Loading...
HomeMy Public PortalAboutPacket_City Council Special Meeting_07112019 City Council Special Meeting July 11, 2019 Tab A Agenda Tab B BCSO Proposed Contracts Tab C Public Written Comments TAB A City of Iona Special City Council Meeting NOTICE IS HEREBY GIVEN, that the Iona City Council will convene a Special Council Meeting. The meeting will be held on Thursday, July 11, 2019, at the hour of 6:00 p.m. at the Iona City Building, located at 3548 N. Main Street, Iona, Idaho. Agenda: 1. Welcome 2. Pledge of Allegiance 3. Items of Business a. Discussion of Bonneville County Sheriff’s Office Contract 4. ADJOURNMENT Posted this 5th day of July, 2019 TAB B Law Enforcement Contract Page 1 LAW ENFORCEMENT AND ANIMAL CONTROL AGREEMENT THIS AGREEMENT, entered into this __________ day of _____________, 2018, by and between BONNEVILLE COUNTY, a political subdivision of the State of Idaho, (the "County") and the CITY OF IONA, a municipal corporation of the State of Idaho located within Bonneville County, (the "City"). WITNESSETH WHEREAS, the City has authority under Idaho Statutes to enforce State penal laws and local ordinances, including those violations of which constitute a public offense within the City including the enforcement of ordinances of the City; and WHEREAS, the County Sheriff has the duty under Idaho statutes to enforce State laws, including those the violation of which constitute a public offense, in all areas of the County, including violations occurring within corporate limits of the City of Iona; and WHEREAS, the City has authority to contract with the County to provide law enforcement services within the City; and WHEREAS, the City has determined that the County can provide law enforcement services within the City at a cost more economical to the City than if the City provides its own law enforcement services; and WHEREAS, the County has on staff trained and competent personnel for adequate police protection and is willing to assume and provide the law enforcement services within the City of Iona; and WHEREAS, the parties have deemed it to be to the mutual interest of the County and City to have the County assume the law enforcement duties and the police protection for the City of Iona. NOW, THEREFORE, it is hereby agreed by and between the parties as follows: 1. Police Protection. The County by the execution of this agreement is hereby authorized and shall assume the non-exclusive responsibility for the protection and law enforcement of the City of Iona, together with its responsibilities in other areas of Bonneville County and with concurrent jurisdiction within the City with the Idaho State Police. The County agrees to enforce all criminal and penal ordinances of the City as directed by the Mayor or other designated official of the City, when the Iona law enforcement officer is not on duty. Law Enforcement Contract Page 2 2. Animal Control. The County shall assume the exclusive responsibility for animal control protection of the City of Iona, together with its responsibilities in other areas of Bonneville County and with concurrent jurisdiction within the City with the Idaho State Police. The County agrees to enforce ordinances of the City as directed by the Mayor or other designated official of the City, excluding animal kennel licensing and other non-enforcement related ordinances. 3. Equipment. Unless otherwise noted in this agreement, Bonneville County shall furnish at its own expense all automotive vehicles and all law enforcement and police equipment, supplies, and materials necessary for county officers to provide adequate police protection and enforcement within the City. 4. Services. Base coverage is in each option which includes 24 hour coverage for calls for service and regular random patrol from BCSO on shift patrol. This includes investigations, follow up and special team call outs. This contract is for base coverage plus a full time officer. Bonneville County will make Iona calls a priority and follow the calls for service priority dispatch for general calls of service. The County will manage, supervise and maintain the full time/part time Iona personnel. The shifts, time worked and priority of work will be determined with communication and input from the City of Iona for scheduling and duties. The County will maintain routine patrol operations in the City and include Iona in general law enforcement information sharing and case management for investigations etc. Bonneville County will provide a weekly report for Iona and meet with the Council monthly as needed. BCSO will not bill for services above basic coverage when the service is not provided. If the full time personnel for Iona are not in place, the service will not be billed. This excludes normal work absences for training, vacation etc. This policy also applies to additional shifts built into contract options such as overtime patrols etc. Short term agreements for alternate services such as a temporary assignment or overtime patrols for the extra coverage is allowed under the contract. These items will be agreed upon between the Mayor and Sheriff or the designees in written or written electronic form. 5. Term. This agreement shall become effective on October 1, 2019, and shall continue in force and effect through and including September 30, 2020, constituting a one year period. Law Enforcement Contract Page 3 6. Personnel. The