HomeMy WebLinkAbout2011-132 Agrmt - City of Medford Police Dept
I.
CITY OF MEDFORD
AGREEMENT PROCESSING CONTROL'RECORD
INITIATING DEPARTMENT: COMPLETE SECTIONS I & II .
~-rWiLQl t(\
INiTIATING DEPARTMENT Police Department
APCR PREPARED BY Randv Soaracino
NAME
Deoutv Chief
TITLE
DAT~ ~
DEPT HEA ~
, - SIGNA E
AGREEMENT OR CONTRACT TITLE After,Hour Records Services with the City of Ashland (Police Deoartment)
AGREEMENT OR CONTRACT PURPOSE The Duroose of this aareement is to establish auideJines for the City of Medford tpolice
Deoartment Records Division) to orovide records services to the Ashland Police for after hours records actions.
CONT~ACT PARTIES City of Ashland (Police Deoartment)
CONTRACT TERM BEGIN:07/01/10 END:06/30/11
, (PROJECTIONS ARE ACCEPTABLE)
DATEOFCOUNCILACTION " L ~ ,0 ,
OPTIONS TO RENEW
01 YEAR 0 2 YEAR 0 MORE THAN 2 YEARS
OTHER GOVERNMENT(S) AFFECTED
WHO PREPARED THE AGREEMENT OR CONTRACT
FINANCIAL IMPACT $20,000 revenue
BUDGET ACCOUNT NUMBER:
BUDGET PROJECT NUMBER (if applicable):
BOll: YES
NO_
II, CHECK 'YES' TO ALL APPLICABLE SECTIONS BEFORE ROUTING TO RECORDER'S OFFICE FOR FURTHER PROCESSING
('NO' ACCEPTABLE FOR AGREEMENTS WITH OTHER GOVERNMENTAL ENTITIES) , _"_____~~__
YES
NO
N/A
FUNDING IS AVAIlABLE
(DEPARTMENTS MUST CERTIFY UNENCUMBERED RESOURCES ARE AVAIlABLE TO FUllY FUND THE CONTRACT)
---"-
COMPETITVEL Y SOLICITED
x
OTHER PARTY HAS EXECUTED
-A--::- - ~
PERFORMANCE BOND OR OTHER SECURITY IS ATTACHED
---"-
INSURANCE CERTIFICATE(S) ATTACHED
LEGAL DESCRIPTIONS BEEN RECEIVED AND CHECKED
x
---"-
OTHER COMMENTS
PROVIDE lWO (2) COPIES OF COMPLETED APCR AND ATTACH lWO (2) COPIES OF AGREEMENT TO BE SIGNED
III, CITY RECORDER:
DATE RECEIVED
b\ ~\ill-
APCR No.
~S.IO
DATE ROUTED
lAW DEPT
DATE
~
IV.
v,
CITY MANAGER
DATE
?/ -v:;-/Ic;/
YI. ACTION RECORD:
Ildlo
. ORDINANCE NO,
, ,
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4liJ,'o
. l
DEPT RETURNED TO:
;;w 10 -l~l
CITY COUNCIL ACTION DATE
MA YORlCITY MANAGERlDEPT HEAD EXECUTION DATE
CITY RECORDER COMPLETION DATE
DISTRIBUTION: ORICiINAL: Citv Recorders Office
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1\J1.\(':t"I=()/"n"l<::\l1pr.Q ntV'
,
:ReICords Man.agement System -
Agreement,
Between
THE CITY OF MEDFORD
An Oregon Municipal Corporation,
Provider
And
THE CITY OF ASHLAND
, An Oregon Municipal Corporation,
Subscriber
1. PURPOSE
By this Agreement, the Provider shall furnish RMS/ ARS systems, warrant confirmation
and clearance from LEDS/NCIC and after hour entries into LEDS/NCIC of Missing
Persons, Runaway, Stolen Vehicles, and Stolen/Lost Guns as described in Schedule A.
2. DEFINITIONS
As used in.this AlITeement
APD is an acronym for Ashland ,Police Department
ARS is an acronym for Automated Reporting System
DMV is an acronym for the Oregon State Department of Motor Vehicles
LEDS is an acronym for the Law Enforceroent Data System.
