HomeMy WebLinkAboutDoc 121 - Law Enf for SistersDeschutes 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 4, 2014
DATE: May 15,2014
FROM: Darryl Nakahira, Sheriffs Office Legal Counsel Phone: 541-617-3369
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Intergovernmental Agreement:
Document 2014-121: IGA for Law Enforcement Services in the City of Sisters
PUBLIC HEARING ON THIS DATE? No.
BACKGROUND AND POLICY IMPLICATIONS:
This is a renewal of the IGA between the City of Sisters and Deschutes County, by and through its
Sheriffs Office, for the performance oflaw enforcement services by the Sheriff in the City of Sisters.
The initial three-year IGA for these services was signed in 2002 and has been renewed every three
years since that time.
FISCAL IMPLICATIONS:
Beginning July 1,2014, the City will pay $523,010; beginning July 1,2015, the City will pay $543,930;
beginning July 1, 2016, the City will pay $565,688.
RECOMMENDATION & ACTION REQUESTED:
It is recommended and requested that the Board the renewal of the IGA between the City of Sisters and
Deschutes County.
ATTENDANCE: Captain Erik Utter, Sheriffs Office
DISTRIBUTION OF DOCUMENTS:
Send an email to or call Pat Davis, Sheriffs Office Legal Assistant, x3367 when one of the originals is
ready for pick up.
5/15/2014
DESCHUTES COUNTY DOCUMENT SUMMARY
Date: May 14,2014 Department: Sheriffs Office
Contractor/Supplier/Consultant Name: City of Sisters
Contractor Contact: Andrew Gorayeb, City Manager Phone: 541-549-6022
Type of Document: Document 2014-121 is an Intergovernmental Agreement (IGA)
Goods and/or Services: This IGA is between Deschutes County, by and through its Sheriffs
Office, and the City of Sisters for the performance of law enforcement services by the Sheriff
within the boundaries of the City.
The law enforcement services shall include, but not be limited to, response to calls for service,
patrol in all areas of the city, traffic enforcement, criminal investigation and apprehension of
criminal suspects, etc.) pursuant to the statutes ofthe State of Oregon pertaining to health and
safety violations.
Background & History: The initial three-year IGA for these services was signed in 2002 and
has been renewed every three years since that time.
Agreement Starting Date: Upon the signature of all parties. Ending Date: June 30, 2016
Annual Value or Total Payment: Beginning July 1,2014, the City will pay $523,010;
beginning July 1,2015, the City will pay $543,930; beginning July 1,2016, the City will pay
$565,688.
Check all that apply:
D RFP, Solicitation or Bid Process
D Informal quotes «$150K)
[gJ Exempt from RFP, Solicitation or Bid Process (specify -see DCC §2.37)
Funding Source: (Included in current budget?) [gJ Yes D No
If No, has budget amendment been submitted? DYes D No
Is this a Grant Agreement providing revenue to the County? D Yes [gJ No
5114/2014
Departmental Contact and Title:
Pone:
Sherifr sAp p rova I: --+--::;:;rL"'-<:-----ff"t--t----><-+-~;/6 It
Date
Distribution of Document: Call or email Pat Davis, Sheriffs Office Legal Assistant, x3367,
when one original is ready for pick up.
Official Review:
County Signature Required (check one): ~BOCC 0 Department Director (if <$25K)
o Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. ____------')
Legal Review ~ Date~ sf"1/ '1
Document N umber 2014-121
5/14 /2014
INTERGOVERNMENTAL AGREEMENT
FOR LAW ENFORCEMENT SERVICES
CITY OF SISTERS
DESCHUTES COUNTY DOCUMENT #2014-121
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 Sheriffs Office, hereinafter referred to as
"Sheriff," and the City of Sisters, a municipal corporation of the State of Oregon, hereinafter
referred to as "City."
City desires to contract with Sheriff for law enforcement services within its boundaries by
Sheriff; and
Sheriff agrees to provide services as set forth in this agreement; and
Sheriff is committed to providing city residents with public safety services that are equal to those
services provided throughout Deschutes County; and
Sheriff and City are committed to community policing principles and will partner to reduce the
fear and incidence of crime, recognize and solve problems, and fulfill the public safety needs of
the citizens of the City; and
ORS 190.010 authorizes Sheriff and City to enter into this intergovernmental agreement; now,
therefore,
It is agreed as follows:
1. Duration
1.1. Effective Date. This agreement is effective July I, 2014 and terminates at II :59 p.m.
on June 30, 2017, unless terminated sooner under Section 1.2 of this agreement.
1.2. Termination. This agreement may be terminated by either party upon 180 days written
notice to the other party. Termination under this Paragraph shall not affect any
obligations or liabilities accrued prior to such termination.
2. Statement of Work
2.1. Sheriff agrees to:
2.1.1. Provide law enforcement services within the corporate limits of City. Sheriff
shall perform duties and functions of the type customarily rendered by Sherif~
including, but not limited to, response to calls for service, patrol in the city,
traffic enforcement, criminal investigation and apprehenSion of criminal
suspects, pursuant to the statutes of the State of Oregon and the enforcement of
the ordinances of the City pertaining to health and safety violations.
Enforcement of City health and safety violations shall be mutually determined
by the Sheriff and the City Manager or their designees.
2.1.2. Be responsible for the standards of performance, the discipline of officers, and
matters in the performance of such services.
2.1.3. Provide a minimum of 120 hours of weekly patro I coverage within City, which
includes employee hours allocated to training and authorized leave. The 120
PAGE 1 oF4 ClTYOF SISTERS LAW ENFORCEMENT SERVICES 2014
DC 20 4-121
4/16/2014
hours of weekly patrol coverage shall include enforcement of school speed
zones, neighborhood and City park patrols, and night business security checks.
2.1.4. Provide a monthly report to City of all law enforcement activities in the
geographical area within the boundaries of the Sisters School District, with the
East boundary at U.S. Hwy 20 and Fryrear Road and U.S. Hwy 126 and Dry
Canyon and the West boundary being the Deschutes County line.
2.1.5. Furnish and supply all necessary labor, supervision, equipment, radio
communication facilities and supplies to maintain the agreed level of service.
2.2. City agrees to:
2.2.1. Grant full municipal police authority to Sheriff and Deschutes County.
3. Compensation
3.1. City agrees to pay Sheriff the amounts set forth in 3.2. Such payments shall be paid
monthly, no later than the 15 th of the month.
3.2. In the contract year beginning July 1,2014, the City agrees to pay $523,010; begnning
July 1,2015, the City agrees to pay $543,930; and beginning July 1,2016, the City
agrees to pay $565,688.
4. Partnership
4.1. Sheriff is not, by virtue of this agreement, a partner or joint venturer 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.
S. Constraints
5.1. This agreement is subject to the debt limitation of Oregon counties set forth in Article
XI, Section 10, ofthe Oregon Constitution, and is contingent upon funds being
appropriated. Any provisions herein which would conflict with law are inoperative.
6. Liability
6.1. Sheriff and Deschutes County hereby covenant and agree to hold and save City, its
officers, agents or employees harmless from all claims whatsoever that may arise by
reason of any act of Sheriff and Deschutes County, their officers, agents or employees,
in the performance of the duties required by the terms of this agreement.
7. Non-Discrimination
7.1. Both parties agree:
That no person shall, on the grounds of race, color, national origin, gender, religion,
marital status, family relationship, sexual orientation, or age, suffer discrimination in
the performance of this agreement when employed by Contractor. Contractor agrees to
comply with Title VI of the Civil Rights Act of 1964, with Section V of the
Rehabilitation Act of 1973, and with all applicable requirements of federal and state
civil rights and rehabilitation statutes, rules and regulations. Additionally, each party
shall comply with the American with Disabilities Act of 1990, ORS 659A.l42, and all
regulations and administrative rules established pursuant to those laws.
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8. Arbitration Required and Attorneys' Fees
8.1. Any dispute or claim that arises out of or that relates to this agreement, or to the
interpretation, breach, or default thereof, or to the existence, scope or validity of this
agreement or the arbitration agreement, shall be resolved by arbitration by filing a claim
with Arbitration Service of Portland, Inc. Judgment upon the award rendered pursuant
to such arbitration may be entered in Deschutes County Circuit Court. In the event suit
or action is brought, or an arbitration proceeding is initiated, to enforce or interpret any
of the provisions of this agreement, or that arise out of or relate to this agreement, the
prevailing party shall be entitled to reasonable attorney's fees. The determination of the
prevailing party and the amount of the reasonable attorney's fees to be paid to the
prevailing party shall be decided by the arbitrator.
9. 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.
10. No Waiver of Claims
10.1. 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.
11. Entire Agreement
11.1. This agreement constitutes the entire agreement between the parties. Any modifications
to this agreement must be in writing and signed by both parties. rICE: "
~~~Pt~-Er-~~~~i+,&I~'~a ~~------------
2014 Dated this Ii day of 2014AJ
DESCHUTES COUNTY BOARD OF COMMISSIONERS:
Tammy Baney, Chair
Anthony DeBone, Vice Chair
ATTEST:
Alan Unger, Commissioner
Recording Secretary
Dated this __ day of ______ 2014
Larry Bl
Dated this #-day of ~
PAGE 3 OF 4 CITY OF SISTERS LAW ENI'ORCEMENT SERVICES 20 [4
4/[6/20[4
Dated this ~day of M Q, Ij 2014
CITY COUNCIL FOR THE CITY OF SISTERS:
Brad Boyd, Mayor
Steve Bryant, Legal Counsel
Dated this __ day of _____2014
Dated this ..g day of __--\\:--2014_~
PA GE 4 Of 4 CITY OF SIST ERS LAW ENFORC EMENT SERVICES 2014
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