Ord 2394 - "RAIN" Agreement 2/06
COUNCIL BILL NO. 2609
ORDINANCE NO. 2394
AN ORDINANCE ENTERING INTO AN AMENDED AND RESTATED
INTERGOVERNMENTAL AGREEMENT FOR THE REGIONAL AUTOMATED
INFORMATION NETWORK; AUTHORIZING THE MAYOR AND CITY ADMINISTRATOR
TO SIGN SAID AGREEMENT; AND DECLARING AN EMERGENCY
WHEREAS, the City of Woodburn is a member agency of the Regional
Automated Information Network ("RAIN"), an intergovernmental entity originally
formed pursuant to ORS Chapter 190 and since amended at various times,
including the addition of new members; and
WHEREAS, RAIN consists of the cities of Aumsville, Aurora, Dallas, Dundee,
Gervais, Hubbard, Independence, Keizer, Lincoln City, McMinnville, Monmouth,
Mt. Angel, Newberg, Salem, Silverton, Stayton, Turner, and Woodburn and the
Counties of Marion, Polk, and Yamhill ("the RAIN members"), and
WHEREAS, the RAIN members desire to amend and restate the terms and
conditions of membership and the provisions of the Intergovernmental
Agreement by entry into an Amended and Restated Intergovernmental
Agreement for the Regional Automated Information Network ("Amended and
Restated Intergovernmental Agreement"); and
WHEREAS, the City of Woodburn is a current member of RAIN and wants to
consent to membership in RAIN upon the terms and conditions of the Amended
and Restated Intergovernmental Agreement; and being fully advised; NOW,
THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Pursuant to ORS 190.085, the City of Woodburn enters into the
Amended and Restated Intergovernmental Agreement and consents to joinder
by the cities of Aumsville, Aurora, Dallas, Dundee, Gervais, Hubbard,
Independence, Keizer, Lincoln City, McMinnville, Monmouth, Mt. Angel,
Newberg, Salem, Silverton, Stayton, and Turner, and the counties of Marion, Polk,
and Yamhill as RAIN members.
Section 2. That the Mayor and City Administrator are authorized to sign
said agreement on behalf of the City. A copy of said agreement in substantially
final form is affixed hereto as Attachment "A."
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ORDINANCE NO. 2394
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Section 3. Declaration of Emeraency. This ordinance being necessary for
the immediate preservation of the public peace, health and safety for the
reason that the City wants to accommodate the establishment of the COPLlNK
system, an emergency is declared to exist and this ordinance shall take effect
immediately upon passage by the Council and approval by the Mayor.
Approved as to form:
Cff), ~
City Attorney
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
February 15, 2006
February 15, 2006
Filed in the Office of the Recorder
February 15, 2006
ATTEST:
~ ~_J-
Mary ~nt City Recorder
City of Woodburn, Oregon
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ORDINANCE NO. 2394
ATTACHMENT P<.
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AMENDED AND REST A TED AGREEMENT
REGIONAL AUTOMATED INFORMATION NETWORK
THIS AMENDMENT TO AGREEMENT REGIONAL AUTOMATED
INFORMATION NETWORK is made and entered into by and between the governmental units
which have signed this Agreement dated July 1 st, 2005, creating the Regional Automated
Information Network (RAIN) as set forth below (hereinafter collectively referred to as
"Members"). The Regional Automated Information Network is an intergovernmental entity
formed under O.R.S. 190.010, et seq. This Agreement has been amended at various times since
its adoption. The Members wish to modify the terms and conditions ofthe Agreement as set
forth herein.
In consideration of the mutual benefits and obligations as set forth herein, the Members
agree to the following:
ARTICLE I
PURPOSE AND AUTHORITY
Pursuant to O.R.S. 190.010, et seq., the Members intend to jointly share criminal
justice information, pool technology resources and seek to streamline and minimize costs of
information management.
ARTICLE II
NAME
This Intergovernmental Entity has been and shall continue to be known as the Regional
Automated Information Network, hereinafter referred to as "RAIN," or "Agency."
ARTICLE III
GOVERNING AUTHORITY
Supervision and management of RAIN shall be exercised by a BOARD OF
DIRECTORS.
3.1 BOARD OF DIRECTORS (hereinafter referred to as the "BOARD").
A) Composition: The BOARD shall consist of:
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1. One (1) Chairperson elected by the GENERAL MEMBERSHIP.
2. One (1) Vice-Chairperson elected by the GENERAL
MEMBERSHIP.
3. Seven (7) Members at large.
4. One position must be filled by
a. a Sheriff, provided that the County for which the Sheriff
serves is among the GENERAL MEMBERSHIP;
b. one (1) position by the City for which the Chief of Police
serves, provided that a Chief of Police is among the
GENERAL MEMBERSHIP; and
c. by a Member Agency whose annual user fee is 15% or
more of RAIN's total user fees provided that agency has
not been elected Chairperson or Vice-Chairperson; and
d. the annual user fee percentage may be modified as needed
by a fifty-one percent (51 %) majority vote at a meeting of
the GENERAL MEMBERSHIP.
