09-164 Justice Assistance Grant Equipment Purchase Return to:
City Clerk
City of Spokane
808 W. Spokane Falls Blvd.
Spokane, WA 99201
City Clerk's No. Of R 2009-090(0
INTERLOCAL AGREEMENT
THIS AGREEMENT is between the CITY OF SPOKANE, a Washington State
municipal corporation, having offices at 808 West Spokane Falls Boulevard, Spokane,
Washington 99201, hereinafter referred to as the "City," and the CITY OF SPOKANE
VALLEY, having offices at 11707 East Sprague Avenue, Suite 106, Spokane Valley,
Washington 99206, hereinafter referred to as the "Valley," and jointly hereinafter referred
to as the "Parties."
WITNESSETH:
WHEREAS, the Parties made a joint application, along with Spokane County, City
of Airway Heights and City of Cheney, for an Edward Byrne Memorial Justice Assistance
Grant(JAG) Program, hereinafter referred to as the "Grant;" and
WHEREAS, the Grant 2009-SB B9-0693 was awarded; and
WHEREAS, the Valley was designated to receive funds from the Grant; and
WHEREAS, the City has been designated applicant/fiscal agent in conjunction with
the Grant; -- Now, Therefore,
The Parties agree as follows:
1. PURPOSE. The purpose of this agreement is to set forth the Parties'
understanding of the terms and conditions under which the City will disburse grant funds
to the Valley.
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2. PERFORMANCE. The Valley agrees to perform the following:
A. Purchase ammunition, computers, radios, light bars and scanners.
B. Purchase a laptop computer and SCSO Neighborhood Watch Program.
The City's role as to the Project shall be only of funding.
3. TERM. This agreement shall begin October 1, 2009 and shall run to February 28,
2013, or until the funds as set forth in Paragraph 4 - FUNDING are expended, whichever
comes first. Either party may terminate this agreement at any time for cause after a
reasonable time to cure the breach of contract upon thirty (30) days written notice to the
other party.
4. FUNDING. The City shall disburse funds in the amount of ONE HUNDRED
TWENTY TWO THOUSAND SEVEN HUNDRED SIXTY FOUR AND NO/100 DOLLARS
($122,764.00)to the Valley.
5. PAYMENT. The Valley will invoice the City on a periodic basis. Payment by the
City will be due thirty (30) days after receipt of the Valley's invoice. Application for
payment shall be made to the Spokane Police Department, Administration Office, 1100
West Mallon Avenue, Spokane, Washington 99260.
6. ASSIGNMENT. This agreement shall be binding upon the Parties, their
successors and assigns. No party may assign, in whole or in part, its interest in this
agreement without the approval of the other party.
7. NOTICES. All notices shall be in writing and served on any of the Parties either
personally or by certified mail, return receipt requested, at their respective addresses.
Notices sent by certified mail shall be deemed served when deposited in the United
States mail, postage prepaid.
8. LIABILITY. The Valley shall defend, indemnify and hold harmless the City, its
officers, employees and agents, from any claim, damage, loss, liability, injury, cost and
expense arising out of the conduct of the Valley, its officers, employees and agents in
connection with the agreement, except to the extent of the negligence of the City, its
officers, employees and agents. The Valley shall be responsible for all defense
expenses, including reasonable attorneys' fees, incurred by the City, whether or not
litigation is instituted.
9. ANTI-KICKBACK. No officer or employee of the City, having the power or duty
to perform an official act or action related to this agreement shall have or acquire any
interest in the agreement, or have solicited, accepted or granted a present or future gift,
favor, service or other thing of value from or to any person involved in the agreement.
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10. VENUE. This agreement shall be construed as having been made under the laws
of the State of Washington that 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 of its provisions shall be instituted only in the courts of competent
jurisdiction within Spokane County, Washington.
11. COMPLIANCE WITH LAWS. The Parties shall observe all federal, state and local
laws, ordinances and regulations, to the extent that they may be applicable to the terms of
this Agreement.
12. NON-DISCRIMINATION. No individual shall be excluded from participation in,
denied the benefit of, subjected to discrimination under, or denied employment in the
administration of or in connection with this agreement because of age, sex, race, color,
religion, creed, marital status, familial status, sexual orientation, national origin, honorably
discharged veteran or military status, the presence of any sensory, mental or
physical disability, or use of a service animal by a person with disabilities.
13. GRANT REQUIREMENTS. The terms and conditions to the Edward Byrne
Memorial Justice Assistance Grant (JAG) 2009-SB B9-0693 are incorporated by
reference into this agreement and the Parties agree to comply with them.
14. MISCELLANEOUS.
A. NON-WAIVER. No waiver by any Party of any of the terms of this agreement
shall be construed as a waiver of the same or other rights of that Party in the
future.
B. ENTIRE AGREEMENT. This agreement contains terms and conditions agreed
upon by the Parties. The Parties agree that there are no other understandings,
oral or otherwise, regarding the subject matter of this agreement. No changes or
additions to this agreement shall be valid or binding upon the Parties unless such
change or addition is in writing, executed by the Parties.
