Loading...
Interlocal Agreement for Snohomish County Police Staff and Auxiliary Service Center1982 INTERLOCAL AGREEMENT FOR SNOHOMISH COUNTY POLICE STAFF AND AUXILIARY SERVICE CENTER 357 This agreement is entered into and effective this �ddcayo /V Svc of 19SJ, by and beLweLn all the agencies and entities indicated on Exhibit A attached hereto. Re (-- i ta Is A. Th- 1c,(7islattire of the State of Washington has provided through the -Lilter"Local Cooperation Act, as codified in RCW 39.34, et seq, the needed statutory -authority and opportunity for Snohomish County and -she cities, towns, fire districts, hospital districts and miscellaneous service districts to enter into a -contract and agreement to cooperatively establish, maintain and operate a support communications center. B. Prior to 1982 various MUn -CiPalities, agencies and entities located within Snohomish County have entered into an interlocal ti agreement in 1973, the -f:,-L - rst amended interlocal agreement in 1976, and various subsequent amendments thereto, all providing for the operation of a support conjillunication center. C. A need has arisen, as recognized by the Board of Directors of the Snohomish County Police Staff and Auxiliary Services Center to consolidate, amend and make more concise all existing agreements that the Parties hereto have previously entered into with respect to forming t�i.e Snohomish County Police Staff and Auxiliary Services Center, and 1:)y agreeing to -this 1982 Inter'local the parties hereto adopt this Interlocal, and terminate and supersede all prior Inter - locals and amendments. D. It is the continued desire and intent of all parties hereto to enhance both police and fire protection operations as well as emergency medical service operations and other various service operations in Sri ohc,.,rL-'L- s1-i County, all in a manner that will offer OPtim'j-m Opportunities for public support and confidence, effectiveness of Op"­rat"!Is, .cf f icienci('s and economies of operation, cooperation between JU I- isd ic t Lon s, avoidance of unnecessary duplica- tions of expenditures and (-'fforts and for attracting financial assistance from state, federal and private resources for implementation while yet assuring and enhancing the continuance and effectiveness of local policy and administrative control- Of police, fire, hospital, emergency medical service and other operations. Now, therefore, in consideration of the mutual covenants, terms and conditions herein agreed to by each of the agencies, entities, and municipalities who are parties to this agreement, the parties agree as follows: Agreement 1. Continuation of Center. The Snohomish County Police Staff and Auxiliary Services Center, known and referred to as SNOPAC, is hereby continued.in operation so that Snohomish County, various cities and towns and fire districts and various hospital and emergency medical districts and services therein, and such other cities, towns, fire districts, hospital districts and any other related service districts as may enter into this agreement, can most effectively and efficiently cooperate on the basis of mutual advantage by having needed services provided by SNOPAC to each of the agencies and entities participating through this agreement. Through SNOPAC participating parties to this agreement shall jointly utilize those police staff, fire services, hospital serviec_,s, emergency medical services and any other related services including auxiliary service functions which each is authorized to perform and which are assigned to SNOPAC. 2. Duration of Agreement. The duration of this agreement shall commence from the date that all parties hereto shall have approved it as indicated in the method provided by paragraph 10 below. The agreement shall continue in effect until terminated by withdrawal from this agreement of one or mere agencies approving it of such number or population that either three or fewer agencies remain as participants or if more than three agencies remain as participants, such agencies remaining have less than fifty per.ccnt (50%) of the combined popula- tion, of all agencies approving this agreement. Termination of a participating agency shall take effect only after not less than 120 days written notice to SNOPAC and only at the end of any calendar year. 2 0 Fo:-mation, Powers and Meetings of Board of Directors. A board, to b,:: knoan as the Board of. Directors, shall continue and/or be formed to perform the functions and powers as set forth below. The Board of Directors shall consist of seven (7) members, as follows: One representative from Snohomish County. Such representative shall be the County Executive or his