Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Portland - RegJIN Participant ~
T R [ M E T COPY January 29, 2009 Cynthia LPhillips , .;.jrdan Schrader Ramis PC 2 Centezpointe Drive,6th Flour Lame Oswego, OR 97035 Rec, Intergovernmental Agreement for WES Wireless Communication Activities at Canterbury Lane Facilities Dear Cindy: Enclosed is one (1) fully executed original of the above-referenced agreement for the City of Tigard. Thank you again for all of your efforts in completing this transaction. Very truly yours, Tarna H.Lesh I ep ty General Counsel Enc. cc: John Swiecick(w/o enc.) Tri•County'Metropolitan Transportation District of Oregon # 710 NE Holladay Street,Portland,Oregon 97232 503.238-RIDE w TTY 503-238.5811 • trimet.< 7�,I AL INTERGOVERNMENTAL AGREEMENT FOR WES WIRELESS COMMUNICATIONS ACTIVITIES AT CANTERBURY LANE FACILITIES This INTERGOVERNMENTAL AGREEMENT ('Agreement"), effective as of December 1, 2008, is entered into by and between the City of Tigard ("Tigard"), Washington County Consolidated Communications Agency ("WCCCA") and the Tri-County Metropolitan Transportation District of Oregon ("TriMet"). RECITALS A. In 1993, the Cities of Tigard, King City and Durham and the Tigard Water District entered into Intergovernmental Agreements for delivery of water service to Tigard, King City and Durham (the "1993 IGAs"). The 1993 ICAs designated the City of Tigard to be the manager of certain assets, including but not limited to the real property located at 10310 SW Canterbury Lane,Tigard, Oregon (the"Property"). B. In 2007, the Tigard Water District, City of Tigard, City of Durham and City of King City (together, the "Tenants in Common") entered into a Tenancy in Common Agreement ("TIC IGA!') and the Tenants in Common became joint owners of the Property. Consistent with the 1993 IGAs, the TIC IGA authorizes Tigard to manage the Property and, as Property Manager, to perform all services and duties as set forth in the 1993 IGAs. C. Pursuant to a Communications Facility Site Lease dated December 13, 2005 the Tenants in Common currently lease an approximate 1,500 square foot portion of the Property to WCCCA for the purpose of erecting and operating thereon a radio communication tower, building, fencing and associated facilities (the "Communications Facility"). D. The Communications Facility consists of, among other things, one Monopole tower (the "Tower") and one equipment shelter (the "Shelter") suitable for the transmission of wireless communication signals, as-depicted on the attached Exhibit A (the 'Site Plan"). The Communications Facility is owned by WCCCA. E. TriMet is in the process of constructing a commuter rail line between Beaverton and Wilsonville, Oregon, known as the "Westside Express Service" or "WES". WES is scheduled to open for revenue service in February 2009. Tigard, as manager, and WCCCA, as Lessee, desire to facilitate wireless communications activities for WES from the Tower and Shelter located on the Property. F. Prior hereto, Tenants in Common and WCCCA granted TriMet a Right of Entry to construct improvements relating to the WES commuter rail project. As of the effective date hereof, all of TriMet's rights and obligations under the Right of Entry are extinguished, and the relationship of the parties with respect to wireless communications activities for WES shall be governed solely by this Agreement and any agreement that WCCCA and TriMet enter into pursuant to Paragraph 11.A below. G. Tigard, WCCCA and TriMet are authorized to enter into this Agreement by the authority granted in ORS 190.110. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT I ANTENNA: For purposes of facilitating wireless communications activities for WES operations, Tigard, as property manager (hereinafter "Tigard"), and WCCCA hereby authorize TriMet to mount one (1) antenna approximately twenty feet (20') in length at a location to be agreed upon by WCCCA and TriMet at a mounting elevation of 100 feet (100') above ground level (the "Antenna"). The Antenna shall be mounted at TriMet's sole cost and expense, and subject to and consistent with the tower drawing and equipment description included in the Exhibit A Site Plan attached hereto. 2. FEED LINE: For purposes of facilitating wireless communications activities for WES operations, Tigard and WCCCA hereby authorize TriMet to install one (1) run of 7/8" or 1/2" Andrew Heliax or equivalent feed line from the Shelter to the Antenna (the "Feed Line"), The Feed Line shall be installed using wave-guide boots and or cushions/clips every three feet (3') (where applicable) to support the cables and shall be grounded at no less than three (3) locations, as follows: (i) not less that three feet (T) from the Antenna; (ii) above the radius to the ice bridge; and (iii) via a ground lead directly from the lightening arrestor just inside the building cable entry port as required by Motorola R56 Standards. Installation of the Line feed shall be at TriMet's sole cost and expense. 3. RACKS AND EQUIPMENT: For purposes of facilitating wireless communications activities for WES operations, Tigard and WCCCA hereby authorize TriMet to install the following racks and equipment inside the Shelter ("Racks and Equipment"): One (1) 2-foot by 2-foot by 7-foot by 19-inch wide (2' x 2' x 7' x 19" wide) open rack to contain the WES receiving, transmitting and network routing equipment. All equipment mounted in the rack must be mechanically and seismically secured. The rack will be anchored to the floor per R56 standards. Installation of the Racks and Equipment shall be at TriMet's sole cost and expense. In the event WES operations call for any equipment different from the Equipment specified above, the prior written consent of Tigard and WCCCA shall be obtained. 4. OUTLETS: The parties understand that a central 120 Volt AC power source is already provided within the Shelter (Breaker Panel). For purposes of facilitating wireless communications activities for WES operations, Tigard and WCCCA hereby authorize TriMet to install dedicated 15 or 20 amp outlets as required to support the WES Equipment. If an additional surge protected outlet strip is used it must be mechanically secured to the rack and grounded. The total current drawn may not exceed 10 amps per 15 amp circuit or 15 amps per 20 amp circuit. Conduit and or cabling as required will meet or exceed the NEC and City of Tigard Electrical codes. Installation of the outlets, conduit and cabling shall be at TriMet's sole cost and expense. 5. TELEPHONE COMMUNICATIONS: For purposes of facilitating wireless communications activities for WES operations, Tigard and WCCCA hereby authorize TriMet to provide access to telephone communications via existing telecommunications wiring located in the Water Bureau building on site. All costs for installation, operation, use and maintenance are solely the responsibility of TriMet. All installations must be pre-approved by Tigard. 6. GROUNDING SYSTEM: The parties understand that a central grounding system is already provided within the Shelter overhead. For purposes of facilitating wireless communications activities for WES operations, Tigard and WCCCA hereby authorize TriMet to shall install one ground wire of green sheathed #2 stranded copper wire between the all of the WES Equipment and from the Rack to the central Ground halo at the nearest point to the Equipment. Installation of the ground wire shall be at TriMet's sole cost and expense. 7. DESIGN: WCCCA acknowledges that it has reviewed the WES wireless communication design prepared by Day Wireless Systems, a copy of which is attached hereto as Exhibit A (the "Design"), and agrees that the Design will satisfy each of the requirements set out in Paragraphs 1 through 6 above. 8. USE: The WES use of the Property shall be limited to operating and maintaining the Antenna, Equipment and related facilities described in Paragraphs 1 through 7 above (the "Related Facilities"), and transmitting communication signals in frequencies licensed to TriMet or the Portland & Western Railroad, Inc. ("P&W") by the Federal Communications Commission. The Shelter shall be used solely for the purpose of housing the Rack and Equipment and shall not be occupied on a regular basis except as is necessary to maintain and operate the Equipment. WCCCA and TriMet shall comply with all laws and regulations of federal, state, county, and municipal authorities applicable to the Property. WES wireless communications activities shall be conducted in such a manner that they will not interfere with, annoy, or disturb WCCCA in the operation of its equipment and transmission facilities. 9. TERM: The term of this Agreement shall commence on January 1, 2009 and shall continue through the expiration of the primary term of the Communication Facility Site Lease on December 12, 2015. Subject to like renewal of the Communication Facility Site Lease, this Agreement shall be renewable for additional terms of not less than five (5) years upon joint agreement between the parties at any time on or before December 12, 2015. 10. PAYMENT: In consideration for the facilitation of wireless communications activities for WES operations as described herein, TriMet shall pay to Tigard the sum of One Dollar ($1.00) per year, and shall pay to WCCCA the sum of One Hundred Twelve Dollars ($112) per year. Payments shall be made in advance, without notice or demand, on or before the first day of each year so long as this Agreement is in effect, at such place as maybe designated from time to time by Tigard and WCCCA, 3 e respectively. The first such payment shall be due and payable on February 1, 2009, and shall be for the period from February 1, 2009 through January 31, 2010. Subsequent payments will be made prior to February 1 of each year, and shall be annual amounts for the period of February 1 through January 31 of each successive year of this Agreement. 1'1. OWNERSHIP AND OPERATION OF THE ANTENNA AND EQUIPMENT: A. WCCCA; shall own and operate the Antenna, provided that WCCCA's operation of the Antenna shall be subject to further agreement between, WCCCA and TriMet. B. TriMet shall own and operate the Rack and Equipment. 12. RELATIONSHIP OF THE PARTIES: Each of the parties hereto shall be deemed an independent contractor for purposes of this Agreement. No representative, agent, employee or contractor of one party shall be deemed to be an employee, agent or contractor of the other party for any purpose, except to the extent specifically provided 'herein. Nothing herein is intended, nor shall it be construed, to create between the parties any relationship of principal and agent, partnership,joint venture or any similar relationship, and each party hereby specifically disclaims any such relationship. 13. NO THIRD-PARTY" BENEFICIARY: Except as set forth herein, this Agreement is between the parties and creates no third-party beneficiaries. Nothing in this Agreement gives or shall be construed to give or provide any benefit, direct, indirect or otherwise to any third parties unless such third party is expressly described as an intended beneficiary under this Agreement. 14. LIABILITY AND INDEMNIFICATION: A. Except to the extent caused by Tigard or WCCCA, or either of their employees or agents acting within the scope of their employment, neither Tigard nor WCCCA shall be liable for injury to or death of persons or damage to property occurring upon or around the Antenna, Equipment or Related Facilities, or for economic loss incurred by TriMet on account of or relating to the Antenna,, Equipment or Related Facilities or the use thereof. B. To the fullest extent permitted by law, each of the parties agrees to promptly indemnify, protect, defend and hold harmless each of the others and their officers, directors, employees, agents, successors and assigns (collectively, the "indemnitees") from and against any and all expenses and costs (including, without limitation, sums paid in settlement of claims, attorneys' fees, consultant fees and expert fees and court costs) which arise or result from the negligent acts or omissions of the indemnitor, its officers, employees, or agents under this Agreement. 