HomeMy WebLinkAboutResolution 2025-19, RiverCom ILACity of East Wenatchee Resolution 2025-19 with Exhibit A
Page 1 of 2 Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1)
City of East Wenatchee, Washington
Resolution No. 2025-19
A Resolution of the City of East Wenatchee, Washington authorizing the
Mayor to execute an Amended and Restated Interlocal Agreement between
Chelan County, Douglas County, the City of Wenatchee and the City of East
Wenatchee to operate a consolidated 911 emergency dispatch facility and
organization (e.g. Rivercom).
1. Alternate format.
1.1. Para leer este documento en otro formato (español, Braille, leer en voz alta,
etc.), póngase en contacto con la administradora municipal alternateformat@eastwenatcheewa.gov, al (509) 884-9515 o al 711 (TTY).
1.2. To read this document in an alternate format (Spanish, Braille, read aloud,
etc.), please contact the City Clerk at
alternateformat@eastwenatcheewa.gov, at (509) 884-9515, or at 711
(TTY).
2. Authority.
2.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to
organize and regulate its internal affairs and to define the powers, functions
and duties of its officers and employees.
2.2. RCW 39.34.030 authorizes the City to enter into an agreement with another
public agency. For an Interlocal Agreement to enter into force, the participating public agencies must take action by ordinance, resolution or otherwise pursuant to law of the governing bodies of the participating
public agencies.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE
AS FOLLOWS:
3. Interlocal Agreement. A true and correct copy of the Amended and Restated
Interlocal Agreement between Chelan County, Douglas County, the City of
Wenatchee and the City of East Wenatchee to operate a consolidated 911
emergency dispatch facility and organization is attached as Exhibit A.
4. Authorization. The City Council authorizes the Mlayor to execute an
Amended and Restated Interlocal Agreement in the form of attached Exhibit-A.
5. Recording and/or publication. Once the Interlocal Agreement is signed by
all necessary parties, the City Council directs the City Clerk to either file it
with the Douglas County Auditor or publish it on the City's website, or both,
in accordance with RCW 39.34.040.
6. Severability. If a court of competent jurisdiction declares any provision in this
resolution to be contrary to law, such declaration shall not affect the validity of
the other provisions of this Resolution.
7. Effective date. This Resolution becomes effective immediately.
Passed by the City Council of East Wenatchee, at a regular meeting thereof on this
4th day of March, 2025.
The City of East Wenatchee, Washington
By
^A^A'~&u^ C^a^A^/
^rilea A. Crawford, M.ay^
Attest:
Anna Laurzl Leon, City Clerk
Approved as to form only:
/^7^
Kyj^Hof^f^n, City Prosecuting Attorney
Filed with the City Clerk: 02-27-2025
Passed by the City Council: 03-04-2025Effective Date: 03-04-2025
City of East Wenatchee Resolution 2025-19 with Exhibit A
Page 2 of 2
Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1)
2025 Amended and Restated Interlocal Cooperative Agreement
Page 1
Final
2025 AMENDED AND RESTATED
INTERLOCAL COOPERATIVE AGREEMENT
RE: THE CREATION AND ADMINISTRATION OF A MULTI-
JURISDICTIONAL PUBLIC SAFETY ANSWERING POINT
This Amended and Restated Interlocal Cooperative Agreement
(“Agreement”) is made this day by and between Chelan County, Washington;
Douglas County, Washington; the City of Wenatchee, Washington and the City of
East Wenatchee, Washington;
WHEREAS, Chelan County is a municipal corporation organized and
existing under the Washington State Constitution and the laws of the State of
Washington, and particularly those set forth at RCW Title 36;
WHEREAS, Douglas County is a municipal corporation organized and
existing under the Washington State Constitution and the laws of the State of
Washington, and particularly those set forth at RCW Title 36;
WHEREAS, The City of Wenatchee is a municipal corporation organized
and existing under the Washington State Constitution and the laws of the State of
Washington, and particularly those set forth at RCW Title 35A;
WHEREAS, the City of East Wenatchee is a municipal corporation
organized and existing under the Washington State Constitution and the laws of
the State of Washington, and particularly those set forth at RCW Title 35A;
WHEREAS, the entities named above, hereinafter "Parties" have formed a
Multi-Jurisdictional Public Safety Answering Point (PSAP), hereinafter
"RiverCom";
WHEREAS, the Parties enter into this Agreement under the authority of
RCW Chapter 39.34 in order to provide for the joint and/or cooperative exercise
of their powers, privileges and authorities to operate a consolidated 911
emergency dispatch facility and organization;
WHEREAS, the Chelan County Board of County Commissioners
authorized the execution of the formation documents for RiverCom at a regular
meeting held on October 7th, 2002, and have authorized execution of this
Agreement at a regular meeting held on__________________, 2025;
WHEREAS, the Douglas County Board of County Commissioners
authorized the execution of the formation documents for RiverCom at a regular
meeting held on November 18th, 2002, and have authorized execution of this
Agreement at a regular meeting held on_________________, 2025;
WHEREAS, the City of Wenatchee City Council authorized the execution
of the formation documents for RiverCom at a regular meeting held on October
10, 2002, and have authorized execution of this Agreement at a regular meeting
held on __________________, 2025;
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WHEREAS, the City of East Wenatchee City Council authorized the
execution of the formation documents for RiverCom at a regular meeting held on
October 22, 2002, and have authorized execution of this Agreement at a regular
meeting held on___________________, 2025; and
WHEREAS, the Parties intend this Agreement to supersede any prior
agreements between the Parties addressing RiverCom operations, including but
not limited to the 2007 Amended Interlocal Agreement. The Parties do not intend
this Agreement to replace any other agreements between the Parties that are not
inconsistent with the terms of this Agreement.
