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HomeMy WebLinkAboutDoc 316 - IGA - Radio System - Sunriver SD�J1 ES gv 2� ❑ -C Deschutes 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 Sheriffs 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 Communicatioris 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 the Sheriff for use of the Sheriffs Radio Communication System. The Sheriffs Office is solely responsi )le 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 acid 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 Sheriff 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, Sheriff's Office Communications Technician. DISTRIBUTION OF DOCUMENTS: Return originals to Sue Brewster, Sheriffs Office Legal Counsel DESCHUTES COUNTY DOCUMENT SUMMARY Date: June 7, 2010 Department: Sheriff's 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 Sheriff's Office for use of the Sheriff's 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 nev 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 hay( 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 Sheriff a total of $7,744; the Sunriver Police Department has 27 radios and 5 mobile data units and will pay $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? X Yes I No If No, has budget amendment been submitted? ❑ Yes ❑ No Is this a Grant Agreement providing revenue to the County? Yes ® No 6/7/2010 Departmental Contact and Title: Sue Brewster, Sheriffs Office Legal Counsel Phone: 385-1714 Sheriff's Approval: G_9�� Date Distribution of Document: Return two signed originals to Sue Brewster at the Sheriff's 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 Reviewj L.. - i Date (.P 7 Document Number 2010-314, 2010-316 6/7/2010 REVIEWED LEGAL COUNSEL For Recording Stamp Only INTERGOVERNMENTAL AGREEMENT CONTRACT NO. 2010-316 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, 2010 and terminates at 11:59 p.rn. on June 30, 2011. 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. 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 o either System. 2.1.4 Be solely responsible for the operation and control of the communication: system, including management of the 800 MHz Simulcast TRC and MDC. Systems. Page 1 of 4 5/19/2010 Legal/C&A/Sher/IGA/SO Radio IGA's ui; 20 - 1 (, 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 expanseon system. 2.2.4 Use only Sheriff's radio programs compatible with Sheriff's TRC and MDC Systems. 2.2.5 Use only Sheriffs mobile data programs compatible with Sheriffs 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. 2.2.7 Prior to using the system, adopt standard operating procedures compatible wth Sheriff's office procedures to ensure the availability of the TRC and MDC Systems to all approved users at all times. 3. Compensation 3.1 Sunriver agrees to pay Sheriff the amounts set forth below: 3.1.1 $17,426.00 for annual radio use based on 27 units (8 mobile, 19 portable). 3.1.2 $1,097.33 for annual MDT use based on 5 units. 3.2 Payments of the amounts listed under section 3.1 shall be paid annually on October 1st Page 2 of 4 Legal/C&A/Sher/IGA/SO Radio IGA's 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 9.1 This Agreement is binding on each party, its successors, assigns, and I«:gal 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. Page 3 of 4 Legal/C&A/Sher/IGA/S0 Radio IGA's 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. DATED this day of 2010 4111 'RY: N schut=. County Sheriff FOR DESCHUTES COUNTY DAVE KANNER, County Administrator DATED this day of 2010 MICHAEL KENNEDY, Su Iver Police Chief GOVERNING BODY OF SUNRIVER SERVICE DISTRICT DENNIS R LUKE, Chair ALAN UNGER, Vice Chair TAMMY BANEY, Commissioner ATTEST: Recording Secretary Page 4 of 4 Legal/C&A/Sher/IGA/SO Radio IGA's