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HomeMy WebLinkAboutSORC - Contract 2009SOUTHERN OREGON REGIONAL COMMUNICATIONS TELECOMMUNICATIONS CONTRACT This Contract is made and entered into in duplicate this ~~ day of ~ 2009, by and between SOUTHERN OREGON REGIONAL COM UNICATIONS, an unincorporated association of governmental entities organized under ORS Chapter 190, hereafter "SORC," and CITY OF CENTRAL POINT, hereafter "USER," WITNESSETH: WHEREAS, SORC is an association of governmental entities organized under an Intergovernmental Agreement under the authority of ORS Chapter 190 and as a "local jurisdiction" under authority of ORS Chapter 401 for the purpose of implementing a primary 911 . Public Safety_Answering Point, hereafter "PSAP," capable of providing wireline and wireless .phase I and phase II telephone services, collectively known as "PSAP Services" received at SORC for the greater Jackson County area and Crater Lake National Park, except for the city limits of the City of Medford and the City of Ashland, hereafter "SORC service area", and also capable of providing emergent and non-emergent public safety radio communications and dispatch services, to its Users in the SORC service area collectively known as "Dispatch Services": and WHEREAS, SORC has a fully equipped and staffed telecommunications center, hereafter "CENTER" capable of delivering PSAP Services and Dispatch Services, and WHEREAS, USER desires that SORC provide it with the aforementioned services, and NOW, THEREFORE, in consideration of the mutual undertakings and obligations set forth herein, the parties covenant and agree as follows: 1. Telecommunications Connectivity and Maintenance: a) SORC shall have responsibility for maintenance and support of communication lines and equipment and to contract with Owest Communications, its subsidiaries, successors or other approved Contractors for 911 lines and equipment, and to provide for maintenance of other equipment and software required for effective operation of the system. b) SORC Information Technology (IT) staff will provide and/or manage the installation, implementation, maintenance and support of lines and equipment necessary to transmit telephone, radio and wireless signals between the User and SORC. The cost of accomplishing and maintaining this linkage for all participating agencies will be shared as part of the SORC technical operating budget. c) Scope 1) Respond to the User agency to trouble-shoot and repair minor equipment malfunctions, such as printers, pc's, keyboards, etc. 2) Respond to the User agency to trouble-shoot and repair law enforcement network servers and wireless networks specifically in support of police services and mobile communication terminals. 3) Assist with the User Agency's strategic planning for related projects which they may wish to pursue. 4) Provide connectivity to the MDC interface with CAD. 5) Provide connectivity to the RMS interface. 6) Provide connectivity to the CMS interface. 7) Provide connectivity to the Mercy Flights interface 8) Provide connectivity to the MDS field reporting system. Services: a) .The User shall have local control over the manner in which its calls-for-service are processed and prioritized for dispatch by SORC. b) The User may only designate a particular procedure change as critical where the change is required by court order or other severe mitigating circumstances. SORC shall, to the extent possible, implement immediate procedures which accommodate the change. If any such procedure is incompatible with SORC's operating policies, SORC shall notify the User of the reasons therefore while still implementing the procedure. The procedure will be implemented, to the extent possible, until such time as both parties can mutually resolve their concerns or bring the matter before the appropriate User's Subcommittee for review and recommended action. c) If SORC and the User cannot informally resolve any dispute as to dispatch procedures, either party may request that the matter be brought before the SORC Intergovernmental Council for resolution. The Intergovernmental Council's decision shall be deemed final and binding. d) SORC shall train its personnel in those User procedures and regulations which may be deemed necessary to provide effective service. SORC will provide orientation to User personnel as may be requested by the User. e) Scope 1) Provide PSAP Services on a 24/7 basis. 2) Provide Dispatch Services 2417, including status keeping and after-hours call- outs. 3) Perform pages and notifications as per User agency procedure, or upon demand. 4) Perform radio broadcasts of administrative messages, attempts to locate and all- points bulletins. 5) Provide access to DMV, NCIC, LEDS and as reasonably feasible, other Jackson County regional information systems as requested. 2 6) Provide for the maintenance and update of the automated Geo-file and Master Street Address Guide. 7) Provide Phase II 911 mapping. 8) Maintain back-up communications systems. 3. Duration and Amendment: a. This Contract shall be for a period of 12 months. The Contract term will begin at midnight on July 1, 2009, and end at midnight on June 30, 2010. USER agrees to notify SORC in writing no later than March 1s` before the end of the previous term that it will not be renewing this Contract for a successor term. Failure of USER to so notify SORC will result in damages to SORC which the parties agree would be difficult to calculate; therefore, in such event, USER agrees to pay SORC, upon a written demand, and within thirty (30) days thereof, a sum equivalent to one (1) month's USER fee, based on the fees charged to USER by SORC during the previous term, as and for liquidated damages. b. This Contract shall be subject to amendment only by written approval of both SORC and USER. c. All previous contracts with USER for similar services are terminated as of the effective date hereof. 4. User Boards: The law enforcement User board and the Fire/EMS User board meet monthly, or as may be needed to review dispatch procedures and develop common policies which will enhance mutual operations. b. The USER agency shall be entitled to one voting representative on the law and/or fire/EMS User boards for the purpose of representing the USER's special interests, service requirements and operational role within the Center. 