HomeMy WebLinkAboutRES 4237CITY OF RENTON, WASHINGTON
RESOLUTION NO. 4 2 3 7
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE
MAYOR AND CITY CLERK TO ENTER INTO A MEMORANDUM OF AGREEMENT
WITH KING COUNTY AND THE CITIES OF AUBURN, BELLEVUE, FEDERAL WAY,
ISSAQUAH, KENT, KIRKLAND, MERCER ISLAND, REDMOND, SEATTLE, AND
TUKWILA RELATED TO THE FUTURE NEGOTIATIONS OF A PUGET SOUND
EMERGENCY RADIO NETWORK OPERATOR INTERLOCAL COOPERATION
AGREEMENT.
WHEREAS, the City and the Cities of Auburn, Bellevue, Federal Way, Issaquah, Kent,
Kirkland, Mercer Island, Redmond, Seattle, and Tukwila and King County (the "Parties") are
authorized, pursuant to RCW Chapter 39.34, to enter into an interlocal government cooperative
agreement; and
WHEREAS, the Council approved two interlocal agreements regarding the
implementation and the operation of the Puget Sound Emergency Radio Network System
("PSERN"); and
WHEREAS, the PSERN Operations lnterlocal Cooperation Agreement has been revised
and is not in the form approved; and
WHEREAS, so as not to hold up the project any further, the Parties have agreed to enter
into a Memorandum of Agreement to negotiate in good faith to form the Operations lnterlocal
Cooperation Agreement; and
WHEREAS, the current version of the Memorandum of Agreement contains provisions
requiring unanimity in voting and all Parties present to constitute a quorum; and
WHEREAS, the Parties continue to negotiate the terms of the Memorandum of
Agreement regarding those provisions; and
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RESOLUTION NO. 4 2 3 7
WHEREAS, it is the intent of the Council to permit staff to continue negotiation on those
provisions;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES
RESOLVE AS FOLLOWS:
SECTION I. The above recitals are found to be true and correct in all respects.
SECTION II. The Mayor and City Clerk are hereby authorized to enter into a
Memorandum of Agreement, which shall be substantially similar to the form attached hereto as
Exhibit A. This authorization shall be effective in the event that staff is able to negotiate either
a change in the voting from unanimity to majority, or reduction in the quorum requirements, or
both.
PASSED BY THE CITY COUNCIL thisS th day of January '2015.
Approved as to form:
~ ~ 01! /)?AJr-.-__
Lawrence J. Warren, City Attorney
RES: 1655:12/ 4/14:scr
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RESOLUTION NO. 4 2 3 7
EXHIBIT A
Memorandum of Agreement Regarding Future Operation of
The Puget Sound Emergency Radio Network
This Memorandum of A~ement Regarding Future Operation ofPuget Sound
Emergency Radio Network ("MOA") is entered into pursuant to the Interlocal Cooperation Act
(Chapter 39.34 RCW) by and among King County and the cities of Aubum,Bellevue, Federal
Way, Issaquah, Kent. Kirkland, Mercer Island, Redmond, Renton, Seattle, and Tukwila, each a
political subdivision or municipal corporation of the State of Washington (individually, a
"Party") and, (collectively, the "Parties").
Recitals
The Parties determined that it is in the public interest that a new public safety_radio
system be implemented that will provide public safety agencies and other user groups in the
region with improved coverage and capacity, and uniformly high-quality emergency radio
communications. This new system is referred to herein as the 'j>uget Sound Emergency Radio
Network System" or "PSERN System."
Ihe Parties are entering into a separate agreement ("Implementation Period ILA'') that
designates King County to act as the lead agency for planning, procurement, fmancing and
implementation of the PSERN System with the oversight of a joint board established by the
Parties.
I TAs alltherized Wider R:CW 39.34~030! ~P..~~-~~-~~~h.tl?.~~~-!!.!l.~~-!!'?~~P.~!?.f.iL .•. ----·cCollllllelltlSCA01]: D~etedattheCaunty's _]~
corporation to assume the ownership and control of the PSERN System at completion of the ~ '---requ--'.,--_et_. ______ -__ _, __
aGtivities under the Implementation Period ll..A and thereafter throughout the useful life of the
PSERN System.
The Parties mutually desire to commit to the formation of the non-profit corporation, its
governance structure, and other ~erial tenns regarding the future operation of the PSERN
System while allowing the flexibility to work in good faith toward a more complete agreement
for the incorporation of the non-profit and the future operation of the PSERN System.
