HomeMy WebLinkAbout2013-253 Agrmt - City of Medford Police Dept
CITY OF MEDFORa
AGREEMENT PROCESSING CONTROLRECORD
iNiT1AT€P4a DFPARTY N 1. COIOPLE I t SECIONS i s if
INITIATING DEPARTMENT Police Deoartment DATE 09/21/1 ,
APCR PREPARED BY Randy Soaracino . DaoutV Chief DEPT HEA
NAME TITLE SIGNA ~t"hY~ E
AGREEMENT OR CONTRACT TITLE After Hour Recoga Services with the City of Ashland (Police Deoartm ent)
AGREEMENT OR CONTRACT PURPOSE The ourcose of this acreement is to establish guidelines for the City of Medford (P hce
De2artm ent. Records Division) to provide ecords sen+ices to the Ashland Police for after hours records actions
CONTRACT PARTIES Citv of Ashland (Police Dgoar~nent/
OPTIONS TO RENEW
CON T RAOT TERM BEGIN:07/01/10 END:05/30/11 ❑ 1 YEAR ❑ 2 YEAR ❑ MORE THAN 2 YEARS
(PROJECTIONS ARE ACCEPTABLE)
DATE OF COUNCIL ACTION `j i ri r0
OTHER GOVERNMENT(S) AFFECTED
WHO PREPARED THE AGREEMENT OR CONTRACT
FINANCIAL P. iPACT 520.000 revenue
BUDGET ACCOUNT NUMBER-
BUDGET PROJECT NUMBER (if applicable): BOLT: YES _ NO_
IL CHECK •YL-S• TO AL L:aPPLECA3LE SECTIONS BEFORE ROUTING T( RECORDER'S OFFICE FOR FURTHER PROCESSING
(•NO• ACCEPTABLE FOR AGREEMENTS WiTN OTHER GOVERNMENTAL ENTI T iES)
YES NO N/A
FUNDING IS AVAILABLE
(DEPARThAaj.s MUST CER T rw UNENCUMBERED RESOURCES ARE AY;JLABLE TO FULLY FUND THE CONTRACT)
COMPS ITVELY SOLICITED
x
OTHER PARTY HAS EXECUTED
PERFORMANCE BOND OR OTHER SECURITY IS ATTACHED X
INSURANCE CERTIFICATE(S) AT TACHED x
LEGAL DESCRIPTIONS BEEN RECEIVED AND CHECKED x
OTHER COMMENTS
PROVIDE TWO (2) COPIES OF COMPLETED APCq AND..ATTACH TNO (2) COPIES OF AGREEMENT TO BE SIGNED
1€I. CITY RECORDER:
DATE RECEIVED APCR No.f~ I'D DATE ROUTED i~
IV.
LAW DEFT R,
-
DATE
"RETURN TO CITY RECORDER I r
V.
CITY MANAGER DATE L_v
PETURN TO CITY RECORDER -
Vl. ACTION RECORD: ~ h
CITY COUNCIL ACTION DATE l ! ORDINANCE NO. 10
MAYOR(CITY MANAGER/DEPT HEAD EXECUTION DATE -
t 3
CITY RECORDER COMPLETION DATE t ; t j I -
DISTRIBUTION: ORIGINAL: City Recorder's Office DEPT RETURNED TO:
(l`
Records Management Systems -
Agreements
Between
THE' CI` Y OF NMDFO RD
An Oregon Municipal Corporation,
Provider
And
THE CITY OF ASIRLAND
An Oregon Municipal Corporation,
Subscriber
I. PURPOSE
By this Agreement, the Provider shall furnish RMS/ARS systems, ;warrant confirmation
and clearance from LEDS/NCIC and after hour entries into LEDSNCIC of Missing
Persons, Runaway, Stolen Vehicles, and Stolen/Lost Cams as described in Schedule A.
2. DEFxt ~IT7[ONS
e•m~ ra? sed_ gmeat. ~ m
APD is an acronym for Ashland-Police Department
ARS is an acronym for Automated Reporting System
DM V is an acronym for the Oregon State Department of Motor Vehicles
LEDS is an acronym for the Law Enforcement Data System.
