Loading...
Res 1791 - Gand Reduction Grant COUNCIL BILL NO. 2568 RESOLUTION NO. 1791 A RESOLUTION ENTERING INTO AN INTERGOVERNMENTAL AGREEMENT WITH MARION COUNTY THROUGH ITS JUVENILE DEPARTMENT FOR THE ADMINISTRATION OF A STATE GANG REDUCTION GRANT AND AUTHORIZING THE CITY ADMINISTRATOR TO SIGN SAID AGREEMENT. WHEREAS, in March 2005, the Woodburn Police Department in conjunction with the Marion County Juvenile Department was awarded a state gang reduction grant in the amount of $16,482.00; and WHEREAS, in order the spend the money from this grant, it is necessary to enter into an intergovernmental agreement with Marion County; and WHEREAS, under the intergovernmental agreement, the City will provide police officers and vehicles to participate in community surveillance teams that focus on gang-related activities in conjunction with the staff of the Marion County Juvenile Department; and WHEREAS, under the intergovernmental agreement, the City will also collect and share information related to suspected gang activity through the Marion County Juvenile Department's CRIS information tracking system; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into an Intergovernmental Agreement with the Marion County through its Juvenile Department for the administration of a state gang reduction grant. Section 2. That a copy of said Agreement in substantially final form is affixed to this Resolution as Attachment II A" and is by this reference incorporated herein. Section 3. That the City Administrator of the City of Woodburn is hereby authorized to sign said Agreement on behalf of the City of Woodburn in substantially the form attached. Page 1 - Council Bill No. 2568 Resolution No. 1791 - T Passed by the Council Submitted to the Mayor Approved by the Mayor April , Apri 1 13, April 13. April 13. 2005 Approved as to form:~ ~ City Attorney Filed in the Office of the Recorder ATTEST: fY\~~+ Mary Tehhant City Recorder City of Woodburn, Oregon Page 1 - Council Bill No. 2568 Resolution No. 1791 11' EXHIBtT (\ page...t-- of t5 INTERGOVERNMENTAL AGREEMENT 1. PARTIES TO AGREEMENT This Agreement between CITY OF WOODBURN, hereafter called CITY, and Marion County, a political subdivision of the state of Oregon, hereafter called COUNTY, is made pursuant to ORS 190.010 (Cooperative Agreements). 2. PURPOSE/STATEMENT OF WORK The purpose of this Agreement is to establish the terms and conditions under which CITY will provide law enforcement services to COUNTY. These services are further described in section 5.1 of this agreement. 3. TERM AND TERMINATION 3.1 This Agreement shall be effective for the period commencing with the date of signing by CITY and ending on June 30, 2005 unless sooner terminated or modified as provided herein. 3.2 Any modifications in the terms of such amendment shall be in writing. 3.3 This agreement may be terminated by mutual consent of both parties at any time or by either party upon 30 days notice in writing and delivered by mail or in person. Any such termination of this agreement shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination. 3.4 COUNTY may terminate this agreement effective upon delivery of written notice to CITY or at such later date as may be established under any of the following conditions: a. If funding from federal, state, or other sources is not obtained or continued at levels sufficient to allow for the purchase of the indicated quantity of services. This agreement may be modified to accommodate a reduction in funds. b. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this agreement or are no longer eligible for the funding proposed for payments authorized by this agreement. c. If any license, certificate, or insurance required by law or regulation to be held by CITY to provide the services required by this agreement is for any reason denied, revoked or not renewed. Page 1 T EXHIBIT 0 Page -+- of g d. If CITY fails to provide services called for by this agreement within the time specified herein or any extension thereof. e. If CITY fails to perform any of the provisions of this agreement or so fails to pursue the work as to endanger the performance of this agreement in accordance with its terms and after written notice from COUNTY, fails to correct such failure(s) within ten (10) days or such longer period as the COUNTY may authorize. 3.4 Any such termination of this agreement shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination. 4. FUNDING AND BILLING 4.1 The total amount paid under this contract shall not exceed $16,482. Payments under this contract shall be made on a cost reimbursement basis, for community surveillance in conjunction with the Marion County Juvenile Department. 