designee. The Sheriff of Snohomish County. The Police Chief of the City of Everett Police Department. The Fire Chief of the City of Everett Fire Department. One member of: the Fire and Emergency Medical Services Technical Advisory Conullittee, which member shall be a. member other. than the Fire Chief of the City of Everett Fire Department. Such member shall_ be elected by the members of the Fire and Emergency Medical Services Technical Advisory Committee. One member of the Police Technical Advisory Committee, who shall be a member other than the Police Chief of the City. of Everett Police Department. Such member shall be elected by members of the Police Technical Advisory Committee? One citizen at large, selected as follows: The Snohomish County Executive shall submit two (2) names to the Board of Directors of SNOPAC, designating one (1) person to be a memh,,:r of the Board of Directors, with the other person acting as the alternate member, to attend such board meetings and perform such board functions in the absence of the board member so selected; provided, however, that the two individuals so submitted to the Board of Directors by the County Executive must be registered voters of Snohomish County, reside in an unincorporated portion of Snohomish County, and not be either an official or an employee of any agency or entity who is :a party, to this agreement. Each a jency or entity rc>r:)resk-rnted by a board member, as provided above, i..e., Snohomish County, Snohomish County Sheriff's Office, City of Everett Police Department, City of Everett Fire Department, and Fire and Emergency Medical Services Teclr.nical Advisory Committee, and the Police Tc:-chnical. Advisory Committee, shall designate immediately an alternate for each board member whose name shall ;.�e filed with SINOPAC, its Boal-d of Dirc�cto.rs, and SNOPAC's Director, and who shall act as an al_te,--nate board member and attend all SNDPAC's board mee-tings in lieu of the board member for whom such person Is to act as an alternate at such times as the duly designated ,nei,ibF,,.r is not OthE'1wis�' avai_lal)l_(e to attend the meetings. The alternate shah have full powers to vote and act as a board member at all such meetings that such alternate attends in lieu of the regularly schedul d desi-gnated board member. The members of the Board of Directors shall elect a chairman of the Board of Directors who shall preside at all meetings of the Board of Directors. The director of the Snohomish County Police Staff and Auxiliary Services Center shall act as secretary of the Board of Directors. The Board of Directors shall adopt and when necessary amend bylaws which shall more specifically set: forth the definitional, operational and procedural parameters and functions of the Snohomish County Police Staff and Auxiliary Services Center. The Board of Directors shall be authorized and empowered by virtue of: this agreement to perform all functions and duties as described in the "1982 Bylaws for Snohomish County Police Staff and Auxiliary Services Center." In addition, the Board of Directors shall be authorized and empowered to perform all other functions that may be determined to be necessary to carry out its explicit duties and responsibilities as set forth in the bylaws. One of the duties and responsibilities of the Board of Directors shall be to allocate to participating agencies their financial responsibility for such portion of each year's Qperational cost which is not anticipated to be met from grant or other resources. The following will be used as the basis for distribution of costs but may be modified by board action. The basis by which fifty percent (50%) of this responsibility shall be shared shall be proportionate to the average number of dispatch events annually based on the latest three (3) year period for which records are available. The remaining fifty percent (500) shall be proportional to each agency's regular property tax levy. For purposes of this agreement, the dispatch Bents .records shall be those kept by the Director of SNOPAC. 