HomeMy WebLinkAbout2008-081 911 Dispatch Agrmt - City of Medford
Communications Services
Su bscription- Agreem en t
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 basic emergency communications
services as herein defined.. 2. DEFINITIONS
As used in this Agreement:
Basic emergency comnwnications service (basic service) means those services
particularly described on Schedule A for fire and police agencies respectively.
Business/service call means a telephone or radio call for service handled by
Provider for the Subscriber, and which is not a 9-1-1 call.
CAD is an acronym for Computer Aided Dispatch for Police, Fire and EMS
dispatching purposes.
Extended services are particular services provided by Provider beyond those
included as basic service.Field-initiated request means a communication which
is handled by Provider from one of the Subscriber's service units in the field.
lncident means either a 9-1-1 call, a business/service call, or a field-initiated
request as those Terms are herein defined, that generates an incident number for
the Subscriber.
Manager means the RVCCOM Communications Manager.
9-1-1 call means a telephone call for service received over a 9-1-1 line.
Provider means the City of Medford.
RVCCOM is an acronym for Rogue Valley Consolidated Communications, a
division of the Medford Police Department within the City of Medford.
SORe is an acronym for Southern Oregon Regional
Communications.Subscriber, (not capitalized) where used in the plural or
generic context means any public agency subscribing to basic service from
Provider under similar contract.Supervisor means the RVCCOM Operations
Supervisor(s).
System Delivery and Services means the shared Computer Aided Dispatch
Police, Fire, and EMS System intended to serve the parties as referenced in this
agreement.
Provider owns and administers shared CAD system, providing 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 locations (such as desk top computers; MDC
equipment; fiber/T1 connectivity to receiving points, etc). Subscriber shall be
responsible for all maintenance, upgrades, and replacement of their owll
equipment.
Provider manages CAD licensing. In the event licenses above the available
number are required by Subscriber, Subscriber shall submit a request through
Provider to obtain additional licenses at an additional cost to Subscriber.
3. COMMUNICATIONS LINKAGE AND MAINTENANCE
Subscriber shall independently, at their own expense, provide or arrange for
installation, implementation, maintenance and support of all lines and equipment
necessary to transmit telephone, radio and radio microwave signals to and from
Provider's receiving point(s) (such as portable and mobile radios; base stations,
towers, repeaters at subscribers locations; fiberrr1 connectivity to receiving
points, etc). Provider's responsibility is limited to accepting communications
links. Provider shall have no responsibility for maintenance or support of
communications lines and equipment except to contract with Qwest
Communications, its subsidiaries, successors or approved Contractors for 9-1-1
and E-9-1-1 lines and equipment, and to provide for maintenance of other
equipment and software required for Provider's effective operation of the
system.
4. DISPATCH PROCEDURES
4.1 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 provision, which is incompatible with Provider's
operating needs. Unless Provider gives such notice, any such new or revised
procedure shall be accepted and implemented by Provider no later than 15 days
after its receipt.
4.2 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 notify Subscriber of the reasons, therefore, while
still implementing the change to the greatest extent possible.
4.3 If Subscriber and Provider cannot informally resolve any dispute under
paragraph 4.1 or 4.2 as to dispatch procedures, either party may request that the
differences be reviewed by the Medford Chief of Police as provided in paragraph
7.6.
4.4 Provider shall train its personnel in those of Subscriber's procedures and
regulations, which Provider deems necessary to effectively dispatch and
communicate with Subscriber's personnel. Provider will train Subscriber's
personnel as need is determined by Provider and Subscriber. Training of
Subscriber's personnel will consist of radio procedure, introduction and review
of the emergency communications system, and topics that the Subscriber and
Provider agree will promote efficient and effective use of the communications
system.
4.5 Subscriber shall provide and continuously update current personnel work
schedules and information necessary for Provider to contact Subscriber's on-call
personnel.
5. ADMINISTRATIVE RESPONSIBILITY
5.1 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. Provider shall have full
discretion and authority to assign priority service among conflicting service
demands at any given time.
5.2 Provider may contract to provide services to other subscribers at its
discretion; however, Provider shall undertake no such obligation which has the
effect of diminishing or degrading the level of service provided to Subscriber.
6. SERVICE To assure the best possible service to the Subscriber and to
provide an avenue for operational and budgetary input, the Subscriber shall work
directly with the RVCCOM Manager, performing the following functions
consistent with laws, ordinances, other agreements and sound management
practices: 6.1 Recommend phone answering and dispatch protocol, procedures
and policies related to service delivery (including participation in
determining 91 liP SAP service if such service is transferred to another entity.)
6.2 Recommend dispatcher training criteria and program related standards.
6.3 Recommend equipment replacement and improvement in order to
maintain a progressive standard within the communications center.
6.4 Recommend general dispatch standards including timeliness, unit
designator, and radio language.
