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HomeMy WebLinkAboutDoc 631 - Law Enf Agrmt - State 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 September 29, 2010 DATE: September 20, 2010 FROM: Sue Brewster Department: Sheriffs Office Phone # 385-1714 TITLE OF AGENDA ITEM: Consideration of Board Signature of Document No. 2010-631, the annual Boating Safety and Law Enforcement Services agreement between the Sheriffs Office and the State of Oregon, by and through its State 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 State Marine Board. This agreement will partially fund the Sheriffs Office to provide law enforcement services and promote boater safety on certain lakes and rivers within Deschutes County. Examples of the services to be 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 $142,072 and the Sheriffs Office is paying $47,067 for a total of $189,139 in the 2010/2011 budget year for this program. RECOMMENDATION & ACTION REQUESTED: Sign Document No. 2010-631, the annual Boating Safety and Law Enforcement Services agreement between the Sheriffs Office and the State of Oregon Marine Board. ATTENDANCE: Sue Brewster, Deschutes County Sheriff's Office Legal Counsel DISTRIBUTION OF DOCUMENTS: Return signed originals to Sue Brewster at the Sheriffs Office. DESCHUTES COUNTY DOCUMENT SUMMARY Date: September 20, 2010 Department: Sheriff's Office Contractor/Supplier/Consultant Name: N/A Contractor Contact: Contractor Phone #: Type of Document: Intergovernmental Agreement, No. 2010-631, between Deschutes County, by and through the Sheriff's 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 Sheriffs 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, 2010 Ending Date: June 30, 2011 Annual Value or Total Payment: The State funding is $142,072 and the Sheriff's Office is paying $47,067 for a total of $189,139 in the 2010/2011 budget year. Check all that apply: ❑ RFP, Solicitation or Bid Process ❑ Informal quotes (<$150K) ® Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37) Funding Source: (Included in current budget? ® Yes ❑ No If No, has budget amendment been submitted? ❑ Yes n No Is this a Grant Agreement providing revenue to the County? ❑ Yes ® No 9/17/2010 Departmental Contact and itle: Sue Brewster, Legal Counsel, Sheriff's Office Ph1 e #: 385- 71 Sheriff's Approval: Date Distribution of Document: Return original documents to Sue Brewster, Sheriff's Office Official Review: County Signature Required (check one): BOCC ❑ Department Director (if <$25K) ❑ Administrator (if >$25K but <$150K; if >$150K, BOCC Order No. Legal Review Document Number 2010-631 Date � 9/17/2010 Contract Boating Safety and Law Enforcement Services a ORIGINAL This contract is entered into by and between the STATE OF OREGON, acting by and through its State Marine Board, hereinafter called the BOARD, and Deschutes County, through its Sheriffs' Office, hereinafter called the CONTRACTING PARTY or County, under the authority of ORS 830.110 and ORS Chapter 190. The execution and delivery and termination of this contract by Contracting Party must be approved by the County Court or County Board of Commissioners, as applicable. A. DEFINITIONS 1. "MSLE PPM" shall mean the MARINE SAFETY LAW ENFORCEMENT POLICY AND PROCEDURES MANUAL, the reference manual that governs the boating safety law enforcement program. 2. "AUTHORIZED EXPENDITURES" shall mean those expenditures authorized by the BOARD as noted in the MSLE PPM. B. BASIC SERVICES TO BE PROVIDED The CONTRACTING PARTY will provide the following services in accordance herewith and with the MSLE PPM in order to promote safe boating practices on Oregon's waterways: 1. Enforce the applicable provisions of the Oregon Revised Statutes, Chapters 830 and 704. 2. Enforce the applicable provisions of the Oregon Administrative Rules, Chapter 250. 3. Investigate complaints of boating law violations. 4. Actively pursue boating under the influence violations. 