Res 1964 - Police Records Management Agreement - HubbardCOUNCIL BILL NO. 2823
RESOLUTION NO. 1964
A RESOLUTION AUTHORIZING EXECUTION OF A POLICE RECORDS MANAGEMENT AND
MOBILE DATA SYSTEM AGREEMENT BETWEEN THE CITY OF WOODBURN AND THE CITY
OF HUBBARD
WHEREAS, it is mutually beneficial for public agencies to supplement,
coordinate, and support one another; and
WHEREAS, the community welfare is best preserved through such
supplemental support; and
WHEREAS, Oregon Revised Statutes, Chapter 190 authorizes
intergovernmental agreements for cooperation services; and
WHEREAS, the City of Woodburn previously executed an Agreement with the
City of Hubbard to provide a Police Records Management System (RMS); and
WHEREAS, the City of Woodburn previously executed an Agreement to
provide to the City of Hubbard a Mobile Data System; and
WHEREAS, both cities want to continue their cooperative relationship by
entering into an updated Police Records Management System and Mobile Data
System Agreement; NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. The Mayor is authorized to sign the Police Records Management
System and Mobile Data System Agreement between the City of Woodburn and
the City of Hubbard, a copy of which is affixed hereto as Attachment "A" and, by
this reference, incorporated herein.
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Approved as to form:
City Attorneys Dat
Approvd:
\ Kathr n Figley, a or
Page 1 - COUNCIL BILL NO. 2823
RESOLUTION NO. 1964
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
Christina Shear
City of Woodburn,
Page 2 - COUNCIL BILL NO. 2823
RESOLUTION NO. 1964
Cit Recorder
reaon
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/D
ANa
ATTACHMENT
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Agreement
Police Records Management System and
Mobile Data System
This Agreement is made to engage the services of City of Woodburn to provide a Police Records
Management System (RMS) and a Mobile Data System (MDS) to the City of Hubbard; and is
made under the authority and in consideration of the provisions of ORS 190.003 to 190.110.
In consideration of mutual benefits and obligations herein set forth, the parties agree as follows:
A. Scope of Services
City of Woodburn shall maintain a police records management system (RMS) for
the City of Hubbard. The system shall provide a user generated law enforcement
records data base and provide Hubbard Police Department message switching to
the Oregon Law Enforcement Data System (LEDS).
2. City of Woodburn shall maintain a police Mobile Data System for the City of
Hubbard. The system shall provide a user generated law enforcement mobile data
system and provide Hubbard Police Department message switching to the Oregon
Law Enforcement Data System (LEDS).
City of Hubbard shall provide and maintain desk top computers, printers,
controllers, mobile data computers, all required desktop and mobile software, all
telecommunication lines and related equipment, and any other equipment for
access to the RMS, and any other equipment for access to the Mobile Data System
and Message Switch. All ownership rights to said equipment shall remain with the
City of Hubbard.
4. The following standard data processing services shall be provided:
4.1 Full time (24 hour, 7 days a week) operation and support for AS400
computer and software, and maintenance of backup and archival data
storage media according to Woodburn Police Department standard
procedures, and access of RMS and LEDS message switching facilities; all
of which is subject to reasonable downtime for routine maintenance,
support, and emergency repairs.
4.2 Record information entered into the RMS shall be retained on line for a
minimum of five years unless altered or deleted by Hubbard Police
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Department or ordered to be altered, sealed, or deleted by a court of
competent jurisdiction.
4.3 Current manuals and other necessary documentation, protocols, and
procedures will be provided.
4.4 City of Woodburn upon request, but no more than once a month, meet
with City of Hubbard and participate in a records management user group.
4.5 Ownership of all records information entered into the RMS by Hubbard
Police Department shall remain with Hubbard Police Department. Once a
year, and/or at the termination of this Agreement, all of Hubbard's records
entered into the RMS shall be saved to a tape cartridge and provided to the
Hubbard Police Department at no cost.
5. In addition to the standard data processing services as agreed to in the primary
Agreement the following standard data processing services shall be provided:
5.1 Full time (24 hour, 7 days a week) operation and support for Message
Switch and software, and maintenance of backup and archival data storage
media according to Woodburn Police Department standard procedures,
and access of RMS and LEDS message switching facilities; all of which is
subject to reasonable downtime for routine maintenance, support, and
emergency repairs.
5.2 Current manuals and other necessary documentation, protocols, and
procedures will be provided.
5.3 Ownership of all records information entered into the system by Hubbard
Police Department shall remain with Hubbard Police Department.
B. Fees and Charges
1. Fees and charges for the police RMS and Mobile Data System shall be
based on a per capita pricing model. Fees and charges are reflected in
Addendum "A" of this Agreement.
