HomeMy WebLinkAbout2014-011 IGA Addendum - MADGE OSP #IGA-115-2010
OSP IGA-115-2010
INTERGOVERNME NTAL AGREEMENT
Medford Area Drug and Gang Enforcement (MADGE) Team
PURPOSE
This Intergovernmental Agreement (hereinafter, referred to as "Agreement') is entered into between
the undersigned agencies under the authority of ORS 190.110, to jointly administer the performance
of functions and activities related to drug and gang law enforcement in the Jackson County area.
This Agreement is not intended to create a separate unit of government under ORS 190.010(5).
PARTICIPATING ENTITIES
The parties to this Agreement are: City of Medford Police Department, Jackson County Sheriffs
Office, Oregon State Police, Federal Bureau of Investigation, United States Drug Enforcement
Administration, Jackson County Community•Justice, Jackson County District Attorney, United
States Forest Service and Bureau of Land Management and are individually referred to as a
"Participating Entity" and collectively referred to as the "Participating Entities." Other entities may
become Participating Entities as provided herein.
The Participating Entities to this Agreement will describe themselves for administrative purposes as
Medford Area Drug and Gang Enforcement Team (MADGE). Each of the undersigned
Participating Entities, represent that their officers or agents, have authority to perform in accordance
with agreed upon goals and objectives.
MISSION
"The mission of MADGE is to reduce drug and gang related crime in the Jackson County area
through cooperative efforts, enforcement and intelligence sharing by local, state and federal
law enforcement agencies."
Formation of MADGE will enhance the coordination of effort and resources among the participating
agencies to enforce laws and protect citizens from illegal drug activity and gang related criminal
acts; gather and disseminate narcotics and gang related intelligence information; and engage in
seizure and forfeiture of assets used in or derived from illegal drug activity as allowed by state and
federal law.
The Participating Entities desire to administer federal, state and local drug and gang law
enforcement activities as MADGE for the purposes described herein.
NOW THEREFORE, the Participating Entities adopt and incorporate the above recitals and agree as
follows:
SECTION 1- POWERS AND AUTHORITY.
While engaged in MADGE Team activities, team members are intended to retain all lawful powers
and duties they have individually under their respective federal, state or local positions.
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Furthermore, each Participating Entity, administrative officer designated herein to perform specified
} functions or activities is vested with all powers, rights and duties relating to those functions and
activities that are vested by law in each separate party to the Agreement, its officers and agencies.
Nothing in this Agreement is intended to make any Team Member or Participating Entity an agent
or representative of any other Team Member or Participating Entity.
SECTION 2 - ORGANIZATION.
As set forth more fully herein, administration of MADGE shall consist of the following components:
(A) Chief Executive Officer.
(B) MADGE Advisory Board. Each Participating Entity shall have one representative on the
MADGE Advisory Board. The Board shall convene quarterly for purposes including but
not limited to: (i) planning Team activities; (ii) setting long- and short-term goals; (iii)
considering expansion opportunities and need for additional resources; and (iv)
evaluating Team strategies and success
(C) Team Commander. The Team Commander reports to the Chief and is primarily
responsible for administrative duties with respect to MADGE activities.
(D) Operations Supervisor. The Operations Supervisor reports to the Team Commander and
is primarily responsible for oversight of operations planning and execution.
(E) MADGE Team. The MADGE Team consists of at least one representative from each
signatory, designated as described below.
I
C,
SECTION 3 - CHIEF EXECUTIVE OFFICER.
The Medford Chief of Police (Chief) is the Chief Executive Officer for MADGE activities.
The Chief shall oversee all MADGE duties and responsibilities, including but not limited to those of
the Team Commander, Operations Supervisors and the Team.
The Chief shall report quarterly to the Board. Regular quarterly reports shall contain summaries of
plans; operations, objectives, funding and forfeiture recovery and distribution.
In addition to the regular quarterly meetings, the Chief may convene a Board meeting as he sees fit
in his discretion.
SECTION 4 - MADGE ADVISORY BOARD.
4.1 Composition
Each Participating Entity will assign a representative to sit as a member on the Board following
execution of this Agreement.
The Medford Police Department representative on the board will be the Deputy Police Chief in
charge of the Operations Bureau.