NOW, THEREFORE, in consideration of the premises and promises,
terms and conditions set forth below, it is hereby agreed as follows:
ARTICLE I
PURPOSE
1.01 The purpose of this Agreement is to set forth the terms and conditions
under, which the Parties will jointly and cooperatively form and administer a
regional PSAP that receives calls for emergency assistance from the public, and
dispatches, the appropriate public safety responder(s).
ARTICLE II
CREATION
2.01 By agreement originally dated in October/November 2004 the Parties
created “RiverCom”. The Parties each assigned RiverCom the responsibility for
public safety communications for the purpose of communication and dispatching
for public safety and emergencies in those participating incorporated and
unincorporated areas of Central Washington State which are under jurisdiction
of any Party to this Agreement, or other agencies, entities or jurisdictions that
choose to contract for services with RiverCom (the private or public entities or
agencies other than the Parties to this Agreement and for which RiverCom
provides emergency call receiving and/or dispatch services are referred to as
“Customer Agencies”). RiverCom is a municipal corporation and a separate legal
entity as authorized by RCW 39.34.030(3)b.
2.02 The Treasurer of Douglas County has acted and will continue to act as
Treasurer of RiverCom. There is a special pooled fund, administered by the
Treasurer, which is known as the "RiverCom Fund" into which are deposited all
funds received for the account of RiverCom and from which shall be paid all
proper claims as allowed by the RiverCom Administrative Board in accordance
with the provisions of RCW Chapter 36.22 and any other applicable statutes.
RiverCom employees shall be paid on Douglas County's payroll schedule as part
of Douglas County's function as Treasurer. RiverCom shall provide to Douglas
EXHIBIT A
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County an amount agreeable to RiverCom and Douglas County as compensation
for Douglas County's services to RiverCom by Douglas County. RiverCom
employees are not employees of Douglas County.
2.03 RiverCom is a separate entity answerable only to the RiverCom
Administrative Board. It is separate from any existing emergency response
agency for operational control. Any and all operational and/or procedural matters
not otherwise delegated to the Executive Director shall be decided by the
Administrative Board.
2.04 Each Party is an equal equity partner in RiverCom.
ARTICLE III
SERVICES PROVIDED
3.01 RiverCom shall provide emergency answering, monitoring and dispatch
services for the Parties, customer law enforcement agencies, fire districts and
departments, and public or private ambulance services.
3.02 RiverCom shall provide information from the Washington State Patrol Law
Enforcement Data Communications System to participating law enforcement
agencies.
3.03 RiverCom shall provide answering, monitoring and dispatch services to
assist Customer Agencies in responding to public safety emergencies and other
calls for assistance.
ARTICLE IV
ADMINISTRATIVE BOARD
4.01 Administrative Board Established. There is hereby established an
Administrative Board consisting of the following six (6) voting members:
1. One County Commissioner from Chelan County.
2. One County Commissioner from Douglas County.
3. One elected official to be chosen by the City of Wenatchee.
4. One elected official to be chosen by the City of East
Wenatchee.
5. One elected law enforcement official (Sheriff) from Douglas
or Chelan Counties.
6. One elected fire official (Fire Commissioner) from Douglas
or Chelan County fire districts
4.02 Ex-Officio Members. In addition to voting members, the following
persons are non-voting ex-officio members of the RiverCom Administrative
Board:
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1. The Sheriff of the county not currently serving as a voting member
2. The Police Chief of the City of Wenatchee.
3. The Police Chief of the City of East Wenatchee.
4. A Mayor representing the regional smaller cities.
5. A representative of the North Central Washington Fire Chief’s
Association.
