HomeMy WebLinkAboutILA - BI-PIN - Bi-County Police Information Network - Third Restated Interlocal e � 2021-039440 AGR
08123/2021 10:59;56 AM Pages: 14 Fme: $216.50
Kennewick City Clerk
Benton County� Benton County Ruditor's OFfice
�III l��1�LY��ih,I�b'�h I���iL�M�h4�f M��ti�4 M��Y4�h �I II I
After Recording Return to:
Kennewick City Clerk
P.O. Box 6108
Kennewick, WA 99336
THIRD RESTATED INTERLOCAL COOPERATION
AGREEMENT BETWEEN
THE COUNTIES OF BENTON AND FRANKLIN AND
THE CITIES OF CONNELL, KENNEWICK, PASCO,
RICHLAND, WEST RICHLAND AND PROSSER
(POLICE INFORMATION NETWORK)
WHEREAS, the Interlocal Cooperation Act codified in RCW 39.34 allows public agencies to
exercise their powers jointly, thereby maximizing their ability to provide setvices and facilities which
will best fulfill the needs of the corrununity as a whole; and
WHEREAS, the joint exercise of a regional criminal justice record and infornlation system
promotes the deterrence and solution of criminal incidents by providing increased access to local
incident and warrant infonnation,reducing the need for redundant data entry,iinproving the protection
of criminal files against loss or destruction, and increasing the responsiveness of the respective la�v
enforcement agencies through crime analysis and investigative support functions; and
WHEREAS, the counties of Benton and Franklin, along with the cities of Kennewick, Pasco,
and Richland first entered into an Interlocal Agreement in 1982 which created the BiCounty Police
Information Network('BI-PIN"); �nd
WHEREAS, the original BI-PIN Interlocal was amended in 1988, 1992, 1995, and 2003; and
restated in 2009.
WHEREAS, the restated BI-PIN Interlocal was restated again in 201 1 and amended in 2012;
and
WHEREAS,the Counties of Benton and Franklin and the Cities of Connell,Kenr►ewick, Pasco,
Richland, West Richland, and Prosser, tlu-ough their respective law enforcement departments, desire
to jointly utilize an expanded law enforceinent records management system to be operated by the
Kennewick Information Technology Division; and
BIPIN Interlocal A�reement 5/20�'2021
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WHEREAS, therefore the parties wish to resci�ld the existiug BI-PIN Interlocal and enter into
this ihird restated agreement to clearly set forth existing and future obligations and objectives of the
parties hereto, a�id to accouiit for possible �ie�� members a�ld the obli��atioiis that ���ould apply to ne��
t11Clllllel'S;
NOW THEREFORF: BL� I"l' AGREED, in accordance with the provision�of RCW 39.34.030:
Seetion 1 —Formation and Purpose of BI-PIN.The Counties of Benton and Franklin and the Cities
of Con�iell, Kenne«ick, Pasco, Riehlaiid. West Richla�id and Prosser hereby establish the BiCou�lty
Police Infornlation Network ("BI-PIN"). Benton County, Franklin County, Keii�iewick, Pasco a�id
Richland are tl�e tive cliarter ageticies ("Charter Agencies") that have e�lhanced voting rights as set
fortll in this agreement. In order to assist the participatiiig police and sheritfs departme�its in tl�e
deterrence and sc�lution of criminal incidents, and in recognition of the high cost of technology and
c�peration of information systems,the participating members are entering into this Interlocal agreement
t�� continue to jointly utilize a common law enforcement and jail records mauagetuent system for the
foll�win�puip�ses:
• Increase access to local incident and «�ant/warrant infonuation.
• Enhance the sharing of infonnation amoii�the criminal justice agencies.
• Improve a��ailability of operational and management intonnation.
• Pmvide for increased responsiveness to crime ailalysis and investigative support functions.
• Reduce tlle need for reduiidant data ei�try and duplicate data t71es.
• Provide for improved protection against loss or destruction ot�criminal inti�rmation tiles.
Section 2—Or�anization of BI-PIN. In c�rder to pro��ide for the on-going administration of BI-PIN,
the iollowing organizational structure is adopted tor the organization:
2.1 Ezecuti��e Committee. The Executive C ommittee is composed of the City Managers, Ciry
Administrators, and County Administrators or their desig�iee, as appropriate, fmm each of�the member
a�:encies and each shall be a voting member. A liaisan from the Bi-County Police Chiefs and Sheriffs
and from Benton County Emergency Services shall be ex �f'ticio, non-voting members.