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J In the absence of a Participating Entity Board member, the Participating Entity may select a
substitute, who shall be deemed as having the same powers and authorities of the assigned Board
member. Although it is recognized Board members may have occasional conflicts requiring the
selection of a substitute for a Board meeting, entities should strive to provide a consistent presence
of one member to the Board
The Chief shall serve as Chairman of the Board and shall preside over all meetings. The Chairman
shall be entitled to vote on any matter before the board.
4.2 Duties
The MADGE Advisory Board (Board) makes recommendations to the Chief. Each Participating
Entity shall have one vote in any matter before the Board.
All matters before the Board that require a vote shall be decided by majority vote, with the exception
of adding additional entities to the Agreement, which requires a unanimous vote.
43 Regular Meetings
The Board shall meet on a regular basis at least quarterly, and otherwise as determined by the Chief
in consultation with the Board.
Without prior approval of the Chief, no Participating Entity or Board member shall represent
themselves as MADGE for any purpose including but not limited to expending MADGE funds, or
seeking to obtain or obtaining grants or funding.
The Board shall be responsible for making recommendations to the Chief concerning overall
operations including but not limited to the following:
(a) MADGE-Team•aeti vi ti es;
Its _
(b)lLong:andshort2erm goals;
(c);Expansion opportunities and ced'for`additional resources; nd
(d):Evalu`atica ofteam;strategies and,succe§ssf~ .
SECTION 5 - TEAM COMMANDER.
The MADGE Team Commander shall be selected and assigned to MADGE by the Chief.
The Team Commander shall be staffed by a swom officer from the Medford Police Department and
have the minimum rank of Lieutenant.
The Team Commander will be the chief administrator of the MADGE Team with duties that include
but are not limited to the following.
(a) Funding acquisition, retention and expenditure;
(b) Procurement ofpersonal services, goods, and equipment;
(c) Assignment of TEAM Members to tasks and operations;
(d) Support and oversee TEAM activities including but not limited to:
• Criminal investigations,
• Street crime suppression operations,
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• Surveillance,
• Arrests,
• Maldng case referrals to the District Attorney and US Attorney for prosecution of
individuals and organizations involved in illegal drug trade; and
• Seizure and forfeiture of property used or derived from criminal activity;
(e) Establishment of Operational Guidelines and Policy/Procedures;
(0 Development of enforcement recommendation for MADGE operations;
(g) Evaluation of team activities and supervisory personnel;
(h) Recommending long range planning and budgeting and reporting;
(i) Administering MADGE operation funds pursuant to City of Medford Code, State and
Federal Procurement Regulations, and any Grant Limitations;
0) Management of MADGE operating accounts and appropriate funds necessary to meet
operations;
(k) Administration of Grant applications and other revenue resources;
0) Management of federal and state civil and criminal forfeiture accounts;
(m) Accounting and disbursement of MADGE assets;
(n) Act as a liaison with Participating Entities;
(o) Completing media releases and distributing them to the public concerning Team activity
and cases of interest;
(p) Acts as Press Information Officer for MADGE; and
The Team Commander shall not participate as a member of the Board but shall instead serve as staff
to the Chief.
/ SECTION 6 - OPERATIONS SUPERVISOR
The MADGE Operations Supervisor shall be selected and assigned to MADGE by the Chief.
The Operations Supervisor shall be staffed by a sworn officer of a Participating Entity and have the
C Quo rankof•Sergea
In the sole discretion of the Chief, additional Operations Supervisors may be supplied by
Participating Entities. In making his decision, the Chief shall receive input from the Team
Commander and the Board.
The Operations Supervisor will oversee daily activities to provide necessary operations management
and supervision including, but not limited to:
(a) Assigning MADGE member personnel to investigations;
(b) Scheduling and supervision of MADGE member personnel;
(c) Participating in the evaluation ofMADGE personnel; however evaluations remain the
responsibility of the member's Participating Entity.
(d) Reviewing and approving of investigation reports;
(e) Managing evidence;
(f) Providing staffreports regarding MADGE activities to the Board during Board meetings
or as directed by the Board
(g) Expending MADGE operation funds for normal operations pursuant to City of Medford
and Medford Police Department policy.
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(h) Ensuring team members act in a safe and tactically sound manner.