County shall furnish sufficient personnel for such police and law enforcement and Animal Control services in the City of Iona, and such personnel shall be under the direction of Bonneville County; provided, however, that these persons shall be responsible for responding to and enforcing violations of City ordinances as requested by the Mayor or other designated official of the City. The County shall pay all salaries and benefits of such personnel, including PERSI, unemployment compensation or other withholdings and deductions required or allowed by law and the City shall have no responsibility whatsoever with respect thereto. The County further agrees to obtain and maintain police professional liability insurance and automobile liability insurance coverage in such amounts and upon such terms as it deems appropriate, provided the County will obtain an endorsement on such policies naming the City as an additional insured thereon. 7. Records and Reporting. The County shall furnish the City with a written summary of its activities incurred hereunder for each month, which shall be submitted on or before the third Monday of the following month during the term of this agreement. At the request of the Mayor of Iona, personnel from the Sheriff's Office shall report in person to the City of Iona, City Council for a monthly meeting. 8. Compensation. The City shall pay to the County as compensation for the services to be herein rendered for the term as stated, the sum of $212,000 (two hundred and twelve thousand dollars) allocated as follows: Law Enforcement $212,000 Further, the City agrees to share traffic and criminal fine revenue paid to the City by any C ourt of Law at twenty-five percent (25%) to the City of Iona and seventy-five percent (75%) to the Bonneville County Sheriff’s Office on citations issued by Bonneville County Sheriff Deputies within the city limits of the City of Iona, as determined from official records of the Court(s), invoiced by the County on a quarterly basis. Notwithstanding the foregoing, in the event any assessment is made against the City pursuant to Idaho Code §1-2218, then and in such event, the seventy-five percent (75%) share of the County in such revenue shall be reduced by any amounts assessed to and paid by the City during any calendar quarter preceding the date of the quarterly payment set forth below. The amounts of the stated compensation herein set forth shall be paid by the City to the County in quarterly payments, with the first payment due on the 31st day of Law Enforcement Contract Page 4 December, 2019, and the subsequent payments due on March 31, 2020, June 30, 2020, and September 30, 2020. Each quarterly payment will be for 25% of the total compensation value of the contract. 9. Renewal and Extension. This agreement may be renewed or extended for additional periods of time by written endorsement hereon or by letter with reference to this agreement extending or renewing the contract for an additional term. Should there be any desire to not renew the contract, the party so desiring shall give notice to the other on or before March 1st of the current fiscal year. In the event of any renewal or extension hereto, the parties shall jointly agree upon and modify, if necessary, the compensation amounts as set forth in paragraph 8. 10. Fines and Forfeitures. All citations, complaints and prosecutions for non- felony crimes or violations shall be issued in accordance with the statutes of the State of Idaho, or ordinances of the City of Iona, if applicable, and shall be processed in the Magistrate Court of Bonneville County. All fines, penalties and forfeitures paid or received under the provisions of any City ordinances shall be paid unto the City Treasury pursuant to the provisions of Section 50-1015 of the Idaho Code. The City Treasurer shall report to the County on a quarterly basis, all fines paid to the City, from any Court(s). 11. Independent Contractor. The County shall perform this agreement and the responsibilities enumerated hereunder as an independent contract; and the County, the Sheriff's Office, and the law enforcement officers shall not be considered agents or employees of the City of Iona. 12. Indemnification. The County agrees to indemnify and hold harmless the City against any and all liability for injury, including loss of life, to any person and for damage to, or loss of, the property of any person arising from any act or omission on the part of the County, its officials, Sheriff, or other law enforcement personnel in connection with providing animal control, police protection and law enforcement within the City. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed, through duly enacted resolution of the governing bodies of both parties, the day and the year first above written. ATTEST BONNEVILLE COUNTY Law Enforcement Contract Page 5 _________________________________ ____________________________________ PENNING MANNING ROGER CHRISTENSEN, Chairman Bonneville County Clerk Board of Commissioners ____________________________________ PAUL J. WILDE Sheriff ATTEST CITY OF IONA __________________________________ ____________________________________ Iona City Clerk Mayor LAW ENFORCEMENT AND ANIMAL CONTROL AGREEMENT THIS AGREEMENT, entered into this day of 2018, by and between BONNEVILLE COUNTY, a political subdivision of the State of Idaho, (the "County") and the CITY OF IONA, a municipal corporation of the State of Idaho located within Bonneville County, (the "City"). WITNESSETH WHEREAS, the City has authority under Idaho Statutes to enforce State penal laws and local ordinances, including those violations of which constitute a public offense within the City including the enforcement of ordinances of the City; and WHEREAS, the County Sheriff has the duty under Idaho statutes to enforce State laws, including those the violation of which constitute a public offense, in all areas of the County, including violations occurring within corporate limits of the City of Iona; and WHEREAS, the City has authority to contract with the County to provide law enforcement services within the City; and WHEREAS, the City has determined that the County can provide law enforcement services within the City at a cost more economical to the City than if the City provides its own law enforcement services; and WHEREAS, the County has on staff trained and competent personnel for adequate police protection and is willing to assume and provide the law enforcement services within the City of Iona; and WHEREAS, the parties have deemed it to be to the mutual interest of the County and City to have the County assume the law enforcement duties and the police protection for the City of Iona. NOW, THEREFORE, it is hereby agreed by and between the parties as follows: 1. Police Protection. The County by the execution of this agreement is hereby authorized and shall assume the non-exclusive responsibility for the protection and law enforcement of the City of Iona, together with its responsibilities in other areas of Bonneville County and with concurrent jurisdiction within the City with the Idaho State Police. The County agrees to enforce all criminal and penal ordinances of the City as directed by the Mayor or other designated official of the City, when the Iona law enforcement officer is not on duty. Law Enforcement Contract Page 1 2. Animal Control. The County shall assume the exclusive responsibility for animal control protection of the City of Iona, together with its responsibilities in other areas of Bonneville County and with concurrent jurisdiction within the City with the Idaho State Police. The County agrees to enforce ordinances of the City as directed by the Mayor or other designated official of the City, excluding animal kennel licensing and other non -enforcement related ordinances. 3. Equipment. Unless otherwise noted in this agreement, Bonneville County shall furnish at its own expense all automotive vehicles and all law enforcement and police equipment, supplies, and materials necessary for county officers to provide adequate police protection and enforcement within the City. 4. Services. Base coverage is in each option which includes 24 hour coverage for calls for service and regular random patrol from BCSO on shift patrol. This includes investigations, follow up and special team call outs. This contract is for base coverage plus 750 hours of directed patrol without a full time officer. Bonneville County will make Iona calls a priority and follow the calls for service priority dispatch for general calls of service. The County will manage, supervise and maintain the full time/part time Iona personnel. The shifts, time worked and priority of work will be determined with communication and input from the City of Iona for scheduling and duties. The County will maintain routine patrol operations in the City and include Iona in general law enforcement information sharing and case management for investigations etc. Bonneville County will provide a weekly report for Iona and meet with the Council monthly as needed. BCSO will not bill for services above basic coverage when the service is not provided. If the full time personnel for Iona are not in place, the service will not be billed. This excludes normal work absences for training, vacation etc. This policy also applies to additional shifts built into contract options such as overtime patrols etc. Short term agreements for alternate services such as a temporary assignment or overtime patrols for the extra coverage is allowed under the contract. These items will be agreed upon between the Mayor and Sheriff or the designees in written or written electronic form. 5. Term. This agreement shall become effective on October 1, 2019, and shall continue in force and effect through and including September 30, 2020, constituting a one year period. Law Enforcement Contract Page 2 6. Personnel. The County shall furnish sufficient personnel for such police and law enforcement and Animal Control services in the City of Iona, and such personnel shall be under the direction of Bonneville County; provided, however, that these persons shall be responsible for responding to and enforcing violations of City ordinances as requested by the Mayor or other designated official of the City. The County shall pay all salaries and benefits of such personnel, including PERSI, unemployment compensation or other withholdings and deductions required or allowed by law and the City shall have no responsibility whatsoever with respect thereto. The County further agrees to obtain and maintain police professional liability insurance and automobile liability insurance coverage in such amounts and upon such terms as it deems appropriate, provided the County will obtain an endorsement on such policies naming the City as an additional insured thereon. 