6. A representative of the Greater Wenatchee EMS Council
4.02.A Selection of Elected Law Enforcement Official (Sheriff) Voting
Member. The Sheriffs of Douglas and Chelan counties will serve 2-year rotating
terms on the voting member board starting with Chelan County Sheriff for any
remainder of the current year and one year thereafter.
4.02.B Selection of the Elected Fire Official (Commissioner) Voting
Member. The Fire Chiefs and Commissioners of the North Central Washington
Fire Chiefs and Commissioners Association shall designate the elected Fire
Commissioner to be the voting board member. The term will be at the discretion
of the Association members.
4.03 Quorum. A quorum for the Administrative Board shall consist of any four
(4) voting members. The Chairperson of the Board, or Chairperson pro tem, shall
vote on all issues unless abstaining.
4.04 Alternates. Each agency or group represented by a voting Administrative
Board member, as provided above, shall designate an alternate for each voting
Administrative Board position. The alternate must meet the same qualifications
(elected official) as the primary. Each agency or group represented by an ex-
officio Administrative Board member, as provided above, shall designate an
alternate for each Administrative Board ex-officio position. The names of all
Administrative Board members and alternates shall be sent to RiverCom in writing
to be filed, and shall be updated in writing by each board, council, or commission
whenever the designees are changed, whose name shall be filed with RiverCom.
The alternate Administrative Board member shall attend all of the Administrative
Board meetings in lieu of the Administrative Board member for whom such person
is to act as an alternate at such times as the duly designated member is not
otherwise available to attend the meetings. Alternates for voting Administrative
Board members shall have full powers to vote and act as an Administrative Board
member at all such meetings that such alternate attends in lieu of the regularly
designated voting Administrative Board member.
4.05 Chairperson. The members of the Administrative Board shall elect a
chairperson of the Administrative Board to a one-year term who shall preside at
all meetings of the Administrative Board. The members of the Administrative
Board shall elect a Chairperson Pro Tem for a one-year term who shall preside at
meetings of the Administrative Board when the Chairperson is absent. An election
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shall be held during the last regularly scheduled Administrative Board meeting of
each calendar year to elect the Administrative Board's Chairperson and
Chairperson Pro Tem for the following calendar year.
4.06 Board Secretary. The Executive Director of RiverCom or their designee
shall act as Secretary of the Administrative Board.
4.07 Role and Functions. The Administrative Board shall adopt, and when
necessary, amend, the definitional, operational, and procedural parameters and
functions of RiverCom. The functions of the Administrative Board shall be as
follows:
1. Budget formation, approval and submission to the legislative
bodies of the parties to this agreement as well as to Customer
Agencies.
2. Development of operational priorities, policies and procedures
for systems development, programming, operational and
personnel policies, and equipment usage.
3. Review of the administrative policies of RiverCom as needed.
4. Establishment of policies for expenditures of budgeted items
for RiverCom.
5. Supervision of negotiation and approval of all labor
agreements and amendments to same.
6. Employment, termination and supervision of the Executive
Director of RiverCom.
7. Approval of the Executive Director's proposals for new
equipment.
8. Approval of payment for all accounts payable.
9. Contract for services such as legal advice, technical
consulting, etc.
4.08 Insurance. RiverCom shall obtain and maintain liability insurance and
replacement value insurance covering all equipment owned by RiverCom. The
insurance carrier(s), level of coverage, deductible, and other significant
coverage issues shall be as agreed to by the Administrative Board. Each
Administrative Board member and the Executive Director shall be named as
additional insureds on the liability coverage. RiverCom shall additionally obtain
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and maintain other insurance policies as may be required by applicable law or
as necessary as determined by the Administrative Board.
4.09 Contracting for Services. The Administrative Board may contract with
nonmember public and private organizations or agencies for emergency
communications, alarm systems, and other communication services. Such
organizations or agencies shall be charged a standard rate for these services
as established annually by the Administrative Board.
4.10 Technical Expertise. RiverCom may provide to the Administrative Board
or any Party to this Agreement technical expertise as may be required for proper
operations of their systems and for procurement of their communications
equipment and otherwise in furtherance of the purposes of RiverCom.
4.11 Board Positions Unpaid. No member of the RiverCom Administrative
Board shall be paid for their services thereon.
4.12 Vote Allocation. Each voting member of the Administrative Board shall
have an equal vote in Administrative Board decisions. Ex-officio members and
the Executive Director of RiverCom will not vote on any matters.
4.13 Additional Vote Requirements. All decisions, actions, resolutions and
motions made by the Administrative Board must be made and passed by no less
than four (4) of the voting members of the Administrative Board.
