HomeMy WebLinkAboutAgenda Item - 2001-05-01 - Number 5.1.1 - 5. 1 . 1
CITY OF LAKE OSWEGO 05/01/01
AGENDA REPORT SUMMARY
MEETING DATE: May 1, 2001
SUBJECT: ORDINANCE 2296, AN ORDINANCE OF THE CITY OF LAKE
OSWEGO RATIFYING THE FORMATION OF AN
INTERGOVERNMENTAL AGENCY KNOWN AS CLACKAMAS 800
RADIO GROUP
RECOMMENDED MOTION:
If City Council wishes to accept the staff recommendation, the motion should be:
Enact Ordinance 2296
ESTIMATED FISCAL ATTACHMENTS: NOTICED (Date):
IMPACT: April 19, 2001
• Council report dated
04/24/01 from Chief
Helen Bicart and Kathi
STAFF COST: n/a Alford
Ordinance no.: 2296
BUDGETED: • Ordinance 2296
Y N • Resolution 01-24 Resolution no.:
FUNDING SOURCE: Previous Council
Public Safety Budget consideration:
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DEPARTMENT DIRECTOR CITY AGER
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7
CITY OF LAKE OSWEGO
COUNCIL REPORT
To: Douglas Schmitz, City Manager
From: Helen Bicart, Chief of Police
Prepared By: Kathi Alford, Communications Manager
Subject: Approval of Ordinance 2296 to ratify the Formation of Clackamas
800 Radio Group
Date: April 24, 2001
Action Requested
Staff requests that the City Council enact Ordinance No. 2296, which would ratify the
formation of the Clackamas 800 Radio Group, as provided by ORS 190.003 through
190.085.
Background
On April 17, 2001, City Council adopted Resolution 01-24, which authorized Lake
Oswego to participate in Phase 1 of the Clackamas County 800 MHZ radio project. This
Council action also approved creation of intergovernmental agency to be known as the
Clackamas County 800 Radio Group. The Intergovernmental Agreement signed
formalizes this partnership, outlining the powers and governance of this group, (Exhibit
1, Resolution 01-24). The purpose of enacting Ordinance 2296 is to ratify the formation
of the Clackamas 800 Radio group, as provided by ORS 190.003 through 190.085.
Funding
There is no budgetary impact as a result of this action. Costs for Phase 1 of Clackamas
County 800 MHZ radio project we outlined and approved in Resolution 01-24
Conclusions
Staff concludes that:
1. This intergovernmental agency is to provide a coordinated effort among public safety
entities related to constructing and operating a 800 MHz communications system.
9
Recommendation
Staff recommends enacting Ordinance 2296.
Attachments
Resolution 01-24 (including Exhibit 1)
Ordinance No. 2296
10
ORDINANCE No. 2296
AN ORDINANCE OF THE CITY OF LAKE OSWEGO RATIFYING THE FORMATION
OF AN INTERGOVERNMENTAL AGENCY KNOWN AS CLACKAMAS 800 RADIO
GROUP
WHEREAS, the City Council of the City of Lake Oswego adopted Resolution 01-24 on April
17, 2001, which authorized the creation of an intergovernmental agency known as the Clackamas
County 800 Radio Group pursuant to the terms and conditions of that certain Intergovernmental
Agreement Clackamas County 800 Radio Group (See Resolution 01-24, Exhibit 1); and
WHEREAS, ORS 190.085 requires the enactment of an ordinance by each member of an
intergovernmental agency to ratify the creation of an intergovernmental entity;
THE CITY OF LAKE OSWEGO ORDAINS AS FOLLOWS:
Section 1: By enacting this Ordinance the City of Lake Oswego hereby creates an
intergovernmental authority, as provided by ORS 190.003 through 190.085, which shall be
known as Clackamas County 800 Radio Group.
Section 2: The Intergovernmental Agreement, attached as Exhibit"1" to Resolution No. 01-24
shall become effective upon approval of the Intergovernmental Agreement by all parties named
in the Intergovernmental Agreement, and the effective date of the Intergovernmental Agreement
shall be the latest effective date of the respective ordinances adopted by all parties to the
Intergovernmental Agreement.
Section 2: The public purpose for the intergovernmental entity is to provide cooperative and
coordinated effort among local governmental entities relating to an 800MHz radio
communication system, as more particularly set out in the Intergovernmental Agreement.
Section 3: The powers, duties, and functions of the intergovernmental entity are as set out in the
Intergovernmental Agreement.
