HomeMy WebLinkAboutIGA - Use of Sheriff Radio Equip - Sunriver SD�`vTESc,
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: Sheriff's 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. Thy:
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. 1 he
users insure that all radios using the Communication System meet the standards of the Sheriffs Rac.io
Communication System now and when future expansion occurs. The users also have adopted stanc.ard
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, Sheriff's Office Legal Counsel; Jon Sholes, Sheriffs Office
Communications Technician.
DISTRIBUTION OF DOCUMENTS:
Return originals to Sue Brewster, Sheriff's Office Legal Counsel
DESCHUTES COUNTY DOCUMENT SUMMARY
Date: June 15, 2009 Department: Sheriff's 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 Sheriffs 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 ❑ No
If No, has budget amendment been submitted? ❑ Yes 1 I No
6/12/2009
Is this a Grant Agreement providing revenue to the County? n Yes ® 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 n 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:
Sig ur
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
Document Number
Date IP ` °
2009 -252, 2009 -253, and 2009 -255
6/12/2009
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
INTERGOVERNMENTAL AGREEMENT
CONTRACT NO. 2009-255
DESCHUTES COUNTY AND SUNRIVER SERVICE DISTRICT
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, 2009 and terminates at 11:59 p.rn.
on June 30, 2010.
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 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 Mi)C
Systems.
Page 1 of 4 5/27/2009
Legal /C&A/Sher /IGA/SO Radio IGA's
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 Sheriffs 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.
2.2.7 Prior to using the system, adopt standard operating procedures compatible with
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 $17,845.00 for annual radio use based on 27 units.
3.1.2 $1,030.00 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 forlh
in Article XI, Section 10, of the Oregon Constitution, and is contingent upon funcls
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 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.
Page 3 of 4
Legal /C&A/Sher /IGA/SO 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 2009
Deschutes County Sheriff
FOR DESCHUTES COUNTY
DAVE KANNER, County Administrator
DATED this a j day of
)14•4tA
MICHAEL KENNEDY, Sunriver olice Chief
ATTEST:
Recording Secretary
Page 4 of 4
Legal /C&A/Sher /IGA/SO Radio IGA's
2009
GOVERNING BODY OF SUNRIVER SERVICE
DISTRICT
Tammy Baney, Chair
Dennis R. Luke, Vice Chair
Alan Unger, Commissioner