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HomeMy WebLinkAbout042020_ra01 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners FROM: Joe Nole,Jefferson County Sheriff Philip Morley, County Administrator DATE: April 20, 2020 RE: Second Addendum to Law Enforcement Services Agreement with the Hoh Tribe STATEMENT OF ISSUE: The Board of County Commissioners will consider adopting a Second Addendum to the Amended and Restated Service Agreement Between the Hoh Indian Tribe and Jefferson Count For Law Enforcement. ANALYSIS: The proposed Second Addendum has been negotiated between the Hoh Tribe and Jefferson County, including Sheriff Nole, and has been approved by the Tribe. Since 2009, Jefferson County, through the Sheriff's Office, has been providing law enforcement for the Tribe. Under that arrangement, the Tribe has paid the County $200,000 per year, which allowed the County to add an additional Deputy on the west end of the County. West end Deputies have provided law enforcement for the entire west end, both inside and outside the Hoh Reservation, for tribal and non-tribal people. The current agreement with the Tribe expires after April 30. The Hoh Tribe is currently in the process of standing up their own law enforcement agency. The Tribe has asked the County to help the Tribe for three months (with possible one-month extensions for up to another three months)to transition to operating on its own, During that period, Sheriff's Deputies and Tribal Police would respond jointly to all calls. To further help the Tribe through this transition, during a time when the Tribe is expending extra costs on law enforcement, the County would agree to provide this service at 60% of the normal cost rate. FISCAL IMPACT: Under the Second Addendum, the Tribe will pay $30,000 for the three- month period of May 1 through July 31, 2020. There could be up to three one-month extensions thereafter, paid at $10,000 for each month. RECOMMENDATION: Approve and sign the Second Addendum to the Amended and Restated Service Agreement Between the Hoh Indian Tribe and Jefferson Count For Law Enforcement 1 err "97-0P W;-'7 ilip rley, C i unty Administrator Date Second Addendum to Amended and Restated Service Agreement Between the Hoh Indian Tribe and Jefferson County For Law Enforcement Services The Hoh Indian Tribe(Tribe)and Jefferson County(County)in consideration of the mutual promises made herein agree as follows: Recitals WHEREAS, the parties entered into an Amended and Restated Service Agreement Between the Hoh Indian Tribe and Jefferson County For Law Enforcement Services have a services agreement dated October 10,2016(the Service Agreement)under which the County agreed to provide law enforcement services to the Tribe and the Tribe agreed to pay the County for those services for$50,000 per quarter; and, WHEREAS,the parties entered into an Addendum to Amended and Restated Service Agreement Between the Hoh Indian Tribe and Jefferson County For Law Enforcement Services (Addendum)on November 4,2019,which extended the Service Agreement until April 30, 2020; and, WHEREAS, the Tribe has informed the Jefferson County Sheriff(Sheriff)that it is attempting to start its own tribal police department and is bearing extra expenses for that effort; and, WHEREAS, the Tribe is providing two tribal police officers(Officers) who will have the necessary credentials to perform full tribal police officer duties within the Reservation; and WHEREAS, the Tribe has identified a need for short-term transition from the services provided in the Service Agreement, as modified by the Addendum, during which Sheriff's Deputies will assist tribal police officers with law enforcement,until the tribal police officers gain additional experience, expertise,and the capacity to function as an effective tribal police department; and, WHEREAS,the County and the Sheriff wish to support the Tribe in its effort to start successfully its own tribal police department and have agreed to provide the services required by the Service Agreement at a reduced amount per quarter; and, WHEREAS, the parties intend this Second Addendum to Amended and Restated Service Agreement Between the Hoh Indian Tribe and Jefferson County For Law Enforcement Services (Second Addendum)to amend a specific provision of the Service Agreement and Addendum, while leaving the remainder of the Service Agreement in full force and effect; NOW,THEREFORE,the parties enter into this Second Addendum,the terms of which are below. Page 1 of 3 Second Addendum to Service Agreement between Hoh Indian Tribe and Jefferson County for Law Enforcement Services AMENDMENTS 1. Section 1.1 of the Service Agreement is amended to extend the term of the Service Agreement for three months,May 1,2020 through July 31,2020. In addition,the Tribe shall have the option to extend the Service Agreement for one month for a maximum of three times, provided the Tribe through the Executive Director,provides written notice received by the Sheriff before the end of the month the Service Agreement is due to expire. Written notice may be provided to the Sheriff by email or fax. In the event the Tribe has no Officer capable of independently providing base law enforcement services, which includes making arrests, investigating crimes and enforcing the criminal and traffic laws of the Hoh Tribal government within the Reservation, the Sheriff may decline to extend the Service Agreement under the terms of this amendment, and the parties may negotiate new terms for an extension or negotiate a new Service Agreement. 2. Section 5.1 of the Service Agreement is amended as follows: The Tribe will pay the County$30,000 for Base Level police services provided by the County between April 30, 2020 and July 31, 2020. In addition, for any option exercised by the Tribe pursuant to amended Section 1.1 of the Service Agreement, the Tribe shall pay the County the sum of$10,000 per month for Base Level police services. If for any period the Tribe has no Officer capable of independently providing base law enforcement services,which includes making arrests, investigating crimes and enforcing the criminal and traffic laws of the Hoh Tribal government within the Reservation,the cost shall be prorated on$50,000 per quarter($16,667 per month) for that period. 3. Paragraph 6 of Exhibit A of the Service Agreement is modified as follows: Sheriff's Deputies(Deputies),under the guidance of the Sheriffs Supervisors,will patrol the Tribe's jurisdiction in either vehicles provided by the Sheriff or the Tribe. On duty Officers shall respond to all calls for service along with Deputies during regular business hours,unless the Officer or Deputy is actively working on another call which they cannot leave to respond,or if both the Officer and Deputy confer and mutually agree that only one of them will respond to a particular call. Officers are not expected by the Tribe or the Sheriff to work after regular business hours,except that an Officer shall be called into service after regular business hours and respond to calls with a Jefferson County Sheriff's Deputy,unless both the Officer and Deputy mutually agree that only one of them will respond to that particular call. 4. The parties further agree that all other provisions of the Service Agreement not modified herein remain in effect. GENERAL PROVISIONS 5. Governing Law:This Second Addendum shall be governed by and construed in accordance with the laws of the State of Washington. 6. Effective Date:This Second Addendum is effective on May 1,2020 regardless of the date on which this Second Addendum is formally executed by the parties. Page 2 of 3 Second Addendum to Service Agreement between Hoh Indian Tribe and Jefferson County for Law Enforcement Services 7. Authority to Execute: The parties acknowledge and warrant that the individual whose signature appears below has the authority to execute this agreement on his or her behalf and/or all approvals and permissions required by their organization have been obtained and the person is authorized to execute this agreement on its behalf. JEFFERSON COUNTY SHERIFF'S OFFICE THE HOH INDIAN TRIBE By: By: D yl 7`e?'GLO Joe Nole,Sheriff DATE Da n Gomez,Chairwo n DATE BOARD OF COUNTY COMMISSIONERS JEFFERSON COUNTY,WASHINGTON By: Greg Brotherton,Chair DATE SEAL: ATTEST: Carolyn Galloway DATE Deputy Clerk of the Board Approved as to form only: Au*, 4/17/2020 Philip C.Hunsucker DATE Chief Civil Deputy Prosecuting Attorney Page 3 of 3 Second Addendum to Service Agreement between Hoh Indian Tribe and Jefferson County for Law Enforcement Services