Seattle City Council Bills and Ordinances
Information modified on October 20, 2010; retrieved on May 16, 2026 3:20 PM
Ordinance 123401
Introduced as Council Bill 116965
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| AN ORDINANCE relating to 800 MHz emergency radio communication; authorizing the Director of the Department of Information Technology to execute on behalf of the City an Interlocal Agreement between the City of Seattle, City of Tacoma, Eastside Public Safety Communication Agency, King County, Snohomish County Emergency Radio System, and Valley Communications Center for the purpose of interoperable 800 MHz emergency communications within the Puget Sound region; and ratifying and confirming prior acts. | |
Description and Background | |
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| Current Status: | Passed |
| Fiscal Note: | Fiscal Note to Council Bill No. 116965 |
| Index Terms: | INTERLOCAL-AGREEMENTS, EMERGENCY-MANAGEMENT, RADIO, EMERGENCY-SERVICES |
Legislative History | |
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| Sponsor: | HARRELL | tr>
| Date Introduced: | September 13, 2010 |
| Committee Referral: | Energy and Technology |
| City Council Action Date: | September 20, 2010 |
| City Council Action: | Passed |
| City Council Vote: | 8-0 (Excused: Clark) |
| Date Delivered to Mayor: | September 22, 2010 |
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Date Signed by Mayor: (About the signature date) | September 28, 2010 |
| Date Filed with Clerk: | September 29, 2010 |
| Signed Copy: | PDF scan of Ordinance No. 123401 |
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AN ORDINANCE relating to 800 MHz emergency radio communication; authorizing the Director of the Department of Information Technology to execute on behalf of the City an Interlocal Agreement between the City of Seattle, City of Tacoma, Eastside Public Safety Communication Agency, King County, Snohomish County Emergency Radio System, and Valley Communications Center for the purpose of interoperable 800 MHz emergency communications within the Puget Sound region; and ratifying and confirming prior acts. WHEREAS, the City of Seattle applied for Public Safety Interoperable Communications (PSIC) Grant Program funding from the U.S. Department of Homeland Security via the State of Washington, Military Department, Emergency Management Division; and WHEREAS, the City of Seattle was awarded PSIC Grant Program funding to add standards-based technology to existing 800 MHz emergency radios systems to enhance interoperable communications within King, Pierce, and Snohomish counties; and WHEREAS, the Department of Information Technology was granted authority by Ordinance 122781 to accept the PSIC Grant Program funding; and WHEREAS, the Department of Information Technology and representatives from City of Tacoma, Eastside Public Safety Communications Agency, King County, Snohomish County Emergency Radio System, and Valley Communications Center agreed to develop an interlocal agreement to facilitate implementation of the grant and to describe mutual decision making, implementation, operations, maintenance, changes and costs to assure ongoing operation of their connected radio systems; and WHEREAS, pursuant to RCW Chapter 39.34, the Interlocal Corporation Act, any two or more public agencies may enter into agreements with one another for joint or cooperative action, provided that the agreements are authorized by their governing bodies; NOW THEREFORE, BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS: Section 1. The Director of the Department of Information Technology, or his designee, is authorized to execute for and on behalf of the City of Seattle an agreement substantially in the form of the Interlocal Agreement among City of Seattle, City of Tacoma, Eastside Public Safety Communication Agency, King County, Snohomish County Emergency Radio System and Valley Communications Center for the Puget Sound NextGeneration Voice Data Switch Project (PSIC Grant E08354), attached hereto as Attachment 1. Section 2. Any act consistent with the authority of this ordinance taken after the passage of this ordinance and prior to its effective date is hereby ratified. Section 3. This ordinance shall take effect and be in force 30 days from and after its approval by the Mayor, but if not approved and returned by the Mayor within ten days after presentation, it shall take effect as provided by Seattle Municipal Code Section 1.04.020. Passed by the City Council the ____ day of ________________________, 2010, and signed by me in open session in authentication of its passage this _____ day of ___________________, 2010. _________________________________ President __________of the City Council Approved by me this ____ day of _____________________, 2010. _________________________________ Michael McGinn, Mayor Filed by me this ____ day of __________________________, 2010. ____________________________________ City Clerk (Seal) Mark Schmidt DoIT 800 MHz Radio Interlocal Agreement ORD May 11, 2010 Version # 4a Attachments: * Attachment 1 to DoIT 800 MHz Radio Interlocal