INTERGOVERNMENTAL AGREEMENT
This Agreement for services is between the Bureau of Police, City of Portland, Oregon, hereinafter called Provider, located at 1111 SW Second Avenue, Portland, Oregon, 97204, and the State of Oregon, Employment Department for its Hearing Officer Panel, Transportation Section, hereinafter called Receiver, located at 1905 Lana Avenue NE, Salem, Oregon, 97314.
RECITALS:
The Provider and the Receiver 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
Provide access via computer terminal for inquiry only into the computerized data base files of the PPDS system.
2. SCOPE OF RECEIVER RESPONSIBILITY
a. The Receiver agrees that all its personnel will perform only those PPDS functions authorized. The following are the basic inquiry only PPDS functions authorized.
1. PPDS-PF1 COURT COORDINATOR
2. PPDS-PF2 VEHICLE SUBSYSTEM
3. PPDS-PF3 CASE SUBSYSTEM
4. PPDS-PF4 DAILY LOGS
5. PPDS-PF5 ADDRESS SUBSYSTEM
6. PPDS-PF6 TAC INQUIRY
7. PPDS-PF7 TELEPHONE NBR INQUIRY
8. PPDS-PF9 PROPERTY ROOM
9. PPDS-PF10 PERSONS SUBSYSTEM
10. PPDS-PF13 GUN SEARCH GUN
11. PPDS-PF14 DETECTIVE
12. PPDS-PF15 CAD INQUIRY MENU
13. PPDS-PF16 DRUG COMPLAINT MENU
14. PPDS-PF20 I & R
15. PPDS-PF22 COMBAT AUTO THEFT
16. PWN005 PAWN SUBSYSTEM
The Receiver or its personnel, will not attempt any programming, program
modifications, or similar activities within the PPDS system unless authorized prior
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 (Exhibit B), 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, delivered by hand or by certified mail.
3. COMPENSATION
The Receiver, as an "inquiry only" user of PPDS shall not be charged a fee for access to PPDS for a period of twelve (12) months beginning July 1, 2002. Prior to July 1, 2003, an evaluation will be completed to determine possible appropriate fees for access related to the level of service the Hearing Officer Panel receives from the Portland Police Data System. Once determined, either a new Agreement or an amendment will be issued.
4. EFFECTIVE AND TERMINATION DATES
a) This agreement shall be effective as of July 1, 2002, and shall terminate, unless extended, amended or modified, through June 30, 2003. This Contract may be terminated at any time by mutual written consent of the parties.
b) Provider’s Agency's Right To Terminate for Convenience. Provider may, at its sole discretion, terminate this Contract, in whole or in part, upon thirty (30) consecutive calendar days written notice to Contractor, delivered in person or by certified mail.
c) Receiver’s Right to Terminate for Cause. Receiver may terminate this Contract, in whole or in part, immediately upon notice to Provider, or at such later date as Receiver may establish in such notice if federal or state laws, regulations or guidelines are modified or interpreted in such a way that the Work under this Agreement is prohibited.
5. 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.
6. RECEIVER CONTACT PERSON
For information concerning PPDS usage by the Receiver, contact should be made with Jon Debban, Operations Manager, Transportation Section, Employment Department/Hearing Officer Panel, 1905 Lana Avenue NE, Salem, Oregon 97314. (503) 945-5546.
7. NOTICE
Any notice provided for under this Agreement shall be sufficient if in writing and delivered personally to the following address 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 1406
Portland, Oregon 97204-3232
(503) 823-0032; Fax (503) 823-0975
If to the Receiver: Jon Debban
Operations Manager/Transportation Section
ED/Hearing Officer Panel
1905 Lana Avenue NE
Salem, Oregon 97314
(503) 945-5546; Fax (503) 945-5521
8. 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 Number 2. SCOPE OF RECEIVER RESPONSIBLITY shall be deemed an amendment subject to this section.
9. 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 with regard to security and privacy regulations (see Exhibit B) affecting usage and dissemination of criminal history and investigative information.
10. GOVERNING LAW
This Agreement shall be construed according to the law of the State of Oregon.
11. INDEMNIFICATION
Subject to the limits of the Oregon Constitution, Article XI, Sections 7 and 10, and the Oregon Tort Claims Act, each party (Indemnitor) agrees to indemnify, defend and hold harmless the other party (Indemnitee) and the officers, agents and employees of Indemnitee, from and against all claims, actions, damages, losses, and expenses including (but not limited to) attorneys fees, resulting from or arising out of the Indemnitor’s actions in performance of this agreement.
12. ASSIGNMENT
The Provider shall not assign this agreement, in whole or in part, or any right or obligation hereunder, without the prior written approval of Receiver.