ARTICLE V
RIVERCOM OPERATIONS GROUP
ADVISORY COMMITTEE
5.01 Formation. The RiverCom Operations Group (ROG), consisting of
representatives from any Customer Agency, shall be the sole technical advisory
committee to the Administrative Board and Executive Director. The ROG’s
mission is to support and advise the Administrative Board and the Executive
Director on matters involving 911 call taking and emergency services dispatching
operations; radio communications infrastructure development and maintenance;
subscriber equipment acquisition, maintenance, and replacement; capital facility
planning; Shared Funding distribution; and other matters as deemed appropriate
by the Executive Director. The above ROG duties and responsibilities will be
overseen and managed by the ROG Chair and the Executive Director, and are
advisory in nature and not agency policy setting or controlling.
5.02 RiverCom Operations Group (ROG). The ROG shall be comprised of
representatives from the Chelan/Douglas County Regions law enforcement, fire,
EMS and emergency management agencies. Each Customer Agency may
designate one representative, who is employed by that Customer Agency, to attend
regularly scheduled meetings, and participate on ROG Chair approved working
EXHIBIT A
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groups and/or sub-committees. Only RiverCom Customer Agencies may be
members of the ROG.
5.02.A Chairperson of the ROG. The ROG Chairperson shall be elected by the
ROG membership and serve a one-year term. The Chairperson’s role shall rotate
annually between EMS, fire service and law enforcement. The Chairperson shall
be the official spokesperson of the ROG, and shall preside at all meetings of the
ROG. The Chairperson may appoint a designee to act in their place when
unavailable to attend ROG meetings. If the ROG members are unable to select a
ROG Chairperson, then the Administrative Board shall select a ROG Chairperson.
5.02.B Secretary to the ROG. The Executive Director, or their designee, shall
serve as Secretary to the ROG, and may assign RiverCom staff to support ROG
working groups, sub-committees, or other related activities.
5.03 Authority. The ROG, with the Executive Director’s approval, shall have the
authority to:
1. Recommend operational changes;
2. Provide input on radio communications infrastructure and subscriber
equipment implementation, purchases, and maintenance processes;
3. Recommend updates and/or changes to related information technology and
geographical information systems;
4. Manage and recommend allocations for Shared Funding requests;
5. Provide input regarding capital facility planning;
6. Facilitate the formation of working groups and sub-committees to
accomplish the above tasks; and
7. Conduct other tasks as assigned by the ROG Chair, the Executive Director.
and/or the Administrative Board.
5.04 Roles and Responsibilities. The following outlines the ROG’s roles and
responsibilities for supporting RiverCom’s Executive Director, the Administrative
Board, and the achievement of the agency’s 911 call taking and emergency
services dispatching Core Mission.
1. Shall meet at least every other month, or as deemed necessary by the ROG
Chairperson or the Executive Director, to perform the tasks outlined in 5.03
above, and receive updates from the Executive Director and RiverCom staff
on issues related to 911 call taking and emergency services dispatching
operations, including, but not limited to, Radio Communications; Information
Technology; Geographical Information Services; and Administrative
Services.
2. Discuss matters, and make recommendations to the Administrative Board
related to 911 call taking and emergency services dispatching coordination
with the region’s First Responder agencies, and their respective emergency
EXHIBIT A
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response roles and responsibilities.
3. Annually conduct the review and evaluation of Customer Agency Shared
Funding applications, and make annual funding recommendations to the
Executive Director.
4. Establish working groups and/or sub-committees to facilitate and complete
specific tasks as determined by the ROG Chairperson, the Executive
Director, and/or the Administrative Board.
5. Participate in and support the Executive Director at regularly scheduled
Administrative Board meetings on ROG related matters, initiatives, and
funding recommendations.
5.05 Subcommittee Structure. As determined by the ROG Chairperson or the
Executive Director, the below listed subcommittees shall convene as necessary for
discipline specific discussion, to complete assigned tasks, and provide input and
recommendations to the Executive Director. The lead for each subcommittee will
be determined by subcommittee members.
1. Law Enforcement Services Subcommittee
2. Fire Protection Services Subcommittee
3. Emergency Medical Services Subcommittee
4. Shared Funding Application Committee
5. Technical Advisory Committee
5.06 ROG Reporting. The ROG Chairperson and the Executive Director, or their
designees, shall advise the Administrative Board at its regularly scheduled
meetings of recommendations developed by ROG members and/or subcommittees
of how RiverCom can best meet the operational needs of the departments they
serve.
ARTICLE VI
EXECUTIVE DIRECTOR
6.01 Position Created. There shall be an Executive Director of RiverCom
appointed by the Administrative Board. The Executive Director shall be selected
on the basis of administrative and technical competence and experience.
