08-11-14 Council Agenda & Packet

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Interlocal Agreement: St. Joseph County PSAP Consolidation Section 5.03 Assessments; Capital Replacement. Capital Replacement Assessments shall provide funding as follows: (a) For the payment of the Consortium's capital requirements as established by the Five -Year Capital Replacement Plan as shown on Exhibit F, which shall be updated annually. (b) Capital Replacement Assessments for the 2015 fiscal year shall be established in accordance with Exhibit G. Capital Replacement Assessments for each subsequent year shall be calculated and adopted by the Executive Board of the Consortium. Section 5.04 Assessments; Payments. Each Party shall make payment on their Operating Assessments and Capital Replacement Assessments to the St. Joseph County Auditor for deposit to the appropriate fund and such Assessments may be paid from any funds the Party shall choose for payment. Section 5.05 Assessments; Appeals. A Party may only appeal an Operating Assessment or Capital Replacement Assessment if they believe the Assessment was incorrectly calculated due to failure to follow the processes established by Exhibit D, Exhibit E, Exhibit F and Exhibit G. The Appeals Process shall consist of an independent third party, selected by the Executive Board of the Consortium, verifying the accuracy of the Assessment Calculation. If the recalculation of an Assessment results in a modification less than two percent (2.00 %), the cost of the third party verification shall be paid by the Party requesting the calculation. Otherwise, the expense shall be funded from the Annual Operating Budget. Section 5.06 Assessments; Intercept. The Parties acknowledge the financial exposure assumed by the County in this Agreement. In recognition thereof, Assessments not received in accordance with the schedule described in this Agreement shall be satisfied using an intercept process consisting of: (a) The County Auditor notifying the Controller of the delinquent Party of the delinquency. The notification shall be in writing and provide five (5) days to settle the Assessment. (b) Assessments not received within five (5) days of the written notifications shall be satisfied by the County Auditor withholding an equivalent amount of CEDIT revenues from the next monthly CEDIT distribution due to the delinquent Party, and transferring that withheld amount to the proper Fund(s). Section 5.07 Establishment of Funds. The Parties accept the continuance and /or establishment of the following funds (the "Funds ") and direct the County to take whatever actions it requires to establish and manage the same Funds for the County's records and accounts: (a) St. Joseph County 911 Fund — The St. Joseph County 911 Fund is continued for the purposes described herein and shall receive distributions from the Indiana Pane 4