Loading...
Resolution No. 88-117 CITY OF TIGARD, 3RECO:''. RESOLUTION NO. 88-W1 A RESOLUTION OF THE TIGARD CITY COUNCIL ATIFYYING ND TSE AGREEMINT RURAL FOR 9-1-1 SERVICES CONTRACT BETWEEN THE CITY OF TIGARDFIRE PROTECTION DISTRICT WHEREAS, te City oto ract th ProtectionhDistrict foniaa cost £Nr ssez services l Tgrd basis for theTualatin Rural 9-1-'11 services; and •.e Tualatin Rural Fire Protection District WHEREAS, the City of Tigard aic�+ ��_ mutually agree to the terms of the Agreement. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: ll rovide to the Section 1: The Tualatin Rura; Fire Prote.tasndetailedtin1tnepAgreement for laity ui Tigard 9-1-1 9�ry it�._ A.• ed and referenced as Exhibit 9-1-1 Services which is attach The Mayor and City Recorder are hereby authorized to sign the Section 2: City of Tigard/Tualatin Rural -'ire Protection District Agreement on behalf of the City of Tigard, and the Recorder is further directed to file a copy of said Agreement with the Tualatin Rural Firt Protection District. PASSED: This day of � � r �� __. 1988. ATTEST Mayor - City of Tigard Deputy Recorder - City of igard mh8379D P` RESOLUTION NO. 88- i Page 1 Exhibit "A" AGREEMENT FOR 9-1-1 SERVICES THIS INTERGOVERN-SENTAL CO^PEBATIVE AGREEMENT is made and entered into by and between the City of Tigard (Tigard), a municipal corporation of the State of Oregon, and the Tualatin Rural Fire Protection District (the District), a municipal corporation of the State of Oregon. WHEREAS, Tigard and the District have completed a mutual Cost-of-Services Study for Basic 9-1-1 Services and a methodology for costing future services; WHEREAS, Tigard desires to contract with the District on a Cost-of-Services basis for the provision of 9-1-1 6,ervices; and WHEREAS, the District is agreeable to rendering such services on a Cost-of--Services basis per the terms and conditions hereinafter set forth; and WHEREAS, such contracts are authorized ana provided for under ORS 1:'0.4'_4 et seq. NOW, THE in consideration of mutual promises and covenants herein contained, and contingent upon acceptance by all contractors of 9-1-1 -;ros_ it ; —tvally agreed as follows: 1.0 DUTIES OF THE DISTRICT REGARDING 9-1-1 CALLS 1.1 The District shall provide a 24 hour primary PSAP Basic 9-1-1 Center with sufficient labor and supervision to receive and transfer to the Tigard Police Dispatch Center 9-1-1 calls requesting police services within the corporate limits of Tigard; and to receive and dispatch or transfer to an appropriate dispatch center for dispatch 9-1-1 calls requesting fire and medical services within the corporate limits of Tigard. 1.2 The District shall op—ate and maintain telephone and other equipment and supplies as may be necessary to provide primary 9-1-1 services to Tigard. 1.3 The District shall promptly transfer to Tigard any and all 9-1-1 calls requesting police services; and promptly dispatch or transfer to an appropriate dispatch center for dispatch any and all 9-1-1 calls requesting fire or medical services. 1.4 The District shall promptly conference call with Tigard 9-1-1 calls that require a mutual police and fire and/or medical response. 1.5 The District shall maintain a log and report on a monthly basis: all 9-1-1 calls received; all "held" 9-1-1 c&lis (including mental health, poison center, etc.); all 9-1-1 calls transferred to the Tigard Dispatch Center; and all 9-1-1 fire/EMS calls for the City of Tigard. f` 1 - AGREEMENT FOR 9-1-1 SERVICES 1.6 The District shall provide telephone lock and ring back capability for purposes of telephone trace to identify telephone numbers and addresses for emergency purposes whenrequested by the Tigard Dispatch Center. The District shall notify the City in the event of any planned configuration changes relative to GTE service for ringback and telephone locks. 1.7 The District shall retain control of the rendition of 9--1-1 Primary PSAP Services; the standards of performance, the discipline of 9-1-1 personnel, and other matters incident to 9-1-1 services. 1.8 All persons employed in the performance of 9-1-1 Primary PSAP services and functions pursuant to this agreement shall be District employees. No person employed in the performance of 9-1-1 Primary PSAP Services shall have any Tigard salary, pension, or other status or rights under the provisions of Tigard employment practices or ® poli____: 1-9 Tigard shall not be rsaponsible for any salaries, wages, or any other compensation due to injury or sickness of any District employee. '.09-1-1 OF TIGARD REGARDING 9-1.-1 CALLS 2.1 Tigard shall provide the Districts 9-1-1 center with a desciption of the corporate boundaries of the City of Tigard and shall immediately advise the District's 9-1-1 center concerning any change in such boundaries. 2.2 Tigard shall provide and maintain at its own expense adequate telephone equipment to receive transferred 9-1-1 calls from the District's 9-1-1 center to Tigard's Police Dispatch Center. 2.3 Tigard shall provide and maintain at its own expense adequate telephone equipment on a seven digit telephone number for the hzndling of non-emergency telephone requests for police services directed to Tigard and to conduct normal business. 2.4 Tioard shall furnish and supply all labor, supervision, equipment. and supplies necessary to maintain and carry out the duties of Tigard as hetein described. 2.5 Tigard shall maintain a log of all 9-1-1 calls received from the District at the Tigard Dispatch Cnnter, detailing the city of origin of each 9-1-1 calls and shall make the log available to the District on a monthly basis. 