HomeMy WebLinkAbout2024-179 MOU - MFD, FD3, FD5, AFR - Shared Technology Services - Tablet Command Program u
Memorandum of Understanding @@PW
FOR
SHARED TECHNOLOGY SERVICES—TABLET COMMAND PROGRAM
THIS AGREEMENT, is made and entered into on this 15t Day of April, 2024 by and between Medford
Fire Department(MFD), Fire District 3 (FD3),Jackson County Fire District 5 (FD5), and Ashland Fire and
Rescue (AFR)through their duly authorized Department Head, Mayor, City Manager, or Board of
Director, to provide for shared technology services related to the Tablet Command software program
as described under the terms of this agreement.
RECITALS
Whereas, Oregon Revised Statutes (ORS) Chapter 190 authorizes units of local government to enter
into written agreements with other units of local government for any or all of the functions and
activities of a party to the agreement, and
Whereas, Medford Fire Department, Fire District 3,Jackson County Fire District 5, and Ashland Fire
and Rescue participate in automatic or mutual aid agreements where emergency resources
commonly cross boundaries of each jurisdiction and operate on emergency incidents together, or
separately, in each other's jurisdiction, and
Whereas, it is the desire of these municipalities and governmental jurisdictionsto share a common
electronic incident dispatch and management program as it relates to emergency firefighting and
medical responses, and
Whereas, Tablet Command operates within the United States and provides an electronic incident
dispatch and management system, and
Whereas, there are operational efficiencies, and improved employee safety in sharing a common
software platform for electronic dispatch and incident management activities.
AGREEMENT
Medford Fire Department, Fire District 3,Jackson County Fire District 5, and Ashland Fire and Rescue
agree to share a common electronic dispatch and incident management program and software
interface to the Computer Aided Dispatch (CAD) system utilized by all entities. All parties agree to
financially support the initial and ongoing purchase of a shared electronic dispatch and incident
management system. All parties agree that shared costs will be divided in an equitable fashion and
that user licenses will be funded by the individual agency utilizing those licenses, as detailed below.
1. FD3 will serve as the administrative manager for the agreement between partner agencies.
FD3 reserves the right to transfer the administrative oversight to a third partner, at a later
date. If the administrative oversight of this agreement is transferred, all other structures,
components, costs, and contract requirements in this agreement shall transfer without
disruption or change.
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2, The costs of the Central Square CAD interface needed to facilitate the electronic incident
management system will be shared equally by MFD, FD3, FD5,AFR.These costs are required to
build the bridge between the Tablet Command Software and the existing CAD system that
utilizes Tiburon. FD3 will coordinate with ECSO to sign the agreement with Central Square to
complete this phase of work.
3. The electronic incident management system will be purchased from Tablet Command. Costs
associated with the initial (one-time) implementation of Tablet Command software will be
shared equally by MFD, FD3, FD5, AFR.All agencies will be included in this phase of build-out
to ensure that the system is prepared to operate regionally and address specific operational
needs/issues as required to function as a regional incident management tool.
4. Tablet Command license fees for individual tablets are not shared.The contract with Tablet
Command will renew in APRIL each year and FD3 will add or subtract licenses from the
contract based on the needs of each respective fire department. Each agency is then
responsible for the costs of their licenses.
5. Purchase and maintenance of hardware,vehicle mounts, integration with other technology
unique to an individual agency is not shared.
6. Fire District 3 will execute the purchase of the electronic incident management system and will
invoice MFD, FD5, and AFR for their portion of the costs related to the system. Future Agencies
who may join the system will be invoiced as outlined below.
7. All parties agree to financially support the purchase of the system and their share of the annual
subscription costs for at least 3 years from the date of execution of this MOU. After that initial
period, at least 24-months notice shall be given to all other parties if any party chooses not to
continue participating in the electronic incident management program (see "termination"
section below).
8. ICS workflows, Checklists, custom terminology, and other custom features required for this
platform to function as a regional solution will be built via a working group.This working group
will be formed as directed by Fire Chiefs from partnering agencies. With no less than an every-
other-year review.
9. All participating parties shall approve any additional users to the system beyond MFD, AFR,
FD5, FD3.
10. Each participating municipality or fire district shall be responsible for the configuration,
management, maintenance, and other capabilities of their own tablets/or other hardware
within the electronic incident management system. However, no system functionality, capacity,
or capability reductions are authorized without the consent of all participating agencies. All
users agree to use common names for their respective companies logged in to Tablet
Command. For example, Engine 22 will be the "name" assigned to the company inside the
software when logged in.This is to ensure simple messaging functionality is maintained using
the standard SMS messaging service included with tablets that the system runs on. Other
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"names" such as "fd3-unit55" or"MFD Wad#2" are not allowed. See the "adopting naming
convention" from the Rogue valley Fire Chiefs for further.
11. See "Appendix A"for cost sharing breakdown and fees to be billed to each agency during the
first three years of this agreement. "Appendix A" will be updated annually prior to contract
renewal to ensure it remains up to date.
12. If other agencies wish to join in the use of Tablet Command (electronic incident dispatch and
management program) after the execution of this agreement the following provisions will
apply:
• Any agency interested shall notify Fire District 3 of their interest in writing. Upon receipt
Fire District 3 will consult with the other parties who have previously signed on as users
per sections 6, 7, and 9 above. Enrollment will occur in MARCH of every year for"go-
live"to follow on,or about,APRIL 1"each year. This is when all agencies will be
invoiced for the upcoming year's expenses.
New agencies who join at later dates will be required to fund a portion of the annual
fees of the original MOU signing agencies (MFD, FD3, FD5, AFR). New agencies will pay a
one-time fee that will be used to offset that years' annual fees billed to the original
signing agencies.The fee paid shall be equally divided between FD3, FD5,AFR, and MFD.