Read by title and enacted at a regular meeting of the City Council of the City of Lake Oswego
held on 1st day of May, 2001.
Ordinance No. 2296
Page 1
Ii
AYES:
NOES:
ABSTAIN:
EXCUSED:
Judie Hammerstad, Mayor
Dated:
ATTEST:
Robyn Christie, City Recorder
APPROVED AST .
David . Powell, City Attorney
Ordinance No. 2296
Page 2
- 12
RESOLUTION 01-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO
TO APPROVE AN INTERGOVERNMENTAL AGREEMENT FOR THE
CREATION OF AN INTERGOVERNMENTAL ENTITY TO OWN, OPERATE
AND MAINTAIN PHASE 1 OF THE CLACKAMAS COUNTY 800 MHZ RADIO
SYSTEM, AND TO APPROVE A MEMORANDUM OF UNDERSTANDING
WITH CLACKAMAS COUNTY; AND TO AUTHORIZE THE MAYOR TO
EXECUTE SAID AGREEMENTS.
WHEREAS, the equipment in the City of Lake Oswego Communications Center
is aging, and the existing radio network needs replacing, and
WHEREAS, on February 15, 2000, the 800 Mhz radio and data project was
approved by City Council in Resolution 00-15, and
WHEREAS, on February 5, 2001, the proposal to participate in the Clackamas
County Phase 1800 Mhz System was reviewed in Council work session, and
WHEREAS, the City of Lake Oswego anticipates a significant cost savings in
participation in a shared system over an independently built system, and
WHEREAS, pursuant to ORS 190.010, the City of Lake Oswego may enter into a
written agreement with other units of local government for the performance of
any or all functions and activities that the City has authority to perform, including
the construction, operation and maintenance of an 800 MHZ Radio System for
communications within the City Police, Fire and Public Works Departments, and
other departments as convenient and necessary, and further to communicate
with law enforcement, fire, public works and public service departments in
surrounding communities, for purposes of mutual aid, and
WHEREAS. Clackamas County has agreed to construct Phase 1 of the
Clackamas County 800 MHZ Radio System pursuant to certain terms and
conditions; and
WHEREAS, certain units of local government, including Clackamas County,
have or will agree to the formation by intergovernmental agreement of an
agency, to be known as the Clackamas 800 Radio Group, for the operation and
maintenance of Phase 1 of the Clackamas County 800 Radio System, which will
require each unit of local government to ratify by ordinance the creation of the
Clackamas 800 Radio Group, pursuant to ORS 190.985 prior to the effective
date of the intergovernmental agreement for the City's participation in the
Clackamas 800 Radio Group
WHEREAS, participation by the City of Lake Oswego in the Clackamas 800
Radio Group is subject to:
Page 1 - RESOLUTION 01-24 1 3
a. agreement with Clackamas County to a maximum allocated capital
cost for the City's share of the construction cost of the Radio System for Phase I;
and
b. agreement with Clackamas County to assign (with conditions) the
right to use certain radio frequencies licenses held by the City, and for credit to
Lake Oswego for the value of the work done on the siting of the Lake Oswego
towers, and
WHEREAS, pursuant to ORS 190.085, the effective date of the
Intergovernmental Agreement creating the Clackamas 800 Radio Group shall be
upon the adoption by each of the parties to the Intergovernmental Agreement of
respective ordinances ratifying the creation of the Clackamas 800 Radio Group,
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
Lake Oswego that:
Section 1: The following agreements are hereby approved by the City Council of
the City of Lake Oswego, and the Mayor is authorized to execute the agreements
on behalf of the City of Lake Oswego:
Exhibit 1. Intergovernmental Agreement For Clackamas 800 Radio Group.
Exhibit 2. Memorandum of Understanding relating to the City's Maximum
Capital Cost, Assignment of Radio Frequencies, and for credit to Lake
Oswego for the value of the work done on the siting of the Lake Oswego
towers
Section 2: The effective date of the Intergovernmental Agreement and
Memorandum of Understanding shall be upon approval of the Intergovernmental
Agreement by all parties named in the Intergovernmental Agreement, and the
latest effective date of the respective ordinances adopted by all parties to the
Intergovernmental Agreement ratifying the creation of the Clackamas 800 Radio
Group.
