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Home My WebLink AboutDoc 312 - IGA - Sisters Law Enforcement SvcsDeschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.orq AGENDA REQUEST & STAFF REPORT For Board Business Meeting of June 8, 2011 DATE: May 25, 2011 FROM: Darryl Nakahira Department: Sheriff's Office Phone#: 617-3369 TITLE OF AGENDA ITEM: Consideration of Board Signature of Document 2011-312, an Intergovernmental Agreement 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. PUBLIC HEARING ON THIS DATE? No BACKGROUND AND POLICY IMPLICATIONS: ORS 190.010 authorizes Sheriff and City to enter into this Intergovernmental Agreement. Said services shall encompass duties and functions of the type customarily rendered by the Sheriff (including, but not 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 of the State of Oregon pertaining to health and safety violations. Deschutes County, by and through its Sheriff's Office, has had this IGA in place since at least 2002. It was renewed in 2005 and 2008, each for another three-year period. FISCAL IMPLICATIONS: Beginning July 1, 2011, the City will pay $449,961; beginning July 1, 2012, the City will pay $467,960; beginning July 1, 2013, the City will pay $486,678. RECOMMENDATION & ACTION REQUESTED: Approve and sign IGA No. 2011-312. ATTENDANCE: Captain Tim Edwards, Sheriff's Office DISTRIBUTION OF DOCUMENTS: Return one signed original to Darryl Nakahira, Sheriff's Office Legal Counsel, for distribution. DESCHUTES COUNTY DOCUMENT SUMMARY Date: May 25, 2011 Department: Sheriff's Office Contractor/Supplier/Consultant Name: N/A Type of Document: Document 2011-312 is an Intergovernmental Agreement 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. Goods and/or Services: ORS 190.010 authorizes Sheriff and City to enter into this Intergovernmental Agreement. Said services shall encompass duties and functions of the type customarily rendered by the Sheriff (including, but not 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 of the State of Oregon pertaining to health and safety violations. Background & History: Deschutes County, by and through its Sheriffs Office, has had this IGA in place since at least 2002. It was renewed in 2005 and 2008, each for another three-year period. Agreement Starting Date: July 1, 2011 Ending Date: June 30, 2014 Annual Value or Total Payment: Beginning July 1, 2011, the City will pay $449,961; beginning July 1, 2012, the City will pay $467,960; beginning July 1, 2013, the City will pay $486,678. Check all that apply: RFP, Solicitation or Bid Process Informal quotes (<$150K) Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37) ORS 190.010 / Funding Source: (Included in current budget?) [X Yes No If No, has budget amendment been submitted? I I Yes I I No 6/2/20 1 Is this a Grant Agreement providing revenue to the County? n Yes 7 No Departmental Contact: Captain Tim Edwards, 388-6656 1 Sheriff's Approval: -Th !i "-4--- s 2 C // Sib re r P Date Distribution of Document: Return one original to Darryl Nakahira, Legal Counsel, Sheriff's Office. Official Review: County Signature Required (check one): V\ BOCC 1 Department Director (if <$25K) Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. Legal Review /114A4viAda4,3 Date / -/201 Document Number 2011-312 5/25/2011 INTERGOVERNMENTAL AGREEMENT FOR LAW ENFORCEMENT SERVICES CITY OF SISTERS DOCUMENT # 2011- S!2 . 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." WHEREAS, City desires to contract with Sheriff for the performance of law enforcement services within its boundaries by Sheriff; and WHEREAS, Sheriff is agreeable to providing such services as set forth in this agreement; and WHEREAS, Sheriff is committed to providing city residents with public safety services that are at least equal to those services provided throughout Deschutes County; and WHEREAS, Sheriff and City are committed to community policing principles and will partner together to reduce the fear and incidence of crime, recognize and solve problems, and fulfill the public safety needs of the citizens of the city of Sisters; and WHEREAS, ORS 190.010 authorizes Sheriff and City to enter into this intergovernmental agreement; now, therefore, IT IS HEREBY AGREED as follows: 1. DURATION 1.1. EFFECTIVE DAIE. This agreement is effective July 1, 2011, and terminates at 11:59 p.m. on June 30, 2014, 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. Said services shall encompass duties and functions of the type customarily rendered by Sheriff (including, but not limited to, response to calls for service, patrols in all areas of the city, traffic enforcement, P:vGE l OF 5 CITY OF SISTERS LAW ENFORCEMENT SERVICES 20 criminal investigation and apprehension of criminal suspects, etc.) pursuant to the statutes of the State of Oregon and the enforcement of the ordinances of the City of Sisters pertaining to health and safety violations. Enforcement of Sisters health and safety violations shall be mutually determined by the Sheriff and the City Manager or their designees. 2.1.2. Be solely responsible for the standards of performance, the discipline of officers, and other matters incident to the performance of such services and the control of the personnel so employed. 2.1.3. Provide no less than 120 hours of weekly patrol coverage within City, which includes employee hours allocated to training and authorized leave. The 120 hours of weekly patrol coverage shall include enforcement of school speed zones, providing neighborhood and City park patrols, and providing night business security checks. 2.1.4. Provide a monthly report to City of all law enforcement activities occurring within a geographical area commonly described as 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 level of service agreed to herein. 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 annual amounts set forth below. Monthly payments shall be paid no later than the 15`I' of the month. In the contract year beginning July 1, 201 1, the City agrees to pay $449,961; beginning July 1, 2012, the City agrees to pay $467,960; and beginning July 1, 2013, the City agrees to pay 5486,678. 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 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 is contingent upon funds being appropriated therefore. Any provisions herein which would conflict with law are deemed inoperative to that extent. PAGE 2 OF 5 CITY OF SISTERS LAW ENFORCEMENT SERVICES 2011 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 (Pub. L No. 101-336), ORS 659.425, and all regulations and administrative rules established pursuant to those laws. 8. ATTORNEY FEES 8.1. 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. 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. PAGE 3 of 5 CITY OF SISTERS LAW ENFORCEMENT SERVICES 2011 11. ENTIRE AGREEMENT 11.1. This agreement constitutes the entire agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this agreement. Any modifications to this agreement must be in writing and signed by both parties. DATED this 1 day of A. r#` , 2011 LARRY "ILANy'O Deschutes County Sheriff APPROVED this day of , 2011 for the DESCHUTES COUNTY BOARD OF COMMISSIONERS. TAMMY BANEY, Chair ANTHONY DEBONE, Vice Chair ALAN UNGER, Commissioner ATTEST: Recording Secretary PAGE 4 of 5 CITY OF SISTERS LAW ENFORCEMENT SERVICES 201 I DATED this i J day of EILEEN STEIN City of Sisters Ci Manager f STEVE BRYANT, City of isters Legal Counsel , 2011. CITY COUNCIL FOR THE CITY OF SISTERS, OREGON LON KELLSTROM, Mayor DAVID A. ASSON, Council President PAT THOMPSON, Councilor RLENE WEED, Councilor P vGE 5 5 CITY OF SISTERS LAW ENFORCEvIENT SERVICES 2011