6.02 Confidential Employee. The Executive Director will be a confidential
employee of RiverCom and will be a part of management's bargaining team during
labor negotiations. The Executive Director will also be responsible for
administering any existing labor agreements covering RiverCom personnel under
their supervision.
EXHIBIT A
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6.03 Responsibilities. The Executive Director shall be responsible for
administration, budget, personnel, dispatching, records, communications, and
other Communications Center functions in conformance with the policies of the
Administrative Board. These responsibilities include the operation, maintenance
and sustainment of the regions Emergency Communications Radio Network.
6.04 Authority. The Executive Director shall have authority and responsibility
to schedule, hire, train and discipline, up to and including termination, all
RiverCom personnel within the documented personnel policy guidelines
established by the Administrative Board, and any existing labor agreements.
ARTICLE VII
FINANCES
7.01 Budget. The Executive Director of RiverCom, with the assistance of the
Administrative Board, shall each year prepare a proposed work and project plan
and a preliminary Budget of revenue and expenditures for the operation of
RiverCom for the next calendar year on or before the date of the first
Administrative Board meeting in September. The Administrative Board shall
approve the preliminary RiverCom Budget on or before the first Administrative
Board meeting in October, and submit said Budget to each jurisdiction served by
RiverCom (Parties and Customer Agencies). Said Budget shall be consistent with
the budgeting, accounting, and reporting system (BARS) as detailed by the Office
of the Washington State Auditor and Douglas County's budget procedures. Said
Budget may be subject to amendment by the Administrative Board as to detail in
accordance with RiverCom's and Douglas County's budget procedures and laws.
7.02 Equipment Replacement and Capital Account. RiverCom's Budget will
include an account entitled "Capital Account”. Each year the Administrative Board
will insure said Account has adequate monies to purchase, replace, or improve
RiverCom equipment which has failed or becomes unreliable. All interest income
which is realized as a result of investing monies in said Account will remain in the
Account. The Administrative Board may, by Resolution, expend funds in the
Account for capital improvements.
7.03 Cost Distribution. In conjunction with the development of the annual
budget, the Administrative Board shall prepare a formula-based methodology that
distributes RiverCom's operational costs among all Parties to this Agreement and
all of RiverCom's Customer Agencies. Operational costs are salaries and wages,
personnel benefits and taxes, utilities, leases, insurance, communications
services, professional services, maintenance, supplies, debt service and other
non-capital costs expended entirely within one budget year. Said formula shall
distribute costs proportionally among the Parties to this Agreement and
RiverCom's Customer Agencies based on each entity's actual usage of RiverCom
services as evidenced by either the number of dispatched events, (which will not
include traffic stops made by law enforcement officers), generated by each Party
or Customer Agency. In July of each year a total count shall be made to determine
EXHIBIT A
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the number of dispatched events each participating agency generated between
July 1st of the year previous to the year in which the budget is being formulated
and June 30th of the year in which the budget is being formulated.
7.04 Billing and Non-payment. Each Party to this Agreement, and each
Customer Agency contracting for RiverCom services, shall be billed by December
15th for the upcoming year. Parties and Customer Agencies may choose to make
an annual payment in full by January 10th of the budget year, or twelve equal
monthly payments, which shall be due by the 10th of each month. Any Party or
Customer Agency falling two (2) months in arrears shall be considered delinquent,
and in that event, the Administrative Board shall have authority to terminate all
services to such Party or Customer Agency and all participation of such Party to
the functions of RiverCom. However, said Party or Customer Agency shall be
liable for its contributions to RiverCom's budget through December 31St of the
year following the termination of the delinquent Party or Customer Agencies
services. The Administrative Board will then redistribute the costs to the remaining
Parties and Customer Agencies contracting for RiverCom services.
7.05 Other Funding. RiverCom may accept donations, grants, or loans of
money, equipment, or services from any lawful source. RiverCom shall also
cooperate in all ways with local, state, and federal government agencies and
any private funding sources to maximize the use of grants or donations for
equipment and operations.
7.06 Enhanced 911 Grants and Taxes Received by Chelan County. Chelan
County agrees to assign and forward all tax and/or grant monies designated by
law for the support of enhanced 911 operations collected by Chelan County to
RiverCom for administration by the RiverCom Administrative Board.
7.07 Enhanced 911 Grants and Taxes Received by Douglas County.
Douglas County agrees to assign and forward all tax and/or grant monies
designated by law for the support of enhanced 911 operations collected by
Douglas County to RiverCom for administration by the RiverCom Administrative
Board.
7.08 Bond Payments. Any bonds issued by the Parties for RiverCom capital
projects, maintenance or operations shall be re-paid from the RiverCom
operations budget, however, each Party's organization is ultimately responsible
to assure its bond payments are made.
