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Home My WebLink AboutPD15-204 - Original - Washington State Patrol - Internal Administrative Investigation - 04/20/15 Rie c o rd's erne KENT Document WASHINGTON CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Washington State Patrol Vendor Number: JD Edwards Number Contract Number: PIS 31)Lf This is assigned by City Clerk's Office Project Name: Internal Administrative Investigation Description:` ❑ Interlocal Agreement ❑ Change Order ❑ Amendment 0 Contract ❑ Other: Contract Effective Date: 4/20/15 Termination Date: 6/30/15 Contract Renewal Notice (Days): NA Number of days required notice for termination or renewal or amendment Contract Manager: Jon Straus Department: Police Contract Amount: 8,000 Approval Authority: (CIRCLE ONE) Department Director Mayor City Council Detail: (i.e. address, location, 'parcel number, tax id, etc.): -As of: 08/27/14 STA 44 )AY;IN�t.FE � -� � JOI-IN R.9ATtSTC Governor wjr�)889 STATE OF WASHINGTON WASH 1 NGTON STATE PATROL Gerter l Adn iriistration Building d 1'Ca R07(42602 Olympia,WA'05b.4=26Q2 � (360).59G-4Q43 � %v%uty.Lvsp,tva.gav, Apri1,2 1. 201 City ofe*t Police Departm. ent Jon. #raus,Asslstsnt Chief 220, tn Ave. , Kent WA 98032 Subject: loternal Administrative Inve tlgat on,WS_P:Contract No. K'i 0702 Attached with this letter is one fully executed copy pf the above referenced Contract b6Wpen the lashington S#ate t'atrol and your agency: Please keep 11 s copy for your records. F'Iease use the Washington State Patrol track%ng number referenced above On all correspondence re atdi this agreement: If you need further.assistence, pease contact Ms. Rebecca l{irby a# budget and Fiscal Services; (364} 596- 0 [ Sincerely, Atlr, Robert L- Maki, CFE., CGFIVI Budge#and Psca! Services RLM:r k Ntachrbent r i NSPContract No.. WASHINGTGN STATE PATROL K947Q2 PRQPESSIONAL SERVICE'CON TRACT gW*ORT FORM, 0 ther Contract No. Adrhin strativ6 Investigation Services 1" r C, tra` t is tiefwee the State 'of INashn an Washin ton State Patrol aril the Contractor identified h,s . on r0p n g be;loW, and is overned V� cha Pter 3:9 26.RCW CQNTRACTOR NA"ME Contractor Doing'13-1"I`ness As(PBAj twit of Kent.Police De arfinent; Contractor Address Statewide Vendor Registration'Number 220 4`�'"Ave S. gent,'UVA 98032 Contact Name Contact Telephone sststant Ch ief Jon Straus. 253 856 5818 Contact Email Address - jstraus&entwa.�EIOV WSP Contact 11060 f f,on WSP Project;"Manager Name and:Title WSP Protect Manager Address : UP Jason Ashley WSP office, NO Igionat Standard PO.Box 4 W 9, o'I iri.is 1NA.9$604 261,1 Telephone E=mall Address 380U = 34.4 Jason�shle. ws .wa V. WSP Admin s#native Contact Name.and TiM WSP Adm�nistrative Contact Address Ms. Rebecca Kirby,"Contaac#s Specialist PO Box 42602 QI m ia, 985Q4,2602 ; Tele hone _ maI Address 360 596 407'i Rebecca,K�rb_' y@uvsp.Nva gov Contract Start Date" C;ontrac.#End Date Contract Maximum Amount 04120120 0 000f2015. _,: : . g .. i p d eference ATTACHMENTS When the boxes belovu are marked with'an X,the follow�n Exhibits are°attached to and i:ncor orate in this Contract by r Exhibit A,Back�round Checks wind Wsiver and Authorization to.Release IqN0006n shed Terms"and`Conditions and an. o#her documents incar grated :b: reference, This Contract, including the atta._ �... Y p_. .. g -p Y P. , g. p l con#sins eli of the terms and cand�tans a reed u cin b. :t1e_ art[es: No ether understandin s or representations. oral ar he sub'ect matter of-this Contract shall be deemed to exist or.brnd tho parties,The partEes sEgn r g E otleruvise, regarding t: 1 :. r.a t that:the ;h ve read and understand this Contract and:have the,authorit to enter.nto this Contracts beW .1Ara,.r .0 , .__ _� _ _., . FQR TIE WItASN1NGTO;N STATE PATROL; : Q THE NTRACI°C�Rs VVSP Sin u�e Qate C tracta" lgnature Date Printed Name and Title P n#ed N me and Tit` John R. Batiste, Chief , APPROVED AS TO t=O•RIVI BY THE E)FFIE THE ATTQRNEY CERIERAL 1QI16/2014 ; i 1 14 Statement of Work.WSP shall perform services for the Purchaser in accordance with Exhibit A, Statement of Work,which is attached hereto and incorporated herein. 2 Fees. The Purchaser shall reimburse WSP for services rendered under the terms of this Agreement according to the rates and fees established in Exhibit A,Statement of Work. 3. Payment for Services. WSP shall bill the Purchaser no more than once per month in accordance with this Agreement. WSP shall send billings and all related backup documents to the Purchaser billing address Identified on Page 1 of this Agreement. The Purchaser,shall reimburse WSP within 30 days of receipt of billing and support from WSP. Unless otherwise permitted Purchaser shall not pay any claims for services submitted more.than sixty(60)days after the calendar month in which the services were performed. 4 Advance Payments Prohibited. WSP shall not make any payments in advance or anticipation of the delivery of goods or services provided by the Contractor pursuant to this Contract. 5. Assignment, The Contractor may not assign this Contract,or any rights or obligations contained in the Contract,to a third party. 