5. The term of office for all BOARD members shall be for two (2)
years. At the initial meeting of the BOARD, terms shall be
staggered and the BOARD members shall draw lots for one or two
year terms. The initial term of the Chairperson and Vice
Chairperson shall also be staggered. At the next annual meeting of
the GENERAL MEMBERSHIP, those BOARD member positions
drawing one-year initial terms shall be elected for two years.
Thereafter, each BOARD position shall be for two years.
6. Any Member Agency may have no more than one Member on the
BOARD.
7. The BOARD Chairperson will appoint a nominating committee
which will make available it's recommendations no later than 30
days prior to the June meeting of the GENERAL MEMBERSHIP
for vote.
8. Any BOARD member may be removed from office by an
affirmative vote ofthe Member Agencies of this agreement at a
meeting of the GENERAL MEMBERSHIP for violation of law or
ethical codes of conduct whether by BOARD policy or statute.
9. In the case of removal of a Director that is a Member of an agency
with a guaranteed seat, the affected agency will then nominate a
replacement to be ratified by the GENERAL MEMBERSHIP.
B) Meetings.
1. A quorum shall mean at least five (5) ofthe nine (9) BOARD
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members and shall be sufficient to conduct any business of the
BOARD. Decisions ofthe BOARD shall require the same number
of affirmative votes to pass a measure as if the entire BOARD had
been present.
2. Each BOARD member shall have one (1) vote. 3.
There shall be at least one meeting of the BOARD each quarter.
The Chairperson or three (3) BOARD members may call other
meetings as deemed necessary. The Chairperson shall preside over all
meetings. The Vice-Chairperson (or in the event the Vice-Chairperson is
unavailable any other BOARD member as designated by the
Chairperson) shall act as Chairperson in the absence of the Chairperson.
C) Duties: The BOARD is empowered to
1. Determine the type of services and equipment necessary for the
operation of RAIN.
2. Enter into contracts with any individual, firm or corporation, or
agency of government, to acquire equipment, goods, or services
for the operation of RAIN.
3. Prepare an annual budget for the expenditure of RAIN funds and
set the amount of financial participation in the form of user fees for
each Member to be presented to the GENERAL MEMBERSHIP
by December I st of each year for adoption. The budgeting and
appropriation of funds by an entity for its share shall be pursuant to
that Member's budget process. The RAIN fiscal year shall be July
I sl to June 30th. Payment shall be made within 30 days of invoice.
Create committees of RAIN members and/or Member Agency
personnel to assist and advise the BOARD on the administration
and operation of RAIN.
4. The BOARD may employ or contract for the services of an
Executive Director to conduct the day-to-day operation of RAIN.
5. Conduct regular review ofthe financial operation of RAIN and
perform audits as required.
6. Exercise any other power or authority to implement the powers expressly
set forth in this Agreement and to adopt policies and procedures as
necessary .
3.2 GENERAL MEMBERSHIP:
A) Composition: The GENERAL MEMBERSHIP shall consist of
1. Each Member Agency (County or City) shall select its
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representative.
2. Each Member Agency (County or City) may appoint an alternate
representative. The alternate must declare hislher voting authority
at any GENERAL MEMBERSHIP meeting.
3. The voting representative selected by each Member Agency shall
be eligible for election to the BOARD OF DIRECTORS.
B) Quorum:
1. A quorum shall mean not less than fifty one percent (51 %) or
more ofthe GENERAL MEMBERSHIP shall be sufficient to
conduct any business ofthe GENERAL MEMBERSHIP. Except
as otherwise provided in this Agreement, decisions of the
GENERAL MEMBERSHIP shall be made by the same number of
affirmative votes to pass a a measure as if all Members had been
present at the meeting.
2. Each Member Agency in the GENERAL MEMBERSHIP shall
have one (1) vote, which may be exercised in person by a
designated alternate representative. No Member Agency shall
have more than one vote at any GENERAL MEMBERSHIP
meeting.
C) Duties: The GENERAL MEMBERSHIP is empowered to:
1. Provide advice and assistance to the BOARD.
2. Elect the BOARD OF DIRECTORS from the GENERAL
MEMBERSHIP in June of each year.
3. Adopt for recommendation to each Member's governing body an
annual budget for the expenditures of RAIN and set the amount of
financial participation in the form of user fees for each Member at
the meeting of the GENERAL MEMBERSHIP in January each
year.
D) Meetings:
1. There shall be at least two meetings of the GENERAL
MEMBERSHIP each fiscal year.
2. Special meetings ofthe GENERAL MEMBERSHIP may be called
by the BOARD Chairperson, or by any five (5) Members.
