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HomeMy WebLinkAbout2011-133 Contract - ECSO - Police ...... ,,#., * '!~ECS8~ EMERGENCY COMMUNICATIONS OF SOUTHERN OREGON EMERGENCY COMMUNICATIONS OF SOUTHERN OREGON TELECOMMUNICATIONS CONTRACT This Contract is made and entered into in duplicate this day of , 20_, by and between EMERGENCY COMMUNICATIONS OF SOUTHERN OREGON, an unincorporated association of governmental entities organized under ORS Chapter 190, hereafter "ECSO," and ASHL~ND POLicE DEPARTMENT hereafter "USER." WIT N E SSE T H: WHEREAS, ECSO is an association of governmental entities organized under an Intergovernrnental Agreement under the authority of ORS Chapter 190 and as a "local jurisdiction" wider authority of ORS Chapter 403 for the purpose, of implementing a primary 911 Public Safety Answering Point, hereafter "PSAP," capable of providing wireline and wireless phase I and phase II telephone services, collectively known as "PSAP Services" received at ECSO for the greater Jackson County area and Crater Lake National Park, and aiso capabie of providing emergent and non-emergent public safety radio communications and dispatch services, to its Users collectively known as "Dispatch Services"; and WHEREAS, ECSO has a fully equipped and staffed telecommunications center, hereafter "CENTER" capabie of delivering PSAP Services and Dispatch Services, and WHEREAS, USER desires that ECSO provide it with the aforementioned services, and i I I NOW, THEREFORE, in consideration of the mutual undertakings and obligations set forth herein, the parties covenant and agree as follows: 1. Telecommunicallc:lns Connectivity and Maintenance: a) ECSO shall have responsibility for maintenance and support of communication lines and equiprnent and to contract with Qwest Communications, its subsidiaries, successors or other approved Contractors for 911 lines and equipment, and to provide for maintenance of other equipment and software required for effective operation of the system. b) ECSO Information Technology (IT) staff or agents will provide and/or manage the installation, implementatiDn, maintenance and support of ECSO lines and equipment necessary to transmit telephone, radio and wireless signals between the User and ECSO. Except as provided in c) below, User remains responsible for maintenance of its side of the telecommunications link. The cost of accomplishing and maintaining this linkage for all participating agencies will be shared as part of the ECSO technicai ' operating budget. , ; , , I I c) Scope 1) Respond to the User agency to trouble-shoot and repair User's minor equipment rnalfunctions, such as printers, pc's, keyboards, etc. as it pertains to dispatch and 911 services provided by ECSO. 2) Respond to the User agency to trouble-shoot and provide the iT staff as necessary to repair Users' law and fire network servers and wireless networks specifically in support of police and fire services and mobile communication terminals as it pertains to dispatch and 911 services provided by ECSO. The cost of any equipment to make such repairs shall be borne by the User Agency. 3) Assist with the User Agency's strategic planning for related projects which they may wish to pursue. 4) Provide connectivity to the MDC interface with CAD. 5) Provide connectivity to the RMS interface. 6) Provide connectivity to the CMS interface. 7) Provide dispatch specific connectivity to the Mercy Flights Ambulance interface. 8) Provide connectivity to the MDS field reporting system. 2, Services: a) The User shall have local control over 1he manner in which its calls-for-service are processed and prioritized for dispatch by ECSO, b) The User may only designate a particular procedure change as critical where the change is required by court order or other severe mitigating circumstances, ECSO shall, to the extent possible, implement immediate procedures which accommodate the change. If any such procedure is incompatible with ECSO's operating policies, ECSO shall notify the User of the reasons therefor while still irnplementing the procedure. The procedure will be implemented, to the extent possible, until such time as both parties can mutually resolve their concerns or bring the matter before the CEO Board for