HomeMy WebLinkAboutDoc 654 - 9-1-1 Amended Op Agrmt - FinalDeschutes 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 December 11, 2013
DATE: December 3, 2013
FROM: Erik Kropp Administrative Services ext. 6584
TITLE OF AGENDA ITEM:
Consideration and approval of Operating Agreement 2013-654, Deschutes County 911 Service District
Amended Operating Agreement.
PUBLIC HEARING ON THIS DATE? No.
BACKGROUND AND POLICY IMPLICATIONS:
The Board of Commissioners, serving as the Governing Body of the Deschutes County 911 Service
District, has created a 911 Executive Board and User Board to advise the Board of Commissioners on
issues related to 911. The Deschutes County 911 Service District Amended Operating Agreement,
Document 2010-441, outlines the role of the 911 User Board, 911 Executive Board, Administrator, etc.
The 911 Executive Board is recommending to the Board of Commissioners changes to the Operating
Agreement. The proposed changes are contained in Document 2013-654 and would change the role of
the 911 Executive Board to focus more on long term issues and vision for 911 as opposed to day-to-day
operations.
FISCAL IMPLICATIONS:
None.
RECOMMENDATION & ACTION REQUESTED
Staff recommends approval of Operating Agreement 2013-654, Deschutes County 911 Service District
Amended Operating Agreement.
ATTENDANCE: Deputy County Administrator Erik Kropp
DISTRIBUTION OF DOCUMENTS:
County Counsel's Office
911 Service District
County Administrator's Office
For Recording Stamp Only
DESCHUTES COUNTY 911 SERVICE DISTRICT
AMENDED OPERATING AGREEMENT
WHEREAS, the Deschutes County 911 Service District ("District") was formed on May 4, 1988 under
the authority of ORS Chapter 451 and ORS 401.720; and
WHEREAS, under ORS 451.485, the Governing Body of a county service district shall be the Board of
County Commissioners; and
WHEREAS, under ORS 451.610, the Governing Body ofa 911 service district shall appoint an advisory
committee to advise and assist the Governing Body in establishing, maintaining and operating the 911
emergency reporting system of the district, which shall consist of one representative from each public or private
safety agency within the district; and ; now therefore
The parties agree as follows:
1. PARTIES.
The following are eligible parties to this agreement with the District Governing Body:
-Deschutes County -Black Butte Ranch Rural Fire Protection District
-La Pine Rural Fire Protection District -Sunriver Service District
-City of Bend -Deschutes County Rural Fire Protection District #1
-City of Redmond -Deschutes County Rural Fire Protection District #2
-Black Butte Ranch Service District -City of Sisters
-Sisters/Camp Sherman Rural Fire Protection District -City of La Pine
-Cloverdale Rural Fire Protection District -Deschutes County Sheriff
-Crooked River Ranch Rural Fire Protection District -Redmond Fire and Rescue
2. USER BOARD.
a. There is hereby established a User Board consisting of one member appointed by and
representing each of the following public safety agencies ("User Agencies"):
-Deschutes County Sheriffs Office -Black Butte Ranch Rural Fire Protection District
-City of Bend Police Department -Black Butte Ranch Department of Police Services
-City of Bend Fire Department -Sisters/Camp Sherman Rural Fire Protection District
-City of Redmond Police Department -Sunriver Fire Department
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-Redmond Fire and Rescue -Sunriver Police Department
-La Pine Rural Fire Protection District -Deschutes County Rural Fire Protection District #2
-Cloverdale Rural Fire Protection District -Deschutes County Rural Fire Protection District #1
-Crooked River Ranch Rural Fire Protection District
b. The User Board shall meet annually for the purpose of receiving an annual report on District
challenges, issues and accomplishments and plans for the forthcoming year. A majority of the User
Board members may call a special meeting of the User Board for the purpose of addressing with the
County Administrator or governing body any issues of district-wide concern.
c. Meetings shall be held at a time and place designated by a majority of all User Board members,
or the User Board chair, if one is appointed, upon not less than seven days prior written notice to all
User Board members.
d. Meetings and records of the User Board shall conform to the requirements of ORS Chapter 192.