4 15`. CASUALTY: In the event of damage by fire or other casualty to the Antenna, Equipment or Related Facilities that causes them to be unsuitable for the use authorized by this Agreement, this Agreement shall be terminated without recourse for any party.. 16. ZONING: TriMet shall have responsibility for applying for and obtaining all permits and governmental consents, including zoning variances, if any, required for the facilitation of wireless communications activities for WES operations as described herein. 17. NO REPRESENTATIONS BY TIGARD OR WCCCA: Tigard and WCCCA have made no representation or promises with respect to fitness of the Property for facilitation of wireless communications activities for WES operations, except as expressly set forth herein_ 18, EARLY'TERMINATION OF AGREEMENT A. Tigard, WCCCA and TriMet may, by mutual written agreement, terminate this Agreement at any time, B. Tigard, WCCCA or TriMet may terminate this Agreement in the event of a breach of the Agreement by another party hereto. Prior to such termination, however, the party seeking the termination shall give the other parties written notice of the breach and of the party's intent to terminate. If the breaching party has not cured the breach within thirty (30) days of the notice, or if such cure cannot reasonably be accomplished within 'thirty (30) days, has not commenced a cure within such period, then the party giving the notice may terminate the Agreement at any time thereafter by giving a written notice of termination. C. Upon the termination hereof, TriMet shall remove the Racks and Equipment from the Shelter. 19. NOTICES: All notices, requests, demands or other' communications provided for or permitted or required by this Agreement shall be deemed given and received upon the earlier of actual delivery in writing to the following address or three (3) days after such shall be deposited in the United States Mail, postage paid by registered or certified mail, return receipt requested, addressed as follows Tigard: Dennis Koellermeier, Public Works Director City of Tigard Public Works 13125 SW Mall Blvd. Tigard, OR 97233` WCCCA Director WCCCA P.O.. Box 6375 Beaverton, OR 97007 TriMet Neil McFarlane, Executive Director TriMet 710 NE Holladay Street Portland, OR 97232 20. LAWS AND REGULATIONS: A. The Parties agree to abide by all applicable laws and regulations in carrying out this Agreement. B. At WCCCA's reasonable discretion, WCCCA shall have the option to reduce power or completely cease transmissions to comply with any applicable laws or regulations pertaining to human exposure to non-i6nizing electromagnetic radiation during periods of Tower maintenance, repair, inspections, re- lamping, or painting. C. WCCCA and TriMet shall at their sole cost and expense comply with all rules and regulations of any governmental agency with applicable jurisdiction in connection with the conduct of their activities, and the maintenance and operation of the Equipment. 21. OREGON LAW, DISPUTE RESOLUTION AND FORUM: A. This Agreement shall be construed according to the laws of the State of Oregon. B. The parties shall negotiate in good faith to resolve any dispute arising out of this Agreement. If the parties are unable to resolve any dispute within sixty (60) days, the parties are free to pursue any legal remedies that may be available. C. Any litigation between the parties arising under this Agreement shall occur, if in the state courts, in the Washington County Circuit Court, and if in the federal courts, in the United States District Court for the District of Oregon located in Portland, Oregon. 22. INSPECTION OF RECORDS: Each of the parties shall have the right to inspect, at any reasonable time, such records in the possession, custody or control of the other parties as it deems necessary for review of the other parties' obligations and rights under this Agreement. The cost of such inspection shall be borne by the inspecting party. 23. SUCCESSORS/NO ASSIGNMENT: The benefits conferred by this Agreement, and the obligations assumed hereunder, shall inure to the benefit of and bind the successors of the parties. The rights and obligations of each party under this Agreement may not be assigned in whole or in part without the prior written consent of the other parties. 6 24. INTERPRETATION OF AGREEMENT: This Agreement shall not be construed for or against any party by reason of the authorship or alleged authorship of any provision. The paragraph headings contained in this Agreement are for ease of reference only and shall not be used in constructing or interpreting this Agreement. 25. WAIVER AND AMENDMENT; No waiver of any portion of this Agreement and no amendment, modification or alteration of this /4greement shall be effective unless in writing and signed by the authorized representative of all parties. Acceptance or acquiescence in a course of performance rendered under this Agreement will not be relevant to determine the meaning of this Agreement and no waiver by a party of any right under this Agreement will prejudice the waiving party's exercise of the right in the future. 26. SURVIVAL AND SEVERABILITY: Any provisions of this Agreement which require performance subsequent to the termination or expiration of this Agreement shall survive such termination or expiration. Should any provisions of this Agreement be determined invalid by a court of competent jurisdiction, those provisions shall be severed, and the remainder of this Agreement shall remain in full force and effect. 27. ATTORNEY FEES; If suit or action is instituted in connection with any controversy arising out of this Agreement or to enforce any of the obligations set forth herein each party shall be responsible for their own attorney fees, including attorney fees on any appeal. IN WITNESS WHEREOF, the parties have executed this Agreement as of the effective date first written above. CITY OF` D, Property Manager By. Nam nf1r2 Title: •Sue- Date: z=/10--c I WASHINGT O TY CONSOLIDATED COMMUNICATIONS AGENCY By: aul age, Director Date: ' - ' TRI-COUN M TROPOLiTAN TRANSPORTATION DISTRICT OF OREGON By NAWPA---- e,)icFaflane, Executive Director Date; 7 Debbie Manning From: Lisa Shaw Sent: Tuesday, April 24, 2018 4:28 PM To: City Records Cc: Jamie Greenberg; Julia Jewett Subject: RegJIN IGA withdrawal letter proof Attachments: RegJIN Withdrawal letter - certified and return receipt - April 2-2018.pdf; RegJIN - return reciepts - April 5 2018.pdf Hi Debbie, As we discussed, can you please save these documents with our RegJIN IGA?As per Master IGA provision section 11(f) and section 16 of Tigard's Participant IGA,the City of Tigard has formally withdrawn from the RegJIN partnership.These provisions state: • 11(f)The participant must provide at least 180 days written notice to withdraw from RegJIN and may only leave on January 1St of any given year • 16 The termination must be provided in writing and sent by US certified mail with return receipt The City of Tigard has officially serviced the termination letter via the proscribed method.The first attachment includes documents that were mailed to the appropriate RegJIN parties.The second attachment are the signed return receipts demonstrating proof that the documents were received. Titles impacted: • Master Agreement Regional Justice Information Network(RegJIN)—City of Portland • RegJIN Participant Intergovernmental Agreement Regaional Partner Agency—Full Entry—City of Portland and City of Tigard End Date:January 1, 2019 Please let me know if you need any further information.Thank you. Lisa, S ha Rohcv,"�Dep"mItIlIc"Ot Business Manager DIRECT 503-718 2554 r FMAft Cky(,'+f11 acrd Il mtICT rwEPAI"'NCENT 13125 SW I°WH Boulevard„'1°Bard, OR 97223 I CII 1111 11:11 II mauls senor irec6uved IIDy Cl1y o:: Il..iip ird eimlslltsyees are subped� qts I)UNllk, irecord haws req uesged e...ima� lil may II.De 6sbused qts andher paily pailuiNess exeirgA fi,oim 6sb osuirA under Oregon IlVN k, IlRecords IIawIl mai lls are reawned lDy dlhe Cl1ni` Il pard in cnirr:l"rlllan e Mflh flhe Oregon Adimnu sdir five IIROes "Cutty Geu eirau 11 IhRecords IlReenf on Cched'Oe 1 City of Tigard April 2,2018 City of Portland RegJIN User Board Chair Portland Police Bureau 1111 SW Second Avenue,Suite 1156 Portland, OR 97204 City of Portland RegJIN System Manager Portland Police Bureau 1111 SW Second Avenue, Suite 1156 Portland, OR 97204 DELIVERED BY CERTIFIED FIRST CLASS MAIL, POSTAGE PRE-PAID, RETURN RECEIPT REQUESTED Dear RegJIN User Board Chair and RegJIN System Manager, Please accept this letter as formal notice that the City of Tigard Police Department will withdraw from the Regional Justice Information Network (RegJIN) effective January 1, 2019, in accordance with the Master Intergovernmental Agreement for the User Board of the Region Justice Information System (RegJIN), section 11(F) and section 16 of Tigard's RegJIN Participant Intergovernmental Agreement Regional Partner Agency. Sincerely, tli McAlpiric Marty Wine Chief of Police City Manager 13125 5W Hall Blvd. * Tigard, Oregon 97223 * 503.639.4171 TTY Relay: 503,684.2772 0 www,tioard-or.gov TM Postal Service CERTIFIED MAILORECEIPT ruDomestic FU rn m .`� .S! ,.Ll. Certified Mail Fee n � Ln 6.Se &Fees{chedfrbox,add fea e '' ❑RetumRecalpt(hardcap)) $— [-]RetumED Receipt{elecbortic} $.— 3.45 Postmark ❑Cartified Mall RestHcted Delivery S, Here © ❑Adult Slgneture Required $ 2.75 ❑Adult Signature Restricted Delivery$_ Postage 0.47 e Totat Postage and Fees I"f.J f'!.l 6.67 S Sent To f A d ireatdApt No.,or AO enx Afa. City,Stare,71P+4 k10 ZON bCq o G 4 bn o illi ° o a 0 � o a r--, per Ln . O O U t) r� a � � rnanNOse� Q Q o } Z x ro —7 ❑❑ m vL'Vq a d ter= 2 m2 of ❑ w' 'm vim EL Mg 0 G a U a. Cc 0-0 U5 Co m °� v d O ❑❑❑ Q ❑❑ iE08NdV`UU8E110 Sd • m 4 IOJ Sd MW 4dJas99 a ? 8E uuad Sd aFaldwoo rs Iu Iod uolsrah Ola040sia 72 a retl a zsanbal ueo noA $ o 'm c I6ulpnloulyluan!l9PP c y d [L ° aOIAlO9}dla0OJ wnlab- v ¢ :saOlnlas OulMoll0l ala Z aw ata uo;umasiopua J o m } o ae'aal leunniPAe Lie 1o9 LD ■ Y � m m (D i -m v 5 o ua�l H W 4UO?1d uM'83 } } m 5 1d`"a Q'�'m - 5 qne aZen o aauelnsur C m W W m O OS \I C U 0065-0.2 01lnlas I!EJN p894ta0 10 { N u1 u}_: u` i Alas a m . --- N 33 a ! !!W pay!ua�4R • Q x vj¢¢ t!v sI afielanOO aauelnsuJ■ j ew uO riO❑❑❑❑❑I % slaOIJU ,BS OWP41Mm 1 ru j mt W d l iZ aOrnlas !e uop 10 i ry l /] `15f1d'mlleW s8e13-181Li J m po asepind kw noA■ ami L o m wapurruatf�ueuodwi Q �n a i, papod pa�oads a 10l n7l Y' N -0 0 ulelal s!Ing lalnleubisCOme o Ca Lr) m DUD Rlanllap to ploaal y■ I.� J m pu04eo4uanOILIOIPard■ s N Y fj Q J - N � o d 10j SaJI luepJ anhlua y■ [ W 0 cO � i f �� N m � z n u0alod sly 1dlaOal V■ co c a) 4) ' J "o o I[dew pai�i}�aO cv aE J b er a? © o r co o N C,) E Ey ( Cy r0� c� ru -5 -p w C oU p 0 to E c*. ca o o coL 'r ■ ■ ■ CQ L I , 1 Postal Service" CERTIFIED MAILO r ■ Ln Ln rl..lrLi Domestic M m ItiFordelivery �^ ,•� �G Certified Mail Fee r E• Er $ In L1 Extra Services&Fees(check Sax,add fee -- �® p [I Return neceipt(hwdoopy) $ C3 = ❑Return Recelpt(electronlc) $_. 3.45 Postmark ©Certified Mall Restdcled Deflvery $ 5 Here 17-1 ❑Adult Signature Required $� []Adult Signature Restricted Delivery$ OAT O C7 Postage 1:0C❑ $ `u f-U Tofal Postage and Fees 6.67 s I C- Sent To � � Sfr�eetNdApt.No.,orPCBox No. -� ••- U1_Sv j_Sec_o1"A.