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HomeMy WebLinkAboutPD05-357 - Original - State of WA Department of Corrections - Community Corrections Officers (CCO's) Contract No.COCO7094 - 01/01/2007 t ti1AT�,, Suite odf Waielh6inigtoain �`� �r � 4 Depaurtinnicinut (of Co)inreciti(a]r115 = Conn itira (at No., C000710)9 [ f61R O This 11inteirl(o)(aatl A irceinneinut ("Agreement") is made by the state of Washington, Department of Corrections, hereinafter referred to as Department, and the City of Kent Police Department, hereinafter referred to as Agency. WHEREAS, RCW Chapter 39 34 (Interlocal Cooperation Act) permits state agencies and local Governments to make the most efficient use of their powers by authorizing them to enter into Agreements with each other, in order to provide services and facilities in a manner best serving the needs and development of their local communities: and WHEREAS, the purpose of this Agreement is to allow Department to place Community Corrections Officers ("CCO's") at the premises owned/operated by Agency located at 220 Fourth Ave. S., Kent, WA 98032 ("Premises"). NOW THEREFORE, in consideration of the terms and conditions contained herein, Department and Agency agree as follows: 1. Agency Responsibilities: Agency shall provide: A. Office space for one (1) CCO at Premises. B. Provide a dedicated telephone line for use of a laptop computer, and a connection to incoming telephone lines. C. That premises will be accessible to the CCO seven days a week, twenty-four hours per day. D. A mail box slot at Premises to which CCO has access. E. Janitorial service for the office space. F. Space for a reporting kiosk, if applicable. 2. Department Responsibilities: Department shall: A. Staff the office one or two days per week, generally from 8 a.m. to 5 p.m. B. Keep the office space clean C. Wear Department identification at all times when within the building. D. Escort visitors at all times while within the building. E. Maintain a visitor's log, and require all visitors to the CCO to sign their names in the log and enter the time at which they enter and exit the building. F. Schedule offenders visits to ensure that only one offender is in the office at any time. G. Obtain, install, and maintain a reporting kiosk and phone lines, if applicable. 3. Mutual benefits: This Agreement improves both parties ability to carry out public safety responsibilities through: A. Joint Operations covering events, holidays, and home/field contact. B. Immediate response regarding felons under Department supervision. C. Joint involvement in Community groups. State of Washington C0007094 Page 1 of 3 Department of Corrections 4. Access to information: A. Access to all Department computer systems and files are restricted to the CCO. Department will follow its policy for dissemination of any information from its computer systems and files. B. Access to all Agency computer systems and files are restricted to Agency personnel unless trained and authorized The Agency will follow its policy and applicable law concerning dissemination of all Agency information. 5. Term: This agreement shall take effect January 1, 2007 and shall continue in effect until February 28, 2009. Such term may be extended by the mutual agreement of the parties hereto for up to two (2) one-year periods Either party may terminate this Agreement by giving thirty (30) days written notice to the other. 6 Hold Harmless: Each party to this Agreement shall be responsible for its own acts and/or omissions and those of its officers, employees, and volunteers. No party to this Agreement shall be responsible for the acts and/or omissions of entities or individuals not a part to this Agreement. 7. Contact Persons: The parties stipulate that the following persons shall be the contact person for their respective jurisdiction. A. Captain Mike Painter, City of Kent Police Department, 220 S. 4`h Ave., Kent, WA 98032, (253) 856-5820, police@ci.kent.wa.us. B. Kim Dewing, Community Corrections Supervisor, 606 W. Grove St., Kent, WA 98032, (253) 372-6451, kgdewing@doci.wa.gov. 8. Nothing herein shall require or be interpreted to: A. Waive any defense arising out of RCW Title 51. B. Limit or restrict the ability of either entity or employee or legal counsel for either entity or employee to exercise any right, defense or remedy which a party to a lawsuit may have with respect to claims for third parties, including, but not limited to, any good faith attempts to seek dismissal of legal claims against a party by any proper means allowed under the civil rules in either state or federal court. 9. General Provisions: A. Entire Agreement. This Agreement contains all of the terms with respect to any matter covered or mentioned in this Agreement. B. Modification. No provision of this Agreement may be modified except by written agreement signed by the Parties. C. Successors, This Agreement shall be binding upon the Parties' successors in interest, heirs, and ensigns. D. Severabdity. Any provision of this Agreement which is declared invalid or illegal shall in no way affect or invalidate any other provision. E. Default. In the event that either of the Parties defaults on the performance of any terms of this Agreement or either party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. F. Venue. The venue for any dispute related to this Agreement shall be Thurston County, Washington. G. Waiver Failure of the Agency to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive State of Washington C0007094 Page 2 of 3 Department of Corrections i such breach or default. Time is of the essence of this Agreement and each and all of its provisions in which performance Is a factor. H. Performance. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. 10. Governance: This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the Inconsistency shall be resolved by giving precedence in the following order: A. Applicable state and federal statutes and rules; B. Statement of work; and C. Any other provisions of the Agreement, including materials incorporated by reference. THIS Interlocal Agreement, consisting of three (3) pages, is executed by the persons signing below who warrant that they have the authority to execute the Agreement. CITY OF KENT POLICE DEPARTMENT DEPARTMENT OF CORRECTIONS (signature) (Signature) 9 ) Steve Strachan Gary Banning (Printed Name) (Printed Name) Chief of Police Contracts Administrator (Title) (Title) (Date) (Date) Approved as to Form: This Interlocal Agreement format was approved as to form by Pete Berney,AAG,of the Office of the Attorney General,on December 8,2006 State of Washington C0007094 Page 3 of 3 Department of Corrections