A written agenda for each User Board meeting along with the proposed minutes of the previous meeting
shall be delivered to the District Governing Body and to each User Board member at least two days prior
to each meeting.
3. EXECUTIVE BOARD OF THE USER BOARD.
a. The Executive Board shall consist of the following permanent members:
I) The Deschutes County SHERIFF or the Sheriffs designee.
2) The City of BEND POLICE CHIEF or the Chief's designee.
3) The City of REDMOND POLICE CHIEF or the Chief's designee.
4) The City of BEND FIRE CHIEF or the Chief's designee.
5) The REDMOND FIRE CHIEF or the Chief's designee.
b. In addition to the five permanent members there shall be two additional Executive Board
members:
1) The Sunriver Police Chief and the Black Butte Ranch Police Chief shall select from
between the two agencies one alternate for membership on the Executive Board.
2) The rural fire protection agencies shall select a User Board member to serve on the
Executive Board. Rural fire protection agencies include: Sisters/Camp Sherman, Black Butte Ranch,
La Pine, Sunriver, Cloverdale, and Crooked River Ranch.
3) The rural fire protection member shall serve during the same two-year term as the
Sunriver or Black Butte Police Chief.
c. The Executive Board shall be advisory to the County Administrator and shall act for and on
behalf of the parties and the User Board, except a majority of the User Board members may call a
special meeting ofthe User Board to consider any matter considered by the Executive Board.
d. A majority of the Executive Board shall constitute a quorum. A majority of the entire Executive
Board shall be required to take any action within the authority of the Executive Board.
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e. The Executive Board shall meet not less than quarterly at a time and place designated by the
County Administrator, or designee, upon not less than seven days prior written notice to all User Board
members.
f. Meetings and records of the Executive Board shall conform to the requirements of ORS Chapter
192. A written agenda for each Executive Board meeting along with the proposed minutes of the
previous meeting shall be delivered to the Liaison of the District Governing Body and each User Board
member at least two days prior to each meeting along with the proposed minutes of the previous
meeting.
g. The Executive Board shall review and provide input into operational rules, policies and
procedures of the District that impact user agencies.
h. The Executive Board shall provide advisory input to the Administrator on the annual proposed
budget for the District prior to the submission of the budget to the District budget committee
4. ADMINISTRATOR.
a. The District Governing Body hereby delegates operational and management responsibilities to
the County Administrator in accordance with Deschutes County Code Section 2.05.060 and 2.05.070.
l b. Without limiting the foregoing responsibilities, the Administrator shall be responsible for
administration, budget and personnel functions, including hiring, evaluating, supervising and
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terminating employees necessary for performing the services of the District. The Administrator, or
designee, shall supervise the 911 Director. The 911 Director shall plan, organize, and manage the
operations of the 911 Service District. The Administrator shall have the authority to hire, promote,
demote, discipline and terminate all District personnel in accordance with District personnel policies and
collective bargaining agreements. The Administrator shall review the personnel plan as needed and, with
the advice of the Executive Board make changes, if necessary.
c. The Administrator shall be responsible for call answering, dispatching, records, communications,
security and other communications center functions in conformance with the rules, policies, plans and
procedures of the District.
d. Subject to legal review, the Administrator may enter into contracts not to exceed $150,000,
subject to appropriation.
e. The Administrator, or designee, shall attend all District meetings. The 911 Director, or designee,
shall chair the 911 Executive Board meetings.
I f. The Administrator shall prepare, revise, and modify District policies and procedures that impact
user agencies subject to the advisory input of the Executive Board.