3. The BOARD Chairperson shall preside over all meetings. The Vice-
Chairperson (or in the event the Vice-Chairperson is unavailable any
other BOARD member as designated by the Chairperson) shall act as
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Chairperson in the absence of the Chairperson.
ARTICLE IV
LIMITATION OF LIABILITY
4.1 Each Member is responsible for the accuracy of its data and integrity and
functions of its computer system. RAIN assumes no liability for the accuracy of
data entered into RAIN's system by its Members, nor for errors in data
transmission.
4.2 Subject to the Constitution and laws ofthis State regarding units oflocal
government, each RAIN Member Agency agrees to indemnify, defend, and hold
harmless RAIN, its BOARD, its officers, its employees, and its agents from and
against any claim or demand arising out of or in connection with any act, error or
omission of any person for whose acts such Member may be responsible under
O.R.S. 30.260 to 30.300.
4.3 Pursuant to O.R.S. 190.080(3), debts and liabilities of RAIN shall be joint and
several to the Member Agencies.
ARTICLE V
TERM AND TERMINATION
5.1 This Agreement shall be effective commencing July 1, 2005, and continue until
terminated as provided in this section.
5.2 A Member Agency may voluntarily terminate by giving written notice to RAIN
no later than February 1 of any year unless otherwise negotiated and approved by
the BOARD. The Agreement shall terminate on the next ensuing June 30.
5.3 Notwithstanding termination or withdraw by a Member Agency, this Agreement
shall remain in effect as to all remaining Members.
5.4 In the event of voluntary withdrawal by a Member Agency, the Member Agency
shall forfeit any right to payment of its portion of RAIN's assets except upon
dissolution as described in this ARTICLE.
5.5 Upon 30 days written notice ofa violation of this Agreement and if the violation
is not remedied in that time, the Member Agency may be terminated involuntarily
by a vote of the BOARD.
5.6 In the event of nonpayment by a RAIN member agency 90 days after invoice,
membership by the defaulting agency may be terminated upon affirmative vote of
75% of the GENERAL MEMBERSHIP.
5.7 Ifa Member Agency is found in violation of policy, law or ethical codes of
conduct adopted by BOARD policy or statute, upon affirmative vote of 75% of
the GENERAL MEMBERSHIP, membership in RAIN shall be revoked.
5.8 Ifmembership is terminated for nonpayment or revoked, the Member Agency
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shall forfeit any right to payment of its portion of RAIN's assets upon dissolution.
5.9 If three fourths (3/4) of the RAIN Member Agencies vote to dissolve RAIN, the
BOARD shall proceed to wind up the entity. Any RAIN assets may be distributed
to a governmental entity providing similar services or the assets and cash will be
distributed in kind or in cash to the then Member Agencies using the same
formula that was used for allocation of user fees. Any unexpended grant proceeds
or assets subject to grant agreements or conditions shall be distributed in
accordance with grant agreements.
ARTICLE VI
COMMUNICATIONS AND NOTICE
Any notice required to be delivered shall be in writing. Such notice shall be sufficient
upon being deposited in the regular United States mail postage prepaid, electronic mail (email)
with return receipt requested, or personally delivered to the BOARD Chairperson, or Executive
Director of RAIN.
ARTICLE VII
ADDITION OF NEW MEMBERS
Additional Member Agencies may become parties to this Agreement by accepting all
terms ofthe Agreement, and upon a three-fourths (3/4) majority vote of the GENERAL
MEMBERSHIP.
ARTICLE VIII
AMENDMENTS
This Agreement represents the complete and integrated agreement between the parties
with respect to the subject matter hereof, and may be amended only by written amendment
signed by three-fourths (3/4) of the membership. As such, this Agreement cancels and
supercedes all prior written and oral agreements, representations, negotiations, and
communications between the parties and their representatives with respect to the subject matter
hereof.
ARTICLE IX
USE OF DATA
The Member Agencies agree that to the extent permitted by O.R.S. Chapter 192 (Public
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Records Law) or any other applicable law, the information or data obtained from RAIN or any
Member shall be considered confidential and not for public disclosure.
ARTICLE X
VALIDITY OF AGREEMENT
If any part, paragraph, article, or provision of the agreement is adjudged to be invalid by
any court of competent jurisdiction, such adjudication shall not affect the validity of any
remaining article, part or provisions ofthis agreement.
ARTICLE XI
COUNTERPARTS
The Member Agencies agree that this Agreement may be executed in counterparts and
such signatures shall bind the Member Agency.
IN WITNESS WHEREOF the parties herein have caused this Agreement to be executed
on their behalf by their duly authorized representatives as set forth below.
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Regional Automated Information Network
IN WITNESS WHEREOF the parties herein have caused these Amendments to the
Agreement to be executed on their behalf by their duly authorized representatives as set forth
below.
[AGENCY] , OREGON
Approved as to form:
[AGENCY] Administrator Date
[AGENCY] Legal Counsel
[AGENCY] Elected Official Date
Commissioner
Date
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