1ht-,!n a new agency begins participating in this agreement the co:= L of allocation shall be modified in the .following manner: The cost to the agency which would normally be represented by Us portion of the dispatched events will be the same as its share of the budget calculated from the tax levy. This amount shall be subtracted from fifty percent (50 0) of the budget before dispatching costs are allocated to the other participants. After the first full calendar year of participation cost allocation will be as for all other participants. Provided further that the average annual number of dispatch events shall be calculated on a one (1) or two (2) year base, until a three (3) year period of records has been collected. The tax levy for 4 each agency's share of the budget shall be the regular property tax levy certified by the Snohomish County Assessor's Office for t ie current year. In addition, the hoard of Directors shall have the power and authority to determine appropriate agency user costs for those Services which the center may extend to participating agencies, ;municipalities or entities upon request upon determination by the board that such costs should be directly assigned to a user agency rather than shared by all agencies. The anticipated revenues for such services shall be identified in the annual budget and shall not be included in the allocations to be made to the partici- pating agencies as set forth above. 4. Technical Advisory, Committees. Two technical advisory committees shall be formed, one for police services and one for fire and emergency medical services. (a) Police Technical Advisory Committee. The Police Technical Advisory Committee shall be comprised of five (5) members, as follows: The Snohomish County Sheriff; the Chief of Police of the City of Everett Police Department; and three (3) chiefs of police from the police departments of three (3) different agencies approving this agreement other than the City of Everett. Such chiefs of police shall be selected by any entities or parties which have police chiefs and which entities are parties to this agreement. (b) Fire and Emergency Medical Services Technical_ Advisory Committee. The Fire and Emergency Medical Services Technical Advisory Committee shall be comprised of six (6) members, as follows: The Fire Chief of the City of Everett Fire Department and four (4) administrative officers from four (4) different fire departments which are parties to this agreement, and one (1) administrative officer from a hospital di.stri.ct which is a party to this agreement. Such administrative officers must be from a different fire or hospital district and shall be. selected by the Fire Chief or Chief Administrative Officer of the Emergency Medical Services Department of a hospital district, except in the case of the Fire Chief of 5 the City of Everett, who shall be a member of said Advisory Committee. Each Technical Advisory Committee shall be responsible for establishing, reviewing and approving all management operational procedures. All matters which have a budgetary impact are subject to approval by the Board of Directors. Each Technical Advisory 4Coi-nmittee shall also instruct the Director to implement such pro- cedures and, recommendations which may, from time to time, be adopted or approved by unanimous vote of the Technical Advisory Committee. It is intended by this agreement that where the Board of Directors shall determine the services to be rendered by the center, the Technical Advisory Committees shall determine the procedures by which such services shall be delivered and implemented to the agencies signatory hereto. The Technical Advisory Committees shall be standing *Committees and shall meet at such time as the committees shall determine, but at least once a month. Each committee shall select a chairman who shall conduct the meetings and assume such other functions as the committees shall determine. The chairman of each Technical Advisory Committee shall also advise the Board of Directors at its regularly scheduled meetings of the needs of the operating departments serviced by the Center. The Director of SNOPAC shall serve as a nonvoting member of each Technical Advisory Committee. 5. Dis osition of Propel.ty and Funds Upon Dissolution of SNOPAC. The Board of Directors shall be authorized to acquire title to such facilities or equipment as are required for SNOPAC and its operations on behalf of SNOPAC and parties to this agreement. Upon the dissolution of SNOPAC, it and/or the Board of Directors shall compensate each party to this agreement in an amount equal to the then -current resale value of the property in which the party has any financial interest as is proportional to the financial contribution made by that party to this agreement in relation to the other parties to the: agreement during the fiscal year that the particular property was acquired. Additionally, upon dissolution R of this agreement any money in the possession of SNOPAC or the Board of Directors after payment of all costs, expenses and charges validly incurred under -this agreement shall be returned to the parties to this agreement in proportion to their contribution determined as of the time of dissolution. 