HomeMy WebLinkAboutDoc 009 - 911 Software Maintenance AgrmtDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of May 2, 2012
DATE: April 16, 2012
FROM: Rob Poirier Department: 9-1-1 Service District Phone: 541-322-6101
TITLE OF AGENDA ITEM: Consideration of Signature of Document 2012-009, an
Intergovernmental Agreement regarding the Deschutes County Regional Law Enforcement Records
Management System (RMS)
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
The 9-1-1 Service District entered into a contract with New World Services Corporation on
December 20, 2010, Deschutes County Contract No. 2010-723, to provide a records management
system (RMS). New World Systems Corporation will furnish licensed software products and
provide services, including maintenance of the software, to 9-1-1. The 9-1-1 Service District is
obligated to pay the software and system maintenance costs. The RMS will be utilized by the law
enforcement agencies listed below:
• Black Butte Ranch Police Department
• Bend Police Department
• Redmond Police Department
• Deschutes County Sheriffs Office
• Sunriver Police Department
Through this IGA, the 9-1-1 Service District and the law enforcement agencies listed above agree to
apportion the costs among the listed law enforcement agencies.
FISCAL IMPLICATIONS: The 9-1-1 Service District will issue an annual invoice to each law
enforcement agency that is a party to the IGA. The payment obligations are for years 2-5 ofthe
software maintenance contract; 2010-723.
Each law enforcement agency will pay an equal share of 25% of the maintenance costs as well as a
portion ofthe remaining 75% of the costs. The formula to determine each law enforcement agency's
75% of the fees was derived from the percentage of the case numbers for a given law enforcement
agency and this formula was agreed to by the law enforcement agencies.
The total costs for Year 2-5 are as follows:
• Year 2: $186,768.00 (fiscal year 2011-12)
• Year 3: $198,441.00 (fiscal year 2012-13)
• Year 4: $210,114.00 (fiscal year 2013-14)
• Year 5: $221,787.00 (fiscal year 2014-15)
Refer to pages 2-4 of the IGA for each law enforcement agency's share of the costs.
RECOMMENDATION & ACTION REQUESTED:
Approve and sign Document 2012-009
ATTENDANCE: Rob Poirier, 9-1-1 Service District; Darryl Nakahira, Sheriffs Office Legal
Counsel
DISTRIBUTION OF DOCUMENTS:
Return signed copy to Pat Davis, Legal Assistant, Sheriffs Office
DESCHUTES COUNTY DOCUMENT SUMMARY
Date: April 16, 2012 Department: 9-1-1 Service District
Contact Person: Rob Poirier, 9-1-1 Service District. Phone: 541-322-6101
Contractor/Supplier/Consultant Name: N/A
Goods and/or Services: Document No. 2012-009 is an Intergovernmental Agreement (IGA) for
the Deschutes County Regional Law Enforcement Records Management System (RMS) between
the 9-1-1 Service District and five Deschutes County law enforcement agencies. Through this
IGA, the 9-1-1 Service District and the law enforcement agencies listed below agree to apportion
the costs to pay for software and system maintenance of the RMS.
Background & History: The 9-1-1 Service District entered into a contract with New World
Services Corporation on December 20, 2010, Deschutes County Contract No. 2010-723, to
provide a records management system (RMS). New World Systems Corporation will furnish
licensed software products and provide services, including maintenance of the software, to 9-1-1.
The 9-1-1 Service District is obligated to pay the software and system maintenance costs. The
RMS will be utilized by the law enforcement agencies listed below:
• Black Butte Ranch Police Department
• Bend Police Department
• Redmond Police Department
• Deschutes County Sheriffs Office
• Sunriver Police Department
The law enforcement agencies have the right to use the licensed software products and system
while they remain a party to the agreement and comply with the payment requirements.
Agreement Starting Date: Upon the signature of all parties.
Ending Date: June 30, 2015
Annual Total Payment: The total costs for Year 2-5 are as follows:
• Year 2: $186,768.00 (fiscal year 2011-12)
• Year 3: $198,441.00 (fiscal year 2012-13)
• Year 4: $210,114.00 (fiscal year 2013-14)
• Year 5: $221,787.00 (fiscal year 2014-15)
Refer to pages 2-4 of the IGA for each law enforcement agency's share of the costs.
