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Res 1295 - Intergvt Agmt NORCOM COUNCIL BILL NO. 1628 RESOLUTION NO. 1295 A RESOLUTION AUTHORIZING A MODIFIED INTERGOVERNMENTAL AGREEMENT FOR COMMUNICATIONS SERVICES; ESTABLISHING NORCOM; AND DESIGNATING A PUBLIC SAFETY ANSWERING POINT. WHEREAS. the City desires to establish and maintain a Public Safety Answering Point (PSAP) and a 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. on January 23, 1995, the City Council passed Resolution No. 1278, authorizing an intergovernmental agreement to establish NORCOM and designating a Public Safety Answering Point; and WHEREAS. certain modifications are necessary to said intergovernmental agreement so that said communications services can be provided; and WHEREAS, the City is free to make these modifications since said intergovernmental agreement has not yet been executed by the other jurisdictions that are parties hereto, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into an Intergovernmental Agreement for Communications Services containing the modifications referenced above. A copy of said agreement is attached hereto and, by this reference. incorporated herein. Section 2. That the Mayor and City Recorder are authorized to sign said agreement on behalf of the City Of~ . Approved as to formY7~. City Attorney APPROVED: Oat Ln IJ ;y;~ NanC~kSey; Mayor ) Page 1 - COUNCIL BILL NO. 1628 RESOLUTION NO. 1295 ...._' , ".'.'......'-.....--.T--.'-'.-.-..'''.-.-.....--.--.' Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder ATTEST: fY)CJ..AJ-.L ~ Ma~nnant, City Recorder City of Woodburn, Oregon Page 2 - COUNCIL BILL NO. 1628 RESOLUTION NO. 1295 .....,,'" ...__'_.,...,.......~'''.''..-..;.-__'_.__,..,___."_~_._..____.....--___~..-......"._.__,~."...._..,..H_""..,_ May 8, 1995 May 9, 1995 May 9, 1995 May 9, 1995 INTERGOVERNMENTAL AGREEMENT FOR COMMUNICATIONS SERVICES PREAMBLE THIS AGREEMENT is made and entered into by and between the Aurora Fire District, City of Aurora, City of Donald, City of Gervais, Hubbard Fire District, City of Hubbard, Monitor Fire District, Woodburn Fire District, City of Woodburn, St. Paul Fire District, Marion County Sheriff's Office, Woodburn Ambulance, 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, OR5 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 and alarm communications and dispatching services; and WHEREAS, the creation of said Agency will provide improved police, fire and medical aid service communications within the boundaries of the area served; and WHEREAS, the establishment and maintenance of such services will be of substantial benefit to the citizens of the undersigned member jurisdictions and the public in general. NOW, THEREFORE, it is agreed and as follows: SECTION I - DEFINITIONS The terms used in this Agreement shall have the meanings set forth in this section. A. Agencv - North Marion County Communications (NORCOM) B. Agreement Communications Services. This Intergovernmental Agreement for C. Designated Voting Reoresentative The individual who has been authorized by a member agency or member jurisdiction to vote on issues before the User Board. D. Director - The chief administrative officer of NORCOM. PAGE 1 - INTERGOVERNMENTAL AGREEMENT ..,." ._-- -.".~.- ....- , E. Fiscal Year - One funded year of operations, beginning on July 1 and ending on June 30 of the following year. F. Member Aaencv - A non-governmental entity that has signed this Agreement. G. Member Jurisdiction - A governmental entity that has signed this Agreement. H. NORCOM - Acronym for North Marion County Communications. I. Public Safetv 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. J. Quorum - A majority of the members of the User Board who must be present for the valid transaction of business. K. Second Vice-Chair - The officer elected by the User Board to act as User Board Chair in the absence of the Chair and Vice-Chair. L. ~ - An entity using the services of NORCOM, including but not limited to member agencies and member jurisdictions. M. User Board - The governing board of NORCOM as further specified in this Agreement. N. User Board Chair - The officer elected by the User Board to preside over the User Board. O. Vice-Chair - The member elected by the User Board to act as the Chair in his or her absence. SECTION II - POWERS AND AUTHORITY A. There is established an Agency 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 communicating and dispatching in the furtherance of public safety and emergencies within the boundaries of its service area. B. Supervision and management of NORCOM shall be exercised by a Director by authority of the NORCOM User Board. C. NORCOM is vested with all powers, rights and duties necessary for performing the functions of a 9-1-1 Public Safety Answering Point (PSAP) PAGE 2 - INTERGOVERNMENTAL AGREEMENT and initiating appropriate response pursuant to ORS 401.710 to 401.790, including, but not limited to, contracting for such services. SECTION III - NORCOM USER BOARD A. The User Board shall consist of the following members: 1. One elected official and one administrative representative from each member jurisdiction, and 2. One administrative representative from each member agency. 