HomeMy WebLinkAbout2010-054 Contract - ECSO - Police
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EMERGENCY COMMUNICATIONS
Of SOUTHERN OREGON
EMERGENCY COMMUNICATIONS OF SOUTHERN OREGON
REST A TED INTERGOVERNMENTAL AGREEMENT
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RESTATED INTERGOVERNMENTAL AGREEMENT OF
EMERGENCY COMMUNICATIONS OF SOUTHERN OREGON
RECITALS
WHEREAS, the participating jurisdictions of an emergency communications
agency, formerly known as Southern Oregon Regional Communications and now
known as Emergency Communications of Southern Oregon ("Agency"), have
previously entered into an Intergovernmental Agreement ("rGA") creating the Agency
for purposes of establishing and operating a public safety emergency communications
system inclusive of a 9-1-1 jurisdiction as contemplated by ORS 401.710 to 401.790 that
provides a cooperative and coordinated 9-1-1 primary public safety answering point for
police, fire and emergency medical services for the benefit of all participating
jurisdictions; and
WHEREAS, it is the function of the Agency to provide coordinated alarm,
telephone and public safety communications services for participating parties for the
benefit of the citizens with the undersigned jurisdictions,
WHEREAS, from time to time, by amendment or restatement, the rGA can be
modified to provide, among other things, expanded membership in the Agency; and
WHEREAS, the signatories hereto desire to substantially modify the rGA and
have determined the most practical method for doing so is by adoption of a fully
Restated rGA.
NOW THEREFORE, it is hereby mutually agreed by, between and among the
undersigned to adopt a fully Restated IGA, to be formally known hereafter as the
Restated Intergovernmental Agreement of Emergency Communications of Southern
Oregon ("Restated rGA"), as follows:
TERMS AND CONDITIONS
1. EXPANDED AGENCY TURrSDICTION
The participating jurisdictions, as set forth on Exhibit A, attached hereto and
incorporated herein by this reference, hereby enter into the Restated rGA pursuant
to ORS Chapter 190 to redefine the scope of the Agency's 9-1-1 jurisdiction,
responsible for the provision of 9-1-1 service and public safety communications, to
include all of Jackson County and agree that the Agency will be an
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intergovernmental public entity formed by intergovernmental agreement under
the auspices of ORS Chapter 190, specifically ORS 190.010 and that the Agency will
continue to be known as Emergency Communications of Southern Oregon.
2, POWERS AND AUTHORITY
The Agency is vested with all powers, rights and duties necessary for performing
the function of a 9-1-1 public safety answering point and initiating appropriate
response pursuant to ORS 401.710 to 401.790, or as such are subsequently
amended or replaced by successor statutes, including, but not limited to,
contracting for such services, The agency shall be governed by the governing
bodies set forth in Exhibit "B" attached hereto and incorporated herein by
reference.
3, GOVERNING BODY
a. The Agency shall be governed by a Chief Executive Officers Board ("CEO
Board"), whose membership shall consist of seven (7) participating
jurisdiction representatives from the members as set forth on Exhibit" A"
and as such may be amended from time to time, The three (3) permanent
members of the CEO Board shall be a representative of the Jackson
County Sheriff's Office, as chosen by Jackson County; a representative
each of the City of Medford Police Department and the City of Medford
Fire Department, as chosen by the City of Medford, Two (2) of the
remaining four (4) seats shall be filled by the next largest police agency
and fire agency, (as determined by the participating jurisdiction's user fee
contribution), The remaining two (2) seats shall be filled by one (1) at
large police agency one (1) at large fire agency from the remaining
participating jurisdictions as elected by the Intergovernmental Council
for one (1) year terms, July 1 through June 30, at its last meeting of each
fiscal year. Each participating jurisdiction with a seat on the CEO Board
shall appoint, at its pleasure, one (1) primary representative and one (1)
alternative representative, who may attend and participate, as provided
herein, in all CEO Board meetings in the absence of the participating
jurisdiction's primary representative, Representatives and alternates shall
be an elected official or employee of their respective participating
jurisdictions. A majority of the CEO Board members in attendance at a
duly noticed meeting shall constitute a quorum for purposes of
deliberation and decision. Each CEO Board Member shall have one (1)
vote.
