Loading...
HomeMy WebLinkAboutR-2015-138 Mass Notification System Joint Use Agreement with Yakima CountyRESOLUTION NO. R-2015-138 A RESOLUTION authorizing the City Manager to execute and administer an intergovernmental service agreement between Yakima County (County) and City of Yakima (City) for the joint use of a Mass Notification System. WHEREAS, the need exists for a mechanism to provide timely notification and direction to the community in the event of a large-scale emergency; and, WHEREAS, Mass Notification Systems (MNS) serves the dual function of providing pertinent emergency information to the community via multimodal delivery methods, and providing a critical communication Zink for information sharing among key agency personnel; and, WHEREAS, through a comprehensive evaluation and Request For Proposal (RFP), the County and City have selected an MNS platform that provides the most appropriate balance of functionality and economy to meet the needs of the region; and, WHEREAS, it is in the best interest of the citizens for the City and the County to collaborate on a single MNS, yet allowing both jurisdictions the ability to operate the system jointly or independently as the situation dictates; and, WHEREAS, the City and County have authority to enter into interlocal cooperative agreements pursuant to Chapter 39.34 RCW to jointly accomplish services each are authorized to perform; and, WHEREAS, the County will serve as the host agency and the City will make annual pass-through payments, based upon a per capita formula, to the County; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute an agreement with Yakima County for a Mass Notification System, a copy of the Agreement is attached hereto and by reference made a part hereof, now, therefore, ADOPTED BY THE CITY COUNCIL this 17th day of November, 2015. Micah Cawley Mayor nun 11,1:1141r10 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. S.F. For Meeting of: November 17, 2015 ITEM TITLE: Resolution authorizing the execution of a 5 -year Interlocal Agreement with Yakima County for purchase and the joint use of a Mass Notification System SUBMITTED BY: Bob Stewart, Fire Chief SUMMARY EXPLANATION: The Mass Notification System is a web -based software platform that provides the means for emergency management personnel to communicate critical information to the community. Information such as pertinent evacuation instructions can be sent through voice message, text message or email within user -defined geographical areas. Resolution: X Ordinance: Other (Specify): Contract: X Contract Term: Start Date: End Date: Item Budgeted: Yes Amount: $12,050.15 Funding Source/Fiscal Impact: Strategic Priority: Partnership Development Insurance Required? No Mail to: Phone: APPROVED FOR SUBMITTAL: RECOMMENDATION: ATTACHMENTS: Description d Resolliinlioirn City Manager Upload Date 10/.26/2015 Type Resoll ii n lioirn DI Mass IIVAificatlion System LA 10/30/2015 Contract INTERLOCAL AGREEMENT BETWEEN THE CITY OF YAKIMA AND YAKIMA COUNTY FOR INSTALLATION AND JOINT USE OF A MASS NOTIFICATION SYSTEM THIS AGREEMENT is entered into between the City of Yakima, (hereinafter "City"), a municipal corporation, and Yakima County, Washington (hereafter "County"), a political subdivision of the State of Washington, pursuant to RCW 39 34 The City and the County may be collectively referred to herein as "the Parties". WHEREAS, the need exists for a mechanism to provide timely notification and direction to the community in the event of a large-scale emergency; and, WHEREAS, Mass Notification Systems (MNS) serves the dual function of providing pertinent emergency information to the community via multimodal delivery methods, and providing a critical communication link for information sharing among key agency personnel, and, WHEREAS, through a comprehensive evaluation and Request For Proposal (RFP), the County and City have determined the MNS package offered by Everbridge Inc provides the most appropriate balance of functionality and economy to meet the needs of the region; and, WHEREAS, it is in the best interest of the citizens for the City and the County to collaborate on a single MNS, yet allowing both jurisdictions the ability to operate the system jointly or independently as the situation dictates, and, WHEREAS, the County will serve as the host agency and the City will make annual pass- through payments, based upon a per capita formula, to Everbridge Inc through the County. NOW, THEREFORE, it is hereby agreed as follows. 1. Purpose The purpose of this Agreement is to provide for the Parties' cooperative participation in County -wide mass notification services to be provided to the County by Everbridge, Inc under separate agreement in accordance with the specific terms and conditions set forth in said Everbridge, Inc. Agreement, attached hereto and incorporated herein as Exhibit A to this Interlocal Agreement. it is also the purpose of this Interlocal Agreement to define the individual responsibilities and expectations of the Parties hereto with regard to cost sharing, liability allocation and other specific matters related to this Interlocal Agreement. 2. Duration. This Agreement shall become effective on the date of execution by the City and County and shall continue for a term of five (5) years, terminating on the same date as the Everbridge Agreement with the County expires, unless mutually renewed, terminated early or replaced by a subsequent agreement between the Parties 3. Project Design and Construction The County shall be responsible for the installation and operation of the Mass Notification System software in accordance with the underlying Agreement between the County and Everbridge The City shall be entitled to receive connection to the System to permit the City to enjoy the same level of emergency notification accessibility as the County is able to receive The County shall obtain or cause to be obtained and maintained in effect, all necessary permits, licenses and other governmental approvals that are required in connection with authorizing and receiving the Mass Notification services provided by Everbridge through the underlying service agreement. 4. Project Budget and Funding 4 1 Everbridge Service Budget The capital budget for the services to be provided to the City and County under the Everbridge Agreement are set forth in the invoice from Everbridge, attached hereto and made a part of this Interlocal Agreement as Exhibit B Total service costs, including one-time first year implementation and set-up fees, are Fifty Two Thousand Fifty Dollars and Fifteen Cents ($52,050.15). Annual fees thereafter, for a period of four additional years, are Forty Nine Thousand Three Hundred Forty Seven Dollars and Sixty-five Cents ($49,347.65) per year. These fees shall be shared between the City and the County as hereafter specifically provided below. 4 2 County Funding. The County will pay for a portion of the notification services towards the total annual costs of Everbridge services set forth above. For the first year, the County will pay Forty Thousand dollars. After the first year, the County will pay a proportionate amount of the cost based upon the population of Yakima County, not including the population of the City of Yakima. This amount, based upon 4/1/15 OFM population figures (156,750 — County, 93,220 — City), would be Sixty -Three percent (63%) of the annual cost, or Thirty -One Thousand, Eighty - Nine Dollars and Two Cents. 