MPD is an acronym for Medford Police Department
Manager means the Medford Police Records Manager
NCIC is an acronym for the National Crime Information Center
RMS is an acronym for Records Management System
System Delivery and Services means the shated 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 furnish Provider a
complete copy of any proposed new or revised procedure, which would affect Provider's
operations. Within 14 days after receipt, Provider shall notify Subscriber of any
Records Management System Agreement Page I of 8
,
provision, which is incompatibJe 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 court order or other exigent circumstances. Provider shall, to the
extent possible, implement immediate procedures, which accommodate the change. If
any such procedure is incompatible with Provider's operating needs, Provider shall notif'y
Subscriber of the reasons, therefore, while still implementing the change to the greatest
extent possible,
3.3 If Subscriber and Provider cannot informally resolve any dispute under paragraph 4.1
or 4,2 as to records procedures, either party may request that the differences be reviewed
by the Medford Chief of Police as provide din paragraph 7,6.
4. ADMINISTRATIVE RESPONSIBILITY
4.1 Provider 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 Providers shall have full discretion and authority to
assign priority service among conflicting service demands at any given time.
4.2 Provider may contract to provide services to other subscribers at its discretion,
bowever,Y.ro.Yider ~hall undertake no such,.gbligation which.has.the effect of diminishing
or degrading tbe level of service provided to Subscriber.
5. SERVICE
The Medford Police Department Records Division shall provide services as listed in
Schedule A in a manner consistent with LEDS/NCIC standards Monday - Thursday from
1700 hours until 0800 hours each day and,from Friday 1700 hours until 0800 hours
Monday each week.
5 .1 Warrant ConfIrmation and clearance from 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,
Department 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 II" manila envelope. A typed label will be
affixed to the top right hand comer of the envelope listing the last name, first name and
middle name of the wanted person. The label shall also contain either "APD" or
"AsWand PD",
Any warrant locate teletype information received by Subscriber will be relayed to the
Medford Police Department Records Division as soon as possible. Upon receipt of the
warrant envelope, the MPD Records Division shall enter the information into a database
for tracking and fIle the warrant alphabetically in APD warrant fIles.
Records Management System Agreement
Page 2 of 8
MPD will confirm the warrants and clear the warrants from LEDS/NCIC.
MPD 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 of 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
warrant 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 LEDS/NCIC and return of the original warrant to the appropriate court.
5.2 Entry of missing/endangered persons, runaways, stolen vehicles and stolen guns:
Provider will make the entry and clearance of missing/endangered persons, runaways,
stolen vehicles and stolen 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 name files as well as DMV files.
Subscriber's records division shall be responsible for the LEDS/NCIC required double
cl:wck.QUhe em!)' ~d mOdificatiOn if necessary when cpll}]Jared to. the actuaI_pplice ,
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.
5.3 Provider owns and administers shared RMp/ARS system; prQviding 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, MDC equipment, fiber/TI
connectivity to receiving points, etc) Subscriber shall be responsible for all maintenance,
upgrades, and replacement of their own equipment.
conespondence shall be in written fonn and copies maintained with the MPD Records
Manager's records. Subscriber shall be provided a copy of all meeting records.
6.2 ADVISORY POWERS: The MPD Records Manager is advisory to the Chief of
Police of the City of Medford. Consistent with laws, ordinances, and otheragreements,
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 MPD Records Division, the Manager shall refer the concern to
thqm:v.erning.bodies_of.the Provider and Subscriber for resolution. Neither. pam shall,
initiate any action oflaw, nor resort to any other legally available remedy without first
having followed the procedure required by this section.
8. ANNUAL BUDGET RECOMMENDATIONS
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 MPD. 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 Agteement 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 anears in payment of set fees hereunder, such default shall not be deemed a material
breach unless Subscriber's' entire account balance is still unpaid more than 45 days after
written notice by Provider of intent to terminate.
10. RISK ALLOCATION
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 clainl 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 complainant 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 th~ Oregon Tor.t 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, TERM AND TERMINA nON
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 either palv,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 1,201 L Ifno such notice is given, the Agreement is
automatically extended and shall remain in effect between the parties unless terminated in
the following manner.