Each agency is not paid individually by the new agency.This cost sharing helps
reimburse original agencies for the significant up-front costs associated with system
build-out that made the system operational in 2024.The one-time fee is in addition to
the annual fees and tablet subscription fees billed to the new agency.Additionally,
Central Square Maintenace fees will be divided amongst all participating agencies
moving forward.
The one-time up front fee for a new agency will be based on the previous year's 911 calls
dispatched by ECSO, and administered as follows:
........ -......... . New a........
enc�es 911 calls a"Is
�.m m�
atch the previous year by ECSO
. . n.. V . . P ., .. — y — ---------
Call
Volume Fee aid to be shared b FD3 FD5 AFR and MFD one-time fee)
_..._..
1 -500 --
$ 1000
501-3750
$4300
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REVIEW
NE1Pu,EVALUATION,, T'y SURANCE BILLING',and WITHDRAW PROCESS
1. All parties agree to work diligently towards resolving any issues that may arise for the mutual
benefit of the parties.
2. Partner agencies agree to meet annually in March of each to review incident management
procedures, best-practice integration, system functionality, and other associated issues of
mutual interest.Agencies will provide the expected license count for the next billing year
(April to April) at this meeting. Any agency intending to withdraw from this agreement will
provide written notice at this time. See termination section below.
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3. FD3 will invoice partner agencies in April of each year.The invoice will indicate two separate
costs.One for Tablet Command (licenses and fees per license retained by the agency), and one
for Central Square (annual maintenance fees for Tablet Command to Tiburon connection).
A I I'B1.ITY INf EMNITY
A. To the extent permitted by the Oregon Tort Claims Act and the Oregon Constitution, Fire
District 3 shall defend, indemnify and hold harmless Medford Fire Department,Jackson
County Fire District 5, and Ashland Fire and Rescue and each of their elected officials,
officers, agents and employees, from and against any and all losses, claims, actions, costs,
judgments, damages or other expenses resulting from injury to any person (including injury
resulting in death) or damage to property(including loss or destruction), of whatever nature,
arising out of or incident to the performance of this agreement by Fire District 3, including,
but not limited to, any acts or omissions of Fire District 3's officers, employees, agents,
volunteers and others, if any, designated by Fire District 3 to perform services under this
agreement.
B. Fire District 3 shall not be held responsible for any losses, claims, actions, costs,judgments,
damages or other expenses directly, solely and proximately caused by the negligence of
Medford Fire Department,Jackson County Fire District 5, or Ashland Fire Rescue.
C. To the extent permitted by the Oregon Tort Claims Act and the Oregon Constitution,
Medford Fire Department,Jackson County Fire District 5, and Ashland Fire and Rescue shall
defend, indemnify and hold harmless Fire District 3, and each of its elected official, officers,
agents and employees, from and against any and all losses, claims,actions, costs,judgments,
damages or other expenses resulting from injury to any person (including injury resulting in
death) or damage to property (including loss or destruction), of whatsoever nature, arising
out of or incident to the performance of this agreement by Medford Fire Department,
Jackson County Fire District 5, and Ashland Fire Rescue including but not limited to, the acts
and omissions of MFD, FD5, AFR employees, agents,volunteers and others, if any,
designated by MFD, FD5,AFR to perform services under this agreement.
D. Medford Fire Department,Jackson County Fire District 5, and Ashland Fire Rescue shall not
be held responsible for any losses, claims, actions, costs,judgments, damages or other
expenses directly, solely and proximately caused by the negligence of Fire District 3.
E. This section does not confer any right to indemnity on any person or entity other than the
parties, waive any right of indemnity or contribution from any person or entity; or waive any
governmental immunity.
DEFAULT
A. A party to this agreement who has cause to believe that the other party is in default of the terms
or conditions of this agreement, shall give the party alleged to be in default written notice of said
default, and allow not less than ten (10) days for the default to be cured. If the default is not
cured within that time,the following remedies are available to the parties:
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e Declare this agreement to be terminated, at which time the provisions of Termination of
this agreement shall be complied with.
• Request arbitration of any dispute pursuant to ORS 190.710 to ORS 190.180.
a If not resolved in arbitration, bring an action in the Jackson County Circuit Court to enforce
any provision of this agreement.
B. Each of the above remedies is deemed to be cumulative and non-exclusive of any other remedy.
TERMINATION
A. Any agency may withdraw from participation, without cause, by the terminating party giving the
other parties written notice of its intention to withdraw from this agreement. Such notice shall
be given at least twelve (24) months prior to the termination of this agreement (after the first 36-
month period) as described in "Agreement section 7" above. Although, by mutual consent of all
parties, this agreement may be terminated on shorter notice.
ENTIRE AGREEMENT
A. This written agreement is the entire agreement of the parties hereto regarding the subject
matter of this agreement and contains all the terms and conditions of the agreement between
the parties. All prior agreements for the services, understandings or the like,whether written or
verbal, are superseded by this agreement and shall be of no force or effect whatsoever. Any
amendment to this agreement shall be in writing and signed by the representatives of the parties
as duly authorized by the governing body of each party.
EXECUTION
A. The execution of this agreement by each of the undersigned is done pursuant to the
authorization of the governing body of each party,voted upon in an open meeting in accordance
with Oregon Law, and each person executing this agreement hereby certifies that they are
authorized to execute this agreement on behalf of Fire District 3, Medford Fire Department,
Jackson County Fire District 5, and Ashland Fire and Rescue. In witness whereof,the parties,
through their duly authorized representatives, have executed this Agreement on the date or
dates set forth below.
IN WITNESS WHEREOF,this Agreement is executed by the following:
SIGNED AGENCY TITLE DATE
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