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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