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17-019.00 Spokane County: WASPC Property Crimes Grant 17-011 AGREEMENT BETWEEN SPOKANE COUNTY AND CITY OF SPOKANE VALLEY POLICE DEPARTMENT IN CONJUNCTION WITH RESIDENTIAL BURGLARY & AUTO THEFT TASK FORCES GRANT 1.Grantee 2.Contract Amount 3.Tax ID# City of Spokane Valley - REDACTED Spokane Valley Police Department $95,0 0 0 12710 E.Sprague Ave. 4.DUNS# Spokane Valley,WA 99216 168240617 5.Grantee Representative 6.County's Representative Saydee Wilson Kari Grytdal City of Spokane Valley Office of Financial Assistance 11707 E Sprague Ave.,Suite 106 1116 W.Broadway Spokane Valley,WA 99206 Spokane,WA 99260 (509)720-5046 (509)477-7273 swilson@spokanevalley.org kgrytdal@spokanecounty.org 7.Grantor ID# 8.Original Grant ID# 9.Start Date 10.End Date 290SA60 2016-Spokane-AT/RB 7/1/2016 6/30/2017 11.Funding Authority: Washington Association of Sheriffs and Police Chiefs 12.Federal Funds(as 13. CFDA# 14.Federal Agency: applicable)N/A N/A N/A 15.Contractor Selection Process: 16.Contractor Type: (check all that apply or qualify) (check all that apply) ( ) Sole Source ( ) Private Organization/Individual ( ) A/E Services (X) Public Organization/Jurisdiction ( ) Competitive Bidding ( ) VENDOR ()J Pre-approved by Funder (7) SUBRECIPIENT ba Non-Profit ( ) For-Profit 17. Grant Purpose: To fund through a legislative appropriation, a pilot project for law enforcement agencies in the City of Spokane,City of Spokane Valley and Spokane County to set up auto theft task forces in high risk locations and increase the use of teams devoted to combat residential burglary. 18.COUNTY and the GRANTEE,as identified above,acknowledge and accept the terms of this AGREEMENT and attachments and have executed this AGREEMENT the date below to start as of the date and year referenced above.The rights and obligations of both parties to this AGREEMENT are governed by this AGREEMENT and the following other documents incorporated by reference:(1) General Terms and Conditions,(2)Attachment"A"Scope of Work,and(3)Attachment"B"Budget. FOR THE GRANTEE: FOR CO NTY: Vik— Ca./6)A,v\- [Lk- Signature/ Date Signatur t/21c)Date Mark Al Fre_nch Name Name � N_ er Cifr1 cuXr Title I Title (FACE SH"""" This document contains confidential tax information and has been redacted pursuant to RCW 82.32.330. Page 1 of 11 You may petition for a review of our findings pertaining to any redacted or withheld documents pursuant to Spokane Valley Municipal Code (SVMC) 2.75.080; and obtain judicial review pursuant to RCW 42.56.550. GENERAL TERMS AND CONDITIONS The Washington State Legislature appropriated for fiscal year 2017 to the Washington Association of Sheriffs and Police Chiefs (WASPC) a grant in the amount of$300,000. As a result of this funding, an MOU was entered between the City of Spokane Police Department (hereinafter referred to as "SPD"), City of Spokane Valley Police Department (hereinafter referred to as "SVPD") and Spokane County (hereinafter referred to as "COUNTY") setting forth Spokane County as fiscal agent as well as the terms of the pilot project. These funds are to be used to set up auto theft task forces in high risk locations and increase the use of teams devoted to combating residential burglary. WASPC deducted $15,000 of the total award for indirect costs,leaving$285,000 to be divided equally among the three entities above. SECTION NO. 1: SERVICES SVPD shall provide those services set forth in the Scope of Work attached hereto as Attachment "A" and incorporated herein by reference. SECTION NO.2: COMPENSATION COUNTY shall reimburse SVPD an amount not to exceed the amount set forth in Attachment "B", attached hereto and incorporated herein by reference for the performance of all things necessary for or incidental to the performance of Scope of Work as set forth in Attachment "A". SVPD's reimbursement for services set forth in Attachment "A" shall be in accordance with the terms and conditions set forth in the Budget attached hereto as Attachment "B" and incorporated herein by reference. Requests for reimbursement should be submitted no more than monthly. Invoices must be submitted with appropriate supporting documentation, including timesheets or similar documents, copies of receipts, etc., as directed by the COUNTY's representative designated hereinafter. No payments in advance of or in anticipation of goods or