MEMORANDUM OF UNDERSTANDING-SKIATOOK POLICE DEPARTMENT

Transcription

1 TULSA COUNTY PURCHASING DEPARTMENT MEMO DATE: MAY 27, 2015 FROM: ~~ TO: SUBJECT: BOARD OF COUNTY COMMISSIONERS MEMORANDUM OF UNDERSTANDING-SKIATOOK POLICE DEPARTMENT SUBMITI ED FOR YOUR APPROVAL AND EXECUTION IS THE ATTACHED MEMORANDUM OF UNDERSTANDING BETWEEN THE BOARD OF COUNTY COMMISSIONERS ON BEHALF OF THE TULSA COUNTY SHERIFF S OFFICE AND SKIATOOK POLICE DEPARTMENT. TULSA COUNTY SHERIFF S OFFICE HAS OBTAINED A GRANT FROM THE OKLAHOMA DEPARTMENT OF MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES. THIS MEMORANDUM SERVES FOR THE INVESTIGATION AND PROSECUTION OF RETAILERS SELLING ALCOHOLIC BEVERAGES TO MINORS. RESPECTFULLY SUBMITTED FOR YOUR APPROVAL AND EXECUTION. LRD arh ORIGINAL: COPIES: PAT KEY, COUNTY CLERK, FOR THE JUNE 1, 2015 AGENDA. COMMISSIONER JOHN M. SMALIGO COMMISSIONER KAREN KEITH COMMISSIONER RON PETERS STANLEY GLANZ, SHERIFF MICHAEL WILLIS, CHIEF DEPUTY VICKI ADAMS, CHIEF DEPUTY Form 4363 (Rev. 4-98>

2 2M2L Memorandum of Understanding CFDA This Memorandum of Understanding (MOU) is made and entered into by and between the Skiatook Police Department and the Board of County Commissioners of Tulsa County ( BOCC ) on behalf of the Tulsa County Sheriffs Office ( TCSO ). I. Scope of Project The Tulsa County Sheriffs Office has obtained a grant from the Oklahoma Department of Mental Health and Substance Abuse Services for the investigation and prosecution of retailers selling alcoholic beverages to minors. As part of the grant, TCSO has partnered with the other local law enforcement agencies with the commitment to increase the safety of our youth through the reduction of illegal alcohol sales and underage drinking activity throughout Tulsa County. This reduction will be realized by the application of specific targeted resources towards the investigation and prosecution of underage sales and reduce underage access to alcohol. II. Term A. The parties agree that the contract term shall be from the date of execution of this MOU through September 30, Renewal of this MOU will be considered only if continued grant funding is awarded to TCSO in subsequent years by the Department of Mental Health. B. Any other provision notwithstanding, in event of failure of either party to appropriate adequate and sufficient funds to fulfill their obligations under this MOU during any fiscal year of the parties, this MOU shall be null and void without further action by either party. (Okl.Const.art.,l0, 26). C. Either party may terminate this MOU anytime during the term of the MOU by giving thirty (30) days written notice to the other party. Notice of termination shall conform to the requirements of Section III of this MOU Roles and Responsibilities Tulsa County Sheriffs Office TCSO will serve as the Administrator of the grant funds. TCSO will prepare, with assistance as needed from the Skiatook Police Department all programmatic and fiscal reports due under the guidelines of the grant. TCSO will act as the lead agency in regards to the development and the administration of the multi-jurisdictional 2M2L task force.

