Res 1911 - NORCOM Intergov AgrCOUNCIL BILL NO. 2750
RESOLUTION NO. 1911
A RESOLUTION ADOPTING AN INTERGOVERNMENTAL AGREEMENT FOR THE NORTH
MARION COUNTY COMMUNICATIONS CENTER (NORCOM) AND AUTHORIZING THE
MAYOR TO SIGN SAID AGREEMENT.
WHEREAS, the City of Woodburn is a member of the North Marion County
Communications Center (NORCOM) created by an intergovernmental
agreement pursuant to ORS Chapter 190; and
WHEREAS, the parties to NORCOM consist of the Aurora Fire District, the
City of Aurora, the Drakes Crossing Fire District, the City of Donald, the City of
Gervais, the Hubbard Fire District, the City of Hubbard, the Monitor Fire District,
the Mt Angel Fire District, the City of Mt. Angel, the Woodburn Fire District, the
City of Woodburn, the Silverton Fire District, the City of Silverton, the St. Paul Fire
District, the City of Scotts Mills, Marion County by and through the Marion County
Sheriff's Office, and the City of St. Paul; and
WHEREAS, these entities desire to amend and restate the terms and
conditions of membership and the provisions of the prior Intergovernmental
Agreement by entry into a new agreement affixed hereto as Attachment "A"
and incorporated by reference; and
WHEREAS, the City of Woodburn is a current member of NORCOM and is
willing to consent to new membership in NORCOM based upon the terms and
conditions of the new intergovernmental agreement; NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. Pursuant to ORS 190.085, the City of Woodburn approves the
Intergovernmental Agreement for the North Marion County Communications
Center (NORCOM) affixed hereto as Attachment "A" and incorporated by
reference and consents to joinder by the Aurora Fire District, the City of Aurora,
the Drakes Crossing Fire District, the City of Donald, the City of Gervais, the
Hubbard Fire District, the City of Hubbard, the Monitor Fire District, the Mt Angel
Fire District, the City of Mt. Angel, the Woodburn Fire District, the Silverton Fire
District, the City of Silverton, the St. Paul Fire District, the City of Scotts Mills, and
Marion County by and through the Marion County Sheriff's Office, and the City
of St. Paul.
Section 2. The Mayor is authorized to sign said agreement on behalf of
the City.
Page 1 - Council Bill No. 2750
Resolution No. 1911
Approved as to form:
City Attorney Bate
Approv d:
athryn Fi levy, Ma+r
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Mary T46nant City Recorder
City of Woodburn, Oregon
Page 2 - Council Bill No, 2750
Resolution No, 1911
Octobe►``133/2008
October 15, 2008
October 15, 2008
October 15, 2008
ATTAC MENT A
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INTERGOVERNMENTAL AGREEMENT
NORTH MARION COUNTY COMMUNICATIONS CENTER
THIS INTERGOVERNMENTAL AGREEMENT OF NORTH MARION COUNTY
COMMUNICATION CENTER is made and entered into by and between the governmental, public
and private safety agencies, which have signed this Agreement creating the North Marion County
Communication Center Intergovernmental Agreement (hereinafter collectively referred to as
NORCOM. NORCOM is an intergovernmental entity formed under O.R.S. 190.010, et seq.
PREAMBLE
THIS AGREEMENT is made and entered into by and between the Aurora Fire District, City of
Aurora, Drakes Crossing Fire District, City of Donald, City of Gervais, Hubbard Fire District, City of
Hubbard, Monitor Fire District, Mt Angel Fire District, City of Mt. Angel, Woodburn Fire District, City of
Woodburn, Silverton Fire District, City of Silverton, St. Paul Fire District, City of Scotts Mills, Marion
County Sheriff's Office, and the City of St. Paul.