NOW, THEREFORE, in consideration of the mutual promises, benefits and covenants
contained herein and other valuable consideration, the sufficiency of which is hereby
acknowledged, the Parties agree to the above Recitals and as follows:
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RESOLUTION NO. 4 2 3 7
1. Effective Date· and Term
This MOA shall be effective on the date it is last signed by an authorized representative
of each the Parties, and shall remain in effect until the earlier of the following events: (i) the
Implementation Period ILA is tenninated or (ii) this MOA is superseded by the lnterlocal
agreement described in Sections 3 and 4.
2. Incorporation of PSERN Operator
The Parties hereby agree to create a non-profit corporation, as authorized under RCW
3934.030, to be incorporated in Washington State for the purpose of owning, operating,
maintaining, managing and providing ongoing upgrading and replacement of the PSERN System
throughout its useful life. The future non-profit corporation to be created by the ·Parties is
referred to herein as the "PSERN Operator".
3. Interlocal Agreement; Material Terms
The Parties agree to work in good faith and use best efforts to negotiate and enter into a
future interlocal agreement that will establish the terms and conditions applicable to the future
operation ofPSERN and the incorporation of the PSERN Operator. The Parties commit and
agree that the following tenns and conditions are material to the future interlocal agreement and
shall be included: · ·
a. The affairs of the PSERN Operator shall be governed by a board of directors (the
"Boardj that shall act on bCmalf of aU Parties and as may be in the best interests of
public safety and the PSERN System.
b. The governance and voting structure of the Board shall be substantially as provided
under Sections 4.1 through 4.3 of the Draft Puget Sound Emergency Radio Network
Operator Interlocal Cooperation Agreement ("Draft Operations ILA ") attached as
Exhibit 1 and made a part of this MOA.
c. Agencies using the PSERN System shall·pay the PSERN Operator user fees as
provided for·in the Implementation Period ILA and based on the cost allocation
model attached as Exhibit 4 to the Implementation Period ILA.
4. Additional Terms and Conditions ofloterloeal Agreement
In addition to the material tenns and conditions in Section 3 above, the Parties shall
continue to work in good faith to supplement. negotiate.-&fld._amend and fmalize the Draft
Operations ILA to include additional mutually agreed upon terms regarding the incorporation
and transfer of operations to the PSERN Operator, which are anticipated to include tenns
regarding transfer of employees to PSERN, insurance and liability requirements, and service
levels for the PSERN System user agreements. With the exception of the material tenns and
conditionS in Section 3 above; the Draft Operations H:.A-ILA attached as Exhibit I is not
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RESOLUTION NO. 4237
intended to. be legally binding until signed by an authorized representative of each Party
following any authorization required.by each Party's respective jurisdiction. The Parties aH
commit to working to fmalize ami preseat the Draft Operations ILA in a timeframe that will ,
allow the final interlocal agreement to be presented to the Parties' if respective authoriZing bodies. ,
for mnuoyal in a time and manner· that will enable the PSERN Operator to be fully functioning
no later than full system acceptance as defined under the Implementation ILA.
IN WITNESS WHEREOF, authorized representatives of the Parties have signed their names in
the spaces provided below.
KING COUNTY CITY OF AUBURN
Name _______________ _ Name _________________ _
Title----------------Title------------------
Dme ________________ __ Date _____________ ~---
Attest:
City Clerk ________ _
Approved as to Fonn: Approved as to Fonn:
Deputy Prosecuting Attorney City Attorney
CITY OF BELLEVUE CITY OF FEDERAL WAY
Name Name
Title Title
Date Date
Attest: Attest:
City Clerk City Clerk
Page 3 ofS
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RESOLUTION NO. 4 2 3 7
Approved as to Form: Approved as to Form:
City Attorney City Attorney
CITY OF ISSAQUAH CITY OF KENT
Name Name
Title Title
Date Date
Attest: Attest:
City Clerk City Clerk
Approved as to Fonn: Approved as to Fonn:
City Attorney City Attorney
CITY OF KIRKLAND CITY OF MERCER ISLAND
Name _______________ ___ Name ____________ ___
Title-----------------Title---------------
Date ________________ _ Date _______________ _
Attest: Attest:
City Clerk ________ _ City Clerk __________ _
Approved as to Form: Approved as to Fonn:
City Attorney City Attorney
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CITY OF REDMOND
Name
Title
Date
Attest:
City Clerk
Approved as to Fonn:
City Attorney
CITY OF SEATTLE
Name ________________ ___
Title----------------
Dme ________ ~~-----
Attest:
City Clerk _____________ _
Approved as to Fonn:
City Attorney
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RESOLUTION NO. 4 2 3 7
CITY OF RENTON
Name
Title
Date
Attest:
City Clerk
Approved as to Form:
City Attorney
CITY OF TUKWILA
Name _______________ ___
Title ___________ _
Dme _______________ _
Attest:
City Clerk--------'-----
Approved as to Fonn:
City Attorney