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b, The CEO Board shall be responsible for:
. Approval and adoption of the Agency Strategic Plan
· Approval and adoption of the Agency annual objectives and work plan
· Adoption of general policy guidelines and performance standards for
Agency service levels
. Adoption of the Agency's annual budget
. Approval of all contracts over $50,000.00.
· Serving as the body to hear the final step of grievance procedure for
unclassified employees
· Approval of contract employment terms and conditions for the Agency
Director
c. All meetings of the CEO Board and of its subordinates, the
Intergovernmental Council and User Agency Advisory Group, shall be held
in accordance with Oregon Public Meeting Laws, ORS 192.610 to 192.710, or
as such are subsequently amended or replaced by successor statutes, A
majority of the members of the CEO Board shall constitute a quorum for
purposes of deliberation and decision. All decisions of the CEO Board,
unless otherwise provided herein, shall require at least four (4) members
voting in favor or against any motion for the decision to be officiaL
d. The CEO Board, at its first organizational meeting, or as soon thereafter as
reasonable, shall adopt rules governing its procedures, and including at a
minimum: 1) time and place of regular meetings; 2) method and manner of
calling special meetings; 3) method, term and manner of election of CEO
Board officers; 4) procedures for executing documents on behalf of the
Agency; and 5) Intergovemmental Council and User Agency Advisory
Group rules of procedure.
e, The CEO Board, at its first organizational meeting, shall elect a Chair and
Vice Chair to serve through June 30, 2012. The term of the Chair and Vice
Chair thereafter shall be two (2) years, running from July 1 through June 30
each year, with elections held at the Board's first meeting in even numbered
years whether July or thereafter. The Chair, and in the Chair's absence the
Vice Chair, shall preside over all CEO Board meetings, The Agency
Director, or designee, shall act as Clerk of the Board and be responsible for
providing notices of meetings and keeping of minutes, as required by
Oregon Public Meetings Laws, The CEO Board may establish other officer
positions, in addition to a Chair and a Vice-Chair, as it may deem necessary
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from time to time for itself and/or for the Council and/or User Agency
Advisory Group.
4. INTERGOVERNMENTAL COUNCIL
a, There is hereby established an Intergovernmental Council ("Council")
consisting of the participating jurisdictions as set forth on Exhibit U AU and as
such may be amended from time to time,
b. The Council shall, among other things:
· Nominate candidates and recommend contract employment terms
and conditions for the Agency Director subject to CEO Board
ratification;
· Based upon the direction of the CEO Board, provide oversight and
direction to the Agency Director regarding all Agency operations;
· Review and Recommend implementing policies and strategies for
Agency service levels;
. Review and Recommend all other agency operating policies including
personnel policies;
· Review and Recommend salary levels for all Agency employees
subject to CEO Board ratification;
· Recommend the Agency's annual budget to the CEO Board;
. Provide for an annual audit of the Agency's finances;
· Review and Approve all contracts in amounts up to $50,000.00 or as
otherwise authorized by CEO Board administrative directive;
· Review all contracts over $50,000,00 and make recommendations to
the CEO Board
· Provide direction and advice to the Agency Director regarding
personnel matter and labor negotiations and make recommendations
as to such to the CEO Board.
· Perform other duties and responsibilities that may be assigned by the
CEO Board,
c. The Council, at its first organizational meeting, shall elect a Chair and
Vice-Chair to serve through June 30, 2011. The terms of the Chair and Vice-
Chair thereafter shall be for one (1) year, July 1 through June 30 and elections
for the upcoming term shall be held at the first meeting of the year, whether
July or thereafter. The Council shall meet at least quarterly, and at a time and
place designated by its members. Special meetings of the Council may be
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called by the Chair or any two (2) members upon at least seven (7) days prior
written notice to all Council members.
d, Seven (7) representatives of the Council attending a duly noticed meeting
shall constitute a quorum for the purposes of deliberation and decision, Each
Council member shall have one (1) vote, Approval of a majority of a quorum
attending a duly noticed meeting is required for any action.