7. Records and Reporting. The County shall furnish the City with a written summary of its activities incurred hereunder for each month, which shall be submitted on or before the third Monday of the following month during the term of this agreement. At the request of the Mayor of Iona, personnel from the Sheriffs Office shall report in person to the City of Iona, City Council for a monthly meeting. 8. Compensation. The City shall pay to the County as compensation for the services to be herein rendered for the term as stated, the sum of $159,000 (one hundred and fifty nine thousand dollars) allocated as follows: Law Enforcement $159,000 Further, the City agrees to share traffic and criminal fine revenue paid to the City by any Court of Law at twenty-five percent (25%) to the City of Iona and seventy-five percent (75%) to the Bonneville County Sheriffs Office on citations issued by Bonneville County Sheriff Deputies within the city limits of the City of Iona, as determined from official records of the Court(s), invoiced by the County on a quarterly basis. Notwithstanding the foregoing, in the event any assessment is made against the City pursuant to Idaho Code § 1-2218, then and in such event, the seventy-five percent (75%) share of the County in such revenue shall be reduced by any amounts assessed to and paid by the City during any calendar quarter preceding the date of the quarterly payment set forth below. The amounts of the stated compensation herein set forth shall be paid by the City to the County in quarterly payments, with the first payment due on the 31 st day of Law Enforcement Contract Page 3 December, 2019, and the subsequent payments due on March 31, 2020, June 30, 2020, and September 30, 2020. Each quarterly payment will be for 25% of the total compensation value of the contract. 9. Renewal and Extension. This agreement may be renewed or extended for additional periods of time by written endorsement hereon or by letter with reference to this agreement extending or renewing the contract for an additional term. Should there be any desire to not renew the contract, the party so desiring shall give notice to the other on or before March 1st of the current fiscal year. In the event of any renewal or extension hereto, the parties shall jointly agree upon and modify, if necessary, the compensation amounts as set forth in paragraph 8. 10. Fines and Forfeitures. A11 citations, complaints and prosecutions for non - felony crimes or violations shall be issued in accordance with the statutes of the State of Idaho, or ordinances of the City of Iona, if applicable, and shall be processed in the Magistrate Court of Bonneville County. All fines, penalties and forfeitures paid or received under the provisions of any City ordinances shall be paid unto the City Treasury pursuant to the provisions of Section 50-1015 of the Idaho Code. The City Treasurer shall report to the County on a quarterly basis, all fines paid to the City, from any Court(s). 11. Independent Contractor. The County shall perform this agreement and the responsibilities enumerated hereunder as an independent contract; and the County, the Sheriffs Office, and the law enforcement officers shall not be considered agents or employees of the City of Iona. 12. Indemnification. The County agrees to indemnify and hold harmless the City against any and all liability for injury, including loss of life, to any person and for damage to, or loss of, the property of any person arising from any act or omission on the part of the County, its officials, Sheriff, or other law enforcement personnel in connection with providing animal control, police protection and law enforcement within the City. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed, through duly enacted resolution of the governing bodies of both parties, the day and the year first above written. ATTEST BONNEVILLE COUNTY Law Enforcement Contract Page 4 PENNING MANNING ROGER CHRISTENSEN, Chairman Bonneville County Clerk Board of Commissioners PAUL J. WILDE Sheriff ATTEST CITY OF IONA Iona City Clerk Mayor Law Enforcement Contract Page 5 TAB C Keri West <cityclerk@cityofiona.org> Fwd: police 2 messages Rob Geray <robgeray@cityofiona.org>Tue, Jul 9, 2019 at 9:35 PM To: Keri West <cityclerk@cityofiona.org> Cc: Brad Andersen <oneh20boy@hotmail.com> Keri, Please include in the record for Thursday, as Mr. Andersen has requested. Rob Begin forwarded message: From: Brad Andersen <oneh20boy@hotmail.com> Subject: police Date: July 9, 2019 at 8:26:26 PM MDT To: Rob Geray <robgeray@cityofiona.org> I am for keeping two Iona police officers like we have had in the past. When they are not on duty we will have coverage and contract with Bonneville County to cover that me when they are not on duty. Aer the new subdivision is built then the City can look at if we a need another officer and if we can afford it. thx, brad please make this part of the record for the 7-11-19 meeng Keri West <cityclerk@cityofiona.org>Wed, Jul 10, 2019 at 9:53 AM To: Rob Geray <robgeray@cityofiona.org> Will do. Thanks Rob. Keri West City Clerk, City of Iona Phone (208)-523-5600 Address PO Box 487, Iona, ID 83427 Email cityclerk@cityofiona.org Website cityofiona.org "Failure will never overtake me if my determination to succeed is strong enough." [Quoted text hidden]