After 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
the.other.p~.nol!lter than 6 months p_rior to the. end of that fiscaL year.. Paym~nt of fees,
shall be established pursuant to Schedule "B", attached.
11.1 NON-APpROPRIATION: Notwithstanding 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 part of ,
the Subscriber budgetprocess and local budget law, and the failure ofthe Council and
Budget Committee to make the appropriation shall ilecessarily 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 lawfully available funds,
then the Subscriber may terminate 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 tenriination no later that\n thirty (30) days from the
determination by the Subscriber of the event of non-appropriation.
12. AMENDMENTS
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 ajIlendments shall be in writing,
and signed by he parties dilly authorized representatives. As used in this section,
"replacement equipment" means equipment which replaces a function preciously
performed by other equipment owned or leased by Provider, and which must be replaced
because its repair or maintenance cost equals or exceeds its fair market value.
Records Management System Agreement
Page 5 of 8
13 COMPLETE AGREEMENT
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's Chief of Police.
IN WITNESS WHEREOF the parties heave caused this Agreement to be signed in their
respective names by their duly authorized representatives as the dates set forth below.
cI~;a:~~7:1 :~t1,
By 't.---;/!;., ,- I -/\j{~ \ t l '- \,-,
'''Gary W)ieeler
Mayor .
-I.r;~ 2-0 10
. ,
THE CITY OF ASHLAND
By~~rJK\il~~
\jJohn Stromberg
Mayor
Date 1//'6/:;0/0
I
Date
Approved
?<~~
Chief of Police
City of Medford
7~~ II~
/ .ehief of Police
City of Ashland
1
~~ fJt' ([
/.. JIG
,Clih. l
,/
Records Management System Agreement
Page 6 of 8
SCHEDULE A
WARRANT CONFIRMATION AND
CLEARANCE FROM LEDS/NCIC
ENTRY OF DATA INTO LEDS/NCIIC
1. House Subscriber's warrant files
2. Confirm Subscriber's warrants to inquiring agencies t9 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
Sheriffs Office for transport of the defendant.
5.. RetullLl,).shlandJ,\ilunicipliLC.D.urLwarrants tel-Subscriber
-~
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
SCHEDULE B
FEE SCHEDULE FOR
THE CITY OF ASHLAND
I, 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 confirmed/cleared 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 warrants
2008,_ 313 warrants
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/hourx 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
RMS/ARS Maintenance/Licensing fees as well as the warrant confirmation/clearance and
entry of MissinglEndangered 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
CITY OF
ASHLAND
Council Communication
Meeting Date:
Department:
Secondary Dept.:
Approval:
Intergovernmental Agreement with the City of Medford to
Provide Police Records Assistance
June 15,2010 Primary Staff Contact:
Police Department E-Mail:
Legal Department Secondary Contact:
Martha Bennett Estimated Time:
Terry Holderness
holdernet@ashland.or.us
Richard Appicello
Consent
Question:
Does the Council wish to enter into an Intergovernmental Agreement with the City of Medford to
provide police records assistance?
Staff Recommendation: , .
Staff recommends that the Council authorize entering into an Intergovernmental agreement with the
City of Medford to provide police records assistance
-
Background:
The Police Department presently contracts with the City of Medford for emergency dispatch services
and records assistance. All Jackson County emergency communications services including those
Rreviouslyprovided by.th.\:cCity of Medford.wilLbe consolidated into",the-new-Emergllilc)'c. _'_
Communications of Southern Oregon (ECSO). 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
staffmg required to run a 24 hour a day seven day a week records operation. This will requITe 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 this 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 allocated 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
~~,
.
.
CITY OF
ASHLAND
Potential Motions:
Move approval of entering into an Intergovernmental Agreement with the City of Medford to provide
police records assistance.
Attachments:
Copy of the Intergovernmental Agreement with the City of Medford to provide police records
, .
assistance.
Page 2 of2
~,,'
~~,
C!TY RECORDER
CITY OF
ASHLAND I'
20 E MAIN ST,
ASHLAND, OR 97520
(541) 488-5300
Page 1/1
DATE
7/8/2011
II
,.,'. PO NUMBER~' '
10280
VENDOR: 002503
MEDFORD, CITY OF
411 WEST 8TH STREET
MEDFORD, OR 97501
SHIP TO: City of Ashland - Police Dept.