4 3 City Funding. The City will be responsible to pay to the County, for direct pass-through to Everbridge, the balance of the annual service fees owing to Everbridge under the Service Agreement that are not covered by the County's first year obligation identified in paragraph 4 2, above. For the first year, the City's obligation will be $52,050.15 - $40,000.00 = $12,050 15, payable upon invoice from the County for pass-through to Everbridge to fully satisfy the annual service obligation for Mass Notification service For years two through five, the City will pay its proportionate share of the yearly cost based upon its share of population within the County This amount, based upon 4/1/15 OFM population figures (156,750 — County, 93,220 — City), would be Thirty -Seven (37%) of the annual cost, or Eighteen Thousand, Two Hundred Fifty Eight Dollars and Sixty -Three cents. 4.4 The City and County will also share any incidental costs of the mass notification system using the same calculation based upon each party's proportionate share of populations within Yakima County. Notwithstanding the above, each party reserves the right to review and separately approve claims for payment of incidental costs, and the parties may modify the sharing calculation to more accurately reflect the percentage of benefit received by each party through performance of the service that forms the basis for the incidental charge(s) 4 5 Repayment Schedule. The City's financial obligation identified in paragraph 4 3, above shall be payable within thirty (30) days of receiving an invoice for payment due from the County for each annual payment obligation. The County shall submit an invoice to the City in August of each of the five (5) service contract years coinciding with Everbridge Inc invoicing the County 5. No Third Party Rights This Agreement is entered into for the sole benefit of the City and the County It shall confer no benefits or rights, direct or indirect, on any third parties. No person or entity other than the City and the County may rely upon or enforce any provision of this Agreement. 6. Indemnification and Hold Harmless. 6.1 Each party hereto agrees to be responsible for and assume liability in the performance of this Agreement for its own wrongful and/or negligent acts or omissions and those of its officers, agents, or employees to the fullest extent allowed by law. 6 2 No party shall be required to indemnify, defend or save harmless the other party if a claim, suit or action for injuries, death or damages is caused by the sole negligence of the other party. For such claims, suits or actions resulting from concurrent negligence of the parties the indemnity provisions provided herein shall be valid and enforceable only to the extent of the party's own negligence. Each of the parties agrees that its obligations under this sub -paragraph extends to any harm, demand and/or cause of action brought on by, or on behalf of, any of its employees or agents. For this purpose, each party, by mutual negotiation, hereby waives, with respect to the other party only, any immunity that would otherwise be available against such claims under the industrial insurance provisions of Title 51 RCW, only to the extent necessary to indemnify the other party 6 3 The provisions of this Section shall survive the termination or expiration of this Agreement. 6.4 Nothing contained in this Section or this Agreement shall create a liability or a right of indemnification in any third party 7. Integration. This Agreement contains all of the terms and conditions agreed on by the parties No other understandings, oral or otherwise, regarding the subject matter of the Agreement, are deemed to exist or to bind either of the parties 8. Modifications. The parties may modify this Agreement but no proposed changes or modifications shall have validity or become binding on either party unless such changes or modifications are in writing and executed by both parties. 9. Severabilit 9 1 If a court of competent jurisdiction holds any part, term or provision of this Agreement illegal, or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations shall be construed and enforced as if the Agreement did not contain the particular provision held invalid 9.2 If any provision of this Agreement is in direct conflict with any statutory provision of the State of Washington, that provision which is in conflict shall be deemed inoperative and null and void insofar as it conflicts, and shall be deemed modified to conform to such statutory provision 10. Waiver The waiver by either party of any term or condition of this Agreement shall not operate in any way as a waiver of any other condition, obligation or term or prevent either party from enforcing such provision 11. Survival. Any provision of this Agreement which imposes an obligation after expiration or termination of this Agreement shall survive the expiration or termination and shall bind the parties. 12. Notices Unless otherwise stated herein, all notices and demands are required in written form and sent to the parties at their addresses as follows TO. CITY OF YAKIMA City Manager City of Yakima 129 North Second Street Yakima, WA 98901 TO YAKIMA COUNTY Board of County Commissioners 128 North Second Street Yakima, WA 98901 13. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 14. Compliance with Law. All parties to this Agreement shall comply with all applicable federal, state and local laws, rules and regulations in carrying out the terms and conditions of this Agreement. 15. Filing Copies of this Agreement shall be listed by subject on each Party's web site, pursuant to RCW 39 34 040, and with the Yakima City Clerk. Executed by the parties, this I day of N.L74,111a7. 2015. ATTEST: CITY 04 YAKIMA O'R:•urke, City Manager City Contract No : Resolution No: /P-,-20/...0 / .3 BOARD OF YAKIMA O6IUNTY COMMISSIONERS Rand Elliott, Chairman ael D. Leita, Commissioner Excused Kevin J. Bouchey, Commissioner r�y Approved as to form. i, Don Anderson ` .Chief`Civil Deputy Prosecuting Attorney ATTEST: Tiera L. Girard, Clerk of the Board BOCC326-2015 November 3, 2015 ever Everbridge, Inc. Core Platfo Service Agreement This Core Platform Service Agreement ("Agreement") is entered into by and between Everbridge, Inc. ("Everbridge"), and ("Client"), effective on the date of Client's signature below ("Effective Date"). Everbridge and Client are each sometimes referred to as a "Party" and collectively, the "Parties". 1. SERVICES. 1.1 Orders. Everbridge shall provide Client access to its proprietary interactive communication solutions(s) (the "Solution(s)") subject to the terms and conditions set forth in this Agreement and the description of services and pricing provided in the applicable quote or other ordering document (e.g., statement of work) (the "Quote"). If applicable, Everbridge shall provide the training and professional services ("Professional Services") set forth in the Quote. Collectively, the Solutions and Professional Services are referred to as the "Services". Everbridge shall provide Client with login and password information for each User (as defined below) and will configure the Solutions based on the maximum number of Contacts, (as defined below), households or Users, as applicable depending on the Solutions ordered. 