5. Investigate boating accidents as specified in the MSLE PPM. 6. Provide law enforcement examinations of boats. 7. Alert the public to unsafe boating conditions. 8. Provide assistance to boaters as warranted, search and rescue services being provided only as noted in the MSLE PPM. 9. Distribute such public information as may be provided by the BOARD. 10. Provide marine patrol coverage on all waters within county jurisdiction with a particular emphasis on those waters described in the Fiscal Year 10/11 Marine Safety and Law Enforcement Program ("Program") budget, which is attached hereto as Exhibit A and made a part of this contract. 11. Implement program improvements as set forth in the current edition of the Marine Law Enforcement Plan to the extent funding allows. 12. Actively participate in formal/informal public boater education including proctoring equivalency exams for Mandatory Education (Boater Education Card), adult education (including Boat Oregon Course), and youth/school education safety programs (minimum: "Aqua Smart" program to second grade students countywide). REVIEWED LEGAL COUNSEL 1 DC 2010•631 C. CONTRACTING PERIOD This contract shall be effective from July 1, 2010, through June 30, 2011. D. BUDGET The BOARD will, upon receipt of expenditure documentation, pay to the COUNTY an amount not to exceed in the aggregate the sub -total shown in the below listed BOARD column. Board's payments shall not pay for all services of County and County shall provide a match (County Match) as shown below. These payments will be for such boating safety and law enforcement services as are contained in this contract and Exhibit A. BOARD County Match Personnel Services $124,662 $ 3,917 Services and Supplies $17,410 $43,150 Sub -Total $142,072 $47,067 Program Grand Total $189,139 E. PAYMENT SCHEDULE Payments to the CONTRACTING PARTY shall be made on a semi-annual basis for Authorized Expenditures actually incurred in accordance with the MSLE PPM and shall be paid within thirty (30) days of receipt of a signed State Marine Board voucher and expenditure report denoting such expenditures. This expenditure report must also display those expenditures, which will constitute the County Match. The final request for payment must be received at the Board office no later than July 31 immediately following the conclusion of the contract period (unless otherwise advised). F. GENERAL PROVISIONS 1. The CONTRACTING PARTY shall perform the services required under this contract as an independent contractor. Each party shall be responsible exclusively with respect to their employees, for providing for employment-related benefits and deductions that are required by law, including but not limited to federal and state income tax deductions, workers' compensation coverage, and contributions to the Public Employees Retirement System. Any wages, salaries or reimbursements made to employees of the CONTRACTING PARTY shall be at a reasonable rate as compared to the rate for similar work within the CONTRACTING PARTY'S county and similar surrounding counties. Each party shall be responsible, to the extent required by the Oregon Tort Claims Act, ORS 30.260-30.300, only for the acts, omissions or negligence of its own officers, employees or agents. 2. During the term of this contract, the CONTRACTING PARTY shall provide insurance to cover all loss, damage or injury to the equipment purchased under this contract, in an amount no less than the purchase price thereof. Such insurance shall be provided by the CONTRACTING PARTY through an insurer duly authorized to do business in the State of Oregon but may be provided by self-insurance. Any proceeds from insurance or self-insurance shall be applied to the repair or replacement of the damaged equipment unless the CONTRACTING PARTY received prior written direction or authorization from the BOARD to otherwise dispose of the proceeds. 