HomeMy WebLinkAboutILA - WA State Department of Corrections - Community Corrections Officers (K12233)AST, 9TAT o�
State of Washington Contract No. K12233
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This 1[rntLetrtocad[ Agiree_,i meintr ("Agreement") is made by the state of Washington,
Department of Corrections, hereinafter referred to as "Department," and the Pasco Police Department,
hereinafter referred to as "Agency."
WHEREAS, RCW Chapter 39.34 (Interlocal Cooperation Act) permits state agencies and local
Governments to make the most efficient use of their powers by authorizing them to enter into Agreements
with each other, in order to provide services and facilities in a manner best serving the needs and
development of their local communities; and
WHEREAS, the purpose of this Agreement is to allow Department to place Community
Corrections Officers ("CCOs") at the premises owned/operated by Agency located at 215 West Sylvester
Street, Washington 99301, hereinafter referred to as the "Premises."
NOW THEREFORE, in consideration of the terms and conditions contained herein, Department
and Agency agree as follows:
1. Statement of Work
Department and Agency shall furnish the necessary personnel, equipment, material(s) and/or
service(s) and otherwise do all things necessary for, or incidental to, the performance of the
work set forth in the Statement of Work, which is attached hereto as Attachment A and
incorporated herein.
2. Term
This agreement shall take effect on May 1, 2020 and shall continue in effect until April 30,2022.
This Agreement may be extended by mutual agreement of the Parties for two (2) additional
one-year periods or portions thereof. Any such extension shall be evidenced by a properly
completed written amendment to this Agreement.
3. Hold Harmless
Each party to this Agreement shall be responsible for its own acts and/or omissions and those
of its officers, employees, and volunteers. No party to this Agreement shall be responsible for
the acts and/or omissions of entities or individuals not a party to this Agreement.
4. Contact Persons
The parties stipulate that the following persons shall be the contact person for their respective
jurisdiction.
State of Washington Interlocal Agreement Page 1 of 4
Department of Corrections K12233 208362
Department of Corrections:
Sheila Perkins
Community Corrections Supervisor
Department of Corrections
(509) 545-2415 ext. 2226
slperkins@docl.wa.gov
Pasco Police Department:
Bill Parramore
Captain
Pasco Police Department
(509)545-3412
parramorew@pasco-wa.gov
5. No Restriction or Waiver of Defense
Nothing contained in this Agreement shall require or be interpreted to:
A. Waive any defense arising out of RCW Title 51.
B. Limit or restrict the ability of either entity or employee or legal counsel for either entity or
employee to exercise any right, defense or remedy which a party to a lawsuit may have
with respect to claims for third parties, including, but not limited to, any good faith
attempts to seek dismissal of legal claims against a party by any proper means allowed
under the civil rules in either state or federal court.
6. General Provisions
A. Entire Agreement. This Agreement contains all of the terms with respect to any matter
covered or mentioned in this Agreement. 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.
B. Modification. 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.
C. Successors. This Agreement shall be binding upon the Parties' successors in interest and
assigns.
D. 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 the Agreement are declared
to be severable.
E. Default. In the event that either Party defaults on the performance of any terms of this
Agreement or either Party places the enforcement of this Agreement in the hands of an
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Department of Corrections K12233 208362
attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and
expenses.
F. Termination for Convenience. Either party may terminate this Agreement upon thirty (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.
G. Termination for Cause. If for any cause, either party does not fulfill in a timely 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 fifteen (15) working days. If the failure or violation is not corrected, this
Agreement may be terminated immediately by written notice of the aggrieved party to the
other.
H. Venue. The venue for any dispute related to this Agreement shall be Thurston County,
Washington.
I. Dispute. 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.
J. 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 writing signed
by an authorized representative of the Party and attached to the original Agreement.
K. Performance. Time is of the essence of this Agreement and each and all of its provisions
in which performance is a factor.