(i) Deconfliction, to include, but not limited to: entry, queries, and response.
SECTION 7 - MADGE TEAM MEMBERS.
No employees will be formally transferred pursuant to this Agreement. The Participating Entities
remain the subject employers under ORS chapter 656 or any other provision of state or federal law.
MADGE Team Members (Team Members) shall work cooperatively as a team in the area of
narcotics enforcement as well as gang enforcement and intelligence gathering.
Team Members shall be selected and assigned to MADGE by each Participating Entity after
consultation with the Team Commander, MADGE Advisory Board, and approval of the Chief.
Team Member contribution from any Participating Entity may increase or decrease in number
depending on the decision of the Chief based on information received from Team Commander and
Operations Supervisor and consultation with the Board.
Upon adoption by authorized signature, and subject to the provisions herein, each Participating
Entity shall provide Team Members.
7.1 Workers Compensation And Other Insurance
For all other purposes, including, but not limited to, Workers Compensation, employee benefits and
insurances, and collective bargaining matters (including discipline and discharge) personnel
assigned to MADGE shall continue as employees of their Participating Entities, which shall be
solely responsible for those employees. Additionally, each Participating Entity shall be responsible
for liability insurance, salary compensation, overtime, and equipment (vehicle, cell phone, computer,
and uniforms) of its MADGE member.
7.2 Team Member Time Allocated To MADGE
It is expected that a Team Member assigned to MADGE is assigned in a full-time capacity, unless
otherwise agreed to by the Chief. Length of assignment and number ofhours/days of MADGE
members shall be determined by the Participating Entity in consultation with the Chief and the Team
Commander.
7.3 Overtime
When a Team Member seeks overtime and time-off from its respective Participating Entity, such
overtime and time off requests made during MADGE assignment shall be administratively reviewed
by the MADGE Operations Supervisor.
7.4 Conflicts With Team Members
Any conflicts that are deemed by the Team Commander to be detrimental to the overall operation of
the team that are not resolved through normal supervision, will be addressed and resolved through
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consultation with the team member's Participating Entity and the Team Commander. If resolution is
not achieved, the conflict will be brought before the Board for recommendation to the Chief.
Ultimately, the Chief has final decision-making authority on composition of MADGE Team
membership.
7.5 Conflicting Policies
If there are conflicting policies and procedures (including but not limited to bargaining agreements,
personnel regulations, or other administrative regulations) between MADGE and a Participating
Entity, members shall comply with their own Participating Entity, and as soon as practical, notify
the Operations Supervisor of the differences. The policies and procedures of the Participating Entity
take precedence over the MADGE policies and procedures.
SECTION 8 - EFFECTIVE DATE.
This Agreement shall be effective as to each Participating Entity immediately upon execution and
authorization by the governing body of that Participating Entity.
SECTION 9 - DURATION, WITHDRAWAL AND TERMINATION.
9.1 Duration.
The term or duration of this Agreement is perpetual; however, this Agreement shall be reviewed by
J the participating members and the Board, or their legal representatives, for legal sufficiency once
every five (5) years, beginning from the date the Agreement is executed.
9.2 Withdrawal.
Any Participating Entity may withdraw from MADGE upon providing not less than 90 days written
notice to the Chief. In the event of such withdrawal, the Agreement shall remain in frill force and
effect as to all remaining Participating Entities.
9.3 Temporary Staffing Recall.
Participating Entities may temporarily remove their designated team member, which will not
constitute withdrawal.
Within one week of the temporary removal or reassignment, the Participating Entity will notify the
MADGE Team Commander in writing and estimate the length of time the Participating Entity will
not have a member assigned to MADGE. The Team Commander will report this information to the
Chief and the Board.
If, on the 90th day following the written notification the Participating Entity has not replaced their
member in MADGE, the Participating Entity will be deemed to have withdrawn from MADGE.
The Chief has the authority to grant an extension beyond 90 days upon written request by the
Participating Entity.
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If written notification is not provided to the Chief by the Participating Entity and the entity has not
replaced their member within a 90 day period, the entity will be deemed to have withdrawn from
MADGE.
9A Termination.
If the Team Commander or Board deems a Participating Entity to be detrimental to the overall
success of MADGE, termination of the Participating Entity may occur at the discretion of the Chief.
All reasonable attempts at conciliation will be made.
The Chief shall notify the involved agency in writing the date of the termination and conditions of
division of asset forfeiture, if applicable.
SECTION 10 - INTEROPERABILITY & DATA SHARING.
All Participating Entities shall have interoperable communications devices.
Signatory Jurisdictions will share information to carry out the Mission.
SECTION 11- FISCAL RESPONSIBILITIES.
The apportionment among the parties to the Agreement of the responsibility for providing funds to
} pay for expenses incurred in the performance of the functions or activities will be as set forth herein.
Administrative Functions
Fiscal Agent: The City of Medford will act as fiscal agent for MADGE and shall account for the
MADGE funds including but not limited to the following: operating expenditures; seizures; state
civil forfeitures; state criminal forfeitures; and federal forfeitures.
All financial record keeping will make reference to MADGE on all transactions.
Financial reports will be completed on a quarterly basis along with any financial reports required for
grants. The City of Medford will provide additional financial reports to the Board upon reasonable
request.
MADGE will apply for, receive and facilitate grants from state and federal agencies to include:
High-Intensity Drug Traffic Area (HIDTA), National Marijuana Initiative (NMI) and other grants
as appropriate consistent with the MADGE mission.
Jackson County Sheriff's Department shall be reimbursed for their MADGE participation with grant
money and funds obtained specifically for the purpose of seasonal marijuana grow enforcement in
forested and rural areas for the actual costs associated that are grant funded.
C
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SECTION 12 - ACCOUNTING AND APPORTIONING REVENUE AND PROPERTY.
,•7 The Participating Entities shall account for and apportion fees or other revenue, including but not
limited to forfeiture proceeds, derived from the functions or activities, and transfer possession of or
title to real or personal property as set forth herein.
12.1 Funding
12_1.1 Team Members
Team Members shall be funded by each Participating Entity as set forth below.
All team members provided to MADGE by a Participating Member remains an employee of his or
her originating Participating Entity. Each Participating Entity shall be solely responsible for their
respective team members' compensation, including but not limited to: wages, salaries, benefits,
overtime and insurance.
12_1.2 Overhead and Office Space
The City of Medford will provide space at the Medford Police Department for MADGE Team
Operations.
In all other cases, each Participating Entity will be responsible for its own overhead.
12.2 Equipment
Each Participating Entity shall provide all equipment used by its own Team Member. This
equipment shall include but not be limited to: vehicle, cell phone, computer, and uniforms.
123 Forfeiture
For purposes of this Agreement property seized includes money and the proceeds of the sale of
tangible property, including real property.
12_3.1 Designation of Forfeiture Counsel
The civil and criminal forfeiture counsel for MADGE shall be either the Jackson County District
Attorney or the United States Attorney for Oregon. The District Attorney may delegate one or more.
deputy district attorneys to act in that capacity. The United States Attorney may likewise delegate
one or more assistant United States attorneys to act in that capacity. The decision to pursue
forfeiture in either the state or federal system will initially be made by the MADGE commander,
and must be approved by the District Attorney for state forfeitures, by the United States Attorney
for federal forfeitures, or by their designees.
12_3.2 -Designation of Forfeiture Entity for Forfeitures Initiated in State Conrt
Any property seized for criminal or civil forfeiture under state law as a result of a MADGE
investigation shall name the Medford Police Department as the seizing and forfeiting agency. All
forfeited property will be designated by the Medford Police Department for use and distribution as
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determined by the Chief, after consultation with the Board, in accordance with state and federal law.
123.3 Designation of Forfeiture Entity for Forfeitures Initiated in Federal Court
The designated lead federal agency shall be responsible for the adoption and processing of assets
seized for federal criminal and civil forfeiture in conjunction with MADGE operations. The
designated federal agency will process assets seized for forfeiture that meet or exceed the minimum
threshold values established by the federal agency and the United States Attorney's office for the
District of Oregon (USAOR). Such asset forfeiture shall be conducted in accordance with the rules
and regulations set forth by the United States Department of Justice (DOJ)'s Guide to Equitable
Sharin¢ for State and Local Law Enforcement A' encies.
