AGREEMENT. provide LAW ENFORCEMENT SERVICES. between. the CITY OF CAVE JUNCTION. and JOSEPHINE COUNTY

Transcription

1 AGREEMENT to provide LAW ENFORCEMENT SERVICES between the CITY OF CAVE JUNCTION and JOSEPHINE COUNTY

2 This AGREEMENT, made this 18 th day of July, 2005, by and between the Sheriff of Josephine County, jointly with the Josephine County Board of Commissioners, hereinafter known as AJosephine and the City of Cave Junction, an incorporated city within Josephine County, State of Oregon, hereinafter known as WHEREAS, it is the desire of the City to have law enforcement services provided for it by Josephine County for the consideration provided for herein; and WHEREAS, it is the desire of Josephine County, for the consideration stated herein, to provide services for the City; NOW, THEREFORE, in consideration for the promises and agreements contained herein, it is mutually agreed by and between the parties hereto as follows: 1. Josephine County, acting through the Josephine County Sheriff=s Office, while acting under the terms and provisions of this agreement, shall undertake to enforce the ordinances of the City and that during the term of this agreement, the City grants to the Josephine County Sheriff and his deputies full municipal police authority. 2. The term of this agreement shall be from July 1, 2005 through and including June 30, 2008, at which time the parties hereto may at their respective discretion, renegotiate for any extension of the services to be provided hereunder. 3. In consideration of the law enforcement services to be provided to the City, through the Josephine County Sheriff=s Office, the City agrees to pay the total sum of $92, for the first year, $96, for the second year, and $98, for the third year; payable in quarterly installments. The first installment shall be due and payable during September, 2005, with following installments due and payable during the last month of each calendar quarter. 4. It is further understood by and between the parties hereto that the Josephine County Sheriff is duly appointed Chief of Police/Police Commissioner; his officers to perform the duties of city police officers and assume responsibility of all police activities and enforcement of City ordinances/municipal code for the City from July 1, 2005 and to continue to furnish these services during the life of this agreement. 5. Josephine County shall furnish Deputy Sheriff patrol to the City who shall be available to the City on a weekly basis averaging 40 hours per week, including call-outs. The time when said hours shall be spent in the City shall remain flexible so the Deputy can be available at certain peak periods to meet the needs of the City. The Sheriff agrees to have the Deputy coordinate and confer with the City regarding patrol needs to determine priority issues. At a minimum, the Deputy shall meet with the City Council monthly, and whenever possible, attend each City Council meeting. Josephine County shall be obligated to provide call-out service (that which

3 Law Enforcement Agreement Page 2 requires time and one half) for life threatening emergencies or serious crimes in progress. It is understood that response to minor crimes and complaints will be dependent on available manpower. The rendering of such service, standards of performance, the discipline of officers and other matters incident to the performance of such services and control of personnel so employed shall remain under the exclusive control of the Sheriff of Josephine County. All work performed by Josephine County Sheriff=s Office Employee Association members shall be in accordance with the agreement between the Josephine County Board of County Commissioners, Josephine County Sheriff and the Josephine County Sheriff=s Office Employees Association. The City shall have the right to request, and the Sheriff will consider, replacement of any assigned officer. 6. In the event the City shall fail to perform any of the terms of this agreement, time of payment and performance being of the essence, Josephine County, at its option, subject to the requirements of notice as herein provided, shall have the right to declare this agreement null and void as of the date of the breach, shall no longer be bound to provide the services provided for herein. In addition, Josephine County shall have the right to sue for any monies due and owing at the time of breach under the terms of this agreement. 7. The City shall not be deemed in default for failure to perform any covenant or condition of this agreement, other than the failure to make payments as provided for herein, until notice of said breach or default has been given by Josephine County to the City, and the City shall have failed to remedy said default within ten (10) days after being given the notice. Notice for this purpose shall be deemed to have been given by deposit in the mail of a certified letter containing said notice and addressed to the City of Cave Junction, PO Box 1396, Cave Junction OR If the City shall fail to make payment as herein provided, and said failure shall continue for more than thirty (30) days after payment becomes due, the City shall be deemed in default, and Josephine County shall not be obligated to give the City notice of declaration of default. 9. Failure by Josephine County, at any time, to require performance by the City of any of the provisions hereof, shall in no way effect Josephine County=s rights hereunder to enforce the same, nor shall any waiver by Josephine County of any breach hereof be held to be a waiver of any succeeding breach, or a waiver of this no-waiver clause. 10. Nothing in this agreement is to be construed so as to bind Josephine County to furnish law enforcement services to the City beyond the term of the contract, it being understood by and between the parties that any extension of said service shall be the subject of a new contract to be negotiated by the parties at their discretion upon termination of the present agreement. 11. In case suit or action is instituted to enforce any of the rights of the parties hereto, the prevailing party in said suit or action shall be entitled to recover from the losing party therein,

4 such sum as the court may adjudge reasonable as attorney=s fees in the suit or action. This provision shall apply to any appeals taken by either party hereto from any suit or action instituted herein to any appellate court. 12. It is mutually agreed that either party to this agreement may terminate said agreement by giving thirty (30) days notice, in writing. The amount due to either party by the other under paragraph 3 herein, shall be prorated on a daily basis as of the date of termination. 13. When circumstances require and Josephine County requests, the City agrees to make available the office space and equipment used by the Cave Junction Police Department, for use of Josephine County at no charge, for the duration of this agreement. The City agrees to maintain the building, pay for utilities, except for telephone, and provide insurance to at least the limits of the Oregon Tort Claims Act. The City shall provide the patrol deputy with an IBM compatible lap-top computer and a cellular telephone for use during the term of this agreement. 14. Josephine County shall hold the City harmless for any claim, suit or actions arising from the Sheriff=s performance under this agreement, except where such claim, suit or action arises because the constitutionality of a city ordinance is at issue. 15. The City shall pay any additional costs incurred by Josephine County in enforcing city law enforcement ordinances, as a result of this agreement, such as towing charges, ambulance and medical fees for incidents which occur within the city limits. 16. Josephine County appoints the Sheriff or his designee and the City appoints the Mayor or his designee, who shall act as coordinating agents to provide correspondence and communications related to the administration of this agreement. 17. The Sheriff or his designee, upon receipt of input from the city, shall determine the appropriate working hours for the contract deputy assigned to the city, subject to the maximum hours (40 hours per week) as hereinafter provided. 18. Josephine County shall provide certified, full time, B.P.S.S.T. approved deputies, as defined by State Statute, to work forty (40) hours per week within the city limits. Josephine County shall make every effort to provide fully equipped patrol vehicles, that includes an integrated (dash mounted) radar speed unit for the assigned deputies. Law Enforcement Agreement Page The Sheriff or a designated representative shall submit a monthly report to the City on the Wednesday preceding the second Monday of each month.

5 CITY OF CAVE JUNCTION JOSEPHINE COUNTY SHERIFF TONY PAULSON, Mayor Date: DAVE DANIEL, Sheriff Date: CHARLES J. POLK, Recorder Date: Approved as to form: PATRICK J. KELLY STEVEN RICH