HomeMy WebLinkAboutDocs 203 - 204 - IGA - SO Radio - BBR- SunriverDeschutes County Board of Commissioners
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AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of June 18, 2012
DATE: June 5, 2012
FROM: Darryl Nakahira, Sheriffs Office Legal Counsel Phone : 541-617-3369
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Intergovernmental Agreements:
IGA# 2012-203 -Deschutes County and Black Butte Ranch Service District
IGA# 2012-204 -Deschutes County and Sunriver Service District
Each of these IGAs is the annual renewal for each District's use of the Sheriffs Office Radio
Communications System and Radio Mobile Data System .
PUBLIC HEARING ON THIS DATE? No.
BACKGROUND AND POLICY IMPLICATIONS:
These IGAs are annual renewals for the use of the Sheriffs Radio Communication System . The Black
Butte Ranch Police Department and the Sunriver Police Department wish to contract with the Sheriff
for use of the Sheriffs Radio Communication 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 funct ioning 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.
FISCAL IMPLICATIONS:
For FY 2012-2013, the Black Butte Ranch Police Department has 12 radios and will pay the Sheriff a
total of$7,968; Sunriver Police Department has 27 radios and 5 mobile data units and will pay $19,504.
RECOMMENDATION & ACTION REQUESTED:
Sign each of 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, Sheriffs Office Legal Assistant, x3367, or email when two of each of the originals are
ready for pick up.
DESCHUTES COUNTY DOCUMENT SUMMARY
Date: June 5, 2012 Department: Sheriff s Office
Contractor/Supplier/Consultant Name: N/ A
Contractor Contact: Contractor Phone #:
Type of Document:
lOA #2012-203 -Deschutes County and Black Butte Ranch Service District; and
lOA #2012-204 -Deschutes County and Sunriver Service District
Goods and/or Services: The Black Butte Ranch Police Department and the Sunriver Police
Department wish to contract with the Sheriffs Office for use of the Sheriffs Radio
Communication System.
Background & History: These contracts are annual renewals for the use of the Sheriffs Radio
Communication System. The Black Butte Ranch Police Department and the Sunriver Police
Department wish to contract with the Sheriff for use of the Sheriffs Radio Communication 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, 2012 Ending Date: June 30, 2013
Annual Value or Total Payment:
For FY 2012-2013, the Black Butte Ranch Police Department has 12 radios and will pay the Sheriff
a total of$7,968; the Sunriver Police Department has 27 radios and 5 mobile data units and will pay
$19,504.00.
Check all that apply:
D RFP, Solicitation or Bid Process
D Informal quotes «$150K)
~ Exempt from RFP, Solicitation or Bid Process (specify -see DCC §2.37)
Funding Source: (Included in current budget? ~ Yes D No
If No, has budget amendment been submitted? DYes D No
Is this a Grant Agreement providing revenue to the County? D Yes ~ No
54 -617-3369
Sheriffs Approval: -I-==::>""'I'--ji'-+--rr---,i----
Darryl Nakahira, Sheriffs Office Legal Counsel
Distribution of Document: Call Pat Davis, Sheriffs Office Legal Assistant, x3367, or email
when two of each of the originals are ready for pick up.
Official Review:
County Signature Required (check one): ~BOCC 0 Department Director (if <$25K)
o Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. ____-')
Legal Review ~~Date ~/sIJ-OI>
Document Number 2012-203 and 2012-204
REVIEWED ~ S I ~COUNSEL
For Recording Stamp Only
INTERGOVERNMENTAL AGREEMENT
CONTRACT NO. 2012-203
DESCHUTES COUNTY AND BLACK BUTTE RANCH
(POLICE DEPARTMENT)
THIS 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 Black Butte Ranch Service District, by and through its Police
Department, hereinafter referred to as "Black Butte Ranch."
WHEREAS, Black Butte Ranch desires to contract with Sheriff for a Radio Communication
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:
I. Duration
1.1 Effective Date. This Agreement is effective July 1, 2012 and terminates at 11:59
p.m. on June 30, 2013.
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:
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2.1.1 Sheriff will provide Black Butte Ranch with use of its Communication
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 Communication System as
long as Black Butte Ranch's use does not unreasonably interfere with
other authorized users of the Communication System.
2.2 SHERIFF AGREES TO:
2.2.1 Provide Black Butte Ranch with access and use of its Communication
System.
2.2.2 Be solely responsible for the operation and control of the Communication
System, including the management of the 800 MHz Simulcast Trunk
Radio System.
2.2.3 Provide ID numbers for each Black Butte Ranch radio using the Sheriffs
800 MHz system.
2.2.4 Provide all maintenance and necessary repairs to its Communication
Infrastructure System.
2.2.5 Insure that any new users of the Communication System do not negatively
impact the functioning of the system.
2.3 BLACK BUTTE RANCH AGREES TO:
2.3.1 Inform Sheriff of the type and serial number of each radio using the
system.