3. As of the date of this Agreement, the member jurisdictions and member agencies with designated voting representatives on the User 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 (j) St. Paul Fire District (k) Woodburn Fire District (I) Woodburn Ambulance (m) Marion County Sheriff's Office 4. Ex-officio non-voting agencies on of the User Board (a) Oregon State Police (b) Buck Ambulance 5. Additional member agencies and member jurisdictions may be added provided in Section XIII. 6. Each member agency and member jurisdiction, except ex-officio non-voting agencies, shall have one vote that may be exercised by its designated voting representative. Designated voting representatives shall be entitled to vote on all matters before the User Board unless prohibited by law. 7. Each member agency or member jurisdiction may exercise its own vote but shall not represent another member agency or member jurisdiction by proxy. PAGE 3 - INTERGOVERNMENTAL AGREEMENT .,-.., ".".- -.... -."- 8. In the event of a vacancy, the affected member agency or member jurisdiction shall submit, in writing, within 30 days, the name of a representative to fill the vacancy. 9. When an entity is no longer a user of NORCOM, its representation on the User Board shall cease. New member agencies or member jurisdictions of NORCOM added subsequent to the execution of this Agreement shall be entitled to representation on the User Board as outlined in subsections 1 and 2 above. B. The User Board shall be governed by the following procedures: 1 . Officers of the User Board shall be the Chair, First Vice-Chair and Second Vice-Chair. (a) The User Board shall elect officers at the first organizational meeting and the term of these officers shall be through December 31 st of the following year. (b) Officers shall be elected, thereafter at the first meeting in January of even numbered years. (c) The term of office for officers shall be two years. (d) If an officer is unable to complete his or her term, he or she will notify the User Board in writing. The User Board shall accept nominations for the vacant position, and hold an election at the next regularly scheduled meeting to fill the vacancy. 2. The User Board shall meet monthly. Special meetings may be called at any time by the User Board Chair or at the written request of any three (3) member agencies or member jurisdictions upon at least three (3) days prior written notice. An emergency meeting may be held on such notice that is reasonable under the circumstances. 3. For the purpose of conducting business, a quorum shall consist of the designated voting representatives of no less than 51 % of member agencies and member jurisdictions. 4. The affirmative vote of a majority of the designated voting representatives of the User Board present at a board meeting, shall be necessary to decide any question or issue before the User Board. 5. All meetings of the User Board shall be noticed and held in accordance with the Oregon Public Meetings Law, ORS 192.610 - 192.690. 6. Unless otherwise provided, Robert's Revised Rules of Order shall govern all procedural matters relating to business before the User Board. PAGE 4 - INTERGOVERNMENTAL AGREEMENT ~",_",_~"_'m-".'" .......... __._.~ -"'. . -,.. .~""---,_.-,~--""~-"'-- ... 7. The User Board may adopt such policies and procedures as may be necessary to conduct its business, consistent with this Agreement. 8. The User Board may approve, modify or terminate agreements on behalf of NORCOM to provide emergency service communications to include emergency call reception and/or dispatch services to any person, firm, corporation, local government or agency of government. C. The User Board shall be responsible for: 1 . Establishing employment terms and conditions, including compensation and termination of a Director. 2. Establishing NORCOM service levels. 3. Adopting an annual operating budget, in accordance with ORS 294.900 to 294.930, including determination of participating jurisdiction assessments (in accordance with an agreed upon User Fee Formula). Refer to Section VII. 4. Providing 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. 5. Promulgating rules for the orderly management of NORCOM's personnel matters. 6. Approving new users of NORCOM. 7. Adopting a Personnel Policies Manual and Standard Operating Procedures (SOP's) for NORCOM. SECTION IV - DIRECTOR A. The User Board shall select and appoint a Director based upon administrative and technical competence. B. The Director shall be the chief administrative officer of NORCOM and shall be responsible for: 1. Agency administration, personnel, purchasing and budget functions, in conformance with 9-1-1 policies and rules adopted by the User Board. 2. Dispatching, phone answering, record keeping, security and other NORCOM functions in conformance with 9-1-1 policies adopted by the User Board. PAGE 5 - INTERGOVERNMENTAL AGREEMENT --.--....--. '"~.,.,_,......~,._..<..... ~.......' .' ..... , _".,...~."~..m""''''''.',;~~_"~....~,...'"'__'''_"'"'''..... 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 of User Board meetings. 5. Preparing and presenting a Personnel Policies Manual and Standard Operating Procedures (SOP's) to the User Board for review and adoption. 