HomeMy WebLinkAboutCAG2022-224 - Original - Washington State Dept. of Corrections - MOU: Community Corrections Officer (CCO) Shared Office Space Agreement - 03/30/2025ApprovalOriginator:Department:
Date Sent:Date Required:
Authorized to Sign:
Director or Designee
Date of Council Approval:
Grant? Yes No
Type:Review/Signatures/RoutingComments:
Date Routed to the City Clerk’s Office:Agreement InformationVendor Name:Category:
Vendor Number:Sub-Category:
Project Name:
Project Details:
Agreement Amount:
Start Date:
Basis for Selection of Contractor:
Termination Date:
Local Business? Yes No*
Business License Verification: Yes In-Process Exempt (KCC 5.01.045)
If meets requirements per KCC 3.70.100, please complete “Vendor Purchase-Local Exceptions” form on Cityspace.
Notice required prior to disclosure?
Yes No
Contract Number:
Agreement Routing Form
For Approvals, Signatures and Records Management
This form combines & replaces the Request for Mayor’s Signature and Contract Cover
Sheet forms.
Visit Documents.KentWA.gov to obtain copies of all agreementsadccW22373_1_20
Budget Account Number:
Budget? Yes No
Dir Asst:
Sup/Mgr:
Dir/Dep:
rev. 20210513
FOR CITY OF KENT OFFICIAL USE ONLY
(Optional)
* Memo to Mayor must be attached
Washington State
Department of Corrections
Contract No. Kl2852 7rlht&.§ M[ieinrno1r,,mrndrnnrn off 1U[1nucllie1rn1t.aumd[1rng ("MOU") is made and entered into by and between the Washington State Department of Corrections, hereinafter referred to as "DOC" or "Department" and the Kent Police Department, hereinafter referred to as "Agency" pursuant to the authority granted by Chapter 39.34 RCW. WHEREAS, it is the purpose of this agreement 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, or attached and incorporated and made a part hereof, the Department and Agency agree as follows: 1.STATEMENT OF WORKAgency 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 incomingtelephone lines.C.That premises will be accessible to the CCO seven days a week, twenty-four hours per day.D.A mailbox slot at Premises to which CCO has access.E.Janitorial service for the office space.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 cleanC.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 andenter the time at which they enter and exit the building.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.2.PERIOD OF PERFORMANCESubject to its other provisions, the period of performance of this Agreement shall commence April 01, 2022, and be completed on March 30, 2025, unless terminated sooner or extended, as provided herein. 3.PAYMENTState of Washington
Department of Corrections
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Attachment B
The parties agree that there is no cost associated with the performance of this contract and no monies
will be exchanged.
4. AGREEMENT CHANGES MODIFICATIONS AND AMENDMENT5
This Agreement may be changed, modified or amended by written agreement executed by both
parties.
5. ASSIGNMENT
The work to be provided under this Agreement, and any claim arising thereunder, is not assignable or
delegable by either party in whole or in part, without the express prior written consent of the other
party, which consent shall not be unreasonably withheld.
6. CONTRACT MANAGEMENT
The program manager for each of the parties shall be responsible for and shall be the contact person for
all communications and billings regarding the performance of this Agreement.
Contract Manager for DOC: Christopher Duran, (206) 423-7858, clduran(a)docl.wa.gov.
Contract Manager for Agency: Sergeant Jason Bishop, (253) 856-5800, bislio Okeiitwa. ov
7. DISALLOWED COSTS
Agency is responsible for any audit exceptions or disallowed costs incurred by its own organization or
that of its Subcontractors.
8. DISPUTES
In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the
following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The
members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute
Board shall review the facts, Agreement terms and applicable statutes and rules and make a
determination of the dispute. The Dispute Board shall thereafter decide the dispute with the majority
prevailing. The determination of the Dispute Board shall be final and binding on the parties hereto. As
an alternative to this process, either of the parties may request intervention by the Governor, as provided
by RCW 43.17.330, in which event the Governor's process will control.
9. 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
State of Washington K12582 Page 2 of 4
Department of Corrections Attachment B
c. Any other provisions of the Agreement, including materials incorporated by reference.
10. INDEPENDENT CAPACITY
The employees or agents of each party who are engaged in the performance of this Agreement shall
continue to be employees or agents of that party and shall not be considered for any purpose to be
employees or agents of the other party.
11. RECORDS MAINTENANCE
The parties to this Agreement shall each maintain books, records, documents and other evidence which
sufficiently and properly reflect all direct and indirect costs expended by either party in the performance
of the services described herein. These records shall be subject to inspection, review or audit by
personnel of both parties, other personnel duly authorized by either party, the Office of the State
Auditor, and federal officials so authorized by law. All books, records, documents, and other material
relevant to this Agreement will be retained for six years after expiration and the Office of the State
Auditor, federal auditors, and any persons duly authorized by the parties shall have full access and the
right to examine any of these materials during this period.
Records and other documents, in any medium, furnished by one party to this Agreement to the other
party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party
will not disclose or make available this material to any third parties without first giving notice to the
furnishing party and giving it a reasonable opportunity to respond. Each party will utilize reasonable
security procedures and protections to assure that records and documents provided by the other party
are not erroneously disclosed to third parties.
12. RIGHTS IN DATA
Unless otherwise provided, data which originates from this Agreement shall be "works for hire" as
defined by the U.S. Copyright Act of 1976 and shall be owned by the DOC. Data shall include, but not
be limited to, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies,
computer programs, pictures, films, tapes, and/or sound reproductions. Ownership includes the right
to copyright, patent, register and the ability to transfer these rights.
13. SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall be
held invalid, such invalidity shall not affect the other provisions of this Agreement, which can be given
effect without the invalid provision if such remainder conforms to the requirements of applicable law
and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are
declared to be severable.
14. TERMINATION
Either party may terminate this Agreement upon 30-days' prior written notification to the other party.
If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs
incurred in accordance with the terms of this Agreement prior to the effective date of termination.
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Department of Corrections Attachment B
15. TERMINATION FOR CAUSE
If for any cause, either party does not fulfill in a timely and proper manner its obligations under this
Agreement, or if either party violates any of these terms and conditions, the aggrieved party will give
the other party written notice of such failure or violation. The responsible party will be given the
opportunity to correct the violation or failure within 15-working days. If failure or violation is not
corrected, this Agreement may be terminated immediately by written notice of the aggrieved party to
the other.
16. WAIVER
A failure by either party to exercise its rights under this Agreement shall not preclude that party from
subsequent exercise of such rights and shall not constitute a waiver of any other rights under this
Agreement unless stated to be such in a writing signed by an authorized representative of the party and
attached to the original Agreement.
17. ALL WRITINGS CONTAINED HEREIN
This Agreement contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to
exist or to bind any of the parties hereto.
THIS MOU, consisting of four (4) pages, is executed by the persons signing below who warrant that
they have the authority to execute the MOU.
KENT POLICE DEPARTMENT
&W-A�W'Jm
'Aotr .`bc
(Printed ) A ;
d (�(/i
(Title) 0,3
(Date)
DEPARTMENT OF CORRECTIONS
Digitally signed by
Huntsinger,
Huntsinger, Daryl A. (DOC)
Daryl A. (DOS) ate: 022.05.2310:39:11
-07'0
(Signature)
Daryl Huntsinger
(Printed Name)
Contracts Administrator
(Title)
(Date)
Approved as to Form:
This Agreement format was approved by the Office of the Washington State Attorney General
State of Washington K12582 Page 4 of 4
Department of Corrections Attachment B