7. MEETINGS: Once per year, on or about November 1, Provider will conduct
a meeting with Subscriber at a mutually agreed upon location to accommodate
budget planning processes. A special meeting may be requested by Provider or
Subscriber representatives at any time and will be scheduled by the RVCCOM
Manager at the earliest convenience of all attendees. .
RECORDS: The RVCCOM Manager shall keep the minutes of all meetings
between Provider and Subscriber. A location shall be provided by RVCCOM as
a permanent and accessible depository for all meeting minutes. All
Provider/Subscriber correspondence shall be in written form and copies
maintained with the RVCCOM Manager's records. Subscriber shall be provided
a copy of all meeting records.
ADVISORY POWERS: The RVCCOM Manager is advisory to the Chief of Police
of the City of Medford, and to the governing. bodies of Medford
Communications Center subscribers. Consistent with laws, ordinances, and
other agreements, the RVCCOM 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.
DISPUTE RESOLUTION:
The Subscriber, having a concern with regard to service provided, may go
directly to the 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 Departmentlf 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.
7.3.3 Should Subscriber raise a concern that substantially affects other
subscribers or the overall functioning of the center, the Manager shall refer the
concern to the governing bodies of the Provider and Subscriber for resolution.
Neither party shall initiate any action at law, nor resort to any other legally
available remedy without first having followed the procedure required by this
section.
7.4 ANNUAL BUDGET RECOMMENDATION:
7.4.1 The Provider and Subscriber 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 RVCCOM.. 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.
FEES
Subscriber shall pay an annual fee for services under this Agreement. That fee
shall be computed as provided in Schedule 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 arrears 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.
9. 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 claim 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, errors or
omissions of the indemnitor or those for whose actions the indemnitor is
responsible under the Oregon Tort 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,
defend, and save harmless.
10. RENEWAL, TERM AND TERMINATION
This Agreement shall be in effect commencing on the date of execution as set
forth below and ending June 30, 2013. This Agreement shall be automatically
renewed after the original term unless either party provides notice to the other as
provided below.
Either party may terminate this Agreement at the end of the 5-year term (June
30,2013) without penalty or cause, by written notice of intent to terminate
delivered to the other party no later than January 1, 2012. 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 party no later than 18 months prior to the end of that fiscal
year. Payment of fees shall be established pursuant to Schedule "B," attached.
NON-APPROPRIATION: Notwithstanding the termination provisions above,
termination may occur for non-appropriation. Specifically, all Subscriber
obligations to expend money under this Agreement are contingent upon future
appropriations as part of the Subscriber budget process and local budget law, and
the failure of the Council and Budget Committee to make the appropriation shall
necessarily 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 termination no later than thirty (30) days from the
determination by the Subscriber of the event of non-appropriation.
CONSOLIDATION: Provider and Subscriber understand that potential exists
for consolidation of dispatch services between Provider and Southern Oregon
Regional Communications (SORC). In the event of a consolidation of dispatch
services between Provider and SORC, Provider may terminate this agreement.
Provider shall deliver written notice to Subscriber of such termination not later
than thirty (30) days prior to the implementation of new services provided by the
consolidated entity.
11. 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 amendments shall be in writing, and signed by the parti es '
duly authorized representatives. As used in this section, "replacement
equipment" means equipment which replaces a function previously 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.
COMPLETE AGREEMENT
12.1 Schedules A and B, referenced herein above, are hereby incorporated as
part of this Agreement as though fully reproduced herein.
12.2 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.
13. 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 have caused this Agreement to be signed
in their respective names by their duly authorized representatives as the dates set
forth belo
CITY OF
ity Administrator
~/Y/4[J
By:
Date:
Approved:
dd~
6llef of Police "-
City of Medford
~p/~
e 0 0 Ice
City of Ashland
CITY OF MEDFORD
AGREEMENT PROCESSING CONTROL RECORD
I. INITIATING DEPARTMENT: COMPLETE SECTIONS I & II
INITIATING DEPARTMENT: Police Deoartment
APCR PREPARED BY: Kellv Dutra. RVCCOM
NAME
Division Manaaer
TITLE
DATE: 052608 ~
DEPTHEAD:~~ ~-
SI NATU E
AGREEMENT OR CONTRACT TITLE: Communications Services Subscriotion Aareement
AGREEMENT OR CONTRACT PURPOSE: Provide disoatch and 9-1-1 answerina services for the Citv of Ashland bv RVCCOM
CONTRACT PARTIES: Citv of Medford and Citv of Ashland
OPTIONS TO RENEW
~ 1 YEAR~ 2 YEAR ~ MORE THAN 2 YEARS
BUDGET ACCOUNT NUMBER:N/A
BUDGET PROJECT NUMBER (if applicable):N/A
BOll: YES D- 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)
FUNDING IS AVAILABLE
(DEPARTMENTS MUST CERTIFY UNENCUMBERED RESOURCES ARE AVAILABLE TO FULLY FUND THE CONTRACT)
YES NO N/A
D 0 18I
- - -
0 0 18I
- - -
18I 0 0
- - -
0 0 18I
._- - -
0 0 18I
-- - -
18I 0 0
COMPETITVEL Y SOLICITED
OTHER PARTY HAS EXECUTED
PERFORMANCE BOND OR OTHER SECURITY IS ATTACHED
INSURANCE CERTIFICATE(S) ATTACHED
LEGAL DESCRIPTIONS BEEN RECEIVED AND CHECKED
OTHER COMMENTS N/A
III.