WITNESSETH:
WHEREAS, the undersigned desire to establish and maintain a Public Safety Answering Point
(PSAP) and consolidated communications center, and
WHEREAS, ORS 190.010 authorizes governmental entities to agree to the joint provision of
communications services and to create an Agency to provide these services; and
WHEREAS, it is one of the objectives of said Agency to provide consolidated telephone, radio
communications and dispatching services; and
WHEREAS, the creation of said Agency will provide consistent police, fire and medical
communication service within the boundaries of the area served; and
WHEREAS, the establishment and maintenance of such services will be of benefit to the citizens
of the undersigned User Entities and the public in general.
WHEREAS, the Intergovernmental Agreement between User Entities of the Woodburn 9-1-1
P.S.A.P. (executed in 1987) and the ORS 190 Agreement executed in July 1995 is repealed and replaced by
this Agreement; and
WHEREAS, the Intergovernmental Agreement identifying the consolidation between Silver Falls
9-1-1 Center and North Marion County Communication Center effective December 15, 2003 is repealed
and replaced by this Agreement; and
NOW, THEREFORE, it is agreed as follows:
SECTION 1— DEFINITIONS
The terms used in this Agreement shall have the meanings set forth in this section.
A. Agency— North Marion County Communications (NORCOM)
B. Agreement - This Intergovernmental Agreement for Communications Services
C. Chair — The officer elected by the Governing Board to preside over the Board meetings.
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D. Designated Voting Representative — The individual who has been authorized by a User
Entity to vote on issues before the Governing Board.
E. Director - The chief administrative officer of NORCOM.
F. Executive Board — Elected User Entity representatives responsible for operations and
leadership of the center.
G. Fiscal Year — One funded year of operations, beginning on July 1 and ending on June 30
of the following year.
H. Governing Board— The Representatives from each User Entity as further specified in this
Agreement.
1. NORCOM — Acronym for North Marion County Communications
Public or Private Safety Agency — Any unit of state or local government, a special —
purpose district or a private firm that provides or has authority to provide fire -fighting,
police, ambulance or emergency medical services.
K. Public Safety Answering Point (PSAP) — A 24 hour communications facility answering
9-1-1 calls originating within a given service area, and processing those calls by direct
dispatch, call relay or transfer to the appropriate public or private safety agency.
L.Quorum — A majority of the User Entity members of the Governing Board or Executive
Board who must be present for the valid transaction of business.
M. Second Vice -Chair — The officer elected by the Governing Board to act as the Board
Chair in the absence of the Chair and Vice -Chair
N. Service Area — Geographical Boundary identified through the Primary Public Safety
Answering Point Jurisdiction through the Oregon Emergency Management Office.
O. User Entity — A governmental entity that signed this Agreement or that contracts with the
Agency for dispatch and/or call answering service through a formal Agreement. The
User Entity is a member of the Governing Board and has an equal vote on the Governing
Board. A User Entity may be elected to the Executive Board.
P. Vice Chair — The officer elected by the Governing Board to act as the Chair in his or her
absence.
Q. 9-1-1 Service Area — The geographical area that contains the entire central office
servicing area from which the primary PSAP will have the capability to answer calls
placed to 9-1-1.
SECTION 2 — POWERS AND AUTHORITY
A. There is an established Agency, hereby created, to be known as North Marion County
Communications, and referred to as NORCOM. Said Agency shall have the
responsibility and authority, among others, for emergency service communications and
functions incidental thereto, for the purpose of communication and dispatching in the
furtherance of public safety and emergencies within the boundaries of its 9-1-1 Service
Area.
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B. Supervision and management of NORCOM shall be exercised by a Director by authority
of the Executive Board and consistent with the direction of the Governing Board.
C. NORCOM is hereby vested with all powers, rights and duties necessary for performing
the functions of a 9-1-1 Public Safety Answering Point (PSAP) and initiating appropriate
response pursuant to ORS 401.710 to 401.790, including, but not limited to, contracting
for such services.
SECTION 3 — NORCOM GOVERNING BOARD
A. The Governing Board shall consist of:
One person elected from and by each User Entity. Each User Entity may
determine its designated voting representative using whatever method it desires.