Agreement ORD 1: Interlocal Agreement among City of Seattle, City of Tacoma, Eastside Public Safety Communication Agency (EPSCA), King County, Snohomish County Emergency Radio System (SERS), and Valley Communications Center for the Puget Sound Next-Generation Voice/Data Switch Project (PSIC Grant #E08-354) INTERLOCAL AGREEMENT AMONG CITY OF SEATTLE, CITY OF TACOMA, EASTSIDE PUBLIC SAFETY COMMUNICATION AGENCY (EPSCA), KING COUNTY, SNOHOMISH COUNTY EMERGENCY RADIO SYSTEM (SERS), AND VALLEY COMMUNICATIONS CENTER FOR THE PUGET SOUND NEXT-GENERATION VOICE/DATA SWITCH PROJECT (PSIC GRANT # E08-354) THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into by and among the City of Seattle, City of Tacoma, Eastside Public Safety Communication Agency (EPSCA), King County, Snohomish County Emergency Radio System (SERS), and Valley Communications Center, hereinafter referred to collectively as the "Parties," pursuant to Chapter 39.34 RCW. PURPOSE WHEREAS the Parties each separately own and operate Motorola SmartZone 4.1 public safety radio systems, and WHEREAS the Parties agree to upgrade their separate systems by installing core P25-compliant infrastructure using Public Safety Interoperable Communications (PSIC) grant funding awarded to the City of Seattle on behalf of the Puget Sound Region, and the City of Seattle agrees to use the awarded PSIC grant funding for this purpose; and WHEREAS the Parties agree to make improvements in interoperability throughout the Region by using Gateways to connect the Master Sites of their upgraded systems through shared Backhaul Links; and WHEREAS prior to purchase of the new Equipment, the Parties agreed to plan for ongoing operation of their connected systems through an Interim Governance Document wherein basic principles of mutual decision making, implementation, operations, maintenance, changes and costs are described; and WHEREAS prior to installation of the new Equipment, the Parties agreed to assure ongoing operation of their connected systems through a final governance document based on the Interim Governance Document wherein mutual decision making, implementation, operations, maintenance, changes and costs are finalized; NOW, THEREFORE, it is agreed that the foregoing Purpose statement is hereby ratified and accepted as part of this Agreement. It is further agreed that: ARTICLE 1 DEFINITIONS 1.1. Agreement means this document and all Exhibits attached hereto. 1.2. Backhaul Link means a physical communications facility that connects systems in different geographic locations. Backhaul Links can be, but are not limited to, microwave radio, fiber optic cable, and circuits leased from a telephone company. 1.3. Design Change means any change to a Party's Radio System that will impact the ability of Subscriber Radios from another Party's Radio System to Fingertip Roam onto the changed system. 1.4. Effective Date means the date when this Agreement is fully executed by an authorized representative of each Party and the requirements in Section 2.6 have been fulfilled. 1.5. Equipment means the core P25-compliant infrastructure defined in Motorola Inc. ("Motorola") work orders 701, 702 and 703 dated June 26, 2009 and Work Order 704 dated October 19, 2009 and attached hereto as Exhibit A, or as amended by the Parties. 1.6. Fingertip Roaming is the capability for Subscriber Radios to travel from one Radio System to another Radio System on pre-designated Talk Groups by changing a setting on the Subscriber Radio. 1.7. Gateway or Interoperability Gateway is hardware and software that provides an interconnection between Master Sites and that allows designated Talk Groups to operate across multiple Radio Systems. 1.8. Interim Governance Document means the "Agreement for Puget Sound Next-Generation Voice/Data Switch Project (PSIC Grant # E08-354)" version 2.1 dated 6/25/2009. 1.9. Master Site means the central electronics equipment used to tie radio transmission equipment and dispatch consoles together into a complete Radio System to provide wide area communications. 1.10. Project Charter means the Puget Sound Next Generation Voice/Data Switch Project Charter attached as Exhibit B. 1.11. Project 25 (P25) is a suite of standards for digital radio communications for use by federal, state, and local public safety agencies in North America. 1.12. PSIC Contract means PSIC Contract E08354 between the Washington Military Department and the City of Seattle attached as Exhibit C. 1.13. Puget Sound Next-Generation Voice/Data Switch Project or Project means all authorized costs and activities relating to installing core P25-compliant infrastructure using PSIC grant funding awarded to the City of Seattle on behalf of the Puget Sound Region, in accordance with the Project Charter, Exhibit B. 1.14. Puget Sound Region or Region means the geographic area of King, Pierce, and Snohomish counties. 1.15. Public Safety Interoperable Communications (PSIC) is a federal grant program intended to help agencies improve the interoperability of public safety communications systems through the use of advanced technological solutions. 