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AI- 3589   12. B. 3.    
BOC Regular
Meeting Date: 07/15/2021  
Approval of the 2021 Homer Village Law Enforcement Contract
FROM: Jim Dyer, Corporation Counsel, Corporation Counsel
Department: Corporation Counsel  

Information
RESOLUTION:
Resolved that the Calhoun County Board of Commissioners does approve the revised 2021 Homer Law Enforcement Agreement, as presented.
RECOMMENDATION:
The Calhoun County Sheriff and County Administration recommend approval of the resolution. The proposed 2021 version of the Homer Law Enforcement Agreement was prepared by the Corporation Counsel.
BACKGROUND:
In 2014, the Calhoun County Sheriff entered into an Agreement with the Village of Homer to provide law enforcement services. At that time, the Sheriff absorbed the existing personnel and equipment of the Homer Police Department. The essence of the contract, then and now, was that these services would be provided at actual cost plus an additional 5% to cover the administrative cost of the Agreement. A 2017 addendum to the Agreement modified the schedule and number of hours of coverage provied and clarified that the cost of maintaining vehicles would be be directly borne by the Village.

The main purpose of this proposed 2021 Agreement is to change Paragraph 4.1 which describes the procedure for disposition of equipment and vehicles transferred to County ownership for law enforcement use. This transfer of ownership is advisable for liability and insurance purposes. Currently, paragraph 4.1 of the agreement states:
 
 ". . . if this Agreement is terminated prior to the equipment reaching the end of its service life, COUNTY shall either, at the sole election of the COUNTY, transfer the equipment back to the VILLAGE or pay the VILLAGE the depreciated value of the equipment." 
 
The Village has requested, and the Sheriff agrees, that the Agreement should be changed to permit the Village to exercise this discretion, rather than the County. The need for this change became apparent after the Village purchased a new vehicle, but was reluctant to transfer title to the County given the existing terms of the Agreement. This change is particularly appropriate now that any equipment that is acquired by the Village and transferred to the County for use in this Agreement will most likely be new, rather than the ageing equipment transferred in 2014, at the time the Agreement began. The possibiloty that the Village would purchase new equipment after the Agreement was in effect was not considered by the parties in 2014.

The proposed modification to paragraph 4.1 reverses this provision and would read, if approved:
 
If this Agreement is terminated prior to the equipment reaching the end of its service life, the VILLAGE shall either, at the sole election of the VILLAGE, request in writing that the equipment title be transferred back to the VILLAGE, or offer the equipment to the COUNTY for sale at its depreciated book value, or appraised value, as the Parties may mutually agree, at the time of transfer.
 
This change addresses the concern expressed by the Village, eliminating the problem that transferring a new vehicle might result in a loss of the value of that asset on contract termination.

Finally, the 2021 proposed Agreement eliminates any provisions of the 2014 Agreement requiring the County to hire existing Homer law enforcement personnel and acquire the existing used equipment of the Village. Those provisions have already been fullfilled. It is no longer necessary to carry them forward into the future.

Other than the modifications noted above, the proposed 2021 contract continues the existing terms, and the financial and operational commitments of the 2014 Agreement.
ALTERNATIVES:
As suggested by the Commission.
SUMMARY:
The Calhoun County Sheriff and County Administration recommend that the Calhoun County Board of Commissioners approve the 2021 Homer Law Enforcement Agreement, subject to minor modifications of the Agreement acceptable to the Administrator/Controller and Corporation Counsel. The Agreement is expected to be considered by the Homer Village Council at its July 12, 2021 meeting. 

Fiscal Impact
BUDGETARY IMPACT:
None anticipated. The changes to the Agreement do not modify its financial provisions. The most significant modification is a change to paragraph 4.1 that modifying the way property is transferred between the parties at the end of the Agreement. The proposed change gives the Village, rather than the County, the discretion to request return of any property that the Village had previously transferred to the County. Alternatively, the Village and the County could mutually agree to sell that equipment to the County. This would occur only at the time the Agreement was terminated, and would not have a continuing impact on the County General Fund.
Attachments
2021 Homer Law Enforcement Agreement

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