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HomeMy WebLinkAboutIGA - Radio System Use - Black Butte RanchDeschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.or AGENDA REQUEST & STAFF REPORT For Board Business Meeting of June 11, 2008 Please see directions for completing this document on the next page. DATE: June 3, 2008 FROM: Sue Brewster DSCO 385-1714 TITLE OF AGENDA ITEM: "Consideration of Board Signature of ; IGA Contract # 2008-156 - Deschutes County and City of Redmond IGA Contract # 2008-161 - Deschutes County and City of Bend Police Department IGA Contract # 2008-159 - Deschutes County and City of Bend Public Works IGA Contract # 2008-158 - Deschutes County and Black Butte Ranch IGA Contract # 2008-157 Deschutes County and Sunriver Service District; all annual renewals for th use of the Sheriffs Office Radio Communications Systems. PUBLIC HEARING ON THIS DATE? No. BACKGROUND AND POLICY IMPLICATIONS: Annual renewal of contracts for the use of the Sheriffs Radio Communications System. The language of the agreement remains the same as last year except that there are slight increases in compensation due to the addition of radios by each entity. FISCAL IMPLICATIONS: From; City of Redmond - $ 2543 annually Black Butte Ranch - $ 7304.00 annually Bend Public Works - $ 124,168.00 annually Bend PD - $ 158,032.00 annually Sunriver Service District - $ 21, 247.00 annually RECOMMENDATION & ACTION REQUESTED: Approve and sign the IGAs listed above. ATTENDANCE: Sue Brewster / Jon Sholes . DISTRIBUTION OF DOCUMENTS: Return signed originals to M. Goodin at DCSO Legal for distribution to parties for their signatures. . 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 Form 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: Please complete all sections above the Official Review line. June 11, 2008 Contact Person: Sue Brewster Contractor/Supplier/Consultant Name: Department: n/a Sheriffs Office Phone #: 385-1714 Goods and/or Services: An annual renewal of an Intergovernmental Agreement; Contract No. 2008 - 158, between Deschutes County by and through it's Sheiffs Office and Black Butte Ranch for the Ranch's use of the Sheriffs Radio Communication System. Background & History: This is an annual renewal; the terms of the agreement remain the same from last year. Agreement Starting Date: July 1, 2008 Annual Value or Total Payment: Ending Date: June 30,2009 $7304.00 annually for 11 radio units ❑ Insurance Certificate Received check box) 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? E Yes ❑ No Departmental Contact: Title: Sue Brewster / Jon Sholes County Legal / Communications Department Director Approval: Phone #: 385-1714 or 385-1400 Date Distribution of Document: Include complete information if document is to be mailed. Official Review: County Signature Required (check one): ❑ BOCC LI Department Director (if <$25K) ❑ Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. 5/30/2008 Legal Review Document Number Date Z 0 o $ --1 5/30/2008 REVD LEGAL Go NSEL For Recording Stamp Only INTERGOVERNMENTAL AGREEMENT CONTRACT NO. 2008-158 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, 2008, and terminates at 11:59 p.m. on June 30, 2009. 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. 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 the 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 all Black Butte Ranch land talk group's radio. 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 Sieriff s Radio Communication System now and when future expansion occurs. 2.3.3 Use only Sheriff's radio programs compatible with Sheriffs Communication System. 2.3.4 Insure the sole user of the Communication System is the Black Butte Ranch. Black Butte Ranch shall now 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 amounts set forth below: 3.1.1 $7,304.00 for annual radio use based on 11 units. 3.2 Payments of the amounts 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 obligatio i 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 does no funds legally available for consideration from other sources, 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 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. 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 2008. LARRY : L Desc tes County Sheriff ATTEST: Recording Secretary BOARD OF COUNTY COMMISSIONERS FOR DESCHUTES COUNTY, OREGON DENNIS R. LUKE, Chair MICHAEL M. DALY, Commissioner TAMMY (BANEY) MELTON, Vice Chair DATED this day of 2008. BLACK BUTTE RANCH SERVICE DISTRICT Carl Burnham Jr., Chairman GIL ZACCARO, Police Chief GOVERNING BODY OF THE BLACK BUTTE RANCH SERVICE DISTRICT BOARD OF COUNTY COMMISSIONERS FOR DESCHUTES COUNTY, OREGON MICHAEL M. DALY, Commissioner DENNIS R. LUKE, Chair TAMMY (BANEY) MELTON, Vice Chair