HomeMy WebLinkAboutDoc. 2009-202 Byrne Justice Assistance Grantitl
Deschutes 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 April 29, 2009
DATE: April 21, 2009
FROM: Sue Brewster, Legal Counsel, Deschutes County Sheriff's Office
Phone: 385 -1714
TITLE OF AGENDA ITEM:
Consideration and signature of Document No. 2009 -202, an intergovernmental agreement between the
City of Bend and Deschutes County for the allocation of the Byrne Justice Assistance Grant (JAG)
Program award.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
This grant is part of the American Recovery and Reinvestment Act of 2009, signed into law by
President Obama on February 17, 2009. Byrne JAG funds may be used for state and local initiatives,
technical assistance, training, personnel, equipment, supplies, contractual support, information systems
for criminal justice, and criminal justice- related research and evaluation activities that will improve or
enhance a variety of programs, including law enforcement programs, corrections and community
corrections program; and planning, evaluation and technology improvement programs. These funds
will be used to purchase equipment for the Sheriff's Office Special Operations Team: night vision
goggles, a tactical operational robot, a trailer to transport and store the robot, and a crisis response
telephone. The funds will also be used to purchase: Tasers for Deputies; a document scanning system
for the jail; and to install equipment at St. Charles Medical Center that will improve radio
communications inside the hospital for the Sheriffs Office, Bend Police Department, and Sunriver
Police Depai lnient
FISCAL IMPLICATIONS:
The City of Bend and Deschutes County are considered to be "disparate jurisdictions." As such, the
jurisdiction must identify a fiscal agent (City of Bend) that will submit a joint application for the total
eligible allocation. The total allocation from JAG is $203,009.00. The City of Bend agrees to provide
Deschutes County $101,504.50 from the JAG grant award.
RECOMMENDATION & ACTION REQUESTED:
Approval and signature of document no. 2009 -202, an intergovernmental agreement between the City
of Bend and Deschutes County for the allocation of a Byrne Memorial Justice Assistance Grant.
ATTENDANCE: Captain Marc Mills, Deschutes County Sheriff's Office
DISTRIBUTION OF DOCUMENTS:
Return signed originals to Sue Brewster, Legal Counsel at DCSO, for distribution.
DESCHUTES COUNTY DOCUMENT SUMMARY
Date: April 21, 2009 Department: DCSO
Contact Person: Sue Brewster Phone #: 385 -1714
Contractor /Supplier /Consultant Name: N/A
Goods and /or Services: Document No. 2009 -202: Intergovernmental Agreement between
the City of Bend and Deschutes County for the allocation of the Byrne Justice Assistance Grant
(JAG) Program award. The award is made in the first fiscal year of the appropriation and may
be expended during the following 3 years, for a total of 4 grant period years.
Background & History: Document No. 2009 -202: Byrne JAG funds may be used for state and
local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support,
information systems for criminal justice, and criminal justice - related research and evaluation
activities that will improve or enhance a variety of programs, including law enforcement programs,
corrections and community corrections program; and planning, evaluation and technology
improvement programs.
Agreement Starting Date: March 1, 2009 Ending Date: March 1, 2013
Annual Value or Total Payment: One -time award of $101,504.50
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 ® No
Departmental Contact: Sue Brewster
Title: County Legal
Sheriff's Approval:
Phone #: 385 -1714
r-z/ -o9
Date
Distribution of Document: Return signed originals to Sue Brewster, Legal Counsel at
DCSO, for distribution.
4/21/2009
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
2009 -202
Date j —
4/21/2009
GMS Application Number 2009-F9914-OR-
INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF BEND, OREGON AND THE COUNTY OF
DESCHUTES, OREGON
2009 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD
This Agreement is made and entered into this day of , 2009, by and between the COUNTY
of Deschutes, a political subdivision of the State of Oregon, hereinafter referred to as COUNTY, and the
CITY of Bend, acting by and through its governing body, the Bend City Council, hereinafter referred to as
CITY, both located in Deschutes County, State of Oregon.
Recitals:
WHEREAS, Oregon Revised Statutes, Chapter 190 allows local governments in Oregon to enter into
Intergovernmental Agreements; and
WHEREAS, Each governing body, in performing governmental functions or in paying for the performance
of governmental functions under this agreement, shall make that performance or those payments from
current revenues legally available to that party from the proceeds of the JAG grant, and not from any other
source; and
WHEREAS, COUNTY and CITY find that the performance of this Agreement is in the best interests of
both parties, that the undertaking will benefit the public, and that the division of costs fairly compensates
the performing party for the services or functions under this agreement; and
WHEREAS, the CITY agrees to provide the COUNTY $101,504.50 from the JAG award for the County
to purchase equipment for its department; and
WHEREAS, the COUNTY and CITY believe it to be in their best interests to reallocate the JAG funds as
provided herein.
NOW THEREFORE, the COUNTY and CITY agree as follows:
Section 1.
CITY agrees to pay COUNTY a total of $101,504.50 of JAG funds within 30 days of receiving said funds.
Section 2.
COUNTY agrees to use $101,504.50 for the Deschutes County Sheriff's Office to purchase equipment
until the amount has been expended prior to the three (3) year expiration period set out in the JAG award.
Section 3.
Each party to this Agreement will be responsible for its own actions in providing services under this
agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by
the other party or for other actions of the other party in connection with this agreement.
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1J0CutAE )T G --,20a
GMS Application Number 2009- F9914 -OR -SB
Section 4.
By entering into this Agreement, the parties do not intend to create any obligations, express or implied,
other than those set out herein; fiuther, this Agreement shall not create any rights in any party not a
signatory hereto.
Section 5.
Neither COUNTY nor CITY is, by virtue of this Agreement, a partner or joint venture with the other in
connection with activities carried out under this agreement, and neither party shall have any obligation with
respect to the other's debts or any other liabilities of any kind or nature except as specifically provided
herein.
Section 6.
The term of this agreement is three years from the date of execution, unless terminated by mutual
agreement of the parties.
Section 7.
CITY designates Bend Police Department Chief Sandi Baxter to represent CITY in all matters pertaining to
administration of this Agreement.
COUNTY designates Sheriff Larry Blanton to represent COUNTY in all matters pertaining to
administration of this Agreement.
Any notice or notices provided for by this Agreement or by law to be given or served upon either party
shall be given or served by certified letter, deposited in the U.S. mail, postage prepaid, and addressed to:
Sandi Baxter
Chief of Police
Bend Police Department
555 NE 15th Street
Bend Oregon 97701
CITY OF BEND
Larry Blanton
Deschutes County Sheriff
63333 W Highway 20
Bend Oregon 97701
APPROVED this day of , 2009 for the City of Bend.
Kathie E. Eckman, Mayor
Sandi Baxter, Chief of Police
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GMS Application Number 2009- F9914 -OR -SB
DESCHUTES COUNTY, OREGON
APPROVED this day of , 2009 for the Deschutes County Board of
Commissioners.
Tammy Baney, Chair
Dennis R. Luke, Commissioner
Alan Unger, Commissioner
ATTEST:
Recording Secretary
tori'beschutes County Sheriff
APPROVED AS TO FORM:
County Council Kimberly Morse, Grant Manager
City Attorney
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