AIPD is an acronym for Medford Police Department
Manager means the Medford Police Records Manager
NCIC is an acronym for the National Crime Information Center
RCS is an acronym for Records Management System
System Defi ery and Services means the shared RMS/ARS System intended to serve the
parties as referenced in this agreement.
3. RECORDS PROCEDURES
3.1 Not later than 14 days prior to its effective date, Subscriber shall rfirnish Provider a
complete copy of any proposed new or revised procedure, which would affect Provider's
q atioris. tiVilhlli 14 days after receipt, Provider shall notify Subscriber of any
Records Management System Agreement Page 1 of 8
Provision, which is incompatible with Provider's operating needs. Unless Provider gives
such. notice, any new or revised procedure shall be accepted and implemented by
Provider no later than 15 days after its receipt.
3.2 Subscriber may designate a particular procedure change as critical, where that
change is required by, tout order or other exigent circumstances. Provider shall, to the
extent possible, implement immediate procedures, which accommodate the change. If
any such procedure is incompatible tr7th Provider's operating needs, Provider shall nou£y
Subscriber or the reasons; therefore, tivhi.le still implementing the change to the greatest
extent possible.
33 If Subscriber and Provider cannot iin'CuThally resolve any dispute under paragraph 4.1
or 4.2 as to records procedures, either party may request that the dif erences be reviewed
by the Medford Chief of Police as provide din paragraph 7.6.
4. E'DIM-duSTP aKl( ER IREESi;'ONTSJLBILIjY
4.1 Provider shall have full authority and responsibility over hiring, training, discipline,
scheduling, and assignment of personnel assig ed to perform and to supervise services
provided under this Agreement. Providers shall have full discretion and authority to
asst x pnonty service among conflicting service demands at any given time.
4-2 Provider may contract to provide services to other subscribers at its discretion,
,„.,,I~owzver, arv~ide~~shall„yRdertalce no such obhv~on w,bic ..has fl e ezfea f dnnin.shi Ps.
or degrading3
the level on`ser vice provided, to Subscriber.
The Medford Police Deparhnent Records Division shall provide services as listed in
Schedule A in a rnarmer consistent wide LEDS/NCIC standards Monday - Thursday from
1700 hour's until 0800 hours each day and from Friday 1700 hours until 0800 hours .
Monday each week.
5-1 Warrant Confirmation and claamuce dom LEDS/NCIC;
It will be the responsibility of the Subscriber to enter their warrants according to
LEDS/NCIC guidelines, complete. a warrant worksheet for each warrant; list all of the
pertinent warrant information and deliver the entered warrant to the Medford Police
Depaitrient Records Division immediately after entry-.
The original warrant, complete worksheet and pertinent teletypes, including a copy of the
LEDS/NCIC entry, will be filed in an 8.5" x 11" manila envelope. A typed label will be
affixed to the top right hand corner of the envelope listing the last name, first name and
middle name of the wanted person. The label shall also contain either - AYD" or
"Ashland PD".
i
Any warrant locate teletype information received by Subscriber ,Frill be relayed to the
Medford Police Department Records Division as soon as possible. Upon receipt of the
warrant envelope, the Tlt3D Records Division shall enter the information into a database
for tracking and file the warrant alphabetically in APL' warrant files.
Records 1Vlanagement System Agreement Page 2 of 8
MPD will confirm the warrants and clear the warrants from LEDS/NCIC.
\SPD Records Division shall send cleared Circuit Court warrants back to Circuit Court or
to the Jackson County Sheriff's Office to be-served upon receipt or the. defendant.
Ashland Municipal warrants will be returned to Subscriber. All completed warrant .
worksheets, teletypes, and empty Subscriber warrant envelopes will be returned to
Subscriber via the Subscriber's courier.
