HomeMy WebLinkAboutDoc 185 - Sunriver PD Use of SO Comm 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 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# 2014-185 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 Sheriff's 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
$16,4 70.00.
RECOMMENDATION & ACTION REQUESTED:
Sign the annual renewal for the use of the Sheriffs Office Communications System.
ATTENDANCE: Darryl Nakahira, Sheriff's Office Legal Counsel
DISTRIBUTION OF DOCUMENTS:
Call Pat Davis, Sheriffs 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: Sheriff s Office
Contractor/Supplier/Consultant Name: Sunriver Service District
Contractor Contact: Contractor Phone #:
Type of Document:
lOA #2014-185 Deschutes County and Sunriver Service District
Goods and/or Services: The Sunriver Police Department wishes to contract with the Sheriffs
Office for use ofthe Sheriffs Radio Communication System.
Background & History: This is the annual renewal for the use of the Sheriff's 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 Sheriff's 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 Sunriver Police Department has 27 radios and will pay the Sheriff a total of
$16,470.00
Check all that apply:
D RFP, Solicitation or Bid Process
D Informal quotes «$150K)
L8J Exempt from RFP, Solicitation or Bid Process (specify see DCC §2.37)
Funding Source: (Included in current budget?) L8J Yes D No
If No, has budget amendment been submitted? DYes D No
Is this a Grant Agreement providing revenue to the County? DYes L8J No
4/23/2014
Departmental Contact and Title: Darryl Nakahira, Sheriffs Office Legal Counsel
Pone: 541-617-3369
Sheriff's Approval: --f,L-+--+-7F-.-T-L--V-ZS-IY
Date
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): k8J BOCC 0 Department Director (if <$25K)
o Administrator (if>$25K but <$ 150K; if>$150K, BOCC Order No. ____-'
Legal Review ~~ Date 't I '2.311~
Document Number 2014-185
4/23/2014
INTERGOVERNMENT AL AGREEMENT
CONTRACT NO. 2014-185
DESCHUTES COUNTY AND SUNRIVER SERVICE DISTRICT
(POLICE DEPARTMENT)
LAW ENFORCEMENT COMMUNICATIONS SYSTEMS AGREEMENT
THIS AGREEMENT is made and entered into by and between Deschutes County, 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 Sheriffs Trunked Radio Communications
("TRC") System for Sunriver'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 1,2014 and terminates at 11:59 p.m.
on June 30, 2015.
1.2 Termination. Either party upon 90 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 SHERIFF AGREES TO:
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4/3/2014
2.1.1 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 Department 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 Sheriff s TRC System meet the standards of the
Sheriff s current TRC System and any future expansion system.
2.2.4 Use only Sheriffs 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:
$16,4 70.00 for annual radio use based on 27 units.
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4/3/2014
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I 3.2 Payments of the amounts listed under section 3.1 shall be paid annually on
October 1 st.
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
inoperative to that extent.
6. Non-Appropriation
In 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.
10. Entire Agreement
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4/3/2014
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.
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DATE t;~2sr ~
,2014
ERIK UITE~ink=
DATE y-y,2014
FOR SUNRIVER SERVICE DISTRICT:
MAR~A
Sunriver Police Chief
DATE ___~-,-'_---=--IJ-I-J_-___,2014
TOM ANDERSON
Deschutes County Administrator
DATE ,2014
DEB~~
Sunriver Service District Board
DA TE _-:..'-+-1-/-'.-'1.........,/J---.t1-+t__, 2014
BOARD OF COUNTY COMMISSIONERS, DESCHUTES COUNTY, OREGON, ACTING AS THE
GOVERNING BODY OF THE SUNRIVER SERVICE DISTRICT:
ATTEST:
Recording Secretary
DATE ________-"',2014
TAMMY BANEY, Chair
ANTHONY DEBONE, Vice Chair
ALAN UNGER, Commissioner
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4/3/2014