Section 3. The approval of the Intergovernmental Agreement (Exhibit 1) and
Memorandum of Understanding relating to the City's Maximum Capital Cost,
Assignment of Radio Frequencies, and Credit for Work Done on the Siting of the
Lake Oswego Towers (Exhibit 2) shall be null and void if the Clackamas County
Radio Group shall fail or refuse to execute:
A. a Radio Agreement with Washington County Consolidated
Communications Agency (WCCCA) in the form attached hereto as
Exhibit 3; and
B. a Memorandum of Understanding with Clackamas County in the
form attached hereto as Exhibit 4.
Page 2 - RESOLUTION 01-24
4
Considered and enacted at a regular meeting of the City Council of the City of
Lake Oswego held on the 17rd day of April 2001.
AYES: Mayor Hammerstad, Hoffman, Rohde, Turchi , Graham, McPeak
NOES: None
ABSTAIN: None
EXCUSED:Schoen
Ii2) i
udie Hammerstad, Mayor
ATTEST:
40/4;/,Ce
Robyn C istie, City Recorder
APPROVED AS TO FORM
,61.-:,-,,d2 '----C?„-. _0,r
David D. Powell, City Attorney
Attachment: Intergovernmental Agreement— Clackamas 800 Radio Group
Memorandum of Understanding between Clackamas County,
Oregon and City of Lake Oswego, Oregon
15
Page 3 - RESOLUTION 01-24
INTERGOVERNMENTAL AGREEMENT
Clackamas 800 Radio Group
THIS AGREEMENT is made and entered into, pursuant to ORS 190.010, and by and among
the City of Canby, City of Lake Oswego, City of Oregon City, City of Sandy, City of West Linn;
Boring Fire District, Canby Fire District, Clackamas County Fire District Number 1, Estacada
Fire District, Sandy Fire District; and Clackamas County (herein "Initial Partners").
WHEREAS, the sharing of two way radio communications system resources results in
benefits to the Partners and to the public; and
WHEREAS, the Partners have determined a need to construct, implement, and operate
Phase 1 of an 800 MHz trunked radio system (Radio System) to serve the Partners'
jurisdictions; and
WHEREAS, the participating jurisdictions desire to establish Clackamas 800 Radio Group (herein
"Agency") for the purposes described herein; and
WHEREAS, the Agency is to provide cooperative and coordinated effort among the
Partners in the development and operation of two way radio systems; and
NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants contained
herein, it is agreed as follows:
1. CREATION:
The Partners hereby create an intergovernmental entity as provided by ORS 190.003
through 190.085; and it shall be known as Clackamas 800 Radio Group (Agency).
2. DEFINITIONS:
The following is a definition of terms used herein:
A. "Members" shall mean political jurisdictions or entities that are not providing
public safety services that utilize the Radio System and have not been
accepted as Partners.
B. "Minor Equipment Replacement" shall mean new or used equipment
convenient or necessary to maintain the operation of the Radio System as
provided in the Agency annual budget, provided however that the Equipment
shall not exceed an acquisition, repair, or replacement cost of$25,000.
C. "Partners" shall mean those political jurisdictions or entities providing public
safety services and signature to this agreement. Further it shall include those
political jurisdictions providing public safety services that are added to this
agreement in the manner defined herein.
Intergovernmental Agreement Page 1 1 7
For Clackamas County Radio System Resolution 01-2y
November 1, 2000
Exhibit 1
D. "Public safety" or"public safety services" shall mean providing Law
Enforcement and/or Fire/EMS services by a Partner, regardless of whether
provided through a department of the Partner or by the Partner generally.
E. "Public service" shall mean those services provided by political jurisdictions or
entities to the general public such as schools, public works, vector control,
water, sewer, etc.
F. "Radio Units" shall mean radio units whether portable/ mobile / control station
/ data radios enabled or programmed on the Radio System.
G. "Users" shall mean entities that utilize the radio system and are either
Partners or Members as defined above.
3. POWERS:
The Agency is vested with all powers, rights, duties, including expenditure of appropriate
funds and retaining of personnel necessary for performing those functions in the
coordinated delivery of the following services. Those functions include, but are not
limited to:
A. Adopt goals and objectives by which to own and operate the Radio System
as well as long-range plans (five year time frame) for continued operations.
B. Implementation of the goals and objectives and long range plans to the extent
funds are appropriated for that purpose by the Partners.
C. Adoption of an annual budget and approval of budget modifications as
required.
D. Review and evaluate efforts for effectiveness and conformance with
established objectives short and long term.
E. Approve new Partners. (New Partners participation rights and liabilities for
capital and operating cost sharing shall be as set forth in this Agreement.)
