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HomeMy WebLinkAbout2011-009 YAKCORPS Fund Creation [Yakima Consortium for Regional Public Safety]ORDINANCE NO. 2011 -09' AN ORDINANCE relating to funds and accounts; creating YAKIMA CONSORTIUM FOR REGIONAL PUBLIC SAFETY ( YAKCORPS) Fund; designating the sources of revenue and permissible expenditures from such fund; and enacting Chapter 3.120 "YAKIMA CONSORTIUM FOR REGIONAL PUBLIC SAFETY ( YAKCORPS) Fund" as a new Chapter and Sections 3.120.010, 3.120.020 and 3.120.030 as new sections of the City of Yakima Municipal Code. WHEREAS, per Chapter 3, Section A of the Budget, Accounting and Reporting System (BARS) manual, since the resources for YAKCORPS being held by the City of Yakima as their Fiscal Agent are not available to support City operations and programs, an Agency Fund will be established for the financial operations Hof YAKCORPS. WHEREAS, by RESOLUTION NO. R- 2010 -84 the City Manager was authorized to sign the "YAKIMA CONSORTIUM FOR REGIONAL PUBLIC SAFETY INTER -LOCAL AGREEMENT" including authorization to approve and execute the AGREEMENT as revised or amended hereafter in consultation with, other participating jurisdictions. WHEREAS, per ARTICLE 11- FISCAL AGENT of the "YAKIMA CONSORTIUM FOR REGIONAL PUBLIC SAFETY INTER - ,LOCAL AGREEMENT" the City of Yakima shall act as fiscal agent for YAKCORPS. WHEREAS, at the November 4,''2010 Executive Board meeting the Executive Board directed all expenditure requests to be forwarded to, and approved by, YAKCORPS Fiscal Agent prior to any member, or any IPSS project team member, making a purchase, placing an order and /or incurring a debt or liability'to YAKCORPS. WHEREAS, at the November 4, ;2010 Executive Board meeting the Executive Board authorized YAKCORPS's Fiscal Agent to take whatever actions are necessary to ensure that all payments made on behalf of YAKCORPS are in compliance with the requirements of applicable regulating agencies. WHEREAS, per Article 12 Annual Budget of the "YAKIMA CONSORTIUM FOR REGIONAL PUBLIC SAFETY INTER -LOCAL AGREEMENT" under the direction of the Operations Board an annual budget for YAKCORPS will be prepared. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Chapter 3.120 "YAKIMA CONSORTIUM FOR REGIONAL PUBLIC SAFETY ( YAKCORPS) Agency Fund" 3.120.010, 3.120.020 and 3.120.030 thereof are hereby enacted as a new chapter and new sections of the City of Yakima Municipal Code to read as follows: Chapter 3.120 Yakima Consortium for Regional Public Safety ( YAKCORPS) Agency Fund Sections: 3.120.010 Fund created — Purposes. 3.120.020 Source of Funds 3.120.030 Expenditures 3.120.010 Fund created — Purposes. There is created an agency fund to be known as the "Yakima Consortium for Regional Public Safety (YAKCORPS) ". Money in this fund shall be collected and used for financial operations of YAKCORPS. Financial transactions for YAKCORPS shall comply with the Inter -Local Agreement establishing YAKCORPS and any decisions made by the Executive Board and /or General Membership Board. 3.120.020 Source of Funds. Funding sources for the operations of YAKCORPS will include sources listed in Article 10, Section A, Consortium Resources and Expenditures of the Inter -Local Agreement for the establishment of YAKCORPS 3.120.030 Expenditures. Expenditures from such fund shall be for the purposes listed in Article 10, Section B, Consortium Resources and Expenditures of the Inter -Local Agreement for the establishment of YAKCORPS. Section 2. This ordinance shall be in full force and effect thirty (30) days after its passage, approval and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 15th day of February, 2011 Micah Cawley, Nfayor ATTEST City Clerk Publication Date: February-18, 2011 Effective Date: March 20, 2011 2 E BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting Of Feb. 15, 201*1 ITEM TITLE: An Ordinance creating the Yakima Consortium for Regional Public Safety (YAKCORPS) Agency Fund. SUBMITTED BY: Finance Department CONTACT PERSON/TELEPHONE: Cindy Epperson, Dep. Director of Accounting & Budgeting/575-6070 SUMMARY EXPLANATION: The Yakima Consortium for Regional Public Safety (YAKCORPS) is the governance structure for operating and maintaining the county-wide multi-discipline public safety system which is the results of the Integrated Public Safety System (IPPS) project. The Inter-Local Agreement (ILA) establishing YAKCORPS defines the structure and purpose and authority of YAKCORPS. Council approved the ILA by Resolution 2010- 84 at their July 6, 2010 meeting. ARTICLE 11 Fiscal Agency of the ILA states that the City of Yakima shall act as fiscal agent for YAKCORPS. Since the resources the City is holding for YAKCORPS are not available to support City operations and programs, an Agency Fund is the appropriate fund type to be set up. The Finance Department is proposing that a new agency fund should be established to account for the financial activity for YAKCORPS. The proposed new fund would be Fund 632-Yakima Consortium for Regional Public Safety (YAKCORPS) and would be authorized by the attached ordinance. Since the budget is the responsibility of YAKCORPS, an appropriation ordinance is not required. The new fund's budget will be maintained as set forth in the ILA. Resolution Ordinance I Other (Specify) Contract Mail to (name and address): Phone: )ans if IIII STAFF RECOMMENDATION: Pass Ordinance establishing the new fund. I!, COUNCIL ACTIOW, 0 MEMORANDUM May 26, 2010 To: Honorable Mayor and Members of City Council Dick Zais, City Manager From: Rita DeBord, Finance Director Subject: Update — Regional Integrated Public Safety System Project (IPSS) On Monday, May 24, 2010, the IPSS project team held a meeting for elected officials from all public safety governmental agencies / jurisdictions in Yakima County; including law enforcement, fire fighters, 911 call centers, dispatch, department of corrections / jails, and prosecuting attorneys. • The purpose of this meeting was to (1) provide a status update on the project, (2) provide an overview of the proposed Interlocal Agreement (ILA) which, if approved, will establish a consortium of public safety agencies/ jurisdictions, and (3) address questions and /or concerns relative to the ILA and the proposed public safety systems project — including project funding and estimated costs. Approximately 60 individuals attended this meeting representing County Commissioners, Valley Mayors, City Council Members, City Managers, Police Chiefs, Fire Chiefs, the County Sheriff's Office, Fire Commissioners, Prosecuting Attorneys, the County Department of Corrections, and other key individuals responsible for various public safety activities within the county. (Note: The City of Yakima was represented by Council Members Adkison and Lover; the City Manage; the Police Chief, Deputy Chief and other police officers; the Public Safety Communications Manager; a Prosecuting Attorney, the Finance Director and Information Systems Division staff.) There were a number of questions and considerable discussions regarding various aspects of the proposed consortium and computer systems project with regard to costs, funding and benefits. Some of the members of the project's Executive Committee (including Yakima Council Member Bill Lover) made up a panel of individuals who addressed questions and concerns brought up at the meeting. The discussions continued until all questions had been addressed. County Commissioner Leita and City Manager Dick Zais along with others, stated • their strong support for and commitment to this project. Pa ^_c I of 2 County Commissioner Elliott, who is also the Chair of the IPSS project executive committee, concluded the meeting by stating that Yakima County and the City of Yakima want to move forward with the establishment of the consortium and the implementation of these critical public safety systems. And, hearing no strong sentiment to the contrary, he directed the project team to finalize and distribute the Interlocal Agreement to all parties by June 4t"; he requested that the governing bodies of all agencies /jurisdictions consider adoption of the ILA and asked that they do so by the end of June, 2010. (This is scheduled for Yakima City Council's agenda on June 15, 2010, for your consideration.) A copy of the materials handed out at this meeting are attached. These materials include: Meeting Agenda Meeting announcement and invitation from Commissioner Elliott dated 5 -7 -10 IPSS project organization chart Project Milestones Benefits of a the proposed Integrated Public Safety Systems Purpose and Highlights of the Interlocal Agreement (ILA) Chart depicting the proposed structure of the ILA Project Scope — Overview • Estimated Purchase and Implementation Costs and Funding Sources (of the public safety systems project) Allocation Methodology for Consortium's on -going support costs The draft Interlocal Agreement, as of 5 -24 -10 (note this draft is very close to final, with only minor adjustments anticipated for some legal and housekeeping updates) P L�c2o, • • • IPSS Project County -wide Elected Officials Public Safety Systems Meeting May 24, 2010 Yakima Convention Center AGENDA Welcome Meeting Overview Regional Public Safety Systems Today's Reality Tomorrow's Vision Consortium Interl-ocal Agreement: 1. Highlights (Body of ILA) Commissioner Elliott George Helton and Rita DeBord Sheriff Irwin and Wayne Wantland George Helton and Rita DeBord 2. Attachment "A ": Project Funding and Costs 3. Attachment "B ": On -Going Support Costs / Allocation Vendor Updates: Spillman - Contingent Purchase Agreement - Final Negotiations Pending Prosecutors System — Negotiations In- Process (Pending) Group Discussion Next Steps Direction to Project Team FA05 -24 -10 IPSS MtgWgenda - Co -wide Electeds Mtg (3).doc Last printed 5/21/2010 2:41:00 PM Randy Beehler.- Moderator Panel — Members of Project's Executive Comm. Project Executive Comm. Members • Integrated Public Safety Systems (IPSS) Project May 7, 2010 To: Yakima County Commissioners Mayors and Council Members — all Cities within Yakima County Fire Commissioners — all Fire Districts within Yakima County Yakima County Sheriff Yakima County Prosecuting Attorney City Managers and Administrators - all Cities within Yakima County From: Rand Elliott, Yakima County Commissioner, and IPSS Exec. Comm. Chair Subject: IPSS Project Update and Notice of Upcoming Meeting This memo is being sent to elected officials of public safety agencies and jurisdictions within Yakima County and other key officials and employees. The purpose of this memo is to advise you that the Integrated Public Safety Systems (IPSS) project is nearing the completion of a very critical project milestone and preparing to take the next major step toward the implementation of new, integrated public safety systems across the entire county. This memo will provide a brief update on the project status and is notification of, and an invitation to, a critical upcoming meeting. Background: The project team has been diligently working since early January of this year on an InterLocal Agreement that would establish a Consortium of local governmental agencies whose purpose is to join resources to purchase, operate, maintain and utilize regional public safety systems for governmental agencies / jurisdictions throughout Yakima County. The project team is nearly ready to roll -out the InterLocal Agreement to all such entities for review, with a recommendation for adoption. When completed, the ILA will include verbiage defining the Consortium, including its purpose, membership, governance, structure and responsibilities. It will also include project cost and funding information and on -going operating and support costs and the allocation thereof to the Consortium participants. The project team is holding a meeting next week with the key system users (Sheriff /Police Chiefs, Fire Chiefs, DOC Director and others) to obtain their final review and input on the ILA. The ILA will be updated as necessary from this meeting and then distributed to all jurisdictions for review; a copy will be forwarded to you via email as soon as it is available. Meeting Notice: A meeting for elected officials, and their key officers and employees, is being scheduled for Monday, May 24, 2010 from 2:00 to 4:00 pm at the Yakima Convention Center. The purpose of this meeting is to provide a forum for all agencies /jurisdictions to discuss, as a group, any issues or concerns they may have and to address questions and /or clarify understandings. • Page 1 of 2 \\Apollo\ Users\ rdukart\YAKCORPS\Memo's \05 -24 -10 Mtg Notice - Elected Officials.doc As noted above, the project team anticipates that the InterLocal Agreement will • be ready for distribution to you sometime the week of May 17th; so you'll have some time to review it in advance of this meeting. The information that will be made available to public safety agencies /jurisdictions through the utilization of county -wide integrated public safety and related systems will provide tremendous benefits to public safety agencies, jurisdictions, and employees throughout our county, as well as to the citizens that we serve. I hope that each of you will be able to attend the meeting on May 24th, as it is imperative that we hear the issues and concerns of our partners in this effort and that we all work together to establish a county -wide public safety Consortium, which will facilitate the purchase, implementation, operation, maintenance and utilization of critical integrated public safety systems for our entire region for years to come. Rita DeBord (Finance / Technology Director, City of Yakima: # 575 -6053) and George Helton (Technology Director, Yakima County: # 574 -2005) are working together to steward this project through its necessary steps and will be coordinating the efforts to finalize the ILA and to plan the review meeting noted above. Should you have any questions, please feel free to contact either of them or me for further information. Thank you. C cc: Fire Chiefs — all Cities within Yakima County Police Chiefs — all Cities within Yakima County Dept. of Corrections Director, Yakima County Yakima Communications Center Director IPSS Project Sub - Committee Members Other IPSS Key Project Members George Helton, Technology Director, Yakima County Rita DeBord, Director of Finance and Technology, City of Yakima • Page 2 of 2 \ \Apollo\ Users\ rdukart\YAKCORPS\Memo's \05 -24 -10 Mtg Notice - Elected Officials.doc 0 0 0 Public Safety Data Access Task Force (YAKCORP) Executive Committee • Rand Elliott, Chair • Bill Lover • Ken Irwin • Rick Ensey • James Hagarty • Dick Zais • Ed Campbell • Sam Granato • George Helton • Wayne Wantland • Brian Vogel • Rita DeBord RFP Administrator • James Restucci Project Co- Chairs • Sue Ownby • George Helton Admin. Assistant • Rita DeBord • Robin Dukart RFP Evaluation Sub Committees 1. CAD /911 Call Center 2. RMS /Records Dave Thompson, Co -Chair 3. Mobile Data Corirme Choy, Co -Chair 5. Prosecutor 6. Technology 4. Jail / DOC Susan Arb, Co -Chair George Helton, Co -Chair Wayne Wantland, Chair A A A A A A A A A A k A Phil Schenck, Co -Chair Kelly Rosenow, Co -Chair Cynthia Martinez, Co -Chair Corinne Choy, Co -Chair (1 vote per entity w/ dispatch center (I vote per agency as noted below) AAA AAA Ed Campbell, Co -Chair A A A A A A A A A A A A as noted below) • County: Debbie Martin, tY (I vote per agency