.A chainnan shall be elected by the Executive Cc�mmittee and will serve a tive-year tenn with no limit
as to the number of consecuti��e tive-year tenns that may be served. The Exerutive Committee ���ill
nieet at least quarterly or moi•e often as required. 7'he conui�ittee��ill keep miilutes of its meetings,and
copies of these minutes shall go to all members ��f the committee.
It is the responsibility of the Executive Conuilittee to set policie5 regarding all aspects of BI-PIN
a�tivities, approve contracts «�hich shall be signed by the chairman, re��iew the cost sharing
methodolc��y set forth in Section�.3 annually as part ��f the bud�et,appm��e the proposed a�ulual budget
and work program, set the cost recovery for ne��� B1-PIN members, and make tinal decisions on
adopti�n �f software applications a»d minimum hardware requireluents for systems that are owned or
operated by BI-PIN, or for systems ownecl by parties to this agreement that interface with B1-PIN.
2.2'I'echnical Committee. The technical committee is co�nposed of the Into►-matiun Systems Manager
(or ecluivaleiit positioii) of each ��f� the BI-PIN mcmber agencies and Benton Cc�u�Ity Emergency
BIPIN Intrrluc�il A�rccmcnt 5�2U 2U21
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Ser��ices. The Operating Jurisdiction's IT Manager���ill chair the Technical Committee. The Technical
Coinmittee will provide reconui�endations tllrough the Operating Jurisdictioil to the Executive
Committee on teclu�ical decisions that affect the BI-PIN system. The Technical Committee will meet
on an as-needed basis.
2.3 Bl-PIN User Change Control I3oard.The BI-PIN User Change Control Board shall be comprised
of representatives of each law enforcement agency from member jurisdictions and a representative
froiu Benton County Emergency Services. This Board shall be responsible for evaluating proposed
system chailges, recommending software development priorities, actively partici�ating in system
selection activities to procure the most appropri��te system to meet their respective requirements, and
resolving any operational problems to ensure successful joint operation of the system. The IT Manager
or delevate of the OperatinQ Jurisdiction shall chair this board.
Section 3 — Operational Responsibilit��. The City of Kennewick shall be designated the BI-PIN
Operating Jurisdiction. Tl�e Operating Jurisdiction is solely and completely responsible for operating
BI-PIN. The rules, regulations and ordinances of the Operating Jurisdiction, unless other���ise
specitically provided for, apply to BI-PIN at all times. Employees supporting BI-PIN are emp(oyees
of the Operating Jurisdiction. Support perso�u�el for the BI-PIN system software shall be dedicated to
the support of the BI-PIN system and any and all costs associated�vitfi those employees shall be borne
by B[-PIN as a whole. The Operating Jurisdiction will provide all necessary support services for the
operatioti of BI-PIN such as executiiig contracts on behalf of BI-PIN as approved by the Executive
Coinmittee, accountiiig, legal services, risk management c111CI infonnation techrlology services. The
Operating Jurisdiction is entitled to collect an overhead rate for the perfonnance of its duties, the cost
of which shall be included in the BI-PIN Operating Budget. "I'he parties to this Inte�rlocal Agreement
acknowledge that by eiitering into t}lis agreement tliey� autllorize the Operatiilg Jurisdiction and BI-
PIN, acting through the Executive Conunittee, s�a-��to execute a separate Agreement defining the
services and responsibilities of both parties.
Section 4—O�cnership of Assets. O���nership interests in property, equipinent, or funds acquired by
or throu`�h BI-PIN shall be shared by all member agencies in proportion to a 3-yr rolling average
percentage allocation of each party'S COI1tClbUtlOI1S.
BI-PIN is responsible for maintenance and upgrades for their software modules & supporting
enviroiunent. BI-PIN is not respotisible for the maintenance and upgrade of BCES or any specific
agency owned modules or interfaces.
Section 5 — P�rticipation in BI-PIN. Recognizin� that BI-PIN member agencies benefit from the
participation of all local jurisdictions, BI-PIN wants to promote and eneaurage inclusion of all agencies
inte�rested in joining BI-PIN. To facilitate tllis effort, BI-PIN has adopted the following policies
regardin� joining and membership of additional local agencies in the BI-PIN local Qovernmental
agency:
5.1 Adding Members by Addendum. When the BI-PIN Executive Conunittee decides by majority
vote to�rant men7bership to a iiew jurisdiction, the new member a�ency shall become a member of BI-
PIN upon satisfaction of the buy-in and software/infrastructure obligations, and upon execution of an
BIPIN Interlocal Agrccmcnt 5�20%?p21
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addendum to this agreement signed by the Executive Conunittee Chair and the Mayor or Chairperson
of the joining jurisdiction.