F. Approve Members who will utilize the radio system and determine a fee
schedule for this use.
G. Approve future phases of the Radio System build out including funding
strategies for capital and operating costs, recognizing that this power of the
Agency does not obligate the Partners to participate in the funding or
management of future phases assets.
H. Select personnel as deemed appropriate or required for the Agency.
I. Resolve operating problems of the Radio System as brought before the
Agency.
4. GOVERNING BODY:
There is hereby established a governing body and it shall have the duties as provided
below.
Intergovernmental Agreement Page 2
For Clackamas County Radio System
November 1, 2000 ('1
A. The Agency shall be governed by a Board of Directors (herein "Board")
consisting of one representative from each Partner.
B. Partners, through the Board of Directors, govern the development, management
and operation of the Radio System. (Members are not responsible for the
management of the Radio System and shall not be part of the governance of its
operation.) Each Partner shall appoint, at its pleasure, one primary
representative and one alternate representative who may attend all Board
meetings. The primary and alternate representatives may participate in all
discussions of the Board; provided however that the vote of the Partner shall be
cast only by the primary representative, unless the primary representative is
absent, in which event the alternate representative may cast the Partner's vote,
C. Each Partner, through a power of attorney or similar designation, may allow for
another Partner to represent it on the Board, in which event the vote of the
Partner may be cast by the representing Partner's representative, as provided in
subsection (b) above.
D. The Board shall be responsible for the adoption of Agency's annual operating
budget and revisions thereto.
E. The Board shall meet at a minimum of once a year or more frequently as
determined by the Chair or as requested by any Partner.
F. All meetings of the Board shall be held in accordance with Oregon Public
Meeting Laws, ORS 192.610 et seq.
G. A quorum of the Board shall be a majority representation of the Partners for the
purposes of deliberation and decision of the Board.
H. All decisions of the Board, unless otherwise provided herein, shall require a
majority vote of the Partners in attendance.
I. The Board shall adopt bylaws governing its procedures and including, at a
minimum, 1) time and place of regular meetings; 2) method and manner of
calling special meetings; 3) method, term, and manner of election of Board
officers; 4) procedures for executing documents on behalf of Agency; and 5)
development of personnel and purchasing policies.
J. The Board shall elect a chair, first vice-chair, and second vice-chair. The chair,
or in the chair's absence, the first vice-chair, or in their combined absence, the
second vice chair, shall preside over all Board meetings.
K. The Board shall appoint a clerk of the Board to be responsible for providing
notices of meetings and keeping of minutes as required by Oregon Public
Meetings Laws.
L. The Board shall adopt goals and objectives both short term (operations) and
long term.
M. The Board shall consider and adopt policies relating to ownership and
maintenance responsibilities for equipment necessary for the operation of the
Agency.
N. The Board shall perform or have performed annually an evaluation of the
effectiveness of the organization to establish its ongoing goals and objectives.
Intergovernmental Agreement Page 3
For Clackamas County Radio System
November 1, 2000 - 1 9
O. The Board, upon unanimous approval of all Partners, shall approve development
and expansion of the system including future phases, which may include funding
strategies for capital, and operating costs and funding formulas. If unanimous
approval cannot be obtained for a future phase, then the governance, funding,
and development of the future phases shall be by separate agreement but this
agreement shall continue with respect to Phase 1 of the Radio System. This
subsection shall not be amended except upon unanimous approval of all
Partners.
P. The Board shall approve contract employment terms and conditions for
employees (if any)
Q. The Board shall provide oversight and direction to all Agency operations,
R. The Board shall adopt implementing policies and strategies for Agency service
levels,
S. The Board shall provide for an annual audit of the Agency's finances,
T. The Board shall approve all contracts in compliance with the Agency's
purchasing policies,
U. The Board shall approve new Partners.
V. The Board shall approve Members who will utilize the Radio System and
determine a fee schedule for Member's use.
5. TECHNICAL OPERATING COMMITTEE:
The Board may establish additional technical operating committees as required. These
groups shall include appropriate technical staff from each Partner as may be appointed
by the Board.