As of the date of this Agreement, the User Entities with designated voting
representatives on the Governing Board, are as follows:
(a)
City of Aurora
(b)
City of Donald
(c)
City of Gervais
(d)
City of Hubbard
(e)
City of St. Paul
(f)
City of Woodburn
(g)
Aurora Fire District
(h)
Hubbard Fire District
(i)
Monitor Fire District
0)
St. Paul Fire District
(k)
Woodburn Fire District
(1)
Marion County Sheriffs Office
(m)
City of Mt Angel
(n)
Mt. Angel Fire District
(o)
City of Silverton
(p)
Silverton Fire District
(q)
City of Scotts Mills
(r)
Drakes Crossing Fire District
3. Additional User Entities may be added to the Governing Board as provided in
Section 12.
4. Each User Entity which becomes a member of this Agreement following the
date this Agreement is signed shall be entitled to have one designated voting
representative on the Governing Board. Designated voting representatives shall
be entitled to vote on all matters before the Governing Board unless prohibited
by law.
5. Each User Entity may exercise its own vote but shall not represent another User
Entity by proxy.
6. In the event of a vacancy, the affected User Entity shall submit, in writing,
within 72 hours of the next board meeting, the name of the representative to fill
the vacancy.
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When a User Entity no longer contracts services from NORCOM, its
representation on the Governing Board shall cease.
B. The Board shall be governed by the following procedures:
Officers of the Governing Board shall be identified as the Chair, First Vice -
Chair and Second Vice -Chair.
(a) The Chair of the Board shall serve a two-year commitment to the
Governing Board elected in January of even numbered years.
(b) The First Vice Chair shall serve a two-year commitment to the
Governing Board elected in January of odd numbered years.
(c) The Second Vice Chair shall serve a two-year commitment to the
Governing Board elected in January of even numbered years.
(d) If an officer is unable to complete his or her term, the Governing
Board shall accept nominations for the vacant position, and hold an
election at the next regularly scheduled meeting to fill the vacancy.
2. The Chair, First Vice Chair and Second Vice Chair will serve as officers of both
the Governing Board and the Executive Board
3. The Governing Board shall meet at least twice each fiscal year. Special
meetings may be called at any time by the Board Chair or at the written request
of any three (3) User Entities upon at least three (3) days prior written notice.
An emergency meeting may be held on such notice that is reasonable under the
circumstances.
4. For the purpose of conducting business, a quorum shall consist of the designated
voting representatives of no less than 51 % of User Entities.
5. The affirmative vote of a majority of the designated voting representatives of the
Governing Board present at a board meeting shall be necessary to decide any
question or issue before the Governing Board.
6. All meetings of the Governing Board shall be noticed and held in accordance
with the Oregon Public Meetings Law, ORS 192.610 — 192.710.
7. Unless otherwise provided, Robert's Revised Rules of Order shall govern all
procedural matters relating to business before the Governing Board.
8. The Governing Board may adopt such policies and procedures as may be
necessary to conduct its business, consistent with this Agreement.
9. The Governing Board may approve, modify or terminate agreements on behalf
of NORCOM to provide communications to include call reception and/or
dispatch services to any person, firm, corporation, local government or agency
of government.
C. The Governing Board shall be responsible for:
Providing direction and assistance to the Executive Board.
Electing the Executive Board from the Governing Board.
(a) The Chair, First Vice Chair and Second Vice Chair shall serve as
Officers of the Executive Board.
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3. Establishing employment terms and conditions, including compensation and
termination of a Director.
4. Establishing NORCOM services.
5. Adopting an annual operating budget, in accordance with ORS 294.900 to
294.930, including determination of User Entity assessments (in accordance
with an agreed upon User Fee Formula). Refer to Section 7.
6. Obtain and review an annual audit of NORCOM's finances by an independent
accounting firm (CPA) for the purposes of receiving an opinion on the financial
statements of NORCOM.
