Agenda Item - 2022-05-17 - Number 8.1 - IGA with the City of Milwaukie for LOCOM Services 8.1
COUNCIL REPORT
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Subject: Intergovernmental Agreement (IGA) with City of Milwaukie for Public Safety
Communication Services provided by Lake Oswego Communications Center (LOCOM) for
another four years.
Meeting Date: May 17, 2022 Staff Member: Susan Scobert
Department: Police Department
Action Required Advisory Board/Commission Recommendation
❑X Motion ❑ Approval
❑ Public Hearing ❑ Denial
❑ Ordinance ❑ None Forwarded
❑ Resolution ❑ Not Applicable
❑ Information Only Comments:
❑ Council Direction
❑X Consent Agenda
Staff Recommendation: Approval of the Intergovernmental Agreement
Recommended Language for Motion: Move to Authorize the City Manager to sign the 2022-
2026 Intergovernmental Agreement with the City of Milwaukie for public safety
communication services by the LOCOM Center.
Project/ Issue Relates To: LOCOM services
Issue before Council (Highlight Policy Question):
❑Council Goals/Priorities ❑Adopted Master Plan(s) ❑Not Applicable
BACKGROUND
Lake Oswego Communications Center (LOCOM) has provided 911 call answering and
dispatching for the City of Milwaukie since 2003. This relationship has been mutually beneficial
to both communities by providing the City of Milwaukie with the service they desire and
allowing the City of Lake Oswego to benefit from a larger, more efficiently utilized staff and
503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeosweao.city
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seamless interoperability. In addition, it solidifies Lake Oswego's position as one of two Public
Safety Answering Points in Clackamas County by providing service to three of the largest
municipalities in Clackamas County. This agreement fits with LOCOM's mission to provide the
highest level of customer service, provide mission critical public safety information to first
responders, and to be fiscally responsible for the City of Lake Oswego.
DISCUSSION
The current Intergovernmental Agreement (IGA) covered the contract period from 2018-2022.
The new agreement continues the existing relationship for another four years, 2022—2026,
with updates on some minor contract language and changes to the cost formula in Years 1 and
2 to assist with improvements in technology and replacement of dispatch equipment. In Years
1 and 2 the increase is six percent: four percent for wages and two percent for CAD
maintenance. In Years 3 and 4 the increase is four percent for wages.
ATTACHMENTS
1. IGA with Milwaukie
503.635.0215 380 A Avenue PO BOX 369 Lake Oswego, OR 97034 www.lakeoswego.city
ATTACHMENT 1
INTERGOVERNMENTAL
COOPERATIVE AGREEMENT
PUBLIC SAFETY COMMUNICATIONS SERVICES
THIS AGREEMENT is made and entered into by and between the CITY OF LAKE
OSWEGO,an Oregon municipal corporation(hereinafter"Lake Oswego");and the CITY OF
MILWAUKIE,an Oregon municipal corporation(hereinafter"Milwaukie")
WITNESSETH:
RECITALS.
1. Lake Oswego operates through its Police Department,Communications Division,a
public safety dispatching facility(hereinafter"LOCOM Center")to provide public safety
dispatching services to fire and police departments of Lake Oswego and,by this agreement,
Milwaukie.
2. The parties acknowledge that they have authority to execute this cooperative
intergovernmental agreement pursuant to the terms of their respective municipal charters and
pursuant to ORS 190.010.
NOW THEREFORE,it is agreed by and between the parties hereto as follows:
1. Descrintion of Services to be Provided. Lake Oswego.through LOCOM Center,
shall provide public safety dispatching services for Milwaukie's Police Department for the period
of July 1,2022,through June 30,2026.The dispatching services include,but are not limited to:
• 24-hour-per-day answering of emergency telephone lines(including 9-1-1 calls)for
fire,police,and emergency medical service requests;
• radio communications with police personnel regarding emergency and routine police
matters;
• Dispatching and other services for law enforcement purposes as set forth in Exhibit
"A;"and
• Coordination of Clackamas County Emergency Notification System,administration
of users,activation for life-safety situations.