6. CAPITAL COST DETERMINATION AND INITIAL PARTNER LIABILITY:
A. Definitions
a) Annual Allocated Capital Cost: shall mean the respective Initial Partner's
Allocated Capital Cost Amount divided by the number of years or fraction
thereof for repayment of the debt issued by Clackamas County.
b) Annual Allocated Capital Cost Debt Service Charge: shall mean the
expenses, over and above the principal and interest of the debt, charged to
the Agency for the County's maintenance of the debt for the construction of
the Radio System, together with the interest accruing on the unpaid principal
balance of the debt.
c) Capital Cost: shall mean the total construction cost of the Radio System,
together with consultant fees and expenses incurred for the construction and
formation of the Radio System, and any Clackamas County charges for
oversight of the construction of the Radio System. The Capital Cost is a fixed
amount, determined at completion of construction of the Radio System.
d) Capital Cost Financing Charge: shall mean the expenses incurred by the
County in issuance of bonds for the construction of the Radio System.
Intergovernmental Agreement Page 4
For Clackamas County Radio System
November 1, 2000 i 0
2
B. Financing of Initial Construction Costs.
a. The initial capital costs for construction of the Radio System infrastructure
shall be financed by Clackamas County and reimbursed by the Agency. A
Memorandum of Understanding between the Agency and Clackamas
County shall be entered into outlining the terms of this financing.
b. Attachment "A" attached hereto-dated October 9, 2000 is an estimated
breakdown of Partner costs of the initial capital and operating cost.
c. Clackamas County may enter into agreements with particular Initial
Partners to establish a maximum Initial Partner Allocated Capital Cost
Amount for the particular Initial Partner based on what the construction cost
of facilities that could be constructed by the particular Initial Partner would
cost, less adjustments to the particular Initial Partner's projected income
that would be realized if the facilities were constructed by the Initial Partner
instead of by the Agency.
C. Initial Partner Liability
The Initial Partners, as named at the beginning of this Agreement, are hereby
obligated to the Agency for payment, at the Initial Partner's election, of either:
a) Lump Sum Payment of Capital Cost. Upon 30 days demand by the Agency,
payment in full of the respective Initial Partner's Allocated Capital Cost; or
b) Semi Annual Payment of Allocated Capital Cost Charges. If Lump Sum
Payment of Capital Cost is not elected, the Initial Partner shall be liable, and
shall pay to the Agency within 30 days of demand and thereafter semi
annually until the Initial Partner's Capital Cost obligations have been paid in
full, the Initial Partner's Annual Allocated Capital Cost, Annual Capital Cost
Financing Charge, and the Annual Allocated Capital Cost Debt Service
Charge.
D. Determination of the Allocated Capital Cost Amount
a) Upon completion of construction, the Agency shall determine the total Capital
Cost incurred in construction of the Radio System.
b) Each Initial Partner shall notify the Agency, within 15 days of demand, the
number and type of radio units that the Initial Partner wishes to have enabled
or programmed on the system. The Agency shall then determine the Initial
Partner's adjusted number of radio units by adding, for each Partner, the
number of public safety radios and one-half of the number of non-public
safety radio units the Initial Partner has indicated that will be enabled or
programmed on the Radio System.
c) The Capital Cost (subsection a above) shall be divided by the adjusted
number of radio units (subsection b above), to produce the Per Radio Capital
Cost Amount.
d) To produce the respective Initial Partner's Allocated Capital Cost Amount:
Intergovernmental Agreement Page 5
For Clackamas County Radio System
November I, 2000 2 1
i. The Per Radio Capital Cost Amount shall be multiplied by the adjusted
number of radio units for each respective Initial Partner, to produce the
tentative Initial Partner's Allocated Capital Cost Amount.
ii. If the respective Initial Partner's tentative Initial Partner's Allocated Capital
Cost Amount exceeds any respective Initial Partner's Maximum Capital
Cost (see Section 6.B.c), then the County shall assume the amount that
exceeds the respective Initial Partner's Maximum Capital Cost and such
cost shall become a part of the County's cost.
e) The method of allocating the capital costs shall not be amended without
unanimous approval of all Initial Partners because following determination of
the Initial Partner's Allocated Capital Cost Amount, the allocation of capital
costs need not be recalculated during the life of the debt service for the
construction of the Radio System.
f) In the event additional equipment is purchased by the Agency, other than
minor equipment replacement, which requires additional debt service beyond
the construction cost of the Radio System, the then Partners shall address
the manner of acquisition and financing.
7. AGENCY OPERATION FUNDING:
The Agency is to be self sufficient in its operation and obtain funding from Users of the
Radio System.
