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Department Of State Police (OSP) ~ ~ Department Of State Police Criminal Justice Information Services (CJIS) LEDS User Agreement Wioth The Tigard Police Department OR0340400 DEPARTMENT OF STATE POLICE CRIMINAL JUSTICE INFORMATION SERVICES (CJIS) LEDS USER AGREEMENT I. PARTIES. The Parties to this Agreement are the State of Oregon, acting by and through the Department of State Police ("OSP") and Tigard Police Department ("User"). II. PURPOSE. The purpose of this Agreement is to provide User access to and use of information contained in the Oregon Criminal Offender Information System and the Federal Criminal Offender Information System (Federal Information) in the manner and to the extent authorized by OAR 257-010- 0025, OAR 257, Division 015, and as provided in the Law Enforcement Data System Operating Manual (LEDS Manual). Ill. DEFINITIONS. Terms used in this Agreement are defined in OAR chapter 257, Divisions 010 and 015, unless another definition is referenced herein. The phrase "criminal offender information" as used in this Agreement includes both Criminal Offender Information (as defined in OAR 257-010-0015) and Federal Information. IV. TERM. This Agreement shall become effective on the date signed by all of the Parties, and shall continue in effect without a scheduled termination date, except as provided in Section V herein. Each party agrees to review this Agreement annually to ensure that the terms and conditions remain appropriate to the needs, duties and circumstances of the reviewer, and may propose amendments to this Agreement at any time. V. TERMINATION. A. Either Party may terminate this agreement upon thirty (30) days written notice to the other Party. B. This Agreement shall expire thirty (30) days after the User official who executes this Agreement no longer holds the position held at time of execution of this Agreement. A new Agreement must be executed during that thirty day period to avoid interruption of User's access to and use of any information provided under this Agreement. C. OSP, in its sole discretion, may impose sanctions upon User if User does not comply with any standards applicable to User under this Agreement, including without limitation federal standards, or with any provision of this Agreement, including without limitation by failing to establish and maintain security, audit and personnel training standards necessary to ensure system security and accuracy, and completeness and timeliness of entries consistent with this Agreement. The sanctions that may be imposed under this Agreement may include imposition of probationary terms and periods, temporary or permanent suspension of User's direct terminal access to criminal offender information, and suspension or termination of this Agreement. Any termination of this Agreement by OSP under this Section V.0 may occur immediately upon notice to User. VI. USER WARRANTIES AND REPRESENTATIONS. A. User warrants and represents that it is authorized to enter into this Agreement and to access and use criminal offender information because it is a Criminal Justice Agency under ORS 181A.010 and OAR 257-010-0025. B. The individual signing this Agreement on behalf of User warrants and represents that s/he is authorized to act on behalf of User and that User has authorized by any required action, including without limitation by order or ordinance, execution of this Agreement. Page 1 of 6 Pages— USER AGREEMENT C. User warrants and represents that no person who has been convicted of a crime which could have resulted in a sentence to a federal or state penitentiary will be allowed to operate a terminal accessing Computerized Criminal History (CCH) files or otherwise have access to criminal offender information, or criminal justice information. Requests for extraordinary circumstance exceptions to this requirement may be submitted, in writing, to the Superintendent of OSP, but no access shall be granted unless and until authorized in writing by OSP. D. User warrants and represents that criminal offender information obtained under this Agreement will be used only for purposes authorized by this Agreement and applicable law, will not be disseminated or disclosed in any manner to unauthorized persons or agencies, and will be maintained in secure files until destroyed by burning or shredding in accordance with law. E. User warrants and represents that it shall establish and maintain security, audit and personnel training standards adequate to ensure system security and, if User is a Criminal Justice Agency, accuracy, completeness and timeliness of entries made in accordance with Section VII.F of this Agreement. VII. USER'S DUTIES. A. User shall abide by all published rules, policies, and procedures promulgated by OSP governing the administration and operation of the Oregon Criminal Offender Information System, including without limitation the LEDS Manual, and all published rules, policies and procedures of the Federal Bureau of Investigation, National Crime Information Center's Criminal Justice Information Systems Division. These rules include, without limitation of the foregoing, that all User