L. 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.
7. 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; and
B. Any other provisions of the Agreement, including materials incorporated by reference.
State of Washington Interlocal Agreement Page 3 of 4
Department of Corrections K12233 208362
THIS Interlocal Agreement, consisting of four (4) pages and one (1) attachment, is executed by the
persons signing below who warrant that they have the authority to execute the Agreement.
CITY OF PASCO POLICE DEPARTMENT DEPARTMENT OF CORRECTIONS
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(Signature
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(Pa Name)
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(Title)
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(Date)
(Signature)
Debra J. Eisen
(Printed Name)
Contracts Administrator
(Title)
April 2, 2020
(Date)
Approved as to Form: This Interlocal Agreement format was approved as to form by Pete Berney, AAG, of the Office of the
Attorney General, on December 8, 2006
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Department of Corrections K12233 208362
ATTACHMENT A
STATEMENT OF WORK
This Scope of Work sets forth the agreed upon roles and responsibilities between the Washington
State Department of Corrections, hereinafter referred to as the "Department," and the Pasco Police
Department, hereinafter referred to as "Agency."
Agency, in partnership with the Department, shall provide office space for Community Corrections
Officers (CCOs) at 215 West Sylvester Street, Washington 99301, hereinafter referred to as the "Premises."
DOC staff on the Premises shall be supported by the DOC East Region Central Information Technology
Team based in Connell, Washington. Agency agrees to provide network infrastructure and internet
connectivity and further agrees to allow CCOs and community corrections staff access to and use of the
network infrastructure and internet connectivity for the purpose of connecting to the DOC network via
Virtual Private Networking (VPN).
The Department shall supply the software, client and digital key fob for DOC staff to use to
establish VPN connection to the DOC network. The software, fob, and resultant VPN connection to the
DOC network shall be used only by authorized DOC staff and with DOC owned and managed computers
and equipment.
When there are scheduled network outages that may impact DOC staff connectivity to the DOC
network, Agency agrees to notify impacted DOC staff as soon as reasonably practicable.
The VPN software installed on DOC computers will not allow split tunneling. This means that
DOC staff will not be able to connect to Agency's resources on Agency's network (e.g., printers, desktop
faxing, terminal servers). The sole use of Agency's infrastructure and internet connectivity shall be to
provide VPN connectivity to the DOC network. Agency staff shall not use DOC VPN connection to gain
access to DOC's network.
Additional obligations and responsibilities of the Parties are set forth below:
1. Agency Responsibilities. Agency shall provide:
A. Office space for two (2) CCOs at Premises. Premises will be accessible to the CCO seven
(7) days a week, twenty-four (24) hours per day.
B. A mail box slot at Premises to which CCO has access.
C. Janitorial service for the office space.
D. Utilities and telephones.
E. An interview room within the building for interviews with individuals under the
Department's jurisdiction.
2. Department Responsibilities. Department shall:
A. Keep the office space clean.
B. Wear Department identification at all times when on the Premises.
C. Escort visitors at all times while within the building.
D. Procure, install, and maintain VPN connectivity; and
E. Provide office equipment furniture, and any operational supplies needed by CCOs.
State of Washington Attachment A Page 1 of 2
Department of Corrections K12233 208362
3. Mutual Benefits
This Agreement improves the ability of both Parties to carry out public safety responsibilities
through:
A. Joint operations covering events, holidays, and home/field contact;
B. Immediate response regarding felons under Department supervision;
C. Joint involvement in Community groups; and
D. Increased communication between Agency and Department
4. Access to Information:
A. Access to all Department computer systems and files are restricted to the CCO(s).
Department will follow its policy for dissemination of any information from its computer
systems and files.
B. Access to all Agency computer systems and files are restricted to Agency personnel unless
DOC personnel are trained and authorized to use the system. The Agency will follow its
policy and applicable law concerning dissemination of all Agency information.
State of Washington Attachment A Page 2 of 2
Department of Corrections K12233 208362