6. Compllance with Civil Rights Laws. During the period of performance for this Contract,the Contractor shall comply with all federal and state nondiscrimination laws. 7. 1 Confidentiality.,The Contractor shall not use or disclose any information concerning WSP,or information which may be classified as confidential,for any purpose not directly connected with the administration of this Contract 8. Contract Execution and Amendments. This Contract shall be binding on WSP only upon signature by the Chief of WSP or designee. WSP and the Contractor may mutually amend this Contract. Such amendments shall not be binding unless they are In writing and signed by personnel- authorized to bind WSP and the Contractor. 9. Contractor Certification Regarding Ethics. The Contractor certifies that the Contractor is in compliance with Chapter 42.52 RCW, Ethics in Public Service, and will comply with Chapter 42.62 RCW throughout the terra of the Contract. 10. Debarment Certification.The Contractor, by signature to this Contract,certifies that the Contractor is not presently debarred,suspended, proposed for debarment,declared ineligible,or voluntarily excluded by any Federal department or agency from participating in transactions(Debarred). The Contractor also agrees to include the above requirements in any an all Subcontracts Into which it enters.' The Contractor shall immediately notify WSP if,during the term of this Contract,Contractor becomes Debarred. WSP may immediately terminate this Contract by providing Contractor written notice if Contractor becoiries Debarred during the term hereof. 11. Dis utes. In the event that a dispute ute arises under this Contract; it shall be resolved b a Dispute Board, the following manner: The Chief of WSP shall appoint a member to the Dispute Board. The'Contractoi'shall appoint a member to the Dispute Board. The Chief of WSP and the Contractor f ` t a member to the Dispute Board. The Dispute Board shall evaluate the dispute shall ointi y appoint . and'ma Ake a determination of the dispute. The determination of the Dispute Board shall be final and binding�to all parties to this Contract. 12. Filing Re uiremen#, This Contract may be required#o be filed with the office of Financial 9R q Y Man agement;'(OFM). No contract required to be so filed is effective and no work shall be business.days following the date ofiling.,and if comma.cad made nail ten 10 bus fo n f n rtflr payment m d u { } y 9 required,until;approved by OFIUI. In the event OFM fails to approve the Contract, the Contract shall be nuli si4 void. 13.. Governing Law. This Contract shall be governed in all respects by the laws of the State of Washington. The jurisdiction for any action hereunder Shall be the Superior Court for the State of WSP Professional Service Contract Short form Page 2 of 5 10l46/2014 - Washington. The venue of any action hereunder shall be in the Superior Court for Thurston County, , State of Washington. 14. indemnification.The Contractor shall indemnify,defend and hold harmless WSP from and against all claims arising out of or resulting from the performance of this Contract. The Contractor expressly agrees-to indemnify,defend and hold harmless WSP for any claim arising out of or incident to the Contractor's performance or failure to perform this Contract. The Contractor shall be required to indemnify,defend and hold WSP harmless to the extent claim is caused in whole or in part by negligent acts or omissions of the Contractor. 16. Independent Capacity. The Contractor acknowledges that the Contractor is an independent contractor,and not an officer, employee or agent of WSP or the State of Washington The Contractor shall not hold itself out as,nor claim status as,an officer,employee or agent of WSP or the State of Washington. The Contractor shall indemnify and hold WSP harmless from all obligations to pay or withhold federal or state taxes or contributions on behalf of the Contractor or the Contractor's employees unless otherwise specified in this Contract. 16. Inspection;Maintenance of Records. During the term of this Contract and for one year following termination or expiration of this Contract,the Contractor shall give reasonable access to the Contractor's place of buslness and records to WSP and any other employee or agent of the State of Washington or the United States of America for the purpose of inspecting the Contractor's place of business and its records, and monitoring,auditing and evaluating the Contractor's performance and compliance with applicable laws,regulations,rules and this Contract. During the term of this Contract and for six years following termination or expiration of this Contract, the Contractor shall maintain records sufficient to document(1)performance of all acts required by statute,regulation, rule,or this Contract; (if)substantiate the Contractor's statement of its organization's structure,tax j status,capabilities and performance;and(fii)demonstrate accounting procedures, practices and records that'slu ficientiy and properly document the Contractor's invoices to WSP and all expenditures made by the Contractor to perform as required by this Contract. 