A. Partners
Operating Costs shall be allocated among the Partners as follows:
a) The Net Operating Cost shall be the budgeted amount required for the
operation and minor equipment replacement for the upcoming year, plus any
carry forward operating deficit from the prior fiscal year, after deducting the
budgeted income to be received from Members and any other sources and any
carry forward operating balance from the prior fiscal year.
b) Each March 1, for the fiscal year beginning July 1 and ending the following
June 30,the Agency shall:
i. Determine the total number of Partner radio units enabled or programmed on
the Radio System, or requested to be enabled or programmed on the Radio
System commencing July 1.
ii. Divide the Net Operating Cost by the total number of Partner radio units, to
produce the Per Radio Unit Operating Cost Amount.
iii. Multiply the Per Radio Unit Net Operating Cost Amount by the number of
radio units for each Partner.
B. Members
Members shall pay a fee for use of the system as follows:
a) Member annual cost shall be determined by the Member radio unit fee as
determined by the Board multiplied by the number of units enabled or
programmed on the system.
b) Members are not subject to the Partner capital cost or operating cost allocation.
Intergovernmental Agreement Page 6
For Clackamas County Radio System
November 1, 2000 > 9
8. NEW PARTNERS OR ADDITIONAL RADIOS ADDED BY PARTNERS:
A. Capital Cost Recovery
a. New Partners or Initial Partners who wish to increase their number of enabled
or programmed radio units shall pay to the Agency the Per Radio Capital Cost
Amount (see Section 6.D.c) plus the respective Annual Capital Cost Financing
Charge, and the respective Annual Allocated Capital Cost Debt Service Charge
for each year from the date the original payment was due by the Initial Partners
(see Section 6.C.b) and thereafter until the Capital Cost is paid in full. ("Capital
Cost Recover Amount")
b. The Capital Cost Recovery Amount paid shall be credited to the Initial Partners
in proportion of their respective Initial Partner's Allocated Capital Cost Amount
B. Operating Cost Recovery
If a Partner wishes to increase the number of radio units activated or authorized for
activation on the Radio System after March 1, the Partner shall pay the Per Radio
Unit Operating Cost Amount for each fiscal year that the radio unit was not
included in the Partner's radio unit number used for determining the Partner's Net
Operating Cost Amount liability. (No credit shall be given for partial year.)
Example: if a radio unit was enabled effective April 1 and it had not been included
in the Partner's number of radio unit's calculation in Section 7, the Partner would
pay the current fiscal year's and the next fiscal year's Per Radio Unit Operating
Cost Amount.
C. Restricted Use of Monies.
The monies received by this section shall be placed in the General Fund, to reduce
future Net Operating Cost payments by the Partners. These monies shall be for
the sole and exclusive use of the Agency operation and administration, subject
only to review during adoption of Agency's annual budget.
9. OPERATION OF THE AGENCY:
The Agency will provide, through its own employees or by contracted personal services,
fiscal operational services, such as finance, legal, personnel, required for the operation
of the Agency.
10. STAFFING:
The Board, when authorized by the budget, shall hire such staff as necessary to
provide expected service levels. Such staff shall perform in accordance with
policies and procedures to be established by the Board
If a Partner provides a loaned employee to the Agency, the loaned employee shall be
under the exclusive control and direction of the Board, or such other employees as the
Board may designate, while performing assigned duties for the Agency.
Intergovernmental Agreement Page 7
For Clackamas County Radio System
November 1, 2000
2:3
11. INCREASING PARTNERSHIP / MEMBERSHIP:
The Board shall develop a process for allowing new Partners or Members of the Radio
System.
A. The Radio System is primarily a public safety related system, Phase I serves a
portion of Clackamas County (as determined by the coverage area of the Radio
System). Partnership privileges will only be afforded to political jurisdictions within
Clackamas County located within the coverage area of the Radio System with public
safety departments or functions. Note: Political jurisdictions that have public safety
departments or perform public safety services (Law Enforcement and/or Fire/EMS)
must join as Partners and may not join as Members)
B. Other political jurisdictions or entities may utilize the system in a Membership status
with priority afforded to those jurisdictions or entities located in Clackamas County
and providing services directly within the coverage area of the Radio System.
C. The initial system design and intent is to encourage Membership from other political
jurisdictions or entities in Clackamas County providing ancillary services such as
utilities, public works, or schools and their Membership shall not be unreasonably
denied.
D. Membership shall be limited to political jurisdictions or entities responsible for
providing public services such as utilities, public works, or schools.
E. To be eligible for Membership entities shall be required to be bound by the terms and
provisions of the Membership Agreement to be developed by the Board.
F. New Partnership entities shall be required to be bound by the terms and provisions
of this Intergovernmental Agreement.
