HomeMy WebLinkAbout2010-080 Contract - ECSO - Fire Dept
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EMERGENCY COMMUNICATiONS
OF, SOUTHERN OREGON
EMERGENCY COMMUNICATIONS OF SOUTHERN OREGON
TELECOMMUNICATIONS CONTRACT
i This Contract is made and entered into in duplicate this ~7' day of
-4tVU. ,20..&2 by and between EMERGENCY COMMUNICATIONS OF SOUTHERN
OREGON, an unincorporated association of governmental entities organized under ORS
Chapter 190, hereafter "ECSO," and CITY OF ASHLAND FIRE DEPARTMENT hereafter
"USER."
WIT N E SSE T H:
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WHEREAS, ECSO is an association of governmental entities organized under an
Intergovernmental Agreement under the authority of ORS Chapter 190 and as a "local
jurisdiction" under authority of ORS Chapter 403 for the purpose of implementing a primary 911
Public Safety Answering Point, hereafter "PSAP," capable of providing wireline and wireless
phase I and phase II telephone services, collectively known as "PSAP Services" received at
ECSO for the greater Jackson County area and Crater Lake National Park, and also capable of
providing emergent and non-emergent pUblic safety radio communications and dispatch
services, to its Users collectively known as "Dispatch Services"; and
WHEREAS, ECSO has a fully equipped and staffed telecommunications center,
hereafter "CENTER" capable of delivering PSAP Services and Dispatch Services, and .
WHEREAS, USER desires that ECSO provide it with the aforementioned services, and
NOW, THEREFORE, in consideration of the mutual undertakings and obligations set
forth herein, the parties covenant and agree as follows:
1. Telecommunications Connectivity and Maintenance:
a) ECSO shall have responsibility for maintenance and support of communication lines and
equipment and to contract with Qwest Communications, its subsidiaries, successors or
other approved Contractors for 911 lines and equipment, and to provide for
maintenance of other equipment and software required for effective operation of the
system.
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b) ECSO Information Technology (IT) staff or agents will provide and/or manage the
installation, implementation, maintenance and support of ECSO lines and equipment
necessary to transmit telephone, radio and wireless signals between the User and
ECSO. Except as provided in c) below, User remains responsible for maintenance of its
side of the telecommunications link. The cost of accomplishing and maintaining this
linkage for all participating agencies will be shared as part of the ECSO technical
operating budget.
c) Scope
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1) Respond to the User agency to trouble-shoot and repair User's minor
equipment malfunctions, such as printers, pc's, keyboards, etc. as it pertains to
dispatch and 911 services provided by ECSO.
2) Respond to the User agency to trouble-shoot and provide the IT staff as
necessary to repair Users' law and fire network servers and wireless networks
specifically in support of police and fire services and mobile communication
terminals as it pertains to dispatch and 911 services provided by ECSO. The
cost of any equipment to make such repairs shall be borne by the User Agency.
3) Assist with the User Agency's strategic planning for related projects which they
may wish to pursue.
4) Provide connectivity to the MDC interface with CAD.
5) Provide connectivity to the RMS interface.
6) Provide connectivity to the CMS interface.
7) Provide dispatch specific connectivity to the Mercy Flights Ambulance interface.
8) Provide connectivity to the MDS field reporting system.
~) 2, Services:
a) The User shall have local control over the manner in which its calls-for-service are
processed and prioritized for dispatch by ECSO.
b) The User may only designate a particular procedure change as critical where the
change is required by court order or other severe mitigating circumstances. ECSO
shall, to the extent possible, implement immediate procedures which accommodate the
change. If any such procedure is incompatible with ECSO's operating policies,ECSO
shall notify the User of the reasons therefor while still implementing the procedure. The
procedure will be implemented, to the extent possible, until such time as both parties
can mutually resolve their concerns or bring the matter before the CEO Board for review
and recommended action. The CEO Board's decision shall be deemed final and binding.
c) If ECSO and the User cannot informally resolve any non-critical dispute as to dispatch
procedures, either party may request that the matter be brought before the ECSO CEO
Board for resolution. If any such procedure is incompatible with ECSO's operating
policies, ECSO shall notify the User of the reasons therefor while still implementing the .
procedure. The procedure will be implemented, to the extent possible., until such time
as both parties can mutually resolve their concerns or bring the matter before the CEO
Board for review and recommended action. The CEO Board's decision shall be deemed
final and binding.