5.2 Membership Buy-In.
• Participation in BI-PIN by new tnember agencies will require a tnajority vote by the BIPIN
Executive Con�mittee.
• Buy-in of inembership to the BI-PIN interlocal agency will be based on a per-capita fee. The
fee will be set at$3.52 per capita beginning in 2020 and inflated using the Seattle CPI-U factor
to increase the per capita fee to retlect the time value of money for any future buy-ins.
• The BI-PIN Executive Committee will set minimum requirements for hardware and
connectivity based on the reconunendations of the Technical Committee. Any system that
interfaces with the BI-PIN system will require Technical Coinmittee review and appropriate
recommendation to the Executive Comnlittee for final approval.
• All hardware and connectivity costs associated �vith participation in BI-PIN will be born by
the appropriate agency.
5.3 Operations Cost Sharing Formula.
The fonnula for distribution of BI-PIN's operations costs will be distributed in the following method.
� The total amount to be allocated annually will be determined by taking total Expenditures less
any outside Revenue sources.Outside Revenue sources include Non-Member Fees and Interest
Earnings.
• Each member agency will be assessed an annual base fee of$10,000. The base contributions
will be deducted from the remaining budget amount to be allocated.
• The balance of the annual budget will be split 50/50 between law enforcement and jail
management based on number of cases for law enforcetnent agencies and number of jail
bookings for jail agencies.
5.4 Voting power of inember agencies. All matters to be decided by the Executive Committee shall
be determined by simple majority of votes cast by member agei�cies present after a quorum is called;
provided, however,any vote shall also require approval of at least four of the five Charter Agencies. A
quorum requires a simple majority of inember agencies as well as 4 of the 5 Charter Agencies to be
present. The five charter agencies are Benton County, Franklin County, Kennewick, Pasco and
Richland. All five Charter Agencies are authorized to cast two votes each and all other member
agencies are authorized to cast one vote each.
Section 6— Withdrawal (Replacement). Any member agency �nay withdraw from this agreeinent
and lnembership in BI-PIN by serving a notice of withdrawal upon all members of BI-PIN. This notice
shall be given at least one year in advance of the date of withdrawal. Membership shall tenninate on
the last day of the calendar year. Upon withdrawal from membership,the member agency shall receive
no further distribution of income proceeds and all software must be uninstalled by the withdrawing
agency. The withdrawing member shall pay its pro-rata share of any outstanding obligations incurred
up to the effective date of withdrawal under the fonnula outlined in section 5.3 of this agreement. The
withdrawing member(s) shall be provided with all outstanding obligations within 45 days of the
BIPIN Interlocal Agreement 5/2O 2021
Page a of 14
effective date of withdrawal. Upon such receipt, the withdr�wing member(s) shall pay all outstanding
obligations within 4� days of receipt. The outstanding contribution(s) shall include all amounts due to
BI-PN and any cost directly associated �vith the member's���ithdrawal.
Section 7 — Termination of Ayreement. This agreement may be terminated upon a resolution to
terminate this agreement. Such resolution sl�all require approval of at least four of the five Charter
Agencies. Upon adoption of a resolution to terniinate this agree►nent, the effective date of tennination
shall be detercnined by a simple majority of all votes cast. However, in no event shall the temlination
date be more than one hundred and eighty days(180) from the date of the resolution. After the effective
date of tennination, the activities of BI-PIN shall cease and no further business shall be conducted nor
shall any financial obligations be incurred. In the event of ternlination of this agreement, each member
agency shall be respoiisible for its pro-rata share of a�1y recnaining costs or penalties under the forn�ula
outlined in section 5.3 of this agreement. In the event of terniination,BI-PIN shall immediately provide
notice of terniination to eacl� known creditor and party in which BIPIN has a contractual relationsl�ip.
All parties to this agreement shall be obligated to participate in the winding-up of BI-PIN-related
activities which shafl include: collection of any outstanding payables, the payment of any outstanding
obli�ations, satisfaction of any and all contractual obligations, and the distribution of assets. To the
extent legally pennissible and upo►1 written request, the Operating Jurisdiction shall provide a copy of
any or all data belonging to BI-PIN to any requesting member agency on the most feasible medium in
retunl for the actual cost of such copy. Any remaining assets owned by BI-PIN prior to ternlination
will be distributed back to the member agencies based on their pro-rata share in BI-PIN as outlined in
the cost allocation methodologies in the BIPIN Policies. In the event of termination, ati existing
member or members may negotiate for the acquisition of soft�a�are, data,and other information specific
to that member ar member's jurisdiction to the eYtent perniitted by the tenns of any applicable software
licetisin� a�reements. Nothing shall prevent the parties from negotiating the release of sofrivare, data,
or other infonnation that is specific to one member.