12. EQUIPMENT:
The Board shall develop proposed policies relating to ownership, replacement, and
maintenance responsibilities for equipment necessary for the operation of the Agency.
13. DURATION, WITHDRAWAL AND TERMINATION:
This Agreement is perpetual and the Agency shall continue from year-to-year provided,
however,
A. Any Partner may withdraw from the Agency upon providing written notice to the
Chair of the Board not later than June 30 of any year for withdrawal effective July 1
of the following calendar year; and
B. If an Initial Partner withdraws from the Agency prior to the satisfaction of their portion
of the Initial Partner's Allocated Capital Cost Amount they will be responsible for that
portion of the capital cost until satisfied; payment shall be made on the same terms
and basis.
C. The Agency may be dissolved upon mutual agreement of all Partners anytime after
the conditions of the Memorandum of Understanding between the Agency and
Clackamas County are met.
D. No modification may be made to the capital funding structure without the unanimous
approval of all Partners because once the Initial Partner's Allocated Capital Cost
Intergovernmental Agreement Page 8
For Clackamas County Radio System
November 1, 2000 % 4
2
Amount has been determined, that figure has been fixed for purposes of repayment
of the Capital Cost.
E. No amendment may be made of this section lengthening the time required for notice
of intent to withdraw except upon unanimous approval of the Partners.
14. ASSIGNMENT OF PARTNERSHIP (AND RADIOS):
A. Upon a change in a partner's jurisdictional public safety function boundaries, a
Partner may assign part or all of a partner's rights, obligations and liabilities under
this Agreement to the succeeding political jurisdiction providing public safety
functions within the area formerly provided by the Assignor Partner. The Assignor
Partner shall notify the Agency of the transfer in jurisdictional responsibility for
providing public safety functions, and the number of radio units assigned to the
Assignee Partner.
B. An Assignee Partner shall not be deemed to be a New Partner for purposes of
Section 8 (New Partners or Additional Number of Radios to be Added to Radio
System by Partners) above for both capital cost recovery and operating cost
recovery liabilities for the radio units assigned to the Assigned Partner by the
Assignor Partner, provided the Assignee Partner agrees to assume a portion of the
Assignor Partner's outstanding liabilities and obligations, in proportion to the number
of the Assignor's assigned radio units and the Assignor Partner's total number of
radio units.
C. Assignment of Partnership shall not be deemed to be a withdrawal or termination of
the Assignor Partner for purposes of Section 13 above, as the Assignee Partner shall
be deemed to be the successor in interest of the Assignor Partner's rights,
obligations and liabilities, whether in whole or in part, under this Agreement and in
the operation of the Agency.
15 ATTORNEY FEES :
In the event any party files litigation to enforce this Agreement, or any portion thereof,
the prevailing party shall be entitled to reasonable attorney fees and costs, including any
fees and costs incurred in an appeal, and as determined by the appropriate court.
16. DIVISION OF AGENCY PROPERTY:
A. Partners terminating their participation in this Agreement waive all right to Agency -
owned personal property if the Agency continues to function as a multi-jurisdictional
entity for at least 5 years from the date of their withdrawal.
B. When termination of the Agency occurs, all withdrawing agencies that withdrew
within the prior 5 years or are part of the termination of the Agency shall share in the
disposition of all property owned by Agency at the time of its termination.
C. For agencies that withdrew within the prior 5 years, their distribution amount shall be
reduced based on the Portland Metropolitan Area CPI during that 5-year period (the
value of time) from the date of their withdrawal until the date of termination of the
Agency.
Intergovernmental Agreement Page 9
For Clackamas County Radio System
November 1, 2000 2 5
D. All property acquired by Agency after withdrawal of the party will not be considered
for distribution to the withdrawing party even though the funds for purchase
(forfeiture, grant, or otherwise) were acquired prior to withdrawal.
E. Notwithstanding any other provision of this Agreement, upon recommendation of the
Board, during its annual budget deliberations, may make a disbursement of funds
not needed for continuing operation of the Agency to the Partners.
F. This section may not be amended prior to July 1, 2020 without unanimous approval
of all Partners.
17. EFFECT OF PARTNERS ACTIONS:
The Partners agree that no Partner will unilaterally make decisions or take actions
that will effect the operating relationships or availability of resources to the other
Partners.
18. AMENDMENTS:
Except as a section or subsection may otherwise specifically provide, limit, or prohibit,
this Agreement may only be changed, modified, or amended upon three-fourths (3/4) or
more vote of all Partners.