personnel operating LEDS terminals are LEDS certified in accordance with OAR 257-015-0050(3). B. User shall use the Originating Agency Identification Number (ORI) provided by OSP and appearing on page 1 of this Agreement (or in attached ORI List) when accessing or requesting Criminal Offender Information or Federal Information. C. User shall comply promptly with all directives of the National Crime Information Center (NCIC) and LEDS regarding actions designed to assure compliance by User with all statutes and regulations applicable to this Agreement. D. If User is provided direct terminal access under Sections VII.E.1, User shall be subject to, and shall bear its own costs and expenses in cooperating with, audits by LEDS or NCIC for compliance with this Agreement. User agrees to make available to LEDS and to NCIC all those facilities, files, data, and other records reasonably necessary and pertinent to the conduct of any audit scheduled or requested by LEDS or NCIC. User shall cooperate and ensure the cooperation of its officers, employees, and agents, in the conduct of any audit. Such cooperation shall include the User's officers, agents, and employees responding to questionnaires and to interviews if requested by LEDS or by NCIC. E. Additional Criminal Justice Agency Duties: 1. LEDS TERMINAL ACCESS; EMERGENCY TELEPHONE REQUESTS. User shall have access to criminal offender information via a LEDS terminal in accordance with OAR chapter 257, Division 015, and User should obtain all available information via direct terminal access. In case of emergency, User, or any employee, officer or agent of User, may make an emergency telephonic request for criminal offender information to the LEDS Operations Center, (503) 378- 5565. 2. TIMELY RECORD ENTRIES. If agency is a record entry agency, User agrees to enter records timely into LEDS and NCIC as follows: Page 2 of 6 Pages— USER AGREEMENT a. Wanted Persons: Entry for wanted persons made immediately after decision to arrest or to authorize arrest has been made, and after decision has been made as to whether and how far to go for extradition. b. Vehicles, Boats, Parts and License Plates: Entry for stolen or felony motor vehicles, boats, parts, and license plates made immediately upon receipt and verification of information from victim or other responsible party and with the appropriate motor vehicle or boat registration agency, if possible. c. Guns, Articles and Securities: Entry of stolen guns, articles, or securities means entry within twenty-four(24) hours of the time when complete information is available. d. Missing Persons, Unidentified Persons, Persons of Interest, and Restraining Orders: Entry of missing persons, unidentified persons, persons of interest, and restraining orders immediately after decision has been made that the record qualifies for entry. 3. TIMELY RECORD REMOVAL. User agrees to remove its records in a timely manner. Timely removal means that a record is removed immediately when the purpose for the record is passed. 4. TIMELY INQUIRIES. System inquiries shall be made in a timely manner. A timely inquiry means the inquiry is initiated as close in time as practicable before the information is used by the User. 5. RECORD VALIDATION. User agrees to regularly validate and confirm records it has entered into LEDS and NCIC are complete, accurate and are not subject to removal as provided in Section VII.E.3 herein and in accordance with procedures specified in the LEDS Manual. 6. COMPLETENESS AND ACCURACY. User agrees to maintain its records in LEDS and NCIC in a complete and accurate status, and to use all appropriate information available when making system inquiries or entries. Complete entries include all applicable information available about the person or property at the time of the entry. The validation process should include a review of whether additional information has become available that should be added to the original entry. Complete inquiries include all available identifying numbers (social security, passport, driver's license number, Vehicle Identification Number, license plate, serial numbers, owner applied numbers, etc.) as well as all known names and alias names used by a suspect. NCIC policy regarding accuracy of records entered into NCIC requires that entries be double- checked by a second party. Examples of such verification include assuring appropriate crosschecks (VIN/License numbers, name/driver's license numbers, etc.) were made, and data in the record matches the data in the investigative report or other source documents. A record in LEDS or NCIC files must be modified or removed promptly upon finding information in the record is incorrect or invalid. 