7. Promulgating rules for the orderly management of NORCOM's personnel
matters.
8. Approving new User Entities of NORCOM.
9. Adopting a Personnel Policies Manual and Standard Operating Procedures
(SDP's) for NORCOM.
SECTION 4 NORCOM EXECUTIVE BOARD
A. The Executive Board shall act on behalf of the Governing Board in carrying out adopted
policies or acting on approved budgetary items.
B. The Executive Board, in its discretion, may create special committees and subcommittees
as may be necessary.
C. The Executive Board functions shall be as follows.
Supervision evaluation and discipline of the Director excluding termination and
to recommend contract employment terms and conditions for the Director,
subject to Governing Board ratification.
2. To act as liaison between the Governing Board and the Director.
D. All acts of the Executive Board may be reviewed by the Governing Board.
E. The Executive Board shall consist of five (5) members from the Governing Board as
defined:
1 The Board Chair
2 The Board First Vice -Chair
3 The Board Second Vice -Chair
4 Two (2) members at large of which the following disciplines must be included:
a. One (1) Law Enforcement Representative —Position 1
b. One (1) Fire District Representative — Position 2
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The Executive Board includes five (5) User Entities. The Executive Board shall
include no more than three (3) User Entities from the same discipline [police or
fire user entity] on the Executive Board.
The Governing Board shall elect members to serve in the at large positions on
the Executive Board at the first Governing Board meeting in January.
(a) Terms of election to the Executive Board are:
a. Position 1 shall serve two-year commitments to the
Executive Board elected in even numbered years.
b. Position 2 shall serve two-year commitments to the
Executive Board elected in odd numbered years.
If an officer is unable to complete his or her term to the Executive Board, the
Governing Board shall accept nominations for the vacant position, and hold an
election at the next regularly scheduled Governing Board Meeting to fill the
vacancy
No User Entity may have more than one representative on the Executive Board.
F. The Executive Board shall meet at least four (4) times each fiscal year on a quarterly
basis. Meetings shall occur on the third Wednesday of March, June, September and
December unless posted otherwise. Special meetings may be called at any time by the
Board Chair or at the written request of any three (3) User Entities upon at least three (3)
days prior written notice. An emergency meeting may be held on such notice that is
reasonable under the circumstances.
G. Any Executive Board Member may be removed from the Executive Board by an
affirmative vote of the User Entities of this Agreement at a meeting of the Board of
Directors.
H. Attendance Requirement: Inability to attend a regularly scheduled Executive Board
Meeting shall be reported to the Chair. Two (2) consecutive unexcused absences may be
grounds for removal from the Executive Board.
In the case of removal of an Executive Board member, nominations and a special election
shall occur at the next regular Governing Board Meeting for a replacement to be ratified
by the Board. If the resignation or removal is an office holder the affected seat shall be
replaced by the Vice Chair or 2nd Vice Chair which ever is applicable.
New User Entities who contract with NORCOM may be included in the Executive Board
at the next regular election process of the Board at a Governing Board Meeting generally
held in December of odd numbered years.
SECTION 5 — DIRECTOR
A. The Governing Board shall select and appoint a Director based upon that person's
administrative and technical competence.
B. The Director shall be the chief administrative officer of NORCOM and shall be
responsible for:
Implementing Governing Board vision, goals and policies. Agency
administration, personnel, purchasing and budget functions, in conformance
with 9-1-1 policies and rules adopted by the Governing Board.
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2. Dispatching, phone answering, record keeping, security and other NORCOM
functions in conformance with 9-1-1 policies adopted by the Governing Board.
3. Hiring, training, discipline and/or discharge of all subordinate NORCOM
personnel, subject to applicable Agency rules and policies.
4. Attending and providing executive staffing at Executive and Governing Board
meetings.
5. Preparing and presenting to the Governing Board a proposed budget for each
budget year.