as noted below) A A A A A A (1 vote per agency w/ court (1 vote per entity w/ Tech. Dept. • CountySheriff: Maria Carriann Ross (1 vote per agency with jail as noted below) as noted below) below) Davilla, Diane Caldwell • Grandview PD: Kathy Huth • Sunnyside: Jeff Cunningham as noted • County: Mike Martian, • Granger: Becky Pina •County Sheriff: Dave Thompson • County Susan Arb h' Michael McKinzie, Mike • County 911: Bill . Moxee: Casey Schileroot • Lower Valley FD 45: Ken Shipman County: Kevin Charlton • Yakima: Cynthia Martinez Tibbetts, Richard Springsteen Blomberg Selah: Brett Reaves, Jack O'Dell • West Valle FD # 12: Darin Deccio Y • Grandview: Kathy Huth • Sunnyside: Deferred to Co- • Surm side: Phil Schenck, Y • Grandview PD: Kathy •Sunnyside: Phil Schenck, •Grandview PD: Kathy Huth • Sunnyside: Phil Schenck Chairs, (Mark Kunkler) Troy Huff Y Huth • FD #5: Ken Shipman Melissa Day, Jeff Cunningham • Granger: Rebecca Pena Andrew Gutierrez • Yakima: Tom Sellsted, • Wapato: Jose Valencia, • Sunnyside: Andrew •Toppenish: Sheryl Newman •Moxee PD: Casey Schilperoort Ray Yocom Bruce Benscoter Gutierrez • Union Gap: Monte McNeimy • Selah: Jason Horton, Tracy Rosenow •Yakima: Maritza Martinez • To enish: Sheryl pp ry • Wapato: Neccie Logan, • Tieton: Juan Ceja Fran Nettleton Newman Angela Stiner • Toppenish: Damon Dunmore • Yakima: Katy Ybarra, • Yakima: Cesar Abrea, Chris • Union Gap: Justin Heilman, Monty Francie Moritz, Corinne O'Neal McNearny Subject Matter Experts Subject Matter Experts Choy, Brenda Cantu • Wapato: Mike Deccio .Yakima: David Willson, Tim Subject Matter Experts Bardwell • East Valley FD #4: Mike Riel (Update 5/01/10) Subject Matter Experts Subject Matter Experts Subject Matter Experts • YAKCORPS (Yakima Consortium of Regional Public Safety) Project Milestones May 14, 2007 "Public Safety Data Access Taskforce" formed December 2007 Yakima City Council and Yakima County Commissioners each authorized $10,000 for project expenses in 2008. March 19, 2008 RFP Released April 11, 2008 Vendor Pre -Bid Meeting April 28, 2008 Vendor Intent to Bid Deadline July 14, 2008 RFP Response Deadline ( 7 Vendors Responded) July 28, 2008 Executive Committee reviewed Project status and formally authorized Project Team to proceed - high priority September 8, 2008 RFP Evaluation Committees Orientation Meeting September 15, 2008 RFP Evaluation Committees commenced review Sept - Nov 2008 Evaluation Committees completed their initial review of Vendor RFP responses December 2008 Yakima City Council and Yakima County Commissioners each authorized $10,000 for project expenses in 2009. January 26, 2009 Task Force Executive Committee accepted scoring results of RFP review committees and authorized vendor demos. February 2009 Selection of Vendors for Prosecutor's Demonstrations April 2009 Public Safety Systems Vendor Demonstrations • May 2009 Prosecutor's System Vendor Demonstrations Page 1 of 2 Rd YAKCORPS- Milestones.doc (5/21/10) ;�`a� «;', ".'9,):',. - r,.xw�y*- sx. ,':I.M;,r•;.. :ir"�', - ?',tn,u,�"e� \'�_- _ .,�7`, •, :7::w:t!. .x •, .uoi..v;v, :��. ::r - - „-s- `."kq.,. �f;'a:. - ,3r -. `!' ,e 4< iii rJ��ii• 1u., �Y'7a afrst ... .,s,���i ?�;. *.:;�;i:':Skr;�:' _;M.:rr•�, :..,; a:,�:,r.,;. :.�,. #�d."�3":..•.Y'- y�it'�; .a� us wa.'.- '.� 5t�a4 �1,., �. • ..f"^ . v . a' �..A. . a,;,, .;ix.•_,`:��`” � - •��+ `''lam:. � "`.�_ ,,,� - A?- -r�,s:.'srN:,�u� � -.2�.. ��t2�t'ia't• a�'� ,A, =.�^'.c' ". .1n�;g.;.ti 1a,'r,,� -. "�''ti s a€ � w, r, "�. aj•. �'d,;Fr�r��:.:a':�.. . aS ra ;. s' �, 1: K. r.. s= st ...._.>.�;.Ytieiwa`i;,: ?ta�.n; g�i�ss•�.�e:r �-, . � . � Ga .:iq.�a,la` � _ _ �',�44 uM..., "''� r'.`.,,�.: • YAKCORPS (Yakima Consortium of Regional Public Safety) Project Milestones June 2009 Committees approve Vendor Demonstration Scoring results August 2009 Executive Committee accepted Sub Committee's Recommendations and authorized contract negotiations with the 2 Preferred Providers (Spillman & Justware) December 2009 Received notification of $500K Federal Appropriation December 2009 Contingent Purchase Agreement with Spillman for Public Safety Software approved by the County Board of Commissioners December 2009 Yakima City Council and Yakima County Commissioners each authorized $10,000 for project expenses in 2010. January 2010 Received notification of $500K Federal Appropriation Jan — May 2010 Project team worked to draft Interlocal Agreement to establish Public Safety Consortium Next Major Milestones: I/P Interlocal Agreement I/P Public Safety Software Contract I/P Prosecutor's System Software Contract I/P Hire Project Manager • Page 2 of 2 Rd YAKCORPS- Milestones.doc (5/21/10) • Integrated Public Safety System Project (IPSS) Benefits of New Integrated Systems: F: \05 -24 -10 IPSS Mtg \Benefits of IPSS- Updated 5- 21- 10.doc 1. Fully integrated data for all agencies: a. Data secured as appropriate b. One list of bad guys that everyone uses and updates c. Wants and warrants visible for all agencies d. Historic data from agencies archived and available for research by everyone e. Data entry reduced as "frequent flyers" will already be in the system f. Work flow engine and document imaging will streamline work, file documents and images and make searching faster and easier g. Mug shots will be available across the system for identification h. Response plans stored and retrievable by everyone as appropriate i. Ties to "Insight" for automatic search of 40 other systems across Washington as desired j. With "Insight" an official can subscribe a name and if anyone on any system looks up that name they will be instantly notified 2. Criminal Justice Information System (CJIS) compliance: a. Selected vendor is CAS compliant b. County systems are compliant • c. County networks are compliant d. As long as end agencies maintain compliance we will meet federal regulations 3. Lower cost for the county as a whole: a. Costs will be shared equitably using an agreed too formula by the consortium b. System will run on one central server instead of several individual agency units c. Hardware costs are less since there is only one server and other hardware d. One system administrator will support all users e. Backup and recovery will be centralized f. Support from.vendor is less because of the shared system g. Updates and patches only have to be applied to one system h. Significant cost savings for agencies that currently have databases that will be replaced. 4. Interagency coordination: a. Information fed into the system would be invaluable for violent crime, gang and for drug task force units operating in Yakima County b. Image storage capabilities will enable graffiti images to be shared among agencies to identify individuals c. Ability to create "on the fly" instant message groups for large, multi- agency incidences for local coordination in real time. d. Improved ability to coordinate large scale events e. Improved interdisciplinary coordination improving coordination between police, fire, • and ambulances. 1/2 F: \05 -24 -10 IPSS Mtg \Benefits of IPSS- Updated 5- 21- 10.doc 5. Integrated 911 /Dispatch from multiple locations: • a. Quickest route function for best response to emergencies by agencies b. Ability to take and transfer incoming call from one dispatch center to the next c. Ability to conduct virtual dispatching from any facility including mobile command units 6. Integration with other systems: a. Fire Emergency Reporting System b. TriTech Ambulance Interface c. Zetron Fire Paging system d. Live, links to other Spillman systems (40) via "Insight" e. State electronic ticketing and collision report system (SECTOR) f. Crime mapping which is available to our citizens via the web 7. Automatic Vehicle Location (AVL) with all agency vehicles displayed as needed: a. Provides for efficient tactical planning by field units b. Allows for closest unit to be dispatched c. Provides for officer safety d. Historic mapping of vehicles allows for forensic analysis (reduces liability and risk) 8. Interagency email and texting: a. Instant communications between all public safety entities b. Everything is logged c. Groups can be created quickly that enable command and control during an incident • d. Saves time and effort as one agency can easily communicate with another via the system e. Car to car "voiceless CAD" provides for safer planning and response when there is a known threat 9. System warning flags on people and premises provide for personnel safety for all system members: a. Premise flags can indicate previous criminal contacts and any hazmat that may be present b. Warning flags on people clearly indicate to the responder any safety issues that may be present. c. Flags are customizable by type and severity of issue. d. Amber alert, BOLO (be on the lookout) and ATL (attempt to locate) would be visible system wide. They can be sent out as a scrolling message to all users. 10. Significantly improved statistical analysis capabilities with the crimestat dashboard 11. Hiplink software will allow triggers to be set causing automated notifications to numerous types of devices. 2/2 F: \05 -24 -10 IPSS Mtg \Benefits of IPSS- Updated 5- 21- 10.doc • .1 • Yakima Consortium for Regional Public Safe YAKC RP g Safety ( O S) InterLocal Agreement (ILA) (May 24, 2010) Purpose: To establish the "Yakima Consortium for Regional Public Safety" (YAKCORPS) to provide public safety services for its' members, thereby benefiting them in terms of efficiency, economy and /or improved coordination of data. Entities eligible to become members of the Consortium include governmental agencies within Yakima County with responsibility for public safety. The initial undertaking of the Consortium shall be the purchase, operation, maintenance and utilization of integrated, county -wide public safety systems. ILA Highlights: A. Structure: 1 Gen. Membership Board: Comprised of All Members of Consortium (Article 5) > Governs the affairs of the Consortium > Each Member Agency / Jurisdiction has One vote > May override any decision of Executive Board 2 Executive Board: (Article 6) Comprised of 7 Members: 1 County Commissioner; 2 Mayors from Upper Valley Cities (incl.Yakima), 2 Mayors Lower Valley Cities; Fire Commissioner from an Upper and a Lower Valley Fire District. • Functions on behalf of General Membership Board • Has full authority and power of the General Membership Board • Adopts Administrative Policies • Authorizes budget, expenditures, contracts; Resolves disputes, etc. • May override any decision of Operations Board 3 Operations Board: (Article 8) Comprised of 11 Members: County Sheriff; 3 Police Chiefs (City of Yakima and 1 Upper, 1 Lower Valley City); 4 Fire Chiefs / Commissioners (City of Yakima, Fire District #5, and 1 Upper and 1 Lower Valley Fire District/Dept.); Director - Yakima County DOC; Director 911; & 1 Prosecuting Attorney from Yakima County or City of Yakima. • Prepare annual budgets, monitor expenditures; resolve disputes; • Develop operating practices, procedures, guidelines, codification standards and /or customization requirements and related priorities for the operation & maintenance of the public safety software systems; > Establish rules, policies, procedures, practices and /or guidelines for the operations of the Operating Committees; 4 Operating Committees: The Operations Board shall establish the following seven (7) (Article 9) Committees to conduct the day -to -day business of the Consortium: • Dispatch /Mobile Data - Fire; Dispatch /Mobile Data - Law; Records - Fire; Records - Law; Jails /Corrections; Prosecutors; and Technology. ILA - Purpose and Highlights.xls 5/21/2010 1/3 ILA Highlights, Cont.: • B. Resources, Expenditures and Service Providers: (Articles 10, 11 &16) 1. Primary Funding Sources: Annual Assessments of members / participating agencies; Grants; Donations; Gifts; Debt Borrowings 2. Authorized Expenditures: Purchases of materials, supplies, software, hardware, licenses, equipment, administrative / professional services, repairs and the like. 3. Fiscal Agent: City of Yakima 4. Technology Services Provider: Yakima County's Technology Dept. C. Consortium's Authority: (Article 14) 1. May enter into contracts / agreements with governmental agencies, vendors, contractors, consultants or other third party entities and with member agencies as approved by the Executive Board 2. May acquire, own, operate, maintain, equip, reequip, and repair real and personal assets necessary to carry out business of Consortium; 3. May pursue legal avenues for payment of amounts owing to Consortium and to enforce terms /conditions of any /all Contracts and Agreements. D. Member Responsibilities: 1. Members agree to abide by all the terms and conditions of ILA; S (Article 17) 2. Members agree to utilize all systems operated or maintained by the Consortium only in the manner intended, including adhering to the coding standards established by the Operations Board and to maintain confidentiality of information contained within the system; 3. Members agree that a full year's assessment shall be owed and payable by each agency for each full or partial year that the agency is a member of Consortium; 4. Members agree to accept terms / conditions of the Contingent Loan Agreement with Spillman Technologies, Inc., including the purchase and implementation costs of the public safety systems; 5. Member agencies / jurisdiction agree to abide by all terms / conditions of grants and other funding accepted by Consortium; 6. Members agree to comply with Federal and State Public Safety Technology requirements and all other Federal and State regulations applicable to Consortium. E. Agreement Duration: 1. Initial term - 5 years (Article 18) 2. Thereafter, automatic extensions for 3 years; unless member requests change F. Member Termination: Membership in Consortium shall automatically be terminated for those (Article 18) members who do not adopt new /revised Agreements which have been adopted by majority vote of the General Membership is ILA - Purpose and Highlights.xis 5/21/2010 2/3 • ILA Highlights, Cont.: G. Withdrawal: (Article 20) Members may withdraw from Consortium by providing notice of intent to the Executive Board no later than Sept. 15th of any given year to be effective on Jan.1 st of the subsequent year. H. Dispute Resolution: (Article 19) 1st: Initial review by Executive Board 2nd: Executive Board appoints a-committee to facilitate resolution; 3rd.:General Membership Board Review / Resolve - Decision Final I. Default: (Article 21) A Member may be deemed "in default" if member fails to uphold the terms and conditions of this Agreement. The Executive Board shall review circumstances of any default and determine appropriate actions to be taken, which could include restrictions on participation in the Consortium and /or expulsion from the Consortium. J. Dissolution: (Article 22) The Consortium may be dissolved by a 2/3 majority vote of the governing bodies of the member agencies /jurisdictions. > Dissolution shall not take effect until the Executive Board has addressed the Consortium's duties and obligations, as set forth in a final report submitted to the governing bodies of the member agencies /jurisdictions. i Attachment A - Project Cost and Funding: See Enclosed Materials • Attachment B - Consortium's Annual Assessments: See Enclosed Materials Note: The InterLocal Agreement included in your packet and outlined herein is undergoing final legal review