Loading...
HomeMy WebLinkAbout96- County/City Civilian Evidence Technician ... ., . . , - '" INTERLOCAL AGREEMENT GALLATIN COUNTY - CITY OF BOZEMAN ClVILIAN EVIDENCE TECHNICIAN THIS AGREEMENT is made and entered into this 11 th day of January, 1996, between Gallatin County, Montana (County) and the city of Bozeman, Montana (City). WHEREAS, the city of Bozeman Police Department (Police) and the Gallatin county Sheriff's Department (Sheriff) face the challenge of keeping pace with a growing and ever-changing community and county population. In particular, the calls for service and the increase in criminal activity are causing the Police and Sheriff to refocus their efforts; and WHEREAS, the results of this complex and changing environment include increased budget constraints and the need to re-evaluate the role of the agencies of the Police and the Sheriff, especially in the handling of evidence. An intergovernmental cooperation arrangement between the Police and the Sheriff is deemed an efficient and desirable means for effectively addressing the entire scope of evidence handling and preservation. NOW, THEREFORE, the County and city agree as follows: 1. PURPOSES OF INTERLOCAL AGREEMENT. It is the purpose of this agreement to create and utilize the position of "Civilian Evidence Technician" (CET) , as a means to effectively and efficiently handle evidence for both the Police and the Sheriff and to establish the duties of the CET. 2. STATEMENT OF AGREEMENT. The City shall recruit and hire a Civilian Evidence Technician (CET). In the hiring process the Sheriff shall designate a member of the Sheriff's Department to serve on the hiring committee. 3. SEPARATE LEGAL ENTITY. There shall be no separate legal entity created as a consequence of this Agreement. 4. DURATION. This Agreement shall be for a period of three (3) years from the date stated in the first paragraph of this Agreement. 5. SUPERVISION OF CET. The CET shall be an employee of the city and shall be supervised by the Police. The CET is accountable to the Police for all disciplinary and supervisory matters. The Sheriff shall refer all concerns about the CET to the Police. Prior to any evaluation or disciplinary action of the CET, the Sheriff shall be given an opportunity to provide comments. The Police shall inform the Sheriff about any changes to the position. .,. ' ,. 01 .... The Sheriff may submit comments concerning the changes. 6. DUTIES OF CET. The duties of the CET shall include but not be limited to the fOllowing. The final job description shall be determined by the Police and the Sheriff. A. Under the general supervision of the Police the CET shall perform a variety of technical, clerical and administrati ve duties invol ved in the maintenance and processing of criminal evidence. B. The CET shall testify in court as a witness as required. C. The CET shall receive, account for and lawfully dispose of all evidence and property taken into custody by the Police and Sheriff. D. The CET shall follow established procedures of both the Police and Sheriff E. The CET shall make recommendations for work improvement. F. The CET shall perform general technical duties in support of law enforcement agencies. 7. TRAINING OF CET. The city and County shall provide proper and adequate training for the CET on an equal cost share basis. The city shall provide the necessary training time for the CET. 8. HOURS OF DUTY. The hours of duty for the CET shall be 7:30 a.m. to 4:30 p.m., Monday through Friday, which may be subject to change in accordance with city policy. 9. EQUIPMENT. The City and County shall provide the equipment and resources necessary for the CET to perform the duties on an equal cost share basis. Property provided by either party shall be appropriately identified by that party and ownership of that property remains with the providing party. Property purchased jointly shall be divided in accordance with section 12 of this Agreement. 10. SHERIFF CONTACT PERSON. The Sheriff shall designate a person of authority in the Sheriff's Department to act as a contact person for the CET for sharing information and discussing areas of concern (line of accountability). 11. FINANCING. In addition to payment of other costs in this agreement the City and County shall equally share in the costs of the salary and benefits for the CET in accordance with city payroll 2 . ~ standards. 12. PROPERTY INTEREST. Ownership of property purchased by the County or City before the execution of this Agreement shall be retained by the entity which purchased the property. Ownership of any property which is separately purchased by the County or city during the term of this Agreement shall be the sole property of the entity which purchased the property. Ownership of property which is jointly purchased by the County and City shall be divided according to Section 13. 