services to be provided under this Grant shall be made by the COUNTY. In conjunction with each reimbursement request, SVPD shall certify that services to be performed under this AGREEMENT do not duplicate any services to be charged against any other grant, subgrant, or other funding source. A reimbursement voucher is provided and is required for requests for payment. Requests for reimbursement shall be submitted to: Matt Descoteaux Grants & Contracts Analyst Office of Financial Assistance 1116 West Broadway Spokane,WA 99260 mdescoteaux@spokanecounty.org Payment shall be considered timely if made by COUNTY within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by SVPD. SECTION NO.3: TERM The term of this AGREEMENT shall commence as of the date on the FACE SHEET and shall terminate on the date on the FACE SHEET. Page 2 of 11 SECTION NO. 4: RELATIONSHIP OF THE PARTIES No agent, employee, servant or otherwise of SVPD shall be deemed to be an employee, agent, servant, or otherwise of the COUNTY for any purpose, and the employees of SVPD are not entitled to any of the benefits that the COUNTY provides for COUNTY employees. SVPD will be solely and entirely responsible for its acts and the acts of its agents, employees, servants, and subcontractors or otherwise, during the performance of this AGREEMENT. SECTION NO.5: VENUE STIPULATION This AGREEMENT has and shall be construed as having been made and delivered in the State of Washington and the laws of the State of Washington shall be applicable to its construction and enforcement. Any action at law, suit in equity or judicial proceeding for the enforcement of this AGREEMENT or any provision hereto shall be instituted only in courts of competent jurisdiction within Spokane County,Washington. SECTION NO.6: COMPLIANCE WITH LAWS The PARTIES specifically agree to observe all federal, state and local laws, ordinances and regulations and policies to the extent that they may have any bearing on meeting their respective obligations under the terms of this AGREEMENT,including,but not limited to 2 CFR Part 200. SECTION NO. 7: NON-DISCRIMINATION The PAR 11bS hereto specifically agree that no person shall, on the grounds of race, creed, color, sex, sexual orientation, national origin, marital status, age or the presence of any sensory, mental, or physical disability or Vietnam era or disabled veterans status be excluded from full employment rights and participation in, or be denied the benefits of, or be otherwise subject to, discrimination in conjunction with any services which SVPD will receive payment under the provisions of this AGREEMENT. SECTION NO. 8: NONCOMPLIANCE WITH NONDISCRIMINATION LAWS During the performance of this AGREEMENT,the SVPD shall comply with all federal, state, and local nondiscrimination laws, regulations and policies. In the event of the SVPD's noncompliance or refusal to comply with any nondiscrimination law, regulation or policy, this AGREEMENT may be rescinded, canceled or terminated in whole or in part, and the SVPD may be declared ineligible for further agreements with the COUNTY. SVPD shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the dispute resolution provision of this AGREEMENT. SECTION NO. 9: AMERICANS WITH DISABILITIES ACT(ADA)OF 1990,PUBLIC LAW 101-336 SVPD must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment,public accommodations, state and local government services, and telecommunications. Page 3 of 11 SECTION NO. 10: EQUAL OPPORTUNITY TREATMENT FOR FAITH-BASED ORGANIZATIONS SVPD agrees to comply with the applicable requirements of 28 CFR Part 38, the Department of Justice regulation. SECTION NO. 11: NEW CIVIL RIGHTS PROVISION SVPD shall comply with the Violence Against Women Reauthorization Act of 2013 provision that prohibits recipients from excluding, denying benefits to, or discriminating against any person on the basis of actual or perceived race, color, religion, national origin, sex, gender identity, sexual orientation, or disability in any program or activity funded in whole or in party by this AGREEMENT. SECTION NO. 12: SERVICES TO LIMITED-ENGLISH-PROFICIENT (LEP)PERSONS To ensure compliance with Title VI and the Safe Streets Act, recipients are required to take reasonable steps to ensure that LEP persons have meaningful access to their programs. Meaningful access may entail providing language assistance services, including