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HomeMy WebLinkAbout2015-159 Agrmt - APD - Sheriff's Office - SART AGREEMENT Between Ashland Police Department, Jackson County Sheriffs Office and the Jackson County Sexual Assault Response Team PURPOSE This Agreement is entered into between the undersigned agencies. Through this Agreement the parties acknowledge their joint undertaking and mutual expectations related to the You Have Options Program. PARTICIPATING ENTITIES By signing below, the Ashland Police Department, Jackson County, by and through the Jackson County Sheriff's Office, and Jackson County Sexual Assault Response Team, collectively referred to as the "Participating Entities," enter into this Agreement. Other entities may become Participating Entities as provided herein. Ashland Police Department, Jackson County Sheriff's Office and Jackson County Sexual Assault Response Team will each participate in implementing the national You Have Options Program. Each of these Participating Entities represent that their officers or agents, have authority to perform in accordance with agreed upon goals and objectives. MISSION The You Have Options Program was developed by the Ashland Police Department to increase reporting of sexual assaults and improve any subsequent investigations. With the assistance of the Jackson County Sexual Assault Response Team, the Ashland Police Department has further developed the You Have Options Program for law enforcement implementation on a national level. Participation in the You Have Options Program will enhance the coordination of effort and resources among the participating agencies to enforce laws and protect citizens. NOW THEREFORE, the Participating Entities adopt and incorporate the above recitals and agree as follows: Section 1. ORGANIZATION The You Have Options program will be jointly administered by a five-person steering committee. The steering committee will consist of three permanent and two appointed members: (A) Police Chief of Ashland (or a delegate appointed by the Police Chief). (B) Sheriff of Jackson County (or a delegate appointed by the Sheriff), (C) Executive Director of Jackson County Sexual Assault Response Team (or a delegate appointed by the Executive Director) (D) The two appointed members will be appointed or removed by a majority vote of the permanent steering committee members. One of the appointed steering committee members is to be a current or former law enforcement officer, and the other is to be a person currently or formerly working in the field of sexual assault victim advocacy. The steering committee will meet quarterly. The steering committee will provide direction and guidance for the program, including but not limited to: ■ Evaluating the performance of the program director at least annually; ■ Authorizing and recommending changes and updates to the You Have Options program; ■ Developing and implementing strategies to fund the program; ■ Approving and assisting in the development of training courses related to the You Have Options program; ■ Propose agreements with agencies interested in joining the You Have Options program; and ■ Determining equitable use of funds generated by the You Have Options program. The steering committee members will strive for consensus on any proposed modification to the mutual understandings set forth in this Agreement. Section 2. ASHLAND CHIEF OF POLICE The Ashland Chief of Police will assign one full time employee to administer the program as the Program Director, continue to promote the program and assist in developing funding sources to the cover the cost of the program. Section 3. JACKSON COUNTY SHERIFF The Jackson County Sheriff s Office will provide financial assistance of up to $25,000 required to complete the national You Have Options website; provide office space and support for the Program Director and any other employees or volunteers working in support of the You Have Options Program; provide the Ashland Police Department with the services of a sexual assault advocate; provide assistance, including accounting services, for training related to the program or other funds generated by the program; promote the program; and assist in developing funding sources to cover the cost of the program. The Jackson County Sheriff s Office will jointly work with the Jackson County Sexual Assault Response Team to secure funding for hiring a full time employee who will work for the Jackson County Sexual Assault Response Team. Nothing in this Agreement shall be construed to obligate the Jackson County Sheriff s Office to provide any funding to the You Have Options program aside from the financial assistance to complete the website. Section 4. JACKSON COUNTY SEXUAL ASSAULT RESPONSE TEAM The Jackson County Sexual Assault Response Team will promote the program and assist in developing funding sources to cover the cost of the program including the hiring of a full time employee. Section 5. FUNDING A. Personnel The Ashland Police Department will provide one full time FTE to act as Program Director. The Jackson County Sheriff's Office will provide the Ashland Police Department with the services of a sexual assault advocate when the advocate is otherwise available. This Agreement will not be construed to require the Jackson County Sheriff s Office to hire an additional employee or to increase the hours of any existing employees. Additionally and going forward, each You Have Options member remains an employee of the originating participating entity with each participating entity responsible for the compensation, including but not limited to: wages, salaries, benefits, overtime and insurance, for their respective team members. If there are conflicting policies and procedures (including but not limited to Bargaining Agreements, Personnel Regulations, or other Administrative Regulations) between You Have Options and a participating entity, members shall comply with its own participating entity; and as soon as practical, notify the Program Director of the differences. B. Overhead, Office Space and Support: The Jackson County Sheriff s Office will provide office space and support for the Program Director and any other employees or volunteers working in support of the You Have Options Program. The Jackson County Sheriff s Office will also provide assistance, including accounting services, for training related to the program or other funds generated by the program; promote the program; and assist in developing funding sources to cover the cost of the program. The Jackson County Sheriff s Office will also provide funding to maintain a website for the purposes of reporting and education through You Have Options. Section 6. INDEMNIFICATION AND INSURANCE Each Participating Entity intends to be solely responsible for the actions of its Team Members while working with You Have Options. TO THE EXTENT PERMITTED BY THE OREGON CONSTITUTION, THE OREGON TORT CLAIMS ACT, AND ANY 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 SOLELY ARISING OUT OF THE NEGLIGENT ACTS OF ITS OWN OFFICERS, EMPLOYEES, OR AGENTS WHILE ACTING UNDER THIS AGREEMENT. Each participating entity shall provide for its You Have Options member, general, auto and professional liability coverage pursuant to the limits of the Oregon Tort Claims Act and subject to the limits of the Act 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 7. DURATION, WITHDRAWAL AND TERMINATION The term or duration of the agreement is from date of last signature through December 31 Sc 2015. Any Participating Entity may withdraw from You Have Options upon providing not less than 30 days' written notice to the other Participating Entities. In the event of such withdrawal, the Agreement shall remain in full force and effect as to all remaining Participating Entities. If any party withdraws from participating in the program, the remaining parties may enter into a new agreement to jointly manage the implementation of the national You Have Options Program. If they are unable to come to an agreement to jointly manage implementation the You Have Options program will revert in its entirety to the Ashland Police Department. Section 8. 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 9. 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 10. 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. Section 11. RESPECTIVE CONTACTS For the purposes of this agreement, the respective contact people shall be: Ashland Police Department: Chief Terry Holderness Jackson County Sheriff's Office: Sheriff Corey Falls Jackson County Sexual Assault Response Team: Susan Moen Should any of them step down from their position, they shall name their designee. Section 12. 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. Each party may disclose publicly the terms of this Agreement. By their signatures below, the Participating Entities to this Agreement consent to the terms, conditions, and content expressed herein and have executed this Agreement by their authorized representatives: P L,Q I-L U, 4 Ashland Police Department Date Chief Tighe O'Meara qAACL,,,- Jackson ounty Sexual Assault Response Team Date Susan Moen Jackson County Administrator Date Danny Jordan Approved as to Legal Suifi zi me y-, Davin Huseby Sr. Assistant county Counsel