2.3.2 Insure all radios using Sheriffs Communication System meet the
standards of Sheriffs Radio Communication System now and when future
expansion occurs.
2.3.3 Use only Sheriffs radio programs compatible with Sheriffs
Communication System.
2.3.4 Insure the sole user of the Communication System is Black Butte Ranch.
Black Butte Ranch shall not allow any other use of the Communication
System, except in emergency situations where Black Butte Ranch needs to
communicate with another Black Butte Ranch unit.
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I• ~
t3. Compensation !
3.1 Black Butte Ranch agrees to pay Sheriff the amount set forth below:
$7,800.00 for annual radio use based on 12 subscriber units (6 mobiles and 6
portables).
3.2 Payment of the amount listed under section 3.1 shall be paid annually on July 1st•
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.
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 I
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Agreement constitutes the entire Agreement between the parties, and may only be
expressly modified in writing(s) signed by both parties.
L ERIK KROPP
Deschute County Sheriff Interim Deschutes County Administrator
DATE G~G -(C ,2012 DATE ________,,2012
RANCH SERVICE DISTRICT:
~~/6J~1'JENNEY KEL
Police Chief
DATE __~-=----=-l_\____, 2012 DATE ,2012V/L//
BOARD OF COUNTY COMMISSIONERS
DESCHUTES COUNTY, OREGON, ACTING AS THE
GOVERNING BODY OF BLACK BUTTE RANCH SERVICE
DISTRICT:
ANTHONY DEBONE, Chair
ALAN UNGER, Vice Chair
TAMMY BANEY, Commissioner
DATEDTHIS ___OF _________, 2012 l
ATTEST:
IRecording Secretary !
J
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For Recording Stamp Only
fflTERGOVERNMENTALAGREEMENT
CONTRACT NO. 2012-204
DESCHUTES COUNTY AND SUNRlVER SERVICE DISTRICT
(POLICE DEPARTMENT)
LA W ENFORCEMENT COMMUNICA nONS 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 Sheriffs Trunked Radio Communications ("TRC") and
Mobile Data Communications ("MDC") Systems 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, 2012 and term inates at 11 :59 p.m. on June
30,2013.
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:
Page 1 of4
2.1.1 Provide Sunriver with use of its Trunked Radio Communication ("TRC") System.
2.1.2 Provide Sunriver with use of its Mobile Data Communication ("MDC") System.
2.1.3 Allow Sunriver to remain on Sheriff's TRC and MDC Systems as long as Sunriver's
use does not unreasonably interfere with other authorized users of either System.
2.1.4 Be solely responsible for the operation and control of the communications system,
including management ofthe 800 MHz Simulcast TRC and MDC Systems.
2.1.5 Provide ID numbers for all Sunriver Police Department radios using the Sheriff's 800
MHz system.
2.1.6 Provide ID access for all Sunriver Police Department ID's associated with Mobile Data
Terminal ("MDT') radios.
2.1.7 Provide all maintenance and necessary repairs to its communication infrastructure
system.
2.1.8 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 and MDT using the system.
2.2.3 Insure all radios using the Sheriff's TRC and MDC Systems meet the standards of the
Sheriff's current TRC and MDC Systems and any future expansion system.
2.2.4 Use only Sheriff's radio programs compatible with Sheriff's TRC and MDC Systems.
2.2.5 Use only Sheriff's mobile data programs compatible with Sheriff's MDC System.
2.2.6 Limit use of the TRC and MDC Systems 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:
3.1.1 $17,550.00 for annual radio use based on 27 units (8 mobiles, 19 portables).
3.1.2 $1,954.00 for annual MDT use based on 5 units.
Page 2 of4
3.2 Payments of the amounts listed under section 3.1 shall be paid annually on
October 1 st.
3.3 Sunriver agrees to pay the full annual amount for each unit or MDT use added during the term
of this agreement.
4. Partnership
4.1 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
5.1 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
6.1 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
7.1 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
8.1 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.
9. No Waiver of Claims
9.1 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. I
I
I
i
Page 3 of4
10. Entire Agreement
10.1 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.
FORDESC
ERlKKROPP
Desc tes County Sheriff Interim Deschutes County Administrator
DATE ~/-(~ ,2012 DATE _______--', 2012
FOR SUNRNER SERVICE DISTRlCT:
M~~:ft ~E{Me21
Interim Sunriver Police Chief Sunriver Service District Board
DATE _-==5~/-,-J~",---___,2012 DATE __-=5'----f-/__C,=-_:, 2012
'
BOARD OF COUNTY COMMISSIONERS,
DESCHUTES COUNTY, OREGON, ACTING AS THE
GOVERNING BODY OF SUNRIVER SERVICE DISTRlCT:
ANTHONY DEBONE, Chair
ALAN UNGER, Vice Chair
TAMMY BANEY, Commissioner
DATED THIS ___OF ________-", 2012
ATTEST:
Recording Secretary
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