Subscriber will be responsible for any LEDS/NCIC monthly and yearly validations of the
svarrant records- Subscriber will be responsible for Circuit Court and Ashland Municipal
Court's yearly purged warrant lists, to include pulling the warrants from file, clearing
from LEDSINCIC and return of the original warrant to the appropriate court:
5.2 Entry of missmg/endangered persons, runaways, stolen vehicles and stolen guns:
Provider vrill make the entry and clearance of missing/endangered persons, runaways,
stolen vehicles and stoleii gun records immediately upon notification from the
Subscriber's officers during the hours described above.
Entries will be made using the information verbally given by the Subscriber's officer and
the information available in the RMS naive files as well as DP/IV ales-
Subscriber's records division shall be responsible for the LE EDSII CIC required double
check of the entry and modification a necessary when compared to the actual police.
report.
Provider's records division shall date and initial the teletype entry and forward to the
Subscriber via the next available Subscriber courier service on all entries-
53 Provider owns and administers shared RIvS/ARS system, prq,iding connectivity and
security -measures to Subscriber (see Schedule B for associated costs). Subscriber shall
be directly responsible for the purchase of all specified equipment and installation
services at their location (such as desk top computers, PMC equipment, fiber/TI
connectivity to receiving points, etc) Subscriber shall be responsible for all maintenance,
correspondence shall be in written four and copies maintained with the 11421) Records
Manager's records. Subscriber shall be provided a copy of all meeting records.
6.2 ADVISORY POWERS: The IVIPD Records Manager is advisory to the Chief of
Police of the City of Medford. Consistent with laws, ordinances, and other.agreements,
the MPD Records Manager shall comply with recommendations regarding service
delivery from the Provider and Subscriber upon approval by the Chief of Police of the
City of Medford.
7. DISPUTE RESOLUTION
The Subscriber, having a concern with regard to service provided, may go directly to the
MPD Records Manager to resolve the situation. If the issue is not resolved to the
satisfaction of the Subscriber, the Subscriber may then go to the Administrative and
Technical Bureau Deputy Chief of the Medford Police Department. If the issue is not
resolved to the satisfaction of the Subscriber by the Deputy Chief, the Subscriber may
bring the matter before the Chief of Police of the City of Medford, who shall investigate
and recommend a resolution. In the event the issue is not resolved by the Chief of Police
to the satisfaction of the Subscriber, the Subscriber may appeal to the City Manager of
the City of Medford.
7..1 Should Subscriber raise a concern that substantially affects other subscribers or the
overall functioning of the MAD Records Division, the Manager shall refer the concern to
_the.coveii -11g-bodies-of-the Provider and Subscriber for_resolution . Neither parixshall
initiate any action of law, nor resort to any other legally available remedy without first
having followed the procedure required by this section.
8. ANNUAL BUDGET RECONEVIENDATIONS
The Provider and Scriber shall abide by the budget adopted by the Medford City Council
with respect to any and all fiscal matters affecting the financial responsibility of
subscribers to NPD. Any program or operational changes having expenditures requiring
a supplemental budget under Oregon Local Budget Law must go through all budget
preparation and review stages involving the Provider and Subscriber, as set forth herein.
9. FEES
Subscriber shall pay an annual fee for services under this Agreement. That fee shall be
computed as provided in Section B (Fee Schedule). Fees shall be due and payable in
advance in equal quarterly installments as set forth in Schedule B. Should-Subscriber be
in arrears in payment of set fees hereunder, sueh default shall not be deemed a material
breach unless Subsdriber's entire account balance is still unpaid more than 45 days after
written notice by Provider of intent to terminate.
10. RISK AL LOCA'I'IION
Neither party nor its officers and.employees shall be considered the agents of the other
for any purpose. Each party agrees to indemnify the other from claims which the
indemnitor would be legally liable to pay, excluding specifically claims arising from the
indemnitee's own negligent and/or intentional acts if a claim asserting the same loss or
injury were made directly against the indemnitor, whether or not such a direct claim is
actually made. The loss or injury sustained by the complainaiat resulted from the acts,
Records Management System Agreement Page 4 of 8
errors or omissions of the indemnitor or those for whose actions the indemnitor is
responsible. under the Oregon Tort Claims Act.