-_�`r- Sc� tt K��o G14S state,Z1P+4° s--t-� -•--•••- 'L C)11 m r "rO 'O NN ,mow -� t- � � C) 0=5 U o v' O 4-4 PLI o 114 ° tp U 0 � P. EE ft - N 0 •�� d a Q N O.{ w d u ¢Q o Z � —22 Qm o �Q � n LpJ v ❑0 11 N © sC G Ee'9 'LS 16 e 5 } 1aZ PdV'008E u°a sa m m E o ac M m�o¢ E . uSd 4oege:�dra,�ad a� 000 ❑ ❑o o IE�WOA Sd alaldwoo • n ❑ ;d•uolwaanluot}aala &4 a}sanbai ueo naA bulpnlaul}fdon!IaP ja r m a a m L alnuas}dlaaai MOM- Z o $ y o :sanluas 6ulnnopo}au} tl p v m n, w a4}uo}uawaslopua t y o $ o C e`aa}laua41PPe ue and■ n ¢ o lel!I1eW fgpoud ule>Jao P-- r no aneiaeoo aoueinsul o ° C ¢ m m y J c lnluas IIeW P9941a5 fo m ro Z m sa,D. ¢v a Tj lues Im Pa411iao 44m pj ~ c a o �) o I sl aneJanoa aauemsul r (D o 0.0 o o ew Euo euia}ul cq CC -:5,5 r,.•e Sl as}rues Ipw polE4ia3■ wr 6-6 [o ¢¢U Lei V .`� > ruluas I!SVJ 14POPd ao M❑❑❑❑❑❑ / eGi •Isju�zl!uvg SPIO-py Nei asgoind hew noA■ f❑ &rapufwaffjueliodurj til m co i�- •popedpagloadseJo} dy J, L`- o a u.14 sl}uu}{eHgeu6ls Rio f JaallaP to panaj y■ � R. � � � � r .tl ¢ � •�anllaA r m CS /� J ❑" [aai i9g Wapl enblun V r CD + : b uo9rod elLM}dlasar y r Q o o S - t` a , liew cC y y -6 ^^ N y i� z Fi CD ca 0- co LO Ncn v E O ° V 7 i� - Cf) c ru ? cA r cu p7 +� to ��- J CV E E f9 lC vii..�^ �" -y N _ T- O v0 � � I �r♦ Cn .Q r 01 Cl) a V O f` CQ U Cf)to E3 a 'C lL d UriN ¢ `ardu 4 ¢ L♦ r N IL i COMPLETE THISSECTION ON DELIVERY SENDER: COMPLETE THIS,SECTION ■ Complete items 1,2,and 3. A. Ignatur ef ■ Print your name and address on the reverse r_i Agent so that we can return the card to you. 11 Addressee ■ Attach this card to the back of the mailpiece, Receiv (Printed Name) C. a of elivery or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes 0-v-, If YES,enter delivery address below: ❑No Rc��\1J User soc a C'\ akr- Il IIII'I I'll III I III I I I II I III I I II IIII I II III III 3. Service Type 13 Priority Mail Express ❑Adult Signature ❑Registered MaIITM ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted 9590 9402 3366 7227 4053 20 ❑Certified MailC�l Delivery ❑Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise ❑Collect on Delivery Restricted Delivery ❑Signature Confirmation""' 2. Article Number(transfer from service label) _. -Rail ❑Signature Confirmation 7 017 2680 0000 5966 7332 nail Restricted Delivery Restricted Delivery PS Form 3811,July 2015 PSN 7530-02-000-9053 J k.,\\c, j e-vvc7ft \7 Domestic Return Receipt � � s e ON DELIVERY FRe ■ Complete items i,:2 and 3. Agent ■ Print your name and address on the reverse 0 Addressee so that we can return the card to you. y(Printed Name) C. el very ■ Attach this card to the back of the maiipiece, or on the front if space permits. 0 Yes to: D. Is delivery address different from item 1. Article Addressed to: 1? �k y o+ 01 If YES,enter delivery address below: ❑No .tAAA.- 3. Service Type ❑Priority Mail Express® lII'III'I IIII lllllil I it Ill lllli ll IN IIII II Ill ❑Adult Signature ❑Registered Mail"M ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted ❑Certified Mail@ Delivery 9590 9402 3366 7227 4053 13 ❑Certified Mail Restricted Del'nrery ❑ReturnMerrchch Receipt for andise ❑Collect on Delivery ❑Signature ConfirmafionT"' ❑Collect on Delivery Restricted Delivery .❑Signature Confirmation 2. Article Number(rransfer'from service label) Mail Restricted Delivery Mail Restricted Delivery 7017 2680 0000 5966 7325 ; 1 PS Form 3811,July 2015 PSN 7530-02-000-9053 J i\� J C-Q'Q.-t Domestic Return Receipt I RegJIN PARTICIPANT INTERGOVERNMENTAL AGREEMENT REGIONAL PARTNER AGENCY— FULL ENTRY This Intergovernmental Agreement ("Agreement') is made effective on ("Effective Date") by and between the City of Portland, a municipal corporation of the State of Oregon, and its successors or assigns (hereinafter referred to as "City) and City of Tigard (hereinafter referred to as "RPA"), a(n) municipal corporation, by and through their duly authorized representatives. Authority to enter into the Agreement is pursuant to Oregon Revised Statues ("ORS") 190.003. This Agreement may refer to the City and RPA individually as a "Party" or jointly as the "Parties." This Agreement shall be perpetual and remain in effect unless otherwise terminated per the terms of this Agreement. RPA Contact: City of Portland Contact: _Lieutenant David Frisendahl_ Captain John Brooks Tigard Police Department_ Portland Police Bureau Records Division 13125 SW Hall Blvd 1111 SW 2"d Avenue #1126 Tigard,OR 97223 Portland, OR 97204 TEL: _(503) 718-2567_ TEL: (503) 823 - 0056 E-MAIL: _David.Frisendahl cr,tigard-ongov_ E-MAIL: iohn.brooksCcDportlandoregon.gov RECITALS WHEREAS, the City has acquired a law enforcement Records Management System ("System") to maintain a multi-agency, multi-jurisdictional set of law enforcement applications and associated databases; and WHEREAS, the City and the RPA are both signatories to the Intergovernmental Agreement for the User Board of the Regional Justice Information Network (RegJIN); and WHEREAS, the RPA is an Entry RPA as defined in the Intergovernmental Agreement for the User Board of the RegJIN and herein; and WHEREAS, the RPA desires to fully use the System; and WHEREAS, the City and the RPA desire to enter into this Agreement and being fully advised; and NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 1. DEFINITIONS: Page 1 of 16 City Attorney 12/2014 The following is a definition of terms used herein: A. "Access" means the authority granted by the City to the RPA's Authorized Users to review or receive information from the System. B. "Agreement" means this Participating Intergovernmental Agreement and all the Terms and Conditions, including all the documents referenced in the Order of Precedence. C. "Amendment" means a written document required to be signed by both Parties when in any way altering the Terms and Conditions or provisions of the Agreement. D. "Authorized Use" means functions and capabilities that a User is assigned and able to perform based on User ID and Password, as established by a System Administrator. E. "Authorized System User' means any User that has passed the authentication process of the System and is thereby authorized to Use the System's functions and components based on the permissions established by that User's credentials (User ID and password, fingerprints, etc.). F. "City Confidential Information" means any information, in any form or media, including verbal discussions, whether or not marked or identified by the City, which is reasonably described by one or more of the following categories of information: (1) financial, statistical, personnel, human resources data or Personally Identifiable Information as described in the Oregon Consumer Identity Theft Protection Act of 2007; (2) business plans, negotiations, or strategies; (3) unannounced pending or future products, services, designs, projects or internal public relations information; (4) trade secrets, as such term is defined by ORS 192.501(2) and the Uniform Trade Secrets Act ORS 646.461 to 646.475; (5) Exempt per ORS 192.501 and/or ORS 192.502 (6) attorney/client privileged communications, (7) exempt per federal laws (including but not limited to Copyright, HIPAA) and (8) information relating to or embodied by designs, plans, configurations, specifications, programs, or systems developed for the benefit of the City including without limitation, data and information systems, any software code and related materials licensed or provided to the City by third parties; processes; applications; codes, modifications and enhancements thereto; and any work products produced for the City. G. "Confidential Information" means any information that is disclosed in written, graphic, verbal, or machine-recognizable form, and is marked, designated, labeled or identified at the time of disclosure as being confidential or its equivalent; or if the information is in verbal form, it is identified as confidential or proprietary at the time of disclosure and is confirmed in writing within thirty (30) days of the disclosure. Confidential Information does not include any information that: is or becomes publicly known through no wrongful or negligent act of the receiving Party; is already known to the receiving Party without restriction when it is disclosed; is, or subsequently becomes, rightfully and without breach of this Contract or any other agreement between the Parties or of any applicable protective or similar order, in the receiving Party's possession without any obligation restricting disclosure; is independently developed by the receiving Party without breach of this Contract; or is explicitly approved for release by written authorization of the disclosing Party. H. "Cost Allocation Formula" means the Plan, adopted by the City based on Page 2 of 16 City Attorney 12/2014 recommendations by the User Board that apportions capital, operation, maintenance, repair and equipment replacement costs and use of grant funding among the Entry RPAs and Inquiry Only RPAs. The Cost Allocation Formula may be amended as provided for in the User Board Master IGA. I. "Criminal History Record Information" means information collected by criminal justice agencies and stored or available through the System on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, information, or other formal criminal charges and any dispositions arising therefrom, including, but not limited to sentencing, correctional supervision, and release. J. "Criminal Justice Information" means information collected by criminal justice agencies that is needed for their legally authorized and required functions. This 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. K. "Days" shall mean calendar days, including weekdays, weekends and holidays, beginning at midnight and ending at midnight twenty-four hours later, unless otherwise specified by the Agreement. L. Defects means one of the five types of Defects listed below and as outlined in Exhibit E, RegJIN Support Model, Figure 1: 1) "Material Defect' means an Error that impairs the Products as described in Critical Defect and for which no fix is available or forthcoming. 2) "Critical Defect' means an Error as defined in the System maintenance and support agreement between the City and the System Contractor and at least 25% of the User base of the Production System are impacted in the same manner as defined in the System maintenance and support agreement for a Critical Defect. 3) "High Defect' means an Error as defined in the System maintenance and support agreement between the City and the System Contractor and at least 25% of the active User base of the Production System and/or Hot Standby System environment are impacted in the same manner as defined in the System maintenance and support agreement for a High Defect. 4) "Medium Defect' means an Error as defined in the System maintenance and support agreement between the City and the System Contractor. 