1.2 Affiliates. An Affiliate (as defined below) may purchase Services to the same extent as Client, provided, that the Affiliate purchases the Services on the same terms and conditions as are contained in this Agreement pursuant to a fully executed Quote agreed to by Everbridge and such Affiliate. Solely as to the Agreement between Everbridge and such Affiliate, all terms and references to "Client" shall refer to such Affiliate upon execution of an applicable Quote. By executing a Quote each Affiliate agrees to be bound by all the terms and conditions herein as to such Affiliate. "Affiliate" means any entity which directly or indirectly controls, is controlled by, or is under common control with the subject entity. "Control", for purposes of this definition of Affiliates, means (i) the ownership of greater than fifty percent (50%) of the voting power to elect directors of the subject entity, or (11) direct or indirect ownership or control of more than 50% of the voting interests of the subject entity An entity that otherwise qualifies under this definition will be included within the meaning of Affiliate even though it qualifies after the execution of this Agreement. 2. PAYMENT TERMS. Client shall pay the fees set forth in the Quote ("Pricing"). If Client exceeds the usage levels specified in the Quote, then Everbridge may invoice Client for any overages at the then applicable rate. Everbridge shall invoice Client annually in advance for all Solutions and Professional Services. All payments shall be made within thirty (30) days from date of invoice, after which interest shall accrue at a rate of one and one-half percent (1.5%) per month or the highest rate allowed by applicable law, whichever is lower Such interest shall be in addition to any other rights and remedies of Everbridge. Unless otherwise provided, Pricing does not include any local, state, federal or foreign taxes, levies or duties of any nature, all of which Client is responsible for paying, except for those relating to Everbridge's net income or property. If Everbridge is legally obligated to collect or pay taxes for which Client is responsible, the appropriate amount shall be invoiced to and paid by Client, unless Client provides a valid tax exemption certificate. 3. RESPONSIBILITIES. 3.1 Users. If Client has purchased Mass Notification or Incident Communications, Client shall in its discretion authorize SLG Core Platform Service Agreement v5 5.26.15 certain of its employees and contractors, and the employees and contractors of Affiliates, to access that Service as Users. If Client has purchased any other Solution, Client shall authorize the number of Users set forth on the Quote as applicable to that Service. Collectively, Client's employees and contractors who access any Solution as provided in this subsection are referred to as "User(s)". A "Contact' is any individual person that Client contacts through the Solutions and/or provides their personal contact information to Everbridge, including through an opt -in portal, as applicable. Client shall undergo the initial setup and training as set forth in the Onboarding Inclusion sheet provided with the Quote. If Client fails to complete such onboarding process within sixty (60) days of the Effective Date, unless such delay is the fault of Everbridge, any additional onboarding services will be subject to additional charges. There is no requirement to purchase additional services. 3.2 Client Data. "Client Data" is all electronic data Client transmits to Everbridge to or through the Solutions. Client shall retain all ownership rights in Client Data. Client shall have sole responsibility for the accuracy, quality, integrity, and legality of all Client Data. By ordering the Solutions, Client represents that it has the right to authorize and hereby does authorize Everbridge and its Solution Providers to collect, store and process Client Data including Contact data subject to the terms of this Agreement. "Solution Providers" shall mean communications carriers, data centers, colocation and hosting services providers, short messaging services ("SMS") providers and content and data management providers that Everbridge uses in providing the Solutions. Client shall maintain a copy of all Client Contact data it provides to Everbridge. Client acknowledges that the Solutions are a passive conduit for the transmission of Client Data and any data submitted by Contacts, and Everbridge has no obligation to screen, preview or monitor content, and shall have no liability for any errors or omissions or for any defamatory, libelous, offensive or otherwise unlawful content in any Client Data or data submitted by Contacts, or for any losses, damages, claims, or other actions arising out of or in connection with any data sent, accessed, posted or otherwise transmitted via the Solutions by Client or Contacts. 3.3 Limitations on Use. Client is responsible for all activity occurring under Client's account(s) and shall comply with all applicable Privacy Laws (as defined below) and all other applicable laws and regulations in connection with Client's use of the Services, including its provision of Client Data to Everbridge. Where applicable, Client shall obtain the required consent of Contacts to send communications through the Solutions. Client shall use the Service in accordance with Everbridge's then applicable Acceptable Use Policy posted on . Client shall promptly notify Everbridge of any unauthorized use of any password or account or any other act or omission that would constitute a breach or violation of this Agreement. 3.4 Security of Services. Everbridge's IT security and compliance program includes the following industry standards generally adopted by U.S. based SaaS providers: (i) reasonable and appropriate technical, organizational and security measures against the destruction, loss, unavailability, unauthorized access or alteration of Client Data in the possession or under the control of Everbridge, including to ensure the availability of information following interruption to, or failure of, critical business processes; and (iii) a third party audit of its security controls as provided in the "Privacy and Security Compliance" link on www.everbridge.com. "Privacy Laws" means all United States federal and state laws and regulations regarding consumer and data protection and privacy 1 4. TERM. This Agreement shall begin on the Effective Date and shall continue in effect until all underlying Quotes with Client have expired in accordance with the terms of such Quote(s), or if this Agreement is terminated earlier as provided herein. Services under an applicable Quote will begin as set forth in such Quote and shall continue for the initial term specified therein ("Initial Service Term"). If a Quote contains Services added to an existing subscription, such added Services shall be billed on a pro -rated basis and will be coterminous with the Initial Service Term or applicable renewal Service term ("Renewal Term"), unless otherwise agreed to by the parties. If at the end of the applicable Quote, Client intends to renew the Agreement, but has not provided a timely executed written renewal prior to the end of such term, then Everbridge, in its sole discretion, shall continue the Service(s) hereunder for thirty (30) days (the "Grace Period") in order to secure an executed renewal by Client, provided that Client shall pay to Everbridge the annual fee then in effect divided by twelve (12) (the "Monthly Holdover Fee"). The Grace Period is provided to Client as a courtesy so that Services will not be terminated prior to the execution of a renewal. Due to insurance and liability reasons Everbridge can only provide one Grace Period and will charge the Monthly Holdover Fee. The Monthly Holdover Fee is instituted in order to protect Client from termination or suspension of the Services, and to insure that timely renewals are entered into. Monthly Holdover Fees shall not be returned or refunded to the Client as a credit towards any renewal. 