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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. Thc
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',
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, Sheriff's Office
Communications Technician.
DISTRIBUTION OF DOCUMENTS:
Return originals to Sue Brewster, Sheriffs 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 operatio i
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.
J 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? X Yes n No
If No, has budget amendment been submitted? n Yes ❑ No
6/12/2009
Is this a Grant Agreement providing revenue to the County? ❑ Yes M 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:
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): I/ BOCC ❑ Department Director (if <$25K)
❑ Administrator (if >$25K but <$150K; if >$150K, BOCC % Order No.
Legal Review mow' Date 1'
2009 -252, 2009 -253, and 2009 -255
Document Number
6/12/200'1
INTERGOVERNMENTAL AGREEMENT
CONTRACT NO. 2009-252
DESCHUTES COUNTY AND CITY OF BEND
(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 City of Bend, by and through its Police Department, hereinafter
referred to as "City."
WHEREAS, City 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 City with use of its Communication System.
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2.1.2 City agrees to abide by the terms of use provided under this Agreement.
2.1.3 City may remain on Sheriff's Communication System as long as the City's
use does not unreasonably interfere with other authorized users of the
Communication System.
2.2 SHERIFF AGREES TO:
2.2.1 Provide City 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 all City radios 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 CITY 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 Sheriff's Communication System meet the
standards of Sheriffs Radio Communication System now and when future
expansion occurs.
2.3.3 Use only Sheriff's radio programs compatible with Sheriff'
Communication System.
2.3.4 Insure the sole user of the Communication System is the City. City shall
not allow any other use of the Communication System, except in
emergency situations where City needs to communicate with another City
unit.
2.3.5 Prior to using the system, adopt standard operating procedures compatibl
with Sheriff's Office procedures, which insure the system's availabilit y
when needed.
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3. Compensation
3.1 City agrees to pay Sheriff the amount set forth below:
3.1.1 $157,300.00 annually for 80 mobile units and 158 portables.
3.2 Payment of the amount listed under section 3.1 shall be paid annually on October
1St.
4. Partnership
4.1 Sheriff is not, by virtue of this Agreement, a partner or joint venture with City in
connection with activities carried out under this Agreement, and shall have no
obligation with respect to City'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 either party does not have funds legally
available for consideration from other sources, then either party 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,
brought for failure to observe any of the terms of this Agreement, each party shal'
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
representatives, 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.
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9. Entire Agreement
9.1 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 , 2009
LA "Y: 0 ,
D chutes County Sheriff
ATTEST:
BOARD OF COUNTY COMMISSIONERS
FOR DESCHUTES COUNTY
TAMMY BANEY, Chair
DENNIS R. LUKE, Vice Chair
Recording Secretary ALAN UNGER, Commissioner
DATED this 1 /.6 day of 8 , 2009
CITY OF BEND
&I.Pn Q
SANDI BAXTER, Bend Police Chief ERIC KIN G ager
SThdL6
PATRICIA STELL, City Recorder
APPROVED AS TO FORM:
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5/28/2005