interpretation and translation services,where necessary. Recipients are encouraged to consider the need for language services for LEP persons served or encountered both in developing their programs and budgets and in conducting their programs and activities. Reasonable costs associated with providing meaningful access for LEP individuals are considered allowable program costs. Additional assistance regarding LEP obligations and information may be found at www.lep.gov. SECTION NO. 13: TERMINATION FOR CAUSE/SUSPENSION In the event COUNTY determines that SVPD failed to comply with any term or condition of this AGREEMENT, COUNTY may terminate the AGREEMENT in whole or in part upon written notice to SVPD. Such termination shall be deemed "Termination for Cause." Termination shall take effect on the date specified in the notice. In the alternative, COUNTY upon written notice may allow SVPD a specific period of time in which to correct the non-compliance. During the corrective-action time period, COUNTY may suspend further payment to SVPD in whole or in part, or may restrict SVPD's right to perform duties under this AGREEMENT. Failure by SVPD to take timely corrective action shall allow COUNTY to terminate the AGREEMENT upon written notice to SVPD. "Termination for Cause" shall be deemed a "Termination for Convenience" when COUNTY determines that SVPD did not fail to comply with the terms of the AGREEMENT or when COUNTY determines the failure was not caused by SVPD's actions or negligence. In the event of termination or suspension, SVPD shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original AGREEMENT and the replacement or cover agreement and all administrative costs directly related to the replacement agreement, e.g. cost of the competitive bidding,mailing, advertising and staff time. SECTION NO. 14: TERMINATION FOR CONVENIENCE Except as otherwise provided in this AGREEMENT, COUNTY may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this AGREEMENT, in whole or in part. If this AGREEMENT is so terminated, the COUNTY shall be liable only for payment required under the terms of this AGREEMENT for services rendered prior to the effective date of termination. Page 4 of 11 SECTION NO. 15: TERMINATION PROCEDURES After receipt of a Notice of Termination, except as otherwise directed by COUNTY, SVPD shall: A. Stop work under the AGREEMENT on the date, and to the extent specified, in the notice; B. Place no further orders for materials, services, or facilities related to the AGREEMENT; C. Assign to COUNTY all of the rights, title, and interest of SVPD under the orders and subcontracts so terminated, in which case COUNTY has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts. Any attempt by SVPD to settle such claims must have the prior written approval of COUNTY; and D. Preserve and transfer any materials, AGREEMENT deliverables and/or COUNTY property in SVPDS' possession as directed by COUNTY. Upon termination of the AGREEMENT, COUNTY shall pay SVPD for any service provided by SVPD under the AGREEMENT prior to the date of termination. COUNTY may withhold any amount due as COUNTY reasonably determines is necessary to protect COUNTY against potential loss or liability resulting from the termination. COUNTY shall pay any withheld amount to SVPD if COUNTY later determines that loss or liability will not occur. The rights and remedies of COUNTY under this Section are in addition to any other rights and remedies provided under this AGREEMENT or otherwise provided under law. Provided, further, in the event that SVPD fails to perform this AGREEMENT in accordance with state laws, federal laws, and/or the provisions of this AGREEMENT, COUNTY reserves the right to recapture funds in an amount to compensate COUNTY for the noncompliance in addition to any other remedies available at law or in equity. Repayment by SVPD of funds under this recapture provision shall occur within the time period specified by COUNTY. In the alternative, COUNTY may recapture such funds from payments due under this AGREEMENT. SECTION NO. 16: COUNTY REPRESENTATIVE The COUNTY hereby appoints and SVPD hereby accepts the COUNTY's representative or her designee as identified on the FACE SHEET as the COUNTY'S liaison for the purpose of administering this AGREEMENT. SVPD hereby appoints and COUNTY hereby accepts SVPD's representative or his/her designee