6. Such other tasks as determined and assigned by the Governing Board.
SECTION 6 — P.S.A.P. DESIGNATION
A. NORCOM is designated by the User Entities as their P.S.A.P. and shall be responsible
for coordinating and controlling emergency telephone communications planning and
operations including dispatch and telephone answering services.
B. NORCOM shall receive and disburse 9-1-1 telephone tax revenue in accordance with the
requirements ORS 401.710 through ORS 401.790.
Quarterly 9-1-1 telephone tax revenue received by the cities of Woodburn,
Aurora, Donald, Hubbard, Gervais, Mt. Angel, St. Paul, Scotts Mills, Silverton
and that portion received by Marion County for the 981, 982, 983, 984, 634,
792, 633, 678, 873, 874 and 845 prefix areas outside the corporate limits of the
aforementioned cities [and future prefixes added to the area with growth and
expansion] , shall be consolidated into a single 9-1-1 Communications Fund that
shall be maintained by NORCOM.
2. Revenues and expenditures from said fund shall be administered by NORCOM
in accordance with its operating policies and procedures and Oregon law.
P.S.A.P. telephone tax revenue shall be expended as allowed under Oregon
Administrative Rule 140-080-060 and any other applicable law.
SECTION 7 — BUDGET FUNDING
A. The proposed operating budget shall be developed by the Director, and presented to the
Governing Board for review and adoption. The Agency budget process shall conform to
Oregon Budget Law.
B. The Director shall forward to each User Entity, a proposed budget by the fourth Monday
in January preceding the budget year and the NORCOM budget committee shall, to the
extent practicable, approve a budget by the fourth Monday in March. To the extent
practicable, the Director shall distribute the budget in adequate time for each User Entity
to make decisions and include the appropriate amount in its annual budget. The budget
period shall be on a fiscal year basis beginning on the first day of July of each year and
ending on the thirtieth day of June of the next succeeding year.
C. Each User Entity participating in cost sharing shall pay its share of the budget in twelve
equal installments payable on or before the tenth of each month or quarterly payments
due on or before the first day of the next quarter.
D. Funding shall be based upon the cost sharing formula described below:
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As a Public Safety Answering Point (PSAP), NORCOM shall receive and
disburse the 9-1-1 telephone tax revenue received from member jurisdictions in
accordance with Oregon law pertaining to the collection and expenditure of such
funds.
The funding formulas between law enforcement and fire/EMS users in the
support of NORCOM shall be as follows:
a. A User Fee Calculation Split shall be defined and adopted by the Board
to be reflected in a percentage assessed to law enforcement and a
percentage to be assessed to Fire/EMS. The two percentages shall
equal 100% of the required revenue for the agency.
b. Users will negotiate and determine their cost sharing within their
disciplines to equal the specified total discipline percent.
C. Any changes in the funding formulas concerning law enforcement and
Fire / EMS users shall be attached to this Agreement as an addendum.
Discipline groups shall identify and notify the Director, in writing, of the
majority vote for the percentage split no later than November ls` of each
calendar year in preparation for the budget.
E. New User Entities who contract with NORCOM may be assessed an initial, one-time fee
equal to 10% of that user's projected user fee; OR an impact fee (as appropriate) which
shall be determined by the Governing Board with consideration being given toward the
User Entity call activity, needs for additional staffing and/or equipment to support the
new User Entity, whichever is greater. New User Entities may be included in the
Executive Board appointment process at the next regular election process.
SECTION 8 - EQUIPMENT
A. Attached to this Agreement as Exhibit `B", is an inventory of all assets of NORCOM.
Also identified are those assets located within or utilized by NORCOM that shall remain
the property of User Entities.
B. The Governing Board is responsible for providing and maintaining the basic equipment
to serve the users. This includes, but is not limited to, the 9 -1 -1 -telephone system,
NORCOM business lines, CAD computer system, and radio dispatch consoles. Each User
Entity shall be responsible for purchasing, maintaining and repairing their own mobile,
base and portable radio equipment. If a User Entity wishes to add specific equipment to
NORCOM to enhance their operation, the Governing Board must authorize it.