The City of Medford Police Department shall be designated as the local seizing and forfeiting
agency for the purpose of establishing a single entity responsible for distributing MADGE's
equitable share of assets seized pursuant the federal adoption process.
123.4 Distribution of Forfeiture Proceeds
Of the Forfeiture proceeds received by the City of Medford that result from MADGE operations,
distribution shall be as set forth herein.
Monies realized by participants through asset forfeiture resulting from MADGE activities shall be
used to offset the costs of MADGE operations, nth the, ception.thatlve petce`t of the 1110 es
realized Uuough,asset.forfeiture sliall'be distnbutedlto the Jackson County District Attorney's
r Office.
:Any ss s•accumulated by MADGE.in.excess,of,$1'S0,0 shall be distributed to the participating
agencies in accordanoewith the Oregoa la nd based upon a formula agreed upon by the Chief
and the Board.
All MADGE forfeiture funds shall be separately accounted for.
For forfeiture actions taken in federal court, acceptable factors to consider whether a Participating
Entity receives a greater share of the forfeiture proceeds are the requirements fisted in the DO]
Guide to Equitable Sharing of Federally Forfeited Property for State and Local Law Enforcement
Agencies.
SECTION 13 - INDEAMFICATION AND INSURANCE.
13.1 Subject to the provisions of the Oregon Constitution, the Oregon Tort Claims Act (OTCA),
ORS 30.260 to 30.300, and the Federal Tort Claims Act, 28 USC §2671 to §2680, and any
other applicable Law of the state of Oregon or Federal Law, each participating entity shall
hold harmless, and indemnify the other participating entities and their Officers, Employees,
and Agents from all claim, suits, actions, losses arising solely out of the negligent acts of its
own Officers, Employees, or Agents while acting under this agreement
Provided, however, the Oregon Attorney General must give written authorization to any Legal
. Counsel purporting to act in the name of, or represent the interests of, the State police, the
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State of Oregon, its Officers, Employees and Agents prior to such action or representation.
Further, the State police and the State of Oregon, acting by and through its Department of
Justice, may assume its own defense, including that of its Officers, Employees and Agents, at
any time when in the State's sole discretion it determines that: (1) Proposed Counsel is
prohibited from the particular representation contemplated; (II) Counsel is not adequately
defending or able to defend the interests of the State, its Officers, Employees and/or Agents;
(III) Important governmental interests are at state; or (IV) The best interests of the State are
served thereby. Each participating entities' obligation to pay for all costs and expenses shall
include those incurred by the State in assuming its own Defense and/or that of its Officers,
Employees, or Agents Under (1) and (11) above.
13.2 Each participating entity shall provide for its MADGE Team Member, General, Auto and
Professional Liability Coverage pursuant to the limits of the Oregon Tort Claims Act
(OTCA), the Federal Tort Claims Act, 28 USC §2671 to §2680, and subject to the limits of
those acts for services and acts occurring in the course and scope of activities under this
agreement. A participating entity's Self-Insurance will satisfy the requirements of this
paragraph and obligates the entity to maintain an actuarially sound Self-Insurance Fund for
that purpose.
SECTION 14 - VEHICLE USE.
14.1 Subject to subsection 14.4 all participating-agencies articiPatingagencies will allow the use of tLeir:agency
vehicles by_any participating-dgency'a maHiber. It is recognized that these occurrences will
primarily'occii between OSP, Medford Police Department and the Jackson County Sheriffs
Office; however, by execution of this Agreement, the parties acknowledge and agree that all
participating agencies will be authorized, should the unforeseen need arise, to use any other
participating members vehicle(s).
14.2 The following restriction shall apply to the use of any and all participating members'
vehicles under this Agreement:
14_2.a Every driver of a participating member's vehicle must have a current valid driver
license and be over the age of 18;
14_2.6 Every driver must be an employee or agent of a participating MADGE team agency
assigned to perform operational duties of the MADGE team; and
14_2.c Participating members' vehicles shall only be used for authorized purposes related to
MADGE team operations.
14.2.d Participating members' vehicles shall only be used by other participating members'
employees or agents while a) acting within the course and scope of their employment
or agency with the other participating member, and b) performing operations or work
under the terms of this Agreement.