5. TERMINATION; SUSPENSION. 5.1 Termination by Either Party. Either Party may terminate this Agreement upon the other Partys material breach of the Agreement, provided that (i) the non -breaching Party sends written notice to the breaching Party describing the breach in reasonable detail; (ii) the breaching Party does not cure the breach within thirty (30) days following its receipt of such notice (the "Notice Period"); and (iii) following the expiration of the Notice Period, the non -breaching Party sends a second written notice indicating its election to terminate this Agreement. 5.2 Termination by Everbridge. If Client fails to pay any amounts due within thirty (30) days of their due date, Everbridge may terminate this Agreement or suspend the Services pursuant to the notice provisions above in Section 5.1 Termination for non- payment shall not relieve Client of its outstanding obligations (including payment) under this Agreement. If Everbridge suspends access to the Solution(s), Client's account shall not be reactivated until Client is in compliance with this Agreement and has paid all past due amounts plus a reconnection fee of up to the lesser of 10% of their annual Solution subscription or $1,000. 5.3 Suspension. Everbridge may suspend the Solution or any portion, for (i) emergency network repairs, threats to, or actual breach of network security; (ii) any substantive violation by Client of Section 3 or 6.2; or (iii) any legal, regulatory, or governmental prohibition affecting the Solution. In the event of a suspension under (i) or (iii), Everbridge shall use its best efforts to notify Client through its Client Portal and/or via email prior to such suspension and shall reactivate any affected portion of the Solution as soon as possible. In the event of suspension under (ii), Everbridge shall use best efforts to notify Client within two (2) hours of such suspension. 6. PROPRIETARY RIGHTS. 6.1 Grant of License. Subject to the terms and conditions of this Agreement, Everbridge hereby grants to Client, during the term of this Agreement, a limited, non-exclusive, non -transferable, non-sublicensable right to use the Solutions. 6.2 Restrictions Client shall use the Solution solely for its internal business purposes and shall not make the Solution available to, or use the Solution for the benefit of, any third party except as expressly set forth in this Agreement. Client shall not (i) sell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Solution except as expressly set forth herein; (ii) modify or make derivative works based upon the Solution; (iii) reverse engineer the Solution; (iv) remove, obscure or alter any proprietary notices or labels on the Solution or any materials made available by Everbridge; (v) use, post, transmit or introduce any device, software or routine (including viruses, worms or other harmful code) which interferes or attempts to interfere with the operation of the Solution; (vi) defeat or attempt to defeat any security mechanism of any Solution, or (vii) access the Solution for purposes of monitoring Solution availability, performance or functionality, or for any other benchmarking or competitive purposes; provided, however, that this subpart (viii) shall not preclude Client's ability to issue test messages as specified in Exhibit A. Client shall not and shall not attempt to access the Everbridge systems programmatically except as set forth on the System Inclusion sheet for Everbridge Open APIs. 6.3 Reservation of Rights. The Solutions (including all associated computer software (whether in source code, object code, or other form), databases, indexing, search, and retrieval methods and routines, HTML, active server pages, intranet pages, and similar materials) and all intellectual property and other rights, title, and interest therein (including copyrights, trade secrets, and all rights in patents, compilations, inventions, improvements, modifications, extensions, enhancements, configurations, derivative works, discoveries, processes, methods, designs and know-how pertaining to any of the foregoing) (collectively, "IP Rights"), whether conceived by Everbridge alone or in conjunction with others, constitute Confidential Information and the valuable intellectual property, proprietary material, and trade secrets of Everbridge and its licensors and are protected by applicable intellectual property laws of the United States and other countries. Everbridge owns (i) all feedback and other information (except for the Client Data) provided to Everbridge by Users, Client and Contacts in conjunction with the Services, and (ii) all transactional, performance, derivative data and metadata generated in connection with the Solutions. Except for the rights expressly granted to Client in this Agreement, all rights in and to the Solutions and all of the foregoing elements thereof (including the rights to any work product resulting from Professional Services and those to any modification, extension, improvement, enhancement, configuration or derivative work of the Solutions or any the foregoing elements thereof) are and shall remain solely owned by Everbridge and its respective licensors, and Client hereby assigns any such rights to Everbridge. Everbridge may use and provide Solutions and Professional Services to others that are similar to those provided to Client hereunder, and Everbridge may use in engagements with others any knowledge, skills, experience, ideas, concepts, know- how and techniques used or gained in the provision of the Solutions or Professional Services to Client, provided that, in each case, no Client Data or Client Confidential Information is disclosed thereby. 7. CONFIDENTIAL INFORMATION. 