Section 8 — Securitv of Data. Cach member agency shall safeguard, by appropriate means, the
confidentiality of the infonnation contained iu the BI-PIN system. Additionally, each member agency
shall maintain netevork security that meets FBI and industry standards for any net��ork that may interact
with the Operating Jurisdiction's network.
Each member agency will protect access �vith specific sign-on controls and procedures as developed
by the BI-PIN Teclulical Advisory Committee with the approval of the Executive Committee. The
Operating Jurisdiction is responsible for maintaini�lg tlie security of the BI-PIN network based on FBI
and industry standards.
Section 9 — Liabilitv Covera�e. Each member agency shall be solely responsible for its own
wrongful or negligent conduct. Each member agency promises to indemnify and hold harmless and
release all other member agency from any loss, claim or liability arising from or out of the negligent
tortious actions or inactions of its employees, officers and officials. Such liability shall be apportioned
among the member agencies or other at-fault persons or entities in accordance ���ith the laws of the
State of Washington. Nothing herei�� shall be interpreted to:
1. Wai��e any defense arising out of RCW "I'itle �1.
2. Limit the ability of a me�mber agency to exercise any right,defense,or remedy which a member
agency may have with respect to third parties or the employee(s)whose action or inaction gave
BIPIN Interlocal Agrecment S120!2021
Pagc 5 oY'14
rise to loss, claim or liability, including, but not limited to, an assertion that the employee(s)
acted beyond the scope of employment.
3. Cover or require indemnification or payment of anvjudgment against any individual or agency
for intentionally wrongful conduct outside the scope of employment of any individual, or for
judgment for punitive damages against any individual or agency. Payment of punitive damage
awards, fines or sanctions shall be the sole responsibility of the individual against whom said
judgment is rendered and/or his or her member agency employer, should that employer
voluntarily elect to make said payment. This Agreement does not require indemnification of
any punitive damage awards or for any order imposing fines or sanctions.
Section 10—Term of A�reement. This agreement shall become effective upon the esecution of this
agreement by all the parties identified above. Once effective, this third restated agreement shall run to
December 31, ?0?5 and shall continue thereafter for successive tive year periods, unless a member
requests a revision of the agreement by giving notice in writing to all other members at least 180 days
before the expiration date of the agreement; such requested revision must be approved by each member
agency as an amendment pursuant to section 12 below.
Section 11 — Recordkeeqin�. The Operating Jurisdiction shall be responsible for maintaining
accurate records includina accurate records of eYpenditures made durin�the year and the purpose they
were made. On an annual basis, the Operating Jurisdiction shall provide the member agencies with an
operating and financial report.
Section 12 — Entire A�reement. This agreement contains the entire agreement between the parties
hereto and supersedes any and all prior written and/or oral agreements, including all prior BI-PIN
Interlocal Agreements and amendments. This agreement may be altered or modified only in writing
signed by the parties hereto.
IN WITNESS THEREOF, the parties have set their hands this a� s fday of
Jt,tr� . ?021.
Sigr�ature pages to follow.