3. This contract is subject to all applicable federal Assurances specified in Exhibit B attached hereto and by this reference made a part hereof. If applicable, CONTRACTING PARTY shall provide the BOARD its Annual Comprehensive Financial Report as required in the Single Audit Act of 1984, 31 U.S.C. §§7501-7507 (1994) as amended by Pub.L. 104-156, §§ 1-3, 110 Stat. 1397 (1996). At the end of each fiscal year during the term of this contract, the CONTRACTING PARTY will be notified of the amount of federal pass-through dollars included in the payments made by the BOARD to the CONTRACTING PARTY during that fiscal year. 2 4. Payment requests shall only be for services provided by the CONTRACTING PARTY pursuant to this contract and for costs incurred by the CONTRACTING PARTY in conjunction with such services (including salaries, supplies or purchases of equipment). G. BOARD RESPONSIBILITIES 1. The BOARD and its officers, agents and employees shall neither solicit nor accept gratuities, favors, or anything of monetary value from the CONTRACTING PARTY. 2. The BOARD shall maintain selected records of marine effort and activity in order to assure adequate performance within the terms, conditions and specifications of this contract. 3. The BOARD acknowledges and agrees that the ownership of any boat purchased by the CONTRACTING PARTY during the term of this contract shall be vested in the CONTRACTING PARTY regardless of funding source, subject to Section H.7 hereof. H. CONTRACTING PARTY RESPONSIBILITIES 1. The CONTRACTING PARTY shall furnish and supply all necessary labor, supervision, equipment, communications, facilities, and supplies necessary to provide the level of service described in the MSLE PPM and the CONTRACTING PARTY'S proposed marine patrol budget. 2. Standards of performance, discipline of officers, and other matters incidental to the performance of the services required to be performed hereunder by the CONTRACTING PARTY and the control of personnel performing such services shall at all times be the responsibility of the CONTRACTING PARTY. 3. Personnel assigned by the CONTRACTING PARTY to the duty of boating law enforcement shall be mentally and physically capable of performing such duties. They shall have a thorough knowledge of boating laws and regulations and the powers, duties, and limitations of the authority of police officers. They shall have a thorough knowledge of operations of small boats and the rules and regulations pertaining thereto. All marine patrol personnel, other than assistants, must complete the Marine Law Enforcement Training Course approved by the BOARD and be certified by the Board. 4. All persons engaged in the boating law enforcement program shall actively cooperate with the BOARD. 5. The CONTRACTING PARTY shall not enter into any subcontracts for marine law enforcement services required to be provided hereunder by the CONTRACTING PARTY without the prior written approval of the BOARD. The BOARD's consent to any subcontract shall not relieve the CONTRACTING PARTY of any of its duties or obligations under this contract. 6. The CONTRACTING PARTY shall maintain all fiscal records relating to this contract in accordance with generally accepted accounting principles. In addition, Contractor shall maintain any other records pertinent to this contract in such a manner as to clearly document the CONTRACTING PARTY'S performance. The CONTRACTING PARTY acknowledges and agrees that the BOARD and the Oregon Secretary of State's Office and the federal government and their duly authorized representatives shall have access to such fiscal records and other books, documents, papers, plans and writings of the CONTRACTING PARTY that are pertinent to this contract to perform examinations and audits and make excerpts and transcripts. The CONTRACTING PARTY shall retain and keep accessible all such fiscal records, books, documents, papers, plans, and writings for a minimum of seven (7) years, or such longer period as may be required by applicable federal law, following fmal payment and termination of this contract, or until the conclusion of any audit, controversy or litigation arising out of or related to this contract, whichever date is later. 