Loading...
HomeMy WebLinkAboutIAA F07-66201-103 Interlocal Agreement AGREEMENT FACE SHEET f x IAA No. F07-66201-103 OCT 2 3 2007 Washington State Department of Community,Trade and Economic Development Local Government Division Safe and Drug-Free Communities Unit JUSTICE ASSISTANCE GRANT LOCAL DISTRIBUTION PROGRAM 1.Contractor's Name and Address: 2.Contractor Doing Business As(Optional) City of Anacortes Post Office Box 547 Anacortes,WA 98221 3.Contractor Representative 4.CTED Representative Dean Maxwell Bill Johnston Mayor Program Manager P.O. Box 42525 360-299-1950 (360)725-3030 128 10th Aveune SE 360-293-1938 (360)586-4506 Olympia,WA 98504-2525 dean@cityofanacortes.org 5.Contract Amount 6. Funding Source 7.Start Date 8. End Date $ 7,198.00 Federal:[X] State:[ ] Other:[ ] N/A:[ ] September 1,2007 June 30,2008 9.Federal Funds(as applicable) Federal Agency CFDA Number Department of Justice 16.738 10. Contract Purpose To provide U.S.Department of Justice,Bureau of Justice Assitance funding to improve the criminal justice system and public safety of the City of Anacortes, The DEPARTMENT and the CITY OF ANACORTES acknowledge and accept the terms of this AGREEMENT and attachments and have executed the AGREEMENT as of the date and year referenced above.The rights and obligations of both parties to the AGREEMENT are governed by this AGREEMENT and the following other documents incorporated by reference:including Attachment A-Budget,Attachment B-Statement of Work,and the Criminal Justice Grants Policies and Procedures Guide, prepared by the DEPARTMENT,as amended. FOR THE CONTRACTOR FOR THE DEPARTMENT COLO_ )41,-..1,-L-LI 2014-(-)rt-de-c-- Name: Marijo Olson,Actir(g Assistant Director Title: Aft A o rz_ Local Government Division Date: Date: APPROVED AS TO FORM ONLY Alice Blado(signature on file) Alice Blado Assistant Attorney General March 16,2007 Date: 1 IAA No. F07-66201-103 INTERAGENCY AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT AND THE CITY OF ANACORTES THIS AGREEMENT is made and entered into by and between the DEPARTMENT OF COMMUNITY, TRADE AND ECONOMIC DEVELOPMENT, hereinafter referred to as the"DEPARTMENT,"and the CITY OF ANACORTES, hereinafter referred to as the"CITY". IT IS THE PURPOSE OF THIS AGREEMENT to provide Bureau of Justice Assistance funding to units of local government to improve the criminal justice system and public safety of the CITY. THEREFORE, IT IS MUTUALLY AGREED THAT: The CITY will utilize grant funding provided under this program as described in the CITY's application for the FFY 2007 Local Distribution Grant Program. STATEMENT OF WORK The CITY shall furnish the necessary personnel,equipment, material and/or service(s)and otherwise do all things necessary for or incidental to the performance of the work set forth in Attachment"B", attached hereto and incorporated herein. PERIOD OF PERFORMANCE Subject to its other provisions,the period of performance of this Agreement shall commence on the date specified in Block 7 of the Agreement Face Sheet,or the date of execution,whichever comes later, and be completed on the date specified in Block 8 of the Agreement Face Sheet, unless terminated sooner as provided herein. PAYMENT Compensation for the work provided in accordance with this Agreement has been established under the terms of RCW 39.34.130. The parties have determined that the cost of accomplishing the work herein will not exceed that specified in Block 5 of the Agreement Face Sheet. Payment for satisfactory performance of the work shall not exceed this amount unless the parties mutually agree to a higher amount. Compensation for service(s)shall be set forth in accordance with the budget in Attachment"A",which is attached hereto and incorporated herein. BILLING PROCEDURE The CITY shall submit properly completed invoices monthly. Payment to the CITY for approved and completed work will be made by warrant or account transfer by the DEPARTMENT within 30 days of receipt of the invoice. Upon expiration of the Agreement,any claim for payment not already made shall be submitted within 10 days after the expiration date or the end of the fiscal year,whichever is earlier. RECORDS MAINTENANCE The parties to this Agreement shall each maintain books,records,documents and other evidence that sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the service(s)described herein. These records shall be subject to inspection,review or audit by the DEPARTMENT, other personnel duly authorized by the DEPARTMENT,the Office of 2 IAA No. F07-66201-103 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 of the Agreement,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. If any litigation, claim or audit is started before the expiration of the six(6)year period, the records shall be retained until all litigation,claims,or audit findings involving the records have been resolved. RIGHTS IN DATA Copyright in all material created by the CITY and paid for with funds subject to this Agreement as a part of this Agreement, shall be the property of the State of Washington. Both the CITY and the DEPARTMENT may use these materials, and permit others to use them,for any purpose consistent with their respective missions. This material includes, but is not limited to: books; computer programs; documents;films; pamphlets; reports;sound reproductions; studies; surveys; tapes; and/or training materials. Material used to perform this Agreement but which is not created for or paid for in this Agreement shall be owned by such party as determined by law. The owner hereby grants a perpetual, unrestricted, royalty free, non-exclusive license to the other party to use and to permit others to use them,for any purpose consistent with their respective missions. 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. 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. 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. 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. Not withstanding the above termination provision, neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God, Government restrictions,wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected. 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 3 IAA No. F07-66201-103 Board. The Dispute Board shall review the facts, agreement terms and applicable statutes and rules and make a determination of the dispute. A review of federal grant provisions by the applicable federal agency may be requested by either party, and processed through the DEPARTMENT. Federal agency interpretation of any grant provision or law will be adopted by the Dispute Board. The determination of the Dispute Board if convened shall be final and binding on the parties hereto. As an alternative to this process,either of the parties may institute suit in the Superior Court of Thurston County, Washington. In the event suit is brought, the prevailing party shall be entitled to its costs thereof, including reasonable attorneys'fees. ORDER OF PRECEDENCE 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. Criminal Justice Grants Policies and Procedures Guide, prepared by the DEPARTMENT, as amended; c. Statement of Work; d. Budget; e. The CITY's application for FFY 2007 Local Distribution Grant Program,and f. Any other provisions of,or attachments to this agreement,including materials incorporated by reference. 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. Any work assigned or delegated by either party will be performed in compliance with the provisions of the Criminal Justice Grants Policies and Procedures Guide. 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. Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Agreement unless stated to be such in writing and signed by personnel authorized to bind each of the parties. 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. ALL WRITINGS CONTAINED HEREIN This Agreement, and the Criminal Justice Grants Policies and Procedures Guide, prepared by the DEPARTMENT, as amended,which is incorporated into this Agreement by reference, contains all 4 IAA No. F07-66201-103 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. 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. The Program Manager for the DEPARTMENT is: Bill Johnston, bill a( cted.wa.gov, 128— 10th Avenue SW,Olympia,Washington 98504-2525, (360)725-3030. The Program Manager for the CITY is the primary contact for the CITY identified on Form 1 of the CITY's application for the 2007 Local Distribution Grant Program. 5 Attachment A IAA No. F07-66201-103 BUDGET The budget for this AGREEMENT is the amount identified in Block 5 of the AGREEMENT FACE SHEET. 6 Attachment B IAA No. F07-66201-103 STATEMENT OF WORK The CITY shall perform those activities as described in the CITY's FFY 2007 Local Distribution Grant application, and report quarterly on the activities funded under this AGREEMENT. 7