review and recommended action. The CEO Board's decision shall be deemed final and binding. c) If ECSO and the User cannot informally resolve any non-critical dispute as to dispatch procedures, either party may request that the matter be brought before the ECSO CEO Board for resolution, If any such procedure is incompatible wiih ECSO's operating policies, ECSO shall notify the User of the reasons therefor while still implementing the procedure. The procedure will be implemented, to the extent possible, until such time as both parties can rnutually resolve their concerns or bring the rnatter before the CEO Board for review and recommended action. The CEO Board's decision shall be deemed final and binding. d) ECSO shall train its personnel in those User procedures and regulations which may be deemed necessary to provide effective service. ECSO will provide orientation to User personnel as may be requested by the User. ' 2. I I I i , j ; I ! e) Scope 1) Provide PSAP Services on a 24/7 basis. 2) Provide Dispatch Services 24/7, including status keeping and after-hours calle outs. 3) Perform pages and notifications per User agency procedure, or upon demand. 4) Perform radio and/or MDC broadcasts of administrative rnessages, attempts to locate and all-points bulletins. 5) Provide law enforcement access to DMV, NCIC, LEDS and as reasonably feasible, other Jackson County regional information systems as requested by eligible agencies.. .) I \ i I ; , , l ! 6) Provide for the rnaintenance and update of the automa1ed Geo-file and Master Street Address Guide, 7) Provide Phase II 911 mapping within dispatch, and as available to MDC's. 8) Maintain back-up communications systems. 3. Duration and Amendment: a. This Contract shall be for a period of 12 months. The Contract term will begin at midnight on July 1, 2011, and end at midnight on June 30, 2012. USER agrees to notify the ECSO CEO Board Chair, in writing, no later than June 30 of any year for withdrawal effective July 1 st of the following calendar year. Failure of USER to so notify ECSO will result in damages not less than the withdrawing party's share of the Agency's annual operations costs for the next fiscal year, as and for liquidated damages. b. This Contract shall be subject to amendment only by written approval of both ECSO and USER. c. All previous contracts with USER for similar services are terrninated as of the effective date hereof. 4. , User Advisory Groups: a. The Law Enforcement User Advisory Group and the Fire/EMS User Advisory Group may meet monthly, or as may be needed to review dispatch procedures and develop common policies which will enhance mutual operations. I i i I I, i b. The USER shall be entitled to one voting representative on the Law and/or Fire/EMS User groups for the purpose of representing the USER's special interests, service requirernents and operational role within the Center. 3 5. ECSO Administrative Responsibility: a. ECSO 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. ECSO shall have full discretion and authority under emergent conditions to prioritize service among conflicting service demands. b. ECSO may contract to provide services to other agencies at its discretion provided ECSO shall undertake no such obligation which has the effect of diminishing or degrading the level of service provided to the current Users, c. The ECSO Director, or designee will communicate with the User agency on a regular basis to ensure continuity of service. d. Scope 1) Ensure appropriate staffing levels. 2) Provide scheduled system performance and activity reports. 3) Provide quarterly and annual performance reports. 4) Complete and maintain professional certifications. 5) Maintain State and Medical certifications. 6) Review and respond to in-service job performance inquiries. 7) Provide User community support. ! . i 6. Performance Standards: a. The CEO Board will review and approve a system for performance rneasurements. 