1.16. Radio System means all infrastructure necessary to provide wide area radio communications within a specific geography. It includes Master Site equipment, radio transmission equipment, and dispatch console equipment. It does not include Subscriber Radios. 1.17. SmartZone 4.1 is a proprietary radio system designed by Motorola for wide area voice communications. 1.18. Subscriber Radio means an end-user radio, mobile or portable. 1.19. Talk Group means a software-controlled identification system that allows a trunked Radio System to provide repeater access to groups of Subscriber Radios. A Talk Group is essentially equal to a single channel in a conventional radio system. 1.20. Tri-county Regional Interoperability Committee (TRIC) is the committee responsible for joint coordination of the interconnection between Radio Systems in accordance with Article 3, Governance. ARTICLE 2 TERMS 2.1. INTERCONNECTION. The individual systems shall be linked together during implementation as described in the Project Charter, Exhibit B. 2.2. PROJECT MANAGEMENT. The City of Seattle shall appoint a project manager, acting in accordance with the Project Charter, Exhibit B, as a single point of contact between the Parties and Motorola. 2.3. JOINT COORDINATION. The upgraded, linked systems shall be jointly coordinated under the terms of this Agreement. 2.4. COSTS. The Parties shall continue to be individually responsible for all costs related to their individual Radio Systems and for their portion of shared Backhaul Links to other connected Radio Systems. Each Party is responsible for a portion of the cost for the Puget Sound Next-Generation Voice/Data Switch Project. With the exception of the City of Seattle, each Party's cost responsibility is included in the Payment Schedule in Exhibit D. The City of Seattle will have lead agency responsibilities as further described in the Project Charter, will dedicate all PSIC Contract funds to the Project, will pay Project costs that are not covered by the PSIC Contract and other Parties' reimbursements (as further described in the Project Charter), and will guarantee that the other Parties' shares of Project costs shall not exceed the amounts listed in Exhibit D. Upon invoice, each Party agrees to reimburse the City of Seattle that Party's respective share in accordance with Exhibit D. 2.5. SCOPE OF AGREEMENT. The Parties agree to perform their respective obligations as described in the following exhibits attached hereto and incorporated herein: EXHIBIT A: Motorola Inc Work Orders 701, 702 and 703 dated June 26, 2009 and Work Order 704 dated October 19, 2009 EXHIBIT B: Puget Sound Next-Generation Voice/Data Switch Project Charter EXHIBIT C: PSIC Contract E08-354 between the Washington Military Department and the City of Seattle EXHIBIT D: Payment Schedule EXHIBIT E: Next Generation Switch Project Signoff Procedure and Responsibilities In the event of any conflict between documents, these documents have the following order of precedence: 1. PSIC Contract E08-354 between the Washington Military Department and the City of Seattle, Exhibit C 2. This Agreement 3. Puget Sound Next-Generation Voice/Data Switch Project Charter, Exhibit B 2.6. POSTING OR FILING OF AGREEMENT. Within five business days of the last date of execution, the City of Seattle will record a copy of the fully executed Agreement with the Auditors of Pierce and Snohomish Counties and the King County Recorder and will provide notice of the filing and the recording number to each Party. 2.7. DURATION. The term of this Agreement shall be six years from the Effective Date unless terminated earlier in accordance with the provisions of this Agreement. The Parties may extend for a second sixyear term in accordance with Section 3.5. 2.8. PROJECT COMPLETION. The Puget Sound Next Generation Voice/Data Switch Project shall be deemed complete following the successful cutover and acceptance of Master Site and Interoperability Gateway operations by all Parties ("Project Completion"). Upon Project Completion, the Project Charter shall cease to be in effect. 2.9. SUBCONTRACTORS. Each Party, except the City of Seattle, is a Subcontractor under the PSIC Contract and will comply with all requirements applicable to Subcontractors under the PSIC Contract. 2.10. OWNERSHIP. In consideration of the Parties' financial reimbursement and the mutual obligations in this Agreement, after Project Completion and receipt of reimbursement, the City of Seattle will transfer ownership of the three Master Sites and related Interoperability Gateway, including any applicable warranties, to the following Parties: A. One Master Site and related Gateway to The City of Tacoma; B. One Master Site and related Gateway to SERS; C. One Master Site and related Gateways to King County, EPSCA, Valley Communications Center and the City of Seattle, which Parties shall have equal and undivided ownership. The transfer of ownership will be in a manner acceptable to the Washington Military Department in compliance with the terms of the Terms of the PSIC Contract. 2.11. TERMINATION. This Agreement may be terminated at any time in accordance with Section 3.5. 