~ Insurance Certificate Received (check box)
Insurance Expiration Date: N/ A
Check all that apply: N/A o RFP, Solicitation or Bid Process o Infonnal quotes «$150K) o Exempt from RFP, Solicitation or Bid Process
Addendum to original contract
Funding Source: (Included in current budget?) ~ Yes 0 No
If No, has budget amendment been submitted? 0 Yes 0 No
Is this a Grant Agreement providing revenue to the County? 0 Yes ~ No
Departmental Contact: Rob Poirier Phone #: 541-322-6101
Title: 9-1-1 Service District Director
9-1-1 Service District Director Approval:
,
•
Signature
Distribution of Document: Call or email Pat Davis (x3367), Legal Assistant, Sheriff's Office
when a copy is ready for pick up.
Official Review:
County Signature Required (check one): ~BOCC 0 Department Director (if <$25K)
o Administrator (if>$25K but <$150K; if>$150K, BOCC Order No. ______)
Legal Review ~~ Date
Document Number 2012-009
LEGI\L COUNSEL
For Recording Purposes Only
INTERGOVERNMENT AL AGREEMENT
DESCHUTES COUNTY REGIONAL LAW ENFORCEMENT
RECORDS MANAGEMENT SYSTEM (RMS)
DOCUMENT 2012-009
This agreement is made and entered into by and between the 9-1-1 Service District (9-1-1) and
the following law enforcement agencies (collectively referred to as Law Enforcement):
• Black Butte Ranch Service District, by and through its Police Department (Black Butte
Ranch Police Department)
• City of Bend, by and through its Police Department (Bend Police Department)
• City of Redmond, by and through its Police Department (Redmond Police Department)
• Deschutes County, by and through its Sheriffs Office (Deschutes County Sheriffs
Office)
• Sunriver Service District, by and through its Police Department (Sunriver Police
Department)
WHEREAS, ORS 190.010 allows units of local government to enter in agreements with other
units of local government for the performance of any or all functions and activities that a party to
the agreement has authority to perform. This agreement shall be governed and construed in
accordance with the laws of the State of Oregon; and
WHEREAS, 9-1-1 and Law Enforcement find that the performance of this Agreement is in the
best interests of the parties, that the agreement will benefit the public, and that the division of
costs fairly compensates 9-1-1 for the services or functions under this agreement; and
WHEREAS, 9-1-1 has entered into a contract with New World Systems Corporation on
December 20,2010, Deschutes County Contract No. 2010-723, to provide a records management
system. New World Systems Corporation will furnish to 9-1-1 licensed software products and
provide services, more specifically, Aegis Public Safety RMS, including maintenance of the
software (collectively "RMS"). 9-1-1 is obligated to pay for maintenance of the RMS software
and the system. The licensed software products will be utilized by Law Enforcement and Law
Enforcement has the right to use the licensed software products and system while they remain a
party to this agreement and comply with the payment requirements of this agreement. The
parties to this agreement have agreed to apportion the maintenance costs among the listed law
Page I of 11
Records Management System IGA DC 2012 -009
enforcement agencies as set forth in this agreement and this agreement is limited in scope to the
parties' payment obligations in years 2-5 of the software maintenance agreement; and
WHEREAS, 9-1-1 will issue an annual invoice to each of the law enforcement agencies who are
parties to this agreement, which represents each agency's obligation under this agreement. 9-1-1
shall otherwise comply with its obligations under its New World Systems contract.
NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, it
is mutually agreed as follows:
1. DURATION
1.1 EFFECTIVE DATE. This agreement is effective upon the signature of all parties and
terminates on June 30, 2015.
1.2 TERMINATION. The parties agree to give 90 days written notice of the intention to
terminate participation in this agreement to all other participating partner agencies. Terminations
shall not affect any obligation or charge incurred or liability arising prior to the effective date of
termination. In the event of a termination by a party, the remaining parties' obligations will be
determined as provided in the last subsection of Section 3 below.
2. AGENCY OBLIGATIONS
9-1-1 OBLIGATIONS:
Each December, 9-1-1 shall issue an invoice to each law enforcement agency, payable no later
than July 15 th •
LAW INFORCEMENT OBLIGATIONS:
Each Law Enforcement agency shall pay 9-1-1 the annual amounts set forth below.
3. COSTS RELATED TO THE AEGIS PUBLIC SAFETY RMS
Fees for Aegis Public Safety RMS software and hardware, training, and system maintenance fees
for the Fiscal Year 2010-11 were $1,130,000.00. The fees for system maintenance for
subsequent years are as follows:
• Year 2: $186,768.00 (Fiscal Year 2011-12)
• Year 3: $198,441.00 (Fiscal Year 2012-13)
• Year 4: $210,114.00 (Fiscal Year 2013-14)
• Year 5: $221,787.00 (Fiscal Year 2014-15)
25/75 FORMULA:
At a meeting of the 9-1-1 Executive Board on June 8,2011, the apportionment for the payment
of system maintenance costs for Year 2 through Year 5 of this Agreement was established and
agreed to by Law Enforcement.