This mutual right to indemnity is in addition to and not in lieu of any other right or
contribution or indemnity which may exist in favor of either party under Oregon Law,
and the right to indemnity extends to officers, employees, and agents of the indemnity
party for claims made against them because of their actions or capacity as such.
"Indemnify", as used herein, means to indemnify, depend and save harmless.
11. RENEWAL, `1'E An~lI~T TER z t ' ATION
This Agreement shall be in effect commencing on the date of execution as set forth below
and ending June 30, 2011. This Agreement shall be automatically renewed after the
original term unless ei`hcex party provides notice to the other as provided below.
Either. party may terminate this Agreement at the end of the I-year term (June 30, 2011)
without penalty or cause, by written notice of intent to terminate delivered to the other
party no later than January 1, 2011. If no such notice is given, the Agreement is
automatically extended and shall remain in effect between the parties unless terminated in
the following manner.
Alter the end of the original term, the Agreement may be terminated at the end of any
fiscal year, without penalty or cause, by written notice of intent to terminate delivered to
he_olher party.nolater than 6_ months prior to_the.ead of that fiscal.year.. Payment.of ezs~y_
shall be established pursuant to Schedule "B", attached.
11.1 NON-APPROPIL?ATJON: Nottiviihstanding the termination provisions above,
termination may occur for non-appropriation. Specifically, all Subscriber obligations to
spend money under this Agreement are contingent upon future appropriations as par t of
the Subscriber budget process and local budget law, and the failure of the Council and
Budget Committee to make the appropriation shall necessarily result in termination of
this Agreement. As such, in the event insufficient funds are appropriated for the
payments under this Agreement and the Subscriber has no other lawfiilly available funds,
then the Subscriber may terrnate this Agreement at the end of its current fiscal year,
with no further liability or penalty to the Subscriber. The Subscriber shall deliver written
notice to Provider of such termination no later that\n thirty (30) days from the
determination by the Subscriber of the event of non-appropriation-
12. AlVMNDM[EN`d'S
The parties may, from time to time, agree to amend the provisions of any schedules
attached to this Agreement, provided, however, that the method used to compute
Subscriber's annual fee as set forth in Schedule B shall not be amended unless all other
subscribers agree to similar amendment. Costs associated with expansion of services, or
new (not replacement) equipment shall not be included in the calculation of the basic
service fee without the consent of all subscribers. All amendments shall be in writing,
and signed by he parties duly authorized representatives. As used in this section,
"replacement equipment" means equipment which replaces a function preciously
performed by other equipment owned or leased by Pro<rider, and which must be replaced
becaus8 its repair or maintenance cost equals or exceeds its fair market value.
Records Management 6
bement System Agreement pane 5 of
8
13 COWLETE AGREE141EP7T
13.1 Schedules A and B, referenced herein above, are hereby incorporated as part of this
Agreement as though fully reproduced herein.
13.2 This agreement represents the complete and integrated understanding of the parties
with respect to all particulars covered herein. All prior agreements, written and oral, are
hereby canceled. No prior written or oral representation, negotiation, or statement which
conflicts with the terms hereof shall be considered to in any way modify abridge, or
invalidate any provision hereof, and no evidence of such *shall be admitted in any
proceeding in which the terms and application of this Agreement are at issue.
14. NOTICE
Any notice required to be given to Provider under this Agreement shall be given to
Provider's Chief of Police. Any notice required to be given to Subscriber under this
Agreement shall be given to Subscriber ; Chief of Police.
IN WITNESS WHERN OF the parties heave caused this Agreement to be signed in their
respective names by their duly authorized representatives as the dates set forth below.
CITY OE'iv1EDFORD, OREG T 1~ T, H CITY OF ASFILAND,
Gary Wheeler
By
May'oz ~John Stromberg
Mayor
Jf i~
f..