C. MODIFICATION. No modification or amendment to this agreement shall be valid
until put in writing and signed with the same formalities as this agreement.
D. HEADINGS. The section headings appearing in this agreement have been
inserted solely for the purpose of convenience and ready reference. In no way do
they purport to, and shall not be deemed to define, limit or extend the scope or
intent of the sections to which they pertain.
E. COUNTERPARTS. This agreement may be executed in any number of
counterparts, each of which, when so executed and delivered, shall be an
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original, but such counterparts shall together constitute but one and the same.
F. SEVERABILITY. 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 provision 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 to modify to conform to
such statutory provision.
G. RELATIONSHIP OF THE PARTIES. The Parties intend that an independent
contractor relationship will be created by this agreement. No agent, employee,
servant or representative of the Valley shall be deemed to be an employee, agent,
servant or representative of the City for any purpose. Likewise, no agent,
employee, servant or representative of the City shall be deemed to be an
employee, agent, servant or representative of the Valley for any purpose.
15. RCW 39.34 REQUIRED CLAUSES.
A. PURPOSE, See Section No. 1 above.
B. DURATION. See Section No. 3 above.
C. ORGANIZATION OF SEPARATE ENTITY AND ITS POWERS. No new or
separate legal or administrative entity is created to administer the provisions of this
agreement.
D. ADMINISTRATION. The Valley contract administrator shall be the Spokane
County Sheriff. The City administrator shall be the Chief of Police.
E. RESPONSIBILITIES OF THE PARTIES. See provisions above.
F. AGREEMENT TO BE FILED. The City shall file this agreement with its City Clerk.
The Valley shall file this agreement with its Auditor or place it on its web site or
other electronically retrievable public source.
G. FINANCING. Each Party shall be responsible for the financing of its contractual
obligations under its normal budgetary process.
H. TERMINATION. See Section No. 3 above.
I. PROPERTY UPON TERMINATION: Title to all property acquired by any Party in
the performance of this agreement shall remain with the acquiring Party upon
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termination or expiration of the agreement. Jointly acquired property shall be
divided in proportion to the percentage share of each Party contributing to its
acquisition.
Dated: /0/1Y/O2 _ CITY OF SPOKANE VALLEY
ByC��1 S//1-Lf- (
David Mercier, City Manager
Attest Approved as to form:
ity Clerk Deputity Attorlfey
Dated: /1 /41/09 CITY OF SPOKANE
By:
Title: Thomas E.Danek, .
City Aamimstrator
City of Spokane
Attest: Approved as to form:
City Clerk i Assistant City Attorney
G " ,r 09-417
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G. Consultants/Contracts
Name of Consultant Service Provided Computation Cost
Subtotal $ -
Contracts:
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Item
Cost
Contract with City of Spokane Valley for:
Target Ammunition ($2,074.39 x 16 quarters) .$ 33,190.25
Field computers ($6,462.46 x 4 computers) $ 25,849.84 --
Radios ($4,421.38 x 7 radios) . $ 30,949.66
Portable Radios ($926.47 x 10 units) $ 9,264.70
Light Bars ($2,182.00 x 5 units) $ 10,910.00
Scanners ($300.00 x 22 scanners) $ 6,600.00
Laptop ($3,000.00 x 1 laptop) i
SCSO Neighborhood Watch Program ($3,000.00 x 1 project) $ 3,000.00*1
Contract with City of Airway Heights for: •
Motorola portable radios ($1,526.25 x 5 radios) $ 7,631.25
Contract with City of Cheney for:
Night Vision Cameras ($3,212.89 x 2 cameras) $ 6,425.78
Contract with Spokane County for:
Criminal History Specialist $ 170,000.00
1/1/10-11/30/2012 SALARY $ 127,339.98
LONGEVITY $ 1,196.01
LIFE INS $ 12570
FICA $ 9,833.00
MEDICAL $ 14,756.86
RETIREMENT $ 10,681.34
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IND INS $ 1,027.50 •
DENTAL $ 3,973.00
UNEMPLYMNT $ 308.25
LTD $- 758.36
Ultra Bay II Forensic Computer ($10,900.00 x 1 computer) $ 10,900.00
SCSO Neighborhood Watch Program ($2,365.98 x 1 project) $ 2,365.98
Recidivism Tracking Database ($112,500.00 x 1 project) $ 112,500.00
Subtotal $ 432,587
SECTION G TOTAL $ 432,587
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JAG Recovery Act 2009 Program.Narrative for
Cities of Spokane, Spokane Valley, Airway Heights, Cheney, and Spokane County, WA.
to purchase 15 laptop computers to replace outdated equipment. The current inventory of office
computer equipment for SPD is precariously outdated. The expected life span for this
technology before it becomes outdated is 3-4 years. A portion of SPD's inventory exceeds this
by 2 to 3 times, with a large portion exceeding 3 years past purchase. This hinders the job
performance of criminal justice office personnel. Updating and replacing this equipment will
increase productivity. This project would begin July 2009, with computers being replaced as the
outdated equipment expires. It is expected this project will continue through June 2013.