13. 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: STATE of OREGON Acting By its Employment Department for its Hearing Officer Panel
By: By: _______________________
Name: Vera Katz Name: ___Deborah Lincoln______
Title: Mayor Title: ___Director_____________
Date: Date: _______________________
By: By: _______________________
Name: Gary Blackmer Name: Thomas E. Ewing_________
Title: Auditor Title: Chief Hearing Officer_______
Date: Date:__________________
APPROVED AS TO FORM:
_______________________________
City Attorney, City of Portland
Date: __________________________
EXHIBIT A
Schedule of Costs for State of Oregon, Employment Department for its Hearing Officer Panel
On-Going Costs
On-going access fees for the Hearing Officer Panel have been waived for a period of twelve (12) months.
Services Included
Inquiry access to the Court Coordinator Subsystem of PPDS for up to ten (10) devices. This access currently includes Portland Police Bureau, Gresham Police Department (PD) and Multnomah County Sheriff.
EXHIBIT B
Portland Police Data System
Security Policy
I. PURPOSE
It is the purpose of this policy to assure that criminal history information, wherever it appears is collected, stored, accessed, and disseminated in a manner to insure the completeness, integrity, accuracy, and security of such information, and to protect individual privacy.
II. DEFINITION OF TERMS
As used in this statement of policy:
Access means the authority to review or receive information from files, records, and information systems, whether manual or automated.
Criminal history record information means information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, information, or other formal criminal charges and any dispositions arising therefrom, including sentencing, correctional supervision, and release. The term does not include identification information such as fingerprint records to the extent that such information does not indicate involvement of the individual in the criminal justice system.
Criminal justice administration means the performance of any of the following activities: detection, apprehension, detention, pre-trial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. The administration of criminal justice shall include criminal identification activities and the collection, storage, and dissemination of criminal history record information.
Criminal justice information means information collected by criminal justice agencies that is needed for their legally authorized and required functions. This is the broadest information term and includes criminal history record information and investigative and intelligence information. It does not include agency personnel or administrative records used for agency operations or management.
Disposition means information disclosing that criminal proceedings have been concluded, including information disclosing that the police have elected not to refer a matter to a prosecutor, or that a prosecutor has elected not to commence criminal proceedings, and also disclosing the nature of the termination in the proceedings, or information disclosing that proceedings have been indefinitely postponed and also disclosing the reason for such postponement. Disposition shall include, but not be limited to, acquittal by reason of mental incompetence, case continues without finding, charge dismissed, charge dismissed due to insanity, charge dismissed due to mental incompetence, charge still pending due to insanity, charge still pending due to mental incompetence, guilty plea nolle prosequi, no paper, nolo contendere plea, convicted, youthful offender determination, deceased, deferred disposition, dismissal - civil action, defendant discharged, executive clemency, placed on probation, paroled, or released from correctional supervision.
Person means an individual of any age, concerning whom criminal history record information is contained in Portland Police Data System (PPDS), or a person's attorney or authorized representative.
Attorney means an attorney at law empowered by a person to assert the confidentiality of right to access the criminal history record information under this policy.
Authorized representative means a parent, or a guardian or conservator, other than an attorney, appointed to act on behalf of a person and empowered by such a person to assert the confidentiality of or right of access to personal data under this policy.
Dissemination means the transmission of information, whether orally, in writing, or electronically, to anyone outside the agency that maintains the information, except reports to an authorized repository.
Intelligence and investigative information means information compiled in an effort to anticipate, prevent, or monitor possible criminal activity, or compiled in a course of investigation of known or suspected crimes.
PPDS is an automated criminal justice information system that is operated by the Portland Police Bureau. Through electronic communication devices, PPDS provides for storage and retrieval of criminal justice information stored in local computer data bases and to criminal justice information which are accessible through the Oregon Law Enforcement Data System (LEDS).
III. LIMITS ON ACCESS
Access to PPDS criminal justice information shall be limited to criminal justice agencies that have executed formal written agreements with Portland Police Bureau, which commit the agencies to abide by the Security Policy herein described.
IV. LIMITS ON DISSEMINATION
Criminal justice agencies, which are authorized, access to PPDS criminal justice information may disseminate any PPDS criminal justice information directly under the following conditions:
1.) the intended recipient of the information is a criminal justice agency or agent under the definition contained herein: or
2.) The intended recipient of the information is legally authorized access to the specific information pursuant to statute, government regulation, or court order. Any liability that may arise from improper dissemination of PPDS criminal justice information shall rest entirely with the criminal justice agency and individuals that disseminated the information improperly.
Dissemination of juvenile criminal justice information shall be restricted as follows:
1.) Information related to warrants, verified suspects, runaways, missing persons, witnesses, or complainants may be disseminated to criminal justice agencies.
2.) All other information about juveniles shall not be disseminated.