7. TEN-MINUTE HIT CONFIRMATION. User agrees to adhere to the LEDS and NCIC confirmation policy including without limitation that the agency that is the originator of a record, or a designated alternate agency, be available twenty-four (24) hours a day to confirm inquiry "hits" (YQs). Upon receipt of a hit confirmation request from another agency, the originating agency or its designated alternate must, within ten (10) minutes for "URGENT" hit confirmation, or 1 hour for "ROUTINE" hit confirmation, furnish to the requesting agency a substantive response. A substantive response is a positive or negative confirmation or notice of the specific amount of time necessary to confirm the status of the record. Page 3 of 6 Pages — USER AGREEMENT VIII. OSP'% DUTIES. A. OSP shall provide User access to criminal offender information to the extent authorized under ORS 181A.230 to 181A.245 and OAR 257-010-0025 and in the manner provided by OAR chapter 257, Division 15, the LEDS Manual and by this Agreement. B. Written and telephonic requests for criminal offender information, other than requests by Criminal Justice Agencies, shall be made to: OSP CJIS Division Records Unit 3565 Trelstad Ave. SE Salem, OR 97317-9614 Phone: (503) 378-3070 OSP provides the LEDS Manual available online with secure credentials at the LEDS website, http://www.oregon.gov/osp/CJIS/pageslindex.aspx IX. LIABILITY AND INDEMNITY. A. User agrees it shall be legally responsible, as between OSP and other users having access to criminal offender and criminal justice information, for the accuracy and completeness of User's records in LEDS and NCIC, the timeliness of entry and removal of records from the system, and for adhering to system security and information access and dissemination requirements. B. To the extent permitted by any constitutional and statutory limitations applicable to User including, but not limited to, provisions relating to debt limits and the Oregon Tort Claims Act, User shall indemnify, defend, save and hold harmless the United States and its agencies, officers, employees, agents and members, and the State of Oregon and its agencies, officers, employees, agents and members, from and against all claims, damages, losses, expenses, suits or actions of any nature arising out of or resulting from the activities of User, its agencies, officers, employees, agents, members, contractors or subcontractors under this Agreement. X. GENERAL TERMS AND CONDITIONS. A. NOTICES. All notices under this Agreement, other than User's inquiries for criminal offender and criminal justice information, shall be provided to the Administrator and designated LEDS Representative for the Agency/User, and to the CJIS Programs Manager for the Department of State Police/OSP. Contact information current on the date this agreement was executed was: For USER: AGENCY (USER) ADMINISTRATOR: NAME: Kathy McAlpine TITLE: Chief of Police ADDRESS: 13125 SW Hall Blvd. ADDRESS: CITY: Tigard, OR 97223 PHONE: (503) 639-6168 FAX: (503) 684-5654 E-Mail kathy.mcalpine@tigard-or.gov Page 4 of 6 Pages— USER AGREEMENT AGENCY (USER) LEDS REPRESENTATIVE: NAME: Ambra Farrier ADDRESS: Same as Above ADDRESS: CITY: PHONE: (503) 718-2573 EMAIL: ambra.farrier@tigard-or.gov For OSP: NAME: Tom Worthy TITLE: Major, OSP, CSO ADDRESS: 3565 Trelstad Ave SE CITY: Salem, OR 97317-9614 PHONE: 503 934-0266 FAX: 503-363-5475 EMAIL: tom.worthy(-state.or.us Notices under this agreement shall be given in writing by personal delivery, facsimile, email or by regular or certified mail to the person identified in this Section, or to such other person or at such other address as either party may hereafter indicate pursuant to this section. Any notice delivered personally shall be deemed received upon delivery. Notice by facsimile shall be deemed given when receipt of the transmission is generated by the transmitting machine. Notice by email is deemed received upon a return email or other acknowledgment of receipt by the receiver, and notice by certified or registered mail is deemed received on the date the receipt is signed or delivery is refused by the addressee. Either Party may notify the other of a change of address designated under this subsection in the manner provided herein without need to amend the Agreement. B. GOVERNING LAW AND VENUE. This Agreement shall be governed and construed in accordance with the laws of the State of Oregon without regard to principles of conflicts of law. Any claim, action, suit or proceeding (collectively "Claim") between OSP and User that arises from or relates to this Agreement shall be brought and conducted solely and exclusively in the Circuit Court of Marion County for the State of Oregon provided, however, if the Claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively in the United States District Court for the District of Oregon. USER, BY EXECUTION OF THIS AGREEMENT, HEREBY CONSENTS TO THE IN PERSONAM JURISDICTION OF SAID COURTS. C. WAIVERS. The failure of OSP to exercise, and any delay in exercising, any right, power, or privilege under this Agreement shall not operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege under this Agreement preclude any further exercise thereof or the exercise of any other such right, power or privilege. The remedies provided herein are cumulative and not exclusive of any remedies provided by law. D. AUDITS, RECORDS RETENTION. In addition to the requirements of Section VII.D, OSP and its duly authorized representatives shall have access, for a period not less than three (3) years, to books, documents, papers and records of the other Party which are pertinent to this Agreement, for the