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HomeMy WebLinkAboutIGA - City of 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.org AGENDA REQUEST & STAFF REPORT For Board Business Meeting of June 11, 2008 Please see directions for completing this document on the next page. DATE: June 11 , 2008 FROM: Sue Brewster DCSO Legal 385-1714 TITLE OF AGENDA ITEM: Consideration of Board Signature of Intergovernmental Agreement for Law Enforcement Services, City of Sisters, Document # 2008- 236. PUBLIC HEARING ON THIS DATE? No. BACKGROUND AND POLICY IMPLICATIONS: This Intergovernmental Agreement is between Deschutes County by and through ifs Sheriffs Office and the City of Sisters for the performance of law enforcement services within its boundaries by the Sheriff. 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 calls for service, patrol in all areas of the city, traffic enforcement, criminal investigation and apprehension of criminal suspects, etc.) pursuant to the statues of the State of Oregon pertaining to health and safety violations. FISCAL IMPLICATIONS: City agrees to pay Sheriff the amounts set forth in Exhibit A (attached). In both contract years beginning July 1, 2009 and July 1, 2010, City agrees to pay an annual increase of 5% in the annual amount stated in Exhibit A. However, if in either subsequent year, the actual cost to Sheriff to provide the services required under this agreement is greater than the annual amount plus the 5% average increases, City agrees to pay the City's additional proportional cost. RECOMMENDATION & ACTION REQUESTED: Approve and sign the IGA for Law Enforcement Services, City of Sisters, Document # 2008-236. ATTENDANCE: Sheriff Larry Blanton / Captain Tim Edwards. DISTRIBUTION OF DOCUMENTS: Return signed originals to Sue Brewster for distribution. City of Sisters DESCHUTES COUNTY DOCUMENT SUMMARY (NOTE: This form is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board agenda, the Agenda Request Form is also required. If this form is not included with the document, the document will be returned to the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the County Administrator or the Commissioners. In addition to submitting this form with your documents, please submit this form electronically to the Board Secretary.) Date: Please complete all sections above the Official Review line. June 11, 2008 Contact Person: Sue Brewster Contractor/Supplier/Consultant Name: Department: DCSO Legal Phone #: 385-1714 Goods and/or Services: An Intergovernmental Agreement between Deschutes County by and through it's Sheriffs Office and the City of Sisters for the performance of law enforcement services within its boundaries by the Sheriff. 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 calls for service, patrol in all areas of the city, traffic enforcement, criminal investigation and apprehension of criminal suspects, etc.) pursuanant to the statues of the State of Oregon pertaining to health and safety violations. Background & History: Deschutes County by and through it's Sheriffs Office has had this IGA in place since at least 2002. It was renewed again in 2005 for another three years. Agreement Starting Date: July 1, 2008 Ending Date: June 30, 2011 Annual Value or Total Payment: $ 400,014 for the first year with a subsequent 5% yearly increase. Please see Exhibit A (attached) for a complete layout of costs for the period of the agreement. ❑ 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 f1 No If No, has budget amendment been submitted? ❑ Yes ❑ No Departmental Contact: Phone #: Title: Sheriff Larry Blanton/Captain Tim Edwards 317-3318 or 388-6656 Sheriff/Patrol Captain Department Director Approval: Ignature 57,30_ ova Date 5/27/2008 Distribution of Document: Include complete informs(ion if document is to be mailed. 64^ , C. c • 1 v C &4s lrvia�r� }P-U Official Review: e_ I `l%7S1 County Signature Required (check one):XBOCC ❑ Department Director (if <$25K) ❑ Administrator (if >$25K but 4150K; if >$150K, BOCC Order No. Legal Review Document Number 2c -c) 2' - z (� (nate - 7 — 5/27/2008 )IUNSE, INTERGOVERNMENTAL AGREEMENT ---� FOR LAW ENFORCEMENT SERVICES CITY OF SISTERS DOCUMENT #2008-236 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 Sheriff's 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 incidents 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: This agreement consists of this document and Exhibit A, attached hereto and fully incorporated herein by this reference. 