5) "Low Defect' means a Defect as defined in the System maintenance and support agreement between the City and the System Contractor. "Dissemination (Disseminate)" means the transmission of information, whether in writing, or electronically, to anyone outside the RPA that maintains the information, except reports to an authorized repository. M. "Documentation" means User manuals, and other written and electronic materials in any form that describe the features or functions of the System, including but not limited to published specifications, technical manuals, training manuals, and operating instructions. Page 3 of 16 City Attorney 12/2014 N. "Entry RPA" means a law enforcement agency that has signed the User Board IGA and this Participant IGA with the City. Entry RPA, the City and their Authorized Users enter data into the System. O. "Equipment" means any hardware, machinery, device, tool, computer, computer components, computer system or other high-technology equipment, including add-ons, or peripherals of tangible form together with the necessary supplies for upkeep and maintenance, and other apparatus necessary for the proper execution, installation and acceptable completion of the System. P. "Error" means any Defect, problem, condition, bug, or other partial or complete inability of the System to operate in accordance with the applicable Specifications and Documentation. Q. "Interface" means a point of interaction between System components or the device or code which enables such interaction; applicable to both Equipment and Software. R. "Inquiry Only RPA" means a law enforcement agency that has signed a Participant IGA with the City, providing Access to view System data but does not input any agency data into the System. S. "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. T. "Material Breach" means any breach of this Contract that (a) causes or may cause substantial harm to the non-breaching party; or (b) substantially deprives the non- breaching party of the benefit it reasonably expected under this Contract. U. "Mobile Data Computer (MDC)" means commercial grade mobile computers operating in a law enforcement vehicle or otherwise not connected via a local or wide area network that are capable of Accessing System servers via a network connection that is compliant with the Federal Bureau of Investigation's Criminal Justice Information System (CJIS) security policies. V. "Operation and Maintenance Cost" shall mean the budgeted amount required for the operation, maintenance, and support of the System which may include, but not be limited to, the direct cost for: license fees, vendor support costs, software and hardware upgrade and/or replacement costs, administrative support of the User Board, maintenance, personnel, direct costs, facilities use and rental costs, and training for the upcoming year. W. "Personal Computer (PC)" means commercial grade desk top computers that are capable of accessing System servers via a CJIS compliant connection. X. "Person" means an individual of any age, concerning whom Criminal History Record Information is contained in, or accessible through the System. Y. "RPA Asset" shall mean hardware, software, equipment, real property and fixtures, owned or leased by the RPA. Z. "Specifications" shall mean the specifications contained in the contract between the City Page 4 of 16 City Attorney 12/2014 and the Contractor for the System governing its implementation and use by the City, Entry RPA, and Inquiry Only RPA. AA. "System" is the law enforcement records management system acquired and implemented by the City of Portland for use by the Portland Police Bureau and the RPA. BB. "System Administrator' shall mean a specially trained Authorized User that is authorized to perform System administrative functions. CC. "System Manager" is the individual with designated named backups appointed by the City of Portland to manage and operate the System on a daily basis. DD. "Use" means the City authorized Access given to RPA to assign Users, permission levels, enter data, and receive information from the System. EE. "User' shall mean any person employed by or working on behalf of the City or an RPA, the City's and RPA's Bureaus and Divisions, Officers, Directors, and any person or entity authorized by the City and/or RPA to provide it with Services requiring use of the System, and to use the City's or an RPA's resources in whole or in part, in the course of assisting the City or an RPA. FF. "User Board" shall mean the advisory body for the System that operates under the Master Intergovernmental Agreement for the User Board of the Regional Justice Information System Network (RegJIN). GG. "User Fees" are fees set by the City for RPA Access and use of the System and as agreed to between the City and a RPA in a Participating IGA. User Fees shall be updated annually based on the Cost Allocation Formula and do not require an Amendment. HH. "Withdrawal Plan" is a plan outlined in the User Board Master IGA, providing the manner of complete withdrawal of the RPA from this Agreement or for the RPA to change to an Inquiry Only RPA. 2. ORDER OF PRECEDENCE: In the event there is a conflict between the terms and conditions of one portion of this Agreement with another portion of this Agreement, the conflict will be resolved by designating which portion of the Agreement documents takes precedence over the other for purposes of interpretation, except where a clear statement of precedence other than that set forth in this section is included in the document. In this Agreement the order of precedence shall be: Exhibit A— User Fees (Fiscal Year 2014-2015) Exhibit B — Use Policy for LInX Northwest Exhibit C— System Procedures and Use Policy' Exhibit D— Equipment and Security Requirements` Exhibit E— Exhibit E, RegJIN Support Mode Exhibit F — Fingerprinting IBIS (if applicable) Page 5of16 City Attorney 12/2014 Exhibit G — Court Reporting (if applicable) 'Exhibits C, D, and E are available on the System's website at: http://www.portlandonline.com/regiinrc/index.cfm?&c=51409. Exhibits C, D, and E will be revised as necessary to conform to updated requirements and procedures. 3. STATEMENT OF PURPOSE: The purpose of this Agreement is to define the terms and conditions under which the System will be Accessed and Used by the RPA. 4. SYSTEM ACCESS: The City will contract with the System Contractor and will own all licenses to Access the System. The City will provide the RPA's Users Access to the System. 5. CITY PROVIDED SERVICES: A. Enable Access via Equipment, including PCs, MDC, and other hand held devices for Authorized Use of the System by RPA Users. B. Provide the capability through the System to generate Oregon National Incident Reporting System (O-NIBRS) data for the RPA and to upload the O-NIBRS data to the State of Oregon in the proper format. C. Provide procedures, instructions and other documents to the RPA regarding the methods available and minimum requirements for RPA'S PCs and MDCs to gain Access to the System. D. Provide instructions, documents, and arrange for the necessary training to certify one or more RPA System Administrators to perform limited administrative functions such as adding and removing Users from the System, establishing User IDs and passwords, setting up each User's Authorized Uses, and resetting passwords. RPA System Administrators will be trained as required, but not more than five (5) RPA employees will be trained at any one time. E. Support the RPA's System Administrators in the performance of their System related administrative functions. F. Provide training materials, training mentors and access to the System's training environment to enable RPA trainers to provide System training and instruction to RPA Users. G. Maintain and administer the System according to City of Portland Information Technology policies and procedures including backup and restore, operating system patches, and System version upgrades as required and certified by the System Contractor. H. Monitor, audit, and trouble-shoot the upload of appropriate information from the System to the Oregon Law Enforcement Data System (LEDS), NCIC, and other interfaced crime and public safety databases and systems including but not limited to LInX Northwest. I. Ensure that audit logs are maintained in the System in accordance with CJIS requirements. Page 6of16 City Attorney 12/2014 J. The City will provide a 24-hour, 365 days per year phone line for RPAs to report System problems, Errors or Defects. Protocol for addressing System problems, Errors or Defects is established in Exhibit E, RegJIN Support Model. 6. RPA RESPONSIBILITY: A. Compliance with Applicable Law. RPA warrants it has complied and shall comply with all applicable law, ordinances, orders, decrees, labor standards and regulations of its domicile and wherever performance occurs in connection with the execution, delivery, and performance of this Agreement. B. The RPA acknowledges and agrees that RPA employees will only use the System for Authorized Uses. Permission to use the information available in or through the System other than for Authorized Use shall be obtained in writing from the City prior to any such use. C. The RPA acknowledges and agrees that RPA employees and subcontractors will only Access the System and information available in or through the System as authorized in this Agreement. Permission to Access the System or information available in or through the System other than as authorized in this Agreement shall be obtained in writing from the City prior to any such Access. D. The RPA acknowledges and agrees that the RPA, RPA employees, and RPA subcontractors will not modify through computer programming or other techniques the functions, capabilities, and operations of the System unless written authorization is provided by the System Manager prior to performing such modifications. E. The RPA acknowledges and agrees that; pursuant to the directions of the Oregon State Police and Part IV of the National Crime Information Center (NCIC) Computerized Criminal History, Program Concepts and Policy; the City shall establish policy and exercise management control over all operations of the System. The System Procedures and Use Policy is attached as Exhibit C. F. RPA Administrators shall be responsible for creating User IDs, passwords, and establishing the Authorized Uses of the System for RPA Users within the constraints of the policies and procedures established by the City for such Users. G. RPA is responsible for providing its own Equipment, including PCs, MDCs, printers, and other RPA located devices required by RPA Users of the System. H. The RPA acknowledges and agrees that all RPA Equipment such as PCs and MDCs with Access to the System will be configured to meet the System's minimum requirements to gain Access as specified in Exhibit D: Equipment and Security Requirements. I. The RPA acknowledges and agrees that all RPA Users shall meet the Personnel Security requirements specified in Exhibit D: Equipment and Security Requirements. J. RPA is responsible for maintaining RPA PCs and MDCs according to City established requirements as specified in Exhibit D: Equipment and Security Requirements for the System. K. RPA is responsible for installing, configuring and providing network access to devices Page 7 of 16 City Attorney 12/2014 located in RPA facilities and vehicles including, but not limited to, printers, scanners, and image capture devices. L. RPA is responsible for providing secure network Access that 1) meets CJIS security requirements and 2) enables RPA PCs to reach the System's network demarcation points. M. RPA is responsible for providing network connectivity that meets CJIS security policies and for providing all network communication devices and Equipment between RPA MDCs and the System. N. RPA is responsible for ensuring that all RPA network infrastructure and workstations with Access to the System comply with the most current CJIS security policy including, but not limited to, the physical security of workstations and MDCs that are able to Access the System, access control, identification and authentication, information flow enforcement, and system and information integrity. RPA may contact the City to determine how to obtain the most current version of the CJIS security policy document. The RPA is responsible for curing any problems uncovered as a result of an FBI audit. The City reserves the right to request and receive within a reasonable period, verification of RPA's compliance with CJIS policies. O. RPA is responsible for correcting any O-NIBRS data identified by the System or by the State. P. RPA is responsible for providing the City with the most current contact information for the RPA's security personnel and any changes thereof within seven (7) days of the change. Q. RPA is responsible for ensuring that all RPA Users that are granted Authorized Use of the System comply with the appropriate CJIS security requirements. R. RPA is responsible for checking the accuracy of, and generating standard O-NIBRS data for RPA and for the upload of the O-NIBRS information to the State of Oregon through the System. S. RPA acknowledges and agrees that data entered into the System by RPA Users shall conform to the standards and procedures established for the System as described in Exhibit C, System Procedures and Use Policy. The City shall notify the RPA in writing if data entered by RPA Users is found to be nonconforming to the established standards and procedures. The RPA shall, at its option, 1) Correct such data using RPA resources as soon as practicable, but not to exceed thirty (30) days, or 2) request assistance by the City and reimburse the City for any costs associated with the City's removing or performing remedial actions on RPA data required to bring the data into conformance with established standards and procedures. 