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Home My WebLink AboutDoc 256 - IGA - Black BR - Sheriff Radio UseDeschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - w.deschutes.org AGENDA REQUEST & STAFF REPORT For Board Business Meeting of June 1, 2011 DATE: May 20, 2011 FROM• Darryl Nakahira, Legal Counsel, Sheriffs Office Phone: 617-3369 TITLE OF AGENDA ITEM: Consideration of Board Signature of Intergovernmental Agreements: IGA# 2011-256 - Deschutes County and Black Butte Ranch IGA# 2011-261 - Deschutes County and Sunriver Service District Each of these contracts is the annual renewal for the use of the Sheriffs Office Radio Communications System and Radio Mobile Data System. PUBLIC HEARING ON THIS DATE? No. BACKGROUND AND POLICY IMPLICATIONS: 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. The users also have adopted standard operating procedures that are compatible with the Sheriffs Office procedures to insure the system's availability when needed. FISCAL IMPLICATIONS: For FY 2011-2012, the Black Butte Ranch Police Department has 12 radios and will pay the Sheriff a total of 57,744; Sunriver Police Department has 27 radios and 5 mobile data units and will pay S 19,025.85. 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: Return two originals of each document to Darryl Nakahira, Sheriff s Office Legal Counsel, for distribution. DESCHUTES COUNTY DOCUMENT SUMMARY Date: May 20, 2011 Department: Sheriffs Office Contractor/Supplier/Consultant Name: N/A Contractor Contact: Contractor Phone #: Type of Document: IGA #2011-256 - Deschutes County and Black Butte Ranch Service District; and IGA #2011-261 - 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 Sheriff's 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. The users also have adopted standard operating procedures that are compatible with the Sheriffs Office procedures to insure the system's availability when needed. Agreement Starting Date: July 1, 2011 Ending Date: June 30, 2012 Annual Value or Total Payment: For FY 2011-2012, 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 $19,025.85. Check all that apply: RFP, Solicitation or Bid Process Informal quotes (<5150K) Z Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37) 11 II Funding Source: (Included in current budget? V Yes No If No, has budget amendment been submitted? Yes I No Is this a Grant Agreement providing revenue to the County? Yes M No 5/23/2011 Departmental Contact and Title: Darryl Nakahira, Sheriff's Office Legal Counsel Phpne: 617-3369 Sheriff's Approval: Signature Date Distribution of Document: Return two of each of the originals to Darryl Nakahira at the Sheriff's Office for distribution. Official Review: County Signature Required (check one): ® BOCC ❑ Depailuient Director (if <$25K) ❑ Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. ) Legal Review L44L4_d Date 5 /-'I 11 1 Document Number 2011-256, 2011-261 5/23/2011 REVIEWED LEGAL COUNSEL For Recording Stamp Only INTERGOVERNMENTAL AGREEMENT CONTRACT NO. 2011-256 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 County 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: 1. Duration 1.1 Effective Date. This Agreement is effective July 1, 2011 and terminates at 11:59 p.m. on June 30, 2012. 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 Page 1 of 4 5/4/201 1 Legal/C&A/Sher/IGA/SO Radio IGA's 2.1 IT IS MUTUALLY AGREED THAT: 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 Sheriff's 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 Sheriff s 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. Page 2 of 4 5/4/201 1 Legal/C&A/Sher/IGA/SO Radio 1GA's 3. Compensation 3.1 Black Butte Ranch agrees to pay Sheriff the amount set forth below: 57,968.00 for annual radio use based on 12 units. 3.2 Payment of the amount listed under section 3. l shall be paid annually on July 1" 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 appropriatcd 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 Page 3 of 4 5/4/201 I Legal/C&A/Sher/!GA/S0 Radio IGA's Agreement constitutes the entire Agreement between the parties, and may only be expressly modified in writing(s) signed by both parties. FOR DESCHWES COUNTY: LARR DescWutes County Sheriff DAVE KANNER Deschutes County Administrator DATE S C'. _ 7(, 2011 DATE , 2011 FOR BLACK BVTTV RANCH SERVICE DISTRICT: i/ / RANDY GARCIA DENNEY KELL Y Police Chief Chair DATE / , 2011 DATE I ATTEST: Recording Secretary ,2011 BOARD OF COUNTY COMMISSIONERS DESCHUTES COUNTY, OREGON, ACTING AS THE GOVERNING BODY OF BLACK BUTTE RANCH SERVICE DISTRICT: TAMMY BANEY, Chair ANTHONY DEBONE, Vice Chair ALAN UNGER, Commissioner DATED THIS OF , 2011 Page 4 of 4 5/4/201 1 Legal/C&A/Sher/IGA/SO Radio IGA's