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HomeMy WebLinkAboutAgenda 09-07-1993 - VIII-D • ORANGE COUNTY BOARD OF CC'_21ISSIONERS • Action Agenda Item No . tl1 'D ACTION AGENDA ITEM ABSTRACT Meeting Date : September 7 , 1993 s:BJ=C"r: Interlocal Agreement between the University of North Carolina at Chapel Hill and Orange County for Joint and Cooperative Arrange- ments fo c ttystRd_ the PrnYi si nn.p.f- Taw Enforcement-Personnel DE?ARTME1"ft County 1N2ger1Countyy HEARING YES : NO : X -A±tornney;-Sheriff•-- John Link , cam, INFORMATION CONTACT : Geoffrey Gledhill Agreement (732-2196) TELEPHONE NUMBER- Lind Pendergrass 8/20/93 memo from Sheriff ' Hillsborough - 732-811 Pendergrass to Moses Carey, Jr . Chapel Hill - .968-4501 ,Mebane - 227-2031 Durham - 688-7331 PURPOSE: To consider an interlocal agreement between Orange County and the University of North Carolina at Chapel Hill which will provide for the reimbursement to Orange County of the personnel expenses of Orange County sheriff deputies providing security for major UNC events (principally sporting) . BACKGROUND: Historically members of the Orange County Sheriff 's Department have "worked" UNC home football games, basketball games and other major University functions and provided security for those functions . They have done so pursuant to an interlocal agreement between the University and Chapel Hill . Under that agreement, Chapel Hill paid these employees for their time and was reimbursed for those payments by the University. The agreement between the University of North Carolina and Chapel Hill has been terminated. The agreement which is attached will replace it insofar as Orange County deputy sheriffs are concerned. The Orange County deputy sheriffs will "work" the University functions and be paid for that work by Orange County. The University will be billed for the County' s personnel expense associated with the deputies working these events . The University will provide the vehicles and other equipment necessary for the security work performed by the deputies . This agreement is similar to but slightly different than a so- called mutual assistance agreement in which the heads of a local government law enforcement agency provide mutual assistance to each other as needed. Under a mutual assistance agreement typically there is no reimbursement of costs to the assisting jurisdiction. And, although a mutual assistance agreement can be initiated and implemented directly by the head of the law enforcement agency of the unit of local government, an interlocal agreement providing for compensation to the assisting law enforcement agency needs Board approval . RECOMMENDATION: The County Manager and the County Attorney recommend that the Board approve the agreement effective September 1, 1993 provided satisfactory arrangements are made for either: ( 1) the reimbursement to the County for the use of any County facilities or equipment ( including Sheriff 's vehicles used to transport deputies to the University) used during the event coverage or (2) assurance that County equipment and facilities will not be used during the event coverage. STATE OF NORTH CAROLINA ORANGE COUNTY This Contract dated Sept. 1 , 1993, between The University of North Carolina • at Chapel Hill (the "University") and the County of Orange (the "County") for joint and cooperative arrangements for security and the provision of law enforcement personnel at certain major University events. WITNESSETH WHEREAS, the County and the University have historically cooperated and worked jointly on innumerable matters of concern or interest; and WHEREAS, the County and the University have entered into a Mutual Assistance Agreement dated July 21, 1992; and WHEREAS, certain University sporting events, such as the.University's home football and basketball games, and other events at the Student Activities Center, such as concerts, bring fans and alumni to Chapel Hill and Orange County to enjoy the campus and visit Chapel Hill and Orange County; and WHEREAS, the.provision of adequate security, traffic direction, and law enforcement • personnel at such home football and basketball games or other special events is a matter of mutual concern and interest to the University and the County; and WHEREAS, detailed joint and cooperative arrangements with respect to such home football and basketball games and special events will mutually benefit the University and the County; and WHEREAS, the County and University desire to provide such cooperative security arrangements in addition to any requests for assistance under the Mutual Assistance Agreement; NOW THEREFORE, in consideration of the premises and the mutual covenants and conditions set forth below, the County and the University agree as follows: 2 1. The County agrees to provide up to fifteen (15) sworn law enforcement officers for each 1993 University home football game. 2 . the County agrees to provide up to fifteen (15) sworn law enforce- ment officers for each 1993-94 University home men's varsity basketball game. 3 . The County agrees to provide, if requested, up to fifteen (15) sworn law enforcement officers for each 1993-1994 University special event at the Student Activities Center, such as concerts. 