7. LInX NORTHWEST: A. The RPA acknowledges and agrees to abide by all use policies set forth for participation in the NCIS Law Enforcement Information Exchange (LInX Northwest) system as stipulated in Exhibit B: Use Policy for LInX Northwest. B. The RPA authorizes the City to provide the RPA's public records category data that is contained in the RegJIN RMS to LInX Northwest for Access and authorized Use by LInX Page Sof 16 City Attorney 12/2014 Northwest users. 8. CONFIDENTIALITY: A. Maintenance of Confidentiality. The City and RPA shall treat as confidential any Confidential information that has been made known or available to them or that an Entry RPA has received, learned, heard or observed; or to which an RPA has had access. The City and RPA shall use Confidential information exclusively for the City or RPA's benefit and in furtherance of this Agreement. Except as may be expressly authorized in writing by the City or RPA, in no event shall the City or RPA publish, use, discuss or cause or permit to be disclosed to any other person such Confidential information. The City and RPA shall (1) limit disclosure of the Confidential information to those directors, officers, employees and agents of the City or RPA who need to know the Confidential information, (2) exercise reasonable care with respect to the Confidential Information, at least to the same degree of care as the City or RPA employs with respect to protecting its own proprietary and confidential information, and (3) return immediately to the City or RPA who provided the information, upon its request, all materials containing Confidential Information in whatever form, that are in the City or RPA's possession or custody or under its control. The City and RPA are expressly restricted from and shall not use Confidential intellectual property of the City or providing RPA without the City or that RPA's prior written consent. B. The RPA acknowledge that each RPA is subject to the Oregon or Washington Public Records Acts, as applicable, and Federal law. Third persons may claim that the Confidential Information may be, by virtue of its possession by the City or a RPA, a public record and subject to disclosure. RPA receiving a public records request agrees, consistent with its state public records law, not to disclose any information that includes a written request for confidentiality and as described above and specifically identifies the information to be treated as Confidential. A RPA's commitments to maintain information confidential under this Agreement are all subject to the constraints of Oregon or Washington Statutes and Federal laws. Within the limits and discretion allowed by those laws, the City and RPA will maintain the confidentiality of information. C. The RPA acknowledge and agree that the City and each RPA owns its own data in the System. RMS data can only be disclosed by the agency that entered it. In the event of a public record request for System data which belongs to the City or another RPA, the City or receiving RPA shall inform both the requestor and the appropriate RPA within two business days that it is not the custodian of record for the requested data and identify the RPA that may be able to comply with the public record request. D. The RPA acknowledge that unauthorized disclosure of Confidential Information will result in irreparable harm to the City or providing RPA. In the event of a breach or threatened breach of this Agreement, the City or affected RPA may obtain equitable relief prohibiting the breach, in addition to any other appropriate legal or equitable relief. 9. LIMITS ON DISSEMINATION: The RPA's Dissemination of Criminal Justice Information available in or through the RegJIN RMS shall follow current Criminal Justice Information policies and procedures and/or other applicable State and/or Federal Laws. 10. INFORMATION CONTROL AND RESPONSIBILITY: Additions, modifications, and deletions of information stored in the RegJIN RMS shall be restricted to specifically authorized RPA Users and devices. The City will provide the RPA with Page 9 of 16 City Attorney 12/2014 a list of RPA sworn personnel, Users and devices that are permitted Access to the System on an annual basis. The RPA shall verify the list and report any discrepancies within 60 days. The responsible Party shall update the list of authorized Users and devices in a timely manner. 11. EQUITABLE REMEDIES: The RPA acknowledges that unauthorized disclosure of City Confidential Information or misuse of a City computer system or network will result in irreparable harm to the City. In the event of a breach or threatened breach of this Contract, the City may obtain equitable relief prohibiting the breach, in addition to any other appropriate legal or equitable relief. 12. SECURITY: A. Physical Security— the RPA shall be responsible for maintaining the physical security of all devices that are authorized to Access the System, as well as any printed output or System Documentation which might permit unauthorized Access to, or Use of the System from within the RPA. B. On-Line Security — The System contains procedures and tools to ensure that only authorized RPA Users and RPA devices can Access the information available in or through the System. RPA Users will be required to enter System User IDs and passwords before gaining Access to the System. System functions and System data. The RPA is responsible for issuing individual System User IDs and passwords to RPA Users. The RPA acknowledges and agrees that RPA employees will not share System User IDs and passwords. C. Personnel Security — Any individuals that are provided Access to the System by the RPA through the issuing of System IDs and passwords shall undergo the following security checks: 1) A personal background investigation equivalent to a background investigation that would enable them to Access the RPA's own confidential information. 2) Be fingerprinted and their identification and personal history verified through a check of the System's master name index, Oregon LEDS, the National Crime Information Center, and the FBI's Criminal Identification files. 3) Obtain appropriate certifications from the Oregon State Police for any LEDS and NCIC transactions for which the User is authorized to perform within the System. D. The RPA acknowledges and agrees to comply with applicable CJIS Security Policy, including, but not limited to, verifying identification, performing a state of residency and national fingerprint-based record check within 30 days of assignment for all personnel who have direct access to Criminal Justice Information through RegJIN and for those RPA employees or contractors who have direct responsibility to configure and maintain computer systems and networks with direct access to Criminal Justice Information through RegJIN. If applicable, RPA shall deny or terminate Access and deny issuing or revoke a System User ID and password if, upon investigation, any RPA employee requesting or currently Using a System User ID and password is found to be in violation of current CJIS policy. E. The RPA acknowledges and agrees to immediately deactivate the System USER ID and password of any employee or contractor who is no longer an RPA employee, an RPA contractor, or who no longer requires Access to the System. Page 10 of 16 City Attorney 12/2014 F. RPA shall provide immediate notification to the System Manager of any security breach that affects the System or any other City systems. RPA shall provide notification to the System Manager of any incident relating to System integrity such as a computer virus. G. Failure to comply with the Security and Access specifications contained in the Agreement and Exhibit D: Equipment and Security Requirements may, at the sole discretion of the City, result in the suspension of the RPA and the RPA Users' Access to the System until such failures are corrected to the City's satisfaction. 13. PROPRIETARY RIGHTS: All trademarks, service marks, patents, copyrights, trade secrets, and other proprietary rights in or related to each Party are and will remain the exclusive property of that Party. 14. PAYMENT: A. RPA acknowledges and agrees to pay the City the amount set out in Exhibit A: User Fees, which shall conform to the Entry RPA cost allocations contained in the Cost Allocation Formula in the User Board Master IGA in effect at the time of billing. B. Additional RegJIN services and/or System functions that are not routinely provided to other Entry RPAs under this Agreement shall be added via Amendment and billed as a separate line item identified in Exhibit A. Agencies using Court Scheduling and/or Fingerprinting shall be invoiced according to Exhibit(s) F and/or G. C. Exhibit A, User Fees, shall be adjusted to conform to changes in the Cost Allocation Formula or in the services and/or System functions provided by the City to the RPA. Exhibit F, Fingerprinting and/or Exhibit G, Court Scheduling, shall be adjusted to conform to the formula(s) provided in Schedule F-1 and/or G-1. D. The City will invoice the RPA annually in conformance with Exhibit A: User Fees, Exhibit F, Fingerprinting and/or Exhibit G, Court Scheduling. E. The RPA shall submit payment within thirty (30) days of receipt of the invoice from the City. F. Failure to pay the City as due will suspend the RPA's Access to the System until fully paid up. G. In order to conform to the Cost Allocation Formula in the User Board Master IGA and to enable the invoice preparation per Exhibit(s) A, F and/or G, RPA shall provide the City with the RPA's number of authorized sworn personnel plus any correctional deputies that will Access the System by April 1 of the calendar year before the next fiscal year during which the invoices apply. 