HomeMy WebLinkAbout3970 Resolution - BCES Interlocal AmendmentRESOLUTION NO. 3970
A RESOLUTION OF THE CITY OF PASCO AUTHORIZING
AMENDMENT NO. 1 TO THE 2018 SECOND AMENDED AND RESTATED
INTERLOCAL AGREEMENT FOR BENTON COUNTY EMERGENCY
SERVICES FOR FUNDING AN ADDITIONAL COMMUNICATION SITE.
WHEREAS, for the past several years, BCES has been studying ways to improve coverage
of the 800MHz system. From such studies, Benton County has determined to add one (1)
communication site to be located on Red Mountain that will be integrated into BCES's existing
simulcast system, and includes the necessary hardware, software, and services to upgrade the
Golgotha ASTRO 25 Repeater site; and
WHEREAS, Benton County will reimburse up to $3,000,000 for costs incurred by BCES,
by and through its Administrative Jurisdiction, to render the identified communication site initially
operable; and
WHEREAS, Benton County will expend additional funds associated with the cost of a
County -owned access road to the communication site terminating on a parcel agreed to by Benton
County. Costs to be borne directly by Benton County for the road include right-of-way acquisition,
design, construction, and future maintenance costs; and
WHEREAS, Benton County will directly bear the costs associated with acquisition,
design, construction and maintenance of the County -owned access road, Benton County will not
provide reimbursement for any access road -related costs otherwise incurred by BCES by and
through its Administrative Jurisdiction; and
WHEREAS, as the sole owner of the proposed communication site, Benton County agrees
to pay project overrun costs in excess of $3,000,000; and
WHEREAS, the Parties enter into this Amendment No. 1 to set forth the financing and
ownership terms with respect to the proposed additional communication site on Red Mountain.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Manager is authorized to sign and execute Amendment No. 1 to the 2018 Second
Amended and Restated Interlocal Agreement for Benton County Emergency Services, a copy of
which is attached hereto and incorporated herein by reference as Exhibit A; and to take all necessary
steps required to accomplish this transaction.
Be It Further Resolved that this Resolution shall take effect immediately.
Resolution — Amendment No. 1 to the 2018
Second Amended and Restated BCES Interlocal - 1
PASSED by the City Council of the City of Pasco, Washington this 6th day of July, 2020.
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Sal Martinez, Mayor
Mayor
ATTEST:
Debra Barham, CMC
City Clerk
Resolution — Amendment No. 1 to the 2018
Second Amended and Restated BCES Interlocal - 2
APPROVED AS TO FORM:
Kerr Fer 7 n Law, PLLC
City orney
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AMENDMENT NO.1 TO THE 2018 SECOND AMENDED AND RESTATED
INTERLOCAL AGREEMENT FOR BENTON COUNTY EMERGENCY SERVICES
FOR FUNDING AN ADDITIONAL COMMUNICATION SITE
THIS AMENDMENT NO. 1 TO THE 2018 SECOND AMENDED AND RESTATED
INTERLOCAL AGREEMENT is made and entered into by and between the following entities
(collectively, the "Parties"):
Benton County, a political subdivision of the State of Washington;
Franklin County, a political subdivision of the State of Washington;
City of Kennewick, a Washington municipal corporation;
City of Richland, a Washington municipal corporation;
City of West Richland, a Washington municipal corporation;
City of Prosser, a Washington municipal corporation;
City of Benton City, a Washington municipal corporation;
City of Pasco, a Washington municipal corporation;
Benton County Fire Protection District Nos. 1, 2 and 4, all of which are Washington special
purpose districts; and
Public Utility District #1 of Benton County, a Washington special purpose district.
WHEREAS, several of the above -referenced entities were parties to a 2009 Interlocal
Agreement to fund the acquisition of a digital 800MHz radio system to provide enhanced public
safety communications; and
WHEREAS, since execution of that 2009 Interlocal Agreement, Franklin County, the City
of Pasco and PUD #1 joined with the previously existing entities to participate in certain aspects
of the operations of Benton County Emergency Services (BCES); and
WHEREAS, in 2018, the Parties executed a Second Amended and Restated Interlocal
Agreement for Benton County Emergency Services (the "2018 Interlocal Agreement") to reflect
the rights and responsibilities of all BCES participants; and
WHEREAS, for the past several years, BCES has been studying ways to improve coverage
of the 800MHz system, and based on such studies Benton County has agreed to add one (1)
communication site to be located on Red Mountain that will be integrated into BCES's existing
simulcast system, and the necessary hardware, software, and services to upgrade the Golgotha
ASTRO 25 Repeater site to integrate that communication site into the system; and
WHEREAS, Benton County will reimburse up to $3,000,000 for costs incurred by BCES,
by and through its Administrative Jurisdiction, to render the identified communication site initially
operable; and
WHEREAS, Benton County will expend additional funds associated with the cost of
constructing a County -owned access easement to the communication site terminating on a parcel
agreed to by Benton County, provided BCES will not be reimbursed for such costs as Benton
Amendment No. I to the 2018 Second Amended and Restated BCES Interlocal Page 1
County will directly incur and pay such costs for the easement, including acquisition, design,
construction, and provision of utilities to the site (specifically electric); and
WHEREAS, the Parties enter into this Amendment No. 1 to set forth the financing and
ownership terms with respect to the proposed additional communication site on Red Mountain.