Not withstanding any other provisions herein contained, intelligence and investigative information shall not be publicly disclosed so long as there is a clear need in a particular case to delay disclosure in the course of an investigation in accordance with ORS 192.501 et seq.
V. ACCURACY AND COMPLETENESS
Each criminal justice agency which stores, collects, or disseminates PPDS criminal history record information shall establish procedures to ensure the accuracy and completeness of criminal history record information. No criminal justice history information shall be disseminated until the information has been verified against Computerized Criminal History (CCH) records of the Oregon Law Enforcement Data System (LEDS). All dispositions by a PPDS user agency should be reported to LEDS-CCH within sixty (60) days of their occurrence. No information shall be added to a person's criminal history record in PPDS unless the data is based upon a readily identifiable numbered source document and upon assurance that the information pertains to the individual whose criminal history record is affected.
VI. RIGHT TO ACCESS AND CHALLENGE
Any individual shall have the right of access to their own criminal history record information that is contained in the PPDS files for the purpose of review and challenge.
The Portland Police Bureau shall establish procedures that:
1.) Inform an individual in writing, upon written request, the PPDS criminal history record information concerning her/him;
2.) Make available to a person, upon written request, the PPDS criminal history report information concerning her/him;
3.) Allow a person to contest the accuracy, completeness, or relevancy of her/his PPDS criminal history record information;
4.) Allow PPDS criminal history record information to be corrected upon written request of a person when Portland Police Bureau concurs in the proposed correction;
5.) Allow a person who believes that PPDS maintains inaccurate or incomplete criminal history record information concerning herself/himself to submit a written statement to the Portland Police Bureau setting forth what she/he believes to be an accurate or complete version of that criminal history record information. If, after a review of the statement, the Portland Police Bureau does not concur and does not make the corrections requested in the statement, the statement shall be filed in a manual file in the Portland Police Bureau Records Division under the appropriate PPDS identification number and any subsequent response to a request for PPDS criminal history record information shall disclose the existence of the statement challenging the accuracy or completeness of the PPDS criminal history record information.
VII. INFORMATION CONTROL AND RESPONSIBILITY
Additions, modifications, and deletions of information stored in the PPDS databases shall be restricted to specifically authorized individuals and electronic devices. Each PPDS user agency will provide the Portland Police Bureau with a list of the persons and the devices within the agency that will be permitted to access the PPDS files.
VIII. SECURITY
A. Physical Security - Each PPDS user agency shall be responsible for maintaining the physical security of all electronic devices that are capable of accessing PPDS, as well as any printed output or system documentation which might permit unauthorized access to or use of PPDS from within the agency.
B. On-Line Security - The PPDS system provides software to ensure that only authorized individuals and electronic devices can access the PPDS databases or the information available through LEDS. This software may require PPDS users to enter special identification codes and passwords before being allowed to make any inquiry into PPDS files.
C. Personnel Security - Any persons having authorized access to PPDS criminal history record information shall be required to complete a personal history statement. After completion of the form, the person will be fingerprinted and a background investigation will be conducted by the user agency. That investigation shall include, but not be limited to, verification of information provided by the person and to public record information, including a check of the PPDS persons file, the Oregon LEDS files, the National Crime Information Center files, and FBI Criminal Identification files. Upon investigation, any person found to have provided intentionally false information in their personal statements, or who are shown to have been arrested and convicted for committing an offense which, under Oregon law, can result in a sentence to a state penal institution for adults, or who are shown to have been arrested and convicted of committing a Class A or B felony as a juvenile in the State of Oregon within the past five (5) years shall be immediately denied all access to PPDS criminal history record information and shall be notified by the investigating agency, in writing, of this action. The person denied access may challenge the denial. If not successfully challenged within thirty (30) days of receipt of notice, the employer of the person shall provide the Portland Police Bureau with written notice that said person is denied access to all devices with access to PPDS files. Portland Police Bureau shall have the right to remove any individual from the list authorized to access criminal history record information. By itself, denial of access to PPDS shall not constitute grounds for dismissal of any employee from her/his employment.
IX. POLICY ENFORCEMENT
The Portland Police Bureau shall be responsible for the enforcement of this Security Policy. The Portland Police Bureau may delegate certain responsibilities to the Bureau of Information
Technology. If the Portland Police Bureau determines that there has been a violation of this Security Policy it may take, but not limited to the following actions:
1.) It may remove individuals from the list of authorized users;
2.) It may restrict an agency's access to PPDS information;
3.) It may temporarily suspend an agency as a PPDS user;
4.) It may terminate all PPDS access by an individual or agency.
Willful violation of the provisions contained in paragraphs III and IV of this Security Policy with regard to the dissemination and use of criminal history record information contained in or obtained through PPDS by any employee or agent of the City or any PPDS user agency may result in sanctions by the employer against the individual or individuals who committed the violation.