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HomeMy WebLinkAboutDoc 537 - IGA - 911-Jeff Co - Emerg Notifcation 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 October 8 th ,2014 DATE: 09/24114 FROM: Rick Silbaugh 9-1-1 541-322-6100 TITLE OF AGENDA ITEM: Consideration of Deschutes County 9-1-1 Service District (DC911) Board Signature of lOA between the 911 District and the Jefferson County Sheriff. PUBLIC HEARING ON THIS DATE? No BACKGROUND AND POLICY IMPLICATIONS: This lOA wi11 allow Jefferson County to utilize the DC911 Citizens Emergency Notification System to alert their citizens of impending emergencies or disasters. FISCAL IMPLICATIONS: None RECOMMENDATION & ACTION REQUESTED: Request Board signitures on two orginals for DC911 to submit to Jefferson County for their signiture. ATTENDANCE: Rick Silbaugh DISTRIBUTION OF DOCUMENTS: Originals to go to Rick for further execution. DESCHUTES COUNTY DOCUMENT SUMMARY (NOTE: This form Is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be on a Board agenda or can be signed by the County Administrator or Department Director. If the document Is to be on a Board agenda. the Agenda Request Form is also required. If this form is not Included with the document, the document will be returned to the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the County Administrator or the Commissioners. In addition to submitting this form with your documents. please submit this form electronically to the Board Secretary.) Please complete all sections above the Official Review line. Date: P9/23/201 ~ Department: 19-1-11 Contractor/Supplier/Consultant Name: pefferson County Sheriij Contractor Contact: ~pril Stream Contractor Phone #: @41-8153 ~ Type of Document: IGA between Deschutes County 9-1-1 &Jefferson County Sheriff Goods and/or Services: Allows Jefferson County Sheriff access to ussage of the Deschutes County 9-1-1 Service District "Citizens Emergency Notification System" (CENS) Background & History: Deschutes County 9-1-1 Service District (DC911) maintains the CENS to notify citizens of pending emergencies. Since portions of the region DC911 is responsible for are outside of the county boundaries it is required for the system to cover portions of these counties. DC911 recently added all of the phone data for these counties in order to increase Its phone count and realize a significant savings as well as not having to charge public safety agencies for the usage of the system. Since we were able to save money and to better serve the citizens of Central Oregon we're entering into an agreement with Jefferson County to enable the systems usage within their county. Agreement Starting Date: 110/01/20141 Ending Date: P9/30/201 § Annual Value or Total Payment: IQI D Insurance Certificate Recelled (CieCk box) Insurance Expiration Date: Check all that apply: D RFP, Solicitation or Bid Process D Informal quotes «$150K) D Exempt from RFP, Solicitation or Bid Process (specify -see DCC §2.37) Funding Source: (Included in current budget? IZI Yes D No If No, has budget amendment been submitted? DYes D No Is this a Grant Agreement providing revenue to the County? 0 Yes I:8J No 9/23/2014 Special conditions attached to this grant: Deadlines for reporting to the grantor: If a new FTE will be hired with grant funds, confirm that Personnel has been notified that it is a grant-funded position so that this will be noted in the offer letter: 0 Yes D No Contact information for the person responsible for grant compliance: Name: Phone #:11.-_--' Departmental Contact and Title: Phone #: 15413 @22-610q RlrA_UU_99_hh _--­ Department Director Approval: --~~=-~K'""'""'---<II /"'0 1,,/ SiQf1atlii"9' Date Distribution of Document: Two copies of the Original to be sent to Rick, who will present it to the Jefferson County Sheriff and Commision Chair for their signiture. Official Review: County Signature Required (check one): ~BOCC 0 Department Director (if <$25K) o Administrator (if >$25K ut <$150K; if >$150K, BOCC Order No. _____) legal Review <J.-V"Vl/ Date {O -( -( i Document Number .:20/t(-:;3 7 9/2312014 REVIEWED ~V1V INTERGOVERNMENT AL AGREEMENT CONTRACT NO. DC-2014-537 DESCHUTES COUNTY 911 SERVICE DISTRICT AND JEFFERSON COUNTY SHERIFF'S OFFICE THIS AGREEMENT is made and entered into by and between Deschutes County 911 Service District, an Oregon taxing district, hereinafter referred to as "District", and Jefferson County, a political subdivision ofthe State of Oregon, acting by and through the Jefferson County Sheriffs Office, hereinafter referred to as "COUNTY". WHEREAS, COUNTY desires to contract with District for Citizens Emergency Notification services hereinafter referred to as CENS; and WHEREAS, District 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. Unless earlier terminated this agreement is effective October 1 S\ 2014 and expires on September 30 th 2015. 1.2. This agreement shall automatically renew annually unless either party notifies the other within 90 days of expiration. 1.3. 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. IT IS MUTUALLY AGREED THAT: 2.1.1. District will provide COUNTY with use of its CENS for application within Jefferson County. 2.1.2. COUNTY agrees to abide by the terms of use provided under this Agreement. 2.1.3. Subject to paragraph 1.2 above, COUNTY may remain on CENS as long as COUNTY use does not, in the sole discretion of District, unreasonably interfere with other authorized users. 2.2. DISTRICT AGREES TO: 2.2.1. Provide COUNTY with access to and use of its CENS. 7Page 1 CENS SERVICES 2005 (C&AJlntergovAgreementsl911IJefferson County) DC -20 4 ', . 