NOW THEREFORE, in consideration of the mutual covenants contained herein, and in
accordance with RCW 39.34.030 and Section 8 of the 2018 Interlocal Agreement for Benton
County Emergency Services, the Parties agree to amend the 2018 Interlocal Agreement as follows:
1. Section 4.C. of the FINANCES section of the 2018 Interlocal Agreement is deleted and replaced
in its entirety with the following language:
800MHz Fund. The 800MHz Fund shall be used for the maintenance and operation of any
800MHz radio system, whether analog or digital, utilized by BCES. The Executive Board
is authorized to levy annual radio assessments upon all Parties who use radios under the
800MHz system, and to impose contract fees upon any contracting agencies for use of the
same. Assessments shall be determined annually by the Executive Board for inclusion in
the Parties' annual budgets. Assessments shall be paid in periodic installments on a
schedule determined by the Executive Board. In the event an unforeseen exigent
circumstance or uninsured civil judgment results in costs to the Organization in excess of
the budgeted expenses for operation and administration of the 800MHz system, the
Executive Board is authorized to proportionately levy, by percentage of the Parties' total
800MHz budget responsibility, additional fees to cover the unexpected liability. Such
excess costs shall be promptly remitted, upon demand, to Benton County Emergency
Services. If the cost overrun is attributable to a single agency's action or inaction, the entire
cost overrun shall be borne by that agency.
In order to improve coverage of the 800MHz radio system maintained and operated by
BCES in certain areas of unincorporated Benton County, one (1) communication site on
Red Mountain will be constructed consisting of a trunked simulcast repeater; one (1)
microwave; an equipment shelter; a tower; a generator; a fuel tank; and batteries (the
"Communication Site"). To integrate the new Communication Site into the existing
system, the Golgotha ASTRO 25 Repeater Site must be upgraded with certain hardware,
software and services (the "Golgotha Upgrade"). To facilitate construction of the
Communication Site and the Golgotha Upgrade, Benton County agrees to: 1) reimburse
BCES, by and through its Administrative Jurisdiction, in an amount equal to the lesser of:
a) Three Million Dollars ($3,000,000); or b) the actual costs to purchase and install the
Communication Site and Golgotha Upgrade; and 2) directly pay the costs of easement
acquisition, design, and construction of a means of ingress and egress, along with provision
of utilities (specifically electric) to a parcel agreed upon by Benton County on which the
Communication Site will be located. All operational costs of the Communication Site shall
be paid by the Parties hereto in the same manner as other operational costs paid from the
800MHz fund.
The Administrative Jurisdiction is responsible for compliance with applicable procurement
laws respecting the purchase and installation of the Communication Site and Golgotha
Amendment No. 1 to the 2018 Second Amended and Restated BCES Interlocal Page 2
Upgrade. Benton County is responsible for compliance with applicable procurement laws
respecting the access easement to the Communication Site.
Benton County shall deposit One Million Dollars ($1,000,000) into the 800MHz Fund
within thirty (30) days of the full execution of this Amendment No. 1 to the 2018 Interlocal
Agreement. The Administrative Jurisdiction will place the deposit in an interest bearing
account, and interest will accrue to the benefit of BCES and may be expended on the
Communication Site. Beginning on the thirtieth (30th) day after the initial deposit, and
occurring every thirty (30) days thereafter until the Communication Site is completed, the
Administrative Jurisdiction will send to Benton County a written summary of the expenses
incurred for the purchase and installation of the Communication Site. Upon thirty (30) days
written notice from the Administrative Jurisdiction that less than Two Hundred Fifty
Thousand Dollars ($250,000) of Benton County's deposited funds under this section
remain in said account, Benton County will deposit another Two Hundred Fifty Thousand
Dollars ($250,000). The account will continue to be replenished by Benton County in this
manner until $3,000,000 in the aggregate has been deposited by Benton County, or BCES
has been fully reimbursed, by and through its Administrative Jurisdiction, for the actual
costs of the purchase and installation of the Communication Site and Golgotha Upgrade,
whichever occurs first. Within thirty (30) days of release of retainage to the contractor for
the Communication Site work, the Administrative Jurisdiction will return to Benton
County the balance of all deposits made by Benton County for the Communication Site
that were not expended.
