HomeMy WebLinkAboutDoc 261 - IGA - Sunriver - Sheriff Radio UseDeschutes 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 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 Sheriff's 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 S7,744; 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, Sheriff's 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 #201 1-261 - 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 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. 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 (<$150K)
Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37)
II
II
x
Funding Source: (Included in current budget?
x
Yes 1 I No
If No, has budget amendment been submitted? 1 I Yes
No
Is this a Grant Agreement providing revenue to the County? 1 I Yes ® No
5/23/2011
Departmental Contact and Title: Darryl Nakahira, Sheriffs Office Legal Counsel
Phtgne: 617-3369
SignatureDate
Sheriff's Approval:
Distribution of Document: Return two of each of the originals to Darryl Nakahira at the
Sheriffs Office for distribution.
Official Review:
County Signature Required (check one): ® BOCC ❑ Depaitment Director (if <$25K)
❑ Administrator (if >$25K but <$150K; if >$150K, BOCC Order No.
Legal Review
Document Number
WAA-4--) Date
2011-256, 2011-261
5/23/2011
For Recording Stamp Only
INTERGOVERNMENTAL AGREEMENT
CONTRACT NO. 2011-261
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, Oregon, a political
subdivision of the State of Oregon, by and through its Sheriff's 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 Sheriff's 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, 2011 and terminates at 11:59 p.m.
on June 30, 2012.
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:
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.
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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 of the 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 $17,928.00 for annual radio use based on 27 units (8 mobile, 19 portable).
3.1.2 $1,097.85 for annual MDT use based on 5 units.
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3.2 Payments of the amounts listed under section 3.1 shall be paid annually on
October 1sc
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.
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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.
FOR DESCHUTES COUNTY:
LARRY ;LANTO1 /
Deschutes County Sheriff
DATE S '
, 2011
FOR SUNRIVER POLICE DEPARTMENT:
moi•
✓�/. �G� � � .'C-
MICHAEL KENNEDY
Sunriver Police Chief
DATE , 2011
ATTEST:
Recording Secretary
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Legal/C&A/Sher/IGA/SO Radio IGA's
DAVE KANNER
Deschutes County Administrator
DATE , 2011
BOARD OF COUNTY COMMISSIONERS,
DESCHUTES COUNTY, OREGON, ACTING AS THE
GOVERNING BODY OF SUNRIVER SERVICE DISTRICT:
TAMMY BANEY, Chair
ANTHONY DEBONE, Vice Chair
ALAN UNGER, Commissioner
DATED THIS OF , 2011