I g. The Administrator shall prepare the annual budget subject to the advisory input from the User
Board prior to Governing Board approval. The Administrator shall present the proposed budget in
a accordance with district budget timetables and Oregon Local Budget Law. 1
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h. The Administrator shall implement policies for the expenditures of budgeted items for the
District. Such policies shall be submitted to the Executive Board for review and recommendation. Such
policies shall thereafter be submitted to the District Governing Body for adoption.
i. The Administrator shall annually prepare and forward to the governing bodies of the parties, an
annual evaluation of the 911 emergency reporting system.
5. FINANCIAL TRANSACTIONS. The financial transactions of the Executive Board and
Administrator shall be in compliance with the requirements of the local budget laws and expenditure limitations
contained in the laws of the State of Oregon.
6. CONFIDENTIALITY. The User Board, Executive Board and Administrator shall not use, release
or disclose any information concerning any employee, client, applicant or person doing business with the
District for any purpose not directly connected with the administration of the District's Governing Body, User
Board's, Executive Board's or Administrator's responsibilities under this Agreement except upon anyone or
more of the following: valid subpoena, court order, as required under ORS 192.410 to 192.505, written consent
of the District Governing Body, or if applicable, the employee, client, applicant or person. The User Board,
Executive Board and Administrator shall ensure that its agents, officers and subcontractors and District
employees with access to records of the District Governing Body, the User Board, the Executive Board or the
Administrator understand and comply with this provision. The User Board, Executive Board or Administrator
shall immediately contact the District Legal Counsel when media contact occurs unless such contact occurs at a
public meeting of the District or relates to routine District administration, such as time and place of future
meetings.
7. FUNDING. Funding shall be derived as follows:
a. Excise taxes collected on telephone exchange access services and distributed to participating
local jurisdictions by the State pursuant to ORS 401.710 to 401.790.
b. Ad valorem property taxes received by the District.
c. The District may adopt additional funding methods, such as service fees and cost-sharing
formulas.
d. The Governing Body shall not take any action to change the funding mechanisms in b. and c.
above, without first receiving a recommendation from the User Board. Should such a recommendation
not be received by the Governing Body within 60 days of a request for same, the Governing Body may
act without the User Board's recommendation.
8. PARTICIPATING AGENCY EQUIPMENT.
a. Each User Board member shall be responsible for purchasing, maintaining and repairing their
own base, mobile and portable radio equipment, as well as direct landlines from the District Call Center
to their individual stations, remote radios and offices. User Board members shall not be responsible for
District landlines to District dispatch radios.
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b. Upon termination by a party and withdrawal from use of the public safety answering point, all
District equipment shall be returned to the District.
9. AUTHORITY AND DUTIES OF DISTRICT GOVERNING BODY.
a. The District Governing Body may at any time offer advice and direction to the User and the
Executive Board.
b. The District Governing Body shall be the approval authority for the District's annual budget,
personnel system and modifications thereto, tax measures, and fee proposals.
c. The District Governing Body shall sign all collective bargaining agreements.
d. The District Governing Body shall also provide the necessary auditing services to the District at
a mutually agreeable cost. The Administrator, Executive Board or User Board may, at any time, request
the services of county internal auditing services. Upon the request of the Governing Body, the District
shall cooperate with the county's internal auditor.
e. The District Governing Body, acting as members of the Budget Committee required by ORS
294.336, shall participate in the review and approval of the fiscal year budget, and shall assume
responsibility for compliance with all publication, notice and hearing requirements for the budget
process. The District Governing Body shall also be responsible for the preparation and completion of all
necessary election filings and other requirements for all tax election measures.
10. ACCOUNTING. The fiscal year of the District shall be the same as that established for Deschutes
County, Oregon.
11. FACILITIES. Deschutes County will provide space in the building, located at 20355 Poe Sholes
Drive, Bend, Oregon to house District operations, including all staff and equipment. Reasonable costs for rent,
maintenance and utilities will be based on actual costs to County and other occupants of the building.