On an annual basis, each of the five law enforcement agencies will pay an equal share of 25% of
the maintenance costs as well as a portion of the remaining 75% of the costs.
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Records Management System IGA
The annual fee for each law enforcement agency representing 25% of the system maintenance
costs is as follows:
• FY 2011-12: $9,338.00
• FY 2012-13: $9,922.00
• FY 2013-14: $10,506.00
• FY 2014-15: $11,089.00
The formula to determine each law enforcement agency's share of 75% of the fees was derived
from the percentage of the case numbers during calendar year 2010 for a given law enforcement
agency. This formula was agreed to by the law enforcement agencies.
The below percentages were agreed upon by the law enforcement agencies:
• Bend Police Department: 41 %
• Black Butte Ranch Police Department: 1%
• Deschutes County Sheriffs Office: 31 %
• Redmond Police Department: 26%
• Sunriver Police Department: 1%
The parties agree that this percentage distribution may be re-evaluated at the request of any party
to this agreement and that the distribution may be changed only upon a majority vote of the
parties. Changes in the percentage distribution will not affect the obligations of all law
enforcement agencies to satisfy their portion of the 25% of system maintenance costs and each
agency's obligation to pay the agency's portions of the 75% of system maintenance costs up to
the effective date of any change in the distribution formula.
Below are the actual fees which represent each law enforcement agency's share of the 75% cost
of system maintenance, based upon the formula described above:
Fiscal Year 2011-12
• Bend Police Department: $57,432.00
• Black Butte Ranch Police Department: $1,401.00
• Deschutes County Sheriffs Office: $43,424.00
• Redmond Police Department: $36,420.00
• Sunriver Police Department: $1,401.00
Fiscal Year 2012-13
• Bend Police Department: $61,021.00
• Black Butte Ranch Police Department: $1,488.00
• Deschutes County Sheriffs Office: $46,138.00
• Redmond Police Department: $38,696.00
• Sunriver Police Department: $1,488.00
Page 3 of 11
Records Management System IGA
Fiscal Year 2013-14
• Bend Police Department: $64,610.00
• Black Butte Ranch Police Department: $1,576.00
• Deschutes County Sheriffs Office: $48,851.00
• Redmond Police Department: $40,972.00
• Sunriver Police Department: $1,576.00
Fiscal Year 2014-15
• Bend Police Department: $68,200.00
• Black Butte Ranch Police Department: $1,664.00
• Deschutes County Sheriffs Office: $51,566.00
• Redmond Police Department: $43,249.00
• Sunriver Police Department: $1,664.00
TOTAL ANNUAL COSTS
The total, annual costs for each law enforcement agency, including both the 25% and a portion of
75% ofthe costs, are as follows:
Fiscal Year 2011-12
• Bend Police Department: $66,770
• Black Butte Ranch Police Department: $10,739
• Deschutes County Sheriffs Office: $52, 762
• Redmond Police Department: $45,758
• Sunriver Police Department: $10,739
Fiscal Year 2012-13
• Bend Police Department: $70,943
• Black Butte Ranch Police Department: $11 Al 0
• Deschutes County Sheriff s Office: $56,060
• Redmond Police Department: $48,618
• Sunriver Police Department: $11,410
Fiscal Year 2013-14
• Bend Police Department: $75,116
• Black Butte Ranch Police Department: $12,082
• Deschutes County Sheriff's Office: $59,357
• Redmond Police Department: $51 A78
• Sunriver Police Department: $12,082
Fiscal Year 2014-15
• Bend Police Department: $79,289
• Black Butte Ranch Police Department: $12,753
• Deschutes County Sheriffs Office: $62,655
• Redmond Police Department: $54,338
• Sunriver Police Department: $12,753
Page 4 of 11
Records Management System IGA
ADJUSTMENT IN CASE OF TERMINATION
If a party terminates the agreement under Section 2, the payment due from that party will be
reallocated to the remaining parties using the same formula as established in this section: 25% of
the cost will be allocated on a per entity basis among the remaining parties, and 75% will be
allocated based on the percentage of the case numbers during calendar year 2010, as if the
terminating party had not drawn any case numbers.
4. PARTNERSHIP
9-1-1 and the law enforcement agencies are not, by virtue of this agreement, partners or joint
venturers with each other in connection with activities carried out under this agreement and shall
have no obligation with respect to 9-1-1 's or law enforcement agencies' debts or any other
liabilities of each and every nature.
