HomeMy WebLinkAboutDoc 441 - 911 CSD Amend Oper AgrmtDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-196+)
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.or3
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of June 30, 2010
Please see directions for completing this document on the next page.
DATE: June 17, 2010
FROM: Mark Pilliod Legal 541-388-6625
TITLE OF AGENDA ITEM:
Consideration of Board Signature for approval of 911 Service District Amended Operating Agreement
Document Number 2010-441
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
Since its establishment in 1988 the Deschutes County 911 Service District has operated under an
operating agreement between and among the cities, fire districts and special districts in Deschutes
County, including the Crooked River Ranch Rural Fire Protection District. The operating agreement has
been amended over the years, most recently in 2006. Recently the Executive Board has determined that
it would be in the district's best for administrative oversight to be handled by the Deschutes County
Administrator. The Administrator in turn would appoint a director, as is the case of Deschutes Count y
departments. The Executive Board would continue to provide policy -level oversight and review and
approve the annual budget.
FISCAL IMPLICATIONS:
None
RECOMMENDATION & ACTION REQUESTED:
Review, approve and sign the agreement, both in the Board's capacity as the County Board of
Commissioners, as well as the governing body of the 911 Service District
ATTENDANCE: Mark Pilliod, Legal Counsel
DISTRIBUTION OF DOCUMENTS:
Andy Jordan, Interim Director 911 Service District
July 1,2010
DESCHUTES COUNTY DOCUMENT SUMMARY
(NOTE: This form is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be
on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board
agenda, the Agenda Request Fomi is also required. If this form is not included with the document, the document will be returned to
the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the
County Administrator or the Commissioners. In addition to submitting this form with your documents, please submit this form
electronically to the Board Secretary.)
Date:
June 17, 2010
Please complete all sections above the Official Review line.
Contractor/Supplier/Consultant Name:
Contractor Contact: Andy Jordan, Interim Director
#:
Department:
Legal
911 Service District
541-388-0185
Type of Document: Operating agreement - similar to an IGA
Contractor Phone
Goods and/or Services: 911 dispatch services on behalf of the various user agencies
Background & History: Since its establishment in 1988 the Deschutes County 911
Service District has operated under an operating agreement between and among the
cities, fire districts and special districts in Deschutes County, including the Crooked
River Ranch Rural Fire Protection District. The operating agreement has been amended
over the years, most recently in 2006. Recently the Executive Board has determined
that it would be in the district's best for administrative oversight to be handled by the
Deschutes County Administrator. The Administrator in turn would appoint a director, as
is the case of Deschutes County departments. The Executive Board would continue to
provide policy -level oversight and review and approve the annual budget.
Agreement Starting Date:
Annual Value or Total Payment:
n/a
Ending Date:
❑ Insurance Certificate Received check box)
Insurance Expiration Date:
June 30, 2011
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? ❑ Yes ❑ No
If No, has budget amendment been submitted? ❑ Yes ❑ No
Is this a Grant Agreement providing revenue to the County? ❑ Yes ❑ No
Special conditions attached to this grant:
6/16/2010
Deadlines for reporting to the grantor:
If a new FTE will be hired with grant funds, confirm that Personnel has been notified that
it is a grant -funded position so that this will be noted in the offer letter: ❑ Yes ❑ No
Contact information for the person responsible for grant compliance: Name:
Phone #:
Departmental Contact and Title: Mark Pilliod, Legal Phone #:
541-388-6625
Department Director Approval:
Signature Date
Distribution of Document: Who gets the original document and/or copies after it has
been signed? Include complete information if the document is to be mailed.
Official Review:
County Signature Required (check one): 5 BOCC E Department Director (if <$25K)
❑ Administrator (if >$25K but <$150K; if >$150K, BOCC Order No.
Legal Review
Document Number
Date - '
6/16/2010
For Recording Stamp Only
DESCHUTES COUNTY 911 SERVICE DISTRICT
AMENDED OPERATING AGREEMENT
WHEREAS, the Deschutes County 911 Service District ("District") was formed on May 4, 198, under
the authority of ORS Chapter 451 and ORS 401.720; and
WHEREAS, under ORS 451.485, the Governing Body of a county service district shall be the Bard of
County Commissioners; and
WHEREAS, under ORS 451.610, the Governing Body of a 911 service district shall appoint an advisory
committee to advise and assist the Governing Body in establishing, maintaining and operating the 911
emergency reporting system of the district, which shall consist of one representative from each public or private
safety agency within the district; and ; now therefore
The parties agree as follows:
