INTERGOVERNMENTAL AGREEMENT
This agreement for services (Agreement) is between the Bureau of Police, City of Portland, Oregon (Provider), 1111 SW Second Avenue, Portland, Oregon 97204, and the (Receiver) Washington County.
RECITALS:
The Provider and the Receiver desire to enter into this agreement by the terms of which the Provider, through its Bureau of Police, will provide access to its Portland Police Data System (PPDS), a law enforcement information system, to the Receiver, on the terms set forth in this agreement.
AGREEMENT:
1. SCOPE OF PROVIDER SERVICES
a. Provide access via networked PC computers for inquiry and full entry into the computerized data base files of the PPDS system.
b. Provide the necessary programs, access, and data storage so that (Receiver) cases and related information can be entered into PPDS files.
c. Produce standard PPDS reports for (Receiver) data; and other reports as mutually agreed.
d. Provide standard Oregon Uniform Crime Reporting (OUCR) data for (Receiver) cases to the State of Oregon LEDS/OUCR.
e. Provide access via networked PC computers to related criminal justice services as mutually agreed.
f. Provide manuals and training to Receiver staff regarding procedures for access to PPDS information.
g. Perform services related to PPDS access such as liaison with vendors for maintenance service calls, etc.
h. Provide ability to "publish" specific data for replication to a Washington County server.
2. SCOPE OF RECEIVER RESPONSIBILITY
a. The Receiver agrees that all its personnel will perform only those PPDS functions authorized, and that it, or its personnel, will not attempt any programming, program modifications, or similar activities within the PPDS system unless specifically authorized in writing by the Portland Police Bureau.
b. The Receiver agency agrees, pursuant to the directions of the State of Oregon Law Enforcement Data System (LEDS) and Part IV of the National Crime Information Center (NCIC) Computerized Criminal History, Program Concepts and Policy that the Portland Police Bureau shall establish policy and exercise management control over all operations of the PPDS system.
c. In the event of violation of the provisions of this agreement, or violation of the security policy by personnel of the Receiver, the Provider shall have the authority to restrict or prohibit access to the PPDS system by the Receiver agency terminals until resolution of the problem to the satisfaction of the Provider. The Receiver shall be notified in writing of such action, given 30 days in which to cure the violation before access is restricted or prohibited, and there shall be no charge for access during any time that access is prohibited.
d. The Receiver agency shall perform data entry of its data into PPDS and shall conform to the standards and procedures established by the Provider regarding such data entry.
3. COMPENSATION
The Receiver, as a full entry user of PPDS, shall pay to the Provider the amount as set out in Exhibit A: Schedule of Costs. Cost of services shall be reviewed annually, with adjustments made effective July 1. Receiver shall be notified of adjustments of 10% or less with at least 90 days advance notice, while increases greater than 10% will be made with at least 7 months advance notice and be accompanied with documentation supporting the need for the increase.
4. BILLING AND PAYMENT PROCEDURE
The Provider shall invoice the Receiver quarterly. The Receiver shall submit payment within 30 days of receipt of the invoice from the Provider.
5. EFFECTIVE DATE
This agreement shall be effective as of July 1, 2002 and shall terminate upon proper notice by the parties as provided in this agreement.
6. PROVIDER CONTACT PERSON
For information concerning PPDS services provided under this Agreement, contact should be made with Bill Wesslund, Data Processing Division, Bureau of Police, 1111 SW Second Avenue, Room 1156, Portland, Oregon 97204, 503-823-0300.
7. RECEIVER CONTACT PERSON
For information concerning PPDS usage by the Receiver, contact should be made with Robert Beeks, Washington County Information Services (503-846-8096),
8. NOTICE
Any notice provided for under this agreement shall be sufficient if in writing and delivered personally to the following addressee or deposited in the United States Mail, postage prepaid, certified mail, return receipt requested, addressed as follows, or to such other address as the receiving party hereafter shall specify in writing:
If to the Provider: Rita Drake
Bureau of Police
Fiscal Services
1111 SW Second Avenue, Room 1202
Portland, Oregon 97204-3232
If to the Receiver: Robert Beeks
Washington County
Information Services
155 N. First Ave, MS#1
Hillsboro, Oregon 97124-3072
9. AMENDMENTS
The Provider and the Receiver may amend this agreement at any time only by written amendment executed by the Provider and the Receiver. Any change in Number 1, SCOPE OF PROVIDER SERVICES, or in EXHIBIT A, SCHEDULE OF CHARGES, shall be deemed an amendment subject to this section.
