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HomeMy WebLinkAbout1999-151 Dispatch Agrmt - SOUDISPATCH SERVICE AGREEMENT This agreement is between the City of Ashland, Oregon, acting by and through its ASHLAND POLICE DEPARTMENT, hereinafter called "APD" and the State of Oregon, acting by and through the State Board of Higher Education, on behalf of SOUTHERN OREGON UNIVERSITY, hereinafter called "UNIVERSITY". WITNESSETH WHEREAS, the APD has provided dispatch services to the UNIVERSITY on a continuing basis since ~cy,_,pTC--~5~Y,, kq ct c~ ; and WHEREAS, the UNIVERSITY has need to continue dispatch service with the APD, NOW, THEREFORE, the parties agree as follows: Dispatch Service The APD agrees to provide dispatch service for the UNIVERSITY. Such service consists of providing 24-hour special coverage (notwithstanding customary services provided to the general public) for: all calls dialed into UNIVERSITY'S 552-6911 line; dispatch/answer radio traffic to/from UNIVERSITY officers or agents; incidental wants/warrant checks upon officers request; exchange and relay of calls to/from fire or police. Term and Renewal The term of this agreement shall commence upon the last date of signatures to this agreement and continue through June 30, 2001. The agreement may be renewed by mutual written consent of the parties for additional annual periods, or for additional two-year periods, at the option of the parties. The UNIVERSITY shall notify the APD in writing of its intent to renew on or before one year prior to the agreement expiration date. Financial Consideration 3.1 The UNIVERSITY agrees to pay to APD a payment in the amount of $30,000 for the 1999-2000 year. The payment shall be made in quarterly installments of $7,500 due on C)e._Tc~e-~C--;,, ~5, ~c~ctct ~ Dti~ i. ~ ~qqq- ~x4 t 2-C'cc, t~,~c~ 3.2 The ~IVERSITY agrees to phase the ~ual allocmion up to $51,000 over a two to t~ee ye~ period co~encing with the second ye~ of ~is agreement. The allocation increases for each subsequent agreemere period ~e to be deteEined ~d agreed upon prior to the c~em agreement expiration date based on ~ual analysis of prormed cost of providing seaices to ~IVERSITY. Indemnification Subject to the limitations and conditions of the Oregon Tort Claims Act, ORS 30.260 through 30.300, the Oregon Constitution, Article XI, Section 7, the parties agree to indemnify and hold harmless from any loss, damage, claim, or demand arising from their respective activities in connection with this Agreement. Neither Party shall be liable for any loss, damage, injury, or claim arising from the negligence of the other Party or its agents or employees. Termination for Non-Appropriation If sufficient funds are not provided in the legislatively approved budget of the UNIVERSITY to permit it in the exercise of its reasonable administrative discretion to continue this agreement, the UNIVERSITY may terminate this agreement without further liability by giving the APD not less than sixty (60) days' prior written notice. Termination This agreement may be terminated at any time upon mutual written consent of the parties. Notices Any notice required to be given under this lease either by APD or UNIVERSITY shall be in writing and delivered or mailed as follows: ASHLAND POLICE DEPARTMENT UNIVERSITY Chief of Police Ashland Police Department 1155 E. Main Ashland, Oregon 97520 Vice President for Administration and Finance Southern Oregon University 1250 Siskiyou Boulevard Ashland, Oregon 97520 Default Either party shall be deemed to be in default under this agreement only after written notice of the unperformed obligation has been given and the obligation remains unperformed for 30 days after notice. If the obligation cannot be completed within the 30-day period, there shall be no default if the defaulting party commences a good faith effort within the 30-day period and continues diligently to complete performance. In the event of default by either party, the other party shall be emitled to recover damages or any other remedy provided by applicable law. Merger This agreement constitutes the entire agreement between the parties. There are no understandings, agreements, or representation, oral or written, not specified herein regarding this agreement. No amendment, consent, or waiver of terms of this agreement shall bind either party unless in writing and signed by all parties. Any such amendment, consent, or waiver shall be effective only in the specific instance and for the specific purpose given. The parties, by the signatures below of their authorized representatives, acknowledge having read and understood the agreement and agree to be bound by its terms and conditions. SOU/Ashland Police Department Agreement / 2 IN WITNESS WHEREOF, the parties have duly executed this Agreement on the latest day accompanying the signatures below. SIGNATURES CITY OF ASHLAND Mike Freeman, City Administrator Date [Vlt, f/q'5 Scott Fleuter, Chief of Police Date ~//~ ~/'/'~ 7 STATE OF OREGON, ACTING BY AND THROUGH THE STATE BOARD OF HIGHER EDUCATION, ON BEHALF OF SOUTHERN OREGON UNIVERSITY By Ronald S. Bolstad, Vice President for Administration and Finance Date Paul o e, i ome SOU/Ashland Police Department Agreement / 3