Laserfiche WebLink
8 <br /> responsibility, the party's express written approval must be 'bbtained before <br /> the incurring by another party of each expense associated with the <br /> responsibility. All obligations of and expenditures by the parties will be <br /> subject to their respective budgetary and fiscal processes and subject to <br /> availability of funds pursuant to all laws, regulations, and policies <br /> applicable thereto. The parties acknowledge that there is no intimation, <br /> promise, or guarantee that funds will be available in future years. <br /> L. LIABILITY. <br /> 1. The LInX is not a separate legal entity capable of maintaining an <br /> employer-employee relationship and, as such, allpersonnel assigned by a <br /> party to perform LInX related functions shall not be considered employees of <br /> the LInX or of any other party for any purpose. The assigning party thus <br /> remains solely responsible for supervision, work schedules, performance <br /> appraisals, compensation, overtime, vacations, retirement, expenses, <br /> disability, and all other employment-related benefits incident to assignment <br /> of its personnel to LInX functions. <br /> 2. Unless specifically addressed by the terms of this MOU (or other <br /> written agreement) , the parties acknowledge responsibility for the negligent <br /> or wrongful acts or omissions of their respective officers and employees, but <br /> only to the extent they would be liable under the laws of the jurisdiction(s) <br /> to which they are subject. <br /> M. GOVERNANCE. <br /> 1. The parties recognize that the success of this project requires <br /> close cooperation on the part of all parties. To this end, the LInX will be <br /> operated under a shared management concept in which the parties will be <br /> involved in formulating operating policies and procedures. The Puget Sound <br /> LInX Regional Governance Board will consist of the head (or authorized <br /> designee) of each participating law enforcement agency. The parties agree to <br /> comply with all future policies and procedures developed by this Governance <br /> Board. <br /> 2. Each member of the Governance Board shall have an equal vote and <br /> voice on all board decisions. Unless otherwise provided, Roberts Revised <br /> Rules of Order shall govern all procedural matters relating to the business <br /> of the Governance Board. <br /> 3. A chairperson shall be elected by its members, together with such <br /> other officers as a majority of the Board may determine. The chairperson, or <br /> any board member, may call sessions as necessary. For a meeting to occur a <br /> minimum of 51% of the membership must be present and a simple majority of <br /> those present shall be required for passage of any policy matters. A tie <br /> vote does not pass the matter. In emergency situations, the presiding <br /> officer may conduct a telephone or email poll of Board members to resolve any <br /> issues. The Board of Governors may also establish any needed committees such <br /> as technical, user, and legal. <br /> 4. Disagreements among the parties arising under or relating to this <br /> MOU shall be resolved only via consultation at the lowest practicable level <br /> by and between the affected parties and their sponsoring agencies (or as <br /> otherwise may be provided under any separate governance procedures) and will <br /> not be referred to any court, or to any other person or entity for <br /> settlement. All unresolved matters will go before the Governance Board. <br /> 53 <br /> Puget Sound LInX MOU 7 V26/2004 <br />