as identified on the FACE SHEET as SVPD's liaison for the purpose of administering this AGREEMENT. SECTION NO. 17: NOTICES • Except as provided to the contrary herein, all notices or other communications given hereunder shall be deemed given on: (i) the day such notices or other communications are received when sent by personal delivery; or (ii) the third day following the day on which the same have been mailed by first class delivery, postage prepaid addressed to the COUNTY or SVPD at the address set forth on the FACE SHEET for such party, or at such other address as either party shall from time-to-time designate by notice in writing to the other Party. SECTION NO. 18: MODIFICATION No modification or amendment of this AGREEMENT shall be valid until the same is reduced to writing and executed with the same formalities as this present AGREEMENT. Page 5 of 11 SECTION NO. 19: WAIVER No officer, employee, agent or otherwise of the COUNTY has the power, right or authority to waive any of the conditions or provisions to this AGREEMENT. No waiver of any breach of this AGREEMENT shall be held to be a waiver of any other or subsequent breach. All remedies afforded in this AGREEMENT or at law, shall be taken and construed as cumulative that is, in addition to every other remedy provided herein or by law. Failure of the COUNTY to enforce at any time any of the provisions of this AGREEMENT, or to require at any time performance by SVPD of any provision hereof, shall in no way be construed to be a waiver of such provisions, nor in any way effect the validity of this AGREEMENT of any part hereof, or the right of the COUNTY to hereafter enforce each and every such provision. SECTION NO.20: INDEMNIFICATION The COUNTY shall protect, defend, indemnify, and hold harmless SVPD, its officers, officials, employees, and agents while acting within the scope of their employment as such, from any and all costs, claims,judgments, and/or awards of damages (both to persons and/or property). The COUNTY will not be required to indemnify, defend, or save harmless SVPD if the claim, suit, or action for injuries, death, or damages (both to persons and/or property) is caused by the sole negligence of SVPD. Where such claims, suits, or actions result from the concurrent negligence of both Parties, the indemnity provisions provided herein shall be valid and enforceable only to the extent of each Party's own negligence. SVPD agrees to protect, defend, indemnify, and hold harmless the COUNTY, its officers, officials, employees, and agents while acting within the scope of their employment as such, from any and all costs, claims,judgments and/or awards of damages (both to persons and/or property). SVPD will not be required to indemnify, defend, or save harmless the COUNTY if the claim, suit, or action for injuries, death, or damages (both to persons and/or property) is caused by the sole negligence of the COUNTY. Where such claims, suits, or actions result from the concurrent negligence of both Parties, the indemnity provisions provided herein shall be valid and enforceable only to the extent of each Party's own negligence. The COUNTY and SVPD agree that its obligations under this section extend to any claim, demand and/or cause of action brought by, or on behalf of, any COUNTY or SVPD employees or agents while performing work authorized under this AGREEMENT. For this purpose, the COUNTY and SVPD, by mutual negotiation, hereby waives any immunity that would otherwise be available to it against such claims under the Industrial Insurance provisions of chapter 51.12 RCW. These indemnifications and waiver shall survive the termination of this AGREEMENT. No officer or employee of SVPD or the COUNTY shall be personally liable for any act, or failure to act, in connection with this AGREEMENT, it is understood that in such matters they are acting solely as agents of their respective agencies. SECTION NO.21: MAINTENANCE OF RECORDS SVPD shall maintain all books, records, documents, data and other evidence relating to this AGREEMENT and performance of the Services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this AGREEMENT. SVPD shall retain such records for a period of six years following the date of final payment. Page 6 of 11 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 finally resolved. At no additional cost, SVPD shall make available to the COUNTY, Washington State Auditor, federal and state officials so authorized by law, or their duly authorized representatives at any time during their normal operating hours, all records, books or pertinent information which the COUNTY may be required by law to make part of its auditing procedures, an audit trail, or which may be required for the purpose of funding the Services contracted for herein. SVPD shall provide access to its facilities for this purpose. SECTION NO.22: ALL WRITINGS CONTAINED HEREIN This AGREEMENT contains all the terms and conditions agreed upon by the PAR TIES. 