5. USER AGENCY ADVISORY GROUP
a, There is hereby established a User Agency Advisory Group ("User Group"),
consisting of one (1) representative appointed from each of the agencies as set
forth on Exhibit U AU and as such may be amended from time to time. User
Group representatives shall be employees of their respective agency.
b. The User Group shall: 1) provide advice and counsel to the CEO Board,
Intergovernmental Council and Agency Director in matters of Agency
operational priorities, policies and procedures; 2) review and recommend
Standard Operating Procedures "SOPs" to the Agency Director for adoption
by the Agency, and 3) provide advice and counsel to the Agency Director in
the development of the Agency's annual operating budget.
c, A majority of the User Group members in attendance at a duly noticed
meeting shall constitute a quorum for the purposes of deliberation and
decision. Each agency representative on the User Group shall have one (1)
vote of those representatives in attendance, Approval of a majority of a
quorum attending a duly held meeting is required for any action.
6. AGENCY DIRECTOR
a, The CEO Board shall select and appoint an Agency Director based upon
qualifications and competence as deemed appropriate by the CEO Board,
b. The Agency Director shall be the chief administrative officer of the Agency
and be responsible for: 1) Agency administration, personnel, purchasing and
budget functions, in conformance with the policies and rules adopted by the
CEO Board; 2) dispatching, phone answering, record keeping, security and
other Agency functions in conformance with the policies adopted by the CEO
Board; 3) hiring, training, discipline and/or discharge of all subordinate
Agency personnel, subject to applicable Agency rules and policies; 4)
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attending and providing executive staffing of the CEO Board,
Intergovernmental Council and User Group meetings; and d) preparing and
presenting to the Agency Budget Committee, not later than the first Monday
in February, a proposed budget for the next budget year.
7. FUNDING
The services of the Agency shall be funded from contributions from participating
jurisdictions, including the assignment of each participating jurisdiction's 9-1-1
excise taxes, and User fees based on a User Formula as determined by the CEO
Board. User Formula contributions shall be paid in four (4) equal installments
and due no later than July 10, October 10, January 10, and April 10 of each year.
Yearly User Contracts, in a form approved by the CEO Board, shall be signed by
each User Agency no later than June 30th for each upcoming fiscal year.
8. EOUlPMENT
a, The CEO Board shall consider and adopt policies relating to ownership and
maintenance responsibilities for equipment necessary for the operation of the
Agency. Upon adoption of such policies by the CEO Board, the Agency
Director shall cause them to be mailed to each participating jurisdiction's city
manager or chief administrative officer, for purposes of review and/or
comment and objection, If no participating jurisdiction provides the Agency
Director with written objections to the policies, within thirty (30) days of their
mailing, the policies shall be conclusively deemed as acceptable to the
participating jurisdictions and the policies shall be effective as of that date.
b. In the event of Agency dissolution, equipment and furnishings not identified
for return to a participating jurisdiction shall be sold, in accordance with
applicable law, and the funds from such sale distributed to the participating
jurisdictions in proportion to their funding contribution to the Agency for the
preceding three (3) year period.
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9, INCREASING MEMBERSHIP
The CEO Board shall develop a method for allowing Agency membership for
other units of local government as such are defined in ORS 190.003. New
participating jurisdictions shall be accepted as members of the Agency only upon
approval of three-fourths (3/4) of all Intergovernmental Council members and
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"
upon their becoming a signatory to the Restated IGA. All participating
jurisdictions shall be responsible for directly or indirectly providing an
emergency service to the public. Emergency services are police, fire, or
emergency medical services,
10. DURATION. WITHDRAWAL AND TERMINATION
This Agreement is perpetual and the Agency shall continue from year-to-year
provided, however, 1) any participating jurisdiction may withdraw from the
Agency upon providing written notice to the CEO Board Chair not later than
June 30 of any year for withdrawal effective July 1 of the following calendar year;
and 2) the Agency may be dissolved upon mutual agreement of all participating
jurisdictions. A participating jurisdiction may withdraw from the Agency
without written notice required herein, only if agreed to by all remaining
participating jurisdictions, Upon withdrawal of a participating jurisdiction, as to
any of the withdrawing agency's equipment that was obtained by a grant, ECSO
shall become fully responsible for adhering to all grant requirements, thus
relieving the withdrawing agency of all such liability. The governance and
funding structure of this agreement may be subject to review by the CEO Board
at any time after completion of four (4) years from the effective date of the
Restated IGA if a review is requested in writing by at least one participating
jurisdiction, or by request of a majority of the CEO Board
11. REMEDIES
If a participating jurisdiction withdraws from this Agency, but fails to provide
necessary notice or to obtain mutual consent of all participating jurisdictions, the
parties agree that the liquidated damages for such action shall be not less than
the withdrawing party's share of the Agency's annual operation costs for the next
fiscal year, as determined by the Agency's User Formula, In the event any party
files litigation to enforce this Agreement, or any portion thereof, the prevailing
party shall be entitled to reasonable attorney fees and costs, including any fees
and costs incurred in an appeal, and as determined by the appropriate court.