6. Consultation. The Board of Directors shall advise and consult with the Fire and Emergency Medical Services and Police Technical Advisory Coinmittee as such may be deemed necessary by the Board of Directors as to the scope and content of the services to be undertaken by SNOPAC. 7. Parties to this Agreement and Participation Herein. Each party to this agreement shall be authorized to participate in so many of the programs offered as such party may desire. The annual budget of SNOPAC shall be broken down by each individual program provided by SNOPAC and the financial participation of each party to the agreement shall be determined by the number and cost of the program(s) such party elects to utilize and participate in. An individual party's right to receive services and to participate in any capacity in the functions of SNOPAC shall be suspended when the party fails to include its assigned share for the program(s) in which it participates in its annual budget or fails to transmit to the Board of Directors its assigned payments. Each party to the agreement shall be billed quarterly for its assigned payments. If a party fails to transmit to the Board of Directors; its assigned payments within ninety (90) days of the date the billing to such agency is made by SNOPAC then the Director shall immediately cause to be sent to the nonpaying agency a notice of proposed termination of services and participation, which notice shall give the nonpaying party to this agreement thirty (30) days in which to pay all past due arrearages. If such past due arrearages arc not then paid in full then and in that event the Board of Directors shall have authority to terminate all services to such party and all participation of such party to the functions of SNOPAC. 7 0 8. Filing. As provided by RCW 39.34.040, this agreement shall be filed prior to its entry in force with the city clerks of the participating cities, the County Auditor, and the Secretary of State, and if found to be necessary, with the State Office of Community Affairs, as provided by RCW 39.34.120. 9. Severability. If any section of this agreement is adjudicated to be invalid, such action shall not affect the validity of any section not*so adjudged. 10. Execution of A reement. Each party to this agreement may bind itself with all other parties to -this agreement to form SNOPAC by signing a duplicate original of this agreement and submitting such signed duplicate original to SNOPAC. It is understood that such executioftrshall not require that one original agreement be signed by all parties to this agreement, but that there will be several duplicate originals signed by each party to the agreement. The purpose of this provision is to facilitate the signing of the agreement and to avoid undue delay in the execution of the agreement. This agreement, however., shall be executed on behalf of each party by its authorized repre- sentative and pursuant to appropriate resolution or ordinance of each local government or other entity as the case may be. Each party to this agreement shall be bound to it as of the date it is signed by that party. 11. Amendment. It is specifically agreed by and between all parties hereto that this interlocal agreement may be amended by the'Board of Directors as any duly called regular or special meeting of the Board of Directors, but only after having first given thirty (30) days written notice of such meeting and proposed amendment to all parties to this agreement. 12. Washington State Patrol Law Enforcement Data Communications Systems Request. Because the Advisory Council on Criminal Justice Services and the Washington State Patrol has requested that all participating communications centers, such as SNOPAC, which are terminal users of the Wash-ington State Patrol Law Enforcement Data Communications Systems have certain provisicns in their enabling interlocal agreements concerning responsibility for such communication, the following is specifically agreed to: The Snohomish County Police Staff and Auxiliary Services Center shall bear full responsibility for insuring that the t law enforcement data communications network and any Criminal History Records Information received by means of such network shall be used solely for the purposes of the due administra- tion of the criminal laws or for the purposes enumerated in RCW 43.43.760(3) and Chapter 314, Laws of 1977, First Ex. Sess., as now or Hereafter amended. The Snohomish County Police Staff and Auxiliary Services Center shall establish rules and regulations governing access to, security for, and opera- tion of the data communications network for any Criminal Justice Records information received by means of such network. ti 9 Agreed to: CITY