Res 1278 - Agmt Comm Ser Norcom
COUNCIL BILL NO. 1604
RESOLUTION NO. 1278
A RESOLUTION AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT FOR
COMMUNICATIONS SERVICES; ESTABLISHING NORCOM; AND DESIGNATING A
PUBLIC SAFETY ANSWERING POINT.
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
9-1-1 emergency answering, telephone, radio and alarm communications and
dispatching services; and
WHEREAS, the creation of said Agency will provide police, fire and medical aid
service communications within the boundaries of the service area under the control
of single entity; and
WHEREAS, the establishment and maintenance of such services will be of
benefit to the citizens of the undersigned member jurisdictions and the public in
general, NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the City of Woodburn enter into an Intergovernmental
Agreement for Communications Services. 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
agreement on behalf of the city. . /\/'/ ~
Approved as to for~~ ~ \
City Attorney
APPROVED: ~..
Page 1 -
COUNCIL BILL NO. 1604
RESOLUTION NO. 1278
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Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST: fY\~ ,~
Mary ennant, City Recorder
City of Woodburn, Oregon
Page 2 -
COUNCIL BILL NO. 1604
RESOLUTION NO. 1278
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January 23, 1995
January 24, 1995
Janua ry 24, 1995
January 24, 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, 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 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
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E. Fiscal Year - One funded year of operations, beginning on July 1
and ending on June 30 of the following year.
F. Member Agencv - 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 (PSAPl - 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
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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.
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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
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
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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.
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,
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.
PAGE 6 - INTERGOVERNMENTAL AGREEMENT
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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:
(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
PAGE 7 - INTERGOVERNMENTAL AGREEMENT
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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. 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 A, 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-
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.
PAGE 8 - INTERGOVERNMENTAL AGREEMENT
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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.
ECTION 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
PAGE 9 - INTERGOVERNMENTAL AGREEMENT
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
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.
PAGE 10 -INTERGOVERNMENTAL AGREEMENT
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MEMBER AGENCIES
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:
By:
Title:
WOODBURN FIRE DISTRICT:
By:
Title:
PAGE 11 - INTERGOVERNMENTAL AGREEMENT
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DATE
CITY OF WOODBURN:
By: "Y'~ ~ ~
Title Nan ~k ev Ma ;-r7
ST. PAUL FIRE DISTRICT
By:
Title:
MARION COUNTY SHERIFF'S OFFICE:
By:
Title:
WOODBURN AMBULANCE
By:
Title:
CITY OF ST. PAUL
By:
Title:
PAGE 12 -INTERGOVERNMENTAL AGREEMENT
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DATE
January 24, 1995