2. Control. The manner of LOCOM Center's performance of dispatch services,
including but not limited to the establishment of standards of personnel performance,the hiring,
supervision and discipline of LOCOM Center employees,and all other matters incident to
LOCOM Center's performance of such services shall be under the exclusive authority of Lake
Oswego.
3. Obligation of Lake Oswego to Provide Labor and Equipment. Lake Oswego shall
supply all necessary labor,supervision,equipment and supplies necessary to maintain the services
to be rendered hereunder as long as Milwaukie's obligations under Section 7,and elsewhere
under this Agreement,are met.
4. Obligation of Milwaukie for MSAG and GIS. Milwaukie shall continue to provide
MSAG(Master Street Address Guide)and GIS information for Milwaukie's street system to
Clackamas County.
5. Consideration.
A. Annual Contract Amount. On or before January 1 of each fiscal year,
Milwaukie shall pay to Lake Oswego the Base Annual Contract Amount set forth below for
that fiscal year,less a sum equal to Milwaukie's total 9-1-1 tax distribution from the State for
the previous fiscal year("Previous Year Tax Receipts").
Fiscal Year Base Annual Contract
Amount' for Fiscal Year
New Year 1 2022-2023 $675,500.00
Year 2 2023-2024 $716,000.00
Year 3 2024-2025 $744,600.00
Year 4 2025-2026 $774,300.00
The amount paid to Lake Oswego directly by Milwaukie each fiscal year pursuant to this Section
5A shall be further adjusted as described in Section 5C below to ensure that it is ultimately
reduced by a sum equaling Milwaukie's actual 9-1-1 tax distribution from the State for that fiscal
year("Actual Current Year Tax Receipts"),which have been assigned to Lake Oswego pursuant
to Section 5B below.
B. Assignment of 9-1-1 Tax Receipts. Milwaukie hereby assigns its 9-1-1 tax
disbursements directly to Lake Oswego for the duration of this Agreement,and shall direct the
State 9-1-1 Office to pay all of Milwaukie's 9-1-1 tax disbursements directly to Lake Oswego for
the duration of this agreement.
C. Payment of Difference of Previous v. Current 9-1-1 Tax Receipts.
Not later than 30 days following payment by the State to Lake Oswego of the final installment of
Milwaukie's 9-1-1 Tax receipts for each fiscal year:
i. Milwaukie shall pay Lake Oswego a sum equaling the amount, if any,
by which the Previous Year Tax Receipts exceed the Actual Current Year Tax Receipts for that
fiscal year;
ii. Lake Oswego shall pay Milwaukie a sum equaling the amount,if
any,by which the Actual Current Year Tax Receipts for that fiscal year exceed the Previous Year
Tax Receipts.
6. Adjustment of Base Annual Contract Amount.
In the event Milwaukie's calls for service in any fiscal year exceed 15%over the
previous fiscal year,Lake Oswego shall notify Milwaukie in writing within 30 days following the
expiration of that fiscal year,or,at Lake Oswego's option,such earlier time as it appears to Lake
Oswego likely that the calls for service for that fiscal year will exceed 15%from the prior fiscal
year.
' The Base Annual Contract Amount includes funding to assist with improvements in technology
and replacement of dispatch equipment.
Within 15 days following notification under this section,the parties shall meet in good
faith to discuss the financial impact to Lake Oswego to respond to the anticipated additional calls
for service for the next fiscal year(the fiscal year after the fiscal year in which the calls for
service exceeded 15%). The parties shall endeavor to reach agreement upon an adjustment
amount to the Base Annual Contract Amount in Section 5(A)above for that next fiscal year(the
fiscal year after the fiscal year in which the calls for service exceeded 15%),and the listed
subsequent fiscal years,to provide fair compensation to Lake Oswego for the additional costs
incurred in responding to the calls for service and dispatch.
If the parties are unable to agree upon an adjustment to the Base Annual Contract
Amount within 30 days following the notification described above,either:
a. The parties may mutually agree to arbitration,in such manner as they
agree,to establish the amounts of adjustment;or
b. Either party may unilaterally terminate this Agreement effective 180
days following written notice of the decision to terminate. If either party elects this option,the
amounts due for the applicable year pursuant to Sections 5 above shall be paid,pro rata,to the
termination date.