7.09 Assets. Assets transferred by any Party to this Agreement to RiverCom
shall be appropriately documented by the Party and RiverCom, and shall
become RiverCom assets. Assets shall be transferred without compensation to
the transferring Party. RiverCom shall be responsible for the operation and
maintenance of said asset(s) after they are transferred to RiverCom. The
acceptance of a Party's asset(s) by RiverCom shall be at RiverCom
Administrative Board's sole discretion.
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ARTICLE VIII
FACILITIES AND EQUIPMENT
8.01 Primary Public Safety Answering Point (PSAP). RiverCom shall be the
primary PSAP for Chelan County and for Douglas County.
8.02 Enhanced 911 Telecommunications Equipment. RiverCom shall own,
operate and fund all emergency telecommunications equipment, networks and
databases necessary to provide enhanced 911 service. In cooperation with
telecommunications service providers, the Administrative Board shall approve
the continuing administration of the Enhanced 911 Emergency Telephone
System insofar as practical for use within the area served by RiverCom. The
Executive Director, under direction of the Administrative Board, shall administer
the Enhanced 911 Emergency Telephone System as an operational function of
RiverCom in accordance with Referendum 42 regarding 911 Emergency Phone
Service Tax Measure (1991). All eligible costs of the operation and administration
of the E911 system as defined by the Revised Code of Washington (RCW) or by
the Washington Administrative Code (WAC) shall be paid with dedicated
Enhanced 911 (E911) tax revenues or State E911 funds.
8.03 Other Equipment. RiverCom shall own and maintain all equipment procured
for purposes of establishing and maintaining operations. This includes all office
furniture as well as office, radio, data, telephone equipment, etc. RiverCom shall
own all future equipment acquired for expansion of operations including any
remote radio equipment deemed necessary.
8.04 Responsibilities of the Parties. The Parties shall be individually
responsible for the provision of equipment for communicating with RiverCom or
between their personnel. Each Party shall retain the responsibility and authority
for its operational departments and for such equipment and services as required
at its place of operations to connect to RiverCom's operations. Interconnecting
equipment may or may not be included in RiverCom's budget as the
Administrative Board shall determine. Each Party shall be responsible for
purchasing, maintaining, and repairing their own base, mobile, and portable
communications equipment including pagers and computers, unless otherwise
provided by RiverCom as approved by the Administrative Board.
8.05 Radio Frequency Licenses. RiverCom shall be responsible for holding,
maintaining and renewing all Federal Communications Commission (FCC) Radio
Frequency Licenses necessary for operations on RiverCom's primary dispatch
channels. In consideration of having access to RiverCom's radio channels;
RiverCom's maintenance of said radio channels and their supporting
infrastructure; RiverCom's support of interagency interoperability; RiverCom's
improvements to the region's overall radio infrastructure; as well as the assurance
that a future terminating Party would not be able to negatively affect the remaining
Parties by legally operating on RiverCom's licensed radio channels, each Party to
EXHIBIT A
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this Agreement has transferred its public safety FCC Radio Frequency Licenses
for its primary dispatch channel(s) to RiverCom. RiverCom shall ensure all FCC
Radio Frequency Licenses include authorization so each Party can use
RiverCom's primary dispatch channels.
ARTICLE IX
ADMISSION OF NEW PARTNERS
9.01 Conditions for Admission. Public entities that are not signators to this
Agreement may be added as parties to this Agreement upon such terms and
conditions as agreed upon by the existing Parties to this Agreement. The
admission of additional parties shall be by written addendum to this Agreement
after approval by the Administrative Board and the subsequent ratification by a
majority of the legislative bodies of all Parties to this Agreement at the time the
additional party is to be added.
ARTICLE X
WASHINGTON STATE PATROL LAW
ENFORCEMENT DATA COMMUNICATIONS SYSTEM
10.01 Provisions for Use. The Advisory Council on Criminal Justice Services
and the Washington State Patrol have requested that all participating
communications centers, such as RiverCom, which are terminal users of the
Washington State Patrol Law Enforcement Data Communications Systems have
certain provisions in their regulations and enabling Interlocal Agreements
concerning responsibility for such communication, therefore, Section 10.02 is
specifically agreed.
10.02 Responsibility. RiverCom shall bear full responsibility for insuring that
the 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 administration of the criminal laws or for the purposes
enumerated in RCW 43.43.760(3) as now exists or may hereafter be amended.
RiverCom shall establish rules and regulations governing access to, security for,
and operation of the data communications network for any Criminal Justice
Records Information received by means of such network.
ARTICLE XI
DURATION AND TERMINATION OF AGREEMENT
11.01 Duration. This Agreement shall continue until the Parties hereto
unanimously agree to dissolve RiverCom.