14.3 MADGE team participating agencies shall provide primary automobile liability and physical
damage (collision and comprehensive) coverage all of their employees and agents while
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operating another participating member's vehicle. The participating member whose
employee or agent operates another participating member's vehicle shall assume total
responsible and liability for the vehicle and its use both during the use of the vehicle and
while the vehicle is in their care, custody or control.
14.4 Revocation of vehicle use authorization; effect.
14_4.a Any participating member may revoke its vehicle use authorization as to any or all
other participating members upon providing the participating member(s) and the
Board with 30 day written notice. The revocation shall become effective at 12:01
a.m. on the 31"day after such notice is received by a revoked participating
member(s) and the Board.
11111 Notwithstanding section 13 of this Agreement, a participating member whose vehicle
use authority is revoked by another participating member shall bold harmless and
indemnify the revoking participating member for any unauthorized use of its
vehicle(s) by the revoked participating member's employees or agents.
14.5 Reinstatement of a participating member vehicle use authorization; effect.
145.a Any participating member may reinstate revoked participating members' vehicle use
authorization(s) by providing the participating member(s) and the Board with 30 day
written notice. The reinstatement shall become effective upon receipt of the
reinstatement by the participating member(s) and the Board.
r 14_5.6 A participating member's vehicle use authorization that had been revoked but
subsequently reinstated shall, subject to section 13 of this Agreement, hold harmless
and indemnify the reinstating participating member as of the date of receipt of the
vehicle use reinstatement.
SECTION 15 - DISSOLUTION.
MADGE may be dissolved upon mutual written agreement of all remaining Participating Entities.
If the composition of MADGE drops below two entities that provide sworn officers, then MADGE
will be considered dissolved and all MADGE assets shall be distributed per this Agreement.
If the status of participation in MADGE is likely to change for an exiting agency, (ex. possible
passage of an upcoming funding mechanism) they may request a six month withdrawal from
MADGE that will not cause MADGE to dissolve. The Chief may approve six-month hiatus. If, at
the end of the six months, the agency is not able to participate in MADGE, then the dissolution of
MADGE shall occur.
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SECTION 16 - DIVISION OF NON-FUND ASSETS UPON TERMINATION OR
v f DISSOLUTION.
16.1 Individual Entity Termination
Participating Entities who withdraw or otherwise terminate their participation in this Agreement
waive all rights to MADGE assets.
Nevertheless, the Chief, after consultation with the Team Commander and Board, has the authority
in his complete discretion, to share assets with the entity terminating their participation. In making
his decision, the Chief shall consider the operational needs of MADGE or the remaining MADGE
Team, as the case may be.
An entity may re-affiliate with MADGE only in the same fashion as a new entity. Should an entity
be granted the authority to return as a Participating Entity, that entity has only those asset forfeiture
rights that would be assigned to a new Participating Entity, unless otherwise provided by the Chief,
after a majority vote of the Board.
16.2 Dissolution of MADGE
Upon dissolution of MADGE, possession of any shared or loaned equipment shall be immediately
returned to the Participating Entity providing it.
Assets acquired with MADGE funds will be equitably distributed as agreed upon between the Chief
and the Board.
SECTION 14 - DISTRIBUTION OF FUNDS UPON DISSOLUTION.
In the event MADGE is dissolved, assets derived from forfeiture shall be distributed to Participating
Entities in accordance with this Agreement and Oregon law. If the Participating Entities cannot
agree on distribution, the circuit court of the State of Oregon for Jackson County has jurisdiction to
determine that transfer or division.
SECTION 18 - SEVERABILITY.
If any term or provision of this Agreement is declared by a court of competent jurisdiction to be
illegal or in conflict with any law, the validity of the remaining terms or provisions shall not be
affected, and the rights and obligations of the Participating Entities shall be construed and enforced
as if the Agreement did not contain the particular term or provisions held to be invalid.
SECTION 19 - INTERPRETATION.
The terms and conditions of this Agreement shall be construed in accordance with the general
purposes of this Agreement. This Agreement shall be construed using Oregon law.
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SECTION 20 - AMENDMENT,
! The terms of this Agreement may be amended in writing in the same manner as its adoption by
majority vote of the Participating Entities. Any amendment shall be in writing and shall refer
specifically to this Agreement and shall be effective as to each Participating Entity upon execution
and authorization by the Participating Entity.