12. OTHER SERVICES. If the District elects not to have District employees provide services, the
District may contract for, or provide necessary services to, the District such as, but not limited to, legal services,
personnel services, information technology, payroll and accounting services. Except for services furnished by
Deschutes County, all services provided to District by non-District employees shall be set out in written
contracts. In situations where it is determined by the Deschutes County Legal Counsel that an actual or
potential conflict of interest exists in the County Legal Counsel's representation of both Deschutes County and
the District, or that retaining legal services from outside the office of the Deschutes County Legal Counsel is in
the District's best interest, the District may utilize legal services other than Deschutes County Legal Counsel.
In the event the district utilizes the services of County Counsel, the District shall pay the County based upon the
County's established internal service provider formula for legal services.
13. DEFAULT PROVISION. In the event the District does not adopt operational (including personnel)
policies, rules, plans and procedures or contract for or provide necessary services, the applicable Deschutes
County policy, rule, plan, procedure or service shall be deemed adopted by the District.
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14. REVIEW/EVALUATION. This agreement shall be reviewed annually by the User Board to evaluate
the efficiency of the organizational structure.
15. AMENDMENT. This agreement may be waived, altered, modified, supplemented, or amended in
any manner only by written agreement of two-thirds of the parties.
16. ADMISSION OF NEW PARTIES. Additional public or private parties may be added by written
addendum to this agreement, signed by all parties. Parties admitted to this agreement midway through the fiscal
year may be admitted with a pro-rata financial commitment.
17. DURATION OF AGREEMENT. This Agreement shall be automatically extended from year to year
on the same terms and conditions, including modifications and amendments, unless it is terminated by written
agreement of two-thirds of the parties.
18. USER BOARD'S TENDER UPON TERMINATION. Upon receiving a notice of termination of
this Agreement, the User Board, Executive Board and Administrator shall immediately cease all activities under
this Agreement, unless the District Governing Body expressly directs otherwise in such notice of termination.
Upon termination of this Agreement, the User Board shall deliver to the District Governing Body all
documents, information, works-in-progress and other property that are, or would be, deliverables had the
Agreement been completed. Upon the District Governing Body's request, the User Board shall surrender to
anyone whom the District Governing Body designates, all documents, research, objects or other tangible things
needed to complete the work.
19. WAIVER The District Governing Body's delay in exercising, or failure to exercise any right,
power, or privilege under this Agreement shall not operate as a waiver thereof, nor shall any single or partial
exercise or any right, power, or privilege under this Agreement preclude any other or further exercise thereof or
the exercise of any other such right, power, or privilege. The remedies provided herein are cumulative and not
exclusive of any remedies provided by law.
20. GOVERNING LAW. This Agreement shall be governed by, and construed, in accordance with
the laws of the State of Oregon without regard to principles of conflicts of law. Any claim, action, suit or
proceeding (collectively, "Claim") between District Governing Body and the User Board members that arises
from or relates to this Agreement shall be brought and conducted solely and exclusively within the Circuit
Court of Deschutes County for the State of Oregon; provided, however, if a Claim must be brought in federal
forum, then it shall be brought and conducted solely and exclusively within the United States District Court for
the District of Oregon. The U.N. Convention on International Sales of Goods will not apply.
21. SEVERABILITY. If any term or provision of this Agreement is declared by a court of competent
jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not
be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did
not contain the particular term or provision held invalid.
22. ANTI-DISCRIMINATION CLAUSE. No person shall, on the grounds of race, color, creed,
national origin, sex, marital status, disability, age or association with any member of such classes, suffer
discrimination in the performance of this Agreement when employed by the District. The User Board shall
Page 6 of22 911 County Service Distria Amended Operating Agreement, Document 2013-654 December 2013
comply with Title VII of the Civil Rights Act of 1964, with Section V of the Rehabilitation Act of 1973, and
with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations.