1155 E MAIN STREET
ASHLAND, OR 97520
FOB Point:
Terms: Net
Req. Del. Date:
Special Inst:
Req. No.:
Dept.:
Contact: Gail RosenberQ
Confirming? No
~',Qu'antit,i:,,:, unit' :':~::..: . .:',:.',:'., ":'.' :".- ..:Oe'sc'ription" :', " ' :' -.'::.., , , .,' ~ijnit P-ric'e,.i".' E'xt.-PritEi : '.
. .., "
After Hours Records Service - FY 2012 20,000.00
Records Mgmt System Agreement
Intergovernmental agreement with City
of Medford approved by City Council on
June 15,2010
Note: Agreement shall automatically
renew each fiscal year unless
terminated by written notice 6 months ,
prior to end of that fiscal year.
.
.
SUBTOTAL 20000,00
BILL TO: Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0,00
541-552-2028 TOTAL 20,000.00
ASHLAND, OR 97520
(:':~'Accouiit,NLimber ::'.:i. /. :Project Number.:, "," :Amount' , -Account Nu"niber . ProjectNun1ber ::' ii .;,." Amounf ~:
. - !"
E 110,06,09,00.60416 20000,00
j
w~
If' ..-- V.fJ~
Authorded Signature
VENDOR COPY
F:ORM #3
CITY OF
ASHLAND'
A n,quflstfof a Purchase Order
REQUISITION
Date of request:
Required date for delivery:
E9
Vendor Name
Address, City, state, Zip
Contact Name & Telephone Number
Fax Number
Ciw of UArlfrmi
411 W Rib ~t MArlfnrrl nR Q7!in1
Rt:lnrly Sp::m~r.ino np.pllfy Chip' !)41 774 ??n
SOLICITATION PROCESS
0 Exemot from Comoetitive Biddina o Emeraencv
0 Wotten Findings (Form attached) o Invitation to Bid (Caples on file) o Wotten findings attached
0 Quote or Proposal attached Date approved bv Council: o Quote or Prooosal attached
o Small Procurement CooDerative Procurement
Less than $5,000 o Reaueslfor Proposal (Copies on file) o State of Oregon
Note: Totai contract amount, including any Date approved by Councii: Contract #
amendments may not exceed $6,000 o State of Washington
Intermediate Procurement IZJ Sole Source Contract #
GOODS & SERVICES 0 Wotten Findings (Form attached) o Other government agency contract
$5,000 to $100,000 IZJ Quote or Proposal attached Agency
o (3) Wotten quotes attached Contract #
PERSONAL SERVICES 0 Soecial Procurement 0 Intergovemmental Agreement
$5,000 to $75.000 0 Wotten Findings (Form attached) Agency
o Less than $35,000, by direct appointment o Quote or Proposal attached Contract #
o (3) Wotten proposais attached Date approved bv Councii: Date approved by Council:
Description of SERVICES
~~tM ~
After hours Records service ~
Item # Quantity Unit Description of MATERIALS
Total Cost
. $20;000 '.
~.. _ . .~," "",}~., '.:' f_ .,'.'
,
.;, TOTAL COST .
0 Per attached QUOTE ,$ .'''' "
"
,
,
i .
Unit Price
Total Cost
Project Number ______. ___
Account Number 110.06.09,00.604160 Account Number
. . ~ .
--- -- -- -- ------
Account Number ___' __' __' __' ______ Account Number ___' __' __' __' ______
'Expenditure must be charged to the appropriate account numbers for the financials to reflect the aclual expenditures eccurately, Affach extra pages if needed,
tion proted ebove meets the City's public contracting requirements, and the documentation can be provided
M Department Head Signature: ~ /~
Additional signatur
Funds appropriate for current fiscal year: ~ NO
"c(2~ ~. - e'~
Finance Director
7/cp//
Date
Comments:
G: Finance\Procedure\AP\Fonns\Fonn #3 - Reauisition.doc
UPdated on: 71612011