1. DURATION 1.1. EFFECTIVE DATE. This agreement is effective July 1, 2008, and terminates at 11:59 p.m. on June 30, 2011, 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, PAGE 1 OF 5 - LAW ENFORCEMENT SERVICES (C&A/SHERIFF/IGAS/SISTERS 5/8/2008 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 amounts set forth below and as set forth in Exhibit A. Such payments shall be paid monthly, no later than the 15th of the month. In both contract years beginning July 1, 2009 and July 1, 2010, City agrees to pay an annual 5% increase in the annual amount stated above. However, if in either subsequent year, the actual cost to Sheriff to provide the services required under this agreement is greater than the annual amount plus the 5% increases, City agrees to pay the City's additional proportional cost. If the actual cost to Sheriff is less than the 5% increase, Sheriff agrees to credit the City the difference against the annual increase in the third year of this contract. The compensation adjustments to this contract will be effective July 1St of each year. Sheriff will notify City of any increase in actual costs prior to July 1St of each year. 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. PAGE 2 OF 5 - LAW ENFORCEMENT SERVICES (C&A/SHERIFF/IGAS/SISTERS) 5/5/2008 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 its contingent upon funds being appropriated therefore. Any provisions herein which would conflict with law are deemed inoperative to that extent. 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, creed, national origin, sex, marital status, 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 - LAW ENFORCEMENT SERVICES (C&A/SHERIFF/IGAS/SISTERS 5/5/2008 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 Z., day of yt.t A ,' , 2008 7 n BLAxVTON, De 'chutes County Sheriff APPROVED this day of , 2008 for the Deschutes County Board of Commissioners. MICHAEL M. DALY, Commissioner DENNIS R. LUKE, Chair TAMMY (BANEY) MELTON, Vice Chair ATTEST: Recording Secretary PAGE 4 OF 5 - LAW ENFORCEMENT SERVICES (C&A/SHERIFF/IGAS/SISTERS 5/5/2008 DATED this day of , 2008. EILEEN STEIN Ci Citr5rManager of Sisters 44, STEVE BRYANT, City of Sisters Legal Counsel CITY COUNCIL FOR THE CITY OF SISTERS, OREGON BRAD BOYD, Mayor A-'1 WILLIAM B. MERRILL, Council President SHARLENE WEED, Councilor LON KELLSTROM, Councilor SHAWNA BELL Councilor PAGE 5 OF 5 - LAW ENFORCEMENT SERVICES (C&A/SHERIFF/IGAS/SISTERS 5/5/2008 EXHIBIT A 2008 Sisters Law Enforcement Contract # 2008-236 Current Services (120 hours law enforcement per week) Division Wages 3400 Taxes/Benefits 3400 Overtime 3400 Court time 3400 Training Overtime 3400 Taxes/Benefits on Ove 3400 Total Personnel Uniforms 3400 Office Supplies 3400 Copy Mach Lease 3400 Utilities 3400 Telephone 3400 Postage 3400 Comm. (include cell -p( 3400 Computer Lines 3400 Vehicle Depreciation ( N/A Vehicle Fuel 2900 Veh maint (incd tires) 2900 Contract Services 3400 Travel 3400 Meals 3400 Other Rent -Building 3400 Total Material/Servic BOCC (new) Legal Personnel Finance Insurance County Administrative Services IT Administration Fee Total Admin fees Minor Equip Capital Expenditures Total Actual Costs % Increase from prior Contract Amount % Increase from base Difference Projected FY08-09 182,825 89,605 13,178 3,953 3,953 10,334 Projected FY09-10 195,739 95,716 14,035 4,210 4,210 10,981 Projected FY10-11 209,441 93,127 14,035 4,210 4,210 9,985 303,849 324,892 335,008 6.0% 6.9% 3.1% 2,032 2,053 2,075 2,061 2,102 2,206 277 283 288 1,509 1,539 1,570 347 353 360 231 236 240 1,247 1,272 1,298 561 572 583 22,217 23,271 23,737 8,372 8,372 8,372 1,138 1,138 1,138 139 141 144 513 523 534 116 118 120 2,121 2,163 2,206 5,718 6,004 6,304 . 48,599 50,140 51,174 0% 3% 2% 1,866 1,866 1,866 788 788 788 2,841 2,841 2,841 2,301 2,301 2,301 2,250 2,250 2,121 1,795 1,795 1,795 5,407 5,407 5,407 27,587 29,281 30,108 44,835 46,529 47,227 -6% 4% 1% 397,284 421,561 433,409 3% 6% 3% Average % increase over three years = 3.4% Current Contract Price $ 393,255 Increase $ 40,154 Contract Price $ 400,014 $ 416,015 $ 432,655 2% 4% 4% Costs do not include School Resource Officer, Substation Office Assistant, Animal Control and Investigations.