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HomeMy WebLinkAboutCAG2019-1005 - Original - Washington State Patrol - Marijuanna Enforcement Team (MET) Co-Housing Office Space (WSP Contract K15438) - 07/01/2019WSP Contract No. WASHINGTON STATE PATROL K16438 INTERAGENCY AGREEMENT Other Contract No. Co -Housing Office Space This Agreement is between the State of Washington, Washington State Patrol (WSP) and the Public Agency identified below, and Is issued pursuant to the InterlocaI Cooperation Act chapter 39.34 RCW. PUBLIC AGENCY NAME Statewide Vendor Registration Number Kent Police Department SWV# Public Agency Location Address Public Agency Mailing Address (If differentfrom location) 220 4th Ave South Kent WA 98032 Public Agency Project Manager Name &Title Public Agency Contact Phone: S l MMa,,O, S S(o - 581b Public Agency Contact E-mail Address Administrative/Billing Con act: Office Mgr, t yJk L46 . , V 1 JoAnne Moen: JMoen KentWA. ov 206-764-3460 WSP CONTACT INFORMATION WSP Project Manager Name and Title WSP Project Manager Address Lt. James Prouty, Narcotics Commander Investigative Assistance Division PO Box 42634 Olympia WA 98504-2634 Telephone E-mail Address 360 704-2422 James. Proul ws .wa. ov WSP Administrative/Contracts Contact Name & WSP Administrative Contact Address Title Budget and Fiscal Services Rebecca Kirby, PO Box 42602 Contracts Specialist Olympia WA 98504-2602 Telephone E-mall Address 360 5964071 Rebecca.KirbyQwsp.wa.gov FEDERAL ASSISTANCE INFORMATION Is the Public Agency a subreciptent of federal assistance for the purposes of CFDA Numbers) this agreement? ❑ Yes ❑ No Federal Grant Award Name Federal Grant Award Number Is this agreement funded by a federal award for research and development? Federal Award Year Yes ❑ No Agreement Start Date Agreement End Date Maximum Agreement Amount 7/1/2019 12/31/2019 $1,000 per month, per Exhibit A, Statement of Work This Agreement, including the attached Terms and Conditions and any other documents incorporated by reference, contains all of the terms and conditions agreed upon by the parties. No other understandings or representations, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind the parties. The parties signing below warrant that they have read and understand this Agreement and have the authorityto enter Into this reement. FORTHE W NGTON STATI P TROL: FOR THE PUBLIC AGENCY: WSP Signaturbk Date Public Agency Signature Date ,Printed Name an itie John R. Batiste, Chief Prin ed me an,�j Title L'!/ie� o% %fi��G 00001 . a-d /Ira _ APPROVED AS TO FORM BY THE OFFICE OF THE ATTORNEY GENERAL 4/26/2011 WSP Interagency Agreement Page 1 of 5 4/26/2011 WSP INTERAGENCY AGREEMENT (Continued) Definitions, "Agreement" means this Interagency Agreement, including all documents attached or incorporated by reference. "Public Agency" means the entity performing services to this Agreement and includes the Public Agency's officers, directors, trustees, employees and/or agents unless otherwise stated in this Agreement. For the purposes of this agreement, the Public Agency shall not be considered an employee or agent of WSP. "WSP" means the State of Washington, Washington State Patrol, and its officers, directors, trustees, employees and/or agents. 2. Statement of Work. The Public Agency shall perform the services as set forth in Exhibit A, Statement of Work, which is attached hereto and incorporated herein. 3. Payment. WSP shall pay the Public Agency an amount not to exceed the Maximum Agreement Amount specified on Page 1 of this Agreement, minus any matching requirements held by the Public Agency as specified in this Agreement. 4, Billing Procedure. WSP shall reimburse the Public Agency according to Exhibit A, Statement of Work, for work performed to the satisfaction of the WSP Project Manager. Compensation for services rendered shall be payable upon receipt of properly completed invoices, which shall be submitted not more often than monthly to the WSP Project Manager. The invoices shall describe and document to WSP's satisfaction a description of the work performed, activities accomplished, the progress of the project, and fees and expenses. All invoices submitted for payment by the Public Agency shall reference WSP's agreement number and the Public Agency's Statewide Vendor registration number. The Public Agency shall submit the final invoice not later than 60 days from the Agreement End Date, 5. Agreement Alterations and Amendments. WSP and the Public Agency may mutually amend this Agreement. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind WSP and the Public Agency, 6. 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 written consent of the other party. 7. Compliance with Civil Rights Laws. During the period of performance for this Agreement, both parties shall comply with all federal and state nondiscrimination laws, 8. Disputes. In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: The Chief of WSP shall appoint a member to the Dispute Board, The Public Agency shall appoint a member to the Dispute Board. The Chief of WSP and the Public Agency shall jointly appoint a member to the Dispute Board, The Dispute Board shall evaluate the dispute and make a determination of the dispute. The determination of the Dispute Board shall be final and binding to all parties to this Agreement. As an alternative to this process and if applicable, 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. WSP Interagency Agreement Page 2 of 5 4/26/2011 WSP INTERAGENCY AGREEMENT (Continued) Indemnification. The Public Agency shall be responsible for and shall indemnify and hold WSP harmless for all claims resulting from the acts or omissions of the Public Agency and its subcontractors. WSP shall be responsible for and shall indemnify and hold the Public Agency harmless for all claims resulting from the acts or omissions of WSP and its subcontractors. 