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11.02 Withdrawal. Except as otherwise specifically provided herein, the parties
to this agreement may not withdraw from RiverCom until after July 1, 2024. Also,
prior to July 1, 2024, the parties to this Agreement cannot change their methods
of dispatch services; for example, the Parties may not setup internal dispatching
services within their own agency. Thereafter, any Party to this Agreement may
withdraw from RiverCom upon at least one (1) year's written notice to the
Administrative Board. Said termination notice must be received by December
31st of the year prior to termination to be effective on December 31st of the
following year. RiverCom will assist the terminating Party with the acquisition of
FCC radio frequency licenses for its dispatch operations, but RiverCom is not
required to surrender any of its FCC licenses nor is RiverCom obligated to agree
to co-license the terminating Party on any of RiverCom's licensed frequencies.
11.03 Distribution of Assets. All equipment purchased or acquired by
RiverCom and used in common for RiverCom purposes shall be retained by
RiverCom upon the withdrawal of any Party to this Agreement. Provided,
however, if this Agreement is terminated and RiverCom is dissolved, the
Administrative Board shall divide the assets of RiverCom according to each
Party's equity position. Frequencies held by RiverCom shall be transferred to the
Party or Customer Agency that held said frequencies prior to RiverCom's
formation.
11.04 RiverCom Obligations at Termination. All legal and financial obligations
incurred by RiverCom prior to termination shall remain RiverCom's.
ARTICLE XII
AMENDMENTS
12.01 Conditions for Amendments. This Agreement may be amended,
supplemented or modified at any time by action of the Administrative Board and
ratification by a majority of the legislative bodies of all Parties to this Agreement.
ARTICLE XIII
PERFORMANCE OF AGREEMENT
13.01 Compliance with All Laws. RiverCom and each Party to this Agreement
shall comply with all federal, state and local laws, rules, regulations and
ordinances applicable to the performance of this Agreement, including without
limitation all those pertaining to wages and hours, confidentiality, disabilities and
discrimination.
13.02 Maintenance and Audit of Records. RiverCom shall maintain books,
records, documents and other materials relevant to its performance under this
Agreement which sufficiently and accurately reflect any and all direct and indirect
costs and expenses incurred or paid in the course of performing this Agreement.
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These records shall be subject to inspection, review and audit by a Party or its
designee, the Washington State Auditor's Office, and authorized federal
agencies. Each Party shall retain all such books, records, documents and other
materials for five (5) years following the termination of this Agreement, or such
longer timeframe as required under the state public document retention schedule.
13.03 Improper Influence. Each Party to this Agreement agrees, warrants and
represents that it did not and will not employ, retain or contract with any person
or entity on a contingent compensation basis for the purpose of seeking,
obtaining, maintaining or extending this Agreement. Each Party agrees, warrants
and represents that no gratuity whatsoever has been or will be offered or
conferred with a view towards obtaining, maintaining or extending this Agreement.
13.04 Conflict of Interest. The elected and appointed officials and employees
of the Parties shall not have any personal interest, direct or indirect, in RiverCom
or its assets and shall be or become an employee of RiverCom which gives rise
to a conflict of interest.
ARTICLE XIV
DISPUTES
14.01 Time. Time is of the essence of this Agreement.
14.02 Conflict. In the event of conflict among the terms and conditions of this
Agreement and federal, state or local law, the inconsistency shall be resolved
by giving precedence of interpretation in the following order:
1. Applicable federal case law, statutes and regulations; then
2. Applicable Washington case law, statutes and regulations; then
3. The specific terms and conditions of any appendix attached hereto;
then
4. The terms and conditions of this Agreement.
14.03 Waiver Limited. A waiver of any term or condition of this Agreement must
be in writing and signed by the waiving Party. Any waiver of a term or condition
of this Agreement shall apply only to the specific act, occurrence or omission
and shall not constitute a waiver as to any other term or condition or future act,
occurrence or omission.
14.04 Dispute Resolution. Disputes, other than those which relate to non-
payment, shall be arbitrated by the Parties pursuant to the rules of arbitration
contained in RCW 7.04A. The arbitrator shall be selected by agreement
between the disputing parties. In the event that an arbitrator cannot be agreed
EXHIBIT A
2025 Amended and Restated Interlocal Cooperative Agreement
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Final
upon, the presiding judge of the Grant County Superior Court shall appoint an
arbitrator.
14.05 Governing Law. This Agreement shall be governed exclusively by the
laws of the State of Washington.
14.06 Venue. The venue for legal action brought by any Party to this Agreement
over the terms and conditions of this Agreement shall be the Superior Court of
Grant County, Washington.