7. Annual Budget Preparation: Draft budget figures will be developed by ECSO by the end of December of each year. On or about January 15th, the CEO Board will review and recommend modifications to the proposed budget. On or about February 15th the Intergovernmental Council will review and recommend modifications to the proposed budget. ECSO will make the recommended modifications and issue a preliminary budget in March. The budget will be adopted by the CEO Board no later than its June meeting, 8. Financial: a. USER 'shall pay ECSO the total su of $337,800.12 in nsideration of the services outlined in Paragraph 1 above or thA ('.g erm. This amount shall not increase during the Contract term. b. USER agrees to pay the charges as prescribed at a minirnum in four (4) equal installrnents and due no later than July 10, October 10, January 10 and April 10 of each contract cycle. Payments shall be made to ECSO, 400 Pech Road, Central Point, OR 97502, c. If the installments are paid when due, no interest shall accrue on the unpaid balance of the Contract amDunt stated in a. above, but any overdue installment shall bear interest at one and three-quarters percent (1% %) per month from its due date, 4 d. Law user rates are based on 70% of the total budget less revenue and rninimum user fees, and fire user rates are based on 30% of the total budget less revenue and minimum user fees. All user rates are then 'calculated by use of a formula that incorporates the population base served by the user and the assessed valua1ion of each user's jurisdiction. e. Slate 911 tax revenue reimbursements, to ECSO shall be maintained in a separate interest bearing fund independent of the ECSO general fund. 9. Property: I i i ! During the terrn of this Contract, ECSO shall ensure the operation of all equipment and property in the CENTER as necessary to provide the services which are to be performed under this Contract, which services shall be in compliance with the operating standards, procedures, and rules adopted by ECSO. 10. Hold Harmless Clause: The parties shall hold each other harmless and shall indemnify the other from any and all causes of action, judgments, claims, damages, or otherwise arising out of its sole and solitary acts. 11. Default: Upon default by USER of the payment terms of this Contract, said default existing for thirty (30) days, ECSO may terminate further provision of communication services to USER upon ten (10) day written notice to cure given to 'USER. ECSO rnay also terminate such services for default by USER of any other material term of the Contract upon thirty (30) day written notice to cure given to USER. 12. Arbitration: In the event a dispute arises under the terms of this Contract, the parties shall submit the dispute to binding arbitration in accordance with ORS Chapter 36. Notice of intent to arbitrate shall be given in writing to the other party. Within ten (10) business days of the Notice of Intent to Arbitrate, ECSO shall request a list of seven (7) names from the Jackson County Court Annexed Arbitrator List. The parties shall alternately strike one name from the list until only one name from the list remains. The USER shall slrike first. The remaining individual shall be the Arbitrator. The striking shall be conducted no longer than ten (10) business days after receipt of the list. The rules applicable to the arbitration shall be the same as if 1he matter were being heard in a court annexed arbitration proceeding in Jackson County, except to the extent such rules address appeal or other recourse to the Court as the intent of the parties is that such arbitration be final and binding and the parties agree to be so bound by such decision. Each party shall initially bear the cost of arbitration equally, provided, however, 1hat the prevailing party as determined by the arbitrator shall be entitled to an award by the arbitrator of its reasonable attorney fees and costs of the arbitration. 5 / 13. Savings Clause: If, during the period of this Contract, it is determined by judicial or arbitration ruling or by mutual agreement of the parties that a specific clause of the Contract is illegal under federal or state law, the rernainder of the Contract not affected thereby shall remain in force. 