by the City of Yakima and Yakima County, therefore, there may be some minor changes still needed to the Agreement. ILA - Purpose and Highlights.xis 5/21/2010 3/3 o One.Vote per Member o 11 Members: ' .:• Sheriff, =- Yakima Co. • Police Chief — COY • Police.Chief —Upper Valley • Police Chief — Lower Valley • Fire Chief —COY •:Fire Representative —Fire Dist. 5 -Fire Representative- - Upper Valley •'Fire Representative — Lower Valley •;- Director-= Yakima County DOC . -, *. Rep. Prosecutors Office L COY or Co • :911 Director Rd YAKCORPS DRAFT Consortium Structure (as 5/24/10 Draft ILA) Executive Board Are not voting members • Integrated Public Safety Systems (IPSS) Project • IPSS Project Scope — Overview (May 21, 20 10) A. IPSS Project Costs: 1) Includes cost to purchase and implement the following Modules /Systems: 1. CAD (computer aided dispatch) 2. Mobile Data (Law and Fire) 3. Law Records 4. DOC / Jail 5. Prosecutor's System 2) Philosophy: hardware upgrades or other costs are included in the project costs only if existing hardware is not compatible (i.e.: will cease to function) with new systems. (Costs to replace old, slow or less desirable hardware is not included in project costs.) B. Types of Services and related costs Not included in Proiect Scope of Costs: a. Maintenance and Support of Mobile Data Equipment b. Maintenance and Support of Desk -top Computers, printers and related equipment; c. Special Public Safety Software and Equipment (ex: license plate readers, crime analysis software) or the interfaces to these systems from the Spillman systems d. Network bandwidth (communications) e. Technology Engineering services f. Email g. Spam filtering for email h. Firewall Services i. Network switches j. Network routers k. Virus protection 1. CJIS compliant connection software (VPN) m. Response to public disclosure requests / investigations Note: the costs to purchase, operate and maintain the items listed in Section "B ", above, are today and will continue to be the responsibility of the individual public safety agencies /jurisdiction; who can choose to provide these services in -house or contract out for needed services at their sole discretion. F:\05 -24 -10 1PSS Mtg \Project Scope - Overview.doc Last printed 5/21/2010 3:04:00 PM • Attachment "A" YAKCORPS InterLocal Agreement Integrated Regional Public Safety Systems Estimated Purchase and Implementation Costs • and • Last printed 5/21/2010 3:44:00 PM Funding Sources • • • ILA - Attachment "A" IPSS Project Funding and Cost Summary (as of 5- 21 -10) F: \05 -24 -10 IPSS Mtg \ILA Attach.A - Funding Exp.Summ - Electeds Mtg.xls 5/21/2010 Attachment "A" - pg. 1 of 2 Public Safety Systems (Includes CAD, Mobile Data, Law Records, Jail & Prosecutor's Systems) Comments: A. Dedicated Funding: 1 2009 Federal Earmark $500,000 2 2010 Federal Earmark $500,000 3 City of Yakima - Dedicated Funding $160,000 Dedicated for Prosecutor's Module /System 4 City of Yakima - Add'I Funding $200,000 Unidentied Source at this time 5 County IT Depreciation Fund $71,000 Purchase of 1st "Spillman" Server 6 Yakima Communications Ctr. $79,000 $1,510,000 911 Funding Contribution Sub - Total: Dedicated Funding Funding Secured to Date B. Total Implementaion Costs $1,982,777 Estimate; See attached detail Difference: ($472,777) Amount Under Funded C Outstanding Funding Requests: 1 DHS /State - Home Land Security Grant $127,000 Application Pending (1) �2 2011 Federal Earmark $700,000 Request in Queue (2) D Other Possible Funding Sources: 1 Savings Contributions ?? Possible contribution from Annual Savings of Support/Maint. Costs I 2 County Sheriff - Byrne Grant ?? Dedicated for radios, modems, etc. 3 Other Grants, etc. ?? Legend: (1) Grant Application has been submitted for 100% of the 2010 State Homeland Security grant to be dedicated to this project. Jim Hall, Emergency Management, is Grant Coordinator. (2) Grant Award very uncertain; Advised Republicans taking stand against all Earmarks +1 F: \05 -24 -10 IPSS Mtg \ILA Attach.A - Funding Exp.Summ - Electeds Mtg.xls 5/21/2010 Attachment "A" - pg. 1 of 2 • 0 0 ILA Attachment "A" IPSS PROJECT * IMPLEMENTATION COSTS (as of 5- 21 -10) F: \05 -24 -10 IPSS Mtg \ILA Attach.A - Funding Exp.Summ - Electeds Mtg.xlsDetail Implemen.Costs 5/21/2010 Attachment "A" - pg. 2 of 2 Prosecutor Public System Safety Total Implemetation Costs: (Justware) i (Spillman) Project Comments: I ' 1 External Costs: Vendor Software 141,391 F 459,000 Vendor Prof.Svc. & Training 90,593 1 460,350 Sub -Total 231,984 ; 919,350 ----------------,------------------------------ 1 40,000 1,151,334 Tritech Interface Costs p /Spillman (5- 20 -10) Paging ( Zetron) Interface 0 Interface Costs Included XML Interface 0 Interface Costs Included Project Manager (12 - 18 mo) 90,000 90,000 Estimated 2 Sub -Total External Costs Internal Costs: I 231,984 ; 1,049,350 1 1,281,334 1 Most Fire Distr. & Police /Fire for a Workstation /Mobile Upgrades: City's Yakima, Selah, Union Gap: - 1 1nc.Hardware, Software, an Hardware / Software 290,000 Motion, if applicable Annual Verizon Cost (1st yr.) _ 1 75,000 ------------------------------ Incl. Only Upgraded Mobiles Sub-Total: 365,000 365,000 b Prosecutor's System: 0 0 COY Hardware & Software Workstations: 15,000 1 Assumes CO to Host & use Servers 2,000 1 existing server capacity /no cost Sub -Total Prosecutors --------- - ------- t-------- - - - - -- 17,000 n/a -------- - - - - -- _ 17,000 c Upgrade: V.6 Zetron Paging 40,000 40,000 Hardware Upgrade - Firestations Based on est.# trips provided by d Vendor Travel Exp. 10,000 ; 0 10,000 vendor - County to purch. Using Depr. f Spillman Server 71,000 71,000 Funds already "banked" g Data Conversion / Migration , 2,000 ; 5,000 7,000 Hire Temps to enter critical data h Misc. Expenditures 5,000 1 10,000 15,000 Sub -total Internal Costs 34,000 1 491,000 525,000 Total Internal and External: 1 1 265,984 ; 1,540,350 1,806,334 Contingency 18,619 ; 157,825 176,443 (7% - 10 % Std.) Total Implementaion costs 284,603 ; 1,698,175 1,982,777 (estimate) * IPSS Project includes: CAD; Mobile Data, Law Records, Jail /DOC and Prosecutor's Modules /Systems (Costs estimated based on vendor negotiations; however, RFP not yet awarded to specific vendors) F: \05 -24 -10 IPSS Mtg \ILA Attach.A - Funding Exp.Summ - Electeds Mtg.xlsDetail Implemen.Costs 5/21/2010 Attachment "A" - pg. 2 of 2 4. • Attachment "B" YAKCORPS InterLocal Agreement Integrated Regional Public Safety Systems Allocation Methodology For 19 Consortium's On -going Support Costs I (and sample allocation calculation - based on estimated costs and current "unit numbers ") 1. Last printed 5/21/2010 3:36:00 PM 1 Attachment "B" • I. Annual Assessments: a. Expenditure Types: For purposes of determining the total annual assessment to be allocated among the members and participants, the following types of expenditures may be included: (1) annual vendor maintenance and support costs, (2) annual system operating and maintenance costs, (3) hardware replacement funding, (4) a contingency for unexpected or emergency expenditures during the year, and (5) other reasonable and customary costs as may be authorized by the Executive Board from time to time. b. Authorization: The system vendor(s) and Service Provider(s) shall submit their annual support/maintenance charges for the following year to the Operations Board. The Operations Board, with input from the various operating committees and the technical committee, submit a recommendation to the Executive Board. The Executive Board shall, by a majority vote, approve the total amount(s) of the annual assessment for inclusion in the Consortium's annual budget. II. Allocation of Annual Assessment to Participants: The calculation of the authorized annual assessment to be allocated to each Participant, shall be as follows (includes Participating Member and Participating Agency as defined is Section 2, above): 0 A. The vendor(s) shall provide the cost of their annual maintenance and support, by module, to the Consortium's Operations Board; B. The Service Provider shall provide the cost of their annual systems operations and maintenance support to the Consortium's Operations Board; C. The Service Provider, if a member of the Consortium otherwise the Operations Board, shall calculate, by module, the percentage of the total costs that each Participant shall be assessed. The basis for the allocation of costs of each Module among the Participants shall be as defined in "G" below; D. The percentage of total costs, by module, each Participant shall pay (as calculated in "C ", above) will be multiplied by the total vendor support and maintenance costs, as determined in "A" above, for same Module. The result of this calculation will represent the amount each Participant will be assessed for vendor support and maintenance costs, by Module, for the coming year. E. The percentage of each Participant's vendor costs, by module, is to the total vendor costs for that Module, (as determined in "D ", above) will be multiplied by the total Service Provider's system operation and maintenance support costs, as • Attachment B, Pg. 3 Last printed 5/21/2010 1:14:00 PM • determined in "B" above. The result of this calculation will represent the amount each Participant_ will be assessed for the Service Provider's system operation and maintenance support, by Module, for the coming year. F. The amount each Participant is assessed, by module, for annual vendor support and maintenance, as calculated in "D" above will be added to the amount each Participant is assessed, by module, for annual system operation and maintenance support, as calculated in "E" above. The result of this calculation will be the total annual Participant assessment, by Module, for the coming year. G. Basis for allocating annual vendor and system operation, maintenance and support costs among participants for each Module shall be as follows: Mobile Data Support: cost allocation shall be based on the total number of Mobile Data Licenses of each participant compared to the sum of the total number of Licenses for all participants; 2. CAD / Dispatch Support: cost allocation shall be based on (a) a fixed amount allocated to the Yakima Communication's Center, as defined below, and (b) the total number of CAD / Dispatch Log -in ID's of each • participant, except the Yakima Communications Center, compared to the sum of the total number of Log -in ID's for all participants (refer to definition below for Log -in IDs); a. Fixed costs allocated to Yakima Communication's Center shall be based on the vendor's annual support / maintenance costs for the 911 related functions of the systems, or as may be modified from time to time by the Operations Board and approved by the Executive Board to maintain compliance with all federal and state regulations. 3. Law Enforcement Support: cost allocation shall be based on the total number of Law Enforcement Records Log -in ID's of each participant compared to the sum of the total number of Log -in ID's for all participants (refer to definition below for Log -in IDs); 4. Jail / DOC Support: cost allocation shall be based on the total number of Jail /DOC Log -in ID's of each participant compared to the sum of the total number of Log -in ID's for all participants (refer to definition below for Log- in IDs); Last printed 5/21/2010 1:14:00 PM Attachment B, Pg. 4 H. User Log -ins shall be Counted as follows: By entity, by module; based on the User's primary job function. For purposes of determining the number of User Log -in ID's applicable to each participant, each participant will count one Log -in ID for each user's primary job function, only. a. A User may have more than one primary job function; in this case, the User's Log -ion ID is counted in all applicable Modules; b. If a User does not have a primary job function within the Modules identified in the Cost Allocation Calculation, then the closest or Module of greatest use shall be deemed to be their primary job function for purposes of calculating their entity's cost allocation; c. Most entity's will have just one primary job function for each User (employee) Log -in ID; 2. The total number of user logins will be determined by Module. Each participant shall provide to the Operations Board the breakdown of the total number of user logins by module. III. Other Assessments, Fees and Charges: The consortium may enter into written agreements with individual Consortium members and participants for additional public safety system support and /or services from time to time. In these cases, a separate assessment, fee and /or charge may be assessed on said agency / jurisdiction / entity. Such additional assessments, fees and /or charges shall be included in an agreement between the Consortium and the applicable agency, jurisdiction or entity, and shall not be included in the calculation of the annual assessment to all members /participants. Note: The following worksheet is only an example of the calculation, or methodology, to be utilized when determining annual assessments to members and participating agencies in the future. The actual annual calculations will be based upon (1) the actual annual costs for vendor support and the service providers' operating and maintenance costs, and (2) the actual number of User ID's / licenses, as appropriate maintained by each individual agency / jurisdiction. Attachment B, Pg. 5 Last printed 5/21/2010 1:14:00 PM • • • DRAFT DRAFT - FOR DISCUSSION PURPOSES ONLY (May 21, 2010) YAKCORPS Allocation of Estimated Annual Support ( u.t� - Spillntan CAD /Des arch Mobile Data Law Enforcement JaiVDOC d AFMWM SUNOW COO Oper.& Sofl.are Software SoRw are Sottwarc Maim. TOW :� encv Login Support is Support Login Support Support Support Support 911 Call Ctr. I Dispatch: 1 IN akima Comm Center County: 2 Yakima Court, County Family Court District Court Probation Superior Court DOC Prosecutor Sheriff Office Sub -Total Cities: 3 Grandview -Fire Dept - Police Dept Sub -Total 4 Granuer -Fire Dept - Police Dept Sub -Total 5 Harrah Police Dept (Contract) 6 Hignland Fire Dept 7 Mahlon -Fire Dept - Police Dept Sub -Total 8 Moxee Police Dept 9 Naches Police Dept (Contract) 10 Selah - Fire (Dist. #2) Selah - Police Dept Sub -Total 11 Sunnyside - Fire Dept - Police Dept Sub -Total 12 Tieton Police Dept 13 Toppenish - Fire Dept - Police Dept Sub -Total 14 Union Gap - Fire Dept - Police Dept Sub -Total 15 Wapato - Fire Dept - Police Dept Sub -Total 16 Yakima -Fire Dept - Police Dept - City Prosecutors Sub -Total 17 Zillah - Fire Dept - Police Dept Sub -Total Fire Districts: 18 Broadway Fire Dist # 11 19 Cowiche Fire Dist 411 20 East Valley Fire Dist 04 21 Fruitvale Fire Dist #10 22 Glade Fire Dist #7 23 Gleed Fire Dist #6 24 Naches Fire Dist #3 25 Naches Heights Fire Dist #9 26 Nile Fire Dist #14 27 West Valley Fire Dist #12 28 Yakima Fire Dist 45 Sub -Total Other Agencies: 29 ATF 30 Prosser - Hospital /Amb 31 US Probation 32 WA State DOC Sub -Total 1 s2i.55�� 0 s0 0 s0 0 s0 0 s0 0 s0 18 54,399 51,711 12( $2,933 12( $2,933 251 $6,1 0 s0 SO 0 SO 0 s0 0 So 0 s0 0 so $0l 01 52,9 01 $01 01 05.,1 of Sol 1121M $11.9631 $33.5181 110% 0 s0 2 $162 0 SO $90 $252 0.1% ,087 $58,280 18.4% 544 5.0 1.6% 0 so 0 so 280 S16,193 54 $10,657 120 $9,732 0 So $13,757 SM'545 12.6% AE36.4t0 5702.013 33.4% 0 $o 0 so SO so s0 so 0.0% 8 $1,579 21 $1,703 1 3129 55,122 $2.843 $7,964 2.6% $5122 $2.