15. CITY AUDITS: The City, either directly or through a designated representative, may conduct financial and performance audits directly related to this Agreement. City audits shall be conducted in accordance with generally accepted auditing standards. RPA shall provide the City's internal auditor or external auditor, and their designees with a copy of all reports, including any management letters issued as a result of the specified audits. Access to Records — The City internal auditor or City external auditor, and their designees, shall be given the right, and the necessary access, to review the work papers of RPA audits if Page 11 of 16 City Attorney 12/2014 the City deems it necessary. Copies of applicable records shall be made available upon request at no cost to the City. 16. DURATION, WITHDRAWAL AND TERMINATION: A. This Agreement is perpetual and shall continue from year to year unless otherwise terminated. B. This Agreement may be terminated by either Party by the provision of a 90-Day written notice of termination to the other Party. Termination notices must be provided in writing and sent by either certified US mail, return receipt requested, or by personal delivery. C. The effective date of termination shall be on January 1 of the year following the year during which the 90-day written notice expired. D. Upon the effective date of termination, the RPA may remove its RPA assets from the System including any System data belonging to the RPA. All costs associated with the reasonable removal of the RPA's assets including System data owned by the RPA will be the responsibility of the RPA, unless termination notice is provided by the City in which case the City will either keep the data or the RPA will be responsible for all costs associated with the reasonable removal of the RPA's assets including System data owned by the RPA. E. A minimum of 180 days shall be allocated for the System Manager to withdraw an RPA's assets including System data owned by the RPA from the System after the date upon which the termination becomes effective. The RPA may, at its option, continue to Access the System during this period. F. In the event of termination, RPA shall pay the City for work performed in accordance with the Agreement prior to the effective date of termination. 17. FORCE MAJEURE: A. In the event that either Party is unable to perform any of its obligations under this Agreement (or in the event of loss of Use) due to natural disaster, actions or decrees of governmental bodies or communications line failure not the fault of the affected Party (hereinafter referred to as a "Force Majeure Event"), the Party who has been so affected immediately shall give notice to the other Party and shall do everything possible to resume performance. B. If the period of nonperformance exceeds fifteen (15) Calendar Days from the receipt of notice of the Force Majeure Event, the Party whose ability to perform has not been so affected may, by giving written notice, terminate this Agreement. 18. VIOLATIONS OF THE AGREEMENT: In the event of violation of the provisions of this Agreement, or violation of the security policy by the RPA, RPA employees, and/or RPA contractors, the City shall have the authority to immediately restrict or prohibit Access to the System by RPA Users, RPA PCs, RPA MDCs, and other RPA devices until resolution of the problem to the satisfaction of the City. The RPA 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. 19: ROLLING ESTOPPEL: Page 12 of 16 City Attorney 12/2014 Unless otherwise notified by the RPA, it shall be understood that the City shall have met all its obligations under the Agreement. The City will be conclusively deemed to have fulfilled its obligations, unless it receives a deficiency report from the RPA within ninety (90) Days of the alleged deficiency and the RPA identifies the specific deficiency in the City's fulfillment of its obligations in that report. Deficiencies must be described in terms of how they have affected a specific performance requirement of City. 20. DISPUTE RESOLUTION: The RPA shall cooperate with the City to assure that all claims and controversies which arise under this Agreement and which might affect the quality of such Services will be resolved as expeditiously as possible in accordance with the following resolution procedure: A. Any dispute between the City and RPA under this Agreement shall be resolved, if possible by the System Manager or their designee on behalf of the City and city of Tigard _ or an identified_designee on behalf of the RPA. B. If the System Manager or the System Manager's designee and RPA are unable to resolve any dispute within three (3) Business Days, or such other time as mutually agreed upon, after notice of such dispute is given by either Party to the other, the matter shall be submitted to Bureau of Technology Services Chief Technology Officer on behalf of the City and Information Services Director for the city of Tigard or an identified_designee on behalf of the RPA for resolution, if possible. C. If the City's Chief Technology Officer and RPA's _technology representative_, or designee, are unable to resolve any dispute within fourteen (14) Calendar Days, or such other time as mutually agreed upon, the dispute shall be escalated to the Chief of Police/Sheriff. D. Should any dispute arise between the Parties concerning this Agreement that is not resolved by mutual agreement above within thirty (30) Calendar Days, or such other time as mutually agreed upon, it is agreed that such dispute will be submitted to mandatory mediated negotiation prior to any Party's commencing binding arbitration or litigation. In such an event, the Parties to this Agreement agree to participate in good faith in a non-binding mediation process. The mediator shall be selected by mutual agreement of the Parties, but in the absence of such agreement each Party shall select a temporary mediator and those mediators shall jointly select the permanent mediator. All costs of mediation shall be borne equally by the Parties. E. Should an equitable solution not result from the foregoing, the City and Contractor shall be free to agree to pursue either binding arbitration, litigation, or other remedies allowed under this Agreement. F. In the event the Parties elect to use arbitration to settle the dispute, within thirty (30) Days of a notice by either Party to the other requesting arbitration, the affected RPA shall select an arbitrator from a list of three (3) obtained from Arbitration Services of Portland, Inc. (ASP). For the avoidance of doubt, issues related to technology require an arbitrator with a background in computer systems or technology. The arbitrator shall, for purposes of the arbitration proceedings, apply the rules of mandatory arbitration as adopted by the ASP in effect at the time of the arbitration. Within sixty (60) Days of the appointment of the arbitrator, the Parties shall concurrently submit to Page 13 of 16 City Attorney 12/2014 the arbitrator (supplying a copy to each other) a written statement of their respective legal and factual positions on the dispute. The arbitrator shall determine, after a hearing on the merits and within forty-five (45) Days after receipt of the statements, the determination of the dispute which determination shall be final and binding. Each Party shall bear equally the expense of the arbitrator and all other expenses of conducting the arbitration. Each Party shall bear its own expenses for witnesses, depositions, other costs incurred and attorney's fees. G. Unless ordered by the City to suspend Access, the RPA shall proceed with Use without any interruption or delay during the pendency of any of the foregoing dispute resolution. During the pendency of any of the foregoing dispute resolution procedures, the RPA shall continue to make all payments that are not in dispute, in accordance with the provisions of the Agreement. 21. 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: RegJIN System Manager Portland Police Bureau 1111 SW Second Avenue, Room 1156 Portland, Oregon 97204-3232 If to the RPA: Agency Contact Info _David Frisendahl_(name) _Lieutenant (title) _Tigard Police Department_(office) _13125 SW Hall Blvd_(address) Tigard, Oregon 97223 (city, state, ziip) 22. AMENDMENTS: Except as a section or subsection may otherwise specifically provide, limit, or prohibit, the City and RPA may amend this Agreement at any time only by written Amendment executed by the City and the RPA. Any changes to the provisions of this Agreement shall be in the form of an Amendment. No provision of this Agreement may be amended unless such Amendment is approved as to form by the City Attorney and executed in writing by authorized representatives of the Parties. If the requirements for Amendment of this Agreement as described in this section are not satisfied in full, then such Amendments automatically will be deemed null, void, invalid, non-binding, and of no legal force or effect. 23. INTERPRETATION: The terms and conditions of this Agreement shall be liberally construed in accordance with the general purposes of this Agreement and according to Oregon law. This Agreement shall be construed according to the laws of the State of Oregon without reference to its conflict of law Page 14 of 16 City Attorney 12/2014 provisions. Any litigation between the City and RPA arising under this Agreement shall occur, if in the state courts, in the Multnomah County Circuit Court, and if in the federal courts, in the United States District Court for the District of Oregon. 24. INDEMNIFICATION: To the extent permitted by the Constitutions and laws of Oregon the RPA and the City shall hold each other harmless and indemnify each other for the negligent acts, actions or omissions to act of their respective entity's, commissioners, officers, employees, and agents in the performance of their respective responsibilities and duties under this Agreement. Notwithstanding the foregoing, neither Party shall in any way be liable to hold harmless or indemnify the other Party for any costs or claims arising directly, or indirectly, out of any System related activities in which they are not participating. 25. ASSIGNMENT: The rights and obligations of each party under this Agreement may not be assigned in whole or in part. Any attempted transfer shall be null and void, of no force or effect. Attempted transfer of this Agreement shall be considered Material Breach of contract. 26. WAIVER: No waiver or any breach of Agreement shall be held to be a waiver of any other or subsequent breach of this Agreement. 27. REMEDIES: The remedies provided in this Agreement are cumulative, and may be exercised concurrently or separately. The exercise of any one remedy shall not constitute an election of one remedy to the exclusion of any other. 28. SURVIVAL: All obligations relating to confidentiality; indemnification; publicity; representations and warranties; proprietary rights as stated in this Agreement shall survive the termination or expiration of this Agreement. 29,140 THIRD PARTY BENEFICIARIES: The Parties expressly agreed that nothing contained in the Agreement shall create any legal right or inure to the benefit of any third party. This Agreement is entered into for the benefit of the City and RPA. Except as set forth herein, nothing in this Agreement shall be construed as giving any benefits, rights, remedies or claims to any other person, firm, corporation or other entity, including, without limitation, the general public or any member thereof, or to authorize anyone not a party to this Agreement to maintain a suit for breach of contract, personal injuries, property damage, or any other relief in law or equity in connection with this Agreement. 