17. Order of Precedence. In the event of any Inconsistency in the terms of this Contract,or between its terms and any applicable statute or rule the inconsistency shall be resolved by giving precedence in the following order to(i)applicable federal and state law,regulations and rules;(if)any other provision of this Contract;and(III)any document incorporated by reference. 18. Rights in Data. Unless'otherwise'provided,data that originates from this Contract shall be works for hire"as defined by the U.S. Copyright Act of 1976 and shall be owned by WSP. Data shall include,'but not be limited to,reports,documents,pamphlets,advertisements,books,magazines, surveys,studies,computer programs, films,tapes,.and/or sound reproductions. Ownership includes the right to copyrights, patent;re Ester,and the ability to transfer these rights. 9g Y 9 19. Savings. In the event that funds WSP relied upon to establish this Contract are withdrawn,reduced or'fmited,or if additional or modified conditions are placed on such funding,WSP may immediately terminate this Contract by providing written notice to the Contractor. This termination shall be effective on the date specified In the notice of termination: j 20. Severability. if any provision of this Contract or any provision of any document Incorporated by reference shall be held invalid,such invalidity shall not affect the other provisions of this Contract which can be given effect without the invalid provision, if such remainder conforms to the uirements of applicable law and the fundamental'purpose of this Contract,and to this end the cagy hp p p. provisions of this Contract are declared to be severable. 21. Site Security. While on WSP's premises,the Contractor shall conform in all respects with physical, fire*other security regulations communicated to the Contractor by WSP. 22, Statewide Vendor.Payment Registration. The Contractor is required to be registered as a Statewide Payee prior to submitting a request for payment under this Agreement. The Washington State Department of Enterprise Services(DES)maintains the Statewide Payee Registration System; WSP Professional Service Contract Short for, Page3of5 rm 10/16/201,4 T 1 to obtain registration materials go to http://www.des.wa.gov/services/ContractingPurchasinq/Busihess.NendorPay/Pages/default.aspx. 23. Subcontracting. The Contractor shall not subcontract any of the services provided under this Contract unless so specified in this Contract. 24. Termination. WSP may terminate the Contract by providing written notice to the Contractor. j Termination shall be effective as of the date specified In the notice of termination, WSP shall be liable for and shall pay for only those services authorized and provided through the date of termination. 26. Waiver. A failure by WSP to exercise its rights under this Contract shall not preclude WSP from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Contract unless stated to be such in writing and signed by an authorized representative of WSP and attached to the original Contract. i i i WSP Professional Service Contract Short form: Page 4 of 5 10/16/2414 1. Statement of Work. WSP shall perform an administrative investigations) relating to Purchaser employee misconduct. At the conclusion of the investigation(s),the,entire completed case file(s)will be delivered to the Purchaser including the interview, recordings. The WSP will not retain a copy of the investigative case file(s)or recordings. 2. Fees. The Purchaser shall reimburse WSP, an amount not to exceed the contract maximum consideration specified on Page 1 of this contract, based upon the following: • Actual salaries and benefits for hours worked by WSP investigators and support'staff performing the administrative investigation as estimated in Section 3, Rate Schedule, below; • Travel and per diem at current State of Washington travel reimbursement rates; • Mileage at$.697 per mile or the current WSP mileage rate; • Actual direct costs required by the investigation, including transcription fees; and • Indirect costs applied against direct costs(,charged to the Purchaser under this Agreement at 1NSP's current federally approved indirect rate. 3 Rate Schedule. Estimated hourly rates for this Agreement are: QPS.Detective Sergeant Regular Time rate-$65.00 and Over#ime rate=$95.00(effective through .tune 30'2015). See Exhibit B for fhe cafes effective July 1 2015. i i WSP Professional Service Contract Short form Page 5 of 5 10/16/2014 KENT POLICE DEPARTMENT CONTRACT RATES EX141BIT B FYI 'Through June 30,2015) Classification: Detective Sergeant Regular,Hourly Rates Overtime Rate; 05.00 Rates Include Sal /Benefits and 25.63%Indirect Rate Charge FY1G{Srtuig July 1 201 } NEW RATE BASED ON INCREASED HEALTH CARE COSTS Classification: Detective Sergeant Regular Hourly Rate: 69.00 Overtiine Rate: 100.00 Rates Include Salary/Benefits and 29.50%Indirect Rate Cliarge EWE \VSP Contract No.K.10702