HomeMy WebLinkAboutDoc 314 - IGA - Radio System - Black Butte RanchDeschutes 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 23, 2010
DATE: June 7, 2010
FROM: Sue Brewster Sheriff's Office Phone: 385-1714
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Intergovernmental Agreement
Contract # 2010-314 - Deschutes County and Black Butte Ranch
Contract # 2010-316 - Deschutes County and Sunriver Service District
Each of these contracts is the annual renewal for the use of the Sheriffs Office Radio Communicati >ns
System and/or 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 th
Sheriff for use of the Sheriffs Radio Communication System. The Sheriffs Office is solely respon ;ible
for the operation and control of the Communication System, provides all maintenance and necessall y
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 t: sing
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 2010-2011, the Black Butte Ranch Police Department has 12 radios and will pay the Sheri a
total of $7,744; Sunriver Police Department has 27 radios and 5 mobile data units and will pay
$18,523.33.
RECOMMENDATION & ACTION REQUESTED:
Sign each of the annual renewals for the use of the Sheriffs Office Communications System.
ATTENDANCE: Sue Brewster, Sheriffs Office Legal Counsel; Jon Sholes, Sheriffs Office
Communications Technician.
DISTRIBUTION OF DOCUMENTS:
Return originals to Sue Brewster, Sheriffs Office Legal Counsel
DESCHUTES COUNTY DOCUMENT SUMMARY
Date: June 7, 2010 Department: Sheriffs Office
Contractor/Supplier/Consultant Name: N/A
Contractor Contact: Contractor Phone #:
Type of Document:
Contract 2010-314 - Deschutes County and Black Butte Ranch
Contract 2010-316 - 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 Systen [.
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 nt;w
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 hove
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, 2010 Ending Date: June 30, 2011
Annual Value or Total Payment:
For FY 2010-2011, the Black Butte Ranch Police Department has 12 radios and will pay the Sheri if
a total of $7,744; the Sunriver Police Department has 27 radios and 5 mobile data units and will fay
$17,426.
Check all that apply:
RFP, Solicitation or Bid Process
❑ Informal quotes (<$150K)
Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37)
Funding Source: (Included in current budget? M Yes ❑ No
If No, has budget amendment been submitted? ❑ Yes ❑ No
Is this a Grant Agreement providing revenue to the County? ❑ Yes M No
6/7/2010
Departmental Contact and Title: Sue Brewster, Sheriffs Office Legal Counsel
Phone: 385-1714
Sheriffs Approval:
Date
Distribution of Document: Return two signed originals to Sue Brewster at the Sheriffs Office
for distribution.
Official Review:
County Signature Required (check one): ® BOCC ❑ Department Director (if <$25K)
❑ Administrator (if >$25K but <$150K; if >$150K, BOCC Order No.
Legal Review
Document Number
2010-314, 2010-316
Date '1
6/7/2010
INTERGOVERNMENTAL AGREEMENT
CONTRACT NO. 2010-314
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 Sheriff's 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, 2010 and terminates at 11:5'
p.rn. on June 30, 2011.
1.2 Termination. Either party upon 180 days written notice to the other party ma rf
terminate this Agreement. Termination under this paragraph shall not affect an y'
obligations or liabilities accrued prior to such termination.
2. Scope of Agreement
2.1 IT IS MUTUALLY AGREED THAT:
2.1.1 Sheriff will provide Black Butte Ranch with use of its Communicati In
System.
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2.1.2 Black Butte Ranch agrees to abide by the tams 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 Infonn Sheriff of the type and serial number of each radio using the
system.
2.3.2 Insure all radios using Sheriff's Communication System meet the
standards of Sheriff's Radio Communication System now and when future
expansion occurs.
2.3.3 Use only Sheriff's 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.
2.3.5 Prior to using the system, adopt standard operating procedures compatible
with Sheriff's Office procedures, which insure the systems availability
when needed.
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3. Compensation
3.1 Black Butte Ranch agrees to pay Sheriff the amount set forth below:
$7,744.00 for annual radio use based on 12 units.
3.2 Payment of the amount listed under section 3.1 shall be paid annually on July ls`.
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 terns 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.
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9, Entire Agreement
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.
DATED this day of 2010
11 It t3 1N
f eschut- County Sheriff
ATTEST:
Recording Secretary
DATED this /1 day of
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Legal/C&A/Sher/IGA/SO Radio (GA's
BOARD OF COUNTY COMMISSIONERS
DESCHUTES COUNTY, OREGON, ACTING AS
THE GOVERNING BODY OF THE BLACK
BUTTE RANCH SERVICE DISTRICT
DENNIS R LUKE, Chair
ALAN UNGER, Vice Chair
TAMMY BANEY, Commissioner
2010
BLACK BUTTE RANCH SERVICE DISTRICT
CAR .' U N " AM , Chai
J
E ` KELLEY olice Chief
5/13/2010