13. TERMINATION AND PROPERTY DISPOSAL. This Agreement shall be automatically renewed for the same term in Section 4 unless otherwise terminated. Either party may terminate this Agreement, without cause, upon furnishing the other party sixty (60) days written notice thereof. Upon termination, all property purchased or owned solely by the city or County either before or during the term of this Agreement shall revert to the purchasing party. Upon termination, the party to whom the written notice of intent to terminate is given shall have the option to purchase all of the property which was jointly purchased by the parties during the term of this Agreement at its fair market value at the time of termination, to be mutually agreed upon between the Police and the Sheriff. If the parties are unable to agree on the valuation of the property, such fair market value shall be determined by three appraisers, one to be chosen by each party and the third to be chosen by the two chosen appraisers. In the event that the other party does not purchase the property, the jointly purchased property shall be divided between the parties in the same proportion that the original contribution made by the parties bears to the original purchase price. 14. MEDIATION. Should a question or dispute arise as to the meaning of any provision of this Agreement or to the scope of this Agreement, the question or dispute may be submitted to a mediator chosen from the Gallatin County Bar Association. A request to mediate shall be submitted in writing by the party desiring mediation and shall specify the question or dispute for mediation. within ten (10) working days after receipt of a request for mediation, the party receiving the request shall submit a written response stating its position on the question or dispute. If no agreement or resolution is reached within ten (10) working days after receipt of the response by the requesting party, the party requesting mediation shall provide a list of three (3) names from the Gallatin County Bar Association. Upon receipt of 3 }. "'" . .. . . .- .- the list of names the party not requesting mediation shall strike a name from the list. The other party shall then strike a name. The person left shall be the mediator. The decision of the mediator is not binding on the parties. Each party shall be equally responsible for the costs of the mediator. The mediator shall only issue a decision with respect to the question or dispute. 15. NON-WAIVER . Waiver by either party of strict performance or any provision of this Agreement shall not be a waiver of or prejudice the party's rights to require strict performance of the same provision in the future or of any other provisions. 16. TIME OF ESSENCE. It is mutually agreed that time is of the essence in the performance of all covenants and conditions to be kept and performed under the terms of this Agreement. 17. HEADINGS. The section headings contained herein are for convenience and reference and are not intended to define or limit the scope of any provision of this Agreement. 18. NOTICES. All notices required under this Agreement shall be deemed to be properly served if delivered in writing, personally or sent by certified or registered mail to the last address previously furnished by the parties hereto. Until hereafter changed by the parties by notice in writing, notices shall be sent to the Chairman of the Gallatin County Commission, Courthouse, 311 West Main st., Bozeman, Montana 59715, and to the city Manager, city of Bozeman, Box 640, Bozeman, Montana 59715. The date of mailing shall be deemed the date of giving such notice and service thereof. 19. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties. No alterations, modifications, or additions to this Agreement shall be binding unless reduced to writing and signed by the parties to be charged herewith. No covenant, term or addition to this Agreement shall be deemed waived by either party unless such waiver shall be reduced to writing and signed by the parties. 20. AMENDMENTS. The terms and conditions of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. No oral modification shall be enforceable. 21. SEVERABILITY. The provisions of this Agreement shall be deemed independent and severable, and the invalidity, partial invalidity, or unenforceability of anyone provision or portion thereof shall not affect the validity or enforceability of any other provision herein. 4 '3. .... . .... .... J "" 22. EFFECTIVE DATE. This Agreement shall be effective after approval by the respective governing bodies. It is the intent that said Agreement shall be effective on the date stated in the first paragraph of this Agreement. 23. RECORDATION. This Agreement shall be filed with the Gallatin County Clerk and Recorder and Montana Secretary of state as required by section 7-11-107, MCA. COUNTY COMMISSIONERS COUNTY, MONTANA "- (absent) Member "Qt2~ I~~ Member ATTEST: "'-5Af~~~ m {,Ii"z Clerk and corder L--)t~O~legal co tent: Ga l{tin C . ty Attorney ~~~heriff \jj~ Bozeman Chief of Police 5