30. SEVERABILITY: The terms of this Agreement are severable and a determination by an appropriate body having Page 15 of 16 City Attorney 12/2014 jurisdiction over the subject matter of this Agreement that results in the invalidity of any part, shall not affect the remainder of this Agreement. Page 16 of 16 City Attorney 12/2014 Exhibit A: User Fees Fiscal Year—July 1,2015 to June 30,2016 RPA agrees to pay the City of Portland the following annual User Fees for System Access and Use. RPA shall be billed yearly. Partial year amounts shall be pro-rated. The User Fees conform to the Entry RPA cost allocations contained in the Cost Allocation Formula in the Master User Board IGA in effect at the time of billing. Sustainment Budget...............................................................$ 2,106,188 Total Number of RegJIN Users........................................................2,901 CostPer User per month..................................................................$61 Total Number of RegJIN Users from Tigard Police...................................68 In addition to the annual User Fees, the following additional services will be provided by the City to the RPA at the following itemized annual rates, which shall be billed quarterly: Additional Services Rates: 1. Fingerprinting .............................................$155/mo OR $1,860/yr Monthly Cost for RegJIN Access and Use for the Tigard Police..............$4,303 Annual Cost for RegJIN Access and Use for the Tigard Police..............$51,636 Page 1 of 1 Exhibit B Use Policy for MnX Northwest Fiscal Year—July 1,2015 to June 30,2016 The Law Enforcement Information Exchange(LInX Northwest)is a law enforcement information sharing partnership involving local,state, and federal law enforcement agencies in the Northwest. LInX has been developed to improve public safety,solve crime,and prevent terrorism. LInX is a partnership built on trust and to maintain that trust the following rules are upheld by all LlnX agencies. Violations of this policy may result in sanctions against an individual User or his/her Regional Partner Agency. 1. Each Regional Partner Agency shall contribute information to LInX Northwest,once a connection is made,and agrees to permit the Access,dissemination,and/or Use of such information by every other partner agency in LInX Northwest.The contributing party has the sole responsibility and accountability for ensuring that it is not constrained from permitting this by any laws,regulations,policies,and procedures applicable to the submitting party. 2.A User may only access LInX when he/she has a legitimate,official law enforcement purpose, after receiving LInX training. 3. Information in the system shall not be disseminated outside of an accessing party without first obtaining express permission of each party that contributed the information in question. LInX users who wish to use information in LInX for the preparation of judicial process such as affidavits, warrants,subpoenas, etc... agree to not print and use information from LInX,but to contact the originating agency who will FAX or email a copy of the original report to the requestor for court or other official uses. 4. Printing copies from LInX is highly restricted. Users may only retain printed copies temporarily and shall not place printed copies in an official file or submit them to a court. Printed copies must be destroyed,shredded, or burned promptly. Printed copies may not be made for members of non-participating agencies. 5. Any requests for reports or data in LInX records from anyone other than a party to this Exhibit will be directed to the contributing party. Participating agencies in LInX agree to not disclose another agency's reports or information to a third party. Even when an agency receives an official request for disclosure, LInX agencies agree to refer such requests to the originating agency of the report for action. 6. Each Agency retains sole ownership of,sole responsibility for,and exclusive control over the content of the information that it contributes to LInX,and it may, at will,at any time update, correct,or delete the information that it contributes to Llnx. 7. Regional Partner Agencies will have access to LInX via a secure Internet connection. RPA are responsible for providing and maintaining their own Internet connectivity to LInX. 8. LInX will maintain an audit capability that will log the date,time,subject,and originating account of all User queries.The LInX Governance Board will maintain these audit logs for at least five years. City Attorney 12/2014 Exhibit C System Procedures and Use Policy: Fiscal Year—July 1,2015 to June 30, 2016 Exhibit C is comprised of the Standard Operating Procedures (SOP)that guide the Use of the RegJIN System. The RegJIN Standard Operating Procedures will be updated from time to time and placed on the City's RegJIN Website at: htty://www.portlandonline.com/ReRJINRC Prior to 07/01/15, Additions, subtractions, or modifications of RegJIN Standard Operating Procedures will occur in consultation with the RegJIN Implementation Team. After 07/01/15Additions, subtractions, or modifications of RegJIN Standard Operating Procedures will occur in consultation with the RegJIN User Board(RUB). City Attorney 12/2014 Exhibit D Equipment and Security Requirements: Fiscal Year—July 1, 2015 to June 30,2016 Workstation Type Application Manufacturer Specifications Versadex Desktop RMS HP/Dell/ Intel or AMD 2 GHz dual core processor IBM or • Memory equivalent o 2 GB (minimum) o 4 GB (recommended) • 20 GB (available) HDD • NIC 0 10 Mbit minimum 0 100 Mbit recommended • 1024x768+resolution display monitor • Microsoft Windows XP,Vista or 7 Versadex Mobile Field Panasonic, • Intel Centrino dual core processor Reporting Motorola or • 2GB RAM equivalent • Display Resolution 0 800x600 minimum 0 1024068 recommended • 13.3"daylight-readable LCD with (preferable)touchscreen • 20 GB (available) HDD • Microsoft Windows XP,Vista or 7 1. Access Security-New,desktop and mobile Equipment with access to the PPDS System must adhere to the following requirements: 1.1. Both desktop and mobile Equipment shall employ virus protection software 1.1.1.Use of Anti-Virus and Anti-Spyware software to scan,detect,and eliminate viruses on workstations and laptops 1.1.2.Anti-Virus and Anti-Spyware software must be kept up to date with current virus definitions,run at start-up,and employ resident scanning 1.2. Both desktop and mobile Equipment shall apply current operating system service packs and patches;Auto-update is recommended. 1.3. All desktop and mobile Equipment shall be protected by a current firewall. 1.4. All mobile Equipment shall employ encryption technology for wireless transmissions from origin to termination. Encryption shall comply with Federal Information Processing Standards (FIPS)publications and guidelines for encryption. 1.5. All mobile Equipment shall employ virtual private network for those transmissions that traverse between wireless local area network and department trusted network segments and shall have a static private IP address. 1.6. All Users shall employ an auto-lock on their workstation or laptop that meets CJIS requirements. City Attorney 12/2014 1.7. The secured facility and all desktop and mobile Equipment shall employ at least one Advanced User Authentication method to secure access to data. This could include,but is not limited to, Biometrics, Smart Cards,or Electronic Token devices. 2. Personnel Security—Prior to gaining Access to the System's criminal history record information,a person shall: 2.1. Be fingerprinted and a background investigation conducted by the User's RPA. 2.2. 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 System's master name file, Oregon LEDS or Washington ACCESS (depending on the state in which the RPA resides) and the National Crime Information Center files, and FBI Criminal Identification files. City Attorney 12/2014 Exhibit E RegJIN Support Model Fiscal Year—July 1,2015 to June 30,2016 Protocol for Support of RegJIN System Users The intent of this Exhibit E is to establish a protocol for reporting and addressing RegJIN System problems, Errors or Defects. This Exhibit outlines the various types of problems/issues that may arise associated with Use of the RegJIN System and establishes the roles and responsibilities of the RPA and the City to ensure consistent, appropriate, and timely assistance in problem identification and resolution. RegJIN related problems, Errors or Eefects are identified within four categories. They include: 1) RegJIN User Education: This includes understanding and use of MRE and RMS Software System by the RPA. 2) Operation and Maintenance of RPA owned, RegJIN-specific Equipment and Software. 3) City of Portland owned Equipment and Software used to support RegJIN. 4) Software and Equipment Defects relating specifically to the City's contract with the RegJIN System Vendor(Versaterm). Whenever possible the RPA is directed to attempt to troubleshoot and problem solve within their respective agencies and with other RPA where applicable. In instances where the City will be contacted the Helpline phone number is (503)454-6409. This number is considered the first tier contact for any reporting of problems, errors or defects within the system. RPA's attempting to contact other persons via an alternative phone or email will be directed to the Helpline for reporting. Alternative contacts will not be considered an element of this protocol and response may be delayed. Sections 1 through 4 below identify the roles and responsibilities of the RPA and the City within each identified problem category. This Exhibit may be modified as needed to reflect the updated workflow processes of the City of Portland or the needs of the vendor. Modifications will be made in consultation with the RegJIN User Board. This Exhibit may be found on the RegJIN System's website: http://www.portiandonline.com/regiinrc/index.cfm?&c=51409 Section 1 —ReeJIN User Education The RPA is responsible to make all efforts to ensure that End-Users are fully trained and well versed in the MRE and RMS Systems. If problems arise regarding End-User education the RPA will establish an internal protocol for trouble-shooting User-education problems. If necessary, the RPA is expected to utilize other available resources, including using local CAD operations to seek assistance from adjacent jurisdictions to resolve User-education problems. City Attorney 12/2014 In the event the RPA is unable to resolve User-education problems internally, the RPA shall notify the RegJIN Helpline at(503) 454-6409 to report the issue. The issue will be documented and RegJIN Helpline staff will return calls to the reporting Party during regular business hours (Monday-Friday 0700-1700) to assist. Section 2—RPA-Owned Hardware or Software The RPA is responsible to provide and maintain their own Equipment and supporting software needed for their Access and Use of the RegJIN System. When the RPA experiences an outage or problem related to its own or a third party's Equipment and software, such as support networks that link the RPA to the City, the RPA will be responsible to seek to resolve all issues associated with its own Equipment and software prior to calling the City. The RPA is responsible to make all efforts to ensure that supporting software and Equipment meet the minimum requirements, as established by the City(Exhibit D, Equipment and Security Requirements)to operate and maintain the MRE and RMS Systems. If technical problems arise regarding RPA-owned Equipment,the RPA will utilize an internal protocol for trouble-shooting and resolving problems prior to requesting assistance from the City. In the event the RPA is unable to resolve technical issues internally and/or requires the participation of City IT staff, the RPA shall notify the RegJIN Helpline at(503) 454-6409 to report the issue. Helpline staff will document and assess if the problem is the RPA, City