ARTICLE VX
GENERAL PROVISIONS
15.01 Assignment. The Parties may not assign any rights or delegate any
duties under this Agreement, whether by assignment, subcontract or other
means. Any such attempted assignment or delegation shall be void and shall
constitute a material breach of this Agreement.
15.02 Entire Agreement. This Agreement constitutes the entire agreement
between the Parties, and supersedes any and all previous agreements relating to
the creation, funding, operation or maintenance of a regional emergency dispatch
and communications center. This Agreement does not supersede any other
agreements among the Parties relating to RiverCom, unless the other agreements
are inconsistent with or contrary to the terms of this Agreement. In that case, this
Agreement supersedes any other inconsistent agreement, but only to the extent of
the inconsistency. There are no understandings or agreements between the Parties
other than those set forth in this Agreement. No other statement, representation or
promise has been made to induce the Parties to enter into this Agreement.
15.03 Invalid Provisions. The invalidity or unenforceability of any particular term
or provision of this Agreement shall not affect the validity or enforceability of any
other term or provision and this Agreement shall be construed in all respects as if
such invalid or unenforceable term or provision was omitted.
15.04 Counterparts. This Agreement may be executed by the Parties using
duplicate counterparts.
15.05 Filing. Pursuant to RCW 39.34.040, this Agreement shall be filed with the
Auditor of each County and the City Clerk of each City prior to its entry into force
or, alternatively, listed by subject on a Party’s website or other electronically
retrievable public source.
15.06 Legal Assistance. This Agreement has been amended and restated with
the assistance of RiverCom’s legal counsel, Robert R. Siderius of the law firm of
Jeffers, Danielson, Sonn & Aylward, PS. The modifications have been made to
reflect the operations of RiverCom as they have developed since execution of the
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Final
original interlocal Agreement. Robert Siderius also provides legal representation
to the City of East Wenatchee, the Wenatchee Valley Fire Department and to
Chelan County. Robert Siderius is not representing the City of East Wenatchee,
the Fire Department or Chelan County for purposes of drafting the modifications
contained in this Agreement. The City of East Wenatchee and Chelan County
acknowledge that Robert Siderius is providing drafting this this Agreement to reflect
the intent of all parties, and not representing any member or agency individually.
All Parties are encouraged to have this Agreement reviewed by their own counsel.
ARTICLE XVI
INDEMNIFICATION
16.01 Indemnification Clause. Each Party agrees to defend, indemnify and to hold
harmless RiverCom and the other Parties to this Agreement from all claims, loss or
damage, including costs and reasonable attorney fees, resulting from any Party's
sole negligence and from actions or omissions that are solely attributable to any
employee, official, or agent of any Party, including but not limited to the loss or
damage of any nature arising from provision of law enforcement, fire, or emergency
medical services. In addition to and notwithstanding the foregoing, RiverCom is
solely responsible for any liability or claim of liability which arises out of the exercise
or alleged exercise of authority by any employee of RiverCom, and shall defend,
indemnify and hold harmless the Parties from all claims, loss or damage, including
costs and reasonable attorney fees, sustained by any person or property resulting
from the acts or omissions of RiverCom, its employees, officers, agents, or
volunteers, in connection with the performance of this Agreement.
ARTICLE XVII
EXECUTION OF AGREEMENT
17.01 Process for Execution of Agreement. Each Party to this Agreement may
bind itself with all other Parties to this Agreement to form RiverCom by signing a
duplicate original of this Agreement and submitting such signed duplicate original to
RiverCom. It is understood that such execution shall 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 this 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 representative and pursuant to the appropriate
motion, 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.
EXHIBIT A
2025 Amended and Restated Interlocal Cooperative Agreement
Page 17
Final
Adopted DOUGLAS COUNTY, WASHINGTON
BOARD OF COUNTY COMMISSIONERS
CHAIR
VICE CHAIR
COMMISSIONER
ATTEST:
CLERK OF THE BOARD
APPROVED AS TO FORM:
PROSECUTING ATTORNEY
EXHIBIT A
2025 Amended and Restated Interlocal Cooperative Agreement
Page 18
Final
Adopted CHELAN COUNTY, WASHINGTON
BOARD OF COUNTY COMMISSIONERS
CHAIR
COMMISSIONER
COMMISSIONER
ATTEST:
CLERK OF THE BOARD
APPROVED AS TO FORM:
PROSECUTING ATTORNEY
EXHIBIT A
2025 Amended and Restated Interlocal Cooperative Agreement
Page 19
Final
Adopted CITY OF WENATCHEE, WASHINGTON
CITY COUNCIL
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
EXHIBIT A
2025 Amended and Restated Interlocal Cooperative Agreement
Page 20
Final
Adopted CITY OF EAST WENATCHEE,
WASHINGTON CITY COUNCIL
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
EXHIBIT A