5. SORC Administrative Responsibility: SORC shall have full authority and responsibility over hiring, training, discipline, scheduling and assignment of personnel assigned to perform and to supervise services provided under this Agreement. SORC shall have full discretion and authority under emergent conditions to prioritize service among conflicting service demands. SORC may contract to provide services to other agencies at its discretion provided SORC shall undertake no such obligation which has the effect of diminishing or degrading the level of service provided to the current Users. c. The SORC Director and Assistant Director in-charge of Operations will communicate with the User agency on a regular basis to ensure continuity of service. d. Scope 1) Ensure appropriate staffing levels. 2) Provide scheduled system performance and activity reports. 3) Provide quarterly and annual performance reports. 4) Complete and maintain professional certifications. 5) Maintain State and Medical certifications. 6) Review and respond to in-service job performance inquiries. 7) Provide User community support. 6. Performance Standards: a. SORC will use its best efforts to meet or exceed the compliance target performance standards 90% of the time under standard operating conditions acknowledging that exceptional workload or catastrophic incident may result in skewed data. 7 1) 911 lines answered = 4 rings. 2) Priority E, processed (receipt to entry) = 35 seconds 3) Priority 1, processed (receipt to entry) = 60 seconds 4) Priority 2, processed (receipt to entry) = 95 seconds 5) Priority 3, processed (receipt to entry) = 120 seconds b.:.Compliance target. Annual Budget Preparation: Draft budget figures will be developed by SORC in January of each year. In February, a budget committee made up of selected User agency members will review and recommend modifications to the proposed budget document. SORC will make the recommended modifications and issue a preliminary budget in March. At the June meeting of the Intergovernmental Council the Chairman of the Budget Committee will recommend the budget to the full Council for adoption. 8. Financial: a. USER shall pay SORC the total sum of $178,550.22 in consideration of the services outlined in Paragraph 1 above for the Contract term. This amount shall not increase during the Contract term. b. USER agrees to pay the charges as prescribed at a minimum in four (4) equal installments due within five (5) calendar days of the end of each quarter for the duration of the Contract, beginning with the first quarter ending September 30, 2009. Payments shall be made to SORC, 10 South Oakdale, Medford, OR 97501. c. If the installments are paid when due, no interest shall accrue on the unpaid balance of the Contract amount stated in a. above, but any overdue installment shall bear interest at one and three-quarters percent (1'/< %) per month from its' due date. d. Law user rates are based on 70% of the total budget less revenue, and fire user rates are based on 30% of the total budget less revenue. All user rates are then calculated by use of a formula that incorporates the population base served by the user and the assessed valuation of each user's jurisdiction. 4 e. State 911 tax revenue reimbursements to SORC shall be maintained in a separate interest bearing fund independent of the SORC general fund. Property: During the term of this Contract, SORC shall ensure the operation of all equipment and property in the CENTER as necessary to provide the services which are to be performed under this Contract, which services shall be in compliance with the operating standards, procedures, and rules adapted by SORC. 10. Hold Harmless Clause: The parties shall hold each other harmless and shall indemnify the other from any and all causes of action, judgments, claims, damages, or otherwise arising out of its sole and solitary acts. 11. Default: Upon default by USER of the payment terms of this Contract, said default existing for thirty (30) days, SORC may terminate further provision of communication services to USER upon ten (10) day written notice to cure given to USER. SORC may also terminate such services for default by USER of any other material term of the Contract upon thirty (30) day written notice to cure given to USER. 12. Arbitration: In the event a dispute arises under the terms of this Contract, the parties shall submit the dispute to binding arbitration in accordance with ORS Chapter 36. Notice of intent to arbitrate shall be given in writing to the other party. Within ten (10) business days of the Notice of Intent to Arbitrate, SORC shall request a list of seven (7) names from the Jackson County Court Annexed Arbitrator List. The parties shall alternately strike one name from the list until only one name from the list remains. The USER shall strike first. The remaining individual shall be the Arbitrator. The striking shall be conducted no longer than ten business days after receipt of the list. The rules applicable to the arbitration shall be the same as if the matter were being heard in a court annexed arbitration proceeding in Jackson County, except to the extent such rules address appeal or other recourse to the Court as the intent of the parties is that such arbitration be final and binding and the parties agree to be so bound by such decision. Each party shall initially bear the cost of arbitration equally, provided, however, that the prevailing party as determined by the arbitrators shall be entitled to an award by the arbitrator of its reasonable attorney fees and costs of the arbitration. 13. Savings Clause: If, during the period of this Contract, it is determined by judicial or arbitration ruling or by mutual agreement of the parties that a specific clause of the Contract is illegal under federal or state law, the remainder of the Contract not affected thereby shall remain in force. 5 14. Notices: Any notice required or permitted under this Contract shall be given when actually delivered or forty-eight (48) hours after deposited in the United States Mail as certified mail addressed to the address set forth below or to such other address as may be specified from time to time by either of the parties in writing. SORC: SOUTHERN OREGON REGIONAL COMMUNICATIONS 10 South Oakdale Avenue Medford, OR 97501 USER: p C.~~ of L'~2t~'Eca.~~uti~ 1yo~ 3~d.S~c~-~ C er`~kal `~u..+ a~ a~s~ a 15. Signators: Signators to the Contract shall be: a. For SORC: An authorized representative of SORC. b. For USER: An authorized representative of USER. IN WITNESS WHEREOF, the parties hereto execute this Contract. SORC Mike Moran, Chairman ~~~~// Date USER (Signature) (Print Name) ~- ~3- o Date APPROVED TO FORM: Lei/ A Ma ial E. Henault, SORC Legal Counsel Date 7 ~6J 6