2.12. AMENDMENTS. This Agreement may be amended in accordance with Section 3.5. 2.13. OTHER AGENCIES. Other agencies or jurisdictions may become Parties to this Agreement in accordance with Section 3.5. 2.14. DISPUTES, JURISDICTION AND VENUE. The Parties shall endeavor to resolve disputes in an amicable manner by direct discussions. The Parties may elevate a dispute to the TRIC. The Parties may engage in alternative dispute resolution by mutual agreement. No Party waives its rights to seek legal remedy, the jurisdiction and venue for which shall be King County Superior Court. 2.15. INDEMNIFICATION. Each Party shall defend, indemnify, and hold each other harmless from and against any and all claims, demands, suits, actions, judgments, recoveries, liabilities damages, penalties, costs and expenses, including but not limited to reasonable attorneys' fees, resulting from damage to property or bodily injury, including death, to the extent caused by a Party's breach of this Agreement or the negligent actions or omissions of that Party, or its employees, servants, agents, or officers elected or appointed. The foregoing indemnity specifically covers actions brought by the Party's own employees, and each Party agrees that the foregoing indemnity is specifically and expressly intended to constitute a waiver of immunity under Washington's Industrial Insurance Act, RCW Title 51, but only as to the Party or Parties entitled to indemnity and only to the extent necessary to provide a full and complete indemnity as required under this Section. The indemnification obligation provided in this section shall survive the expiration or earlier termination of this Agreement for the duration of any applicable statute of limitations. 2.16. MUTUAL RELEASE. Each Party agrees to work in good faith to achieve the overall performance goals of the Parties with respect to joint coordination of Radio Systems; however, no Party is providing an assurance of any particular standard of performance to another Party unless expressly provided herein. All Parties hereby mutually release one another from any claims arising from a failure of any Party's communication system or the inability of communications to occur through a Party's system unless such failure is caused by a breach of obligations expressly stated in this Agreement. This release applies to direct claims between the Parties, and does not in any way reduce or limit the indemnification obligation for third party claims under Section 2.15. 2.17. PROJECT APPROVALS. As lead agency, the City of Seattle will use the procedure depicted on Exhibit E to ensure that each Party approves the following project milestones: system design, factory testing of three Master Sites, completion of site installation testing of each of the three Master Sites, and final system acceptance. Additionally, the City of Seattle will communicate all material information provided by Motorola regarding the project. Each Party is responsible for ensuring that the project milestones are acceptable for each Party's individual Radio System and its respective users. So long as it has complied with the requirements of this Section 2.17, the City of Seattle will not be responsible for Radio System failures or problems arising after the transfer of ownership. 2.18. NO THIRD PARTY BENEFICIARIES. No Party to this Agreement is providing an assurance of any particular standard of performance to a third party. Nothing in this Agreement is intended to create a claim or cause of action in favor of a third party in the event there is a failure of a Party's Radio System or the inability of communications to occur through a Party's system. 2.19. ENTIRE AGREEMENT A. This Agreement including all Exhibits contains all of the Agreements of the Parties with respect to any matter covered or mentioned in this Agreement, and no prior Agreement shall be effective for any purpose except as provided herein. B. Severability. Any provision of the Agreement that is declared invalid or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. If the invalidated or illegal provision is essential to one or more of the Parties receiving the benefit of their bargain under this Agreement, the Parties agree to negotiate a replacement provision that shall make that Party or Parties whole to the greatest extent possible. C. Counterparts. This Agreement may be executed in one or more counterparts without affecting the validity of the Agreement. ARTICLE 3 GOVERNANCE Each Party shall continue to manage and operate its individual Radio System and portion of shared Backhaul Links to other connected Radio Systems. The Parties agree to jointly manage the interconnection between Radio Systems according to the following principles: 3.1 The Parties hereby create the TRIC to assure that all provisions of this Agreement are executed. 3.2 The TRIC shall meet as necessary, but at a minimum on a quarterly basis, to discuss ongoing operations and review proposed changes. 3.3 Each Party shall designate one representative to the TRIC to vote on its behalf on decisions affecting the connected systems. A voting representative may designate an alternate if he/she is unable to attend a meeting where voting will occur. 