PROVIDE TWO (2) COPIES OF COMPLETED APCR AND ATTACH TWO (2) COPIES OF AGREEMENT TO BE SIGNED
CITY RECORDER:
DATE RECEIVED {t1 ~ ?:> \ CJ9
LAW DEPT
DATE ROUTED C9( ~ 10 <9
(j /7 /0~
( I
DATE 6'//;/0:3
;
DATE
IV.
V.
CITY MANAGER
VI.
ACTION RECORD:
CITY COUNCIL ACTION DATE
fc; IlCf/ Cfb
ORDINANCE NO. ~ 6t:> 2? -I J7
MAYOR/CITY MANAGER/DEPT HEAD EXECUTION DATE
CITY RECORDER COMPLETION DATE
DISTRIBUTION: ORIGINAL: Citv Recorder's Office
M:\CtyForms\APCR.doc
SCHEDULE A
BASIC EMERGENCY COMMUNICATIONS SERVICE
FOR POLICE, FIRE AND MEDICAL AGENCIES
1. Answer "business/service" calls for service between the hours of 1700 and 0800
during the week, 24 hours per day on the weekends.
2. Answer all "9-1-1 emergency" calls for service.
3. Dispatch" business/service and "9-1-1 emergency" calls for service. Maintain
separate primary frequency for Ashland Fire & Rescue at a call-taker position.
4. Dispatching operations will be conducted with the use of a computer aided
dispatching system, of which the Subscriber is a member of the regional CAD
proj ect.
5. Maintain and record unit status and availability.
6. Paging services for public safety purposes. (Shall include after hours paging/calling
Ashland Public Works as well as receiving and directing associated calls for services in
emergency situations.)
7. Radio broadcasts of "administrative message," "attempts to locate," "all-point
bulletins," and "street closure announcements." This includes screening of teletypes
and supplying that information to the proper jurisdiction.
8. Provide DMV (Department of Motor Vehicle,) NCIC (National Crime
Informati on
Center) LEDS (Oregon Law Enforcement Data System,) and Jackson County regional
automated information as requested by field units and the Subscriber.
9. . Maintain (with mutual assistance) an equipment resource file, responsible person
file, personnel call-up list, programming for CAD files, and department personnel work
schedule.
10. Provide public safety telephone messages via the Communications Center.
11. Maintain backup radio and telephone equipment; also provide backup emergency
power for radio and telephone service for the Communications Center.
12. Maintain recordings of all telephone and radio communications; provide retrieval
at the Subscriber's request. AudiocoM copies will be provided at the Subscriber's request.
13. Answer "business/service/emergency" drop line from Ashland Police
Department. Phone equipment and lines to be provided and maintained by Subscriber.
14. Provide routine "testing" at agency's request.
SCHEDULE BFEE SCHEDULE FOR THE CITY OF
ASHLAND
1. Subscriber's fee for services provided 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 the
percentage of workload generated by Subscriber in relation to RVCCOM's total
operating budget.
1.2 Fee Formula for Dispatching/PSAP Fees based on the following:
1.2.1 Answering point for all Ashland PSAP calls, non-emergency
phones, and after-hours utility phones.
1.2.2 Full-Time Dispatch Service to Ashland Police and
Ashland Fire & Rescue.
1.2.3 The Basic Service Fee for any contractual fiscal year shall be adjusted
annually, based on the preceding calendar year 's actual J-calls for service as a
percentage of the total RVCCOM J-calls for service as applied to RVCCOM's budget.
EXAMPLE: (from 2008-2009 Expense Allocation)
Total RVCCOM Budgeted Cost $2,462,680
Total RVCCOM CAD/RMS Budgeted Cost $ 304,193
TOTAL RVCCOM Budget for Dispatch, CAD and RMS $2,766,873
Current Charge to Ashland
Current Charge to SOU
$ 589,000
$ 14,000
Cost Allocation based on J-Cases:
TOTAL J-Cases 210,897
Ashland
SOU
Medford
TOTAL:
53,824
3,608
153,073
210,505
25%
1%
740/0
100%
$719,000 Total: $692,000
$ 28,000 Total: $ 28,000
$2,019,873 Total: $2,046,873
$2,316,544 Total: $2,766,873