Additionally, each party shall comply with the Americans with Disabilities Act of 1990 (Pub. L. No. 101-336),
ORS 659A.112 to .142, and all regulations and administrative rules established pursuant to those laws. Further,
User Board shall not discriminate against minority-owned, women-owned or emerging small businesses in
awarding subcontracts as required by ORS 279A. 110.
23. MERGER CLAUSE. This Agreement constitutes the entire agreement between the parties
regarding the operational agreement for the Deschutes County 911 Service District between the Deschutes
County Board of Commissioners and public safety agencies. All understandings and agreements between the
parties and representations by either party concerning this Agreement are contained in this Agreement. No
waiver, consent, modification or change in the terms of this Contract shall bind either party unless in writing
signed by two-thirds of the parties. Any written waiver, consent, modification or change shall be effective only
in the specific instance and for the specific purpose given.
24. SURVIVAL. All rights and obligations shall cease upon termination or expiration of this
Agreement, except for the rights and obligations set forth in Sections 5 and 18.
25. EFFECTIVE DATE. This Agreement shall be executed on behalf of each participant. This Agreement
shall become effective immediately upon being adopted and signed by a two-thirds majority of the eligible
parties.
26. PRIOR AGREEMENT(S). This Agreement replaces that certain Agreement entitled, Deschutes
County 911 Service District Amended Operating Agreement, Document 2010-441, , and any successor
agreement, if any, thereto.
27. COUNTERPARTS. This Contract may be executed in several counterparts, all of which, when
taken together, shall constitute one agreement binding on all parties, notwithstanding that all parties are not
signatories to the same counterpart. Each copy of this Agreement so executed shall constitute an original.
DATED this __day _____, 2013 BOARD OF COUNTY COMMISSIONERS OF
DESCHUTES COUNTY, OREGON, ACTING AS
THE GOVERNING BODY OF THE DESCHUTES
COUNTY 911 COUNTY SERVICE DISTRICT
ALAN UNGER, Chair
ATTEST: TAMMY BANEY, Vice Chair
Recording Secretary ANTHONY DEB ONE, Commissioner
Page 7 of22 911 County Service District Amended Operating Agreement, Document 2013-654 December 2013
DATED this __day of _____, 2013
BOARD OF COUNTY COMMISSIONERS OF
DESCHUTES COUNTY, OREGON
ALAN UNGER, Chair
DESCHUTES COUNTY SHERIFFS OFFICE
LARRY BLANTON, SHERIFF Date
TAMMY BANEY, Vice Chair
ANTHONY DEB ONE Commissioner
ATTEST:
Recording Secretary Date
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CITY OF BEND, OREGON
MAYOR Date
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CITY OF REDMOND, OREGON
MAYOR Date
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REDMOND FIRE AND RESCUE
BOARD PRESIDENT Date
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BLACK BUTTE RANCH
DEPARTMENT OF PUBLIC SAFETY
BOARD CHAIR Date
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SUNRlVER SERVICE DISTRlCT
BOARD CHAIR Date
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CLOVERDALE RURAL FIRE PROTECTION DISTRICT
BOARD SECRETARY Date
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LA PINE FIRE PROTECTION DISTRICT
BOARD CHAIR Date
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BLACK BUTTE RANCH
RURAL FIRE PROTECTION DISTRICT
BOARD CHAIR Date
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DESCHUTES COUNTY
RURAL FIRE PROTECTION DISTRICT #2
BOARD CHAIR Date
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DESCHUTES COUNTY
RURAL FIRE PROTECTION DISTRICT #1
BOARD CHAIR Date
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SISTERS/CAMP SHERMAN
RURAL FIRE PROTECTION DISTRICT
BOARD CHAIR
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CITY OF SISTERS
MAYOR Date
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CITY OF LAPINE
MAYOR Date
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CROOKED RIVER RANCH
RURAL FIRE PROTECTION DISTRICT
BOARD PRESIDENT Date
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911 County Service District Amended Operating Agreement, Document 2013-654 December 2013 Page 22 of22