OF EDMONDS Date: Wa—y o r Approved as to form: Tity At, ,,.Xney Agreed to: CITY OF EVERETT Date: Mayo r Approved as"to form: City Attorney Agreed to: CITY OF GOLD BAR Date: Approved as to form: City— Attorney N (A) Roll call. (B) Approval of Minutes of December 21, 1982. (D) Adoption of Ordinance 2341, vacating right-of-way in vicinity of 101 Caspers St. (Hubbard/ST-5-82) (F) Passage of Resolution 540, setting February 1, 1983 as date for hearing on Copy Mart annexation. (G) Authorization for Mayor to sign revised interlocal agreement for SNOPAC. PROPOSED ORDINANCE REGARDING COMPENSATING TIPE FOR NONREPRESENTED, NONEXEMPT EMPLOYEES Item C on Consent Agenda Councilmember Jaech said the Council had been discussing strictly the nonrepresented, nonexempt employees, but the department heads were included in the proposed ordinance. City Attorney Wayne Tanaka explained that the entire compensatory time ordinance for the whole City was redrafted, but there were no changes made to what currently exists for department heads --the changes were only regarding the the nonrepresented, nonexempt employees. He said the current ordinance provides for compensatory time for department heads and assistant department heads, and this ordinance does not change that, but it does put a cap on accumulation of compensatory time by nonrepresented, nonexempt - employees. This proposed ordinance would leave everything status quo except for the nonrepresented, nonexempt employees. Councilmember Gould suggested passing it and then the Council can talk further about any additional changes for exempt employees. MOTION: COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER JAECH, TO ADOPT ORDINANCE 2340 AND AT THE FEBRUARY 22 PERSONNEL MEETING TO REVIEW THE PORTION OF THE ORDINANCE APPLICABLE TO EXEMPT EMPLOYEES. MOTION CARRIED. PROPOSED ORDINANCE REGARDING PLANNING BOARD [Item (E) on Consent Aoendal. Councilmember Naughten referred to 10.40.020A.1. on page 2 of the ordinance and said it was his understanding that all members were to be residents of the City of Edmonds, rather than "At least five members. . ." as stated in the proposed ordinance. That was the consensus of the Council. City Attorney Wayne Tanaka explained that in drafting the ordinance he had used a copy furnished by Mr. Mattson which had that notation penned in, as had the official copy provided to the Clerk. COUNCILMEMBER MOTION: NAUGHTEN MOVED, SECONDED BY COUNCILMEMBER ALLEN, TO ADOPT ORDINANCE 2342 BUT IN 10.40.020A.1. ON PAGE 2 TO STRIKE THE WORDS "AT LEAST FIVE. . ." SO THAT IT READS "MEMBERS OF THE BOARD MUST BE RESIDENTS OF THE CITY OF EDMONDS." MOTION CARRIED. Councilmember Naughten commended Councilmember Gould for his leadership on this issue, saying he thought they were now coming up with a better program and working relationship. Councilmember Hall questioned the wording in 10.40.020B regarding the term of appointment. She noted that following the statement of the length of term it states ". . . and until the successor is appointed and confirmed." She noted that a person may be unable to continue for one reason or another, such as if he moves out of the area. City Attorney Wayne Tanaka responded that most elective offices, including Council positions, have this provision as it provides for situations such as when there is a problem confirming an appointee and there is no quorum --this way the board can still conduct business. AUTHORIZATION TO INCREASE PAYMENT TO WASHINGTON APPRAISAL SERVICE FROM $700 TO $860 FOR LID 211 Item (H) on Consent A endal Councilmember Gould questioned the reason for the increase. City Engineer Jim Adams explained that the appraiser had attended two meetings. One had been at Mr. Adams' office on December 3 at which the appraiser discussed the method of assessment, and the other had been the City Council meeting which he attended to answer any questions. He had been hired by the Rowes, and at the end of the presentation made by the Rowes' attorney the attorney had asked the Council if they would agree to pay the costs, which he assumed were $700, not being aware of the additional $160 for the two meetings. Mr. Adams noted that most of this would still be paid by the Rowes. Councilmember Kasper suggested paying for the hour the appraiser worked with the City Engineer but not for anything else, and Councilmember Gould agreed, saying he saw no reason to pay the $80 unless the appraiser was invited to testify. COUNCILMEMBER MOTION: KASPER MOVED, SECONDED BY COUNCILMEMBER GOULD, TO INCREASE THE PAYMENT TO WASHINGTON APPRAISAL SERVICE FROM $700 TO $780 FOR LID 211. MOTION CARRIED. EDMONDS CITY COUNCIL MINUTES Page 4 - January 4, 1983