41�n"�� 1'• d" sue. .-„,y is..'v ..i
f{ .of Spokane VallevsProtects<=>"
The City of Spokane Valley proposes to fund training and equipment for the Spokane
Valley Police Department (SVPD) in order to improve functioning of the criminal justice system.
They also propose to assist Spokane County by partially funding the Spokane County Sheriffs
Office (SCSO)Neighborhood Watch Program.
City of Spokane Valley will use $33,190.25 to purchase ammunition for use in quarterly-
scheduled target practices. The goal is to increase public safety and protection through increased
law enforcement training, which relates to the objective of increased firearm proficiency. These
trainings will be mandatory for every law enforcement officer in the Spokane County Sheriffs
Office and will result in improved accuracy and confidence among staff. The public benefits
through increased safety in the event an officer needs to discharge a weapon in the performance
of duties. This project will begin July 2009, with quarterly expenditures through March 2011.
The City of Spokane Valley also requests $25,849.84 to purchase field computers for
SVPD to support the goal of improving criminal justice functioning by improving
communication. The computers will be assigned to SVPD officers for use in the field for
communication, data compilation, and reporting. The computers are compatible with the
Page 8 of 13
JAG Recovery Act 2009 Program Narrative for
Cities of Spokane, Spokane Valley, Airway Heights, Cheney, and Spokane County, WA.
security/surveillance systems in a variety of public buildings and the Rapid Responder mapping
system as well as being the primary tool for communicating with data via Dispatch. The
computers are portable as well as mountable in patrol vehicles and will have all required
software for SVPD officers to compile data and produce reports in connection with responding to
and investigating incidents. This project will begin in July 2009 and will be completed by June
2010.
Another $30,949.66 in funds is requested so SVPD can purchase radios to replace
outdated technology and increase communication capability among staff. This supports the goal
of improving criminal justice system functioning by improving communication. It also assists in
the reduction and prevention of crime, as law enforcement officers are able to communicate.
suspect information more effectively. Furthermore, another$9,264.70 is requested for SVPD to
purchase portable radios to replace outdated technology and increase communication capability
among staff These portable radios assist law enforcement when they are away from their
vehicles, which improves both their safety and their ability to communicate. These projects will
begin in July 2009, with completion expected by October 2009.
In order to improve citizen and officer safety, the City of Spokane Valley will use
$10,910 in funds to purchase patrol light bars for SVPD to replace outdated technology and
increase safety when using emergency patrol lights. This project improves criminal justice
equipment, which therefore improves the functioning of the criminal justice system. The project
start date will be July 2009 and will be completed by January 2010.
As another measure to improve criminal justice system functioning, $6,600 in funds is
requested for SVPD to purchase scanners for use in police vehicles to replace outdated
technology. This project supports the objective of improving technology as scanners will allow
Page 9 of 13
JAG Recovery Act 2009 Program Narrative for
Cities of Spokane, Spokane Valley, Airway Heights, Cheney, and Spokane County, WA.
officers to create a citation which is immediately stored on the record, and then allow them to
print out a typed ticket for the offender. This updates the process for issuing and recording
citations for the criminal justice system. This project will begin in July 2009 and is expected to
be completed by January 2010.
The City of Spokane Valley also requests $3,000 to purchase a laptop computer for the
SVPD Chief of Police. This will increase his work-time effectiveness and improve
communication capability among staff, which supports the functioning of the criminal justice
system. This project will begin in July 2009 and will be completed by September 2009.
To augment the SCSO Neighborhood Watch Program goals of educating the public in
ways to reduce crime, preparing for possible terrorist attacks or other emergencies, increasing the
numbers of watches, and revitalizing existing watches in Spokane County, the City of Spokane
Valley requests $3,000 to partially fund the SCSO Neighborhood Watch (NW) Program. The
SCSO NW Program promotes community crime prevention as well as neighbor-to-neighbor
disaster preparedness and emergency response and is a vital link in the intelligence-led policing
efforts throughout Spokane County in conjunction with the Sheriffs Community Oriented
Policing Effort (S.C.O.P.E.) and law enforcement. Currently the SCSO NW Program has 1400
watches throughout Spokane County including the areas of Cheney, Airway Heights, Spokane
Valley, Liberty Lake, Latah, Spangle, Fairfield, Rockford, Millwood and Chattaroy. The goal is
to increase this number by 10% in the next four years, adding 35 watches per year with a total of
1540 by the end of 2013.
City of Airway Heights Projects
The City of Airway Heights proposes to spend $7,631.25 on Motorola portable radios for
the Airway Heights Police Department (AHPD) to improve criminal justice system functioning.
Page 10 of 13