7. The CONTRACTING PARTY agrees to maintain in good working condition any boat or major piece of equipment purchased, in whole or in part, by the CONTRACTING PARTY with funds received pursuant to this contract. Preventative maintenance schedules for boats and trailers will be established and be adhered to. 3 Further, upon the trade-in or sale of a boat or major piece of equipment purchased, in whole or in part, with funds received pursuant to this contract, any proceeds derived from such trade-in or sale shall remain in the CONTRACTING PARTY'S marine budget for use in the Marine Law Enforcement program. Upon termination of this contract, all boats and major pieces of equipment purchased, in whole or in part, with funds received pursuant to this contract shall be returned to the BOARD for reassignment. 8. The CONTRACTING PARTY agrees that the use of any boat or major piece of equipment purchased, in whole or in part, by the CONTRACTING PARTY with funds provided pursuant to this contract shall be limited to activities necessary to carry out the provisions of this contract and such other authorized activities as contained in the MSLE PPM. 9. The CONTRACTING PARTY agrees that each person employed for the purpose of fulfilling provisions of this contract shall wear a Coast Guard approved personal floatation device (life jacket) while working or riding in boats. 10. The CONTRACTING PARTY covenants that it will improve performance in all areas identified in prior written communication such as monthly report cards, field evaluations as well as other pertinent documents. And as recommended by State auditors, the CONTRACTING PARTY must comply with performance norms as outlined in MSLE PPM. Performance will be monitored periodically for purpose of noting improvement and to document the CONTRACTING PARTY'S compliance with this Section H. 10. Such information may be considered by the BOARD in future contract negotiations and non-compliance with MSLE PPM performance standards may identify the CONTRACTING PARTY'S program as a candidate for audit and may place the CONTRACTING PARTY'S program at risk of funding reductions. 11. The CONTRACTING PARTY shall comply with all federal, state and local laws, regulations, executive orders and ordinances applicable to this contract. The BOARD'S performance under this contract is conditioned upon the CONTRACTING PARTY'S compliance with the provisions of ORS 279B.220, 279B.230, 279B.235, and 279.555, which are incorporated by reference herein. 12. Contracting Party shall defend, save, hold harmless, and indemnify the Board and their officers, employees and agents from and against all claims, suits, actions, losses, damages, liabilities, costs and expenses of any nature resulting from or arising out of, or relating to the activities of Grantee or its officers, employees, contractors, or agents under this Agreement. Contracting Party is required to indemnify pursuant to this Section 12 only to the extent permitted by Article XI, Section 10, of the Oregon Constitution. I. TERMINATION 1. This contract may be terminated by mutual consent of both parties; by either party on 30 days notice; or by either party upon 20 days notice under the following conditions: a. If funding from federal, state or other source(s) is not obtained and continued at levels sufficient to allow for purchase of the indicated quantity of services. When possible, and when agreed upon, the contract may be modified to accommodate a reduction in funds. b. If any federal, state, local or county law, regulation, ordinance or guideline is modified or changed in such a way that the services are no longer allowable or appropriate for purchase under this contract. c. If the CONTRACTING PARTY commits any material breach or default of any covenant, warranty, obligation or agreement under this contract, and such breach, default or failure is not cured within such 20 -day period after delivery of the Board's notice. 