Res 1695 - Hubbard Records Mgmt
COUNCIL BILL NO. 2412
RESOLUTION NO. 1695
A RESOLUTION AUTHORIZING EXECUTION OF A POLICE RECORDS
MANAGEMENT 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; NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. The Mayor is authorized to sign the Police Records Management 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.
Approved as to formm.~ /3.0 ~ - ?. / - Z t!) 0 '2-
N. Robert Shields, City Attorney Date
APproved~~ -
Passed by the Council August 26, 2002
Submitted to the Mayor AUQust 26, 2002
Approved by the Mayor August 26, 2002
Filed in the Office of the Recorder August 26, 2002
ATTEST: I'l~ ~.s&-
Mary Ten nt, City Recorder
City of Woodburn, Oregon.
Page 1 - COUNCIL BILL NO. 2412
RESOLUTION NO. 1695
ATTACHMENT A =
Agreement Page --'- of 5
Police Records Management System
This Agreement is made to engage the services of City of Woodburn to provide a Police Records
Management System (RMS) to the City of Hubbard; and is made under the authority and in
consideration of the provisions ofORS Chapter 190.
In consideration of mutual benefits and obligations herein set forth, the parties agree as follows:
1. Scope of Services
A. 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).
B. 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. All ownership rights to said equipment shall remain with the
City of Hubbard.
C. The following standard data processing services shall be provided by the City of
Woodburn:
1. Full time (24 hour, 7 days a week) operation and support for AS400
computer and software, and maintenance ofbaclrup 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.
11. Record information entered into the RMS shall be retained on line for a
minimum of five years unless altered or deleted by Hubbard Police
Department or ordered to be altered, sealed, or deleted by a court of
competent jurisdiction.
lll. Current manuals and other necessary documentation, protocols, and
procedures will be provided.
IV. 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.
Page 1 of 5 - Police RMS Agreement
ATTACHMENT A
Page"'&- of 5
v. 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 the City of
Hubbard's records entered into the RMS shall be saved to a tape cartridge
and provided by the City of Woodburn to the Hubbard Police Department
at no cost.
2. Fees and Charges
A. Fees and charges for the police RMS shall be based on a per capita pricing
model. Fees and charges are reflected in Addendum "A" of this
Agreement
B. When a new user is added to the police RMS, 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.
C. The City of Hubbard will be offered new records management modules as
they become available and agreed to be 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.
C. If the parties do not agree as to the need for a new records management
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).
D. Fees and charges for future years shall be based on actual cost using the
per capita pricing model.
3. Billing and Payment
A. The annual charges and fees shall be due and payable from the City of
Hubbard to the City of Woodburn in equal quarterly installments
commencing January 1, 2003.
B. Fees and charges for new records management modules shall be due
within 30 days after installation is completed.
4. Security
A. City of Woodburn shall provide adequate system and data security for
Page 2 of 5 - Police RMS Agreement
ATTACHMENT A
Page ~ of ..5
police RMS in accordance with the requirements of the Oregon Law
Enforcement Data System (LEDS) and the U.S. Department of Justice
National Crime Information Center (NCIC).
B. City of Woodburn shall have no responsibility or obligation with respect
to access to the Hubbard RMS through individual members of Hubbard
Police except to allow access to the RMS only upon use of passwords and
procedures adopted in accordance with provisions of 4.1.
C. City of Woodburn shall have no responsibility or obligation to verify the
identity or authority of any person using the Hubbard RMS who has used
appropriate passwords and procedures to gain access to the system.
D. Hubbard Police Department shall be exclusively responsible for the
protection and security of terminal equipment located in their facility.
5. Limitations of Liability
A. City of Woodburn assumes no liability for the accuracy of any data
entered by Hubbard Police Department in the RMS, nor any errors in data
transmission. City of Woodburn represents and warrants only that it will
use its best efforts to maintain an accurate database of information as
entered, modified, or deleted by data entry users.
B. City of Hubbard agrees, to the extent it may under the Constitution and
laws of Oregon, to indemnify, defend, and save harmless the City of
Woodburn, its officers, employees, and agents from and against any claim
or demand arising out of or in connection with any act, error or omission
of any person for those acts such user may be responsible under ORS
30.265, or out of connection with such user's use of the RMS and caused
by any condition or circumstance for which liability is expressly
disclaimed or limited by City of Woodburn under any provision ofthis
Agreement, to the extent of such disclaimer or limitation.
C. City of Woodburn agrees, to the extent it may under the Constitution and
laws of Oregon, to indemnify, defend, and save City of Hubbard harmless
from any and all claims arising out of the acts, errors or omissions of City
of Woodburn or those for whose acts may be held liable under ORS
30.265, save and except any claim for which City of Woodburn has
expressly disclaimed or limited its liability hereunder, to the extent of
such disclaimer or limitation; and further provided that with respect to any
single claim or occurrence, City of Woodburn liability arising out of
contribution or indemnity shall not exceed the limits provided by ORS
30.270, if applicable to the asserted claim.
Page 3 of 5 - Police RMS Agreement
6. Terms and Termination ATTAC~ENT ;!.
Plge. of "'I
A. This Agreement shall be effective upon execution hereof on behalf of both
parties, and shall continue until terminated as provided herein.
B. This Agreement may be terminated by City of Hubbard upon written
notice given not later than March I of each year.
C. Notwithstanding the giving of notice of termination as provided herein,
City of Hubbard shall remain obligated with respect to any unfulfilled
financial obligation which accrued hereunder prior to the effective date of
such termination.
7. Communication and Notice
A. 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.
B. Each party shall designate, and may change from time to time, a
representative for communication, 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
attorney-in-fact having authority to bind either party.
8. Attorney Fees
A. 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.
9. Amendments
A. 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.
Page 4 of 5 - Police RMS Agreement
CITY OF WOODBURN
By:
Richard Jennings, Mayor
Date:
Page 5 of 5 - Police RMS Agreement
ATTAC~~ENT A
Page of 5
CITY OF HUBBARD
By:
Title:
Police Records Management System
Cost Projection - Police Records Management & Mobile and Field Reporting System
Total 5-Year Cost
City
Woodburn Cost Alone
Hubbard Cost (W+H)
Silverton Cost (W+H+S)
Mt Angel Cost (W+H+S+MtA)
PopulationlThousands Per Capita Cost
20.1 $11,318
2.483 $10,074
7.414 $7,584
3.121 $6,869
Cost to Hubbard - Records Management System Only
As only partner
With Silverton Participating
With Silverton & Mt Angel Participating
22.583
29.997
33.118
$10,074
$7,584
$6,869
Cost to Silverton - Records Management System Only
Partnered with Woodburn & Hubbard
With Silverton & Mt Angel Participating
29.997
33.118
$7,584
$6,869
Cost to Mt Angel - Records Management System Only
Partnered with Woodburn, Hubbard & Silverton
33.118
$6,869
Total Cost
Total5-Year Cost
$227,495
$25,013
$56,227
$21,439
$25,013
$18,831
$17,056
$56,227
$50,928
$21,439
Addendum A
$227,495
$227,495
Annual Cost
$45,499
$5,003
$11,245
$4,288
$5,003
$3,766
$3,411
$11,245
$10,186
$4,288