$43 $7,964 2.6% 0 s0 0 $0 0 SO s0 so $0 4 S789 20 51,622 0 $0 _41_52,411 51.338 _ _ $3.750 1.2% 411 $1.338 $3,750 1.2% 0 so 0 s0 0 so SO so so 0.0% I 5197 0 s0 0 SO 5197 $110 $307 0.1% 0 $0 0 so 0 $o $0 so 0.0% 3 $392 10 $811 0 $0 $779 $2.182 0.7% $888 $2.489 0.8% 4 $789 10 $811 0 $0 5888 112489 0.8% 0 s0 0 So 0 so $o $o 0.0% 3 5592 0 SO 0 $0 $329 $921 0.3% 16 $3,158 23 $1,865 0 s0 " $3,059 $8.571 2.8% $3,388 $9.491 3.9% 0 $0 0 S0 0 so s0 0.0% 14 $2,763 70 $5.h" 10 it $7,029 $19,694 6.4% _ $7,029 $19.694 6.4% 3 $592 7 $568 0 $0 $644 $1.803 0.6% 3 $592 0 s0 0 $0 ' s329 $921 03% 13 $2,565 20 $1,622 12 $1,551 $4._613 $13484 4.4% $5,141 $14405 5.3% 3 $592 0 s0 0 s0 3329 $921 03% 18 $3,552 26 $2,109 0 SO $3.142 a sli'm 2.9% $3.470 s9 3.2% 0 $0 0 s0 0 s0 so 6o 0.0% 10 $1,973 25 $2,027 4 $517 $2.506 5 29% $2.508 $7.025 2.3% 14 $2,763 0 $u 0 $0 $ 51.533 $4,296 1.4% 54 $10,657 291 $23,600 12 $1,551 $4 $23.265 $65,182 21.3% 0 $0 8 $649 0 SO $380 $1.009 0.3% $25.158 $70.487 23.1% 0 s0 0 s0 0 s0 fa fo 0.0% 7 $1,381 17 S1,379 0 s0 _ $1.803 _ 55,052 1.7% $1.$03 $5.052 1.7% 0 SO 0 $O 0 SO Sa 50 0.0% 0 SO 0 f0 0 50 $0 f0 0.0% 7 $1,381 o SO 0 05767 $2.148 0.7% 0 s0 0 $0 0 $0 Sc $0 0.0% 0 $0 0 s0 0 so so s0 0.0% I 5197 0 s0 0 so $110 $307 0.1% 0 s0 0 s0 0 $0 $0 s0 0.0% 0 f0 0 S(i 0 SO so $0 0.0% 0 SO 0 $0 0 $0 SO SO 0.0% 8 $1.579 0 s0 0 $0 $876 $24505 0. 5 $987 0 s0 0 $0. $2.175 $6.095 2.0% $3.928 $11,005 3.6% , a\ Wdb\ u..+ var .n\rucoatn \a/� \s- v- ro\s -tt.to Dourawnn.has.,mi. ­ ut -to 5180 5504 0.2% SO s0 0.0% 5270 $757 0.2% 327 $1297 $3,618 1.2% 53138 s 'a1 $4.879 1.6% 337 541,566 ft16,6K S109,142 $306,767 loo.o°c Repiacement l Overtteatl Fund Sheet is protected to prevent accidental overwrites. Password = password. Yearly Spillman Support by Module Spillman • CAD Support 843,550 0 $0 0 $0 4 $324 0 So 0 $0 0 $0 0 SO 0 SO 0 s0 0 $0 6 $487 0 SO 0 s0 0 s0 0 $0 18 $2.327 , a\ Wdb\ u..+ var .n\rucoatn \a/� \s- v- ro\s -tt.to Dourawnn.has.,mi. ­ ut -to 5180 5504 0.2% SO s0 0.0% 5270 $757 0.2% 327 $1297 $3,618 1.2% 53138 s 'a1 $4.879 1.6% 337 541,566 ft16,6K S109,142 $306,767 loo.o°c Repiacement l Overtteatl Fund Sheet is protected to prevent accidental overwrites. Password = password. Yearly Spillman Support by Module Spillman • CAD Support 843,550 5196,64 Mobile Support $49.928 Records Management System $59,608 Jail /DO(' 543,560 Spillman Total SI %,646 Includes tares , a\ Wdb\ u..+ var .n\rucoatn \a/� \s- v- ro\s -tt.to Dourawnn.has.,mi. ­ ut -to 5180 5504 0.2% SO s0 0.0% 5270 $757 0.2% 327 $1297 $3,618 1.2% 53138 s 'a1 $4.879 1.6% 337 541,566 ft16,6K S109,142 $306,767 loo.o°c Repiacement l Overtteatl Fund Sheet is protected to prevent accidental overwrites. Password = password. • For review by Elected Officials (May 24, 2010) InterLocal Agreement For the Establishment of the Yakima Consortium for Regional ' Public Safety (YAKCORPS) Note: Areas highlighted are those currently in legal review and, thus, subject to minor changes. Last printed 5/21/2010 3:53:00 PM i VAKCORPS InterLocal Agreement Table of Contents Last printed 5/21/2010 3:36:00 PM Section Title Page Article 1 Consortium Purpose 1 Article 2 Creation 2 Article 3 Definitions 2 Article 4 General Membership 3 Article 5 General Membership Board 4. Article 6 Executive Board 5 Article 7 Legal and Other Professional Assistance i9 Article 8 Operations Board 9 Article 9 Operating Committees 11 Article 10 Consortium Resources and Expenditures 13 Article 11 Fiscal Agency 14 Article 12 Annual Budget 15 Article 13 Insurance 17 Article 14 Consortium's Authority 17 Article 15 Integrated Public Safety Systems Project 17 Article 16 Technology Services Provider 18 iArticle 17 Member Responsibilities 19 Last printed 5/21/2010 3:36:00 PM Article 18 Duration Agreement • of 20 Article 19 Dispute Resolution 21 Article 20 Member Withdrawal from Consortium 21 Article 21 Default 22 Article 22 Dissolution of Consortium 23 Article 23 Indemnification 24 Article 24 Non - Discrimination 24 Article 25 Americans with Disabilities Act 24 Article 26 No Conflict of Interest 24 Article 27 Severability 24 Article 28 Execution 25 Article 29 Hold Harmless 25 Article 30 Amendments 25 Article 31 Entire Agreement 25 Article 32 Signatures 26 Article 33 Filing of Agreement 26 Addendums: Attachment A Public Safety Systems Project- Implementation Costs and Funding Attachment B Consortium Annual Assessments — Allocation of On -going Costs Attachment C Placeholder - Contingent Purchase Agreement with Spillman Technologies, Inc. Attachment D Placeholder - Purchase Agreement with Prosecutor's System Vendor (insert when available — or delete and Consortium may adopt once ILA is executed) • Last printed 5/21/2010 3:36:00 PM • YAKIMA CONSORTIUM for REGIONAL PUBLIC SAFETY INTER -LOCAL AGREEMENT WHEREAS this Agreement, is made and first entered into by and among the undersigned governmental jurisdictions; and WHEREAS the members and the residents of Yakima County would benefit both in terms of efficiency and economy from a consortium for Public Safety services for Yakima County and the participating cities, and fire protection districts within Yakima County; and WHEREAS the undersigned governmental jurisdictions have a goal of establishing and maintaining a Consortium, to be hereafter known as the "Yakima Consortium for Regional Public Safety ( YAKCORPS)'; and WHEREAS this Agreement and the activities described herein below are authorized by the provisions and terms of the "InterLocal Cooperation Act" pursuant to RCW 39.34 et seq.; and WHEREAS the establishment of the YAKCORPS will provide improved public safety within is the boundaries of the consolidated service area of the participating jurisdictions, together with such other jurisdictions; and WHEREAS the establishment and maintenance of YAKCORPS will provide substantial benefit to the citizens of the participating governmental jurisdictions and the public in general; and WHEREAS the participating jurisdictions desire to expressly state the powers held by YAKCORPS pursuant to RCW 39.34.030(3)(b); and WHEREAS the participating jurisdictions expressly state that YAKCORPS is authorized to acquire, hold and dispose of property pursuant to RCW 39.34.030(4)(b); and follows: WHEREAS YAKCORPS is funded by the methods described herein. NOW THEREFORE, it is hereby agreed and covenanted among the undersigned as ARTICLE 1 — Consortium Purposes A. The purpose of this Agreement is to establish the Yakima Consortium for Regional Public Safety ( YAKCORPS) to provide public safety services for its' members, thereby benefiting them in terms of efficiency, economy and /or improved coordination of data. B. YAKCORPS shall serve as a liaison to develop and promote communication, understanding and cooperation among the YAKCORPS members and participants on matters common to the parties and /or affecting the-'public served by the participants in the Consortium is and help ensure the coordination and sharing of integrated public safety information among members and participants. Last printed 5/21/2010 3:36:00 PM C. YAKCORPS may provide technical and professional services to aid the administration • and operations of member jurisdiction's and participants' regional, integrated public safety systems in a manner that provides greater expertise, lower costs, improved services to its' members / participants and /or better communications between its' members / participants. Such services may include, but are not limited to, the acquisition, enhancement, replacement, operations, maintenance and performance of regionalized public safety technology systems. D. Further, YAKCORPS may provide technical and professional assistance on public safety related subjects of mutual concern and interest to the members when requested to do so and approved by a majority of the Executive Board. ARTICLE 2 — Creation YAKCORPS is hereby created as a consolidated public safety services consortium, which is a public agency. The parties hereto each assign to such agency the responsibility for public safety services to achieve the purposes provided in Article 1. Such agency shall be and is hereby created as a separate legal entity as is authorized by RCW 39.34.030(3)b. ARTICLE 3 — Definitions A. As used in this Agreement, the following words and phrases shall have the following meanings: 1. Consortium and YAKCORPS shall mean the entity that consists of and represents the entire group of Members to this Agreement. 2. The "County" shall mean the administrative and governing body headed by the Board of County Commissioners, and "Yakima County" shall mean the geographic area over which the County Commissioners exercise jurisdiction. 3. "Lower Valley City /Town" shall mean any one of the following cities or towns: Grandview, Granger, Harrah, Mabton, Wapato, Sunnyside, Toppenish or Zillah. 4. "Lower Valley Fire District" shall mean any one of the following fire districts: Lower Valley - No.5 or Glade - No.7. 5. " Member(s)" and "Participating Member(s)" shall mean those governmental agencies / jurisdictions within Yakima County represented by the signatories to this Agreement and such other Yakima County governmental entities as may become signatories or otherwise become members in the future; but excluding any signatory agency who has since withdrawn from or w hose membership has been terminated by the Consortium, per Articles 18 and- herein and who has not subsequently re- joined the Consortium, per Article 18 herein. • Last printed 5/21/2010 3:36:00 PM • 6. "Non- Member agency or Jurisdiction" shall mean any agency or jurisdiction that is eligible to join the Consortium as a member, but is not a current member thereof. 7. "Participant' shall mean any /all Participating Agencies, as defined in #8 below, and Participating Members, as defined in #5 above. 8. "Participating Agency" shall mean an agency(s) who participates in the utilization of and /or payment for some or all portions of the public safety systems but who are not members of the Consortium. 9. "Public Safety" shall include any or all of the following activities: 911 call taking; dispatch of law enforcement, firefighting and /or ambulance _ services; law enforcement; fire fighting; prosecuting attorneys; incarceration (e.g.: jail and Department of Corrections); probation and the technology and other services that support these functions. 10. "Public Safety Systems" shall mean, the Software and /or Hardware required to support the County -wide Regional Public Safety Systems as identified in Article 12 herein and as may be included in the vendor contracts included as Addendums hereto, or as such may be modified from time to time. 11. "Services" shall mean the performance of duties /activities, and /or the operation and maintenance of software, hardware and other equipment utilized to enhance public safety for the participating members. 12. "Upper Valley City/Town" shall mean any one of the following cities or towns: Moxee, Naches, Selah, Tieton, Union Gap or Yakima. 13. "Upper Valley Fire District(s)" shall mean any one of the following fire districts: Cowiche/Tieton - No.1 ; Selah - No.2; Naches - No.3; East Valley - No.4; Gleed - No.6; Naches Heights - No.9; Fruitvale - No. 10; Broadway - No. 11; West Valley - No. 12 or Nile /Cliffdell - No. 14. ARTICLE 4 — General Membership A. General membership in the Consortium shall be composed of all member agencies. Representatives from all members are welcome to attend any meeting of the General Membership, the Executive Board, the Operations Board, the Operating Committees and any /all other meetings of the Consortium that may occur. • B. Eligible Entities: All local, public safety related governmental agencies / jurisdictions whose governing body is located within the geographic boundaries of Yakima County are 3 Last printed 5/21/2010 3:36:00 PM eligible to become a Member of the Consortium, subject to proper authorization by that • governing body, as evidenced by reference to the motion and vote in the minutes of said agency / jurisdiction and by the signature of the highest ranking official of said agency /jurisdiction on this InterLocal Agreement or the then current InterLocal Agreement. Additionally, all requests for membership after the effective date of this InterLocal Agreement will be subject to the eligibility requirements noted above and as included in Article 18, herein, and to all additional criteria, if any, as may be required by the Executive Board. Such additional criteria, if any, will be at the sole discretion of the Executive Board and addressed on a case by case basis. ARTICLE 5 — General Membership Board A. The affairs of YAKCORPS shall be governed by a General Membership Board composed of one representative from each participating member. Such representative shall be the highest- ranking elected member of the jurisdiction or his /her designee, who shall be an elected official. Each Board member shall have an equal vote and voice in all Board decisions. B. The Functions of the General Membership Board shall be to: 1. Establish rules and policies for the General Membership Board's operation and regulation of its affairs; including but not limited to, approval of amendments to this Agreement as may be deemed necessary by the Board from time to time. 2. Monitor the performance of the Executive Board and take appropriate action when deemed necessary by the Board. C. The General Membership oard shall meet only as necessary, at least annual) and 40 P Y rY� Y at the request of any member or Board Chairperson for discussion and review of any action, or inaction, of the Executive Board. All materials of regular and special meetings shall be prepared in packets and distributed to all Board Members at least ten (10) days in advance of the meeting date. 2. The minutes of each General Membership Board meeting shall be prepared and distributed to each Board Member not more than fifteen (15) days after the date of the meeting. A quorum shall consist of a majority of those present at a properly noticed, scheduled meeting. 