15. Interlocal Cooperation Act Provision. It is not the intention of this
Agreement that a separate legal entity be established to conduct the cooperative undertaking, nor
is the acquisition, holding, or disposing of real or personal property anticipated. Each
jurisdiction shall be responsible for the supervision, direction and control of its employee
participating in the performance of this Agreement. In compliance with RCW 39.34.040, this
Agreement shall be listed by subject on the website of one or more of the participating
jurisdictions, or other electronically retrievable public source.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and
year first above written.
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COUNTY OF BENTON ATTEST:
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Count ommissioner County Clerk to the Board
Y Y
I \ Approved As To Form:
A ■
County Co risss •ner Prosecuting Attorney, Deputy
' ag;gre.tiatd ,.—_______
County Commissioner
COUNTY OF FRANKLIN ATTEST:
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ounty Commissioner County Clafk to the Board
Approved As To Form:
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County Commissioner Pr .ecuting Attorney, Dept y
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County Commissioner
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Regionalization of Emergency Communication Systems within Benton and Franklin Counties
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•
CITY OF KEN WICK ATTEST:
/ 9_
Mayor CI y Clerk
Approved As To Form:
City Attorney
CITY OF PASCO ATTEST:
17471/1/
Mayor City Clerk
Approved As To Form:
City Attorney
CITY OF RICHLAND ATTEST:
Or City Clerk
Approved As To Form: 2
City Attorney
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