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Res 1710 - Mt Angel Records Mgn COUNCIL BILL NO. 2434 RESOLUTION NO. 1710 A RESOLUTION AUTHORIZING EXECUTION OF A POLICE RECORDS MANAGEMENT SYStEM AGREEMENT BETWEEN THE CITY OF WOODBURN AND THE CITY OF MT. ANGEL. 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 Mt. Angel, a copy of which is affixed hereto as Attachment "A" and, by this reference, incorporated herein. n/)(")~ I 1.. J - 'Zoo ~ Approved as to form:. I /. -, (J - City Attorney Passed by the Council January Submitted to the Mayor January 28. 2003 January 29. 2003 Approved by the Mayor Filed in the Office of the Recorder January 29. 2003 ~ ATTEST: ~ I Mary Te ant CIty Recorder City of Woodburn, Oregon Page 1 - Council Bill No. 2434 Resolution No. 1710 1 ~ I j or TI! I I J\greennept 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 M1. Angel; and is made under the authority and in consideration of the provjisions ofORS Chapter 190. In consideration ofmutufl benefits and obligations herein set forth, the parties agree as follows: 1. Scope of Service~ A. City of Woodburn shall maintain a police records management system (RMS) for the City i of M1. Angel. The system shall provide a user generated law enforcement records data base and provide M1. Angel Police Department message switching to the Oregon Law Enforcement Data System (LEDS). B. City of M1. Angel shall provide and maintain desk top computers, printers, controlle$, 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 1\11. Angel. 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 cqmputer and software, and maintenance of backup and archival data stprage 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 Mt. Angel Police Department or ordered to be altered, sealed, or deleted by a court of competent jurisdiction. 111. 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 Mt. Angel and participate in a records management user group. Page 1 of 5 - Police RMS Agreement I T" '" 'I" v. OVfnership of all records information entered into the RMS by Mt. Angel Police Department shall remain with Mt. Angel Police Department. Once a year, and/or at the termination of this Agreement, all of the City of Mt. Angel's records entered into the RMS shall be saved to a tape cartridge and provided by the City of Woodburn to the Mt. Angel 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 Mt. Angel 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 cutrent users per capita pricing model. Unless otherwise agreed upon, new modules shall be paid within 45 days after delivery of the software. D. If the parties do not agree as to the need for a new records management module(s) the City of Mt. Angel 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). E. 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 Mt. Angel 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 RMS in accordance with the requirements of the Oregon Law Page 2 of 5 - Police RMS Agreement r . t 1. 11 r 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 Mt. Angel RMS through individual members of Mt. Angel Police except to allow access to the RMS only upon use of passwords and procedures adopted in accordance with provisions of 4A. C. City of Woodburn shall have no responsibility or obligation to verify the identity or authority of any person using the Mt. Angel RMS who has used appropriate passwords and procedures to gain access to the system. D. Mt. Angel 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 Mt. Angel 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 Mt. Angel 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 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 of Mt. Angel 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 0_ ..~~ ...._o._---_-......-.-.~.-- ...,... ... , f.. lIT j 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 Mt. Angel 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 Mt. Angel 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 ofMt. Angel. 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. Page 4 of 5 - Police RMS Agreement - I Tor T'l 1r 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 MT. ANGEL By: By: Kathryn Figley, Mayor Title: Date: Date: Page 5 of 5 - Police RMS Agreement t · ,..... " wr