or Contractor's. If a Contractor Software/System problem,the Help Desk will also categorize the Severity Level of the problem. Helpline calls meeting the following criteria shall receive response from the Helpline within 30 minutes regardless of time of day. Timeframe for resolution will be determined on a case-by-case basis. As an outage that removes service to more than 50 active users or an entire RPA. All other calls will be returned by Helpline staff and acknowledged in writing the following business day(Monday—Friday, 0700-1700). Section 3 -_City of Portland Owned Hardware and Software, excluding System Defects for which the Contractor is responsible The City is responsible to provide and Update all City-owned Equipment and software needed to support the RegJIN system. When the City experiences an outage related to problems with Equipment or software owned by the City, the City will resolve all issues associated with problems to the extent possible. The City is responsible to make all efforts to ensure that supporting software and Equipment meet the minimum requirements to operate and maintain the RegJIN Systems. In the event the RPA is unable to connect to or properly operate the RegJIN System and requires the participation of City IT staff, the RPA shall notify the RegJIN Helpline at (503) 454-6409 to report the issue. If a Contractor Software/System problem, the Helpline staff will also categorize and determine the Severity Level of the problem. City Attorney 12/2014 Helpline calls meeting the following criteria shall receive response with 30 minutes from the Helpline regardless of day or time of day. Timeframe for resolution will be determined on a case-by-case basis. As an outage that removes service to more than 50 active Users or an entire RPA. All other calls will be returned by Helpline staff and acknowledged in writing the following business day(Monday—Friday, 0700-1700). The City will take appropriate steps to resolve problems in a timely manner. Section 4—System Contractor(Versaterm) Defects Defects associated with the System Contractor(Versaterm)will be addressed by the City in coordination with the System Contractor per the requirements specified in the System Maintenance and Support Agreement between the City and the System Contractor(COP Contract# 30003029). The System Maintenance and Support Agreement between the City and the System Contractor defines the types of Defects associated with the RegJIN system. The System Contractor has a specified obligation to respond to these Defects based on the Severity Level as outlined below in Figure#1. Figure#1 System Contractor(Versaterm)Defect Definitions Severity Defect Definition Level • Impacts at least 25% of the User base of the Production System. Critical • Severely affects City and/or Partner agency operations(e.g.,critical business processes Defect are disabled). Alternatively,severely impacts business operations due to the accumulated impact on multiple Users. • Includes,but is not limited to,problems that cause continuous or near-continuous interruption of service(e.g.,the system"hangs"or"crashes"),the loss of use of one or more major critical features functions or modules(including interfaces), file system corruption, and or data loss. • No stable workaround available. • May require manual mode operation. • Requires the City to telephone the Versaterm support telephone number City Attorney 12/2014 • Impacts at least 25% of the active User base of the Production System and/or Hot High Standby System environment. Defect . In Production System environment, causes a significant impact on business operations of Users Alternatively, causes a significant impact on business operations due to the accumulated impact on multiple Users. • This includes,but is not limited to Problems that cause intermittent disruption of service, the loss of use of multiple non-major critical features functions,significant performance degradation,the accumulation of enough Problems in a new version to delay Production rollout,or increased risk due to loss of redundancy,etc. • No stable workaround available. • May not require manual mode operation. • Requires the City to telephone the Versaterm support telephone number. • Impacts Production System and/or Hot Standby System environment Medium . In Production System environment,causes a minor manageable impact on business Defect operations of Users Alternatively,causes a minor limited impact on business operations due to the accumulated impact on multiple Users. • This includes,but is not limited to Problems that cause the loss of use of a single non- major feature,problems where a workaround exists but that measurably slows Users work performance,the existence of known minor problems in a new version scheduled for rollout, etc. • Stable workaround is available and has been successfully implemented. • The City may telephone or email Versaterm the Problem description • Impacts Production System environment Low . In Production System environment,causes little or no impact on business operations of Defect Users.Alternatively, causes little or no impact on business operations due to the accumulated impact on multiple users. • This includes,but is not limited to problems of a cosmetic nature OR those where a workaround exists that does not have a measurable impact on task performance OR the City requires information or assistance about product capabilities or installation configuration. • The City may telephone or email Versaterm the Problem description If a Defect is associated with the System Contractors product(s) the City is responsible to initiate System Contractor Defect notification to the System Contractor as follows: A. Initiate Critical Defect or High Defect resolution supports within 2 hours of notification to the System Contractor(Versaterm)by the City. Verified System Critical and High Defect Errors will be resolved as specified in the City's System's maintenance and support agreement with the System Contractor. B. Initiate Medium Defect and Low Defect resolution and acknowledge in writing Monday thru Fridays from 0800-1700, excluding recognized City of Portland Holidays. City Attorney 12/2014 Exhibit F Portland Police Bureau (PPB) Forensic Evidence Division (FED) Mobile Fingerprint Verification Fiscal Year—July 1,2015 to June 30,2016 RPA agrees to pay the City of Portland the following annual RPA Fees for Portland Police Bureau Forensic Evidence Division(FED)to support Mobile Fingerprint Verification. RPA shall be billed on the same fiscal year cycle as RegJIN billing. Partial year amounts shall be pro- rated. The User Fees will be set at$50 per month per deployed mobile fingerprint device. Cost of services shall be reviewed annually as part of RegJIN cost review with adjustments made effective July 1 st. CITY PROVIDED SERVICES: A. Provide mobile fingerprint verification services to the RPA's mobile devices. B. Perform services related to User access to the Portland Police Bureau mobile fingerprint system including defining and maintaining mobile device definitions. C. Provide trouble-shooting support for mobile fingerprint verification Monday thru Friday from 0800-1700 only. RPA RESPONSIBILITY: A. The RPA agrees to abide by all Use policies set forth for access to mobile fingerprinting by the Portland Police Bureau Forensic Evidence Division(FED). B. RPA will acqiure and maintain their own mobile fingerprinting hardware/Equipment and be responsible for its maintenance. C. Scope of RPA Responsibility identified in the RegJIN Participant Intergovernmental Agreement for RegJIN System Access, also applies to use of the mobile fingerprinting system. USE POLICY for MOBILE FINGERPRINTING DEVICES: A. Mobile fingerprinting can be done on subjects that are legally detained for the purpose of investigating a crime or infraction. Examples of proper use include traffic cites, warrant confirmation, firmishing false information charges, etc. B. Subjects in custody can also be ram through hardwired fingerprinting devices. C. Mobile fingerprinting cannot be used in mere conversation stops and talk situations. D. Mobile fingerprinting must be documented by the reporting officer in either a police report or on the citation paperwork if no report is written (traffic or other citation not requiring a police report). The officer using the Mobile fingerprinting device does not have to write a separate report just for the mobile fingerprinting use. City Attorney 12/2014 E. The system can be used to identify dead bodies (homicides, suicides, overdose, etc.) with the permission of the Medical Examiner. F. Mobile fingerprinting can be used for community care taking instances of John/Jane Doe subjects at hospitals or Alzheimer or Dementia subjects found wandering (see GO. 850.39 for more information) City Attomey 12/2014 Exhibit G Court Notify Access Fiscal Year—July 1, 2015 to June 30,2016 RPA agrees to pay the City of Portland the following annual User Fees for Court Notify System Access and Use. RPA shall be billed on the same cycle as RegJIN billing. Partial year amounts shall be pro-rated. Court Notify services are available only to Entry RPA. The User Fees will be caculated and reviewed annually as part of the RegJIN cost review with adjustments made effective July 1st. Court Notify is a commerical off-the-shelf (COTS)product offered and supported by ORION Communications Incorporated. The City of Portland/ORION contract provides Software Licences to the City and RPA are Users, not sub-licencees. Total Fees for the Court Notify service will be ORION annual maintenance cost plus 40% administrative overhead. The individual User Fees will be calculated based on the sworn counts provided annually for the RegJIN User Fee calculation. The total number of sworn for RPA using the Court Notify service will be divided into the ORION annual maintenance plus 40% administrative overhead to derive the cost per sworn. The cost per sworn will be allocated to RPA according to their sworn counts. CITY PROVIDED SERVICES: A. Provide User access, including names and passwords. B. Provide Court Notify training materials to the RPA. C. Perform services related to Court Notify User access including defining and maintaining device definitions and User definitions. D. Provide trouble-shooting support for Court Notify services Monday thru Friday from 0800-1700 only. RPA RESPONSIBILITY: A. RPA will acquire their own hardware, connectivity and be responsible for its maintenance. B. Scope of RPA Responsibility identified in the RegJIN Intergovernmental Agreement for RegJIN System Access, also applies to Use of the Court Notify service. City Attomey 12/2014 RegJIN PARTICIPANT INTERGOVERNMENTAL AGREEMENT Signature Page 31. INTEGRATION: This Agreement and the User Board IGA constitutes the entire Agreement between RPA and the City and supersedes all prior written or oral discussions, proposals, presentations, understandings or agreements between the Parties on this subject. The Parties acknowledge that they have read and understand this Agreement and agree to be bound by the terms and conditions contained herein. The Parties agree that they may execute this Agreement, and any Amendments to this Agreement, by electronic means, including the use of electronic signatures. The Parties hereby cause this Agreement to be executed. The City: City of Portland RPA: City of Tigard, Oregon Name: Mike Reese Name: Wtrkli( Title: Chief of Police Title: Date: Date: i z�l �t �►y 1 5 mob, By. By. .. Name: Kale( Taylor Name: Title: Deputy City Attorney for the City of Portland Title: Date: Date: Page 16 of 16 RegJIN Participant IGA—City of Tigard,Oregon City Attorney 12/2014