2. The Board shall be entitled to any and all rights and remedies at law or in equity. 1. Reserved J. FORCE MAJEURE 4 K. MISCELLANEOUS 1. Except as otherwise expressly provided in this contract, any communications between the parties hereto or notices to be given hereunder shall be given in writing by personal delivery, facsimile, or mailing the same, postage prepaid, to the CONTRACTING PARTY or the BOARD at the address or number set forth on the signature page of this contract, or to such other addresses or numbers as either party may hereafter indicate pursuant to this Section K.1. Any communication or notice so addressed and mailed shall be deemed to be given five (5) days after mailing. Any communication or notice delivered by facsimile shall be deemed to be given when receipt of the transmission is generated by the transmitting machine. Any communications or notice by personal delivery shall be deemed to be given when actually delivered. 2. This contract shall be governed by and construed in accordance with the laws of the State of Oregon without regard to principles of conflicts of law. Any claim, action, suit or proceeding (collectively, "Claim") between the BOARD (or any other agency or department of the State of Oregon) and the CONTRACTING PARTY that arises from or relates to this contract shall be brought and conducted solely and exclusively within the Circuit Court of Marion County for the State of Oregon; provided, however, if a Claim must be brought in a federal forum, then it shall be brought and conducted solely and exclusively within the United States District Court for the District of Oregon. 3. The BOARD and the CONTRACTING PARTY are the only parties to this contract and are the only parties entitled to enforce its terms. Nothing in this contract gives, is intended to give, or shall be construed to give or provide any benefit or right, whether directly, indirectly or otherwise, to third persons unless such third persons are individually identified by name herein and expressly described as intended beneficiaries of the terms of this contract. THIS CONTRACT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES ON THE SUBJECT MATTER HEREOF. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THIS CONTRACT SHALL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS CONTRACT. CONTRACTING PARTY, BY THE SIGNATURE BELOW OF ITS AUTHORIZED REPRESENTATIVE, DOES HEREBY ACKNOWLEDGE THAT IT HAS READ THIS CONTRACT, UNDERSTANDS IT AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. IN WITNESS WHEREOF, this instrument has been executed by each of the parties' signatory hereto. STATE OF OREGON acting by and through its STATE MARINE BOARD 435 Commercial St NE Salem OR 97300 /Assistant $ntor Date DESCHUTES CO. SHERIFF'S OFFICE La r _tclanton : Sheriff Date APPROVED: County Court/Board of Commissioners Dennis R. Luke, Chair Alan Unger, Vice Chair Tammy Baney, Commissioner ATTEST: Recording Secretary Dated this 5 day of , 2010 FP!: 2010/2011 DESCHUTES MARINE SAFETY AND LAW ENFORCEMENT PROGRAM BUDGET Proposed: 25 -May- 1 0 Approved (SMB): Date Agency Program Length: Seasonal Budget Preparer: Sgt. Scott Shelton/Cpl. Neil Mackey Title: Spc. Svcs. Coord./Marine Pgrm. Mngr. Date (Seasonal/Year-round) Phone: 541-388-6501/541-388-6503 I. FUNDING RECAP Personnel Services: Services & $ Supplies: Total: $ SMB Agency Cash Agency In -Kind Agency Total Total Program i0'. $142,072 $27,467 $19,600 $47,067 *Minimum Match = 20% of Total Program Amount Formula = SMB Amount/4 = Minimum Match (or Total Program x 20%) II. OPERATIONS A: Patrol Vessels: (Include non-registered/non-powered vessels) OR 195 XCX OR 310 XCX OR 458 XCX OR 411 XCX OR 363 XCX OR 445 XCX B: Patrol Areas: (If a river, specify upstream to downstream limits) Be Specific: Do not estimate 40 hours per week, 52 weeks a year unless you intend to meet that commitment. (Some waterbodies may require only a few weeks of coverage and a few hours or less per visit) (1) Body