3. No action is deemed taken by the Board unless the matter was subject to a proper motion, which was approved by a majority of the Board present at a properly noticed meeting and recorded as such in the approved minutes of the meeting. D. Unless otherwise agreed to by a majority of the Board, Robert's Revised Rules of Order shall govern all procedural matters relating to the business of the General Membership Board. All regular meetings shall include the following: 1. Approval of the minutes of the previous meeting 2. Reports from the Chairperson 3. Reports from the Executive Board 4. Reports from the Operations Board 4 Last printed 5/21/2010 3:36:00 PM • 5. Reports of any member, as requested 6. Old Business 7. New Business E. Members will serve without compensation, but are entitled to reimbursement for necessary and reasonable expenses actually incurred in the performance of their duties as members of the Board. Such expenditures must have been pre- authorized by the Executive Board for reimbursement from the Consortium. Members, officers and agents of the Board shall conduct themselves in a professional manner and in accordance with Chapter 42.23 of the Revised Code of Washington, Code of Ethics for Municipal Officers. F. The General Membership Board shall maintain a written record of its proceedings that is available for public inspection. The Board shall record in the record the "aye" and "nay" vote count on all matters coming before the General Membership Board 'at any regular or special meeting. All documents, records and accounts maintained by the Board -are subject to the Public Records Act, RCW 42.56 et seq., relating to public inspection at all reasonable times. ARTICLE 6 — Executive Board A. The Executive Board shall have the full authority and power of the General Membership Board to make decisions regarding the affairs of YAKCORPS -on a routine basis. Any member of the General Membership Board may request a decision of the Executive Board to be reviewed by the full General Membership Board; the General Membership Board, by a majority vote of the Board, may overturn any decision of the Executive Board; B. The Executive Board shall be chosen from the General Membership Board. The Executive Board shall be composed of the following seven (7) member representatives, so long as the agency / jurisdiction remains a member of the Consortium: One County Commissioner from Yakima County 2. The Mayor of the City of Yakima 3. The Mayor of the largest populated Lower Valley City 4. One Mayor from an Upper Valley City (excluding City of Yakima) 5. One Mayor from a Lower Valley City (excluding the largest populated City) 6. One Commissioner from an upper valley Fire District 7. One Commissioner from a lower valley Fire District Any Board Member may appoint a designee to act on their behalf. The designee shall be an elected official from the.same jurisdiction(s) as the Board member he /she is representing. • C. The Functions of the Executive Board shall include: 1. Adopt administrative policies for YAKCORPS; Last printed 5/21/2010 3:36:00 PM 2. Approve YAKCORPS annual budget, subject to the provisions of Article 12 of this Agreement; i. Review and authorize the total annual assessment amount(s) for inclusion in the proposed budget and allocated among the members; 3. Establish policies for expenditures of budgeted items for YAKCORPS; 4. Approve or disapprove unbudgeted expenditures upon receiving recommendation of the Operations Board; 5. Resolve disputes that may arise between the members of the Operations Board and any other issues not resolved by the Operations Board; 6. Evaluate and determine the priority of public safety services the Consortium shall offer to members, and determine the price and other terms and conditions for and effects of providing such services, and advise all members of such; 7. Authorize professional services to assist the Consortium in order to address financial, legal or other technical matters necessary to carry out the functions of the Consortium; 8. Hire employees and /or contractors as necessary. 9. Approve contracts between YAKCORPS and vendors, members, or other parties for materials, services, and other business needs of YAKCORPS; 10. Approve agreements with federal, state or local governmental agencies; 11. Approve the acquisition of real or personal property, or any interest therein, whether by purchase, lease, receipt by gifts, grants, or any /all other legal conveyance; 12. Ensure the General Membership Board is apprised of all proposed changes to policies, significant operating practices and contracts for services, including proposed changes to existing software and hardware; 13. Provide recommendations to the governing bodies of participating members regarding YAKCORPS business issues that may come before such bodies; 14. Provide annually, a report to the General Membership Board on the status of YAKCORPS. Said report shall include, at a minimum, a detailed list of the current years' revenues, expenditures; list of all assets and outstanding debt or other liabilities as of December 31" of preceding year; status of all projects /programs included in the current year's annual budget or carried over from a previous year's budget, and any /all projects in progress; and status of all awarded grants and of all grant applications /requests outstanding; 15. The Executive Board may also perform other duties and responsibilities as may be authorized by the General Membership Board from time to time. D. The General Membership Board, by a majority vote, may overturn any decision of the Executive Board; E. A quorum, or majority vote, of the Executive Board shall consist of a majority of the voting members, or their designee, present at a properly noticed meeting; 0 6 Last printed 5/21/2010 3:36:00 PM • F. A Chair and a Vice - Chair, and such other officers as the majority of, the Board may authorize, shall be elected by a majority of the Executive Board, to serve as "an officer of the Executive Board. The term of each office shall be 'one year; 1. The Board shall elect the Chair and Vice -Chair for the subsequent year no less than thirty (30) days prior to the end'of the current officers' term of office. 2. The Chair elected by the Executive Board shall serve as the Chair of the General Membership Board during his /her term of office. G. The duties of the Executive Board Chair shall *be as follows; Chair: The Chair shall oversee all administrative functions of the Board and shall preside at all meetings of the Board. The Chair, or in the event of the Chairperson's absence or disability, the Vice Chair, or in the event of the Vice - Chairperson's absence or disability, the Temporary Chair, may sign and execute, on behalf of the "Board ", lease agreements, contracts and other instruments previously authorized by the Board, and generally shall perform all duties incident to the office of Chair and such other duties as may from time-to time be assigned to such office by the Board. The Chair shall maintain a book of minutes of all meetings of the members, recording therein the time and place of holding, whether regular or special, and, if special, how authorized, the notice thereof given, and the proceedings thereat; see that all notices are duly given in accordance with the provisions of this Agreement or as may be amended from time to time, and as - required by law;' act as custodian of the records; exhibit at all reasonable times to'any member, upon written request, the minutes of the proceedings of the members of the Board; attest to the official signatures of the other officers of the Board. All such records and minutes shall be retained for as long as is required by Washington State records retention requirements. Signature of the Chair will not be sufficient to bind the Board unless said signature is first authorized by and on behalf of said Board at a meeting held pursuant to lawful notice with a quorum present. At least ten (10) days prior to the end of their term of office, the Chair shall submit written notice to the Consortium's Fiscal Agent of the names and effective dates of the subsequent year's Chair and Vice - Chair, and any other officials who may hold elected office on the Executive Board. The Fiscal Agent is not authorized to act upon the authorization of the newly elected officials without such written notice nor prior to the effective date of their term of office. Additionally, the Fiscal Agent is not authorized to act upon the signature of the current year's elected officials after the_ end of their term. 2. Vice - Chair: At the request of the Chair or in the event of the Chair's absence or disability, the Vice -Chair shall perform all duties -of the Chair, and when so acting . shall have all the powers of, and be subject to all restraints upon the Chair. In • addition, the Vice -Chair shall perform such other duties as may from time to time, be assigned to that office by the Board or Chair. 7 Last printed 5/21/2010 3:36:00 PM 3. Temporary Chair: A Temporary Chairperson may be appointed by the Board, by a is majority vote of the members present at a properly authorized and noticed meeting of the Board, if both the Chair and the Vice -Chair are absent or otherwise unable to perform their duties and responsibilities during their term of office. H. The Executive Board shall meet regularly, but no less than quarterly. All materials of regular and special meetings shall be prepared in packets and distributed to all Executive Board members at least five (5) days in advance of the meeting date. Minutes shall be prepared of each meeting and shall be approved at the next Board meeting. All such meeting notes shall be distributed to any /all YAKCORP Member(s), upon such member's request or as soon as available, whether approved by the Board or not. All meeting minutes shall be marked "Draft" until approved by the Board; I. The Chair, or his /her designee, may call for an executive session of the Board for discussion of matters protected under RCW 42.30.110, executive sessions. Such sessions shall comply with the criteria as set forth in the Statute; J. The Chair shall establish an agenda for each meeting, which shall be distributed with the packet of meeting materials, and shall oversee the preparation and distribution of meeting materials and meeting notes; K. No action will be deemed to have been taken by the Board unless the matter had been subject to a proper motion, which was approved by a majority of the Board present at a properly noticed meeting and recorded as such in the approved minutes of the meeting. L. Unless otherwise agreed to by a majority of the Board, Robert's Revised Rules of Order shall govern all procedural matters relating to the business of the Executive Board. M. All regular meetings shall include the following: 1. Approval of the minutes of the previous meeting 2. Reports from the Chair 3. Reports from the Executive Board 4. Reports from the Operations Board 5. Reports of any member 6. Old Business 7. New Business N. Members will serve without compensation, but are entitled to reimbursement for necessary and reasonable expenses incurred on behalf of the Board if such expenses were pre - authorized and approved for reimbursement by the Board. Board members shall not be reimbursed for normal and customary expenses incurred in the performance of their duties as members of the Board, such as mileage to and from Board meetings, cost of meals and the like. Members, officers and agents of the Board shall conduct themselves in a professional manner and in accordance with Chapter 42.23 of the Revised Code of Washington, Code of Ethics for Municipal Officers. • 8 Last printed 5/21/2010 3:36:00 PM O. The Executive Board shall maintain a written record of its proceedings that is available for public inspection. The Executive Board shall record: in the record the "aye" and "nay" vote count on all matters coming before the Executive Board at any regular or special meeting. All documents, records and accounts maintained by the Board are subject to the Public Records Act, RCW 42.56 et seq., relating to public inspection at all reasonable times. ARTICLE 7 — Legal and Other Professional Assistance The member agencies / jurisdictions may agree to furnish legal, financial or other professional assistance. The Executive Board may contract with a participating members) for, professional services. ARTICLE 8 — Operations Board A. The Operations Board shall have the authority and responsibility to govern. the., day-to- day operations and activities of YAKCORPS, and to establish such operating practices and procedures as are necessary to responsibly, efficiently, effectively and with proper care carry out those operations and activities. B. The Functions of the Operations Board shall be as follows: 1. Establish rules, policies, procedures, practices and /or guidelines for the operations 0 of the Operations Board and any Operating Committees; 2. Develop operating practices, procedures, guidelines and codification standards, or customization requirements if needed, for the operation, maintenance of the public safety software systems; 3. Establish priorities and timelines for the development, enhancement and/ or replacement of YAKCORPS' public safety- hardware and software computer systems and for the utilization and operation thereof; 4. Prepare YAKCORP's. annual operating . and capital budgets, with input and assistance from the Operating Committees, and forward such to the Executive Board for their review and approval; 5. Monitor expenditures throughout the year and ensure YAKCORPS operates within the authorized budget levels; forward all recommendations for unbudgeted expenditures and /or reallocation of budgeted funds to the Executive Board for approval; 6. Resolve disputes regarding YAKCORPS business operations; or forward such to the Executive. Board for resolution; 7. Any decision of the Operations Board may be over - turned by a majority vote of the Executive Board; C. The Operations Board shall be comprised of the following eleven (11) members: 1. Sheriff — Yakima County 2. Police Chief — City of Yakima 3. Police Chief — from an Upper Valley City/Town, excluding the City of Yakima 4. Police Chief — from a Lower Valley City/Town 9 Last printed 5/21/2010 3:36:00 PM 5. Fire Chief — City of Yakima 6. Fire Representative — Yakima County Fire District #5 7. Fire Representative — from an upper valley Fire District/Dept 8. Fire Representative - from a lower valley Fire District/Dept 9. Department of Corrections (DOC) — Yakima County Director 10. Prosecuting Attorney Representative —from Yakima County or the City of Yakima 11. 911 Director D. Each Board member shall have an equal vote in all Board decisions. E. Any Board member may designate a representative to attend meetings in that member's place. While so designated, the representative shall assume all rights and responsibilities of a full member. The designee must be from the same jurisdiction(s) as the Board member he /she is representing. F. The Board shall determine the time and place of its regular business meetings and shall meet as frequently as the Board deems necessary, but shall meet no less than once per calendar quarter. G. A quorum shall consist of those members present at a properly noticed business meeting. 