1. PARTIES.
The following are eligible parties to this agreement with the District Governing Body:
-Deschutes County
- La Pine Rural Fire Protection District
-City of Bend
-City of Redmond
-Black Butte Ranch Service District
-Sisters/Camp Sherman Rural Fire Protection District
-Cloverdale Rural Fire Protection District
-Crooked River Ranch Rural Fire Protection District
2. USER BOARD.
-Black Butte Ranch Rural Fire Protection District
-Sunriver Service District
- Deschutes County Rural Fire Protection District #1
-Deschutes County Rural Fire Protection District #2
- City of Sisters
- City of La Pine
- Deschutes County Sheriff
a. There is hereby established a User Board consisting of one member appointed by and
representing each of the following public safety agencies:
- Deschutes County Sheriffs Office
- City of Bend Police Department
-City of Bend Fire Department
-City of Redmond Police Department
-City of Redmond Fire Department
-La Pine Rural Fire Protection District
-Cloverdale Rural Fire Protection District
-Crooked River Ranch Rural Fire Protection District
-Black Butte Ranch Rural Fire Protection District
-Black Butte Ranch Department of Police Service`
-Sisters/Camp Sherman Rural Fire Protection District
- Sunriver Fire Department
- Sunriver Police Department
-Deschutes County Rural Fire Protection District # 2
-Deschutes County Rural Fire Protection District # 1
Page 1 of 21 911 County Service District Amended Operating Agreement
uly, 2010
b. The User Board shall meet annually for the purpose of receiving an annual report on District
challenges, issues and accomplishments and plans for the forthcoming year. A majority of the User
Board members may call a special meeting of the User Board for the purpose of addressing with the
County Administrator or governing body any issues of district -wide concern.
c. Meetings shall be held at a time and place designated by a majority of all User Board members,
or the User Board chair, if one is appointed, upon not less than seven days prior written notice to all
User Board members.
d. Meetings and records of the User Board shall conform to the requirements of ORS Chapter 192.
A written agenda for each User Board meeting along with the proposed minutes of the previous meeting
shall be delivered to the District Governing Body and to each User Board member at least two day ; prior
to each meeting.
3. EXECUTIVE BOARD OF THE USER BOARD.
a. The Executive Board shall consist of the following permanent members:
1) The Deschutes County SHERIFF or the Sheriffs designee.
2) The City of BEND POLICE CHIEF or the Chief's designee.
3) The City of REDMOND POLICE CHIEF or the Chief's designee.
4) The City of BEND FIRE CHIEF or the Chief's designee.
5) The City of REDMOND FIRE CHIEF or the Chief's designee.
b. In addition to the five permanent members there shall be two additional Executive Board
members:
1) The Sunriver Police Chief and the Black Butte Ranch Police Chief shall select from
between the two an alternate for membership on the Executive Board.
2) The rural fire protection agencies shall select a User Board member to serve on the
Executive Board. Rural fire protection agencies include: Sisters/Camp Sherman, Black Butte Ranch,
La Pine, Sunriver, Cloverdale, and Crooked River Ranch.
3) The rural fire protection member shall serve during the same two-year term as the
Sunriver or Black Butte Police Chief.
c. The Executive Board shall be advisory to the County Administrator and shall act for and on
behalf of the parties and the User Board, except a majority of the User Board members may call a
special meeting of the User Board to consider any matter considered by the Executive Board.
d. A majority of the Executive Board shall constitute a quorum. A majority of the entire Executive
Board shall be required to take any action within the authority of the Executive Board.
e. The Executive Board shall meet not less than quarterly at a time and place designated 1 y the
Executive Board Chair upon not less than seven days prior written notice to all User Board membe s.
f. Meetings and records of the Executive Board shall conform to the requirements of ORS Cl apter
192. A written agenda for each Executive Board meeting along with the proposed minutes of the
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911 County Service District Amended Operating Agreement Ju (, 2010
previous meeting shall be delivered to the Liaison of the District Governing Body and each User Board
member at least two days prior to each meeting along with the proposed minutes of the previous
meeting.
g. The Executive Board shall review all proposed operational rules, policies and procedures of the
District.
h. The Executive Board shall review and approve the annual proposed budget for the District prior
to the submission of the budget to the District budget committee
4. ADMINISTRATOR.
a. The District Governing Body hereby delegates operational and management responsibili :ies to
the County Administrator in accordance with Deschutes County Code Section 2.05.060 and 2.05.070.
