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HomeMy WebLinkAboutIGA - Radio Use - Sunriver Serv Distr10--rEe002 2{ 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 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 the 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. . annually for 6 MDT units., 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. 2008-157, between Deschutes County by and through it's Sheriffs Office, and the Sunriver Service District for the District's use of the Sheriffs Radio Communications System. Background & History: This is an annual renewal; the terms of the agreement remain the same from last year, except for a slight increase in compensation due to the addition of radios by Sunriver. Agreement Starting Date: July 1, 2008 Annual Value or Total Payment: Ending Date: June 30, 2008 $ 20,584.00 annually for 31 radio units and $ 663.00 ❑ Insurance Certificate Received check box) Insurance Expiration Date: Check all that apply: ❑ RFP, Solicitation or Bid Process ❑ Informal quotes (<$150K) X Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37) Funding Source: (Included in current budget? X Yes ❑ No If No, has budget amendment been submitted? ❑ Yes ❑ No Departmental Contact: Title: Sue Brewster/Jon Sholes County Legal / Communications Department Director Approval: Phone #: 385-1714 or 385-1400 Si z o� Date Distribution of Document: Include complete information if document is to be mailed. Official Review: County Signature Required (check one): ❑ BOCC X Department Director (if <$25K) 6/2/2008 El Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. ) Date to ` 2, (� Legal Review Document Number: 2008-157 6/2/2008 For Recording Stamp Only INTERGOVERNMENTAL AGREEMENT CONTRACT NO. 2008-157 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 Mobil 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, 2008 and terminates at 11:59 p.m. on June 30, 2009. 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 Mobil Data Communication ("MDC") System. 2.1.3 Allow Sunriver to remain on Sheriff's TRC and MDC Communication Systems as long as Sunriver's use does not unreasonably interfere with other authorized users of the either System. 2.1.4 Be solely responsible for the operation and control of the communication: system, including management of the 800 MHz Simulcast TRC and MDC Systems. Page 1 of 4 IGA 2008-157 — Deschutes County and Sunriver Service District Legal/C&A/Sher/IGA 2.1.5 Provide ID numbers for all Sunriver Police Department land talk group radios. 2.1.6 Provide ID access for all Sunriver Police Department ID's associated with Mobil 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 To 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 Communication Systems. 2.2.5 Use only Sheriff's mobil data programs compatible with Sheriffs 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 $20,584.00 for annual radio use based on 31 units. 3.1.2 $663.00 for annual MDT use based on 6 units. 3.2 Payments of the amounts listed under section 3.1 shall be paid annually on October 1st 3.3 Sunriver agrees to pay the full annual amount for each unit or MDT use added during the term of this agreement. Page 2 of 4 IGA 2008-157 — Deschutes County and Sunriver Service District Legal/C&A/Sher/IGA 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 forth in Article XI, Section 10, of the Oregon Constitution, and its contingent upon funcs 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 IGA 2008-157 — Deschutes County and Sunriver Service District Legal/C&A/Sher/IGA 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 2008. DESCHUTES COUNTY SHERIFF Deschutes County Sheriff ATTEST: BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON MICHAEL M. DALY, Commissioner DENNIS R. LUKE, Chair Recording Secretary TAMMY (BANEY) MELTON, Vice Chair DATED this day of 2008. MICHAEL KENNEDY, Sunriver Police Chief GOVERNING BODY OF SUNRIVER SERVICE DISTRICT MICHAEL M. DALY, Commissioner DENNIS R. LUKE, Chair TAMMY (BANEY) MELTON, Vice Chair Page 4 of 4 IGA 2008-157 — Deschutes County and Sunriver Service District Legal/C&A/Sher/IGA