4 . The County agrees to keep records of the services provided to the University under this contract and to provide such records to the University upon request. 5. The following services shall be provided by the County's law enforcement officers: traffic direction, security, emergency medical assistance, crowd control, patrol and surveillance and other law enforcement duties requested by the University and related thereto ("the law enforcement services") . The law enforcement services hereunder shall also include protective patrol of the event site and designated adjacent properties prior to, during and for a reasonable time after the end of the event. 6. The University will provide transportation on campus and communications equipment to the County's law enforcement officers while they are assigned to contracted duties for the University. The County shall provide all other equipment necessary to perform the law enforcement services. The University shall pay the costs of transportation and communications equipment which it provides for the County's law enforcement officers. The County shall pay the equipment costs of all other necessary equipment and the University shall reimburse the County for the costs in the amount included for that purpose in the statement to the University from the County described in paragraph seven of this Contract. 7 . The University shall compensate the County for the law enforcement services provided pursuant to this contract by paying to the County an amount equal to one and one half times the salary of each officer provided to the University, including supervisory personnel, plus associated employer payments to FICA and retirement accounts for said employees. Payment shall be made within thirty (30) days of receipt of a statement from the County following each event for which services are provided. The statement shall be sent to 3 Chief Alana M. Ennis, Security Services Building, Campus Box 1600, University of North Carolina at Chapel Hill, Chapel Hill, NC 27599-1600. Payment shall be made to the order of the County and delivered to the County's Finance Officer, 106 East Margaret Lane, Hillsborough, NC 27278.. 8. The County and the University shall each designate one person as its official contact person for purposes of implementing and administering this contract. The University and the County shall consult in a timely fashion regarding the "law enforcement services" for each respective home football/basketball game or special event. The County agrees to consider and use its best efforts to be responsive to all reasonable University needs and requests relating to the law enforcement services hereunder. 9. While performing law enforcement services for the University, the County's law enforcement officers shall be subject to the lawful operational commands of the officer in charge of the division to which they are temporarily assigned and shall operate under his or her direct supervision. 10. Nothing contained herein is intended to alter or abridge the employment relationship between the County and its employees. Any disciplinary actions arising out of the temporary work assignment of the County's officers will remain the responsibility of the County. At any time, the University's officers in charge of the division to which any County officer is assigned may relieve such County officer of his or her duties being provided under this contract and such University officer shall immediately forward a written statement setting forth the reason for such action to the County's officer in charge of the division to which that County officer is permanently assigned. 11. The officers providing the law enforcement services shall report to Kenan Stadium, Student Activities Center, or their other work stations, at least two hours before the official starting time for the game or other special event for briefing by the University. The officers shall not be released from their respective assignments until dismissed by the University's Chief of Police or her designee. 