0 H. The Operations Board shall elect a Chair and a Vice -Chair from its members, by a majority vote of the Board. The Chair and Vice -Chair shall serve a one -year term. The Board shall elect the Chair and Vice -Chair for the subsequent year no less than thirty (30) days prior to the end of the current officers' regular term of office. I. The Chair, and in the absence of or at the request of the Chair, the Vice - Chair, shall have the following authority and responsibility: 1. To call special meetings of the Board, as appropriate; 2. To preside at regular and special meetings of the Board; 3. To appoint Operating Committees, as needed; 4. To meet with the Executive Board and attend their meetings and to keep that Board apprised of the actions of the Operations Board and significant issues facing, or likely to be facing, YAKCORPS and /or its members. J. The Chair, or any two (2) Board members, may call a special meeting of the Board. All special meetings shall require a minimum of seven (7) business days, and a maximum of forty five (45) business days, advance notice to each Board member; such notice must be in writing and the meeting purpose must be included is such notice. K. At least ten (10) days prior to the end of their term of office, the Chair, or in his /her absence the Vice - Chair, shall submit written notice to the Consortium's Fiscal Agent of the names and effective dates of the subsequent year's Chair and Vice -Chair of the Operations Board. The Fiscal Agent is not authorized to act upon the authorization of the newly elected 10 Last printed 5/21/2010 3:36:00 PM • officials without such written notice nor prior to the effective date of their term of office. Additionally, the Fiscal Agent is not authorized to act upon the signature of the current year's elected officials after the end of their term. L. Unless otherwise agreed to by a majority of the Board, Robert's Revised Rules of Order shall govern all procedural matters relating to the business of the Operations Board. M. All regular meetings shall include the following: 1. Approval of the minutes of the previous meeting 2. Reports from the Chairperson 3. Reports from Operating Committees 4. Reports from other Committees or any member, as requested 5. Old Business 6. New Business N. All materials for regular meetings and minutes from the prior meeting shall 'be prepared in packets and distributed to all Board members, and any /all members upon their request, at least five (5) business days prior to the date of the next meeting. O. No action is deemed to have been taken by the Operations Board unless the matter was the subject of proper motion, which has been approved by a majority of those Board members present at a properly noticed meeting, and as provided in the minutes. P. Members will serve without compensation, but are entitled to reimbursement for necessary and reasonable expenses incurred on behalf of the Board if such expenses were pre - authorized and approved for reimbursement by the Board. Board` members shall not be reimbursed for normal and customary expenses incurred in the performance of their duties as members of the Board, such as mileage to and from Board meetings, cost of meals and the like. Q. Members, officers and agents of the Board shall conduct themselves in a professional manner and in accordance with Chapter 42.23 of the Revised Code of Washington, Code of Ethics for Municipal Officers. R. The Operations Board shall maintain a written record of its proceedings that is available for public inspection. The Board shall record in the record the "aye" and "nay" vote count on all matters coming before the Operations Board at any regular or special meeting. All documents, records and accounts maintained -by the Board are subject to' the Public Records Act, RCW 42.56 et seq., relating to public inspection•at all reasonable times. ARTICLE 9 — Operating Committees A. The Operations Board shall establish the following standing seven (7) Committees to conduct the day -to -day business of YAKCORPS: • 1. Public Safety Dispatch / Mobile Data — Fire 2. Public Safety Dispatch / Mobile Data - Law 11 Last printed 5/21/2010 3:36:00 PM 3. Public Safety Records — Fire • 4. Public Safety Records - Law 5. Jails and Corrections 6. Prosecutors 7. Public Safety Technology B. The Functions of the Operating Committees shall be as follows: Responsibility for establishment of operating practices, procedures, and utilization of the systems relative to the Committee's functional area of responsibility; 2. Establish Codification and other general operating standards by which the system(s) will be designed and operated; 3. Coordinate and work jointly as needed, with the other Operating Committees to ensure the best overall utilization of the system(s) while maintaining necessary security features, accesses and data confidentiality; 4. Evaluate and provide recommendations to the Operations Board regarding system changes, codification and /or customization proposals, as needed. Recommendations to the Operations Board should be made jointly with other Operating Committees, as applicable; 5. Provide user and technical updates and recommendations to the Operations Board regarding system utilization and status and recommendations for system enhancements, updates and /or replacements; C. The members of the Consortium's Public Safety Technology Committee shall include, at a minimum, the head of the Information Technology Departments for Yakima County and for the City of Yakima, or their designees, and other subject matter experts whom they, or the Operations Board, may assign at their discretion. D. The Operations Board shall appoint members to all Operating Committees by majority vote of the Board. Committee members shall consist of key operating and /or technical personnel from the associated functional area of member agencies (i.e.: 911 /dispatch, mobile data, law records, fire, prosecutors and jail). E. All Operating Committees shall report to the Operations Board; Committees are advisory only bodies to the Operations Board, unless specifically authorized by the Operations Board to act in their behalf. The Public Safety Technology Committee shall also act as an advisory body to the Executive Board. F. Operating Committees shall meet as frequently as they deem necessary and shall provide an update of their status and activities to the Operations Board at least quarterly. G. To assist in conducting YAKCORPS business, the Operations Board may create additional standing and /or Ad -hoc Committees, as may be deemed necessary from time to time, by a majority vote of the Board. Such additional Committees may be created for a specified period of time, for a specified purpose, or may serve indefinitely at the pleasure of the . Operations Board. 12 Last printed 5/21/2010 3:36:00 PM • H. Each Operating Committee shall elect a Chairman from their Committee membership, by majority vote of the Committee. I. Any disagreements within and /or between the Operating, 'Committees that are not satisfactorily resolved by the Committee members will be forwarded to the Operations Board for resolution. In the event that the Operations Board is unable to reach a satisfactory resolution the matter will be forwarded to the Executive Board for review and final determination. . ARTICLE 10 — Consortium Resources and Expenditures A. Funding sources for the-operation of the Consortium . shall include the following: Revenue derived from the Annual Assessment to member agencies. Such assessment shall be calculated by applying the he current year's approved annual budget, amount :to the agreed upon cost allocation methodology, as described in Attachment "B ", attached: and incorporated hereto by, reference, or as may be amended by the General Membership, Board from time to time; 2. Revenue derived from fees or charges to Members for additional services over and above those included in the Annual Assessment, as defined in Section A.1., above, , whether contracted or otherwise, if any. Any such special service provided by the Consortium would be at the request of the individual member and must be pre - authorized by the Executive Board. 3. Revenue derived from fees or charges for services to non - Member public safety agencies, whether contracted or otherwise, if any; 4. Revenue derived from grants, donations or other gifts, ,if any; 5. Proceeds derived from loans or other borrowings, if any; 6. Other legally authorized revenues as may be approved by the Executive Board from time to time. B. Expenditures of the Consortium shall be limited to the following: 1. Expenditures for purchase of, reimbursement for and /or payments for materials, supplies, software and related licenses, hardware and related licenses, equipment, professional and administrative services, repair and /or maintenance contracts on Consortium assets, contracts for operation and maintenance support of vendor software /hardware, preparation and distribution of meeting materials, publication of meeting notices and related costs, and other reasonable or incidental costs related to the business, operations and professional stewardship of the Consortium. 2. Other expenditures as may be authorized by a majority vote rof the Executive Board from time to time. C. All revenues and expenditures of the Consortium shall require proper'authorization prior to accepting revenue, incurring a liability, or paying for an expenditure, as follows: 1. The Chair of the Executive Board is authorized to approve acceptance of funding from grants, donations, loans, member assessments, contract payments or any and all other funding sources if such revenue has previously been authorized by 13 Last printed 5121/2010 3:36:00 PM the Executive Board or if the Board approves, by majority vote of the members • present at a properly notice meeting, the acceptance of such revenue /funding. If such revenue is included in the annual budget, it is deemed authorized by the Executive Board. 2. The Chair of the Operations Board is authorized to approve payments for equipment, software, materials, professional services, contract payments and the like that have been pre- authorized by the Executive Board and included in the approved budget. 3. All proposed purchases, expenditures and contracts not pre- authorized by the Executive Board or not included in the approved budget must be submitted to the Executive Board for approval prior to incurring any obligation for the purchase, expenditure or contract. Such approval will be evidenced by a majority vote of the Board members present at the meeting where the vote took place. Before a vote may be taken to authorize unbudgeted and /or unauthorized work or contracts, written notice must be given to all members of the General Membership Board, the Executive Board and the Operations Board that such a vote will be taken at the next meeting of the Executive Board. Such notice must be given at least ten (10) days prior to the meeting at which the vote will be taken. Pre - authorization of Expenditure Exception: in the event of an emergency, the Chair of the Operations Board and the Service Provider Director are authorized to take steps necessary to prevent system failure or repair system functionality without prior expenditure authorization, as defined and authorized in Article 11 herein. 0 D. The financial operation of the Consortium shall be subject to all applicable Federal and State statutes and other regulatory bodies governing legal, financial, accounting, budgeting, auditing and financial statement / reporting requirements. ARTICLE 11— Fiscal Agency A. The City of Yakima shall act as the fiscal agent for YAKCORPS. All YAKCORPS funds shall be deposited with and disbursed by the Yakima City Treasurer's office, pursuant to vouchers approved by (1) the Chair of the Executive Board or authorized designee, or (2) the Chair of the Operations Board, or authorized designee, if such expenditure is authorized within the approved budget, or by (3) the Consortium's Technology Services Provider, for expenditures less than $7,500, if such expenditure is authorized within the approved budget and if the Service Provider is also an employee of a Consortium Member. B. Emergency Situations: However, not withstanding the above, in the case of an emergency, the Service Provider Director and /or the Chair of the Operations Board is /are authorized to purchase materials, equipment and professional services for the purpose of (1) preventing an imminent system failure that would cause an emergency situation for one or more members of the Consortium, or (2) restoring the public safety systems to an operational status during an emergency situation. The Consortium will be fully liable for the actions and purchases of the Service Provider Director and the Operations Board Chair during an emergency situation. 14 Last printed 5/21/2010 3:36:00 PM 1. For the purposes of this Interlocal Agreement, a system emergency shall mean an actual or imminent failure of the Consortium's system the nature of which could jeopardize the security or confidentiality of system information and /or cause critical elements of the Consortium's system to stop functioning properly and thereby jeopardize the safety and security of citizens, public safety employees or their property. 2. It is intended that the Consortium's systems shall include those systems owned and operated by, or on behalf of, the Consortium, including software and server hardware and as defined in Article 15, herein. It is further intended that the Consortium's systems do not include systems, services and /or hardware that may be necessary for the proper operation of the Consortium systems, but are not owned / operated by the Consortium; such as the communications network, jurisdictions' individual workstations and the like. ARTICLE1 2 — Annual Budget Under the.direction of the Operations Board, an annual budget shall be prepared and presented to the Executive Board and to the General Membership Board. The Consortium's fiscal year shall be the calendar year, and shall end on December 31s' of each, year. An annual budget shall be prepared for each fiscal year and shall include: 1. Revenues - A detailed list of projected revenue from each revenue source, including: recommended assesstnents'of each member agency, a detailed list of each budgeted contract for service from the Consortium and related revenues; a detailed list of each budgeted contract for services to the Consortium; a detailed list of individual budgeted grants, donations and any /all other revenue sources; The annual assessment may include: (1) annual vendor software operation and maintenance support costs, (2) authorized technology service provider costs, (3) authorized system hardware replacement costs, and (4) other costs that may be authorized by the Executive Board from time to time. 2. Expenditures - A detailed list of all anticipated expenditures; including; planned software and /or hardware purchases or replacements; 3rd Party (vendor) Support Service Costs; Internal Consortium support costs; Supplies; and detailed list of any /all other expenditures greater than $5,000; other items less than $5,000 may be aggregated so long as the sum of all aggregated amounts does not exceed $10,000. 3. The proposed budget shall also include the work plan for the budget year, including: an explanation. of planned .1 projected and budgeted expenditures; replacement cycles for major hardware devices and software, if applicable; changes in costs of vendor maintenance agreements; new, or modifications to, existing external service agreements; overview of Consortium provided service agreements and details of any significant planned changes in the operations of the Consortium's public safety systems and /or operations. 4. Any and all other data or information that the Operations Board believes may be of significant interest or benefit to the General Membership Board or the Executive • Board in their review and consideration of the annual budget recommendation. 