7. Use of Compatible Ectuinment. For the duration of this Agreement:
Milwaukie shall operate on the 800 MHz digital radio system and remain a partner
with the C800 radio group. Lake Oswego will accept responsibility for connectivity to C800 and
general repair issues. In the event Milwaukie choses to utilize a disparate system,Milwaukie will
be responsible for all costs associated with procuring a dispatch console,connectivity,warranty,
and software licensing and support.
Lake Oswego shall provide the information technology support services identified in
Exhibit B.
Milwaukie shall be responsible for its own purchases of mobile data computer
(MDC)approved hardware, installation,and ongoing data connection costs.
Milwaukie shall work with Lake Oswego IT prior to adding any additional software
to their MDC to ensure compatibility with the MDC interface and software.
8. LOCOM Center User Board. For the duration of this Agreement,Milwaukee shall
participate as a member of the LOCOM Center User Board.
9. Limitation of Liability. Subject to the limitations of the Oregon Tort Claims Act
ORS 30.260 et. seq.,and the Oregon Constitution,Lake Oswego hereby covenants and agrees to
hold and save Milwaukie and all of its officers,agents,and employees harmless from all claims
whatsoever that might arise against Milwaukie,its officers,agents,or employees as a result of the
performance of the duties to be performed by Lake Oswego by the terms of this agreement. By so
doing, Lake Oswego, its officers and employees, shall not be deemed to have assumed any
liability for acts of Milwaukie or of any officer,agent,or employee thereof,and Milwaukie
hereby covenants and agrees to hold and save Lake Oswego and all of its officers and employees
harmless from all claims whatsoever that might arise against Lake Oswego,its officers or
employees,by reason of any act of Milwaukie,its agents,officers,and employees. For this
purpose,employees of the LOCOM Center shall be deemed to be employees of Lake Oswego not
as agents or employees of Milwaukie.
10. Provision of Information. Milwaukie shall provide the LOCOM Center with,and
will update as necessary,maps of Milwaukie with addresses,a 24-hour emergency telephone
number list for on-call city personnel,known residential and business emergency contact
numbers,current building and development site information,a copy of the City of Milwaukie's
City ordinances,emergency information for emergency operations center(EOC)personnel,bi-
annual radio assignments including radio identification number for mobile and portable radios,
bi-annual cell phone assignment with current carrier and any other pertinent information deemed
necessary by Lake Oswego to effectively perform dispatching duties.
11. Termination of Agreement. Lake Oswego may terminate this Agreement at any time
for non-payment of any sum when due as required by Section 5 of this Agreement. Otherwise,
either party may terminate this agreement effective July 1 of any fiscal year,provided written
notice is given to the other party by January 1 of the preceding fiscal year.
12. Non-appropriation. Lake Oswego may terminate this Agreement,in whole or in part,
upon thirty(30)days written notice to Milwaukie,in the event that Lake Oswego fails to receive
funding,appropriations or other expenditure authority at levels sufficient to perform the services
set forth in this Agreement.
13. Amendment Provisions. The terms of this agreement may be amended by mutual
agreement of the parties. Any amendment shall be in writing,shall refer specifically to this
agreement,and shall be executed by the parties.
14. Notice. Any notice under this agreement shall be in writing and shall be effective
when actually delivered or when deposited in the mail,registered or certified,addressed to the
parties as follows:
Lake Oswego: City Manager
City of Lake Oswego
P.O. Box 369
Lake Oswego,OR 97034
Milwaukie City Manager
City of Milwaukie
10722 SE Main Street
Milwaukie,OR 97222
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[Signatures on Next Page]
IN WITNESS WHEREOF,the parties by execution of this Agreement hereby
acknowledge that their signing representatives have read this Agreement,understand it, and agree
to be bound by its terms and conditions.