2.2.2. Be solely responsible for the operation and control of CENS, including the management of CENS and authorized COUNTY users. 2.2.3. Provide web access for COUNTY for use in emergency activations. 2.2.3.1. Emergency activations include but are not limited to: • Emergency Evacuations (Fire, Flooding, Public Welfare, etc.) • Natural Disasters (Fire, Flooding, etc.) • Missing or Endangered Children, Elderly or Special Needs • Hazardous Material Incidents • Neighborhood Emergencies 2.2.4. Monitor users of CENS to reduce or eliminate negative impacts and unauthorized uses which could compromise the proper and efficient functioning of CENS. 2.2.5. Provide access to residents of Jefferson County to register cellular and VOIP phones to their residence via a web page. 2.3. COUNTY AGREES TO: 2.3.1. Designate a contact person, who will be responsible for designated system management. 2.3.2. Insure that use of CENS is limited to those persons authorized by COUNTY and that such persons abide by all applicable terms of this Agreement. 2.3.3. Insure the sole user ofCENS is the COUNTY. COUNTY shall not allow any other use of the CENS, except in emergency situations (see 2.2.3.1 above). 2.3.4. Prior to using CENS, adopt standard operating procedures compatible with the District's procedures and policies relative to CENS. 3. Compensation 3.1. COUNTY agrees to pay District the amounts set forth below: 3.1.1. Pay all setup costs charged by from District's CENS provider. 3.1.1.1. (To be determined prior to the execution of this agreement) 3.1.2. Recurring costs -There are currently no recurring costs to County. 3.1.3. District's current CENS contract with Twenty First Century Communications includes 81,000 units of time. Should, in any given calendar year, the District go over this amount COUNTY agrees to cover its percentage of this amount based on usage of all agencies for same calendar year. Current rate is $0.25 per unit. Page 2 CENS SERVICES 2005 1 (C&NIntergovAgreementsl911/Jefferson County) i i 6 3.1.4. Payments shall be sent to Deschutes County 9-1-1 Service District, PO Box 6005, Bend, Oregon, 97701 Attention: Finance. 4. District's CENS is not fault-tolerant and is not designed, manufactured, or intended for use with critical health and safety or online control equipment in hazardous environments or that requires fail-safe performance 5. Partnership 5.1 District is not, by virtue of this Agreement, a partner or joint venture with COUNTY in connection with activities carried out under this Agreement, and shall have no obligation with respect to COUNTY debts or any other liabilities of each and every nature. Non-Appropriation 6.1 This Agreement is expressly subject to the debt limitation on Oregon counties set forth in Article XI, Section 10 of the Oregon Constitution, and is contingent upon funds being appropriated therefore. Any provision herein which would conflict with that law is deemed inoperative to that extent. In the event sufficient funds shall not be appropriated for payment of consideration under this Agreement, and if COUNTY does not possess funds legally available for consideration from other sources, COUNTY may terminate this agreement in accordance with Paragraph 1.2 7. Non-Discrimination 7.l Both parties agree: 7.1.1 That no person employed by the parties shall, on the grounds of race, color, creed, national origin, sex, marital status or age, suffer discrimination in the performance of this Agreement; and 7.1.2 To comply with the Title VI of the Civil Rights Act of 1964, with section B ofthe Rehabilitation Act of 1973, and with all applicable requirements of federal and state civil rights and rehabilitation statues, rules and regulations; and 7.1.3 To comply with the Americans with Disabilities Act of 1990 (Pub. L. No. 101­ 336), ORS 659.425, and all regulations and administrative niles established pursuant to those laws. 7.1.4 To comply with all applicable local, state, and federal ordinances, statues, laws, and regulations. 8. Each party agrees to indemnify, hold harmless, and defend the other party, its officers, commissioners, and employees from and against all claims and actions, and all expenses incidental to the investigation and defense thereof, arising out of or based upon damages or injuries to persons or property arising out of the indemnifying party's performance or Page 3 CENS SERVICES 2005 (C&AllntergovAgreements/91llJefferson County) non-perfonnance of this Agreement. The tort claim limits ORS 30.270 shall apply to this Agreement. 9. Attorney Fees 9.1 In the event an action, lawsuit or proceeding, including appeal therefrom, brought for failure to observe any of the tenns ofthis Agreement, each party shall be responsible for its own attorney fees, expenses, costs and disbursements for said action, lawsuit, proceeding or appeal. 10. Assignment 10.1 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. 11. No Waiver of Claims 11.1 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. 12 Entire Agreement 12.1 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. Page 4 CENS SERVICES 2005 (C&AlIntergovAgreementsl911IJefferson County) DATED this __day ______-" 2014 THE DESCHUTES COUNTY BOARD OF COMMISIONERS, ACTING AS THE GOVERNING BODY OF THE DESCHUTES COUNTY 911 SERVICE DISTRICT. , Director Tammy Baney, Chair ATTEST: Alan Unger, Commissioner Recording Secretary Tony Debone, Commissioner DATED this __day _______,2014 JEFFERSON COUNTY By: JEFFERSON COUNTY SHERIFF'S OFFICE Jim Adkins, SHERIFF Mike Ahem, Commission Chair I I Page 5 CENS SERVICES 2005 (C&AllntergovAgreements/911/Jefferson County)