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Home My WebLink AboutDoc 184 - BBR PD Use of SO Comm SystemI~ Deschutes 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 April 28, 2014 DATE: April 23, 2014 FROM: Darryl Nakahira, Sheriffs Office Legal Counsel Phone: 541-617-3369 TITLE OF AGENDA ITEM: Consideration of Board Signature of Intergovernmental Agreement: IGA# 2014-184 Deschutes County and Black Butte Ranch. PUBLIC HEARING ON THIS DATE? No. BACKGROUND AND POLICY IMPLICATIONS: This is the annual renewal of the IGA between the Black Butte Ranch 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 2014-2015, the Black Butte Ranch Police Department has 13 radios and will pay the Sheriff a totalof$7,930. RECOMMENDATION & ACTION REQUESTED: Sign the annual renewals for the use of the Sheriffs Office Communications System. ATTENDANCE: Darryl Nakahira, Sheriffs Office Legal Counsel DISTRIBUTION OF DOCUMENTS: Call Pat Davis, Sheriff's Office Legal Assistant, x3367, or email when the originals are ready for pick up. 4/24/2014 DESCHUTES COUNTY DOCUMENT SUMMARY Date: April 23, 2014 Department: Sheriffs Office Contractor/Supplier/Consultant Name: Black Butte Ranch Service District Contractor Contact: Contractor Phone #: Type of Document: lOA #2014-184 Deschutes County and Black Butte Ranch Service District Goods and/or Services: The Black Butte Ranch Police Department wishes to contract with the Sheriffs Office for use of the Sheriffs Radio Communication System. Background & History: This is the annual renewal for the use of the Sheriffs Radio Communications System. The Sheriffs Office is solely 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. The users insure that all radios using the Communication System meet the standards of the Sheriffs Radio Communication System now and when future expansion occurs. Agreement Starting Date: July 1, 2014 Ending Date: June 30, 2015 Annual Value or Total Payment: For FY 2014-2015, the Black Butte Ranch Police Department has 13 radios and will pay the Sheriff a total of $7,930. Check all that apply: o RFP, Solicitation or Bid Process o Informal quotes «$150K) r:gJ Exempt from RFP, Solicitation or Bid Process (specify -see DCC §2.37) Funding Source: (Included in current budget?) r:gJ 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 r:gJ No 4/23/2014 Departmental Contact and Title: Darryl Nakahira, Sheriffs Office Legal Counsel Phone: 541-617-3369 Sheriff's Approval: ~ ~st-= jigl{ e Distribution of Document: Call Pat Davis, Sheriffs Office Legal Assistant, x3367, or email when the originals are ready for pick up. Official Review: County Signature Required (check one): ~BOCC D Department Director (if <$25K) D Administrator (if>$25K but <$150K; if>$150K, BOCC Order No. ____--' Legal Review ~~ Document Number 2014-184 4/23/2014 1'1 fflTERGOVERNMENTALAGREEMENT CONTRACT NO. 2014-184 DESCHUTES COUNTY AND BLACK BUTTE RANCH (POLICE DEPARTMENT) THIS AGREEMENT is made and entered into by and between Deschutes County, by and through its Sheriffs Office (Sheriff), and the Black Butte Ranch Service District, by and through its Police Department (Black Butte Ranch). WHEREAS, Black Butte Ranch desires to contract with Sheriff for use of the Sheriffs Trunked Radio Communications (TRC) System for its police department. WHEREAS, Sheriff is agreeable to providing such services as set forth in this Agreement; now therefore, IT IS HEREBY AGREED as follows: 1. Duration 1.1 Effective Date. This Agreement is effective July 1, 2014 and terminates at 11 :59 p.m. on June 30, 2015. 1.2 Termination. Either party upon 180 days' written notice to the other party may terminate this Agreement. Termination under this paragraph shall not affect any obligations or liabilities accrued prior to such termination. 2. Scope of Agreement 2.1 IT IS MUTUALLY AGREED THAT: 2.1.1 Sheriff will provide Black Butte Ranch with use of its TRC System. 2.1.2 Black Butte Ranch agrees to abide by the terms of use provided under this Agreement. 2.1.3 Black Butte Ranch may remain on Sheriffs TRC System as long as Black Butte Ranch's use does not unreasonably interfere with other authorized users of the System. 2.2 SHERIFF AGREES TO: 2.2.1 Provide Black Butte Ranch with access to and use of its TRC System. 2.2.2 Be solely responsible for the operation, control and management of the TRC System. 4/14/2014 Page I of3 2.2.3 Provide ill numbers for each Black Butte Ranch radio using the Sheriff's TRC System. 2.2.4 Provide all maintenance and necessary repairs to its TRC System. 2.2.5 Insure that any new users of the TRC System do not negatively impact the functioning ofthe system. 2.3 BLACK BUTTE RANCH AGREES TO: 2.3.1 Inform Sheriff of the type and serial number of each radio using the TRC System. 2.3.2 Insure all radios using the Sheriff's TRC System meet the standards of the Sheriff's current TRC System and when future expansion occurs. 2.3.3 Use only Sheriff's radio programs compatible with the Sheriff's TRC System. 2.3.4 Limit use of the Sheriff's TRC System to Black Butte Ranch personnel and Sheriff approved personnel, except in emergency situations where Black Butte Ranch needs to communicate with other Black Butte Ranch personnel. 3. Compensation 3.1 Black Butte Ranch agrees to pay Sheriff the amount set forth below: $7,930.00 for annual radio use based on 13 subscriber units. 3.2 Payment of the amount listed under section 3.1 shall be paid annually on july I st. 4. Partnership Sheriff is not, by virtue of this Agreement, a partner or joint venture with Black Butte Ranch in connection with activities carried out under this Agreement, and shall have no obligation with respect to Black Butte Ranch's debts or any other liabilities of each and every nature. 5. Non-Appropriation In the event sufficient funds shall not be appropriated for payment of consideration under this agreement, and if Sheriff has no funds legally available for consideration from other sources, then Sheriff may terminate this agreement in accordance with Paragraph 1.2 6. 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. 7. 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. 4114/2014 Page 2 of3 8. 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. 9. Entire Agreement Notwithstanding and succeeding any and all prior agreement(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. Desch DATE __L.J-C-<-)S-",,---'____, 2014 DA TE _---'q_....--'~:>=_-_)-=-l/___:, 2014 FOR BLACK BUTTE RANCH SERVICE DISTRICT: D~~~DENNEYK Y Black Butte nch Pohce Chief DATE _--<4_'--.:.,_If;_-_,1/"'--__,2014 TOM ANDERSON Deschutes County Administrator DATE _________,2014 CURTISS ABBOTT Black Butte Ranch Service District Chair DATE iL~ r; { I ~ ~2014 BOARD OF COUNTY COMMISSIONERS DESCHUTES COUNTY, OREGON, ACTING AS THE GOVERNING BODY OF BLACK BUTTE RANCH SERVICE DISTRICT: ATTEST: Recording Secretary DATE _________,2014 4/14/2014 Page 3 of3 TAMMY BANEY, Chair ANTHONY DEBONE, Vice Chair ALAN UNGER, Commissioner