3.4 One voting representative will be selected each year to serve a one-year term as chairperson of the TRIC. Selection of a chairperson will be by simple majority of voting representatives, and will take place at the first meeting following the Effective Date and annually thereafter. The chairperson will call and chair meetings and record, at a minimum, decisions made and actions taken by the group. 3.5 The following decisions shall require 100% consensus by all Parties: A. Termination of this Agreement B. Amendments to this Agreement C. Adding Parties to this Agreement D. Extending this Agreement as contemplated in Section 2.7. 100% consensus is achieved by a unanimous vote of the TRIC. 3.6 Decisions affecting Design Change. It is the intention and goal of all Parties to operate their individual Radio Systems in a manner that facilitates Fingertip Roaming. As a result, any Party undertaking a Design Change to its individual system will first provide the TRIC with notice and will work cooperatively with the TRIC to complete the Design Change in a manner that allows for continued Fingertip Roaming between systems. Notwithstanding this goal, each Party maintains ultimate control over its Radio System. 3.7 Each Party retains the right to disconnect its Gateway(s) without first notifying other Parties if an interconnection begins to degrade performance of its individual Radio System or in the event of an emergency. The Party that disconnects will notify all other Parties as soon as possible. 3.8 Each Party agrees to work together, at its own expense, to diagnose and repair the cause of any issue that leads to degradation or disconnecting of Gateway(s). Once the issue is resolved, the Parties agree to reconnect the Gateway(s). 3.9 To maximize the benefits of the Gateways, the Parties agree to establish naming standards for Fingertip Roaming Talk Groups. SIGNATURES ON NEXT PAGE IN WITNESS WHEREOF, the Parties hereby execute this Agreement. CITY OF SEATTLE ________________________________________ William M. Schrier, Chief Technology Officer ________________________________________ Date EASTSIDE PUBLIC SAFETY COMMUNICATIONS AGENCY (EPSCA) ________________________________________ Leon Kos, Executive Board Chair ________________________________________ Date SNOHOMISH COUNTY EMERGENCY RADIO SYSTEM (SERS) ________________________________________ SERS Board President ________________________________________ Printed Name ________________________________________ Date VALLEY COMMUNICATIONS CENTER ________________________________________ Steve Reinke, Director ________________________________________ Date CITY OF TACOMA ________________________________________ Eric A. Anderson, City Manager ________________________________________ Date ________________________________________ Michelle Lewis-Hodges, Information Technology Director ________________________________________ Date ________________________________________ Robert K. Biles, Finance Director ________________________________________ Date APPROVED AS TO FORM AND LEGALITY: ________________________________________ Assistant City Attorney ________________________________________ Printed Name ________________________________________ Date ________________________________________ Debbie Dahlstrom, Risk Manager ________________________________________ Date ATTEST: ________________________________________ Doris Sorum, City Clerk ________________________________________ Date KING COUNTY ________________________________________ Signature ________________________________________ Printed Name ________________________________________ Title ________________________________________ Date APPROVED AS TO FORM: ________________________________________ Signature ________________________________________ Printed Name ________________________________________ Title ________________________________________ EXHIBIT A: MOTOROLA INC WORK ORDERS 701, 702 AND 703 DATED JUNE 26, 2009 AND WORK ORDER 704 DATED OCTOBER 19, 2009 Work Order 701 Work Order 702 Work Order 703 Work Order 704 EXHIBIT B: PUGET SOUND NEXT-GENERATION VOICE/DATA SWITCH PROJECT CHARTER Project Charter
Project Charter
SignatureApproval of this Project Charter authorizes funding for the planning, design, and implementation of this project.
Version HistoryThis table documents approved versions of this Project Charter.
EXHIBIT C: PSIC CONTRACT E08-354 BETWEEN THE WASHINGTON MILITARY DEPARTMENT AND THE CITY OF SEATTLE EXHIBIT D: PAYMENT SCHEDULE
EXHIBIT E: NEXT GENERATION SWITCH PROJECT SIGN-OFF PROCEDURES AND RESPONSIBILITIES Next Generation Switch Project Sign-off Procedure and Responsibilities This document describes the procedure that will be followed at key project milestones to ensure that all agencies evaluate deliverable and provide necessary approvals for sign-off. The overall procedure is illustrated below, with additional description of roles and responsibilities on the following page.
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