3 TCSO will reimburse Skiatook for allowable grant expenses. This reimbursement will conform to the requirements specified in Section VI, of this MOU. TCSO agrees to produce at least three (3) press releases. TCSO agrees to provide one (1) supervisor, Sergeant Randy Chapman, , to oversee the daily activities of the task force. B. Skiatook Police Department Skiatook agrees to schedule their officers overtime hours. Skiatook agrees to participate in one (1) saturation patrol operation during high consumption times. Skiatook agrees to participate in at least one (1) party patrol/dispersal operation. Skiatook agrees to provide their participating officers with a vehicle, fuel, and related maintenance for the duration of the task force. Skiatook agrees to recognize the Department of Mental Health and Substance Abuse Services in any statement to the press. Skiatook agrees to allow TCSO grant coordinator access to any records or audits pertaining to these funds. Skiatook agrees to obtain a signed waiver from any volunteers participating in 2M2L activities, including parent s consent if volunteer is underage and to keep waivers on file. Skiatook agrees to abide by the guidelines established for this grant by the Department of Mental Health and by any applicable state or federal laws that govern the use of grant funds. IV. Contract Administration Each party shall designate a representative who shall be responsible of for the regular administration of this MOU. Any notice, communication, consent or other writing given regarding this MOU shall be delivered either personally or by mail, postage prepaid, to the other party through their designated representative, as may be specified by notice in compliance with this section. The parties initial designated representatives shall be as follows: A. Skiatook s Designated Representative: Chief James Dean P.O. Box 399 Skiatook, OK A. TCSO s Designated Representative: Jeff Brown, Grant Coordinator 303 W. 1st Street

4 Tulsa, Oklahoma For the purposes of this MOU, any writing shall be deemed received upon actual receipt. V. Independent Contractor Relationship TCSO and Skiatook acknowledge that Skiatook s relationship to TCSO under this MOU is one of an independent contractor and neither party shall be responsible for the debts, obligations or liabilities of the other. VI. Compensation and Method of Payment TCSO agrees to disburse to Skiatook as compensation for the services, the cost for the salary, at the rate of time and one half. TCSO will also reimburse FICA benefits, for the law enforcement officers employed as part of this MOU from the date of execution through September 30,2015, not to exceed $10, Skiatook will an invoice no later than the 3rd of every month. Appropriate su~porting documentation will be mailed to the Sheriff s Office no later than the 10 of each month detailing the costs for the previous month. TCSO will process the invoice and submit it for reimbursement by the 5th of each month. TCSO will then process those funds for payment to Skiatook. VII. Entirety of Agreement This writing shall constitute the entire MOU between Skiatook and TCSO. If any terms of this MOU shall be declared invalid or unenforceable in any court of competent jurisdiction, such terms shall be stricken from this MOU. Such invalidity or unenforceabiity shall not extend to any other terms of this MOU and any remaining terms shall continue in full force and effect, to the extent permitted by law. VIII. Amendments This MOU shall not be modified, altered or amended except as agreed to by Skiatook and TCSO in writing, properly executed by each party s contracting authority. In evidence of the parties agreement to the terms and conditions stated above, the signatures below are affixed. X. Indemnity Skiatook agrees to indemnify and hold harmless the Tulsa County Sheriff s Office and the Board of County Commissioners subject to the limitations of liability provided in the governmental Tort Claims Act for any and all claims arising as a result of actions and/or activities performed as part of the grant program.

5 XI. Record Maintenance This section specifies the records to be maintained by both Skiatook and TCSO during the life of this contract: A. TCSO 1. All records required by the grant guidelines which fund the positions for the multi-jurisdictional 2M2L task force. These records include, but are not limited to, all financial records, including monthly and quarterly reports, grant correspondence, and any required programmatic reports. These records will be kept within the master grant file for this grant program. 2. All investigative records of cases worked by the deputies assigned to the task force. B. Skiatook 1. All payment records for the individuals assigned to the grant. 2. All investigative records of cases worked by the officer assigned to the task force. 3. A copy of all monthly report records sent to TCSO. IN WITNESS WHEREOF said parties have caused this Agreement to be executed in their behalf as of the date indicated below.

6 Dan Yancey, City ManagerW City of Skiatook Date John Smaligo, Chairman Board of County Commissioners Tulsa County Date CT ATTORNEY