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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, , , ...--; I l /I 0 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 -n.A I C(/ 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