4 12. All County law enforcement officers providing the law enforcement services to the University shall be subject to the County's medical and hospitalization insurance, or Workers' Compensation coverage. 13. The parties may agree to law enforcement services for additional athletic or special events in accordance with the terms of this contract. 14. The contract will be reviewed annually no later than July 1, and may be renewed, modified, or amended at that time, or at any other time, upon the mutual written agreement of the parties. 15. This contract may be terminated at any time by either party by giving 90 days notice to the other party in writing. 16. If either party defaults in its obligations and does not cure such default within ten (10) days of receipt of notice of such default, the non-defaulting party may immediately terminate the contract. 17. No transfer or assumption of additional liability for the acts of any law enforcement officer is intended by the parties to this contract. IN WITNESS WHEREOF, the parties hereto have duly and validly authorized and executed this contract as of this 7day of _ -_.,r emu,. , 1993. COUNTY OF O c - • • C./1 f ' " Sheriff of Orange County Attest: s County i erk Count,' anage Approved as to form•iff/A4 ka aunty •f! n 5 This instrument has been preaudited in the manner prescribed by the North Carolina Local Government. Budget and Fiscal Control Act. Finance Director THE UNIVERSITY OF NORTH CAROLINA AT CHAPEL HILL 6-2/0r ' Alana M. Ennis, Chief of Police and Director of Public Safety By: Wayne Jones Vice Chancellor, Business and Finance / LAW OFFICES .k COLEMAN, GLEDHILL & HARGRAVE s ALONZO BROWN COLEMAN,JR. A PROFESSIONAL CORPORATION GEOFFREY E.GLEDHILL DOUGLAS HARGRAVE 129 E.TRYON STREET P.O.DRAWER 1529 KIM K.STEFFAN JANET B.DUTTON HILLSBOROUGH,NORTH CAROLINA 27278 c- .,g (919)732-2196 DOUGLAS P.THOREN FAX(919)732.7997 SAMUEL ELY COLEMAN November 30, 1994 Mr. Rod Visser Assistant County Manager Orange County Post Office Box 8181 Hillsborough, North Carolina 27278 RE: Interlocal Agreement Between UNC and Orange County for Joint and Cooperative Arrangements for Security Dear Rod: "Your" file sir is enclosed. Per the last sentence of my February 16, 1994 letter, please provide me with a copy of the signed and revised contract and the cover letter for my files . Very truly yours, COLEMAN, GLEDHILL & HARGRAVE, P.C. Gffrey .___Gledhill GEG/lsg Enclosures ' lsg\home3\visser2.ltr , f , D 4.1 7 c, `` ' 4-4 ' ter egrAfri, -was ..., , ✓�:s."`°% - w <fM 44�. ORANGE COUNTY HILLSBORO LTGH NORTH CAROLINA ✓�.T.aiea�er-'r,Q &rlaairized 7762 February 14, 1995 Alana M. Ennis Chief of Police and Director of Public Safety Campus Box 1600 University of North Carolina at Chapel Hill Chapel Hill, NC 27599-1600 Dear Chief Ennis: Attached is a revised page two of the agreement between the University and the County related to support of University special events by Sheriff's department employees. This page reflects the agreement as approved by the Board of Commissioners in September 1993. The only change from the original proposed agreement is t'he final sentence of section 6, which indicates that the University will reimburse the County for its equipment costs This section addresses the practice employed since implementation of the agreement that the University reimburses the County at a rata otY 3 cents per mile. It is my understands ng that the arrangements ;included in the agreement have been working ,very',well ;l Dope that success continues, and invite you Fta calf me :with any questions you may have ab t' the ac ree ent Sincerely, Roderick Visser Assistant County Manager AREA CODE (919) 732-8181 • 968-4501 • 688-7331 • 227-2031 • FAX (919) 644-3004 Ext, 2300 7 To: Mr. Moses Carey Jr. Chairman OCBOC From: Sheriff Lindy Pendergrass Re: UNC-Chapel Hill Police Contract Request Date: August 20 , 1993 Chairman Carey, Alana Ennis Director of UNC Police has request personnel assistance of the Sheriff ' s Office. The assistance requested is for our personnel to work ball games and other functions on UNC Campus. They have proposed to me to contract these services . The contract would be between Orange County Sheriff ' s Office- Orange County and UNC. We have asked Ken Chavious about the contract he has no problems with billing UNC and paying our personnel. However he believes that you should look this over while it is in the talking stages . If you would look this over and let me know what questions you may have. UNC would be given a bill by Ken Chavious each month, Ken would then pay the employee by check. All fringe benefits would be paid by UNC, these include FICA and Retirement. Please look this over and give me a call. I would appreciate your thoughts. Thanks ,