6. Preparing and presenting to the User Board a proposed budget for each budget year. SECTION V - PERSONNEL A. The Director shall submit to the User Board a proposed Personnel Policies Manual for adoption. Personnel policies shall conform to state and federal law. B. The Personnel Policies Manual shall provide for initial appointment to the Agency's staff, in accordance with Oregon law. Subsequent employees shall be appointed by the Director in accordance with the approved operating budget and the Personnel Policies Manual. C. Each member agency and member jurisdiction recognize and agree to be bound by the terms of the MEMORANDUM OF AGREEMENT by and between the City of Woodburn and the Woodburn Police Association approved by the Woodburn City Council on May 8, 1995. A copy of said MEMORANDUM OF AGREEMENT is attached hereto as Exhibit" A" and is, by this reference, incorporated herein. SECTION VI - P.S.A.P. DESIGNATION A. NORCOM is designated by the member agencies and member jurisdictions 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 of Section 2 of the Emergency Communications Act of 1981 (ORS 401.710 through ORS 401.790, including Sections 10 to 20, chapter 533, Oregon Laws 1981.) 1 . Quarterly 9-1-1 telephone tax revenue received by the cities of Woodburn, Aurora, Donald, Hubbard, Gervais and St. Paul, and that portion received by Marion County for the 981, 982, 634, 792, and 678 prefix areas outside the corporate limits of the aforementioned cities, PAGE 6 - INTERGOVERNMENTAL AGREEMENT .. -'-T-' ._>-".._.~>..... ",._...-"....,....,. " ~"'.. ,..~, ,_ .___..._...,.....," W_~~"'_.~'.""--"'~ 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. 3. P.S.A.P. telephone tax revenue shall be expended as allowed under Oregon Administrative Rule 140-80-060 and any other applicable law. SECTION VII - BUDGET FUNDING A. The proposed operating budget shall be developed by the Director, and presented to the User Board for review and adoption. The Agency budget process shall conform to Oregon Budget Law. B. The Director shall forward to each member agency and member jurisdiction, 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 budget shall be distributed by the Director in adequate time for each member agency and member jurisdiction 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 member agency and member jurisdiction 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. below: Funding shall be based upon the cost sharing formula described 1. 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. 2. To the extent that this Agreement is in effect during fiscal year 1994-95, operational costs which exceed anticipated annual 9-1-1 telephone tax revenue, shall be assessed to users on a percentage basis determined by the number of computer aided dispatch entered calls for service, per user. 3. The funding formulas between law enforcement and fire/EMS users in the support of NORCOM shall be as follows: PAGE 7 - INTERGOVERNMENTAL AGREEMENT -~"-''''''-'''''''--''''''''-'''''''''''~ ,"'__~_..,.,.."~,,,. '"',.>l.....w....._,'..___",~_''-<,''_''.."_.,~.,_,,.~~ .w".... ',' (a) In fiscal year 1995-96, needed funding in excess of 9-1-1 telephone tax revenue shall be assessed with law enforcement users paying 65 % and fire/EMS users paying 35% of projected required revenue. 1 . Law enforcement user fees shall be determined by population. Population figures shall be obtained from the most current certified Portland State University annual census statistics available. Each user's percentage of the total shall be the percentage used to assess that user's fee. 2. Fire/EMS user fees shall be assessed to the user's percentage basis determined by the number of computer aided dispatch entered calls for service, per user. (b) In fiscal year 1996-97, needed funding in excess of 9-1-1 telephone tax revenue shall be assessed with law enforcement users paying 60% and fire/EMS users paying 40% of projected required revenue. (c) The 60/40 distribution formula shall be reviewed by the User Board when there is any change in the number of users. The distribution formula may also be reviewed at any time at the discretion of the User Board. In the event new user assessments are negotiated and adopted by the User Board, the assessment formula shall be attached to this Agreement as an addendum. (d) Any changes in the funding formulas concerning law enforcement and fire/EMS users shall be attached to this Agreement as an addendum. E. Notwithstanding subsections A-D above, each member agency and member jurisdiction agree that the User Board shall adopt that portion of the City of Woodburn's 1995-1996 fiscal year budget relevant to 9-1-1 Emergency Services as NORCOM'S 1995-1996 fiscal year budget. F. New users who contract with NORCOM shall 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 User Board with consideration being given toward user call activity, needs for additional staffing and/or equipment to support the new user; whichever is greater. SECTION VIII - EQUIPMENT A. Attached to this Agreement as Exhibit "B", is an inventory of all assets of the communications center, which shall be transferred to NORCOM upon execution of this Agreement. Also identified are those assets located PAGE 8 - INTERGOVERNMENTAL AGREEMENT .." ..... ~<< ~",',",>"'_'_""'_""_"" ,_.,.",,,,",_..