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HomeMy WebLinkAboutFranklin County Sheriff's Office - MOU for 2020 JAG Program Award GMS APPLICATION NUMBER: 2020-H9205-WA-DJ THE STATE OF WASHINGTON COUNTY OF FRANKLIN MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF PASCO, WASHINGTON AND COUNTY OF FRANKLIN, WASHINGTON 2020 JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD This Memorandum of Understanding (the "MOU") is entered into this � day of March, 2021, by and befinreen the Franklin County SHERIFF'S OFFICE and the City of Pasco POLICE DEPARTMENT both of FFanklin County, State of Washington, separately, the"Party", or together, the "Parties". As this document is an MOU, it alone creates no binding authority on any of the Parties or signatories below. It is not a contract and should not be construed as a contract. It is simply a desire by the Parties to facilitate cooperation between the Parties. No language in this MOU should be construed in any way to bind or obligate either Party to perform under this MOU or create any rights under this MOU. No rights or limitation of rights shall arise or be assumed between the Parties as the result of the terms of this MOU. In addition, any performance under this MOU does not create any binding obligations between the Parties and any refusal to perform for whatever reason or no reason will not result in the creation of any claim or action arising out of under the terms of this MOU. However, both Parties acknowledge that they are required to comply with the laws applicable to their performance pursuant to this MOU. WHEREAS, each Party, in perForming governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, each Party finds that the performance of this MOU is in the best interests of both Parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing Party for the services or functions under this MOU; and WHEREAS, the POLICE DEPARTMENT desires to provide the SHERIFF'S OFFICE access to the Pasco Police Health and Wellness Program and training materials regarding officer safety, officer suicide prevention and officer wellness during the FY2020 Edward Byrne Memorial Justice Assistance Grant; and WHEREAS, the POLICE DEPARTMENT and SHERIFF'S OFFICE believe it to be in their best interests to enter into this MOU for this arrangement for expenditure of the JAG award funds. NOW THEREFORE, the POLICE DEPARTMENT and SHERIFF'S OFFICE desire as follows: Section 1. POLICE DEPARTMENT desires to provide the Franklin County Sheriff's Office with access to the Pasco Police Health and Wellness Program and training materials regarding officer safety, officer Page 1 of 4 GMS APPLICATION NUMBER: 2020-H9205-WA-DJ suicide prevention and officer wellness purchased by the POLICE DEPARTMENT with JAG award funding. Section 2. Nothing in the performance of this MOU shall impose any liability for claims against Franklin County other than claims for which liability may be imposed by the Washington Tort Claims Act. Section 3. Nothing in the performance of this MOU shall impose any liability for claims against City of Pasco other than claims for which liability may be imposed by the Washington Tort Claims Act. Section 4. Each Party to this MOU will be responsible for its own actions in providing services under this MOU and shall not be liable for any civil liability that may arise from the furnishing of the services by the other Party. Section 5. The Parties to this MOU do not intend for any third party to obtain a right by virtue of this MOU. Section 6. By entering into this MOU, the Parties do not intend to create any obligations express or implied; further, this MOU shall not create any rights in any Party not a signatory hereto. Section 7. This MOU does not and will not provide for any reimbursement of costs to either Party for services rendered or supplies provided during or at the end of the MOU term. This MOU does not provide for either Party to file claims or disputes against the other Party resulting from any service or supplies provided under this MOU. Section 8. This MOU shall remain in effect for FY2020 from the effective date, unless sooner terminated by either Party. This MOU creates no binding obligation and, as such, may be terminated at any time without resulting in the creation of any claim or cause of action. This MOU may be extended upon the mutual written consent of the Parties. Section 9. Records related to this MOU may be subject to inspection, review, or audit by personnel of both Parties, personnel duly authorized by either Party, the Office of the State Auditor, and federal officials authorized by law. All books, records, documents, and other material relevant to this MOU shall be retained for the requisite period under record retention schedules, 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 materials during this period. Page 2 of 4 GMS APPLICATION NUMBER: 2020-H9205-WA-DJ Records and other documents, in any medium, furnished by one Party to this MOU 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 and shall comply with RCW 42.56. Each Party will utilize reasonable security procedures and protections as required by law to assure that records and documents provided by the other Party are not erroneously disclosed to third parties. Section 10. The employees or agents of each Party who are engaged in the performance of this MOU 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. Each Party is responsible for the acts or omission s of its employees, officers, agents and assigns, and is responsible for ensuring that they will fulfill their responsibilities under this MOU in compliance with the provisions of the law and regulations that govern their activities. Section 11. This MOU may be modified or amended by mutual agreement of the Parties. Section 12. Point of Contact for Police: Point of Contact for Sheriff: Name: Jeff Harpster Name: Jim Raymond Title: Captain Title: County Sheriff Pasco Police Department Franklin County 215 West Sylvester Street 1016 North 4�h Ave. Pasco, WA 99301 Pasco, WA 99301 Email: harpsteriCc�pasco-wa.aov Email: jraymond@co.franklin.wa.us Pasco Police Department: Franklin Count Sheriff's Office: r Dave Zabell Ji a� ond ' City Manager ranklin Counfy Sheriff � APPROVED AS TO FORM: � � err Fer Law, PLLC Shawn Sant City� " rney Franklin County Prosecutor Page 3 of 4 kE� voh�.r on. �a,n�,'Giti GvYn� /�G�ivt�nis�i'a�ov GMS APPLICATION NUMBER: 2020-H9205-WA-DJ *By law, the Prosecuting Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contracts or legal document on behalf of other parties. Our view of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval and should seek review and approval by their own respective attorney(s). Page 4 of 4