purpose of making audit, examination, excerpts and transcripts. E. NON-ASSIGNMENT. This Agreement, and any claim arising under this Agreement, shall not be assigned or delegated by User either in whole or in part. Page 5 of 6 Pages— USER AGREEMENT F. SEVERABLILITY. If any term or provision of this Agreement is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions and applications of this Agreement shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if this Agreement did not contain the particular term or provision held to be invalid. G. WORKERS COMPENSATION INSURANCE. All employers that employ subject workers who work under this Agreement in the State of Oregon shall comply with ORS 656.017 and provide the required Workers' Compensation coverage, unless such employers are exempt under ORS 656.126. H. HEADINGS. The section headings in this Agreement are included for convenience only, do not give full notice of the terms of any portion of this Agreement and are not relevant to the interpretation of any provision of this Agreement. I. MERGER. This Agreement sets forth the entire Agreement between the Parties with respect to the subject matter hereof. Commitments, warranties, representations and understandings or agreements not contained, or referred to, in this Agreement or written amendment hereto shall not be binding on either party. Except as may be expressly provided herein, no alteration of any of the terms or conditions of this Agreement will be effective without the written consent of both parties. XI. SIGNATURES. OREGON STATE POLICE TIGARD POLICE DEPARTMENT By: morthy f By: Kathy McAI Title: MAJ, OSP, CSO Title: Chief of Police Date: '— Date. JV Lt + This agreement is executed by the Department of State Police pursuant to ORS Chapter 84. Page 6 of 6 Pages— USER AGREEMENT OR034041J DEPARTMENT OF STATE POLICE LAW ENFORCEMENT DATA SYSTEM USER AGREEMENT I. PARTIES. The Parties to this Agreement are the State of Oregon, acting by and through the Department of State Police ("OSP") and TIGARD MUNICIPAL COURT ("User"). If. PURPOSE. The purpose of this Agreement is to provide User access to and use of information contained in the Oregon Criminal Offender Information System and the Federal Criminal Offender Information System (Federal Information) in the manner and to the extent authorized by OAR 257-010- 0025, OAR 257, Division 015, and as provided in the Law Enforcement Data System Operating Manual (LEDS Manual). III. DEFINITIONS. Terms used in this Agreement are defined in OAR chapter 257, Divisions 010 and 015, unless another definition is referenced herein. The phrase "criminal offender information" as used in this Agreement includes both Criminal Offender Information (as defined in OAR 257-010-0015) and Federal Information (as defined in Section II herein). IV. TERM. This Agreement shall become effective on the date signed by all of the Parties, and shall continue in effect without a scheduled termination date, except as provided in Section V herein. Each party agrees to review this Agreement annually to ensure that the terms and conditions remain appropriate to the needs, duties and circumstances of the reviewer, and may propose amendments to this Agreement at any time. V. TERMINATION. A. Either Party may terminate this agreement upon thirty (30) days written notice to the other Party. B. This Agreement shall expire thirty (30) days after the User official who executes this Agreement no longer holds the position held at time of execution of this Agreement. A new Agreement must be executed during that thirty day period to avoid interruption of User's access to and use of any information provided under this Agreement. C. OSP, in its sole discretion, may impose sanctions upon User if User does not comply with any standards applicable to User under this Agreement, including without limitation federal standards, or with any provision of this Agreement, including without limitation by failing to establish and maintain security, audit and personnel training standards necessary to ensure system security and accuracy, and completeness and timeliness of entries consistent with this Agreement. The sanctions that may be imposed under this Agreement may include imposition of probationary terms and periods, temporary or permanent suspension of User's direct terminal access to criminal offender information, and suspension or termination of this Agreement. Any termination of this Agreement by OSP under this Section V.0 may occur immediately upon notice to User. VI. USER WARRANTIES AND REPRESENTATIONS. A. User warrants and represents that it is authorized to enter into this Agreement and to access and use criminal offender information because it is a Criminal Justice Agency under OAR 257- 010-0025. Page 1 of 7 Pages — USER AGREEMENT B. The individual signing this Agreement on behalf of User warrants and represents that s/he is authorized to act on behalf of User and that User has authorized by any required action, including without limitation by order or ordinance, execution of this Agreement. C. User warrants and represents that no person who has been convicted of a crime which could have resulted in a sentence