12. AMENDMENTS
This Agreement may only be changed, modified, or amended upon three-fourths
(3/4) vote of all participating jurisdictions.
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13. EFFECTIVE DATE
This Agreement shall become effective when it has been authorized by resolution
of a majority of the governing bodies of the participating jurisdictions identified
herein, Notwithstanding Paragraph 9., Increasing Membership, those
participating jurisdictions named herein that do not enter into this Agreement
prior to its effective date, may become members of the Agency upon
authorization by resolution of their governing bodies, provided such
authorization is enacted prior to December 31,2010. Any jurisdiction desiring to
join the Agency after December 31, 2010 may do so subject to Paragraph 9.,
Increasing Membership.
14, PRIOR AGREEMENTS
This Agreement, upon its effective date, supersedes the previous
Intergovernmental Agreement, however, any and all prior agreements of
Emergency Communications of Southern Oregon and/or between the
participating jurisdictions regarding cooperative and coordinated efforts to
provide a 9-1-1 primary public safety answering point for police, fire and
emergency medical services shall remain in full force and effect until modified,
terminated and/or replaced by the participating jurisdictions.
15. SEVERABILITY
The terms of this Agreement are severable and a determination by an
appropriate body having jurisdiction over the subject matter of this Agreement
resulting in the invalidity of any part, shall not affect the remainder of the
Agreement.
16, INTERPRETATION
The terms and conditions of this Agreement shall be liberally construed in
accordance with the general purposes of this Agreement.
17, This Agreement shall be governed in all respects by Oregon law.
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SUBSCRIBED TO AND ENTERED INTO by the appropriate officer (s) who are duly
authorized by resolution to execute this Agreement on behalf of the governing body of
the below-named unit of local government.
Dated: s 15 1 t} Av
Jackson Cou t ,
Dated:
City of Medford
Dated:
City of Central Point
Dated:
City of Eagle Point
Dated:
City of Rogue River
Dated:
City of Jacksonville
Dated:
City of Butte Falls
Dated:
City of Talent
Dated:
City of Phoenix
Approved as to Legal Sufficiency:
10
ICristi L. Hagey
Senior Assistant County Counsel
SUBSCRIBED TO AND ENTERED INTO by the appropriate officer (s) who are duly
( ) authorized by resolution to execute this Agreement on behalf of the governing body of
the below-named unit of local government.
Dated:
Jackson County
/ � -2aj � l� v�' t-
�,
Dated:
City of Medf d
Dated:
City of Central Point
Dated:
City of Eagle Point
Dated:
City of Rogue River
Dated:
City of Jacksonville
Dated:
City of Butte Falls
Dated:
City of Talent.
Dated:
City of Phoenix
10
SUBSCRIBED TO AND ENTERED INTO by the appropriate officer (s) who are duly
authorized by resolution to execute this Agreement on behalf of the governing body of
the below-named unit of local government.
Dated:
Jackson County
Dated:
City of Medford
Dated: `J 1 Z b
City of Central Point
Dated:
City of Eagle Point
Dated:
City of Rogue River
Dated:
City of Jacksonville
Dated:
City of Butte Falls
Dated:
City of Talent
Dated:
City of Phoenix
10
SUBSCRIBED TO AND ENTERED INTO by the appropriate officer (s) who are duly
authorized by resolution to execute this Agreement on behalf of the governing body of
the below-named unit of local government.
