Res 1709 - Mobile Data System
COUNCIL BILL NO. 2433
RESOLUTION NO. 1709
A RESOLUTION AQTHORIZING EXECUTION OF A MOBILE DATA SYSTEM
AGREEMENT BETWEEN THE CITY OF WOODBURN AND THE CITY OF
SILVERTON.
WHEREAS, it i$ 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 currently has an Agreement with the City of
Silverton to provide a Police Records Management System (RMS); and
WHEREAS, the City of Woodburn has the capability to also provide to the City of
Silverton a Mobile Data System; and
WHEREAS, the City of Silverton wants to enter into an Agreement with the City of
Woodburn to provide said system; NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. The Mayor is authorized to sign the Mobile Data System Agreement between
the City of Woodburn and the City of Silverton, a copy of which is affixed hereto as Attachment
"A" and, by this reference, incorporated herein.
Approved as to forrn:cn.~ ~ 1- 2'-1 - 2 0 0 S
City Attorney
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
January
January
January
Filed in the Office of th~ Recorder
January 29, 2003
ATTEST: ~~
Mary Te aJ!lt CIty Recorder
City ofWoo~burn, Oregon
Page 1 - Council Bill No. 2433
Resolution No. 1709
1 ·
I 111'
n I
Agreement
Mobile Data System
This Agreement is made to engage the services of City of Woodburn to provide a Mobile Data
System to the City of Silverton; 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 Servic~
A. City of Woodburn shall maintain a Mobile Data System for the City of Silverton.
The system shall provide a user generated law enforcement records data base and
provide Silverton Police Department message switching to the Oregon Law
Enforcement Data System (LEDS).
B. City of Silverton 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 Mobile Data System. All ownership rights to said equipment shall
remain with the City of Silverton.
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 of backup and archival data
storage media according to Woodburn Police Department standard
procedures, and access of Mobile Data System and LEDS message
switching facilities; all of which is subject to reasonable downtime for
routine maintenance, support, and emergency repairs.
11. Current manuals and other necessary documentation, protocols, and
procedures will be provided.
111. City of Woodburn upon request, but no more than once a month, meet
with City of Silverton and participate in a records management user group.
IV. Ownership of all records information entered into the Mobile Data System
by Silverton Police Department shall remain with Silverton Police
D~partment.
Page 1 of 4 - Mobile Data System Agreement
I ","OIl
.,., r
2. Fees and Charges
A. Fe~s and charges for the police Mobile Data System shall be based on a
pet capita pricing model. Fees and charges are reflected in Addendum "A"
of it his Agreement
B. The City of Silverton will be offered new records management modules as
th~y 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 Silverton 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 Mobile Data System. 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
Silverton 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
police Mobile Data System 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 Silverton Mobile Data System through individual
members of Silverton Police except to allow access to the Mobile Data
System 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 Silverton Mobile Data System
Page 2 of 4 - Mobile Data System Agreement
T ·
111"
T'l r
who has used appropriate passwords and procedures to gain access to the
system.
D. Silverton Police Department shall be exclusively responsible for the
protection and security of terminal equipment located in their facility or
vehicles.
5. Limitations of Liability
A. City of Woodburn assumes no liability for the accuracy of any data
entered by Silverton Police Department in the Mobile Data System, 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 Silverton 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 Mobile Data
System and caused by any condition or circumstance for which liability is
expressly disclaimed or limited by City of Woodburn under any provision
of this 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 ofSilverton 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.
6. Terms and Termination
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 Silverton upon written
notice given not later than March I of each year.
Page 3 of 4 - Mobile Data System Agreement
T ,
, 11'.
lIT I
C. Notwithstanding the giving of notice of termination as provided herein,
City of Silverton 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 Silverton.
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.
CITY OF WOODBURN
CITY OF SIL VERTON
By:
Kathryn Figley, Mayor
By:
Title:
Date:
Date:
Page 4 of 4 - Mobile Data System Agreement
r
~ .
lIT I