b. Without limiting the foregoing responsibilities, the Administrator shall be responsible for
administration, budget and personnel functions, including hiring, evaluating, supervising; and
terminating employees necessary for performing the services of the District. The Administrator shall
have the authority to hire, promote, demote, discipline and terminate all District personnel in accordance
with District personnel policies and collective bargaining agreements. The Administator shall review the
personnel plan as needed and, with the advice of the Executive Board make changes, if necessary.
c. The Administrator shall be responsible for call answering, dispatching, records, communications,
security and other communications center functions in conformance with the rules, policies, plans and
procedures of the District.
d. Subject to legal review, the Administrator may enter into contracts not to exceed $15(1,000,
subject to appropriation.
e. The Administrator shall attend all District meetings.
f. The Administrator shall prepare, revise, and modify District policies and procedures subject to
the advice of the Executive Board.
g. The Administrator shall prepare the annual budget subject to User Board and Governing Board
approval. The Administrator shall present the proposed budget in accordance with district budget
timetables and Oregon Local Budget Law.
h. The Administrator shall implement policies for the expenditures of budgeted items for the
District. Such policies shall be submitted to the Executive Board for review and recommendation. Such
policies shall thereafter be submitted to the District Governing Body for adoption.
i. The Administrator shall annually prepare and forward to the governing bodies of the parti( s, an
annual evaluation of the 911 emergency reporting system.
5. FINANCIAL TRANSACTIONS. The financial transactions of the Executive Board and
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911 County Service District Amended Operating Agreement Jul) 2010
Administrator shall be in compliance with the requirements of the local budget laws and expenditure limitations
contained in the laws of the State of Oregon.
6. CONFIDENTIALITY. The User Board, Executive Board and Administrator shall not use, release
or disclose any information concerning any employee, client, applicant or person doing business wi th the
District for any purpose not directly connected with the administration of the District's Governing Body, User
Board's, Executive Board's or Administrator's responsibilities under this Agreement except upon any one or
more of the following: valid subpoena, court order, as required under ORS 192.410 to 192.505, written consent
of the District Governing Body, or if applicable, the employee, client, applicant or person. The User Board,
Executive Board and Administrator shall ensure that its agents, officers and subcontractors and District
employees with access to records of the District Governing Body, the User Board, the Executive Board or the
Administrator understand and comply with this provision. The User Board, Executive Board or Adminiqrator
shall immediately contact the District Legal Counsel when media contact occurs unless such contact occu -s at a
public meeting of the District or relates to routine District administration, such as time and place of Future
meetings.
7. FUNDING. Funding shall be derived as follows:
a. Excise taxes collected on telephone exchange access services and distributed to participating
local jurisdictions by the State pursuant to ORS 401.710 to 401.790.
b. Ad valorem property taxes received by the District.
c. The District may adopt additional funding methods, such as service fees and cost-sharing
formulas.
d. The Governing Body shall not take any action to change the funding mechanisms in b. and c.
above, without first receiving a recommendation from the User Board. Should such a recommendation
not be received by the Governing Body within 60 days of a request for same, the Governing Body may
act without the User Board's recommendation.
8. PARTICIPATING AGENCY EQUIPMENT.
a. Each User Board member shall be responsible for purchasing, maintaining and repairing their
own base, mobile and portable radio equipment, as well as direct landlines from the District Call Center
to their individual stations, remote radios and offices. User Board members shall not be responsible for
District landlines to District dispatch radios.
b. Upon termination by a party and withdrawal from use of the public safety answering point, all
District equipment shall be returned to the District.
9. AUTHORITY AND DUTIES OF DISTRICT GOVERNING BODY.
a. The District Governing Body may at any time offer advice and direction to the User am l the
Executive Board.
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911 County Service District Amended Operating Agreement July 2010
b. The District Governing Body shall be the approval authority for the District's annual budget,
personnel system and modifications thereto, tax measures, and fee proposals.
c. The District Governing Body shall sign all collective bargaining agreements.
d. The District Governing Body shall also provide the necessary auditing services to the District at
a mutually agreeable cost. The Administrator, Executive Board or User Board may, at any time, request
the services of county internal auditing services. Upon the request of the Governing Body, the District
shall cooperate with the county's internal auditor.
e. The District Governing Body, acting as members of the Budget Committee required by ORS
294.336, shall participate in the review and approval of the fiscal year budget, and shall a: sume
responsibility for compliance with all publication, notice and hearing requirements for the budget
process. The District Governing Body shall also be responsible for the preparation and completion of all
necessary election filings and other requirements for all tax election measures.