Dated:
Jackson County
Dated:
City of Medford
Dated:
City of Central Point
Dated: C N " LIC'e---
City of Eagle Point
Dated:
City of Rogue River
Dated:
City of Jacksonville
Dated:
City of Butte Falls
Dated:
City of Talent
Dated:
City of Phoenix
10
SUBSCRIBED TO AND ENTERED INTO by the appropriate officer(s)who are duly
authorized by resolution to execute this Agreement on behalf of the governing body of
the below-named unit of local government.
Dated:
Jackson County
Dated:
City of Medford
Dated:
City of Central Point
Dated:
City of Eagle Point
Dated: a-4 1 ro
J,�of Rogue River
Dated:
City of Jacksonville
Dated:
City of Butte Falls
Dated:
City of Talent -
Dated:
City of Phoenix
10
SUBSCRIBED TO AND ENTERED INTO by the appropriate officer (s) who are duly
authorized by resolution to execute this Agreement on behalf of the governing body of
the below-named unit of local government.
Dated:
Jackson County
Dated:
City of Medford
Dated:
City of Central Point
Dated:
City of Eagle Point
Dated:
City of Rogue River
Dated:
ZCity of Jacksonville
Dated:
City of Butte Falls
Dated:
City of Talent
Dated:
City of Phoenix
10
SUBSCRIBED TO AND ENTERED INTO by the appropriate officer (s) who are duly
t� authorized by resolution to execute this Agreement on behalf of the governing body of
the below-named unit of local government.
Dated:
Jackson County
Dated:
City of Medford
Dated:
City of Central Point
Dated:
City of Eagle Point
Dated:
City of Rogue River
Dated:
City of Jacksonville
Dated:
City of Butte Falls
Dated:
City of Talent
Dated:
City of Phoenix
10
SUBSCRIBED TO AND ENTERED INTO by the appropriate officer (s) who are duly
authorized by resolution to execute this Agreement on behalf of the governing body of
the below-named unit of local government.
Dated:
Jackson County
Dated:
City of Medford
Dated:
City of Central Point
Dated:
J City of Eagle Point
Dated:
City of Rogue River
Dated:
City of Jacksonville
Dated:
City of Butte Falls
Dated:
hif Talent
Dated:
City of Phoenix
10
SUBSCRIBED TO AND ENTERED INTO by the appropriate officer(s) who are duly
authorized by resolution to execute this Agreement on behalf of the governing body of
the below-named unit of local government.
Dated:
Jackson County
Dated:
City of Medford
Dated:
City of Central Point
Dated:
City of Eagle Point
Dated:
City of Rogue River
Dated:
City of Jacksonville
Dated:
City of Butte Falls
Dated:
City of Talent/
Dated:
City of Phoenix
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�.d
Dated:
Ci f Ashland
Dated:
Rogue River Rural Fire Protection District #1
Dated:
Jackson County Fire District #3
Dated:
Jackson County Fire District #4
Dated:
Jackson County Fire District #5
i
Dated:
Jackson County Fire District #6
Dated:
Jackson County Fire District #9
Dated:
Prospect Rural Fire Protection District
Dated:
Lake Creek Rural Fire Protection District
it
4 Dated:
City of Ashland
Dated: a/O z22z-,4L�
Rogue River Rural Fir rotection District #1
Dated:
Jackson County Fire District #3
Dated:
Jackson County Fire District #4
Dated:
Jackson County Fire District #5
Dated:
Evans Valley Fire District #6
Dated:
Jackson County Fire District #9
Dated:
Prospect Rural Fire Protection District
Dated:
Lake Creek Rural Fire Protection District
it
l.�
Dated:
City of Ashland
Dated:
Rogue River Rural Fire Protection District-1
Dated: Z l0 t✓
<son County Fire District x3
Dated:
Jackson County Fire District #4
Dated:
Jackson County Fire District 95
Dated:
Jackson Countv Fire District ;6
Dated:
Jackson County Fire District A9
Dated:
Prospect Rural Fire Protection District
Dated:
Lake Creek Rural Fire Protection District
11
Dated:
City of Ashland
Dated:
Rogue River Rural Fire Protection District #1
Dated:
Jackson County Fire District #3
Dated:
Jackson County Fire District #4
c
Dated: 4 U,-