__,_.,, .,_,...."_,_..___..._"'_"''''~..,..,.".,~~~...,,...w,_''''''_ within or utilized by the communications center that shall remain the property of member agencies or member jurisdictions. B. The User 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. The User Board is responsible for maintaining the existing base radio stations. Each local entity shall be responsible for purchasing, maintaining and repairing their own mobile and portable radio equipment. If a user wishes to add specific equipment to NORCOM to enhance their operation, it must be authorized by the User Board. C. Individual equipment added by a user must be purchased and maintained by that user. The user and the Director shall maintain inventory records to show what items are NORCOM owned or individual user 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 lending user. In the case of dissolution of NORCOM, all other items, or funds derived from the sale thereof, shall be refunded and distributed to the member agencies and member jurisdictions in proportion to their financial participation averaged over the preceding three-year period. SECTION IX - RADIO FREQUENCIES Nothing in this Agreement is intended to alter or effect the existing proprietary rights of the users in certain radio frequencies. All users shall retain any and all legal rights to radio frequencies which they possessed prior to their execution of this Agreement. SECTION X - INSURANCE NORCOM shall provide such available liability insurance coverage as will suffice to cover its total exposure under the Oregon Tort Claims Act. In addition, each participating member jurisdiction and member agency shall provide its own coverage for any liability which may result from membership in NORCOM. SECTION XI - REVIEW AND EVALUATION This Agreement shall be reviewed annually, prior to December 31 st, by the User Board to evaluate the efficiency of the present organizational structure. SECTION XII - AMENDMENTS The terms of this Agreement may only be amended with the consent of two-thirds of the member agencies or member jurisdictions who have signed this Agreement or any addenda hereto. PAGE 9 - INTERGOVERNMENTAL AGREEMENT or -~... --T-' ....--.... "_.... .....-...--.....--...--...-... SECTION XIII - ADMISSION OF NEW PARTIES Additional member agencies or member jurisdictions, may be added to this Agreement upon such terms and conditions as agreed upon by two-thirds of the member agencies and member jurisdictions who have signed this Agreement. The admission of such additional member agencies or member jurisdictions shall be incorporated by written addenda to this Agreement, signed by all then existing parties and any additional member agencies and member jurisdictions. SECTION XIV - 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 XV - TERMINATION This Agreement shall be automatically extended from year to year. No member agency or member jurisdiction may terminate this Agreement without giving written notice to all other member agencies and member jurisdictions 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 XVI - 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 XVII - INTEGRATION A. This Agreement contains the entire agreement and supersedes any prior written or oral discussions or agreements. B. Specifically, the Intergovernmental Agreement between member Agencies of the Woodburn 9-1-1 P.S.A.P., (executed in 1987) is repealed and replaced by this Agreement. C. To the extent that this Agreement is inconsistent with the Annexation Agreement between the City of Woodburn and Woodburn Rural Fire Protection District #6 (effective July 1, 1984) this Agreement repeals and replaces the provisions of the Annexation Agreement. SECTION XVIII - EFFECTIVENESS OF AGREEMENT This Agreement shall become effective on July 1, 1995. SECTION XIX - COUNTERPARTS PAGE 10 -INTERGOVERNMENTAL AGREEMENT ... -" ..,... - ... --~"--"-""""""",,,"-,,,,,--'-' ,....."..", "~","..,...~....~-~_........._,--"~~''''"_-,-,,,~, This Agreement may be signed in counterparts. Each member agency and member jurisdiction shall send one copy of this Agreement signed by its authorized signatory to: Director, NORCOM, 270 Montgomery Street, Woodburn, OR 97071. Such copy shall also list the name and address of the person to whom all notices under this Agreement are to be sent. MEMBER AGENCIES DATE AURORA FIRE DISTRICT: By: Title: CITY OF AURORA: By: Title: CITY OF DONALD: By: Title: CITY OF GERVAIS: By: Title HUBBARD FIRE DISTRICT: By: Title: CITY OF HUBBARD: By: Title: MONITOR FIRE DISTRICT: PAGE 11 - INTERGOVERNMENTAL AGREEMENT .. .._- "T-' ......-.."._.,., __"O"_.w.~....___"..-.>."-.._...."..,_._". -., ..~,.~.~,";._~,.~-,"".__.... WOODBURN FIRE DISTRICT: By: Title: By: Title: CITY OF WOODBURN: By: L-;7 Title ST. PAUL FIRE DISTRICT By: Title: MARION COUNTY SHERIFF'S OFFICE: By: Title: WOODBURN AMBULANCE By: Title: CITY OF ST. PAUL By: Title: DATE May 9 ~ 1995 PAGE 12 -INTERGOVERNMENTAL AGREEMENT .'.- .... .'T-" -.......,' '..... ,.