7.1 Definition; Protection. As used herein, "Confidential Information" means all information of a Party ("Disclosing Party") disclosed to the other Party ("Receiving Party"), whether orally, electronically, in writing, or by inspection of tangible objects (including, without limitation, documents or prototypes), that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information includes without limitation, all Client Data, all Everbridge Technology, and 2 either Party's business and marketing plans, technology and technical information, product designs, reports and business processes. Confidential Information shall not include any information that: (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party; (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (iii) was independently developed by the Receiving Party without breach of any obligation owed to the Disclosing Party; or (iv) is received from a third party without breach of any obligation owed to the Disclosing Party. The Receiving Party shall not disclose or use any Confidential Information of the Disclosing Party for any purpose other than performance or enforcement of this Agreement without the Disclosing Party's prior written consent. If Receiving Party is compelled by law to disclose Confidential Information of Disclosing Party, including under the Freedom of Information Act or other public information request (i.e , "state sunshine" laws) it shall provide Disclosing Party with prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at Disclosing Partys cost, if Disclosing Party wishes to contest the disclosure. Receiving Party shall protect the confidentiality of Disclosing Partys Confidential Information in the same manner that it protects the confidentiality of its own confidential information of like kind (but in no event using less than reasonable care). Receiving Party shall retain Confidential Information in accordance with its standard records and data retention policies. Receiving Party shall promptly notify Disclosing Party if it becomes aware of any breach of confidentiality of Disclosing Partys Confidential Information. 7.2 Upon Termination. Upon any termination of this Agreement, the Receiving Party shall continue to maintain the confidentiality of the Disclosing Party's Confidential Information and, upon request and to the extent practicable, destroy all materials containing such Confidential Information. Notwithstanding the foregoing, either Party may retain a copy of any Confidential Information if required by applicable law or regulation, in accordance with internal compliance policy, or pursuant to automatic computer archiving and back-up procedures, subject at all times to the continuing applicability of the provisions of this Agreement. 8. WARRANTIES; DISCLAIMER. 8.1 Everbridge Warranty. Everbridge shall provide the Solutions in material compliance with the functionality and specifications set forth on the relevant Solution system inclusion sheet. Everbridge shall provide 24X7X365 customer support in accordance with its most recently published Support Services Guide. Professional Services shall be performed in a professional manner consistent with industry standards. THE FOREGOING REPRESENT THE ONLY WARRANTIES MADE BY EVERBRIDGE HEREUNDER AND EVERBRIDGE EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. 8.2 Disclaimer. NEITHER EVERBRIDGE NOR ITS LICENSORS OR SERVICE PROVIDERS WARRANT THAT THE SOLUTION WILL OPERATE ERROR FREE OR WITHOUT INTERRUPTION. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL EVERBRIDGE HAVE ANY LIABILITY FOR PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE ARISING FROM FAILURE OF THE SOLUTION TO DELIVER AN ELECTRONIC COMMUNICATION, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF EVERBRIDGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 8.3 SMS Transmission. CLIENT ACKNOWLEDGES AND AGREES THAT THE USE OF SMS SERVICES, ALSO KNOWN AS SMS MESSAGING OR TEXT MESSAGING, AS A MEANS OF SENDING MESSAGES INVOLVES A REASONABLY LIKELY POSSIBILITY FROM TIME TO TIME OF DELAYED, UNDELIVERED, OR INCOMPLETE MESSAGES AND THAT THE PROCESS OF TRANSMITTING SMS MESSAGES CAN BE UNRELIABLE AND INCLUDE MULTIPLE THIRD PARTIES THAT PARTICIPATE IN THE TRANSMISSION PROCESS, INCLUDING MOBILE NETWORK OPERATORS AND INTERMEDIARY TRANSMISSION COMPANIES. CLIENT FURTHER UNDERSTANDS, ACKNOWLEDGES, AND AGREES THAT IT ASSUMES ALL RISK ASSOCIATED WITH ANY SUCH DELAY, LACK OF DELIVERY OR INCOMPLETENESS. 9. INDEMNIFICATION. 9.1 By Client. Client shall defend, indemnify and hold Everbridge harmless against any loss or damage (including reasonable attorneys' fees) incurred in connection with any third party claim, suit or proceeding ("Claim") arising out of any data sent, posted or otherwise transmitted via the Solution by Client or Contacts, or Client's breach of the tax provisions in Section 2 or any breach by Client of Sections 3 or 6. 9.2 By Everbridge. Everbridge shall defend, indemnify and hold Client harmless from and against any Claim against Client alleging that the Solution as contemplated hereunder infringes an issued patent or other IP Right in a country in which the Solution is provided to Client. 9.3 Indemnification Process. The indemnifying party's obligations under this Section 9 are contingent upon the indemnified party (a) promptly giving notice of the Claim to the indemnifying party once the Claim is known; (b) giving the indemnifying party sole control of the defense and settlement of the Claim (provided that the indemnifying party may not settle such Claim unless such settlement unconditionally releases the indemnified party of all liability and does not adversely affect the indemnified party's business or service); and (c) providing the indemnifying party all available information and reasonable assistance. With respect to Everbridge's indemnification obligations, if (x) any aspect of the Solution is found or, in Everbridge's reasonable opinion is likely to be found, to infringe upon the IP Right of a third party as specified above, or (y) the continued use of the Solution is enjoined, then Everbridge will promptly and at its own cost and expense at Everbridge's option: (i) obtain for Client the right to continue using the Solution; (ii) modify such aspect of the Solution so that it is non - infringing; or (iii) replace such aspect of the Solution with a non - infringing functional equivalent. If, after all commercially reasonable efforts, Everbridge determines in good faith that options (i) - (iii) are not feasible, Everbridge will remove the infringing items from the Solution and refund to Client on a pro -rata basis any prepaid unused fees paid for such infringing element. The foregoing remedies are Client's exclusive remedy for Claims for infringement of an IP Right. Everbridge shall have no obligation or liability for any claim pursuant to this Section to the extent arising from: (1) the combinations, operation, or use of the Solution supplied under this Agreement with any product, device, or software not supplied by Everbridge to the extent the combination creates the infringement; (ii) the unauthorized alteration or modification by Client of the Solution; or (iii) Everbridge's compliance with Client's designs, specifications, requests, or instructions pursuant to an engagement for Everbridge Professional Services relating to the Solution to the extent the claim of infringement is based on the foregoing. 3 10. LIABILITY LIMITS. To the maximum extent permitted by law, neither Party shall have any liability to the other Party for any indirect, special, incidental, punitive, or consequential damages, however caused, under any theory of liability, and whether or not the Party has been advised of the possibility of such damage. Except for: (i) indemnification obligations under Section 9; (ii) breaches of confidentiality; and (iii) misappropriations of intellectual property, notwithstanding anything in this Agreement to the contrary, in no event shall either Party's aggregate liability, regardless of whether any action or claim is based on warranty, contract, tort, indemnification or otherwise, exceed three times (3X) amounts paid or due by Client to Everbridge hereunder during the 12 month period prior to the event giving rise to such liability. The foregoing limitations shall apply even if the non -breaching party's remedies under this Agreement fail their essential purpose. 