14. Notices:. Any notice required or permitted under this Contract shall be given when actually delivered or forty-eight (48) hours after deposited in the United States Mail as certified mail addressed to the address set forth below or to such other address as may be specified from time to time by either of the parties in writing. ECSO: EMERGENCY COMMUNICATIONS OF SOUTHERN OREGON 400 Pech Road Central Point, OR 97502 USER: 15. Signators: Signators to the Contract shall be: a. For ECSO: An authorized representative of ECSO. b. For USER: An authorized representative of USER. IN WITNESS WHEREOF, the parties hereto execute this Contract. I i , ECSO USER CEO Board, Chairman (Signature) i I I Date (Print Name) ! l Date I APPROVED AS TO FORM: I Martial E. Henault, ECSO Legal Counsel Date 6 CITY OF ASHLAND Council Communication Intergovernmental Agreements with Emergency Communications of Southern Oregon to Provide Emergency Dispatch Se'rvices to Ashland' Meeting Date: June 28,2011 Primary Staff Contact: Terry Holderness Department: Police Department E-Mail: holdernet@ashland.oLus Secondary Dept.: Fire Department Secondary Contact: John Karns Approval: Martha Bennett Estimated Time: Consent Question: Does the Council wish to enter into an Intergovernmental Agreement with Emergency Cornmunications of Southern Oregon to provide Emergency Dispatch Services to Ashland? Staff Recommendation:---- Staff recommends that the Council authorize entering into an intergovernmental agreement with Emergency Communications of Southern Oregon top provide emergency dispatch services in Ashland. Background: The Police and Fire Departments presently contract with Emergency Communications of Southern Oregon (ECSO) for emergency dispatch services. All Jackson County emergel!cy services communications are consolidated into the Emergency Communications of Southern Oregon (ECSO). There is no viable option other then ECSO available to the City of Ashland for providing emergency dispatch services. The cost of emergency dispatch services or the Police Department for the 2011/2012 budget year is $337,800,02 and the cost for Ashland Fire and Rescue is $149,438.42. Related City Policies: None, Council Options: Approve the police and fire departments entering into intergovernmental agreements with ECSO to supply emergency dispatch services. iJ Potential Motions: Move to approve the police and fire departments entering into intergovernmental agreements with ECSO to supply emergency dispatch services, Attachments: Copy of the Emergency Communications of Southern Oregon Intergovernmental Agreement for supplying emergency dispatch services to the Ashland Police Department. Copy of the Emergency Communications of Southern Oregon Intergovernmental Agreement for supplying emergency dispatch services to Ashland Fire and Rescue, Page I of! r.l' City ,of Ashland, Oregon - Agendas And Minutes Citv of Ashland, Oreqon 1 Citv Council Tuesday, June 28, 2011 MINUTES FOR THE SPECIAL MEETING ASHLAND CITY COUNCIL June 28, 2011 Council Chambers 1175 E. Main Street CALL TO ORDER Mayor Stromberg called the meeting to order at 5:30 p.m. in the Civic Center Council chambers. ROLL CALL Councilor Slattery, Morris, Lemhouse, Voisin, Silbiger, and Chapman were pres"nt. Councilor Silbiger/Chapman mls to add to the agenda the following items: under PUBLIC HEARING: Will the Council hold a public hearing and approve the request for a noise variauce as allowed in AMC 9.80.170 ,for sounds resulting from Oregon Shakespeare Festival performances in Lithia Park? and under NEW & MISC BUSINESS: Will the Couucil approve the issuance of a City of Ashland license to the Oregou Shakespeare Festival Association for terminable exclusive use of a portion of Lithia Park for theatrical performances in temporary tent structures? Voice Vote: all AYES. Motion passed. SPECIAL PRESENTATIONS & AWARDS The Mayor's Proclamation of July 15,2011 as Oregon Child Development Coalition Day was read aloud. Mayor Stromberg noted the recent passing of Ric Sayre, shared his accomplishments and honored him with a moment of silence. CONSENT AGENDA 1. Will Council the minntes ofthe'Boards and Commission? 2. Does Council wish to enter into an Intergovernmental Agreement with Emergency Communications of Southern Oregon to provide emergency dispatch services' to Ashland? 