5. ASSIGNMENT
This agreement is binding on each party, its successors, assigns, and legal representatives, and
may not, under any circumstance, be assigned or transferred by any party.
6. Arbitration Required and Attorneys' Fees: Any dispute or claim that arises out of or that
relates to this agreement, or to the interpretation, breach, or default thereof, or to the existence,
scope or validity of this agreement or the arbitration agreement, shall be resolved by arbitration
in accordance with the then arbitration rules of and by filing a claim with Arbitration Service of
Portland, Inc., and judgment upon the award rendered pursuant to such arbitration may be
entered in any court having jurisdiction thereof. In the event suit or action is brought, or an
arbitration proceeding is initiated, to enforce or interpret any of the provisions of this agreement,
or that arise out of or relate to this agreement, the prevailing party shall be entitled to reasonable
attorney's fees in connection therewith. The determination of who is the prevailing party and the
amount of the reasonable attorney's fees to be paid to the prevailing party shall be decided by the
arbitrator(s), with respect to attorney's fees incurred prior to and during the arbitration
proceedings, and by the court or courts, including any appellate court, in which such matter is
tried, heard, or decided, including a court that hears a request to compel or stay litigation or that
hears any exceptions or objections to, or requests to modify, correct, or vacate, an arbitration
award submitted to it for confirmation as a judgment.
7. ENTIRE AGREEMENT
This agreement constitutes the entire agreement between the parties on the subject matter hereof.
There are no understandings, agreements, or representation, oral or written, not specified herein
regarding this agreement. Any modification to this agreement must be in writing and signed by
all parties.
8. EXECUTION IN COUNTERPARTS
This agreement may be executed by each of the parties in counterparts, which upon execution
and delivery to 9-1-1 shall be considered an original for all purposes.
Page 5 of 11
Records Management System IGA
FOR DESCHUTES COUNTY
9-1-1 SERVICE DISTRICT
:?C' ...............I
Robert Poirier, Director .........
Date ~~I)I Ir ,2012
BOARD OF COUNTY COMMISSIONERS,
DESCHUTES COUNTY, OREGON, ACTING AS
THE GOVERJ\lING BODY OF DESCHUTES
COUNTY 9-1-1 SERVICE DISTRICT
Anthony DeB one, Chair
Alan Unger, Vice Chair
ATTEST:
Tammy Baney, Commissioner
Recording Secretary
Date ________, 2012
Page 6 of 11
Records Management System lOA
TE RANCH SERVICE DISTRICT
Randy Garcia, Chair
Date _ 2--j)/'----2_.3____,2012 Date ___2..--l-I_Z_-->___, 2012
BOARD OF COUNTY COMMISSIONERS
DESCHUTES COUNTY, OREGON, ACTING AS THE
GOVERNING BODY OF BLACK BUTTE RANCH
SERVICE DISTRICT:
Anthony DeBone, Chair
Alan Unger, Vice Chair
Tammy Baney, Commissioner
Date ________, 2012
ATTEST:
Recording Secretary
Page 7 of 11
Records Management System lGA
FOR THE CITY OF BEND
Jeffry Sale, Chief of Police Eric King,
Date +-to -{L ,2012 Date 7-)D-/~ ,2012
Approved by Council on __~5_-------,7~"'_~_O~/;;"=--____,..ztT1T
Date _1Ie~t.-,7_____+--_I D , 2012
Page 8 of 11
Records Management System IGA
FOR THE CITY OF REDMOND
David Brandt, City Manager
Date ___ :3_0-.L _____-', 2012 Date ___/"-"'-'_-_ 1 2__-_/'2..___,2012·
APPROVED AS TO FORM:
J;G~wJ\-
Steve Bryant, Legal C'Ounsel
Date '3 -\ L.. -\ L-, 2012
Page 9 of II
Records Management System IGA
BOARD OF COUNTY COMMISSIONERS
Anthony DeBone, Chair
Alan Unger, Vice Chair
ATIEST:
Tammy Baney, Commissioner
Date _______--', 2012
Recording Secretary
Page 10 of 11
Records Management System IGA
FOR SUNRlVER SERVICE DISTRICT
&lh-r Ibft1
Ron Angell, Chao
,2012 Date__4 --=-:......;C)-S---,51,=---',20 12
BOARD OF COUNTY COMMISSIONERS,
DESCHUTES COUNTY, OREGON, ACTING AS
THE GOVERNING BODY OF SUNRIVER
SERVICE DISTRICT:
Anthony DeBone, Chair
Alan Unger, Vice Chair
ATTEST:
Tammy Baney, Commissioner
Date ________,2012
Recording Secretary
Page 11 of 11
Records Management System IGA