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d) ECSO shall train its personnel in those User procedures and regulations which may be
deemed necessary to provide effective service. EC.sO will provide orientation to User
personnel as may be requested by the User,
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e) Scope
1) Provide PSAP Services on a 2417 basis.
2) Provide Dispatch Services 2417, including status keeping and after-hours call-
outs.
3) Perform pages and notifications per User agency procedure, or upon demand.
4) Perform radio and/or MDC broadcasts of administrative messages, attempts to
locate and all-points bulletins.
5) Provide law enforcement access to DMV, NCIC, LEDS and as reasonably
feasible, other Jackson County regional information systems as requested by
eligible agencies..
6) Provide for the maintenance and update of the automated Geo-file and Master
Street Address Guide.
7) Provide Phase II 911 mapping within dispatch, and as available to MDC's.
8) Maintain back-up communications systems.
3. Duration and Amendment:
a. This Contract shall be for a period of 12 months. The Contract term will begin at
midnight on July 1, 2010, and end at midnight on June 30, 2011. USER agrees
to notify the ECSO CEO Board Chair, in writing, no later than June 30 of any
year for withdrawal effective July 1 st of the following calendar year. Failure of
USER to so notify ECSO will result in damages not less than the withdrawing
party's share of the Agency's annual operations costs for the next fiscal year, as
and for liquidated damages.
b. This Contract shall be subject to amendment only by written approval of both
ECSO and USER.
c. All previous contracts with USER for similar services are terminated as of the
effective date hereof.
4. User Advisory Groups:
a. The Law Enforcement User Advisory Group and the Fire/EMS User Advisory
Group may meet monthly, or as may be needed to review dispatch procedures
and develop common policies which will enhance mutual operations.
b.\
The USER shall be entitled to one voting representative on the Law and/or
Fire/EMS User groups for the purpose of representing the USER's special
interests, service requirements and operational role within the Center.
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5.
ECSO Administrative Responsibility:
a. ECSO shall have full authority and responsibility over hiring, training, discipline,
scheduling and assignment of personnel assigned to perform and to supervise
services provided under this Agreement. ECSO shall have full discretion and
authority under emergent conditions to prioritize service among conflicting service
. demands.
b. ECSO may contract to provide services to other agencies at its discretion
provided ECSO shall undertake no such obligation which has the effect of
diminishing or degrading the level of service provided to the current Users.
c. The ECSO Director, or designee will communicate with the User agency on a
regular basis to ensure continuity of service.
d. Scope
1) Ensure appropriate staffing levels.
2) Provide scheduled system performance and activity reports.
3) Provide quarterly and annual performance reports.
4) Complete and maintain professional certifications.
5) Maintain State and Medical certifications.
6) Review and respond to in-service job performance inquiries.
7) Provide User community support.
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6. Perfonnance Standards:
a. The CEO Board will review and approve a system for performance
measurements.
7. Annual Budget Preparation:
Draft budget figures will be developed by ECSO by the end of December of each year.
On or about January 15th, the CEO Board will review and recommend modifications to .
the proposed budget. On or about February 15th the Intergovernmental Council will
review and recommend modifications to the proposed budget. ECSO will make the
recommended modifications and issue a preliminary budget in March. The budgetwill
be adopted by the CEO Board no later than its June meeting,
8. Financial:
a. USER shall pay ECSO the total sum of $329,780.96 in consideration of the
services outlined in Paragraph 1 above for the Contract term. This amount shall
not increase during the Contract term.
b. USER agrees to pay the charges as prescribed at a minimum in four (4) equal
installments and due no later than July 10, October 10, January 10 and Apri/10
of each contract cycle. Payments shall be made to. ECSO, 400 Pech Road,
Central Point, OR 97502.
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c.
If the installments are paid when due, no interest shall accrue on the unpaid
balance of the Contract amount stated in a. above, but any overdue installment
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shall bear interest at one and three-quarters percent (1% %) per month from its
due date.
