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HomeMy WebLinkAbout1988-021 Inter-Agency ContractBEFORE nE BOARD OF COUNTY COMMISSIONERS STATE OF OREGON. COUNTY OF JACKSON IN~{E MATTER OF AUTHORIZING) nE COUN~"f ADMINISTRATOR TO'~ ~XECUTE CON~CTS WITH LAW ) ENFORCEMENT AGENCIES OBDEB NO. / WHEREAS, the organization contracting with Jackson County for criminal Justice information has dissolved; and WHEREAS, law enforcement entities desire to contract with Jackson County to continue receiving this information; Now, therefore, The Board of County Commissioners of Jackson County ORDERS: The County Administrator is authorized to execute contracts with law enforcement agencies to provide criminal justice information to these entities that are outlined in the proposed contract. DATED this llth day of May, 1988. at Medford. Oregon. JACKSON COUNTY BOARD OF COMMISSIONERS }ltmk Henry, Commissioner ORDF-R - 1 33oo.§3 INTERAGENCY CONTRACT FOR SERVICES This contract is made and entered into by and between Jackson County, hereinafter referred to as ("Contractor"), and City of Ashland , hereinafter referred to as ("User"). WHEREAS, Contractor desires to enter into a contract-whereby it will pro- vide to the User certain professiohal services hereinafter described; and, generally, the services will consist of providing and maintaining an administra- tive base of information, and pass-through of criminal justice information from and to LEDS, NCIC, and other such statewide and nationwide resources as may be added; and, this will involve equipping, staffing, and operating central facili- ties for the collection, storage, retrieval, and release of criminal justice information to and from the User at the User site; and, pursuant to this, the functions to be performed by the Contractor will include: 1. the installation, operation, and maintenance of a law enforcement records management system. 2. computer hardware procurement and installation required at the Contractor's site. 3. the development and improvement of existing and future systems; and WHEREAS, the Contractor represents that it can provide sufficient professional and technical skills to provide the required products and the User desires to engage services for this purpose; NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein or attached and incorporated and made a part hereof, the parties hereto agree as follows: ARTICLE I Duties and Responsibilities of Contractor Contractor shall: 1. furnish to User the services above-described for the fiscal year beginning July 1, 1988, and ending June 30, 1989, charging for said services annually the total sum shown for User in attached Exhibit A (the "projected charge") subject to adjustment as provided in Article IV; and thereafter provide for User's review a projected rate structure by April i of each year for the ensuing fiscal year, giving User an opportunity to terminate on 60 days' notice for the ensuing fiscal year in accordance with Article III. If User does not give termination notice at least 60 days prior to the beginning of the ensuing fiscal year, Contractor and User are bound by this contract for that fiscal year, User to pay an amount not to exceed the projected rate for that year, subject to adjustment as provided in Article IV. 2. maintain records and cost reports on a current basis to support in- voices or billings. Said records shall be available and accessible to User, the State of Oregon, or any other duly authorized representatives for the purpose of audit and examination of any directly pertinent books, documents, papers, or records of the Contractor involving transactions relating to this contract. I - INTERAGENCY CONTRACT FOR SERVICES 3. provide on Contractor's premises, the hardware and computer software necessary to maintain service to the User. Hardware to be provided by the Con- tractor on its premises includes computer hardware, as well as telephone lines and communications equipment. ARTICLE II Duties and Responsibilities of User- User agrees: 1. that User will make payments to Contractor as provided for in this agreement. 2. that Contractor assumes no responsibility for the modification of User sites as necessary for the timely and adequate access to, and receipt of, service performed by Contractor under this contract. 3. that Contractor assumes no responsibility to acquire, furnish, or maintain necessary hardware on User sites to access the system operated by Contractor. This hardware includes, but is not limited to, computer terminals, printers, communications controllers, and modems at User sites. The responsi- bility to furnish and maintain necessary hardware at a User site shall be that of the User Agency. ARTICLE III Schedule of Contract (Life of Contract) Contractor shall deliver services under this contract commencing July 1, 1988, and this contract shall expire on June 30, 1992; provided, however, that the contract shall, subject to legal budgetary restraints of User, be automati- cally renewed on a year-to-year basis (fiscal year spanning July I to June 30 until June 30, 1992, unless terminated as below provided; and, provided, fur- ther, that either party may terminate this contract upon giving written notice to the other not less than 60 days prior to the end of any fiscal year. Such termination shall become effective at midnight on the last calendar day of the fiscal year in which the 60 days expires. On or before April 1, 1992, unless the contract is terminated earlier, the parties contemplate that a new contract will be negotiated and written for the period beginning July 1, 1992. ARTICLE IV Compensation 1. This is to be