CITY OF MILWAUKIE CITY OF LAKE OSWEGO
Name Title Name Title
S/W /ZoZ�
Date Date
APPROVED AS TO FORM: APPROVED AS TO FORM:
Digitally signed by Evan P.Boone
DN:cn=Evan P.Boone,odity of Lake Oswego.
nudity Attorney's Office,
' r`—' `- 1. - mug •boone@ci.oswego.or.us.c=U5
Date:2022.04.1816:37.15-07'00'
Milwaukie City Attorney Lake Oswego Deputy City Attorney
EXHIBIT A
LAW ENFORCMENT DISPATCH ACTIVITIES
LOCOM Center provides for each member department a full public safety call answering and
dispatching service by dual certified dispatchers who:
1. Answer,screen,transfer,and call take 9-1-1 calls.
2. Answer police department non-emergency telephone calls 24 hours a day.
3. Screen telephone calls to determine: the nature of the call, location of the incident,
pertinent information.
4. Provide dispatching of appropriate resources.
5. Provide dispatching of additional cover units and other needed resources for field units.
6. Keep the officers' status and document all officers' activities. Monitor officers' safety by
checking their status,using department directed pre-set time guidelines.
7. Provide on-site department access to all activities and documentation maintained on the
computer aided dispatch system.
8. Work with Milwaukie PD to provide an activity bulletin within the confines of the
MAJCS CAD system.
9. Provide all authorized field unit's direct availability into the Milwaukie,Clackamas
County,state,and national computer systems(Mark 43,CLASS-Clackamas Law
Enforcement Support System, LEDS-Oregon Law Enforcement Data System, DMV-
Department of Motor Vehicles, NCIC-National Crime Information Center, AND CCH-
Computerized Criminal History.)Milwaukie PD agrees to provide adequate licensing to
LOCOM Center for any additional records management systems the department is
utilizing and requesting database searches by LOCOM staff.
10. Verify and confirm all warrants,stolen and other"hits"by telephone and teletype.
11. Compose and send all time critical teletype messages using the state and national
computerized files.
12. Make telephone calls for field units as required.
13. Act as an interface between field units and other public safety agencies.
14. Maintain after hours numbers for emergencies and other call outs for agency employees.
15. Provide dispatching for community service officers and other support functions.
16. Maintain the warrant file for municipal court service.
17. Provide dispatching for animal control officers if requested by a member department.
18. Provide dispatching for Public Works employees after hours as needed.
EXHIBIT B
INFORMATION TECHNOLOGY SUPPORT SERVICES
Lake Oswego shall provide the following services in support of Milwaukie's MDC program:
1. Provide MDC computer specifications and vendor ordering information on request.
2. Pick up MDC from Milwaukie's Information Technology(IT)staff once tagged and
return to Milwaukie IT when removed from service for final disposition.
3. Define,configure, install and maintain computer image(s)that support Lake Oswego's
MDC operations.
4. Name MDC with City of Milwaukie asset tag ID(e.g., MDXXX.)
5. Configure and install Lake Oswego supported anti-virus software.
6. Configure and install any special hardware or software applications desired by Milwaukie
that support police operations and are also approved by Lake Oswego.Connecting
significant hardware capability to the MDC may result in additional support cost to be
negotiated separately. Support for the MK43 RMS is limited to determining connectivity
to the MK43 website.
7. Coordinate installation of MDC into police vehicles.
8. Install and support MDC connectivity to CAD as needed.
9. Provide updated listing of MDC placement by vehicle to Milwaukie IT staff to include
software license assignment for Milwaukie specific applications.
10. Provide MDC configuration and support in compliance with Criminal Justice Information
Services and LEDS standards.
1 1. Provide all MDC and user support including connectivity troubleshooting during normal
business hours and provide after-hours trouble reporting procedures.
12. Coordinate hardware repair with vendor for Panasonic MDCs.Out of warranty repairs
will be the financial responsibility of Milwaukie.
Milwaukie shall provide the following services in support of the MDC program:
1. Order,purchase and track all MDC hardware;record serial numbers and affix City of
Milwaukie asset tag
2. Order,purchase and provide software licenses and volume license keys not provided by
the Lake Oswego
3. Properly dispose of decommissioned MDC hardware