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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 24, 2009
DATE: June 15, 2009
FROM: Sue Brewster Department: Sheriffs Office Phone: 385 -1714
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Intergovernmental Agreement
Contract # 2009 -252 - Deschutes County and City of Bend (Police Department)
Contract # 2009 -253 - Deschutes County and Black Butte Ranch
Contract # 2009 -255 - 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 /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
City of Bend Police Department, the Black Butte Ranch Police Department, and the Sunriver Polic:
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. 'i'he
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 2009 -2010, the Bend Police Department has 238 radios and will pay the Sheriff a total of
$157,300; Black Butte Ranch Police Department has 12 radios and will pay $7,931; and Sunriver Police
Department has 27 radios and 5 mobile data units and will pay $18,875.
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 15, 2009 Department: Sheriffs Office
Contractor /Supplier /Consultant Name: N/A
Contractor Contact: Contractor Phone #:
Type of Document:
Contract 2009 -252 — Deschutes County and City of Bend (Police Department)
Contract 2009 -253 — Deschutes County and Black Butte Ranch
Contract 2009 -255 — Deschutes county and Sunriver Service District
Goods and/or Services: The City of Bend Police Department, Black Butte Ranch Police
Department, and 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 City of Bend Police Department, 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, 2009 Ending Date: June 30, 2010
Annual Value or Total Payment:
For FY 2009 -2010, the Bend Police Department has 238 radios and will pay the Sheriff a total of
$157,300; Black Butte Ranch Police Department has 12 radios and will pay $7,931; and Sunriver
Police Department has 27 radios and 5 mobile data units and will pay $18,875.
Insurance Certificate Received (check box) N/A
Insurance Expiration Date:
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 n No
If No, has budget amendment been submitted? U Yes ❑ No
6/12/2009
Is this a Grant Agreement providing revenue to the County? n Yes N No
Special conditions attached to this grant:
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: n Yes ❑ No
Contact information for the person responsible for grant compliance: Name:
Phone #:
Departmental Contact and Title: Sue Brewster, Sheriffs Office Legal Counsel
Phone: 385- 714
Sheriff's Approval:
6
Date
Distribution of Document: Return the 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 Review fit`.' Date 19 (�— 0
Document Number
2009 -252, 2009 -253, and 2009 -255
6/12/200c
REVIEWED
LEGAL COUNSEL
INTERGOVERNMENTAL AGREEMENT
CONTRACT NO. 2009-253
DESCHUTES COUNTY AND BLACK BUTTE RANCH
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, 2009, and terminates at 11:59 p.m. on June
30, 2010.
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
2.1 IT IS MUTUALLY AGREED THAT:
2.1.1 Sheriff will provide Black Butte Ranch with use of its Communication System.
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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 Sheriffs 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 Sheriff s
Radio Communication System now and when future expansion occurs.
2.3.3 Use only Sheriffs radio programs compatible with Sheriffs 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.
3. Compensation
3.1 Black Butte Ranch agrees to pay Sheriff the amount set forth below:
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3.1.1 $7,931.00 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 1st.
4. Partnership
4.1 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
5.1 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 s 3urces,
then Sheriff may terminate this agreement in accordance with Paragraph 1.2
6. Attorney Fees
6.1 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.
7. Assignment
7.1 This Agreement is binding on each party, its successors, assigns and legal representativs, and
may not, under any circumstance, be assigned or transferred by either party.
8. No Waiver of Claims
8.1 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.
9. Entire Agreement
9.1 Notwithstanding and succeeding any and all prior agreement(s) or practice(s), this Agr;ement
constitutes the entire Agreement between the parties, and may only be expressly modi fled in
writing(s) signed by both parties.
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DATED this day of 2009
Deschut :'Co d my Sheriff
DATED this day of
FOR DESCHUTES COUNTY
DAVE KANNER, County Administrator
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2009
BLACK BUTTE RANCH SERVICE DIS
CARL URN : ' , Chairman
GIL ZACCARO, Police Chief
5/28/2009