11. MISCELLANEOUS. 11.1 Non -Solicitation. As additional protection for Everbridge's proprietary information, for so long as this Agreement remains in effect, and for one year thereafter, Client agrees that it shall not, directly or indirectly, solicit, hire or attempt to solicit any employees of Everbridge; provided, that a general solicitation to the public for employment is not prohibited under this section. 11.2 Force Majeure; Limitations. Everbridge shall not be responsible for performance under this Agreement to the extent precluded by circumstances beyond Everbridge's reasonable control, including without limitation acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, labor problems, computer, telecommunications, Internet service provider or hosting facility failures, or delays involving hardware, software or power systems, and network intrusions or denial of service attacks. The Solution delivers information for supported Contact paths to public and private networks and carriers, but cannot guarantee delivery of the information to the recipients. Final delivery of information to recipients is dependent on and is the responsibility of the designated public and private networks or carriers. Client acknowledges and agrees that territories outside the U.S. and Canada may have territorial restrictions resulting from applicable law, telecommunications or internet infrastructure limitations, telecommunications or intemet service provider policies, or communication device customizations that may inhibit or prevent the delivery of certain SMS, text or other notifications, or restrict the ability to place or receive certain calls such as outbound toll free calls. Everbridge shall have no liability to the extent such restrictions impede the Solution. 11.3 Waiver; Severability. The failure of either Party hereto to enforce at any time any of the provisions or terms of this Agreement shall in no way be considered to be a waiver of such provisions. If any provision of this Agreement is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision shall, to the extent required, be deemed deleted or revised, and the remaining provisions shall continue in full force and effect to the maximum extent possible so as to give effect to the intent of the parties. 11.4 Assignment. Neither party may assign this Agreement to any third party except upon the other Party's prior written consent, which consent shall not be unreasonably withheld or delayed; provided, that no such consent shall be required in the event of an assignment to an Affiliate or to a successor -in -interest to the business of the assigning Party resulting from a merger, reorganization, or sale of all or substantially all assets. Notwithstanding the above, neither Party shall assign this Agreement to any third party which is a competitor of the other Party 11.5 Governing Law; Attorney's Fees. This Agreement shall be governed and construed in accordance with the laws of the State of Delaware, without regard to its conflicts of laws rules. The U.N. Convention on Contracts for the International Sale of Goods shall not apply The prevailing party in any action arising out of this Agreement shall be entitled to its reasonable attorneys' fees and costs. 11.6 Notices. Legal notices (i.e., claimed breach or termination) to be provided under this Agreement shall be delivered in writing (a) in person, (b) by nationally recognized overnight delivery service, or (c) by U.S. certified or first class mail to the other party as set forth on the signature page hereto. All legal notices shall be deemed to have been given upon receipt or, if under (c), three (3) business days after being deposited in the mail. Either party may change its address by giving notice of the new address to the other party pursuant to this Section and identifying the effective date of such change. Everbridge may provide all other notices to Client's billing contact on the Client Registration Form or, with respect to availability, upgrades or maintenance of the Solutions, to the Everbridge Support Center. 11.7 Marketing. Client consents to Everbridge referencing Client's name and logo as an Everbridge Client in Everbridge publications, its website, and other marketing materials. 11.8 Equal Employment Opportunity. Everbridge, Inc. is a government contractor and is subject to the requirements of Executive Order 11246, the Rehabilitation Assistance Act and VEVRAA. Pursuant to these requirements, the Equal Opportunity Clauses found at 41 Code of Federal Regulations sections 60- 1.4(a) (1-7), sections 60 -250.4(a -m), sections 60-300.5 (1-11) and sections 60-741.5 (a) (1-6) are incorporated herein by reference as though set forth at length, and made an express part of this Agreement. 11.9 Export Compliant. Neither Party shall export, directly or indirectly, any technical data acquired from the other pursuant to this Agreement or any product utilizing any such data to any country for which the U.S. Government or any agency thereof at the time of export requires an export license or other governmental approval without first obtaining such license or approval. 11.10 U.S. Government End -Users. The Solutions and related documentation are "commercial items" as defined at 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F R. 12.212 and 48 C F.R. 227.7202-1 through 227.7202-4, U.S. govemment customers and end-users acquire licenses to the Solutions and related documentation with only those rights set forth herein. 11.11 General. This Agreement, including its Exhibits and any Quote, constitutes the entire agreement between the Parties and supersedes all other agreements and understandings between the Parties, oral or written, with respect to the subject matter hereof, including any confidentiality agreements. Everbridge represents that its response to RFP #C11502 -P is true and accurate as of the date of submission. This Agreement shall not be modified or amended except by a writing signed by both Parties. ANY NEW TERMS OR CHANGES INTRODUCED IN A PURCHASE ORDER OR OTHER DOCUMENT ARE VOID AND OF NO FORCE OR EFFECT EVERBRIDGE'S ACKNOWLEDGEMENT OF RECEIPT OF SUCH DOCUMENT OR ACCEPTANCE OF PAYMENT SHALL NOT CONSTITUTE AGREEMENT TO ANY TERMS OTHER THAN THOSE SET FORTH IN THIS AGREEMENT There are no third party beneficiaries to this Agreement. Any right, obligation or condition that, by its express terms or nature and context is intended to survive the termination or expiration of this Agreement, shall 4 survive any such termination or expiration hereof. This Agreement, and any other document referencing and govemed by this Agreement may be executed in one or more counterparts, each of which shall be deemed an original but which together shall constitute the same agreement. Each Party agrees to be bound by its digital or electronic signature, whether transmitted by fax machine, in the form of an electronically scanned image (e.g., in .pdf form), by email, or by other means of e -signature technology, and each Party agrees that it shall accept the signature of the other Party transmitted in such a manner. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized representatives. EVERBR By: Print Na Title: Date. NC. Address: 500 N. Brand Blvd., Suite 1000 Glendale, Califomia 91203 For legal notice: Attention: Legal Department CLIENT: By: Print Name: Title: Date: Client's Address: Attn: Address for Legal Notice: Attn: EXHIBIT A Additional Business Terms The following additional business terms are incorporated by reference into the Agreement as applicable based on the particular products and services described on the Quote. Nixl- n; Branded Products and Community Engagement: Client grants to Everbridge a non-exclusive, royalty free, worldwide and perpetual right and license (including sublicense) to (a) use, copy, display, disseminate, publish, translate, reformat and create derivative works from communications Client sends through the Solutions for public facing communications to citizens, other public groups and public facing websites, including social media (e.g., Googl , Facebook®) (collectively, "Public Communications"), (b) use and display Client's trademarks, service marks and logos, solely as part of the Public Communications to Contacts who have opted in to receive those Communications, and on other websites where Everbridge displays your Public Communications, as applicable, and (c) place a widget on Client's website in order to drive Contact opt -in registrations. Client further acknowledges and agrees that all personal information from individuals registering through such widget is owned expressly by Everbridge and such information will be governed by the applicable Privacy Policy. Everbridge Branded Products: "Data Feed" means data content licensed or provided by third parties to Everbridge and supplied to Client in connection with the Solution (e.g., real time weather system information and warnings, 911 data, third party maps, and situational intelligence). "Incident Administrator" means an individual who is authorized by Client as an organizational administrator for the Incident Management or IT Alerting Solution. "Incident Operator" means an individual who is authorized by Client as an operator of the Incident Management or IT Alerting Solution. 1. Data Feeds. Notwithstanding anything to the contrary in this Agreement, to the extent that Client has purchased or accesses Data Feeds, such feeds are provided solely on an "AS IS" and "AS AVAILABLE" basis and Everbridge disclaims any and all liability of any kind or nature resulting from any inaccuracies or failures with respect to such Data Feeds. The sole and exclusive remedy for any failure, defect, or inability to access the content of such Data Feed shall be to terminate the Data Feed with no further payments due. 2. Incident Management/IT Alerting. For Clients purchasing the Incident Management or IT Alerting Solution, unless designated as unlimited: (a) Clients may only designate the number of Users set forth on the Quote, and such individuals shall only have the access rights pursuant to such designation and role; (b) Incident Administrators shall have the ability to build incident templates, report on incidents, and launch incident notifications; (c) Incident Operators shall only have the ability to launch or manage incidents; (d) IT Alerting Users shall have the ability to build, launch or manage incidents as well as participate in an on-call schedule to receive IT outage notifications, and (e) Client shall be provided the number of incident templates purchased pursuant to the Quote. 3. Secure Messaging. For Customers purchasing peer to peer secure messaging solutions ("Secure Messaging"), Everbridge shall comply with all applicable privacy laws including, the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), Health Information Technology for Economic and Clinical Health Act ("HITECH Act"), and the Gramm - Leach -Bliley and the Fair Credit Reporting Act, as applicable based on solution purchased. Any Business Associate Agreement executed in connection with this Agreement shall be incorporated and made a part of this Agreement. Customer acknowledges and agrees that Secure Messaging solutions are intended to deliver non-critical, non -emergency messages between users as a convenience to facilitate communications and are not intended for or suitable for use in situations where a failure or time delay of, or errors or inaccuracies in, the content, data or information provided through the services could lead to death, personal injury or property damage. Non -Critical Messaging 1 If Client is using the solution to send non -emergency calls, text messages or emails to consumers, Client expressly agrees to comply with the Telephone Consumer Protection Act of 1991, including its implementing regulations, the CAN -SPAM Act of 2003, and any other similar laws and regulation (collectively, "Consumer Protection Law"). Client shall not violate these or others applicable laws and warrants that it shall receive express consent from Contacts if its messages fall within these Consumer Protection Laws. Client shall defend, indemnify and hold Everbridge harmless from any violation by Client of Consumer Protection Law. Client further agrees, that any marketing or sales related text messages will comply with the policies and guidelines of the Mobile Marketing Association. More information can be found at http://mmaglobal.com/policies. 6 EXHIBIT B PAWS.- CMAS/VVEA Addendum This addendum is incorporated by reference into this Agreemeol applicable based on the particular products and services tir.,suribed or, the Quote 1 iPAWS Authorization Client represents and warrants to Everbridge that any employee, agents, or representatives of Client who access IPAWS-OPEN using Client's credentials provided by FEMA (each. an 'PAWS User"), are authorized by FEMA to use IPAWS-OPEN, have completed ail required training, and Client has executed an IPAWS Memorandum of Agreement (MON') with FEMA. Client shall contact Everbridge immediately upon any change in Client or any IPAWS User's right to access IPAWS-OPEN Client shall only access !PAWS -OPEN using its designated credentials and FEMA issued digital certificate ("Digital Certificate"). Client acknowledges and agrees that Everbridge shall not have access to its credentials and that Client assumes full responsibility for maintaining the confidentiality of any credentials issued to it. Client shall be solely responsible for any and all claims, damages, expenses (including attorneysfees and costs) that arse from any unauthorized use or access to IPAWS-OPEN 2. Credentials Client shall load and maintain within its Everbridge account Organization its Digital Certificate, COG ID and Common Name. Client authorizes and requests Everbridge to use the foregoing stored information to connect Client to IPAWS-OPEN. Messaging: Client acknowledges and agrees that: (i) upon submission of messages to IPAVVS-OPEN, Everbridge shall have no further liability for the distribution of such message, and that the distribution through IPAWS. OPEN, including, but