The URL can be used to link to this page

Home My WebLink AboutDoc 220 - IGA - SO - Sunriver SD - Radio SystemDeschutes 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 June 24,2013 DATE: June 12,2013 FROM: Darryl Nakahira, Sheriffs Office Legal Counsel Phone: 541-617-3369 TITLE OF AGENDA ITEM: Consideration of Board Signature of Intergovernmental Agreement: IGA# 2013-220 Deschutes County and Sunriver Service District PUBLIC HEARING ON THIS DATE? No. BACKGROUND AND POLICY IMPLICATIONS: This is the annual renewal of the IGA between the Sunriver Police Department and the Sheriffs Office for the use of the Sheriffs Office Radio Communication System. The Sheriffs Office is responsible for the operation and control of the Communication System, provides all maintenance and necessary repairs to its infrastructure and insures that any new users of the system do not negatively impact the functioning of the System. FISCAL IMPLICATIONS: For FY 2013-2014, the Sunriver Police Department has 27 radios and will pay the Sheriff a total of $16,200.00. RECOMMENDATION & ACTION REQUESTED: Sign the annual renewal for the use of the Sheriffs Office Communications System. ATTENDANCE: Darryl Nakahira, Sheriffs Office Legal Counsel DISTRIBUTION OF DOCUMENTS: Call Pat Davis, Sheriffs Office Legal Assistant, x3367, or email when one of the originals is ready for pick up. DESCHUTES COUNTY DOCUMENT SUMMARY Date: June 12, 2013 Department: Sheriff s Office Contractor/Supplier/Consultant Name: Sunriver Service District Contractor Contact: Chief Mills Contractor Phone #: 541-593-1014 Type of Document: IGA #2013-220 Deschutes County and Sunriver Service District Goods and/or Services: The Sunriver Police Department wishes to contract with the Sheriffs Office for use of the Sheriffs Radio Communication System. Background & History: This IGA is the annual renewal between the Sunriver Police Department and the Sherift's Office for the use of the Sheriffs Radio Communication System. The Sunriver Police Department wishes to contract with the Sheriff for use of the Sheriffs Radio Communication System. The Sheriffs Office is responsible for the operation and control of the Communication System, provides all maintenance and necessary repairs to its infrastructure and insures that any new users of the Communication System do not negatively impact the functioning of the Communication System. Agreement Starting Date: July 1, 2013 Ending Date: June 30, 2014 Annual Value or Total Payment: For FY 2013-2014, the Sunriver Police Department has 27 radios and will pay $16,200.00. Check all that apply: D RFP, Solicitation or Bid Process D Infonnal quotes «$150K) [gJ Exempt from RFP, Solicitation or Bid Process (specify-see DCC §2.37) Funding Source: (Included in current budget? [gJ Yes D No If No, has budget amendment been submitted? Yes D No Is this a Grant Agreement providing revenue to the County? DYes rg] No Departmental Contact and Title: Darryl Nakahira, Sheriffs Office Legal Counsel Phone: 541-617-36 SheriffsApproval: ---f--->C:::-r--i---fj'-b"'+-~- Date Distribution of Document: Call Pat Davis, Sheriffs Office Legal Assistant, x3367, or email when one of the originals is ready for pick up. Official Review: County Signature Required (check one): L8J BOCC 0 Department Director (if <$25K) o Administrator (if>$25K but <$150K; if>$150K, BOCC Order No. _________) Legal Review ~~~ Date {O 11'J./13 Document Number 2012-220 DC 2013· 220 INTERGOVERl~MENTAL AGREEMENT CONTRACT NO. 2013-220 DESCHUTES COUNTY AND SUNRIVER SERVICE DISTRICT (POLICE DEPARTMENT) LAW ENFORCEMENT COMMUNICATIONS SYSTEMS AGREEMENT TIllS AGREEMENT is made and entered into by and between Deschutes County, Oregon, a political subdivision of the State of Oregon, by and through its Sheriffs Office, hereinafter referred to as "Sheriff:" and the Governing Body of Sunriver Service District, by and through its Police Department, hereinafter referred to as "Sunriver." WHEREAS, Sunriver desires to continue its use of the Sheriff's Trunked Radio Communications ("TRe") System fOT Suruiver's police department; and WHEREAS, Sheriff agrees to provide Sunriver use of such systems; now, therefore, IT IS HEREBY AGREED as follows: 1. Duration 1.1 Effective Date. This Agreement is effective July 1,2013 and terminates at 11:59 p.m. on June 30,2014. 