09-223 Edward Byrne Memorial JAG: Purchase of Equipment Return to:
City Clerk
City of Spokane
808 W. Spokane Falls Blvd.
Spokane,WA 99201
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 of Spokane," and the CITY OF
SPOKANE VALLEY, having offices at 11707 East Sprague Avenue, Suite 106, Spokane
Valley, Washington 99206, hereinafter referred to as the "City of Spokane Valley," and
jointly hereinafter referred to as the "Parties."
WITNESSETH:
WHEREAS, the Parties made a joint application, along with Spokane County, for
an Edward Byrne Memorial Justice Assistance Grant (JAG) Program, hereinafter referred
to as the "Grant;" and
WHEREAS, the Grant 2009-DJ-BX-0482 was awarded; and
WHEREAS, the City of Spokane Valley was designated to receive funds from the
Grant; and
WHEREAS, the City of Spokane 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 of Spokane will
disburse grant funds to the City of Spokane Valley.
2. PERFORMANCE.
A. The City of Spokane Valley agrees to purchase equipment and supplies.
B. The City of Spokane's role as to the Project shall be only of funding.
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3. TERM. This agreement shall begin October 1, 2009 and shall run to September
30, 2012, 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 of Spokane shall disburse funds in the amount of FIFTY
THOUSAND THREE HUNDRED SIXTY SEVEN AND NO/100 DOLLARS ($50,367.00) to
the City of Spokane Valley.
5. PAYMENT. The City of Spokane Valley will invoice the City of Spokane on a
periodic basis. Payment by the City of Spokane will be due thirty (30) days after receipt
of the City of Spokane 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.
A. The City of Spokane Valley shall defend, indemnify and hold harmless the City of
Spokane, its officers, employees and agents, from any claim, damage, loss,
liability, injury, cost and expense arising out of the conduct of the City of Spokane
Valley, its officers, employees and agents in connection with the agreement,
except to the extent of the negligence of the City of Spokane, its officers,
employees and agents. The City of Spokane Valley shall be responsible for all
defense expenses, including reasonable attorneys' fees, incurred by the City of
Spokane, whether or not litigation is instituted.
B. The City of Spokane shall defend, indemnify and hold harmless the City of
Spokane Valley, its officers, employees and agents, from any claim, damage, loss,
liability, injury, cost and expense arising out of the conduct of the City of Spokane,
its officers, employees and agents in connection with the agreement, except to the
extent of the negligence of the City of Spokane Valley, its officers, employees and
agents. The City of Spokane shall be responsible for all defense expenses,
including reasonable attorneys' fees, incurred by the City of Spokane Valley,
whether or not litigation is instituted.
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9. ANTI-KICKBACK. No officer or employee of the City of Spokane, 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.
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-DJ-BX-0482 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.
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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
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 City of Spokane Valley shall be deemed to be an
employee, agent, servant or representative of the City of Spokane for any purpose.
Likewise, no agent, employee, servant or representative of the City of Spokane
shall be deemed to be an employee, agent, servant or representative of the City of
Spokane 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 City of Spokane Valley contract administrator shall be
the City Manager. The City of Spokane contract administrator shall be the Chief
of Police.
E. RESPONSIBILITIES OF THE PARTIES. See provisions above.
F. AGREEMENT TO BE FILED. The City of Spokane shall file this agreement with
its City Clerk. The City of Spokane Valley shall file this agreement with the
Spokane County Auditor or place it on its web site or other electronically
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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
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: /01/7107 CITY OF SPOKANE VALLEY
By: -.1-2a/20...4...;1-1/
David Mercier, City Manager
Attest: Approved as to form:
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City Clerk Office o the City Attorney
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Dated: - CITY OF SPOKANE
1 By: �L
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Attest: SP- Approved as to form:
City Clerk • Assistant City Attorney
09-444
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ti.‘iiis AGENDA SHEET FOR COUNCIL MEETING OE': DEC 2 9 2003 SPOKANE
E
Submitting Dept. Contact Person/Phone No. Council yb� LEHAK'S ()FFIC` P°171
Police Joette Wentworth/625-4072 Public Safety mittee' WA
DDMINISTRATRVE SESSION LESISIATIVE SESSION CITY PRIORITY ��� c
o Contract o Emergency Ord o Communications CLERKS FILE
o Report o Resolution o Economic Development RENEWS
o Claims o Final Reading Ord o Growth Management CROSS REF
o First Reading Ord o Human Services ENG
STANDING COMMITTEES I o Special Consideration o Neighborhoods BID
(Date of Notification) o Hearing x Public Safety REQUISITION CR10324
o Finance x Public Safety 10/19/09 o Quality Service Delivery Neighborhood/Commission/Committee Notified:
o Neighborticods o Pubic Works o Racial Equity/Cultural Diversity
o Planning/Community&Econ Dev o Rebuild/Maintain Infrastructure Action Taken:
AGENDA Agreement between the CITY OF SPOKANE POLICE DEPARTMENT and CITY OF SPOKANE
WORDING: VALLEY to purchase equipment and supplies from October 1, 2009 to September 30,2012. The
(If contract,Include City shall contribute$50,367.00.
the term.)
(U.S.Dept of Justice grant funding)
BACKGROUND: The Police Department has been awarded grant funding from the Department of Justice for the
(Attach additional 2009 Byrne Justice Assistant Grant Recovery Act Program (JAG09). The City of Spokane Valley
sheet if necessary) will use the funding for equipment and supplies.
RECOMMENDATION: Approval Fiscal Impact: o N/A Budget Account: o N/A
x Expenditure:$50,367.00 #1530-95512-21100-54201
o Revenue: $ #
o Budget Neutral
NTTACHMENTS: Include in Packets: Inter-local Agreement
On file for Review in Office of City Clerk:
SIGNATURES: '.*A.vid.--- -t- - t 1gg4.0.c.t ,(L .
Departm t Head aCt D', '.'n 'a!rector Fin-
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,0 ?i ?_..(___:_,......, ,9 Legal For the Mayor Council Pres')' t
DISTRIBUTION: `ems j entworth@sookaneoolice.orq City of Spokane Valley
Finance agolden at sookanecitv.orq 11707 E Sprague Avenue
Suite 106
Budget Spokane Valley,WA 99206
COUNCIL ACTION:
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