to a federal or state penitentiary will be allowed to operate a terminal accessing Computerized Criminal History (CCH) files or otherwise have access to criminal offender information. Requests for extraordinary circumstance exceptions to this requirement may be submitted, in writing, to the Superintendent of OSP, but no access shall be granted unless and until authorized in writing by OSP. D. User warrants and represents that criminal offender information obtained under this Agreement will be used only for purposes authorized by this Agreement and applicable law, will not be disseminated or disclosed in any manner to unauthorized persons or agencies, and will be maintained in secure files until destroyed by burning or shredding in accordance with law. E. User warrants and represents that it shall establish and maintain security, audit and personnel training standards adequate to ensure system security and, if User is a Criminal Justice Agency, accuracy, completeness and timeliness of entries made in accordance with Section VILF of this Agreement. VII. USER'S DUTIES. A. User shall abide by all published rules, policies, and procedures promulgated by OSP governing the administration and operation of the Oregon Criminal Offender Information System, including without limitation the LEDS Manual, and all published rules, policies and procedures of the Federal Bureau of Investigation, National Crime Information Center, Criminal Offender Record Program (NCIC). These rules include, without limitation of the foregoing, that all User personnel operating LEDS terminals are LEDS certified in accordance with OAR 257-015-0050(3). B. User shall use the Originating Agency Identification Number (ORI) provided by OSP and appearing on page 1 of this Agreement when accessing or requesting Criminal Offender Information or Federal Information. C. User shall comply promptly with all directives of the NCIC and LEDS regarding actions designed to assure compliance by User with all statutes and regulations applicable to this Agreement. D. If User is provided direct terminal access under Sections VII.E.1 or VII.F.1, User shall be subject to, and shall bear its own costs and expenses in cooperating with, audits by LEDS or NCIC for compliance with this Agreement. User agrees to make available to LEDS and to NCIC all those facilities, files, data, and other records reasonably necessary and pertinent to the conduct of any audit scheduled or requested by LEDS or NCIC. User shall cooperate and ensure the cooperation of its officers, employees, and agents, in the conduct of any audit. Such cooperation shall include the User's officers, agents, and employees responding to questionnaires and to interviews if requested by LEDS or by NCIC. E. If User is not a "Criminal Justice Agency": 1. LEDS TERMINAL; AVAILABLE INFORMATION. User shall have access only to Criminal Offender Information maintained by the Oregon State Police within the Law Enforcement Data System computer files. A User does not have terminal access to Federal Information maintained by the FBI in the NCIC. Access to Federal Information maintained by the FBI in the NCIC is controlled by Title 28, Code of Federal Regulations, Section 20.21. A User that is authorized by an Oregon statute that has been approved by the FBI as meeting the criteria in 28 USC 534 is authorized to access Federal Information through fingerprint card submission only. The fingerprint card submission must be through OSP. If User is provided direct terminal Page 2 of 7 Pages — USER AGREEMENT access by OSP, which access shall be provided in OSP's sole discretion, User should obtain all available information via direct terminal access. If User has not obtained direct terminal access, User shall request available information in writing or by telephone as provided in Section VIII herein. 2. OUT-OF-STATE INFORMATION. If User has not been authorized to access NCIC records by LEDS terminal, User may not use the LEDS terminal to access out-of-state or Federal Information. 3. FEES. User shall pay all fees required by OAR 257-010-0025, including the user fee charged by the Federal Bureau of Investigation at the time any request under Section VII.E.2 is made. User and OSP may agree to establish a monthly billing arrangement for payment of all fees under Sections VI I.E.1 and 2. 4. RETENTION OF PRE-EMPLOYMENT SCREENING INFORMATION. Criminal offender information obtained for pre-employment screening that is retained by User will be kept separate from the individual personnel files of the subject of the requested information. F. If User is a "Criminal Justice Agency": -1. LEDS TERMINAL ACCESS; EMERGENCY TELEPHONE REQUESTS. User shall have access to criminal offender information via a LEDS terminal in accordance with OAR chapter 257, Division 015, and User should obtain all available information via direct terminal access. In case of emergency, User, or any employee, officer or agent of User, may make an emergency telephonic request for criminal offender information to the LEDS Operations Center, (503) 378- 5565. 