1.2 Termination. Either pat1y upon 90 days' written notice to the other party may temlinate this Agreement. Termination under this paragraph shall not affect any obligations or liabilities accrued prior to such termination . 2. Scope of Agreement 2.1 SHERIFF AGREES TO: Page 1 of 4 DC L 013 . 220 2.Ll Provide Sunriver with use of its Trunked Radio Communication ("TRC") System. 2.1.2 Allow Sunriver to remain on Sheriffs TRC System as long as Sunriver's use does not unreasonably interfere with other authorized users of either System. 2.1.3 Be solely responsible for the operation and control of the communications system, including management of the 800 MHz Simulcast TRC System. 2.1.4 Provide ID numbers for all Sunriver Police Departmcnt radios using the Sheriff's 800 MHz system. 2.1.5 Provide all maintenance and necessary repairs to its communication infrastructure system. 2.1.6 Insure that any new users of the Communication System do not negatively impact the functioning of the system. 2.2 SUNRIVER AGREES TO: 2.2.1 Abide by the terms of use provided under this Agreement. 2.2.2 Inform Sheriff of the type and serial number of each radio using the system. 2.2.3 Insure all radios using the Sheriffs TRC System meet the standards of the Sheriff's current TRC System and any future expansion system. 2.2.4 Use only Sherifrs radio programs compatible with Sheriffs TRC Systems. 2.2.5 Limit use of the TRC System to Sunriver Police Department personnel and Sheriff approved personnel, except in emergency situations necessitating Sunriver Police Department communication with other Sunriver departments. 3. Compensation 3.1 Sunriver agrees to pay Sheriff the amounts set forth below: $16,200.00 for annual radio use based on 27 units. 3.2 Payments of the amounts listed under section 3.t shall be paid annually on Page 2 of4 4. Partnership Sheriff is not, by virtue of this Agreement, a partner or joint venture with Sunriver in connection with activities carried out under this Agreement, and shall have no obligation with respect to Sunriver's debts or any other liabilities of each and every nature. 5. Constraints This Agreement is expressly subject to the debt limitation of Oregon counties set forth in Article XI, Section 10, of the Oregon Constitution, and is contingent upon funds being appropriated therefore. Any provisions herein, which would conflict with law, are deemed inoperati ve to that extent. 6. Non-Appropriation [n the event sufficient funds shall not be appropriated for payment of service or support under this Agreement, either party may terminate this Agreement in accordance with paragraph 1.2. 7. Attorney Fees In the event an action, lawsuit or proceeding, including appeal therefrom, is brought for failure to observe any of the terms of this Agreement, each party shall be responsible for its own attorney fees, expenses, costs and disbursements for said action, lawsuit, proceeding or appeal. 8. 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 either party. 9. No Waiver of Claims The failure to enforce any provision of this Agreement shall not constitute a waiver by either party to that or any other provision of this Agreement. Page 3 of4 10. Entire Agreement Notwithstanding and succeeding any and all prior agreements(s) or practice(s), this Agreement constitutes the entire Agreement between the parties and may only be expressly modified in writing(s) signed by both parties. DATE ~.......:~=-.-....:.}--=O""--___,2013 TOM ANDERSON Deschutes County Administrator DATE ________----." 2013 FOR SUNRIVER SERVICE DISTRICT: MARC MILLS Sunriver Police Chief DATE ~~611L..-_--,-/-.:;:;"~___,2013 ---=lwc'--7f--_A-t==_/b1~.~~~-",-Y3,",-~--"'O;i,~_I/ U JIMWiLS~ Sunriver Service District Board DATE ~_5---,/,--1=-0.l-1,-/'?J-L..-__' 2013 cI;~ BOARD OF COUNTY COMMISSIONERS DESCHUTES COUNTY, OREGON, ACTING AS THE GOVERN1NG BODY OF SUNRIVER SERVICE DISTRICT: FORDESC LARRY Deschute ALAN UNGER, Chair TAMMY BANEY, Vice Chair ATTEST: ANTHONY DEBONE, Commissioner Recording Secretary DATE _________, 2013 Page 4 of 4