Date Date ~€!fo
Approved
6
Chief of Police G- cf of Police
City of Medford City of Ashland
t/
~Xj
1 1, -"I, f {
Records Management System Agreement Page 6 of 8
SCHEDU ILEA
WARRANT CONYI-RIT-WATION AND
CLEARANCE FROM L DS CIC
ENS' OF DATA INFO L EDS!--N-CIC
1. House Subscriber's warrant files
2. Confirm Subscriber's warrants to inquiring agencies to include sending appropriate -
teletype confirmation
3.. Clear warrants from LEDS/NCIC upon confirmation of service
4. Return Circuit Court warrants to either the Circuit Court or the Jackson County
Sheriff's. Office for transport'of the defendant.
-n _ .m-5_20
-
6 Return all warrant teletypes and worksheets to the Subscriber along with Subscriber's
manila envelope.
7. Enter. missing/endangered persons, runaway, stolen vehicle and stolen gun entries
during the hours listed upon notification from Subscriber's officers into LEDS/NCIC..
8. Date and initial LEDS/NCIC teletypes and forward to Subscriber via the next
available Subscriber provided courier.
Records Management System Agreement Page 7 of 8
SCHEDULEB
FTEE SCHEDULE FOR
1. Subscriber's fee for services provide under this Agreement shall be the Basic Service
Fee plus negotiated fee for any extended services. The fees shall be reviewed on an
annual basis. Subsequent contract annual base fees shall be calculated on a three year
average number of Ashland warrants confnrned/cl'eared and the time that it takes the
Provider's records specialist to confirm and clear the warrant from LEDS//NCIC and an
average of the hourly rate of pay including benefits of the Provider's records specialists.
Fees will also include the Subscriber's percentage of usage of the RMS system
maintenance fees.
Number of Ashland warrants confirmed/cleared;
2007 - 325 wanants
2009 - 294 warrants
For an average of 311 warrants per year
It takes a Medford Police Records Specialist on average 15 minutes per warrant to
confirm each Ashland warrant and clear from LEDS/NCIC. Current rate of
$32.9349/hour x_ 311 warrants comes to $10,242.7539 a year.
Agreed upon fee of $20,000 total for the budget year 2010 - 2011. Fees to cover
F-MS/ARS Maintenance/Licensing fees as well as the warrant coruur ration/clearance and
entry of Missing/Endangered Persons, Runaway, Stolen Vehicle and Stolen Guns into
LEDS /NCIC during the hours mentioned in section 6.
Quarterly Due Dates shall be as follows:
July 15, 2010
October 15, 2010
January 15, 2011
April 15, 2011
Records Management System Agreement Page 8 of 8
CRT orT
ASHLAND
Coun d Communication
Intergovernmental Agreement with the City of Medford edford to
Provide Police Records Assistance
Meeting Date: Jive 15, 2010 Primary Staff Contact: Terry Holderness
Department: Police Department. E-Mail: holderaet@ashland.or.us
Secondary Dept.: Legal Department Secondary Contact: Richard Appicello
Approval: Martha Bennett Estimated Time: Consent
QF e~til~tn: .
Does the Council wish to enter into an Intergovenunental Agreement with the City of Medford to
provide police records assistance?
sto Recommendation-
Staff recommends that the Council authorize entering into an Intergovernmental agreement with the
Cii_,i of Medford to provide police records assistance
Background:
The Police Department presently contacts with the City of Medford for emergency dispatch services
and records assistance. All Jackson County emergency comma nications services including those
previously LOSidedyythe Citg of Medford. Lbe.con_soli t d t(Lthe~new-Fergency__~ _jn Communications of Southern Oregon (CSO).. This consolidation will take place on July
1, 2010.
ECSO does not provide records assistance. Ashland records system is currently hosted by the Medford
Police Department at a substantial savings to the City of Ashland. In addition Ashland does not have
staffing required to run a 24 hour a day seven day a week records operation- This will require the
department to find another agency to handle after hours warrant verifications and entries into the state
emergency information system. The Jackson County Sheriffs Department presently handles those
functions for all of the police agencies in the County except for Ashland Police Department and
Medford Police Department. The Sheriffs office has advised that they do not presently have the
staffing to handle those services for the Ashland Police Department. Medford has agreed to continue
to provide those services at a cost of $20,000 a year. At thus time Medford is the sole provider willing
to provide these services to Ashland. The Police Department was aware of this issue when the budget
was prepared and the -funds are allcceLed in the 2010/2011 budget.
