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HomeMy WebLinkAboutIL278 Interlocal Agreement COA Interlocal 278 INTERGOVERNMENTAL AGREEMENT BETWEEN STATE OF WASHINGTON DEPARTMENT OF CORRECTIONS AND CITY OF ANACORTES This Agreement is made and entered into by and between the Washington State Department of Corrections,hereinafter referred to as DOC or the Department,and the City of Anacortes,located at 1218 24ttr Street,Anacortes,WA 98221,hereinafter referred to as the Agency. WHEREAS,the Washington State Department of Corrections administers the Canine Training Program at the Washington Corrections Center(WCC) (hereinafter referred to as"the Program"). WHEREAS, the Canine Training Program provides narcotic canine'training to correctional officers and commissioned law enforcement officers(hereinafter referred to as"handler"). WHEREAS, correctional and law enforcement agencies routinely sponsor correctional officers and commissioned law enforcement officers for canine training, WHEREAS, the purpose of this Agreement to provide the terms and conditions governing canine training to correctional and law enforcement agencies on an as-needed basis. This Agreement is made pursuant to chapter 39,34 RCW,the Interlocal.Cooperation Act, and RCW 10.93.130. THEREFORE,IT IS MUTUALLY AGREED THAT: 1. STATEMENT OF WORK 1.1 The Agency shall have the following responsibilities and duties pursuant to this Agreement: 1.1.1 Provide only full-time correctional officers and/or commissioned law enforcement-officers who have passed their basic academies to serve as canine handlers for the Program. 1.12 Provide payment for theservices herein as specified in Attachment A. 1.1.3 If the Agency supplies the canine: 1.1.3.1 Provide a medically sound canine with current vaccinations. 1.1.3.2 Provide payment for all costs and expenses of the canine to include,but not necessarily limited to, all veterinary services and food for the canine. ' 1.1,3.3 Provide a letter to DOC accepting full responsibility for the canine if the Agency allows use of a handler-owned canine. State of Washington K11962 Page 1 of 7 Department of Corrections 198364 1.1.4 Provide veterinary services for the canine beyond the initial veterinary examination provided by DOC,if the canine is supplied by DOC. 1.2 DOC shall have the following responsibilities and duties pursuant to this Agreement: 1.2.1 Provide narcotic canine training on a space-available basis in accordance with the Canine Training Program's Narcotic Detection Dog Training Guide,attached hereto as Attachment A, incorporated by reference herein. 1.2.2 Provide kennel space for the canine; 1.2.3 Provide the initial veterinary services of a veterinarian's examination,hip x-ray,vaccination(s), and fecal examination for the canine upon initial entrance into the Program if the canine is supplied by DOC; and 1.2.4 Provide the canine with food and water preceding the Program and during the duration of the Program if the canine is supplied by DOC. 2. PERIOD OF PERFORMANCE Subject to its other provisions, the period of performance of this Agreement shall commence on January 27, 2019,and be completed on March 14,2019,unless terminated sooner as provided herein. 3. SAVE HARMLESS The parties recognize that canine training can be an inherently dangerous activity and that canine actions may be unpredictable. To the extent permitted by law, the Agency, its agents, and employees shall defend, protect, and hold harmless the state of Washington, DOC, or any employees thereof, from and against all claims, suits, or actions arising from any negligent or deliberate wrongful act or omission of the Agency,its agents, or employees while performing under the terms of this Agreement. To the extent permitted by law, the Agency, its agents, and employees shall defend, protect, and hold harmless the state of Washington, DOC, or any employees thereof, from and against all claims,suits, or actions arising from the actions or omissions of a canine and/or canine handler or Agency officer while in the performance of a search or other related activity, or by utilizing the canine or training techniques provided under the terms of this Agreement. Upon completion of the Program, the Agency assumes full responsibility for the possession,actions, and omissions of the canine(s) selected to include, but not limited to, the health, welfare, and safety of the canine. The provisions of section three (3) shall survive any termination or the expiration of this Agreement. State of Washington K11962 Page 2 of 7 Department of Corrections 198364 4. CANINE SELECTION The Agency may supply its own canine for the Program if approved by DOC.DOC, at its sole discretion, will determine the canine's suitability for the Program. Consent to the use of a canine will not be unreasonably withheld. DOC may conduct initial testing to determine the canine's suitability and aptitude for the Program. DOC may determine, at its sole discretion, a canine is unfit for further training after the canine's acceptance into the Program.In the event of this determination by DOC,the Agency will be notified and - the Agency may either a)terminate the training, or b)continue with the handler's training with a canine supplied by the Program,provided a canine is available and suitable for the Program as determined by DOC. 5. HANDLER SELECTION The Agency shall select as a handler a correctional officer or commissioned law enforcement officer who has passed his or her basic academy.The Agency may request assistance in its selection of a handler from DOC. The DOC, at its sole discretion, may assist the Agency in this process by conducting a two-part interview consisting of a verbal and a"hands-on" phase. The Agency shall be solely responsible for the final selection of a handler regardless of a recommendation by DOC. DOC may determine, at its sole discretion, that a handler selected by the Agency does not display the aptitude necessary for the Program.In the event of this determination by DOC,DOC may reschedule the Agency for the next Program,provided space is available and the Agency requests rescheduling. If space is not available, DOC may reschedule the Agency for the next,available Program, at the request of the Agency. 