10. ACCOUNTING. The fiscal year of the District shall be the same as that established for Deschutes
County, Oregon.
11. FACILITIES. Deschutes County will provide space in the building, located at 20355 Poe Sholes
Drive, Bend, Oregon to house District operations, including all staff and equipment. Reasonable costs for rent,
maintenance and utilities will be based on actual costs to County and other occupants of the building.
12. OTHER SERVICES. If the District elects not to have District employees provide services, the
District may contract for, or provide necessary services to, the District such as, but not limited to, legal services,
personnel services, information technology, payroll and accounting services. Except for services furnished by
Deschutes County, all services provided to District by non -District employees shall be set out in written
contracts. In situations where it is determined by the Deschutes County Legal Counsel that an actual or
potential conflict of interest exists in the County Legal Counsel's representation of both Deschutes County and
the District, or that retaining legal services from outside the office of the Deschutes County Legal Counsel is in
the District's best interest, the District may utilize legal services other than Deschutes County Legal Cotnsel.
In the event the district utilizes the services of County Counsel, the District shall pay the County based upon the
County's established internal service provider formula for legal services.
13. DEFAULT PROVISION. In the event the District does not adopt operational (including personnel)
policies, rules, plans and procedures or contract for or provide necessary services, the applicable Deschutes
County policy, rule, plan, procedure or service shall be deemed adopted by the District.
14. REVIEW/EVALUATION. This agreement shall be reviewed annually by the User Board to eva [uate
the efficiency of the organizational structure.
15. AMENDMENT. This agreement may be waived, altered, modified, supplemented, or amend, d in
any manner only by written agreement of two-thirds of the parties.
16. ADMISSION OF NEW PARTIES. Additional public or private parties may be added by wi itten
addendum to this agreement, signed by all parties. Parties admitted to this agreement midway through the 1 scal
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911 County Service District Amended Operating Agreement July 2010
year may be admitted with a pro -rata financial commitment.
17. DURATION OF AGREEMENT. This Agreement shall be automatically extended from year to year
on the same terms and conditions, including modifications and amendments, unless it is terminated by written
agreement of two-thirds of the parties.
18. USER BOARD'S TENDER UPON TERMINATION. Upon receiving a notice of termination of
this Agreement, the User Board, Executive Board and Administrator shall immediately cease all activities under
this Agreement, unless the District Governing Body expressly directs otherwise in such notice of termination.
Upon termination of this Agreement, the User Board shall deliver to the District Governing Body all
documents, information, works -in -progress and other property that are, or would be, deliverables had the
Agreement been completed. Upon the District Governing Body's request, the User Board shall surrender to
anyone whom the District Governing Body designates, all documents, research, objects or other tangible things
needed to complete the work.
19. WAIVER. The District Governing Body's delay in exercising, or failure to exercise any right,
power, or privilege under this Agreement shall not operate as a waiver thereof, nor shall any single or 1 artial
exercise or any right, power, or privilege under this Agreement preclude any other or further exercise thert:of or
the exercise of any other such right, power, or privilege. The remedies provided herein are cumulative and not
exclusive of any remedies provided by law.
20. GOVERNING LAW. This Agreement shall be governed by, and construed, in accordance with
the laws of the State of Oregon without regard to principles of conflicts of law. Any claim, action, suit or
proceeding (collectively, "Claim") between District Governing Body and the User Board members that irises
from or relates to this Agreement shall be brought and conducted solely and exclusively within the Circuit
Court of Deschutes County for the State of Oregon; provided, however, if a Claim must be brought in federal
forum, then it shall be brought and conducted solely and exclusively within the United States District Court for
the District of Oregon. The U.N. Convention on International Sales of Goods will not apply.
21. SEVERABILITY. If any term or provision of this Agreement is declared by a court of competent
jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shad not
be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did
not contain the particular term or provision held invalid.
22. ANTI -DISCRIMINATION CLAUSE. No person shall, on the grounds of race, color, creed,
national origin, sex, marital status, disability, age or association with any member of such classes, suffer
discrimination in the performance of this Agreement when employed by the District. The User Board shall
comply with Title VII of the Civil Rights Act of 1964, with Section V of the Rehabilitation Act of 1973, and
with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations.