a cost-reimbursement contract, so that the total amount due Contractor from all Users for any fiscal year will not exceed the total actual cost incurred by Contractor for that fiscal year in providing the service to all Users; and no User will pay Contractor any more or less than its share, as determined herein, of the total cost of operation. Apportionment of the cost among the Users for the next fiscal year is set forth in attached Exhibit A. However, for the following fiscal years the apportionment will be based upon the proportion which User's total computer time (Central Processor Unit seconds) bears to the total such computer time of all Users during the preceding fiscal year. 2 - INTERAGENCY CONTRACT FOR SERVICES 2. The amount of the projected charge to the User for the year will be paid in the following manner: The total amount for each User will be divided into twelve equal monthly payments, and not later than the fifth day of each month, the User will pay Contractor the monthly amount for that month. 3. At the end of the fiscal year, the actual total cost shall be arrived at and apportioned among this, and other, Users in the manner as the projected charges were apportioned for that fiscal year. If the same actual total cost for the year is less than the projected total cost, then each User shall be credited with its proportionate share of the saving. If the actual total cost exceeds this projected cost for the year, then the deficit will be apportioned among the Users in like manner. The projected charge to User in this contract is based on the assumption that all the Users listed in attached Exhibit A will participate; but, if any listed User fails to participate for the year, then the amount anticipated from that User will be apportioned among the remaining Users, and the charges and credits adjusted ~ccordingly; and this shall apply with reference to the projected charges and the User list furnished each year by Contractor. In like manner, additional revenue from unanticipated Users will be apportioned and credited among the Users. For purposes of the apportionment and adjustments in this Article, Contractor is deemed to be a User. All adjustments provided for in this subparagraph will be computed at the end of the fiscal year and the amount will be applied as an adjustment to the projected charges for each User for the next fiscal year. 4. For the purpose of determining costs, Contractor will assign as costs charged under this contract only those outlays actually spent and reasonably necessary to provide and maintain the hardware and software and the services attributable to the function to be performed by the Contractor under this agreement. 5. Contractor's financial records and supporting invoices and vouchers shall be maintained and made available for inspection by User at all reasonable times. ARTICLE V Miscellaneous Understandings Contractor shall acquire ail equipment and software necessary for the per- formance of the functions it has contracted to perform hereunder; and all equip- ment and software acquired and developed by the Contractor for the performance of such functions shall remain the assets of the Contractor regardless of the source of the money with which the Contractor acquires or develops such equip- ment or software. As to such equipment and software, the Contractor assumes the risk of all such losses as may be insurable. All equipment and software purchased by User for the operation of User sites shall remain the assets of User. Contractor agrees, as to its employees, and User agrees, as to its employees, that: 1. such employees as have access to the system shall be screened to en- sure compliance with State regulations regarding access to the system and shall be given appropriate instructions regarding the confidentiality of the system; and 3 - INTERAGENCY CONTRACT FOR SERVICES 2. the employees applicable regulations physical security of nonqualified personnel. of Contractor and of the User will comply with all of LEDS and NCIC systems, including such matters as terminals, access to terminals or to the data base by ARTICLE VI Disputes If any dispute arises between Contractor and User based upon a claimed violation of the terms of this contract, either party may by written notice given within 30 days after the dispute arises require that the matter be decided by arbitration, but this shall not defeat the right of Contractor to terminate for nonpayment when authorized under Article IV(3). If timely demand for arbi- tration is made, the parties select an arbitrator from the American Arbitrator's Association panel in the manner prescribed by AAA procedures and the arbitration shall then proceed in accordance with Oregon statutory provisions for arbitra- tion. If timely demand for arbitration is not made, then the parties may proceed with judicial remedy unless they voluntarily agree to arbitrate the dispute. Dated 'this //¢~day of ~"~/~i~ ' 1988. CONTRA4~OR: ///~ /~ USER: CITY OF ASHLAND 4 - INTERAGENCY CONTRACT FOR SERVICES EXHIBIT A RATE STRUCTURE CITY OF ASHLAND Agency shall be charged for service based on FY 1987-88 SOJIC/Jackson County contract formulas. CITY OF ASHLAND (July 1 - June 30) shall be $ 17,800 $ 1,483.33 will be invoiced. Agency rate for FY 1988-89 total. A monthly amount of ARency 87-88 % Share Dollar Amount 1. Jackson County 25.55 $76,000 2. Josephine Cnty 24.10 71,600 3. Medford 21.90 65,000 4. Grants Pass 9.65 28,600 5. Ashland 5.98 17,800 6. Central Point 4.00 ].1,900 7. SORC 3.13 9,300 8. Eagle Point 1.70 5,000 9. Phoenix 1.45 4,300 10. Jacksonville 1.29 3,800 11. Talent 1.25 $ 3,700 TOTAL $297,000