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HomeMy WebLinkAbout000292 Original ContractMEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PORT ANGELES POLICE DEPARTMENT AND THE CLALLAM COUNTY SHERIFF'S OFFICE FOR THE FY -10 EDWARD BYRNE MEMORIAL JUSTICE ASSITANCE GRANT (JAG) PROGRAM #2010 -DJ -BX -0628 1. THIS AGREEMENT, is made and entered into this c?9 day of 1E2) 2012, by and between THE CITY OF PORT ANGELES POLICE DEPARTMENT, acting by and through its Chief Executive Officer, the CHIEF OF POLICE, (hereinafter referred to as the CITY), AND THE CLALLAM COUNTY SHERIFF'S OFFICE, (hereinafter referred to as the COUNTY), acting by and through its Chief Executive Officer, the CLALLAM COUNTY SHERIFF. 2. THE PURPOSE OF THIS AGREEMENT IS TO memorialize the terms under which the CITY AND COUNTY will jointly purchase, deploy, and maintain an electronic computer based firearms training system as described in the FY10 Edward Byrne Memorial Justice Assistance Grant (JAG) Program grant application. Specific product and vendors have yet to be determined and purchases will be made consistent with Washington State purchasing requirements. The purchases will be made through the City of Port Angeles procurement system. All equipment will be owned by and under the Clallam County Sheriff's Office property inventory system. Both agencies agree to maintain the system, train their respective operators, and provide needed software updates as required. The CITY and the COUNTY agree to make this electronic, computer based firearms training system available to all local, state, federal and tribal agencies on the Olympic Peninsula. The training managers for the COUNTY and the CITY will coordinate regular training for all agency firearms trainers on the Olympic Peninsula. The stated objective is to have all area law enforcement firearms trainers, regardless of agency, capable of using and deploying the electronic /computer based firearms training system as an adjunct to their existing firearms programs. 3. INDEMNIFICATION: Each party will defend, indemnify and hold harmless the other for liability stemming from its own intentional and /or negligent acts and /or omissions, but not those of the other, or based on claims arising out of the terms of this agreement. 4. DURATION: This Agreement shall be effective on the date signed and shall continue until August 30, 2013, subject to its other provisions. 5. CONTACT PERSONS: CITY and the COUNTY will each appoint a representative who will be responsible for the administration of this Agreement. 6. DISPUTE RESOLUTION: In the event that a dispute arises under this agreement, it shall be determined in the following manner: CITY shall appoint a member to the Dispute Board. The COUNTY shall appoint a member to the Dispute Board. CITY and the COUNTY will jointly appoint a member to the Dispute Board. In the event CITY and COUNTY are not able to jointly agree on a third member to serve on the Dispute Board, either party may petition the Superior Court for Clallam County to appoint a third member to the Dispute Board. The Dispute Board shall evaluate and adjudicate the dispute. The determination of the Dispute Board shall be final and binding on the parties hereto. 7. SECURITY: It is the intent of the parties that the JAG project carried out under this MOU will be conducted at the unclassified level. No classified information will be provided or generated under this MOU. It is considered "Law Enforcement Sensitive." 8. SEVERABILITY: If any provision of this agreement or any provision of any law, rule, or document incorporated by reference into this agreement, shall be held invalid, such invalidity shall not affect the other provisions of this agreement which legally can be given effect without the invalid provision. To this end, the provisions of this agreement are declared to be severable. 9. AGREEMENT ALTERNATIONIS AND AMENDMENTS: CITY and the COUNTY may mutually amend this agreement. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind CITY and the COUNTY. 10. TERMINATION: Except as otherwise provided for in this agreement, either party may terminate this agreement upon thirty (30) days written notice. If this agreement is so terminated, the terminating party 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. 11. COMPLETE EXPRESSION: This Agreement, and any written attachments or amendments thereto, constitutes the complete agreement of the parties and any oral representations or understanding not incorporated herein are excluded. 12. ALL WRITINGS CONTAINED HEREIN: IN WITNESS WHEREOF, CITY and COUNTY have signed this agreement as of the date and year written below: g er, Chief Port Angeles Police Department 321 East 5 Street Port Angeles, WA 98362 Date: c,/-`8 ...f2L) J/tualtJ-- W.L. Benedict, Sheriff Clallam County Sheriff's Office 223 East 4 Street, Suite 12 Port Angeles, WA 98362 Date: 3