SECTION 21- NOTICE.
Except as otherwise expressly provided in this Agreement, any communications between the parties
hereto or notices to be given hereunder shall be given in writing by email, personal delivery,
facsimile, or mailing the same, postage prepaid. Any communication or notice so addressed and
mailed shall be deemed received five (5) days after mailing. Any communication or notice
delivered by facsimile shall be deemed received on the day the transmitting machine generates a
receipt of the successful transmission, if transmission was during normal business hours, or on the
next business day, if transmission was outside normal business hours of the recipient. Any
communication or notice given by personal delivery shall be deemed received when actually
delivered. Any communication or notice given by email shall be deemed received upon the sender's
receipt of confirmation generated by the recipient's email system that the notice has been received
by the recipient's email system.
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ff SIGNATURES
By their signatures below, the Participating Entities to this Agreement consent to the terms,
conditions, and content expressed her and have executed this Agreement by their authorized
representat ives:
l lti 2 . 219
City of ford Tie Date
Mayor Gary ler
r
Jackson Co Ad inistrator Title Date
Danny Jord
Oregon State Police Title / Date
A Federal Bureau of Investigation Title Date
Drug Enforcement Administration Title Date
U.S. Forest Service Title Date
Bureau of Land Management Title Date
I Le 1 Sufficiency:
I. y Kircho$
Senior Assistant County Counsel
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i MEMORANDUM OF UNDERSTANDING
/ BETWEEN OREGON DEPARTMENT OF STATE POLICE
AND
MEDFORD AREA DRUG AND GANG ENFORCMENT TEAM
FOR
Administration of Byrne-JAG Grant Funds
This Memorandum of Understanding (MOU) between the Medford Area Drug and Gang Enforcement
Team ("MADGE") and the Oregon Department of State Police ("OSP") regarding the distribution of
funds from Grant LEO 1 I-10 JAG.
1. MADGE Responsibilities.
MADGE will reimburse OSP a maximum not-to-exceed amount of $17,022.25 in grant funds and
prepare and provide all quarterly and final reports required under the Grant.
2. OSP Responsibilities.
The OSP understands and agrees that it will provide personnel costs and timesheet documentation for
quarterly reports and requests for reimbursement for OSP staff assigned to MADGE. In addition the
OSP will assist MADGE in compiling and tracking all statistical data associated with its respective
( narcotics team. OSP will provide information on personnel, including costs, timesheets, and other
} pertinent statistical data to MADGE within 21 days of the end of each quarter beginning with the quarter
/ ending March, 2011.
3. OSP-MADGE Joint Responsibilities.
The OSP and MADGE understand that the reimbursement shall be based upon actual overtime costs
which include wages and other payroll costs directly associated with overtime hours worked.
Each party, by execution of this MOU, hereby acknowledges that he/she has read this MOU,
understands it, agrees to be bound by its terms and conditions, and has the authority to sign and bind its
agency.
TMENT OF STATE POLICE tDGE
DEPIVA
t
/
S nn' tenden 7lints-P. Brown Date George Chie o Police, Medford, gon Date
Page I of I MADGE MOU
Yego11 Department of State Police
_ General Headquarters
y John A. Kitzhaber, MD, Governor 255 Capitol Street NE, 4th Floor
I Salem, OR 97310
. (503) 378-3720
June 8, 2011 General FAX (503) 363-5475
Supt.'s Office FAX (503) 378-8282
Personnel/Payroll FAX (503) 378-2360
V/TTY (503) 585-1452
Tim Doney, Lieutenant
MADGE
C/O Medford Police Department
411 West 8"
Medford, OR 97501
Subject: MADGE Byrne-Jag Grant Funds
Lieutenant Doney,
I have enclosed the MADGE Byme/JAG Agreement which is singed by Oregon State Police
Superintendent Chris Brown.
` Please have Randy Schoen, Chief of Police in Medford sign the agreement. Once the
t agreement is signed please send the original copy back to me at the address below.
If you have any questions please give me a call at (503) 934-0192. Thank you for your
assistance and patience while we moved this through our process.
Sincerely,
Ted Phillips, Lieutenant
Oregon State Police
Drug Enforcement Section
255 Capitol Street NE, 40' Floor
Salem, OR 97310
(503) 934-0192
lW
enc.