Related City Policies:
None.
Council Options:
Authorize entering into an Intergovernmental Agreement with the City of Medford to provide police
records assistance.
Direct staff to provide the council with additional information about options for supplying police
records assistance for the City of Ashland.
Page 1 of2
BOO I L•L kA D
Potential WaodoLLse
Move approval of entering into an intergovernmental Agreement with the City of Medford to provide
police records assistance.
A~~E~affients:
Copy of the intergovern_ental Agreement with the City of Medford to provide police records
assistance.
Pa e'2 of2
WA MOP
0TY HECO ;DES
Page 1 / 1
-CITY OF
ASHLAND DATE PO NUMBER .
20 E MAIN ST. 7/30/2013 11750
ASHLAND, OR 97520
(541) 488-5300 "
VENDOR: 002503 SHIP TO: City of Ashland - Police Dept.
MEDFORD, CITY OF 1155 E MAIN STREET
411 WEST 8TH STREET ASHLAND, OR 97520
MEDFORD, OR 97501
FOB Point: _ Req. No.:
Terms: Net Dept.: -
Req. Del. Date: Contact: GaII.ROSenberq
Special Inst: - Confirming? NO
Quantity Unit - - Description" Unit Price 'Ext. Price
After-hours Records Service 23,100.00
Aqreement automatically renewed unless
either party provides notice as
required to the other party.
Contract approved by Council 06/15/2010
r
SUBTOTAL 23100.00
ULL TO: Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541-552-2010 TOTAL 23,100.00
ASHLAND, OR 97520
Account Number ' Project Number' Amount - 'Account Number Project Number Amount
110.06.09.00.60416 23 100.00
Aut orized Signature VENDOR COPY
r
FORM #3- CITY OF
.7 ASHLAND
REQUISITION Dateo est. 07/10/2013
Required date for delivery:
Vendor Name City of Wriford
Address, City, State, Zip 411 W Rth St Mpdfnr oR g7Fnl
Contact Name & Telephone Number
Fax Number Randy. ararino DP nt Chief 5417742279
SOURCING METHOD
❑ Exempt from Competitive Bidding ❑ Emergency
❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization
❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached
❑ Written cote or ro osal attached
❑ Small Procurement Cooperative Procurement
Less than $5,000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon
❑ Direct Award Date approved by Council: Contract #
❑ Verbal/Written quote(s) or proposal(s) ❑ State of Washington
Intermediate Procurement ❑ Sole Source Contract If
GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract
$5,000 to $100,000 ❑ Written quote or proposal attached Agency
❑ (3) Written quotes and solicitation attached ❑ Form #4, Personal Services $5K to $75K Contract #
PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement
$5,000 to $75,000 ❑ Form #9, Request for Approval ® Agency City of Medford ❑ Less than $35,000, by direct appointment El Written quote or proposal attached
Date original contract approved by Council:
❑ (3) Written proposals/written solicitation Date approved by Council: 06/15/10 (Date)
❑ Form #4, Personal Services $5K to $75K Valid until: Date
Description of SERVICES Total Cost
After hours Records Service - agreement automatically renewed unless either pad provides 06.'w
notice as required to the other party.
- -
Item # Quantity Unit Description of MATERIALS Unit Price Total Cost
I - 4
❑ Per attached quote/proposal ToraL COST
Project Number Account Number 110.06.09.00.604160
Account Number Account Number
'Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures.
IT Director in collaboration with department to approve all hardware and software purchases: .
IT Director Date Support-Yes/No
/By sign g hls re uisition'for~m,/l certify that the City's public contracting requirements have been satisfied.
Employee Signature: Department Head Signature: -
/ f t v /"f (F.
City Administrator: 4ual to or greater than $5,000)
/ V
(Equal to or greater than $25,000)
Funds appropriated for current fiscal year YES / NO
Finance Director- (Equal to or greater than $5,000) Date
Comments:
Form #3 - Requisition