19. EFFECTIVE DATE;
This Agreement shall be effective on November 1, 2000, or the earliest date thereafter
that the governing bodies of the Partners have properly authorized it.
20. SEVERABILITY;
The terms of this Agreement are severable and a determination by an appropriate
body having jurisdiction over the subject matter of this Agreement that results in the
invalidity of any part, shall not affect the remainder of this Agreement.
21. INTERPRETATION:
The terms and conditions of this Agreement shall be liberally construed in accordance
with the general purposes of this Agreement.
22. DEBT LIMITATION:
This AGREEMENT is expressly subject to the debt limitation upon the County, Cities
and Districts as outlined in the Oregon Constitution and /or ORS, and is contingent upon
funds being appropriated therefore. Any provisions herein, which would conflict with
law, are deemed inoperative to that extent.
If a Partner does not appropriate the funds to meet the obligations as outlined herein
that Partner shall be precluded from obtaining like services from other entities without
fulfilling the obligations as outlined in Article 13.B above. Further that Partner will not be
allowed access and/or use of the Radio System.
Intergovernmental Agreement Page 10
For Clackamas County Radio System
November 1, 2000 f'6
23. PAYMENT:
A. Thirty days prior to the date each payment is due for Capital Cost, or Operating Cost
Agency will send Partner an invoice covering the cost for the next payment period.
B. All other charges or fees incurred by the Agency on behalf of the Partner will be
invoiced to the Partner monthly, and the Partner shall pay the amount of each
invoice within thirty (30) days of its date to the Agency.
C. Agency may terminate the Partners accessibility and use of the Radio System by
giving Partner ten (10) days written notice by certified mail if Partner defaults in its
payment to Agency. Upon receipt of such notice Partner shall have thirty days
within which to make such payment to Agency and if not paid Agency may then
terminate the accessibility and use of the Radio System.
City of Lake Oswego,
City of Oregon City,
City of Sandy,
City of West Linn,
Boring Fire District
Canby Fire District
Clackamas County Fire District# 1
Estacada Fire District
Sandy Fire District
Clackamas County
Intergovernmental Agreement Page 11
For Clackamas County Radio System
November 1, 2000 2
N
CLACKAMAS COUNTY 800 MHz RADIO SYSTEM
ATTACHMENT "A" TO INTERGOVERNMENTAL AGREEMENT
Cost Allocation (w! Public Works radios paying 50% of per radio cost for backbone but full operating cost)
October 9, 2000
AGENCY BASE PORT MOBILE TOTAL BASE/ PHASE 1 PHASE 1 PHASE 1
RADIOS PORTABLE/ BACKBONE TOTAL ESTIMATED
MOBILE COST @ AGENCY COST ANNUAL
COST $5,975 FOR RADIOS & OPERATING COST
BACKBONE ASSUMING 1,230
RADIOS @$300
AMR 2 10 10 22 66,000 131,450 197,450 6,600
Boring Fire Dist. 3 35 22 60 176,700 358,500 535,200 18,000
Canby Fire 2 30 19 51 149,900 304,725 454,625 15,300
Clackamas Sheriff 3 150 257 410 1,227,200 2,449,750 3,676,950 123,000
Clackamas Fire Dist. #1 13 84 40 137 404,700 818,575 1,223,275 41,100
Estacada Fire 1 20 14 35 102,900 209,125 312,025 10,500
Lake Oswego Police 2 52 30 84 245,600 501,900 747,500 25,200
Lake Oswego Fire 4 35 21 60 177,100 358,500 535,600 18,000
Lake Oswego Public Works 5 60 35 100 294,000 298,750 592,750 30,000
Oregon City Police 2 24 20 46 136,200 274,850 411,050 13,800
Oregon City Fire 2 13 11 26 77,500 155,350 232,850 7,800
Sandy Police 2 25 18 45 132,800 268,875 401,675 13,500
Sandy Fire 3 36 18 57 167,100 340,575 507,675 17,100
West Linn Police 1 24 21 46 135,800 274,850 410,650 13,800
West Linn Fire 3 18 12 33 98,100 197,175 295,275 9,900
t West Linn Public Works 5 8 40 53 163,900 158,338 322,238 15,900
TOTAL 53 624 588 1,265 3,755,500 7,101,288 10,856,788 379,500
368,100
6,973,000
128,288 11,400
tv
on Intergovernmental Agreement Page 12
For Clackamas County Radio System
November 1, 2000