3. Should Council approve a resolution titled, "A Resolution Transferring Appropriations Within the 2010-2011 Budget" to remain in compliance with Oregon Budget Law? 4. Does the Council wish to approve the collection agreement between the City of Ashland and the United States Forest Service to provide a watershed patrol during the summer fire season? Councilor Slattery/Morris mls to approve Consent Agenda items. Voice Vote: all AYES. Motion passed. PUBLIC HEARINGS 1. Will the Council hold a public hearing and approve the request for a variance from the City's noise ordinance, AMC 9.08.170, for sounds resulting from Oregon Shakespeare Festival performances in Lithia Park? Acting City Administrator Lee Tuneberg explained how the variance would support the theatrical performances in the park. Public Hearing Open: 5:40 p.m. Page 1 of3 ~~, CITY OF ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 (541) 488-5300 CITY RECORDER I Page 1/1 ,DATE 7/8/2011 '11" 'PO NUMBER', . 10278 VENDOR: 015371 EMERGENCY COMMUNICATIONS, OF SOUTHERI 400 PECH ROAD CENTRAL POINT, OR 97502 SHIP TO: City of Ashland - Police Dept. 1155 E MAIN STREET ASHLAND, OR 97520 FOB Point: Terms: Net Req. Del. Date: Speciallnst: Req. No.: Dept.: Contact: Gail RosenberQ Confirming? No I ';-QuantitV:::"-:(Uhlt ';:,.' - >,' ",; ..:'" ,,,' ".-' ;'" :DescriDtio'n" Annual 911 Dispatch Services Contract Ashland Police Departmerit , . . ."" '. ui'iiPiice: -; ExfPrice. "' 337,800.12 Emergency Communications of Southern Oregon Telecommunications Contract (ECSOl Term: July 1,2011 to June 3D, 2012, Approved by Council June 28, 2011 BILL TO: Account Payable 20 EAST MAIN ST 541-552-2028 ASHLAND, OR 97520 SUBTOTAL TAX FREIGHT TOTAL 337 800.12 0.00 0.00 337,800.12 ;"~;.Accoun(Number:>: ,",;~ Project Nlnnber, . , " ....:" 'Affic)'unt', Account Number ,,: Project'Number: ,- !~::J~ . ,,_., ,., ,- ,-."., .". l;:-", , :'l .., " ; ,,;~~I !Amount~I;,! ". .j;l'j E 1 10.06.09.00.60416 337 800.12 7/.. #~ ~~Si~!?:. VENDOR COPY FORM #3 CITY OF ASHLAND I , A reqLl8s: lor a Purchase Order REQUISITION I 06/30/11 Date of request: Required date for delivery: Vendor Name Address, City, state, Zip Contact Name & Telephone Number Fax Number Ernt:t.(gAnf"Y r.nmrmmi('~tinM t'lf ~nllth':'m ()r,:,gnn (~r.~n) 400 PP.r.h Rrl r.j:mtr;:Jr Point OR q7~O? Margie Pucken 541 7767?10 TOTAL COST, 0 Per attached QUOTE $ , ~;., " -,.. , .. " .. - "., .. '" ;;:,. 'j:-'<: :~ ....", SOLICITATION PROCESS o Exemot from Comoelitive Biddinq o Wrinen Findings (Form attached) o Quote or Pro sal attached o Small Procurement Less than $5.000 Note: Total contract amount, including any amendments may not exceed $6,000 lritermediate Procurement GOODS & SERVICES $5,000 to $100,000 o (3) Written quotes attached PERSONAL SERVICES $5,000 to $75,000 o Less than $35,000, by direct appointment o 3 Written proposals attached Description of SERVICES Annual 9-1-1 Dis atch Services Contract Item # Quantity Unit Project Number ______. ___ o Invitation to Bid (Copies on file) Date a roved b Council: o Emeroencv o Written findings attached o Quote or Pro osai attached CooDerative Procurement o State of Oregon Contract # State of Washington Contract # Other government agency contract Agency Contract # o Intergovernmental Agreement Agency Contract # Date approved by Councii: o Request for Prooosal (Copies on file) Date approved by Council: i!- /7__ _""" 0 rvI . e "" Sole Source , (!U-I</I'- o Wrillen Findings (Form atta ed) . '" f 0 IZI Qpnt....r-Pmpe.J@Lattached.?it?-';tv- ' ~~- . o Soecial Procurement o Written Findings (Form attached) o Quote or Proposal attached Oate a roved b Council: Total Cost , ,{~;'::;';;f';5" ,. " :$~~7;iliJP'~~? ., ' "'0"",' .."'\.";; "~... . ' . ,'f ,'" 1-' ':','. ", Description of MATERIALS Unit Price Total Cost Account Number 110.06.09.00.604160 Account Number ~ ~ ~ ~ --- -- -- -- ------ Account Number ___' __' __' __' ______ Account Number ___' __' __' __' ______ 'Expenditure must be charged to the appropriate account numbers for the financiats to reflect the actuat expenditures accurately, Affach extra pages if needed. By signing this requisftion to upon request. Employee Signat Additional signal Funds appropria Comments: ation p ovided above meets the City's public contracting requirements, and the documentation can be provided Department Head Signature: ')-.-/4-, Il-4~-7_ -' /~~~- Finance Director 7 "'(/ Date G: Finance\Procedure\AP\Fonns\Form #3 - Reauisition.doc Undated on: 613012011