6. POST-PROGRAM TRAINING The Agency shall be solely responsible for maintenance training after the completion of the Program for the canine and the handler. DOC may conduct maintenance training sessions at DOC-selected locations, dates, and times.The Agency may attend these sessions on a space-available basis. It is recommended that the Agency provide Agency/jurisdiction-specific training after completion of the Program in subjects to include, but not limited to, Agency policies, legal and liability aspects, search warrants,and affidavits.The Agency shall be solely responsible for Agency/jurisdiction-specific training in laws, rules, regulations, and policies governing canine training. 7. PAYMENT AND BILLING PROCEDURES Compensation for the work providedin accordance with this Agreement has been established under the terms of RCW 39.34.130. Compensation for services and billing procedures shall be in accordance with the Budget in Attachment"A" which is attached hereto and incorporated herein. State of Washington K11962 Page 3 of 7 Department of Corrections 198364 8. RECORDS MAINTENANCE Each party shall 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 to 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. 9. RIGHTS IN DATA DOC shall be the copyright owner for all purposes under Title 17 U.S,C., of all data which originates from this Agreement. 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 use, copyright,patent,register and the ability to transfer these rights. 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, AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties, 12. TERMINATION 12,1 Either party may terminate this Agreement upon 30 days prior written notification to the other party. If this Agreement is so terminated, the terminating party shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement rendered prior to the effective date of termination. Stnte of Washington K11962 Page 4 of 7 Deportment of Corrections 198364 12.2 DOC may terminate this Agreement immediately by written notice to the Agency if (a) funding frotn state, federal, or other sources is unavailable, withdrawn, reduced, insufficient, or limited in any way; or (b) DOC determines in its sole discretion it is unable to continue to provide the services herein by reason of any law,rule, regulation,judgment,policy/procedure change by the Secretary of DOC,or act by the Washington State Legislature.In no event will DOC be liable for any damages, termination fees,or other charges as a result of invoking this provision. 13. 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 the failure or violation is not corrected, this Agreement may be terminated immediately by written notice of the aggrieved party to the other. 14. 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 shalt appoint a member to the dispute board. The members so appointed shall jointly appoint an additional member to the dispute board. The dispute board shall evaluate the facts,contract terms and applicable statutes and rules and make a determination of the dispute.The determination of the dispute board shall be final and binding on the parties hereto. 15. 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: 1. Applicable state and federal statutes and rules; 2. The terms and conditions contained herein; and 3. Any other provisions of the agreement, including materials incorporated by reference. 16. ASSURANCES The parties agree that all activity pursuant to this Agreement will be in accordance with all the applicable current or future federal, state and local laws, rules, and regulations. State of Washington K11962 Page 5 of 7 Department of Corrections 198364 17. 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. 18. 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, 19. 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. 20. ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other understanding,oral or otherwise,regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 21. CONTRACT MANAGEMENT The contract 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. - ContractThe The Contract Manager for DOC is: John Sinai! Barbara Davenport Chief of Police Canine Training Program Manager City of Anacortes Washington Corrections Center 1218 24th Street PO Box 900 Anacortes, WA 98221 Shelton,WA 98584 Telephone: (360)293-4694 Telephone: (360) 427-4618 Email:johns©cityofanacortes.org Email: barbara.davenport@doc.wa.gov State of Washington K11962 Page 6 of 7 Department of Corrections 198364 THIS CONTRACT,consisting of seven(7)pages and one(1)attachment,is executed by the persons signing below who warrant that they have the authority to execute the Contract. CITY OF ANACORTES DEPARTMENT OF CORRECTIONS . ignat •e) (Signature) Laurie Gere Debra J.Ei (Printed Name) (Printed Name) Mayor Contracts Administrator (Title) �^9 (Tide) / a ` g� • (Date) /� (Date) � Approved as to Form: This contract format was approved by the office of the Attorney General. Approval on file State of Washington K11962 Page 7 of 7 Department of Corrections 198364