C. Individual equipment added by a User Entity must be purchased and maintained by that
User Entity. The User Entity and the Director shall maintain inventory records to show
what items are NORCOM owned or User Entity owned. In case of dissolution of
NORCOM, or withdrawal of the lending user from NORCOM, such assigned or loaned
items shall be returned to the appropriate User Entity. In the case of dissolution of
NORCOM, all other items, or funds derived form the sale thereof, shall be refunded and
distributed to the User Entities in proportion to their financial participation averaged over
the preceding three-year period.
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SECTION 9 — RADIO FREOUENCIES
Nothing in this Agreement is intended to alter or affect the existing proprietary rights of the User
Entities in certain radio frequencies. All User Entities shall retain any and all legal rights to radio
frequencies, which they possessed prior to their execution of this Agreement.
SECTION 10 — REVIEW AND EVALUATION
This Agreement shall be reviewed and evaluated by the Governing Board every five (5) years at
minimum.
SECTION 11 — AMENDMENTS
The terms of this Agreement may only be amended with the consent by majority of the User
Entities that have signed this Agreement or any addenda hereto.
Additional User Entities may be added to this Agreement upon such terms and conditions as
agreed upon by two-thirds of the User Entities that have signed this Agreement. The admission of
additional User Entities shall be incorporated by written addenda to this Agreement, signed by all User
Entities.
SECTION 13 — ARBITRATION
Any controversy in regard to the application or interpretation of this Agreement may be submitted
to and determined by arbitration in accordance with ORS 36.330 — ORS 36.365.
SECTION 14 — TERMINATION
This Agreement shall be automatically extended from year to year. No User Entity may terminate
its participation in this Agreement without giving written notice to all other User Entities not less than six
(6) months prior to the end of the fiscal year. Such termination shall become effective at midnight of the
last calendar day of the fiscal year in which such notice is given.
SECTION 15 — NOTICE
Any notice provided for under this Agreement shall be sufficient if in writing and delivered
personally or deposited in the United States Mail, postage prepaid, certified mail, return receipt requested.
SECTION 16 — INTEGRATION
This Agreement contains the entire agreement and supersedes any prior written or oral discussion
or agreements.
SECTION 17 — EFFECTIVENESS OF AGREEMENT
This Agreement shall become effective on December 1, 2008.
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SECTION 18 — COUNTERPARTS
This Agreement may be signed in counterparts. Each User Entity shall send one copy of this
Agreement signed by its authorized signatory to: Director, NORCOM 1060 Mt Hood Ave, Woodburn, OR
97071. Such copy shall also list the name and address of the person to whom all notices under the
Agreement are to be sent.
USER ENTITIES
CITY OF AURORA
By:
Title:
CITY OF DONALD:
By:
Title:
CITY OF GERVAIS:
By:
Title:
CITY OF HUBBARD:
By:
Title:
CITY OF ST. PAUL:
By:
Title:
CITY OF WOODBURN:
By:
Title:
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AURORA FIRE DISTRICT:
By:
Title:
HUBBARD FIRE DISTRICT:
By:
Title:
MONITOR FIRE DISTRICT:
By:
Title:
ST. PAUL FIRE DISTRICT:
By:
Title:
WOODBURN FIRE DISTRICT:
By:
Title:
MARION COUNTY SHERIFFS OFFICE:
By:
Title:
CITY OF MT. ANGEL:
By:
Title:
MT. ANGEL FIRE DISTRICT:
By:
Title:
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CITY OF SILVERTON:
By:
Title:
SILVERTON FIRE DISTRICT:
By:
Title:
CITY OF SCOTTS MILLS:
By:
Title:
DRAKES CROSSING FIRE DISTRICT:
By:
Title:
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Last Revised 061808