4.2 Requests for payment shall be submitted to the COUNTY by May 10, 2005 for the months of March and April, June 10,2005 for the month of May, and July 10, 2005 for the month of June, to the attention of Larry Oglesby, Juvenile Department Director, at the following address: 3030 Center St. NE, Salem, Oregon 97301. 5. OBLIGATIONS UNDER THE TERMS OF THIS AGREEMENT 5.1 UNDER THE TERMS OF THIS AGREEMENT, CITY SHALL: 1. Provide police officers to participate in community surveillance teams that focus on gang-related activities, in conjunction with staff of the Marion County Juvenile Department. Activities will include accompanying juvenile department personnel who visit the homes of youth on probation, as well as visiting other locations where gang activity is suspected to occur. 2. Provide police vehicles for activities listed in #1 above, including transporting youth found in violation of their probation to the Marion County Juvenile Department. 3. Collect and share information related to suspected gang activity through the Marion County Juvenile Department's CRIS information tracking system in addition to other means available to Contractor. Page 2 T EXHIBIT f\ ~ Page -+-- of - 5.2 UNDER THE TERMS OF THIS AGREEMENT, COUNTY SHALL: 1. Provide general supervision of the community visitation program, including scheduling county staff, identifying the locations for the team to visit, coordinating schedules with CITY police personnel and other logistical needs the program requires. 2. Provide access to the CRIS information collection and retrieval system to CITY police personnel in support of the program goals. Enter information into the CRIS system to assist law enforcement personnel in identifying suspected gang activity and persons engaging in such behavior. 6. COMPLIANCE WITH APPLICABLE LAWS The parties agree that both shall comply with all federal, state, and local laws and ordinances applicable to the work to be done under this agreement. The parties agree that this agreement shall be administered and construed under the laws of the state of Oregon. 7. NONDISCRIMINATION The parties agree to comply with all applicable requirements of Federal and State civil rights and rehabilitation statutes, rules and regulations in the performance of this agreement. 8. HOLD HARMLESS To the extent permitted by law, County agrees to indemnify, defend, and hold City, its officers, agents, and employees, harmless from any and all claims, actions, liability or costs including attorney fees and other costs of defense, arising out of or in any way related to this Agreement, and arising from the sole negligence of County, its agents, employees and officers. To the extent permitted by law, City agrees to indemnify, defend, and hold County, its officers, agents, and employees, harmless from any and all claims, actions, liability or costs including attorney fees and other costs of defense, arising out of or in any way related to this Agreement, and arising from the sole negligence of City, its agents, employees and officers. 9. INSURANCE City and County shall at all times keep in effect during the duration of this Agreement comprehensive liability insurance covering each respective party's Page 3 ..... .". EXHIBl1 fA <' Page -1A- of - own acts and omissions under this Agreement. The parties may satisfy these requirements in any manner allowed by ORS 30.270. Such liability insurance, whatever the form, shall be in an amount not less than the limits of public body tort liability specified in ORS 30.270. 10. MERGER CLAUSE I Parties concur and agree that thi agreement constitutes the entire agreement between the parties. No waiver, consent, modification or change to the terms of this agreement shall bind either arty unless in writing and signed by both parties. There are no understan ings, agreements, or representations, oral or written, not specified herein rega ding this agreement. Parties, by the signatures below of their authorized repres ntatives, hereby agree to be bound by its term and conditions. 11 . NOTICES Any notice required to be given tlTY or COUNTY under this Agreement shall be sufficient if given, in writing, by first class mail or in person as follows: For CITY: For COUNTY: Scott Russell, Chief Woodburn Police Department 270 Montgomery St. Woodburn, OR 97071 Larry Oglesby, Director Marion County Juvenile Department 3030 Center St. NE Salem, OR 97301 Page 4 'J EXHIB\T (\ Page~ of 5 SIGNATURES This agreement and any changes, alterations, modifications, or amendments will be effective when approved in writing by the authorized representative of the parties hereto as of the effective date set forth herein. In witness whereof, the parties hereto have caused this agreement to be executed on the date set forth below. FOR: CITY OF WOODBURN FOR: COUNTY Dept Head Signature Date Signature Date Title APPROVED AS TO FORM: Marion County Legal Counsel Date Marion County Contracts Date BOARD OF COMMISSIONERS Chair Commissioner Commissioner Date: Page 5 I