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. SVPD has read and understands all of this AGREEMENT and now states that no representation, promise or condition not expressed in this AGREEMENT has been made to induce SVPD to execute the same. SECTION NO.23: SEVERABILITY It is understood and agreed between the PAR TIES that if any parts, terms or provisions of this AGREEMENT are held by the courts to be illegal, the validity of the remaining portions or provisions shall not be affected and the rights and obligations of the PARTIES shall not be affected in regard to the remainder of the AGREEMENT. If it should appear that any part, term or provision of this AGREEMENT is in conflict with any statutory provisions of the State of Washington, then the part, term or provision thereof that may be in conflict shall be deemed inoperative and null and void insofar as it may be in conflict therewith and this AGREEMENT shall be deemed modify to conform to such statutory provision. SECTION NO.24: EXECUTION AND APPROVAL The PARTIES warrant that the officers/individuals executing below have been duly authorized to act for and on behalf of the party for purposes of confirming this AGREEMENT. SECTION NO.25: COUNTERPARTS This AGREEMENT may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original,but such counterparts shall together constitute but one and the same. SECTION NO.26: DISPUTE RESOLUTION Any dispute between the PARTIES which cannot be resolved between the PARTIES shall be subject to arbitration. Except as provided for to the contrary herein, such dispute shall first be reduced to writing. If the COUNTY and SVPD representatives cannot resolve the dispute it will be submitted to arbitration. The provisions of chapter 7.04A RCW shall be applicable to any arbitration proceeding. The COUNTY and SVPD shall have the right to designate one person each to act as an arbitrator. The two selected arbitrators shall then jointly select a third arbitrator. The decision of the arbitration panel shall be binding on the PARTIES and shall be subject to judicial review as provided for in chapter 7.04A RCW.The costs of the arbitration panel shall be equally split between the PARTIES. Page 7 of 11 SECTION NO.27: NO THIRD PARTY BENEFICIARIES Nothing in this AGREEMENT is intended to give, or shall give, whether directly or indirectly, any benefit or right, greater than that enjoyed by the general public,to third persons. SECTION NO.28: SURVIVAL Any Sections of this AGREEMENT which, by their sense and context, are intended to survive shall survive the termination of this AGREEMENT. SECTION NO.29: INSURANCE SVPD shall, at its expense, maintain all insurance for the duration of this AGREEMENT. SECTION NO.30: ASSIGNMENT Neither this AGREEMENT, nor any claim arising under this AGREEMENT, shall be transferred or assigned by SVPD without prior written consent of COUNTY. SECTION NO.31: ATTORNEYS' FEES Unless expressly permitted under another provision of the AGREEMENT, in the event of litigation or other action brought to enforce the terms of the AGREEMENT, each party agrees to bear its own attorneys' fees and costs. SECTION NO.32: LOSS OF FUNDING In the event funding from the legislature which is the source of funding by the COUNTY for this AGREEMENT is withdrawn, reduced, or limited in any way after the effective date of this AGREEMENT, and prior to normal completion, COUNTY may terminate the AGREEMENT under the "Termination for Convenience" clause, without the ten business day notice requirement. In lieu of termination,the AGREEMENT may be amended to reflect the new funding limitations and conditions. SECTION NO.33: REPORTING SVPD will assist COUNTY and the SPD in providing to Washington Association of Sheriffs & Police Chiefs, a final report. It is anticipated that the final report will be due before June 30, 2017. SECTION NO.34: ORDER OF PRECEDENCE: In the event of an inconsistency between the provisions in AGREEMENT, the inconsistency shall be resolved by giving precedence.in the following order:. 