2. TIMELY RECORD ENTRIES. User agrees to enter records timely into LEDS and NCIC as follows: a. Wanted Persons: Entry for wanted persons made immediately after decision to arrest or to authorize arrest has been made, and after decision has been made as to whether and how far to go for extradition. b. Vehicles, Boats, Parts and License Plates: Entry for stolen or felony motor vehicles, boats, parts, and license plates made immediately upon receipt and verification of information from victim or other responsible party and with the appropriate motor vehicle or boat registration agency, if possible. c. Guns, Articles and Securities: Entry of stolen guns, articles, or securities means entry within twenty-four (24) hours of the time when complete information is available. d. Missing Persons Unidentified Persons, Persons of Interest, and Restraining Orders: Entry of missing persons, unidentified persons, persons of interest, and restraining orders immediately after decision has been made that the record qualifies for entry. 3. TIMELY RECORD REMOVAL. User agrees to remove its records in a timely manner. Timely removal means that a record is removed immediately when the purpose for the record is passed. 4. TIMELY INQUIRIES. System inquiries shall be made in a timely manner. A timely inquiry means the inquiry is initiated as close in time as practicable before the information is used by the User. Page 3 of 7 Pages — USER AGREEMENT 5. RECORD VALIDATION. User agrees to regularly validate and confirm records it has entered into LEDS and NCIC are complete, accurate and are not subject to removal as provided in Section VII.F.3 herein and in accordance with procedures specified in the LEDS Manual. 6. COMPLETENESS AND ACCURACY. User agrees to maintain its records in LEDS and NCIC in a complete and accurate status, and to use all appropriate information available when making system inquiries or entries. Complete entries include all applicable information available about the person or property at the time of the entry. The validation process should include a review of whether additional information has become available that should be added to the original entry. Complete inquires include all available identifying numbers (social security, passport, driver's license number, Vehicle Identification Number, license plate, serial numbers, owner applied numbers, etc.) as well as all known names and alias names used by a suspect. NCIC policy regarding accuracy of records entered into NCIC requires that entries be double- checked by a second party. Examples of such verification include assuring appropriate crosschecks (VIN/License numbers, name/driver's license numbers, etc.) were made, and data in the record matches the data in the investigative report or other source documents. A record in LEDS or NCIC files must be modified or removed promptly upon finding information in the record is incorrect or invalid. 7. TEN-MINUTE HIT CONFIRMATION. User agrees to adhere to the LEDS and NCIC confirmation policy including without limitation that the agency that is the originator of a record, or a designated alternate agency, be available twenty-four (24) hours a day to confirm inquiry "hits". Upon receipt of a hit confirmation request from another agency, the originating agency or its designated alternate must, within ten (10) minutes for "URGENT" hit confirmation, or 1 hour for "ROUTINE" hit confirmation, furnish to the requesting agency a substantive response. A substantive response is a positive or negative confirmation or notice of the specific amount of time necessary to confirm the status of the record. VIII. OSP'S DUTIES. A. OSP shall provide User access to criminal offender information to the extent authorized by ORS 181.555 to 181.560 and OAR 257-010-0025 and in the manner provided by OAR chapter 257, Division 15, the LEDS Manual and by this Agreement. B. Written and telephonic requests for criminal offender information, other than requests by Criminal Justice Agencies, shall be made to: OSP Identification Services Section Records Unit 3772 Portland Road NE Salem, OR 97301 Phone: (503) 378-3070 C. OSP shall provide User one copy of the LEDS manual at no cost to User. Additional copies may be obtained from OSP. When online access to the manual is available, OSP may cease providing any hard copy at no cost. Page 4 of 7 Pages — USER AGREEMENT IX. LIABILITY AND INDEMNITY. A. User agrees it shall be legally responsible, as between OSP and other users having access to criminal offender information, for the accuracy and completeness of User's records in LEDS and NCIC, the timeliness of entry and removal of records from the system, and for adhering to system security and information access and dissemination requirements. B. To the extent permitted by any constitutional and statutory limitations applicable to User including, but not limited to, provisions relating to debt limits and the Oregon Tort Claims Act, User shall indemnify, defend, save and hold harmless the United States and its agencies, officers, employees, agents and members, and the State of Oregon and its agencies, officers, employees, agents and members, from and against all claims, damages, losses, expenses, suits or actions of any nature arising out of or resulting from the