HomeMy WebLinkAboutDoc 397 - Law Enf - 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 July 22, 2009
DATE: July 6, 2009
FROM: Sue Brewster Department: Sheriff's Office Phone # 385 -1714
TITLE OF AGENDA ITEM:
Consideration of Board Signature of Document No. 2009 -397, 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 $142,433 and the Sheriff's Office is paying $46,296 for a total of $188,729 in :he
2009/2010 budget year for this program.
RECOMMENDATION & ACTION REQUESTED:
Sign Document No. 2009 -397, the annual Boating Safety and Law Enforcement Services agreemei t
between the Sheriff's 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 Sheriff's Office.
DESCHUTES COUNTY DOCUMENT SUMMARY
Date: July 6, 2009 Department: Sheriff's Office
Contractor /Supplier /Consultant Name: N/A
Contractor Contact: Contractor Phone #:
Type of Document: Intergovernmental Agreement, No. 2009 -397, between 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 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
Sheriffs 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, 2009 Ending Date: June 30, 2010
Annual Value or Total Payment: The State funding is $142,433 and the Sheriff's Office is
paying $46,296 for a total of $188,729 in the 2009/2010 budget year.
Insurance Certificate Received (check box)
Insurance Expiration Date:
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
Is this a Grant Agreement providing revenue to the County? ❑ Yes ® No
Special conditions attached to this grant:
Deadlines for reporting to the grantor:
7/1/201 '9
If a new FTE will be hired with grant funds, confirm that Personnel has been notified that it is a
grant- funded position so that this will be noted in the offer letter: ❑ Yes ❑ No
Contact information for the person responsible for grant compliance: Name:
Phone #:
Departmental Contact and Title: Sue Brewster, Legal Counsel, Sheriff's Office
Phone #: 385 -1714
Sheriff's Approval:
7-8-c7t
gnature 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 M : & ! .
Document Number 2009 -397
' Lk) r Date
o `2j
711/201 9
REVIEWED
LEGAL COUNSEL.
Contract
Boating Safety and Law Enforcement Services
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 MSL
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 09/10 Marine Safety and Law Enforcement Program ( "Program ") budget, which i
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 tire
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/sc cool
education safety programs (minimum: "Aqua Smart" program to second grade students countywide).
C. CONTRACTING PERIOD
This contract shall be effective from July 1, 2009, through June 30, 2010.
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 $127,802 $ 6,240
Services and Supplies $ 14,631 $40,056
Sub -Total $142,433 $46,296
Program Grand Total $188,729
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 offici;
no later than July 31 immediately following the conclusion of the contract period (unless otherwise advised).
F. GENERAL PROVISIONS
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 st.te
income tax deductions, workers' compensation coverage, and contributions to the Public Employees Retiremena
System. Any wages, salaries or reimbursements made to employees of the CONTRACTING PARTY shall be 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, onl
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.
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. Tl e
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 th s
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 final
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.
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 identity
the CONTRACTING PARTY'S program as a candidate for audit and may place the CONTRACTING PARTY'-
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 B1ND 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 97309
Director /Assistant Director
6 -/6 -09
Date
5
DESCHUTES CO. SHERIFF'S OFFICE
Titl
7- "°q1
Date
Dated this day of , 2009
BOARD OF COUNTY COMMISSIONERS
Tammy Baney, Chair
Dennis R. Luke, Vice Chair
Alan Unger, Commissioner
ATTEST:
Recording Secretary