1) Applicable federal and state of Washington statutes and regulations 2) Face Sheet 3) Attachment"A" Scope of Work 4) Attachment"B"Budget Page 8 of 11 ATTACHMENT "A" SCOPE OF WORK This Scope of Work clearly identifies the roles and responsibilities of the City of Spokane Valley Police Department (hereinafter referred to as SVPD) as they relate to the Residential Burglary & Auto Theft Task Forces Grant. The goal of investing these funds is to generate both an immediate and lasting reduction in residential burglaries, auto theft and other related property crimes. While incarceration has an immediate impact, judicial and sentencing limitations makes this a somewhat temporary solution. Utilizing this grant across all three agencies for a public awareness campaign, automated license plate readers, and a dedicated anti-crime task force/neighborhood canvas will have a lasting effect on residential burglaries, auto theft and other related crime rates in the City of Spokane, City of Spokane Valley and Spokane County, and will continue to build the bridge between our agencies and the community. SVPD agrees to,but not limited to,the following conditions: 1. Public Awareness Campaign: SVPD is awarded $20,000 which will remain with Spokane County as the fiscal agent for funding, who will use the funds to hire an advertising firm and making large media buys to promote crime reduction through education and the hardening of"soft" targets. A majority of vehicle prowling's and auto thefts involve unlocked vehicles, some with wallets, purses, electronics, and firearms still inside, and many burglaries begin with the opportunity presented by an unsecured residence or open garage. The public awareness campaign will reach the entire community and broaden the public's knowledge. This will help reduce community citizens' likelihood of becoming victims. 2. Proactive Property Crime Task Force/Neighborhood Canvas: SVPD will receive $75,000 and the funds will be devoted to staffing a county-wide anti-crime task force and neighborhood canvas efforts. These proactive groups will be implemented for a dedicated amount of time. A specialized anti-crime task force will apply intelligence and data analysis to specifically target the offenders committing the highest percentage of residential burglary, auto theft and other related property crimes. The canvas will consist of uniformed police officers making door-to-door and face-to-face contacts with community members in high crime rate areas and educating them on crime prevention, basic CEPTED concepts, and building relationships through community partnership. Page 9 of 11 ATTACHMENT "B" BUDGET Category Budget Protected Direct Costs Public Awareness Campaign $20,000.00 Proactive Property Crime Task Force/Neighborhood Canvas $75,000.00 Total $95,000.00 Any change in the above budget Transfer of funds between line item budget categories must be approved by COUNTY'S representative. Payment will be on a reimbursement basis only and supporting documentation must be provided. Page 10 of 11 4 Spokane County Subrecipient AWaIsd Number 'Award Name INVOICE VOUCHER Number INSTRUCTIONS TO CLAIMANT: Submit this form to claim AGENCY NAME payment for materials, merchandise or services. Show complete City of Spokane Valley detail for each item. Police Department Claimant's Certificate: I hereby certify under penalty of perjury that the items and totals listed herein are proper charges for materials, merchandise or services furnished to Spokane County,and that all goods furnished and/or services rendered have been provided without discrimination because of age,sex,marital status,race, CLAIMANT(Warrant is to be payable to) creed,color,national origin,handicap,religion,or Vietnam era or (please fill in your department's mailing address) disabled veterans status and all expenses claimed will not be City of Spokane Valley charged to any other grant,subgrant or funding source. Police Department BY (SIGN IN INK) a (TITLE) (DATE) FEDERAL I.D.NO. OR SOCIAL SECURITY NO.(For reporting Personal Services Contract Payments to I.R.S. RECEIVED BY DATE RECEIVED 0 DATE DESCRIPTION AMOUNT BILLED Page 11 of 11