Jackson County Fire District #5
Dated:
Evans Valley Fire District #6
Dated:
Jackson County Fire District #9
Dated:
Prospect Rural Fire Protection District
Dated:
Lake Creek Rural Fire Protection District
1 t
Dated:
City of Ashland
Dated:
Rogue River Rural Fire Protection District #1
Dated:
Jackson County Fire District #3
Dated:
Jackson County Fire District #4
Dated:
Jackson County Fire District #5
Dated:,-I-
Evans Valley Fire District #6
Dated:
Jack on County Fire District 49
Dated:
Prospect Rural Fire Protection District
Dated:
Lake Creek Rural Fire Protection District
Dated:
City of Ashland
Dated:
Rogue River Rural Fire Protection District #1
Dated:
Jackson County Fire District #3
Dated:
Jackson County Fire District #4
Dated:
Jackson County Fire District #5
Dated:
Jackson County Fire District#6
Dated:
Jackson County Fire District #9
Dated:
Prospect Rural Fire Protection District
Dated:
Lake Creek Rural Fire Protection District
it
Dated. -t)
�} Greensp ngs Rural Fire pretgcticai District
Dated:
Oregon Department of Forestry
Dated:
Crater Lake National Park
Dated:
_1 �
.5 I2el o r'1� Ctu n�rs !�✓S 1 S
Southern Oregon University
12
Dated:
Greensprings Rural Fire protection District
Dated:
Oregon Department of Forestry
Dated:
Crater Lake National Park
Dated:
Southern Oregon University
Dated: JUrI� -7-, ,Z O/O
Medford Rural rotection District#2
I
i/
12
ll Dated:
J Greensprings Rural Fire protection District
Dated: /z 20/j �f�4� 2�2
O on Department of Forestry
Dated:
Crater Lake National Park
Dated:
Southern Oregon University
Dated:
Medford Rural Fire Protection District#2
12
l Dated:
J City of Ashland
Dated:
Rogue River Rural Fire Protection District #1
Dated:
Jackson County Fire District #3
Dated:
Jackson County Fire District #4
Dated:
Jackson County Fire District #5
Dated:
Jackson County Fire District #6
Dated:
Jackson County Fire District 99
Dated:
Prospect Rural Fire Protection District
'-
Dated:
Lake C eek Rural Fire Protection District
iz
Exhibit "A"
The Emergency Communications of Southern Oregon Restated
Intergovernmental Agreement ("Intergovernmental Agreement") is initially made and
entered into, pursuant to ORS 190.010 and by and among the herein participating
jurisdictions:
Jackson County:
Jackson County Sheriff's Office
Jackson County Roads and Parks
Jackson County Services
Jackson County Airport Authority
The City of Medford:
Medford Police Department
Medford Fire Department
Medford Rural Fire Protection District #2
The City of Central Point:
Central Point Police Department
The City of Eagle Point:
City of Eagle Point Police Department
The City of Ashland:
City of Ashland Police Department
City of Ashland Fire and Rescue
The City of Talent:
City of Talent Police Department
The City of Phoenix:
City of Phoenix Police Department
The City of Jacksonville:
City of Jacksonville Police Department
City of Jacksonville Fire Department
The City of Rogue River:
City of Rogue River Police Department
The City of Butte Falls:
City of Butte Falls Police Department
City of Butte Falls Fire Department
Rogue River Rural Fire Protection District #1
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Jackson County Fire District #3
` ) Jackson County Fire District #4
Jackson County Fire District #5
Evans Valley Fire District #6
Jackson County Fire District #9
Prospect Rural Fire Protection District
Lake Creek Rural Fire Protection District
Oregon Department of Forestry
Southern Oregon University
Crater Lake National Park
Greensprings Fire Protection District
..J
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Exhibit "B"
Chief Executive Officers Board
("CEO Board")
Agency Director
Intergovernmental Council
("Council')
User Agency Advisory Group User Agency Advisory Group
(Fire) (Law)
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