15 Last printed 5/21/2010 3:36:00 PM B. May 31St Deadline: The Operations Board will present their proposed annual budget to the • Executive Board no later than May 31 st of each year for the subsequent calendar year. C. June 30th Deadline: The Executive Board shall forward the proposed budget and related work plan, including their proposed adjustments or modifications thereto, if any, to each member of the General Membership Board for their review no later than June 30tH D. July 31St Deadline: Each member jurisdiction shall submit, in writing, any objections, concerns and /or change requests regarding the proposed budget, if any, to the Executive Board no later than July 31st. The governing body of any member jurisdiction may request a special meeting of the Executive Board to further discuss and /or refine the proposed budget. Such request shall be in writing and submitted to the Chairman of the Executive Board, no later than July 31 st. E. August 31St Deadline: The Executive Board shall address concerns or objections submitted by member agencies, if any, and shall hold a special meeting to discuss the budget, as they deem appropriate or if requested in writing by a member agency. If a special meeting is to be held, the Chairman of the Executive Board shall schedule, and provide proper notice of such special meeting, which shall be held no later than August 31st F. If the Executive Board receives no written notice of objection to or request for a meeting regarding the proposed annual budget by July 31st, the Executive Board may assume that the governing bodies of the member jurisdictions do not object to the proposed revenue and expenditure budget or to the related work plan. G. September 15th Deadline: The Executive Board shall approve the annual budget for a given year no later than September 15th of the year prior to the budget year. H. Once authorized by the Executive Board, and within five (5) days of such authorization, the budget shall be submitted to the governing body of each Consortium member and to the Chairman of the General Membership and Operations Boards and to the Chairman of each Operating Committee. The chairman of each Board / Committee shall distribute a copy of the budget to each member of his /her Board /Committee. I. If agreement between a member agency and the Executive Board regarding the subsequent year's annual budget is not reached, the member agency may choose to terminate their participation in the Consortium by stating so in writing. Such notice of termination shall be provided in writing, signed by the highest elected official of the member agency, and submitted to the Chairman of the Executive Board within ten (10) business days of receipt of the Executive Board's approved annual budget. Not withstanding the above, termination by a member agency shall not relieve that member, or any other member, of responsibility for meeting financial and other obligations outstanding at the time of termination. J. Once the annual budget is approved by the Executive Board, the member assessments included in the approved budget shall become a legally binding debt of each member agency, owing to the Consortium. • 16 Last printed 5/21/2010 3:36:00 PM • K. Each member agency shall pay their annual assessment to the `Consortium's Fiscal Agent in equal quarterly installments. Payments are to be made on or before March 1St, June 1 st, September 1 st and December 1 st of each year for that year's assessment. ARTICLE 13 — Insurance ______jYAKCORPS shall obtain and maintain liability insurance and replacement val insurance covering all equipment owned by YAKCORPS. The insurance carriers, level coverage, deductible and other significant coverage issues shall be as approved by the major of the Executive Board. Each Board member shall be named as additional insureds on t liability coverage. YAKCORPS shall additionally obtain and maintain other insurance policies may be required by applicable law or majority vote of the Executive Board. ARTICLE 14 — Consortium's Authodty A. YAKCORPS may enter into contracts or agreements with governmental agencies, vendors, contractors, consultants or other third party entities and with member agencies as deemed necessary and approved by the Executive Board to carry out the purposes and functions of the Consortium; including, but not limited to, providing technical services, administration, planning, support and /or conducting studies of problems of mutual concern. B. The Consortium may receive grants and gifts in furtherance of its programs and business purpose; !� C. The Chairman of the Operations Board is authorized to execute contracts and other agreements with third - parties and member agencies; however, all such contracts and agreements must first be approved by the Executive Board at a scheduled meeting and included in the approved budget. D. YAKCORPS shall have authority to acquire (by purchase, lease or otherwise) own, operate (directly or by contract), maintain, equip, reequip, and repair real and personal assets necessary to carry out the business of the Consortium. E. YAKCORPS shall have the same legal rights and authority as each individual member to enforce the financial, legal and other obligations of the members to the Consortium, including, but not limited to, the right to pursue all legal avenues for the payment of annual assessments and other amounts owing to the Consortium by a member and to collect from that member all legal and other expenses the Consortium incurred in the collection. thereof. ARTICLE 15 — Integrated Public Safety Systems Project (IPSS) A. For purposes of defining the scope of work and the related costs to be included in the Regional Integrated Public Safety Systems Implementation Project, the members acknowledge and agree the scope and funding shall include the following: (1) vendor's computer software and related costs as listed in a purchase agreement(s) between the Consortium and said'vendor as may exist today or as may be executed by the Consortium during implementation; including the contingent purchase agreement with Spillman Technology Inc. dated December 22, 2009 to which the Consortium shall become the Customer to that agreement upon execution of this •. Interl-ocal Agreement, (2) the software, hardware, services, tasks and the related, implementation costs included in Attachment A of this Agreement, (3) conversion of member's 17 Last printed 5/21/2010 3:36:00 PM existing systems to the new public safety systems, such work and costs shall include that • necessary to write interfaces to existing systems, to upgrade agency specific hardware to be compatible with vendor systems, and, as may be authorized by the Operations Board during implementation, the costs to convert member's existing data, (4) the server and other related hardware, if any, necessary to run and operate the software systems for the Consortium as a whole, (5) cost of a project manager to coordinate and oversee the implementation of the systems for all members, and (6) other incidental and customary costs that may arise during the implementation of the systems, if authorized by the Executive Board. ARTICLE 16 — Technology Services Provider A. The Consortium shall contract with a Service Provider for software and hardware maintenance and operations support for the public safety systems implemented as part of the Integrated Public Safety Systems Project (IPSS), as described in Article 15 herein. These services shall include: vendor network administration; database administration; operation and maintenance of system server(s); acting as technology expert on behalf of the members and as the primary point of contact between the member agencies and the vendor's support personnel to address system -wide questions and resolve problems; provide user training, as needed; coordinate implementation of vendor software updates; and other functions that may be deemed appropriate by the Executive Board from time to time. B. The Consortium's Technology Services Provider will not be responsible for the operation or maintenance of member's workstation hardware, mobile units, or any public safety software /hardware other than that included in Article 15 herein, if any. 0 C. The members agree and authorize the Yakima County Information Technology Department to function as the Technology Services Provider immediately upon implementation of the new public safety systems, as defined in Article 15, herein. Members further authorize the Executive Board to change the Technology Service Provider and /or the services provided by the Technology Services Provider as they deem appropriate, from time to time. D. In the event that the Executive Board authorizes another party to perform the tasks of the Technology Services Provider for the Consortium, the governing body of Yakima County and Yakima County's Information Technology Department agree to fully cooperate with the Executive and Operations Boards and the newly authorized Services Provider in transitioning their duties and responsibilities to the new Service Provider, including but not limited to, the physical transfer of the Consortium's servers and other hardware and software to a new location, if so requested by the Executive Board and to, in good faith, provide the technical expertise to assist in the transfer as may be needed to ensure a safe, secure and smooth transition and as may be requested by the Executive Board. E. All reasonable and customary expenses incurred by the Consortium, the existing Service Provider and the new Service Provider to accomplish the safe and secure transfer of the Consortium's software and hardware and the technical expertise to operate the software and hardware to the new Service Provider shall be paid by the Consortium, unless otherwise agreed to by the parties. All expenses incurred by the existing or new Service Provider must be pre - approved by the Executive Board or reimbursement may be denied. • 18 Last printed 5/21/2010 3:36:00 PM 0 ARTICLE 17 — Member Responsibilities' A. The governing body of each member agency acknowledges and agrees that, upon execution of this Agreement, YAKCORPS shall step into the position of "Customer" as defined in the Contingent Purchase Agreement dated December 22, 2009 between Yakima County, the Customer, and Spillman Technologies, Inc. Additionally, YAKCORPS shall be responsible to fulfill all obligations of the "Customer ",as required in stated Contingent Purchase Agreement. B. The governing body of each member agency /jurisdiction: 1. Acknowledges awareness and acceptance of the Request for Proposal (RFP) #10809 -P, dated March 19, 2008, and included herein by reference, for county- wide public safety computer systems; 2. Acknowledges acceptance of responsibility for the purchase and implementation costs of said public safety .systems, as stated in "Attachment A";J including the funding sources noted therein, and for additional costs or over -runs that may occur during such implementation, if any; 3. Agrees to abide by the requirements, terms and conditions of any /all Federal grant funding accepted by YAKCORPS' Executive Board; 4. Agrees to abide by the requirements, terms and conditions of all grants or other agency's whose funding is accepted by YAKCORPS' Executive, Board; 5. Agrees that a full year's assessment shall be owed and payable by each agency for each full or partial year that the agency is a member of the Consortium, unless otherwise agreed to by majority vote of the General Membership,'.' 6. Agrees that no member or participating agency, shall be. entitled to a refund, in whole or in part, of any annual assessment the member or participating agency may have paid to the Consortium for replacement funding of existing. equipment or for any other purpose. . 7. Agrees to comply with all current and future Federal and State Public Safety Technology requirements in all manners that have, or could reasonably be expected to have, an impact on the public safety systems governed by the Consortium. 8. Agrees to pay the full amount of any and all financial obligations assessed upon member as a condition(s) of withdrawal from the Consortium, the termination of their membership, or expulsion from the Consortium as provided in Articles 18, 2 and 21 herein. Additionally, the governing body of the member agency / jurisdiction agrees to pay all reasonable and customary costs incurred by the consortium, if any, in an effort to enforce such payment by the member. 9. Agrees to abide by all the terms and conditions of this Agreement; C. The governing body of each member agency is responsible to ensure that all requirements of the Consortium are carried out as intended and agreed to herein and as` are authorized from time to time by. the General Membership Board, the Executive Board and the Operations Board, including, but not limited to the following: 1. All properly authorized and approved annual Member Assessments shall be paid to • the Consortium's Fiscal Agent by the due date; 19 Last printed 5/21/2010 3:36:00 PM 2. Members acknowledge that data contained within the public safety systems operated and maintained by the Consortium is confidential, and members shall ensure that physical, electronic and procedural safeguards and controls are implemented and maintained within the member agency, and between member agencies, to ensure that all confidential information is secure and to prevent unauthorized access to or use of such information by unauthorized individuals; 3. If a member has reason to believe that any confidential information has or may become known by unauthorized persons, whether or not employed by that member agency, the member shall immediately notify the Chairs of the Executive Board and the Operations Board. 4. Members agree to utilize all systems operated and maintained by the Consortium only in the manner intended. Further, all members agree to follow and utilize only the codification standards as established and approved by the Operations Board, including, but not limited to, the codes established within the system(s) to identify each individual member agency, each type of criminal offense, type of booking in the jails, type of arraignment, and the like. ARTICLE 18 — Duration of Agreement A. The initial term of this Agreement is for a period of five (5) years from the date hereof and thereafter is automatically extended for consecutive three (3) year periods. Any party seeking modifications to the Agreement shall provide written notice of such to the Chairman of the Executive Board by June 1St of the year prior to the end of the then current extension period. Notice in writing is required and time is of the essence in giving notice. B. Within 30 days of receipt of a written notice of a modification request by a member agency, the Executive Board shall notify all members of the General Membership Board and shall schedule a meeting of the Executive Board to discuss the requested modifications to the Agreement. C. All member agencies shall work in good faith to agree to retain the existing Agreement or execute a new or revised Interl-ocal Agreement prior to the last effective date of the current extension period,. D. If a majority of the governing body's do not approve a new or revised Agreement by the end of the current extension period, the existing Agreement will become effective for another three (3) year period, unless subsequently modified by a majority vote of the governing body's of the member jurisdictions. E. If a majority of the governing body's of the member jurisdictions adopt a new or revised Agreement it shall become effective 30 days after the date such majority approval was attained, or on the effective date stated therein, whichever comes later. The member jurisdictions whose governing body's do not adopt the new or revised Agreement by its' effective date shall continue participation in the Consortium until the existing Agreement expires, at which time their membership in and the benefits of the Consortium shall terminate. • 20 Last printed 5/21/2010 3:36:00 PM F. Termination of membership from the Consortium does not eliminate the member jurisdiction's previous legal or financial responsibilities to YAKCORPS. G. Should the governing body of a non - member agency / jurisdiction request to join, or rejoin, the Consortium, whether or not such non - member agency was previously a member of the Consortium, all of the following criteria must be met: (1) -the governing body of the requesting agency / jurisdiction must approve the InterLocal Agreement in effect at that time; (2) the majority of the General Membership Board must approve the membership request, and (3) the requesting agency / jurisdiction must accept the terms and conditions, if any, for joining the Consortium as may be required by the: Executive Board. Such terms and conditions may include, but are not limited to, a "buy -in" amount to be paid by the agency to cover the agency's proportionate share of Consortium's assets and /or liabilities or to cover any costs /expenses incurred by the Consortium on the agency /Jurisdiction's behalf caused by such. agency / jurisdictions previous termination, expulsion, or other withdrawal from the Consortium. The Executive Board will determine such terms and conditions, if any, at their discretion and on a case by case basis. ARTICLE 19 — Dispute Resolution A. Any controversy or dispute between the parties regarding the application or interpretation of this Agreement is subject to resolution by the following procedures: 1. Initial review by the Executive Board to facilitate prompt resolution through 46 agreement. 