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HomeMy WebLinkAboutINA-1516-452 Interlocal Agreement Contract No. ENA -Is-1(0 41sz Skagit Valley Dates: From 3/211y To 4 l30 I °"'"'"''fr Contract Amount$ Zoo/ INTERAGENCY AGREEMENT BETWEEN SKAGIT VALLEY COLLEGE AND ANACORTES POLICE DEPARTMENT PARTIES TO THE AGREEMENT THIS AGREEMENT is made and entered into by and between Skagit Valley College, hereinafter referred to as"SVC" and Anacortes Police Department, hereinafter referred to as "APD" pursuant to the authority granted by Chapter 39.34 RCW. IT IS THE PURPOSE OF THIS AGREEMENT to provide for the terms of use and short- term rental of an SVC-owned simulator to APD to accomplish training of police officers pursuant to its mission and purpose. THEREFORE, IT IS MUTUALLY AGREED THAT SVC and APD will cooperate to fulfill the entry-level, ongoing, and specialized training that APD requires, through the short-term rental of the SVC-owned use of force judgment training simulator package. STATEMENT OF WORK SVC and APD agree to and 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 below. These tasks include: SVC agrees to: 1. provide the Ti Training®Simulator and components to APD for training purposes based upon a "24-hour day" rental period, or per-hour basis, as requested; 2. invoice APD for periods of use. APD agrees to: 1) provide a space suitable for the set-up and operation of the Simulator in a "training environment"; 2) set up, operate, and re-package the Simulator after use; 3) operate the Simulator in accordance with training and manufacturer recommendations; 4) make no adjustment, placement, addition or revision to Simulator hardware or software, including components; 5) Make no subordinate loan, rental or lease of SVC equipment to another agency or organization; 6) promptly report damage, repair, defects or deficiencies in the Simulator or its supporting components to the SVC contact person; 7) identify a suitable number of trained, in-house instructors who will be the sole operators of the Simulator for APD. These instructors will be required to take part in approved Interagency Agreement Approved 1/15/10 Instructor training as provided by the Ti Training®Company and be certified as Instructors by Ti Training® Company. 8) remit payment as invoiced by SVC for Simulator rental. PERIOD OF PERFORMANCE Subject to its other provisions, the period of performance of this Agreement shall commence on March 20, 2016, and be completed on June 30, 2019, unless terminated sooner or extended, as provided herein. PAYMENT Compensation for the rental provided in accordance with this Agreement has been established under the terms of RCW 39.34.130. Payment for satisfactory performance of the work shall not exceed this amount unless the parties mutually agree to a higher amount. Compensation for services shall be based on the following rates or in accordance with the following terms: The parties have determined that the cost of accomplishing the rental herein will not exceed $200.00 per 24 (twenty-four) hour day, with a $200.00 minimum when renting for a partial day. These charges are for performance of all things necessary for, or incidental to, the rental as set forth in the Statement of Work. BILLING PROCEDURE SVC shall submit invoices to APD for billable hours based upon the payment structure outlined in "Payment" above. Payment to SVC for approved and completed rental will be made by warrant or account transfer by APD within 30-days of receipt of the invoice. Upon expiration of the Agreement, any claim for payment not already made shall be submitted within 30-days after the expiration date or the end of the fiscal year, whichever is earlier. AGREEMENT CHANGES, MODIFICATIONS AND AMENDMENTS This Agreement may be changed, modified or amended by written agreement executed by both parties. 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. 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 SVC is: William M. Overby, 2405 East College Way, Mount Vernon, WA 98273 360.416.7829, bill.overb y(a�skagit.edu The Program Manager for APD is Lou D'Amelio, 1218—24th Street, Anacortes, WA 98221, 360.293.4684, loud a�7cityofanacortes.orq Interagency Agreement Approved 1/15/10 DISALLOWED COSTS APD is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its Subcontractors. 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. 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 c. Any other provisions of the agreement, including materials incorporated by reference. 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. 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 material's 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 Interagency Agreement Approved 1/15/10 that records and documents provided by the other party are not erroneously disclosed to third parties. 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 SVC. 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 copyright, patent, register and the ability to transfer these rights. Any data concerning performance of an APD employee using the simulator is protected under the federal FERPA rules, and will not be shared by SVC with anyone other than those identified by the APD Program Manager who have a valid, purposeful reason to know. 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. 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. Interagency Agreement Approved 1/15/10 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. 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. IN WITNESS WHEREOF, the parties have executed this Agreement. Dr. T • lir fin, resident, SVC APD A horized Representative/I / — 1- S. re ignature AertAf -se/ett eit"ifw s---A Title ate Title ate Skagit Valley College 2405 East College Way Mount Vernon, WA 98273 BUDGET ACCOUNT (required)_014-3403 APPROVED AS TO FORM: Signature on file Assistant Attorney General Interagency Agreement Approved 1/15/10 Skagit Valley Where Learning College Comes to Life FILE Greetings, Enclosed you will find an original signed fully executed contract with Skagit Valley College. If you have any questions please contact the SVC Contract Manager listed in your contract. Thank you for your business with Skagit Valley College and we look forward to working with you. Kathy Eldred Grants & Contracts Accountant 2405 E College Way Mount Vernon, WA 98273 Kathy.Eldred@skagit.edu