activities of User, its agencies, officers, employees, agents, members, contractors or subcontractors under this Agreement. X. GENERAL TERMS AND CONDITIONS. A. NOTICES. All notices under this Agreement, other than User's inquiries for criminal offender information, shall be provided to the Administrator and designated LEDS Representative for the Agency/User, and to the LEDS Director for the Department of State Police/OSP. Contact information current on the date this agreement was executed was: For USER: AGENCY (USER) ADMINISTRATOR: NAME: MICHAEL O'BRIEN TITLE: JUDGE ADDRESS: 13125 SW HALL BLVD ADDRESS: ADDRESS: CITY: TIGARD, OR 97223 PHONE: (503) 639-4174 FAX: (503) 684-7297 EMAIL: CHI EFBILL@TIGARD-OR.GOV AGENCY (USER) LEDS REPRESENTATIVE: NAME: AMBRA FARRIER ADDRESS: 13125 SW HALL BLVD ADDRESS: ADDRESS: CITY: TIGARD, OR 97223 PHONE: (503) 718-2573 EMAIL: 30219@TIGARD-OR.GOV Page 5 of 7 Pages — USER AGREEMENT For OSP: NAME: Terry O'Connell TITLE: Director, CJIS ADDRESS: PO Box 14360 CITY: Salem, OR 97309-5074 PHONE: 503-378-3055 FAX: 503-364-2661 EMAIL: terry.oconnell@state.or.us Notices under this agreement shall be given in writing by personal delivery, facsimile, email or by regular or certified mail to the person identified in this Section, or to such other person or at such other address as either party may hereafter indicate pursuant to this section. Any notice delivered personally shall be deemed received upon delivery. Notice by facsimile shall be deemed given when receipt of the transmission is generated by the transmitting machine. Notice by email is deemed received upon a return email or other acknowledgment of receipt by the receiver, and notice by certified or registered mail is deemed received on the date the receipt is signed or delivery is refused by the addressee. Either Party may notify the other of a change of address designated under this subsection in the manner provided herein without need to amend the Agreement. B. GOVERNING LAW AND VENUE. This Agreement shall be governed and construed in accordance with the laws of the State of Oregon without regard to principles of conflicts of law. Any claim, action, suit or proceeding (collectively "Claim") between OSP and User that arises from or relates to this Agreement shall be brought and conducted solely and exclusively in the Circuit Court of Marion County for the State of Oregon provided, however, if the Claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively in the United States District Court for the District of Oregon. USER, BY EXECUTION OF THIS AGREEMENT, HEREBY CONSENTS TO THE IN PERSONAM JURISDICTION OF SAID COURTS. C. WAIVERS. The failure of OSP to exercise, and any delay in exercising, any right, power, or privilege under this Agreement shall not operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege under this Agreement preclude any further exercise thereof or the exercise of any other such right, power or privilege. The remedies provided herein are cumulative and not exclusive of any remedies provided by law. Page 6 of 7 Pages — USER AGREEMENT D. AUDITS, RECORDS RETENTION. In addition to the requirements of Section VII.D, OSP and its duly authorized representatives shall have access, for a period not less than three (3) years, to books, documents, papers and records of the other Party which are pertinent to this Agreement, for the purpose of making audit, examination, excerpts and transcripts. E. NON-ASSIGNMENT. This Agreement, and any claim arising under this Agreement, shall not be assigned or delegated by User either in whole or in part. F. SEVERABLILITY. If any term or provision of this Agreement is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions and applications of this Agreement shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if this Agreement did not contain the particular term or provision held to be invalid. G. WORKERS COMPENSATION INSURANCE. All employers that employ subject workers who work under this Agreement in the State of Oregon shall comply with ORS 656.017 and provide the required Workers' Compensation coverage, unless such employers are exempt under ORS 656.126. .H. HEADINGS. The section headings in this Agreement are included for convenience only, do not give full notice of the terms of any portion of this Agreement and are not relevant to the interpretation of any provision of this Agreement. I. MERGER. This Agreement sets forth the entire Agreement between the Parties with respect to the subject matter hereof. Commitments, warranties, representations and understandings or agreements not contained, or referred to, in this Agreement or written amendment hereto shall not be binding on either party. Except as may be expressly provided herein, no alteration of any of the terms or conditions of this Agreement will be effective without the written consent of both parties. XI. SIGNATURES. OREGON STATE POLICE TIGARD MUNICIP COURT AFFi 1c"'1 IAA-URE HERE By: Te O' onnell By: MICHAEL O'BRIEN Title: Director, LEDS Title: JUDGE / q Date: February 3, 2009 Date: 0� ( I \ This agreement is executed by the Department of State Police pursuant to ORS Chapter 84. Page 7 of 7 Pages — USER AGREEMENT