[3[PIN lnterlocal Agreement 5/20/2021
Page 6 of 14
THIRD RESTATED INTERLOCAL COOPERATION AGREEMENT BETWEEN THE
COUNTIES OF BENTON AND FRANKLIN AND THE CITIES OF CONNELL, KENNEWICK,
PASCO, RICHLAND AND WEST RICHLAND AND PROSSER (POLICE INFORMATION
NETWORK)
SIGNATURE PAGE 1
CITY OF KENNEWICK
�1 � � 1
Mari E. Mosley
City anager
ATTEST:
� �i�,�l c
Terri L. Wright
City Clerk
APPROVED AS TO FORM:
�� ����
Lisa Beaton
City Attorney
BIPIN Interlocal Agreement 5!2012021
Page 7 oti 14
THIRD RESTATED INTERLOCAL COOPERATION AGREEMENT BETWEEN THE
COUNTIES OF BENTON AND FRANKLIN AND THE CITIES OF CONNELL, KENNEWICK,
PASCO, RICHLAND AND WEST RICHLAND AND PROSSER (POLICE INFORMATION
NETWORK)
SIGNATURE PAGE 2
CITY OF RICHLAND
on mundson
Interim City Manager
ATTEST:
Je nif r Ro ers
City Clerk
APPROVED AS TO FORM:
Heather Kintzley
City Attorney
BIPW Interlocal Agreement 5'?0 2021
Page 8 of 14
SECOND RESTATED INTERLOCAL COOPERATION AGREEMENT BETWEEN THE
COUNT[ES OF BENTON AND FRANKLIN AND THE CITIES OF CONNELL, KENNEWICK,
PASCO, R[CHLAND AND WEST RICHLAND AND PROSSER (POLICE INFORMATION
NETWORK)
SIGNATURE PAGE 3
CITY OF PASCO
�. Q, I��ncal'�
�a�^
David abell �� � i� /�'l�^��-
City anager
ATTEST:
��,� C.�h�
Debra C. Barham
City Clerk
APPROVED AS TO FORM:
Kerr rguson Law, PLLC
Attorney
BIPIN Interlocal Agreement 5/20/2021
Page 9 of 14
THIRD RESTATED INTERLOCAL COOPERATION AGREEMENT BETWEEN THE
COUNTIES OF BENTON AND FRANKLIN AND THE CITIES OF CONNELL, KENNEWICK,
PASCO, RICHLAND AND WEST RICHLAND AND PROSSER (POLICE INFORMATION
NETWORK)
SIGNATURE PAGE 4
COUNTY OF BENTON
V
Jerom elvin
Chairman
ATTEST:
'�� U
Cami McKenzie
Clerk of the Board
APPROVED AS TO FORM:
Ryan K. Brown
Deputy Prosecuting Attorney
BIPfN Interlocal Agreement�r�0/�0?1
Page 10 of 14
THIRD RESTATED INTERLOCAL COOPERATION AGREEMENT BETWEEN THE
COUNTIES OF BENTON AND FRANKLIN AND THE CITIES OF CONNELL, KENNEWICK,
PASCO, RICHLAND AND WEST RICHLAND AND PROSSER (POLICE INFORMATION
NETWORK)
SIGNATURE PAGE 5
COUNTY OF FRANKLIN
Clint Didier
Chairman
ATTEST:
.
Karin ilham
Clerk of the Board
APPROVED AS TO FORM:
Je ohnson
Attorney
BIPIN [nterlocal Agreement 5/20/2021
Page 1 I of 14
THIRD RESTATED INTERLOCAL COOPERATION AGREEMENT BETWEEN THE
COUNTIES OF BENTON AND FRANKLIN AND THE CITIES OF CONNELL, KENNEWICK,
PASCO, RICHLAND AND WEST RICHLAND AND PROSSER (POLICE INFORMATION
NETWORK)
SIGNATURE PAGE 6
CITY OF CONNELL
Lee Barrow
Mayor
ATTEST:
,
,
� �� ,1 _ �
Mariss�a Ortiz
City Clerk
APPROVED AS TO FORM:
Dan ultgrenn
City Attorney
BIPIN Interlocal Agreement 5/20/2021
Page 12 of 14
THIRD RESTATED INTERLOCAL COOPERATION AGREEMENT BETWEEN THE
COUNTIES OF BENTON AND FRANKLIN AND THE CITIES OF CONNELL, KENNEWICK,
PASCO, RICHLAND AND WEST RICHLAND AND PROSSER (POLICE INFORMATION
NETWORK)
SIGNATURE PAGE 7
CITY OF PROSSER
G
Randy aylor
Mayor
ATTEST:
��c�, ��� ��
Rachel Shaw
City Clerk
APPROVED AS TO FORM:
Howard Saxton
City Attorney
BIPIN Interlocal Agreement 5/20/2021
Page 13 of 14
THIRD RESTATED INTERLOCAL COOPERATION AGREEMENT BETWEEN THE
COUNTIES OF BENTON AND FRANKLIN AND THE CITIES OF CONNELL, KENNEWICK,
PASCO, RICHLAND AND WEST RICHLAND AND PROSSER(POLICE INFORMATION
NETWORK)
SIGNATURE PAGE 8
CITY OF WEST RICHLAND
J
�
Brent Gerry
Mayor
ATTEST:
te an Ha
' Clerk
APPROVED AS TO FORM:
�
Bronson J. Brown
City Attorney
BIPIN Interlocal Agreement 5/20l2021
Page 14 of 14