Additionally, each party shall comply with the Americans with Disabilities Act of 1990 (Pub. L. No. 101-336),
ORS 659A.112 to .142, and all regulations and administrative rules established pursuant to those laws. Further,
User Board shall not discriminate against minority-owned, women -owned or emerging small business ;s in
awarding subcontracts as required by ORS 279A. 110.
23. MERGER CLAUSE. This Agreement constitutes the entire agreement between the IN rties
regarding the operational agreement for the Deschutes County 911 Service District between the Desc. Lutes
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911 County Service District Amended Operating Agreement Jul) 2010
County Board of Commissioners and public safety agencies. All understandings and agreements between the
parties and representations by either party concerning this Agreement are contained in this Agreement. No
waiver, consent, modification or change in the terms of this Contract shall bind either party unless in writing
signed by two-thirds of the parties. Any written waiver, consent, modification or change shall be effectiv'; only
in the specific instance and for the specific purpose given.
24. SURVIVAL. All rights and obligations shall cease upon termination or expiration of this
Agreement, except for the rights and obligations set forth in Sections 5 and 18.
25. EFFECTIVE DATE. This Agreement shall be executed on behalf of each participant. This Agreement
shall become effective immediately upon being adopted and signed by a two-thirds majority of the eligible
parties.
26. PRIOR AGREEMENT(S). This Agreement replaces that certain Agreement entitled, Revised
Intergovernmental Agreement for Communication Services, a copy of which is recorded in Book 90, Page 719,
Deschutes County Records, and any successor agreement, if any, thereto.
27. COUNTERPARTS. This Contract may be executed in several counterparts, all of which, when
taken together, shall constitute one agreement binding on all parties, notwithstanding that all parties ai a not
signatories to the same counterpart. Each copy of this Agreement so executed shall constitute an original.
DATED this day of , 2010 BOARD OF COUNTY COMMISSIONERS OF
DESCHUTES COUNTY, OREGON, ACTING AS
THE GOVERNING BODY OF THE DESCHUTES
COUNTY 911 COUNTY SERVICE DISTRICT
DENNIS R. LUKE, Chair
ATTEST: ALAN UNGER, Vice Chair
Recording Secretary TAMMY BANEY, Commissioner
Page 7 of 21
911 County Service District Amended Operating Agreement Jul , 2010
DATED this day of , 2010
BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY SHERIFFS OFFICE
DESCHUTES COUNTY, OREGON
DENNIS R. LUKE, Chair
ALAN UNGER Vice Chair
TAMMY BANEY, Commissioner
ATTEST:
Recording Secretary Date
Page 8 of 21
LARRY BLANTON, SHERIFF Date
911 County Service District Amended Operating Agreement July, 5010
CITY OF BEND, OREGON
MAYOR Date
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911 County Service District Amended Operating Agreement July, 010
CITY OF REDMOND, OREGON
MAYOR Date
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911 County Service District Amended Operating Agreement July, !010
BLACK BUTTE RANCH
DEPARTMENT OF PUBLIC SAFETY
BOARD CHAIR Date
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911 County Service District Amended Operating Agreement July. 2010
SUNRIVER SERVICE DISTRICT
BOARD CHAIR Date
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911 County Service District Amended Operating Agreement July, : )10
CLOVERDALE RURAL FIRE PROTECTION DISTRICT
BOARD CHAIR Date
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911 County Service District Amended Operating Agreement July, 010
LA PINE FIRE PROTECTION DISTRICT
BOARD CHAIR Date
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911 County Service District Amended Operating Agreement July, : )10
BLACK BUTTE RANCH
RURAL FIRE PROTECTION DISTRICT
BOARD CHAIR Date
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911 County Service District Amended Operating Agreement July, 2 110
DESCHUTES COUNTY
RURAL FIRE PROTECTION DISTRICT #2
BOARD CHAIR Date
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911 County Service District Amended Operating Agreement July, : 010
DESCHUTES COUNTY
RURAL FIRE PROTECTION DISTRICT #1
BOARD CHAIR Date
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911 County Service District Amended Operating Agreement July, 2010
SISTERS/CAMP SHERMAN
RURAL FIRE PROTECTION DISTRICT
BOARD CHAIR Date
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911 County Service District Amended Operating Agreement July 2010
CITY OF SISTERS
MAYOR Date
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911 County Service District Amended Operating Agreement Ju i, 2010
CITY OF LAPINE
MAYOR Date
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911 County Service District Amended Operating Agreement July, 010
CROOKED RIVER RANCH
RURAL FIRE PROTECTION DISTRICT
Director Date
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911 County Service District Amended Operating Agreement J ily, 2010