of water: Cultus Lake Average hours of patrol per week: Number of weeks coverage: Estimated hours of coverage per year: (2) Body of water: Little Cultus Lake Average hours of patrol per week: Number of weeks coverage: Estimated hours of coverage per year: 10 20 0.5 20 200 10 1 B: Patrol Areas: (CONTINUED) (3) Body of water: Crane Prairie Rsvr. Average hours of patrol per week: 10 Number of weeks coverage: 20 Estimated hours of coverage per year: (4) Body of water: Wickiup Rsvr. 200 Average hours of patrol per week: Number of weeks coverage: Estimated hours of coverage per year: 20 22 (5) Body of water: Lava Lake 440 Average hours of patrol per week: Number of weeks coverage: Estimated hours of coverage per year: 8 20 160 (6) Body of water: Little Lava Lake Average hours of patrol per week: Number of weeks coverage: Estimated hours of coverage per year: 0.25 18 (7) Body of water: Elk Lake 4.5 Average hours of patrol per week: Number of weeks coverage: Estimated hours of coverage per year: 1 16 ( 8) Body of water: Paulina Lake 16 Average hours of patrol per week: Number of weeks coverage: Estimated hours of coverage per year: 10 18 ( 9) Body of water: East Lake 180 Average hours of patrol per week: Number of weeks coverage: Estimated hours of coverage per year: 10 18 180 ( 10) Body of water: Big Deschutes River Average hours of patrol per week: Number of weeks coverage: Estimated hours of coverage per year: 10 20 ( 11) Body of water: Hosmer Lake 200 Average hours of patrol per week: Number of weeks coverage: Estimated hours of coverage per year: 1 16 16 (12) Body of water: North/South Twin Lakes Average hours of patrol per week: Number of weeks coverage: Estimated hours of coverage per year: 0.25 20 5 (13 ) Body of water: Misc. Sparks, Devil's, Three Creeks, Little Deschutes River) Average hours of patrol per week: 0.25 Number of weeks coverage: 16 Estimated hours of coverage per year: 4 * Patrol Coverage - - Total Hours of all water bodies: 1615.5 2 III. PERSONNEL Program Manager (and rank) Cpl. Neil Mackey Phone Number: Fax Number: Pager: 541-388-6503 541-617-3304 541-693-6512 Number of marine certified personnel to be assigned: 1. Seasonal: Number of Full -Time: 4 Full -Time Names: Deputy Kim Campbell Cell Number: 541-480-8481 E -Mail Address: neilm@deschutesio,v9 Blackberry: 541-948-7123 Number of Part -Time: Part -Time Tech. David Crump Deputy Tom Teaford Deputy Mike Biondi Deputy Al Maich Vol. Paul Cody Deputy Bob Wittwer Vol. Mike Stearns 2. Year Round: Number of Full -Time: Names: Full -Time Vol. Greg Spencer Vol. Rex Wolf Number of Part -Time: Part -Time 3 0 1— E co 2 a (Cash + In -Kind) >- w0 -0 >- w0 C. SUPERVISION 0 1— E co 0) 2 >w - >w - X X 0) D. MARINE PATROL 888 to) 0 1— E co 2 a. >w - >- w0 en to 0 0 1— E co 2 a >- w0 >- w0 1- 0 E 0 te; — J 0 Agency Share >: w 0 E. OVERTIME (SMB 0/T should not exeed 5% of total SMB PIS costs) 0/T Subtotal 44 co w0 5 w re co 0 .6 — J w 0 co w — J 0 1- 0 a) ui (1) (1) a) f_ a) 0 0) 0 I) c co 0) to Ce >. 0) 13 Page 4 (Add additional Pg. 4's as needed) P/S Costs are for authorized duties only. LE BUDGET J 1- 1- 2 H 2 a J 1- 1- 0. H ash + In -Kind m 2 2 R L N o- x X 0 0 D. MARINE PATROL X X J H O H E 2 0) 0 0. m 2 u) ca E 0 N 0 0 N m a) u) `o w 0 O 0 S J 0 H 2 co co tc h OIT Subtota 0 1M. L ADDITIONAL PAGE 4 LE BUDGET CO .c O 7' wcc O c 1 T. ' 7 CES AND PPLIE o o X > 2\ (5: 2 0 CO u. CL \ ■ 0 » 0 ■ } 7 w w 0 0 � 0!0- 0 ■ 0 - : / 0 & 0 ■ ■ 0 0. 0 � cu & (5 0 0▪ . 0. k LL k 0 k k co a k _ a 0 2 4.4 1- ■ 0 - 1- 0 0 0 k 1- AW: - 0 $ —2 0 0 ", _ ( a LE BUDGET 1�ti�lre�>l7ZiZe3 7_\►►�[de�3i�'>t�l►�i/_��� s K 0 op a 0 CO tO PERSONNEL COSTS >- 2 « L R co 0 0 2 ADDITIONAL PAG SERVICES & SUPPLIES TOTAL PROGRAM ESTIMATE 1- 0 1- 2 a4 ■ } �2 (i): \ 1— 47) 0@ 7 w0,: cri « «/ § Note: SMB Share/4 = Mi 2 c § a ■ 0. 0. m k $ 0 w co w O 4 a VII. ADDITIONAL AGENCY COMMENTS Submitted By: IFf-rt ra.Ti=ie cy 'T: ad or Designate and Title) Date: I .' VIII. MARINE BOARD COMMENTS Signe Date: %/Q'//i' Rev: 12108 Page 7