C.) ; Addendum to Intergovernmental Agreement Executed In 2011
Medford Area Drug and Gang Enforcement (MADGE) Team
This addendum to the intergovernmental Agreement executed in 2011 addresses the removal
of the $150,000 cap on forfeiture proceeds mentioned in Section 12.3.4 Distribution of
Forfeiture Proceeds.
During the MADGE Advisory Board Meeting on 11/7/12, there was discussion on this topic with
the decision being made to remove the cap and continue to utilize the seized/forfeited funds
for drug enforcement related purposes. It was further agreed that decisions on the
expenditure of the funds could be made when participating agencies bring a request before the
board. The advisory board could then entertain a vote.
This addendum will become e t ' as of February 20'h, 2013.
Chief Tim George Date: Z01
Sheriff Mike Winters Date: ZO t
Lieutenant Darin Lux Date:
District Attorney Beth Heckert ttDate:
Community Justice Shane Hagey ~ Date: 49.2
Deputy Chief Tim Doney Date: 2~jO/r7
C`
1
Addendum to Intergovernmental Agreement Executed In 2011
Medford Area Drug and Gang Enforcement (MADGE) Team
This addendum to the Intergovernmental Agreement executed In 2011 addresses the removal
of the $150,000 cap on forfeiture proceeds mentioned In Section 123A Distribution of
Forfeiture Proceeds.
During the MADGE Advisory Board Meeting on 11/7/12, there was discussion on this topic with
the decision being made to remove the cap and continue to utilize the seized/forfelted funds
for drug enforcement related purposes, It was further agreed that decisions on the
expenditure of the funds could be made when participating agencies bring a request before the
board. The advisory board could then entertain a vote.
This addendum will become effective as of February 20th, 2013.
Chief Tim George Date:
l; Sheriff MikeMlnters Date:
Lieutenant Darin Lux Date:
District Attorney Beth Heckert Date:
Community Justice Shane Halley Date:
Deputy Chief Tim Doney Date:
INTLRGOYEI; OMWAI, AGREEWNT:ADDENDUM
Medford Area Drug and og Xinfoxtomeut.(N"GE) Team
OSpAMA415-2010 J
SIGNATURES
This is anaddendum tQ t1ro'tntorgoVetpmatitbl agrbemeht(I(1A) enaoted33n?OlI.4xPandingthq
Yargaipntieg }3ntitlos fn ltlchlde$6,Caty ofA44o4P_.ollm DapertmqarL By thah• signature
bolow,thaBartioipating&1tItY•>A'd!i$Agmelnontadrisenttotlie,t4, %6mtdtdons W.o6nt"
expressed in the origintil IOA, the 2013 Addendum, and have exeouted this Agreement by their
auth. `2edreptns_ stives"
Bath,He , ,;Jnolgon rty,rr. ;homey Date
e Sheriff Dge, City Ch. _ P611 ee Date
B'~ll 14~7 sis o~ • oG - y
Brett Jobnao, pity of Medford Deputy Polito Chief Data
Pat. hmore Major, Ore on State PoHoe Date
ShimeAagey, stico Date
z 1dli{
' Date
ator; G.ty af.Ashland
Dave Tcotuta<, City A~1.
Medford At" J)A%g and aging Enforesmeo (MADGE) Intergovawnahto Agreement
i
regon Department Of GState Police
General Services
4762 Portland Road NE
John A Kitzhaber, MD, Governor Salem, OR 97305
General Phone (503) 378-3720
FAX (503) 378-8799
January 28, 2014
Deputy Chief Brett Johnson
Medford Police Department
411 West 8th Street
Medford, OR 97501
RE: IGA-115-2010 (MADGE) Team
Attached is the copy of the "Medford Area Drug & Gang Enforcement (MADGE) Team" between
the Oregon State Police (OSP) and "Medford Police Department" (MPD). It has been signed by
the approving authorities of OSP. Please review and have the agreement signed. Once it has
been signed, please keep a copy for your records and send a copy back to the following
address:
Attention: Liz Fitzgerald
Oregon State Police
General Services
4762 Portland Road NE
Salem, OR 97305
Th*you'
LiPrOrPhone: 503-934-8507
Email: liz.fitzgerald@state.or.us