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d. law user rates are based on 70% of the total budget less revenue and minimum
user fees, and fire user rates are based on 30% of the total budget less revenue
and minimum user fees. All user rates are then calculated by use of a formula
that incorporates the population base served by the user and the assessed
valuation of each user's jurisdiction.
e. State 911 tax revenue reimbursements to ECSO shall be maintained in a
separate interest bearing fund independent of the ECSO general fund.
9. Property:
During the term of this Contract, ECSO shall ensure the operation of all equipment and
property in the CENTER as necessary to provide the services which are to be performed
under this Contract, which services shall be in compliance with the operating standards,
procedures, and rules adopted by ECSO.
10. Hold Harmless Clause:
The parties shall hold each other harmless and shall indemnify the other from any and
all causes of action, judgments, claims, damages, or otherwise arising out of its sole
and solitary acts.
11, Default:
Upon default by USER of the payment terms of this Contract, said default existing for
thirty (30) days, ECSO may terminate further provision of communication services to
USER upon' ten (10) day written notice to cure given to USER. ECSO may also
terminate such services for default by USER of any other material term of the Contract
upon thirty (30) day written notice to cure given to USER.
12,
Arbitration:
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In the event a dispute arises under the terms of this Contract, the parties shall submit
the dispute to binding arbitration in accordance with ORS Chapter 36. Notice of intent to
arbitrate shall be given in writing to the other party. Within ten (10) business days of the
Notice of Intent .to Arbitrate, ECSO shall request a list of seven (7) names from the
Jackson County Court Annexed Arbitrator List. The parties shall alternately strike one
name from the Iisluntil only one name from the list remains, The USER shall strike first.
The remaining individual shall be the Arbitrator. The striking shall be conducted no
longer than ten (10) business days after receipt of the list. The rules applicable to the
arbitration shall be the same as if the matter were being heard in a court annexed
arbitration proceeding in Jackson County, except to the extent such rules address
appeal or other recourse to the Court as the intent of the parties is that such arbitration
be final and binding and the parties agree to be so bound by such decision. Each party
shall initially bear ihe cost of arbitration equally, provided, however, that the prevailing
party as determined by the arbitrator shall be entitled to an award by the arbitrator of its
reasonable attorney fees and costs of the arbitration.
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13.
Savings Clause:
If, during the period of this Contract, it is determined by judicial or arbitration rulin9 or by
mutual agreement of the parties that a specific clause of the Contract is illegal under
federal or state law, the remainder of the Contract not affected thereby shall remain in
force. .
14. Notices:
Any notice required or permitted under this Contract shall be given when actually
delivered or forty-eight (48) hours after deposited in the United States Mail as certified
mail addressed to the address set forth below or to such other address as may be
specified from time to time by either of the parties in writing.
ECSO:
EMERGENCY COMMUNICATIONS
OF SOUTHERN OREGON
400 Pech Road
Central Point, OR 97502
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15.
Signators:
Signators to the Contract shall be:
USER:
CITY OF ASHLAND
Ashland Fire Department
455 Siskiyou Boulevard
Ashland, OR 97520
Copy to:
CITY OF ASHLAND
Ashland City Administrator
20 East Main Street
Ashland OR 97520
a. For ECSO: An authorized representative of ECSO.
b. For USER: An authorized representative of USER.
IN WITNESS WHEREOF, the parties hereto execute thi
ECS~ R
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CEO Board, Chairman
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Date
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M ial E. Henault, ECSO Legal Counsel
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(Print Name)
Dai~1 bOllO
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Date
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EMERGENCY COMMUNICATIONS
OF SOUTHERN OREGON
INVOICE
October 15,2010
City of Ashland
Fire Department
455 Siskiyou Blvd.
Ashland, OR 97520
2010-2011 TelecOlmnunications Contract:
$145,784.99
Quatierly Billing:
OctoberlNovember/December 20 I 0
$ 36,466.25
Please remit to Emergency Communications of Sou tit ern Oregon.
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INVOICE.QIR
400 Pech Road ' Central Point, Oregon 97502 . 541.774-5060 ' 541-772-1817Fax