2. If the initial review does not achieve resolution, the Executive Board Chair shall appoint a committee with members from the Executive Board and the General Membership Board with authority to facilitate resolution through 'agreement. 3. If the matter is not resolved through the work of the committee, the committee will make a report to the Executive � Board and the Executive Board shall refer the matter to the General Membership -Board for final resolution, by a majority vote of the Board. ARTICLE 20 —.Member Withdrawal from Consortium A. In addition to termination of a member as provided for in Article 18, a member agency and /or jurisdiction may withdraw from the Consortium by providing notice of intent to the Executive Board no later than September 15th of any given year to be-effective on January 1St of the subsequent year. Such notice must be in writing and time is of the essence in giving notice. = B. Upon proper written notice of intent to withdraw from the Consortium by a member, the Executive Board shall determine the conditions under which the Member may withdraw, including, but not limited to: (1) assessment of outstanding payments, if any, due from the Member to the Consortium, (2) assessment of assets or liabilities, if any, due to /from the Member from /to the Consortium. Such conditions shall be communicated in writing to the governing body of the member agency / jurisdiction within sixty (60) days of receipt of members notice to withdraw. 21 Last printed 5/21/2010 3:36:00 PM C. Members agree that they are not entitled to, nor will they receive any refund or reimbursement of costs for any amounts the member may have paid into the Consortium for: (1) proration of annual assessment costs /payments; (2) funds paid into a reserve or dedicated account for the purpose of replacing hardware in the future. The member will not, however, be responsible for any future payments towards the hardware replacement fund, unless such expenditure related to a long -term contract or bond that was previously authorized by the Consortium and the authorization for the that liability specifically stated that all members at that time would be responsible for their proportionate share of that liability until it is paid in full. ARTICLE 21 — Default A. Any of the events shall constitute a "default" by the offending member(s) under this Agreement: 1. Member fails to pay the Fiscal Agent all, or any part thereof, of a properly authorized and approved assessment when due, and such failure has not been corrected within ten (10) business days after written notification has been given to the governing body of the member agency; 2. Member improperly utilizes and /or maintains the system(s) coding structure as approved by the Executive Board and /or the Operations Board; 3. Member's use of information maintained within the system(s) operated and maintained by YAKCORPS in an illegal or unethical manner; 4. Member's failure to ensure that physical, electronic and procedural safeguards and controls are implemented and maintained within the members' agency(s), and between member agencies sufficient to safeguard confidential information and to prevent access by unauthorized individuals; 5. Member's failure to utilize all systems operated and maintained by the Consortium only in the manner intended or member's failure to follow and utilize only the codification standards as established and approved by the Operations Board; 6. Failure to maintain compliance with all Federal and State Public Safety technology requirements in all manners that have, or could reasonably be expected to have, an impact on the public safety systems governed by the Consortium; including, but not limited to: federal Criminal Justice Information Systems (CJIS) and Washington Criminal Information Center WACIC). 7. Member's failure to perform any other obligation set forth in this Agreement if such failure has not been corrected within thirty (30) days after YAKCORPS has given written notice of such failure to the governing body of the member agency; B. The Executive Board shall review the circumstances of any default and determine by majority vote the appropriate action(s) to be taken in response to the default, which may include any one or more of the following: 1. Technical and /or professional assistance to facilitate resolution of the underlying problems causing the default; 2. Restrictions on participation in the Consortium for a specific period of time preceding resolution; and /or 3. Expulsion from the Consortium. 22 Last printed 5/21/2010 3:36:00 PM • • • • 1 ARTICLE 22 — Dissolution of Consortium A. Dissolution of the consortium shall take place through either one of the following two procedures: The Executive Board shall formulate and approve, by a majority vote -of its' members, .a recommendation for dissolution and forwards it to the General Membership Board and to the governing bodies', of all member agencies / jurisdictions. No less than sixty (60) days and no more than-one hundred and eighty (180) days after such recommendation is forwarded to the governing bodies of all member agencies / jurisdictions, the General Membership Board shall approve, by a two - thirds majority vote of the then current members, the recommendation of dissolution. 2. The General Membership Board shall formulate a recommendation for dissolution and forwards it to the governing bodies' of all member agencies / jurisdictions. No less than sixty (60) days and no more than one hundred and eighty (180) days after such recommendation is forwarded to the governing bodies of all member agencies / jurisdictions, the General Membership Board approves, by a two- thirds majority vote of the then current members, the recommendation of dissolution. B. Dissolution shall not take effect until the Executive Board has completed the wrap up of the Consortium's duties and obligations, set forth in a final report and submitted to the General Membership Board and to the governing bodies of all member agencies / jurisdictions. The wrap up shall include resolution of any outstanding liabilities, disposition of assets, final accounting and resolution of all legal, financial and regulatory requirements. C. Disposition of property and assets shall take place as follows: Actual identifiable personal property contributed in total by one member for the benefit of the Consortium shall be returned to the member agency / jurisdictions that contributed it. New personal property /real property purchased in the name of YAKCORPS shal be partitioned on an equitable basis to the current members based upon a pro I share of contributions from the current members as determined in the current, or last utilized if no current calculation exists, annual cost allocatior calculation. A member shall have the option of purchasing any real /persona property from YAKCORPS in the event of dissolution of the Consortium, b) approval of the Executive Board, at its current fair market value. The ExecutivE Board shall use their best judgment to determine the current fair market value o personal property. In the event that real property is not sold to a member - entity the parties agree that the subject property(s) shall be sold for their current fair market value; in either case, the Executive Board shall determine the fair -marke Value of real property from the Yakima County Assessor's Office, and /or ar _ r 23 Last printed 5/21/2010 3:36:00 PM 3. Any remaining funds or assets after payment of all debts and liabilities shall be returned to each current member based upon the members' __proportionate share of the consortiums' most current annual cost allocations. ARTICLE 23 — Indemnification A. Each member shall have responsibility for and assume the risk of liability for its own wrongful and /or negligent acts or omissions, or those of its elected officials, officers, agents, employees or volunteers to the extent that liability exists, and agrees to defend, indemnify and hold harmless the other members from any such liability. ARTICLE 24 — Non - Discrimination A. The parties shall not discriminate in violation of any applicable federal, state and /or local law or regulation on the basis of age, sex, race, creed, religion, color, national origin, marital status, disability, honorably discharged veteran or military status, pregnancy, sexual orientation and any other classification protected under federal, state or local law. This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff, or termination, rates of pay or other forms of compensation, selection for training and the provision of services under this Agreement. ARTICLE 25 — The Americans with Disabilities Act 0 A. The parties shall comply with the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA) and its implementing regulations and Washington State's anti- discrimination law as contained in RCW Chapter 49.60 and its implementing regulations with regard to the activities and services provided pursuant to this Agreement. The ADA provides comprehensive civil rights to individuals with disabilities in the area of employment, public accommodations, public transportation, state and local government services and telecommunications. ARTICLE 26 — No Conflict of Interest A. The members covenant that neither they nor their employees have any interest and shall not hereafter acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of this Agreement. The parties further covenant they will not hire anyone or any entity having such a conflict of interest during the performance of this Agreement. ARTICLE 27— Severability A. If any part, paragraph, section or provision of this Agreement is adjudged to be invalid by any court of competent jurisdiction; such adjudication shall not affect the validity of any remaining section, part or provision of this Agreement. 24 Last printed 5/21/2010 3:36:00 PM 0 ARTICLE 28 — Execution A. This Agreement or Amendments hereto, shall be executed on behalf of each member pursuant to an appropriate Motion, Resolution or Ordinance of the governing body of each member. This Agreement or any Amendment thereto, shall be deemed adopted upon the date the governing body of the last member agency authorized the appropriate Motion, Resolution or Ordinance. B. This Agreement may be executed in two or more counterparts, and each such counterpart shall be deemed to be an original instrument. All such counterparts together will constitute one and the same Agreement. ARTICLE 29 —.Hold Harmless A. The parties to the Agreement shall defend, indemnify and save one another harmless from any and all claims arising out of the performance of this Agreement, except to the extent that the harm complained of arises from the sole negligence of one of the participating members. Any loss or liability resulting from the negligent acts errors or omissions of the General Membership Board, the Executive Board, the Operations Board or the Operating Committees, while acting within the scope of their authority under this Agreement, shall be borne by YAKCORPS exclusively. 0. ARTICLE 30 — Amendments A. This Agreement is subject to amendment, modification or replacement by the majority of the General Membership Board. Amendments to this Agreement shall require a two - thirds majority vote of the members present at any regular or special meeting of the General Membership.. on an amendment, modification or replacement of this Agreement shall be forwarded to the General Membership Board and /or the Executive Board, as applicable, a minimum of ten (10) days prior to a scheduled meeting at which a vote on such amendment, modification or replacement is to take place. B. Within ten (10) business days of approval by the General Membership Board, the Chair of the Executive Board shall forward the recommended amendment, modification or replacement to this Agreement to the governing body of each member jurisdiction for review and approval. C. Each member jurisdiction shall bring all recommended amendments, modifications or a replacement to the Agreement before its' governing body within forty -five (45) days of receipt of such from the Executive Board. Approval by at least two- thirds of the legislative bodies of member jurisdictions is required to authorize any amendment, modification or replacement to this Agreement. ARTICLE 31 — Entire Agreement A. This document, including the Addendums attached hereto, encompasses the entire Agreement of the members. No understanding or amendment, addendum or addition to this agreement shall be effective unless made in writing and approved by a majority vote at a properly scheduled and noticed meeting of the Executive Board. 25 Last printed 5/21/2010 3:36:00 PM ARTICLE 32 — Signatures I* A. Each party to this Agreement shall sign a signature page in a form required by law to constitute valid execution. Each signature page shall be titled "Yakima Consortium for Regional Public Safety's InterLocal AGREEMENT SIGNATURE PAGE" FOR (NAME OF ENTITY) ". ARTICLE 33 — Filing of Agreement Upon execution hereof, this Agreement shall be filed with the City Clerks of the respective participating members, the __Y_a_ k_ ima_ County Auditor, and such other governmental agencies as may be provided by law. 1 i 26 Last printed 5/21/2010 3:36:00 PM t kl:- I • Yakima Consortium for Regional Public Safety (YAKCORPS) INTERLOCAL AGREEMENT SIGNATURE PAGE FOR (Listed in Alphabetical Order) Member Agency Cities: City of Grandview Town of Granger Town of Harrah City of Mabton City of Moxee Town of Naches City of Selah City of Sunnyside City of Tieton City of Toppenish City of Union Gap City of Wapato City of Yakima City of Zillah County: County of Yakima Fire Districts: Fire District No. 1, Cowiche/Tieton Fire District No. 2, Selah Fire District No. 3, Naches Fire District No. 4, East Valley Fire District No. 5, Lower Valley Fire District No. 6, Gleed Fire District No. 7, Glade Fire District No. 9, Naches Heights Fire District No. 10, Fruitvale Fire District No. 11, Broadway Fire District No. 12, West Valley Fire District No. 14, Nile /Cliffdell Last printed 5/21/2010 3:43:00 PM Name Authorized Party Authorized Signature Date