2. When a new user is added to the police RMS and Mobile Data System,
fees and charges shall be recalculated using the per capita pricing model.
The recalculated fees and charges shall go into effect within 30 days of
completed installation.
The City of Hubbard will be offered new records management and/or
Mobile Data System modules as they become available and agreed to be
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purchased by the City of Woodburn. Fees and charges for the new
modules will be based on the current users per capita pricing model.
Unless otherwise agreed upon, new modules shall be paid within 45 days
after delivery of the software.
4. If the parties do not agree as to the need for a new records management or
Mobile Data module(s) the City of Hubbard may elect to purchase the new
records management module(s) for it's own use as long as the module(s)
has no detrimental effect on the operation of the overall RMS. The City of
Woodburn shall have no responsibility or obligation with respect to the
purchase of this module(s).
5. The parties agree to renegotiate fees beginning in November 2013
C. Billing and Payment
The annual charges and fees shall be due in equal quarterly installments
commencing July 1, 2010.
2. Fees and charges for new records management modules shall be due 30
days after installation is completed.
D. Security
City of Woodburn shall provide adequate system and data security for
police RMS and Mobile Data in accordance with requirements of Oregon
Law Enforcement Data System (LEDS) and the U.S. Department of
Justice National Crime Information Center (NCIC).
2. City of Woodburn shall have no responsibility or obligation with respect
to access to the Hubbard RMS and/or the Mobile Data System through
individual members of Hubbard Police except to allow access to the
RMS/Mobile Data System only upon use of passwords and procedures
adopted in accordance with provisions herein.
3. City of Woodburn shall have no responsibility or obligation to verify the
identity or authority of any person using the Hubbard RMS/Mobile Data
System who has used appropriate passwords and procedures to gain access
to the system.
4. Hubbard Police Department shall be exclusively responsible for the
content of any messages sent from their terminals and using the
RMS/Mobile Data System as a medium.
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5. Hubbard Police Department shall be exclusively responsible for the
protection and security of terminal equipment located in their facility.
E. Limitations of Liability/Indemnification
City of Woodburn assumes no liability for the accuracy of any data entered
by the Hubbard Police Department in the RMS/Mobile Data System, nor
errors in data transmission over an internet system or telephone lines. City
of Woodburn represents and warrants only that it will use its best efforts to
maintain a database of information exactly as entered, modified, or deleted
by those data entry signals which reach its modem.
2. Each Party shall indemnify and hold harmless the other Party, its officers,
agents and employees, from and against any and all claims, actions, causes
of action, demands, or liabilities of whatsoever kind and nature, including
judgments, interest, reasonable attorneys' fees, and all other costs, fees,
expenses, and charges (collectively, "Claims") to the extent that such
Claims arise out of or were caused by the negligence, gross negligence, or
willful misconduct of the indemnifying Party or from any breach of this
Agreement by the indemnifying Party.
F. Terms and Termination
This Agreement shall be effective upon execution hereof on behalf of both
parties, and shall continue until terminated as provided herein.
2. This Agreement may be terminated by City of Hubbard upon written
notice given not later than March 1 of each year.
Notwithstanding the giving of notice of termination as provided, City of
Hubbard shall remain obligated with respect to any unfulfilled financial
obligation which accrued hereunder prior to the effective date of such
termination.
G. Communication and Notice
1. Any notice in writing required to be given hereunder shall be sufficient if
sent by regular mail or personally delivered to the Chief of Police, City of
Woodburn; and to the Chief of Police, City of Hubbard.
2. Each party shall designate, and may change from time to time, a
representative for cormnunication, negotiations, and general liaison with
the other concerning the content, future, and administration of this
Agreement. No such designated representative shall be held an agent or
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attorney-in-fact having authority to bind either party.
H. Attorney Fees
In the event it is necessary for either party to bring an action in the courts
of the State of Oregon to enforce any rights under this Agreement, the non -
prevailing party shall pay to the prevailing party its reasonable attorney
fees at trial or on appeal in a sum determined by the court.
H. Amendments
This Agreement represents the complete and integrated Agreement
between the parties with respect to the subject matter hereof, and may be
amended only by written amendment executed by both parties. As such,
this Agreement cancels and supersedes all prior written and oral
Agreements, representations, negotiations, and communications between
the parties and their representatives with respect to the subject matter
hereof.
IN WITNESS WHEREOF the parties have caused the Agreement to be executed on
behalf by their duly authorized representatives as of the dates set forth below.
City of Woodburn
Kathryn Figley, Mayor
Date:
Tit]
Dal
City of Hubbard
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