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  Consent-General Government   # 10.       
Board of Supervisors County Counsel  
Meeting Date: 11/19/2019  
Brief Title:    Sheriff's funding agreement with YDWN
From: Phil Pogledich, County Counsel
Staff Contact: Phil Pogledich, County Counsel, x8172
Supervisorial District Impact:

Subject
Approve an agreement with the Yocha Dehe Wintun Nation providing funding commitments for Sheriff's deputies and vehicles. (No general fund impact) (Pogledich)
Recommended Action
Approve an agreement with the Yocha Dehe Wintun Nation providing funding commitments for Sheriff's deputies and vehicles, subject to final minor edits approved by the Sheriff and County Counsel in consultation with the County Administrator.
Strategic Plan Goal(s)
Operational Excellence
Thriving Residents
Safe Communities
Reason for Recommended Action/Background
In 2017, the Board approved an intergovernmental agreement (“2017 IGA”) with the Yocha Dehe Wintun Nation (“Tribe”).  The 2017 IGA is included as Attachment A.  The IGA covers a broad range of topics, including funding for law enforcement in the Capay Valley.  Its provisions on law enforcement funding contained some flexibility and envisioned further discussions regarding deputy and vehicle funding.
 
Consistent with these provisions, Sheriff Lopez recently approached the Tribal Council to discuss changes to funding allocated by the 2017 IGA to deputies and vehicles.  The result of his discussions is the attached agreement (Attachment B), which is essentially in final form. 
 
The agreement, if approved, would supersede provisions of the 2017 IGA with a new agreement on the following discrete topics:
  •  It would increase deputy funding from up to $300,000 (depending on actual deputy costs) to a firm $680,000 annually.  This is intended to allow the hiring of two additional deputies to patrol the Capay Valley area, above and beyond the two deputies funded under the 2017 IGA.
  • It includes a tribal commitment (no fixed dollar amount) to fund 2-3 enforcement vehicles as the deputies are added, as well as subsequent replacement vehicles “at reasonable and customary intervals.”  The 2017 IGA required the Tribe to fund 2-4 additional vehicles and included identical replacement language.
  • It would implement a slightly more generous annual COLA of up to 3%, versus 2.15% every three years under the 2017 IGA. 
 The term of the agreement is 20 years, aligning with the remaining term of the 2017 IGA. 
 
Staff recommend Board approval of the new agreement.  Final approval by the Tribal Council is expected shortly.  The attached agreement is marked "draft" in anticipation of the possibility of minor edits.  In the event of any minor changes to the agreement before it is finalized, the recommended action provides limited flexibility to the County Counsel and Sheriff to accept such changes in consultation with the County Administrator without returning to the Board.
Collaborations (including Board advisory groups and external partner agencies)
Sheriff, CAO, Yocha Dehe Wintun Nation.
Competitive Bid Process
As this is an agreement that provides funding to the County, it is not subject to a competitive solicitation process.
Attachments
Att. A. IGA 2017
Att. B. 2019 Funding Agreement

Form Review
Inbox Reviewed By Date
Phil Pogledich Phil Pogledich 11/13/2019 06:11 PM
Tom Lopez Tom Lopez 11/14/2019 11:20 AM
Financial Services mqader 11/14/2019 01:17 PM
County Counsel (Originator) Phil Pogledich 11/14/2019 02:20 PM
Form Started By: Phil Pogledich Started On: 10/31/2019 12:05 PM
Final Approval Date: 11/14/2019

    

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