not limited to, delivery through the Emergency Alert System or the Commercial Mobile Alert System, is in no way guaranteed or controlled by Everbridge (ii) Everbridge shall not be liable as a result of any failure to receive messages distributed through IPAWS-OPEN, (iii) IPAWS may include additional features not supported through the Everbridge system. and Everbridge shall not be required to provide such additional features to Client: and (iv) Client shall be solely responsible and liable for the content of any and all messages sent through IPAWS-OPEN utilizing its access codes 4 Iffm. Client acknowledges and agrees that access to IPAWS-OPEN shall be available once Client has provided Everbridge with the Digital Certificate and any other reasonably requested information to verify access to the system. Upon termination of the Agreement access lo IPAWS-OPEN shall immediately terminale In addition. Everbridge may immediately terrninatewithout liability, access to !PAWS -OPEN, if Client breaches this Addendum, the MOA, or FEMA changes the IPAWS-OPEN system SD that it materially change the business terms andlor feasibility for Everbridge to provide such access. $*,$$$$.4$$$$,$,,,,,$$, (Everbridge, Inc.) 44i DONE this __ day of dikQ'ArC7' Attest: Tiera L. Girard Clerk of the Board BOCC236-2015 August 4, 2015 Approved as to fo r \ \ kj. \ A.. \. Deputy Prosecuting A ttorney- 111,64:i 2015 BOARD OF Y Excused CO TY CO 1 1 SSIONERS J. Rand Elliott, Chairman icliaelD. Leita. Co • issioner .chey, Commissioner Board of County Commissioners for t Ave° County, Washington everbridge Everbridge Inc. 500 North Brand Blvd. Suite 1000 Glendale CA 91203 ? Attn: Scott Miller Yakima Valley Office of Emergency Management 2403 South 18th Street Suite 200 Union Gap WA 98903 United States 1 100015722 Invoice Page 1 of 2 I Attn: Scott Miller 1 Yakima Valley Office of Emergency Management = 2403 South 18th Street Suite 200 Union Gap WA 98903 United States Stuver, Patrick 101-01-22-0101-000 101-01-22-0101-000 I 101-01-11-0203-000 101-01-11-0203-000 101-01-11-1002-000 101-01-11-1002-000 101-01-11-1004-000 101-00-11-1060-000 101-00-11-1060-000 Mass Notification Setup Offset for Installment Billing Everbridge Mass Notification (MN) with Unlimited Domestic Minutes Offset for Installment Billing IPAWS/WEA Notification I Offset for Installment Billing Mobile Member i Smart Weather Alerting (includes 1 location in base weather subscription) Offset for Installment Billing 3,662.55 i 1 1 -578.78 1 45,781.87 1 1? 1 1I 1 -9,642.39 2,500.00 1 I -347.27 8,500.00 4,500.00 -578.78 31.74% 0.0%f 1 9.03% 1 0.0% 40.0% 0.0% I 100.0% i 44.44% 0.0% 1 2,500.00 -578.78 41,650.00 -9,642.39 i 1,500.00 I 1 -347.27 0.00 2,500.00 -578.78 everbridge Everbridge Inc. 500 North Brand Blvd. Suite 1000 Glendale CA 91203 Invoice 11190 18/20/2015 , M2697O Page 2 of 2 Everbridge Inc. Subtotal Tax (Sales Tax 8.1%) Total 11190 Yakima Valley Office of Emergency M.. M26970 $40,000.00 j Everbridge, Inc. Dept LA 23623 Pasadena, CA 91185-3623 Wire Payments: Please call Everbridge Finance department at (818) 230 - 9786 for wire instructions. 37,002.78 2,997.22 $40,000.00 Remittance Slip everbridge Everbridge Inc. 500 North Brand Blvd. Suite 1000 Glendale CA 91203 Attn: Scott Miller 1 Yakima Valley Office of Emergency Management 2403 South 18th Street Suite 200 Union Gap WA 98903 United States 111190 Invoice 8/20/2015 M26971 Page 1 of 2 Attn: Scott Miller Yakima Valley Office of Emergency Management 1 2403 South 18th Street 1 Suite 200 Union Gap WA 98903 United States Net 30 42501 9/19/2015 ;00015722 USD 101-01-22-0101-000 Mass Notification Setup 101-01-22-0101-000 ? Offset for Installment Billing 101-01-11-0203-000 Everbridge Mass Notification (MN) with Unlimited Domestic Minutes 101-01-11-0203-000 I Offset for Installment Billing 101-01-11-1002-000 IPAWS/WEA Notification 101-01-11-1002-000 Offset for Installment Billing 101-01-11-1004-000 I Mobile Member 101-00-11-1060-000 } Smart Weather Alerting (includes 1 location in base weather subscription) i I 101-00-11-1060-000 i Offset for Installment Billing 1 Stuver, Patrick 8/4/2015 3,662.55 -1,921.22 45,781.87 1 1 -32,007.61 i I 1 I 2,500.00 a 1 1 -1,152.73 1 I 8,500.00 1 r 4,500.00 1 = -1,921.22 8/3/2016 31.74% 0.0%1 9.03% 0.0% 40.0% 0.0% 100.0% 44.44% 0.0% 85000 2,500.00 -1,921.22 41,650.00 -32,007.61 1,500.00 -1,152.73 1 0.00 2,500.00 -1,921.22 everbridge Everbridge Inc. 500 North Brand Blvd. Suite 1000 Glendale CA 91203 Invoice 11190 8/20/2015 M26971 Page 2of2 Subtotal Tax (Sales Tax 8.1%) Total 11,147.22; 902.93 $12,050.15 I Everbridge Inc. Remittance Slip 11190 Yakima Valley Office of Emergency M... i M26971 $12,050.15 Everbridge, Inc. Dept LA 23623 Pasadena, CA 91185-3623 Wire Payments: Please call Everbridge Finance department at (818) 230 - 9786 for wire instructions. April 1, 2015 Population of Cities, Towns and Counties Used for Allocation of Selected State Revenues State of Washington County Census Estimate Estimate Estimate Estimate Estimate Municipality 2010 2011 2012 2013 2014 2015 Whatcom 201,140 202,100 203,500 205,800 207,600 209,790 Unincorporated 87,065 87,535 87,921 88,276 88,822 89,788 Incorporated 114,075 114,565 115,579 117,524 118,778 120,002 Bellingham 80,885 81,070 81,360 82,310 82,810 83,580 Blaine 4,684 4,705 4,760 4,785 4,865 4,905 Everson 2,483 $ 2,495 2,520 2,550 2,570 2,580 Ferndale 11,415 11,530 11,830 12,290 12,710 12,920 Lynden 11,951 12,060 12,340 12,730 12,920 13,090 Nooksack 1,338 1,350 1,370 1,410 1,435 1,460 Sumas 1,319 * 1,355 * 1,399 " 1,449 * 1,468 * 1,467 * Whitman 44,776 44,800 45,950 46,000 46,500 47,250 Unincorporated 5,961 5,974 5,974 6,035 6,065 6,084 Incorporated 38,815 38,826 39,976 39,965 40,435 41,166 Albion 579 555 545 550 555 555 Colfax 2,805 2,805 2,790 2,780 2,765 2,790 Colton 418 425 415 420 420 420 Endicott 289 293 # 295 295 300 + 296 + Farmington 146 145 145 145 150 150 Garfield 597 600 595 595 595 595 LaCrosse 313 315 315 315 320 320 Lamont 81 " 80 80 80 80 80 Malden 203 205 205 205 205 200 Oakesdale 422 425 425 425 425 430 Palouse 998 1,005 1,020 1,020 1,030 1,030 Pullman 29,799 29,820 31,000 30,990 31,420 32,110 Rosalia 550 555 555 555 555 560 St. John 543 " 523 " 501 * 500 505 510 Tekoa 778 775 785 770 775 785 Uniontown 294 300 305 320 335 335 2 r Yakima 243,231 244,700 246,000 247,250 248,800 249,970 'tea J S Unincorporated 83,755 84,300 84,800 84,910 85,410 85,985 Incorporated 159,476 160,400 161,200 162,340 163,390 163,985 Grandview 10,862 10,920 11,000 11,010 11,170 11,200 Granger 3,246 3,270 3,285 3,315 3,495 3,640 Harrah 630 * 630 650 645 645 650 Mabton 2,286 2,290 2,290 2,305 2,310 2,310 Moxee 3,308 3,415 3,505 3,655 3,720 3,810 Naches 795 805 805 805 815 830 Selah 7,147 7,205 7,290 7,340 7,395 7,495 Sunnyside 15,858 16,010 16,130 16,200 16,230 16,280 Tieton 1,191 1,195 1,195 1,235 1,255 1,255 Toppenish 8,949 8,950 8,950 8,950 8,955 8,965 Union Gap 6,047 6,055 6,105 6,110 6,140 6,150 Wapato 4,997 5,025 5,030 5,035 5,040 5,040'-'7/ Yakima 91,196 $ 91,630 91,930 92,620 93,080 93,220 Zillah 2,964 3,000 3,035 3,115 3,140 3,140 Washington 6,724,540 6,767,900 6,817,770 6,882,400 6,968,170 7,061,410 Unincorporated 2,478,323 2,454,633 2,438,547 2,449,701 2,470,761 2,497,039 Incorporated 4,246,217 4,313,267 4,379,223 4,432,699 4,497,409 4,564,371