10. TERMINATION OF AGREEMENT
Receiver may withdraw and cancel this agreement by providing 60 days advance notice to provider. Either party may terminate this agreement for default upon 60 days notice, provided that party gives the other a 30-day period in which to cure the default. Provider may terminate this agreement for other than default with 18 months advance notice.
11. COMPLIANCE WITH LAWS
In connection with its activities under this agreement, the Provider shall comply with all applicable federal, state, and local laws and regulations.
Specifically, the Receiver agrees to comply with the PPDS Security Policy (Exhibit B) with regard to security and privacy regulations affecting usage and dissemination of criminal history and investigative information.
12. OREGON LAW AND FORUM
a. This agreement shall be construed according to the law of the State of Oregon.
b. Any litigation between Receiver and the Provider arising under this agreement or out of work performed under this agreement shall occur, if in the state courts, in the Multnomah County Court having jurisdiction thereof, and if in the federal courts, in the United States court for the District of Oregon.
13. INDEMNIFICATION
Subject to the limitations of liability for public bodies set forth in the Oregon Tort Claims Act, ORS 30.260 to 30.300, and the Oregon Constitution, each party agrees to hold harmless, defend, and indemnify each other, including its officers, agents, and employees, against all claims, demands, actions and suits (including all attorney fees and costs) arising from the indemnitor’s performance of this Agreement where the loss or claim is attributable to the negligent acts or omissions of that party.
14. NOTICE OF CLAIM
Each party shall give the other immediate written notice of any action or suit filed or any claim made against that party which may result in litigation in any way related to this Agreement.
15. INSURANCE
Each party agrees to maintain insurance levels, or self-insurance in accordance with ORS 30.282, for the duration of this Agreement at levels necessary to protect against public body liability as specified in ORS 30.270.
16. DEBT LIMITATION
This Agreement is expressly subject to the debt limitation of Oregon Counties set forth in Article XI, Section 10 of the Oregon Constitution, and is contingent upon funds being appropriated therefore.
17. ASSIGNMENT
The Provider shall not assign or transfer this agreement, in whole or in part, or any right or obligation hereunder, without the prior written approval of Receiver.
18. ARBITRATION
a. Any dispute under this agreement which is not settled by mutual agreement of Receiver and the Provider within sixty (60) days of notification in writing by either party shall be submitted to an arbitration panel. The panel shall be composed of three (3) persons, one of whom shall be appointed by the Provider, one of whom shall be appointed by the Receiver, and one of whom shall be appointed by the two arbitrators appointed by the Receiver and the Provider. In the event the two cannot agree on the third arbitrator, then the third shall be appointed by the Presiding Judge (Civil) of the Circuit court of the State of Oregon for the County of Multnomah. The arbitrators shall be selected within thirty (30) days of the expiration of the sixty (60) days period. The arbitration shall be conducted in Portland, Oregon, and shall be as speedy as reasonably possible. Receiver and the Provider shall agree on the rules governing the arbitration (including appropriation of costs), or, if Receiver and the Provider cannot agree on the rules, the arbitrators shall adopt rules consistent with this section. The arbitrators shall render their decision within forty-five (45) days of their first meeting with Receiver and the Provider. Insofar as Receiver and the Provider legally may do so, they shall be bound by the decision of the panel.
b. Notwithstanding any dispute under this agreement, whether before or during arbitration, the Provider shall continue to perform its work pending resolution of the dispute and Receiver shall make payments as required by the agreement for undisputed portions of the work.
19. INDEPENDENT CONTRACTOR
Except for the Provider’s identified procedures for entering data into PPDS data files that Receiver is required to follow and adhere to, for the general purposes of this intergovernmental agreement, each party shall be considered an independent contractor with regard each other party(s) and agrees that the performing party has no control over the work and the manner in which it is performed. No party is an agent or employee of any other. No party or its employees is entitled to participate in a pension plan, insurance, bonus, or similar benefits provided by any other party.
20. INTEGRATION
This agreement contains the entire agreement between Receiver and the Provider and supersedes all prior written or oral discussions or agreements.
PROVIDER: City of Portland RECEIVER, Washington County
By: By:
Name: Vera Katz Name:
Title: Mayor Title:
Date: Date:
By: By:
Name: Gary Blackmer Name:
Title: Auditor Title:
Date: Date:
APPROVED AS TO FORM: APPROVED AS TO FORM:
City Attorney, City of Portland
Date: Date: