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Home My WebLink AboutDoc 405 - Boating IGA - SO - Marine BoardDeschutes 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 27, 2012 DATE: June 20,2012 FROM: Darryl Nakahira Department: Sheriffs Office Phone # 617-3369 TITLE OF AGENDA ITEM: Consideration of Board Signature of Document 2012-405, the annual Boating Safety and Law Enforcement Services Agreement between Deschutes County, by and through its Sheriff s Office, and the State of Oregon, by and through its Marine Board. PUBLIC HEARING ON THIS DATE? No. BACKGROUND AND POLICY IMPLICATIONS: This is an annual agreement the County enters into with the State of Oregon, by and through its Marine Board. This agreement will partially fund the Sheriff's Office to provide law enforcement services and promote boater safety on certain lakes and rivers within Deschutes County. Examples of the services provided by the Sheriffs Office include pursuing boating under the influence violations, investigating boating accidents, alerting the public to unsafe boating conditions and participating in public boater education. FISCAL IMPLICATIONS: The State funding is $150,177.00 and the Sheriffs Office is paying $17,373.90 for a total of $167,550.90 for the 2012/13 budget year. RECOMMENDATION & ACTION REQUESTED: Sign Document No. 2012-405, the annual Boating Safety and Law Enforcement Services agreement between the Sheriff s Office and the Oregon State Marine Board. ATTENDANCE: Darryl Nakahira, Sheriffs Office Legal Counsel DISTRIBUTION OF DOCUMENTS: Call Pat Davis, Sheriffs Office Legal Assistant, x3367, or email when ready for pick up. \ ! I DESCHUTES COUNTY DOCUMENT SUMMARY Date: June 20,2012 Department: Sheriff s Office Contractor/Supplier/Consultant Name: Oregon State Marine Board Contractor Contact: Ginger Davis Contractor Phone: 503-378-2621 Type of Document: Intergovernmental Agreement, No. 2012-405, between Deschutes County, by and through the Sheriffs Office and the State of Oregon, by and through its State Marine Board. Goods and/or Services: This is an annual agreement the County enters into with the State Marine Board. This agreement will partially fund the Sheriffs Office to provide law enforcement services on certain lakes and rivers within Deschutes County. Background & History: For over 10 years, the Sheriff's Office has entered an annual agreement with the State Marine Board to provide boating safety and law enforcement services in order to promote safe boating practices. Examples of the services to be provided by the Sheriff's Office include pursing boating under the influence violations, investigating boating accidents, alerting the public to unsafe boating conditions, and participating in public boater education. Agreement Starting Date: July 1, 2012 Ending Date: June 30,2013 Annual Value or Total Payment: The State funding is $150,177.00 and the Sheriffs Office is paying $17,373.90 for a total of$167,550.90. Check all that apply: o RFP, Solicitation or Bid Process o Informal quotes «$150K) ~ Exempt from RFP, Solicitation or Bid Process (specify -see DCC §2.37) Funding Source: (Included in current budget? [gJ Yes 0 No If No, has budget amendment been submitted? DYes 0 No Is this a Grant Agreement providing revenue to the County? DYes [gJ No 6/2112012 5 7-3369 Sheriff's Approval: --rr--+------""]~--/cIc----- Darryl Nakahira, Legal Counsel , Sheriffs Office Distribution of Document: Call Pat Davis, Sheriffs Office Legal Assistant, x3367 , or email when ready for pick up. Official Review: County Signature Required (check one): IZI BOCC 0 Department Director (if <$25K) o Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. _ ___-') Legal Review ~~Date ~ /:l-O I,~ Document Number 2012-405 6/20 /2012 REVIEWED ~UNSEl ntergovernmental Cooperative Agreement Between Oregon State Marine Board & Deschutes County This agreement is entered into by the State of Oregon through the Oregon State Marine Board and Deschutes County under the authority of ORS 830.110 and ORS Chapter 190 . 1. Cooperators This cooperative agreement is between the Oregon State Marine Board; hereafter called 5MB and Deschutes County, hereafter called Agency. 2. Term of Agreement The period of the agreement shall be from July 1, 2012 to June 30, 2013. 3. Services Provided by Agency Agency agrees to: A. Enforce the applicable provisions of the Oregon Revised Statutes, Chapters 830 and 704 and Oregon Administrative Rules , Chapter 250 . B. Investigate complaints of boating law violations and boating accidents as specified in the 5MB Policy and Procedures Manual, revised most recently in 2005, incorporated by reference herein . C. Alert the public to unsafe boating conditions . D. Assign duties under this agreement to personnel who have completed training and received certification at the Marine Law Enforcement Academy . Boating law enforcement personnel assigned by the Agency shall be mentally and physically capable of performing required duties. Standards of performance, discipline of officers and the control of personnel performing services pursuant to this agreement shall be the responsibility of the Agency. The Agency agrees that assigned personnel shall wear a Coast Guard approved personal flotation device (life jacket) while on board a boat. E. Provide assistance to boaters and provide search and rescue services as noted in the policy and procedures manual. F. Provide law enforcement examinations of boats. G. Carry out all aspects of the Boating Safety Action plan described in Exhibit A, attached hereto and incorporated by reference herein . H. Provide 5MB with monthly activity reports to the 5MB database by the end of each month. I. Send quarterly invoices to: Boating Safety Program Financial Analyst, Oregon State Marine Board, 435 Commercial St . NE, Salem, OR 97309. Invoices must be submitted within forty five (45) days following the end of the quarter. J. Furnish and supply all necessary labor, supervision, equipment, communications, facilities and supplies necessary to provide the level of service required to fulfill this agreement . DC ----- H. Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.c. 327 330) as supplemented by Department of Labor regulations (29 CFR Part 5). 14. Designation of Forum and Choice of Law : Any party bringing a legal action or proceeding against any other party arising out of or relating to this Agreement shall bring the legal action or proceeding in the Circuit Court of the State of Oregon for Marion County . Each party hereby consents to the exclusive jurisdiction of such court, waives any objection to venue, and waives any claim that such forum is an inconvenient forum . The laws of the State of Oregon (without giving effect to its conflicts of law principles) govern a" matters arising out of or relating to this Agreement, including, without limitation, its validity, interpretation, construction, performance, and enforcement. This document constitutes the ent ire agreement between the parties. The SIVIB and Agency are the only parties to this agreement and are the only parties entitled to enforce its terms. The Agency, by the signature below of its authorized representative, does acknowledge that it has read this agreement and agrees to its terms and conditions . Signatures: State Marine Board Deschutes County Date Date of County Commissioners, Deschutes County, Oregon: Anthony DeBone, Chair Alan Unger, Vice Chair ATTEST: Tammy Baney, Commissioner Recording Secretary Dated this day of , 2012