4 2 - AGREEMENT FOR 9-1-1 SERVICES 3.0 ADVISORY COMMITTEE 3.1 An intergovernmental Advisory Committee shall be established by the District with representatives from each jurisdiction receiving 9-1-1 service. This committee shall ba responsible for assisting in the establishment and review of operating procedures relating to 9-1-Z service; establishing plans, add-,essing technir_al, operational, and financial concerns to promote the most cost effective service; and establishing public education programs for usa of the 9-I-1 procedure and approving recommendations for equipment upgrades, changes or upgrades to the level of service. DISPUTES 4.1 Disputes or conflicts regarding the provision of 9-1-1 services which cannot be handled at the City Designee/9-7.-1 Center Director aevel shall be resolved by mutual agreement of the Chiefs of the Tigard Police Department and the Tualatin Fire Protection District. Di�pures or conflicts regarding the provisions of 9-1-1 services 4.2 -�ut;.a avreement of the Chiefs of the which cannot be resolved by Tigard Police Department and the Tualatin Rural Fire P Cityand District sball be submitted to the governing bodies of the odies may the District who shall mediate the issue. The governing to facilitate the resolution agree to utilize a neutral third party of any dispute or contract. 5.0 PAYMENT x5.47 for each 9-1-1 5.1 The District ailt charaDis arch nd Tigard Center for police dispatch within call transferred to TigardP the the corporate limits of Tigard, for each 9-1-e cdispatchatcentery for District or transferred to an appropriate dispatch for fire or medical services within the corporate limits of Tigard; and for a proportional share o; the total "held" Balls based on the proportion of calls Dispatch far police transferred to Tigard nd the calls within the ccrporate its of Tiaasd t for fires patched or'medical lim or transferred to another agency for - Pa services within the corporate limits of Tigard compared to the total calls requiring dispatch by anv PSAP served by the District's 9-1-1 Canter. 5.2 in no case shall the quarterly payment. for 990 percentcof theedollar percent nor shall said payment be less than 4Q p of the state collected and amount of the quarterly 9-1-1 receipts distributed 9-1-1 funds distributed to the City. 5.3 payment for this service will be made on a quarterly basis within 10 unds working days after the disbursement of state collected as scribed and upon receipt by Tigard of the District's 9-1-1 log The by 1.5 above fartothbeguaradeter at for he end ofpayment the first quarte made.is to be Theafter the Yfirst payment effective date of this agreement. The District shall not disrupt 9-1-1 service for Tigard's failure to pay without 3Q days written notice. 3 - AGREEMENT FOR 9-1-1 SERVICES 5.4 Any costs associated with the upgrade of equipment, changes in procedure or urgrades in level of service approved by the Advisory Committee shall be tle responsibility of the governmental entities receiving the benefit. The stare of costs shall be determined by the Advisory Board based on the total 9-1-1 calls as determined in 5.1 of this agreement. 6.0 HOLD HARMLESS 6.1 The District hereby covenants and agrees to defend and to hold and save Tigard, its officers, employees, and agents harmless from all claims whatsoever that may arise against Tigard, its officers, employees, or agents by reason of any act of the District, its officers, employees, or ageq[s in the performance of the duties required by the terms of this agreement. 6.2 Tigard hereby covenants and agrees to defend and to hold and save the District, its officers, employees, and agents harmless from all claims whatsoever that may arise against the District, its officers, employees, or agents by reason of any act of Tigard, its officers, emolovees, or agents in the performance of the duties required by the terms of this agreement. 6.3 The District and Tigard mutually covenant and agree that neither party will insure the actions of the other, but rather each party will assume its own responsibility in connection with any claims made by a third party against the District and/or Tigard. 6.4 The District snd Tigard agree that nothing contained in this agreement is intended to limit the remedy, if any, of either party against the other party, including claims under subrogation agreements with the party's insurance carrier to recover for damages to property or injury to persons caused by a party's negligence. 7.0 EFFECTIVE DATE AND RIGHT TO TERMINATE 7.1 The District and Tigard agree that this agreement shall be effective for a period of 12 months, commencing at 12:01 a.m. on the first day of July 1988, and expiring at MIDNIGHT on the last day of June 1989. In the event that, either party desires, to kerew this contract upon the expiration thereof, the party so desiring shall notify the other party at least one hundred and eighty (180) days prior to expiration of the agreement. Within ninety (90) days after receipt of such notice, the parties shall review the compensation and any other provisions hereof, and agree to renew the agreement as it may be modified. If agreement cannot be reached, the contract will terminate as provided above. 7.2 This agreement may be terminated by either party without cause upon ninety (90) days prior written notice. 4 AGREEMENT FOR 9-1-1 SERVIr`'S 8.0 WHOLE AGREEMENT 8.1 Other than as specifically described herein, this contract contains the entire agreement between the parties and supersedes any and all other agreements, written or oral, expressed or implied, pertaining to the subject matter hereof. 8.2 This contract is subject to all applicable public contracting laws, municipal finance, and constitutional and charter debt limitations of the parties and of municipal corporations generally, and is subject to funds being apprapriated thereof. IN WITNESS WHEREOF, the parties have caused this agreement to be executed by the duly authorized officers on the dates hereinafter written. CITY OF TIGARD TITATATTN RURAL FIRE 'PROTECTION DISTRICT ;ly: 77 SY Tom Brian Larry Goff Mayor, City of Tigard Chairman Date: .fie-)1bt1 f� 1og�g Date: Attest:-- 2L - '�v�.}.t?,�_ Attest: City Recorder1 r-- Approved as to Form: Approved as to form: - Czty Attorney Attorney, TRFPD (ke/8356D) 5 - AGREEMENT FOR 9-1-1 SERVICES