Parties to this Agreement who use the 800MHz system will continue to contribute to its
operation and maintenance costs, including costs for operation and maintenance of the
Communication Site, through annual radio assessments.
2. Section S.C. of the PROPERTY AND EQUIPMENT section of the 2018 Interlocal
Agreement is deleted and replaced in its entirety with the following language:
Specific Property Owned Solely by Benton County, Richland and Kennewick. All Parties
hereto acknowledge that the federal government may have ownership interests or rights
with respect to equipment purchased with funds provided by the federal government. All
Parties further acknowledge and agree that the Communication Site on Red Mountain as
referenced in Section 4.0 above shall be owned exclusively by Benton County. All Parties
further acknowledge and agree that the remainder of the digital 800MHz radio system, the
real property and improvements located at 651 Truman Avenue in Richland, Washington,
the leasehold interests and other 800MHz equipment used by Benton County Emergency
Services and the Parties hereto at the several existing sites and the Benton County
Microwave System used by Benton County Emergency Services shall be owned
exclusively by Benton County and the cities of Richland and Kennewick as follows: fifty
percent (50%) ownership by Benton County; twenty-five percent (25%) ownership by
Kennewick; twenty-five percent (25%) ownership by Richland. The contributions by Pasco
and Franklin County required pursuant to section 4.G above do not create any ownership
interests in the above assets by those entities.
Amendment No. 1 to the 2018 Second Amended and Restated BCES Interlocal Page 3
3. All remaining terms, conditions and provisions of the 2018 Interlocal Agreement shall
remain in full force and effect.
4. This Amendment shall be construed in accordance with, and governed by, the laws of the
state of Washington.
The headings contained in this Amendment are for ease of reference only and shall not be
considered in construing this Amendment.
[Signature page to follow]
Amendment No. 1 to the 2018 Second Amended and Restated BCES Interlocal Page 4
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates
identified next to their signatures below.
BENTON COUNTY, WASHINGTON FRANKLIN COUNTY, WASHINGTON
JAMES BEAVER, Chairman Date ROBERT E. KOCH, Chairman Date
SHON SMALL, Member Date BRAD PECK, Chairman Pro -Tem Date
JEROME DELVIN, Member Date CLINT DIDIER, Member Date
Constituting the Board of County Constituting the Board of County
Commissioners of Benton County, Commissioners of Franklin County,
Washington. Washington.
Attest:
Clerk of the Board
Approved as to Form:
Attest:
Clerk of the Board
Approved as to Form:
Ryan K. Brown, Benton County Chief Jennifer Johnson, Franklin County Deputy
Deputy Prosecuting Attorney Prosecuting Attorney
[Signatures continue below]
Amendment No. I to the 2018 Second Amended and Restated BCES Interlocal Page 5
CITY OF PASCO
DAVE ZABELL Date
Pasco City Manager
Attest:
Debby Barham, City Clerk
Approved as to Form:
Eric Ferguson, Kerr Ferguson Law, PLLC
City Attorney for Pasco
CITY OF RICHLAND
CYNTHIA D. REENTS Date
Richland City Manager
Attest:
Jennifer Rogers, City Clerk
Approved as to Form:
Heather Kintzley
Richland City Attorney
CITY OF KENNEWICK
MARIE E. MOSLEY Date
Kennewick City Manager
Attest:
Terri L. Wright, City Clerk
Approved as to Form:
Lisa Beaton
Kennewick City Attorney
CITY OF WEST RICHLAND
BRENT GERRY
West Richland Mayor
Attest:
Julie Richardson, City Clerk
Approved as to Form:
Date
Bronson Brown, Bell Brown & Rio, PLLC
City Attorney for West Richland
[Signatures continue below]
Amendment No. I to the 2018 Second Amended and Restated BCES Interlocal Page 6
CITY OF PROSSER
CITY OF BENTON CITY
RANDY TAYLOR Date LINDA LEHMAN Date
Prosser Mayor Benton City Mayor
Attest: Attest:
Rachel Shaw, City Clerk
Approved as to Form:
Howard Saxton
Prosser City Attorney
Stephanie Haug, City Clerk
Approved as to Form:
Eric Ferguson, Kerr Ferguson Law, PLLC
City Attorney for Benton City
BENTON COUNTY FIRE PROTECTION DISTRICTS 1, 2, AND 4
DAVID M. JENKINS Date
BCFPD #1 Commission Chair
BARRY ORTH Date
BCFPD #2 Commission Chair
GREGG COUCH Date
BCFPD #4 Commission Chair
Attest:
Attest:
Attest:
[Signatures continue below]
Amendment No. 1 to the 2018 Second Amended and Restated BCES Interlocal Page 7
PUBLIC UTILITY DISTRICT #1 OF BENTON COUNTY (BENTON PUD)
Attest:
RICK DUNN Date
General Manager
Amendment No. Ito the 2018 Second Amended and Restated BCES Interlocal Page 8