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. Inspection; Maintenance of Records. During the term of this Agreement and for one year following termination or expiration of this Agreement, the Public Agency shall give reasonable access to the Public Agency's place of business 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 Public Agency's place of business and its records, and monitoring, auditing and evaluating the Public Agency's performance and compliance with applicable laws, regulations, rules and this Agreement. During the term of this Agreement and for six years following termination or expiration of this Agreement, the Public Agency shall maintain records sufficient to document (1) performance of all acts required by statute, regulation, rule, or this Agreement; (ii) substantiate the Public Agency's statement of its organization's structure, tax status, capabilities and performance; and (iii) demonstrate accounting procedures, practices and records which sufficiently and properly document the Public Agency's invoices to WSP and all expenditures made by the Public Agency to perform as required by this Agreement. 12. Order of Precedence. In the event of any 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 to: Applicable federal and state law, regulations and rules; Ext A, Statement of Work; Any other provision of this Agreement; and Any document incorporated by reference. 13. Personnel. WSP officers performing work under the terms of this Agreement shall be under the direct command and control of the Chief of WSP or designee, and shall perform duties required under this Agreement in a manner consistent with WSP policy and regulations, and applicable federal, state and local laws. The assignment of WSP personnel under this Agreement shall be at the discretion of the Chief of WSP or designee. 14. 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 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, register, and the ability to transfer these rights. 15. Savings. In the event that funds WSP relied upon to establish this Agreement are withdrawn, reduced or limited, or if additional or modified conditions are placed on such funding, WSP may immediately terminate this Agreement by providing written notice to the Public Agency. This termination shall be effective on the date specified in the notice of termination. WSP Interagency Agreement Pago 3 of 5 4l26l2011 WSP INTERAGENCY AGREEMENT (Continued) 1 B. 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. 17. Single Audit Act Compliance. If the Public Agency is a subrecipient of a federal award as Identified on Page 1 of this Agreement, the Public Agency shall comply with Office of Management and Budget (OMB) Guidance for Grants and Agreements, 2 CFR 200; Subpart F — Audit Requirements. 18. Statewide Vendor Payment Registration. Statewide Payee 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; to obtain registration materials go to httos•//des wa aov/services/contracting-purchasing/doing-business-state/receivina-payment-state/ 19. Subcontracting. Except as otherwise provided in this Agreement, the Public Agency may subcontract for any of the services provided under this Agreement with the prior, written approval of WSP. The Public Agency shall be responsible for the acts and omissions of any subcontractor. 20. Termination. Except as otherwise provided in this Agreement, either party may terminate this Agreement upon thirty (30) calendar days written notification. If this Agreement is so terminated, the terminating party shall be liable only for performance in accordance with the terms of this Agreement for performance rendered prior to the effective date of termination 21. 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 noYconstitute a waiver of any other rights under this Agreement unless stated to be such in writing and signed by an authorized representative of the party and attached to the original Agreement. WSP Interagency Agreement Page 4 of 5 4/26/2n11 Exhibit A STATEMENT OF WORK PURPOSE. The Kent Police Department (KPD) agrees to provide office space at their facility for Washington State Patrol (WSP) Marijuana Enforcement Team (MET) personnel. KPD and WSP agree that co -housing both entities in one facility is mutually beneficial and also agree that co -housing the units together will not obligate either party to each other. KPD will operate under the direction and authority of the KPD Executive Board. WSP MET will operate under the direction and authority of the Chief of the WSP. When investigations overlap between KPD and WSP MET and when both parties mutually agree and have authorized, they may elect to work together on joint investigations. RESPONSIBILITIES. KPD and WSP agree all office equipment needed by WSP MET personnel including office furniture, computers, office supplies, etc. will be provided by WSP. Nothing in this agreement prevents either party from providing equipment or accommodating the other if mutually agreed. It is understood the only obligation to WSP from KPD is access and use of the KPD facility. PAYMENT. Subject to funding availability, WSP will provide monthly payments to KPD in the amount listed on the Face Sheet (Page 1) of this Agreement to assist with the costs of co -housing the WSP MET at the KPD facility. The KPD agrees to maintain on a current basis complete and accurate records and accounts of funds provided under this agreement in accordance with generally accepted accounting principles and instructions. (See Section 4, Billing Procedure of the Terms & Conditions for billing instructions). WSP Interagency Agreement Page 5 of 5 4/26/2011