HomeMy WebLinkAbout5.522 Original Contract
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INTERLOCALAGREEMENT
BETWEEN THE
HOUSING AUTHORITY OF THE COUNTY OF CLALLAM
AND
CITY OF PORT ANGELES
This is an agreement made and entered into this ~ay of~, 1999, by and between the Housing
Authority of the County ofClallam (hereinafter referred to as the Housing Authority) and the City of Port
Angeles Police Department (hereinafter referred to as PAPD) under the provisions ofRCW 39.34 (interlocal
agreement), and under the general powers and authorities of the Housing Authority and the City of Port
Angeles.
1. Parties. The Housing Authority is a municipal corporation receiving grant funds from the
Department of Housing and Urban Development (HUD) under an Annual Contributions Contract
(ACC). The P APD represents itself as an agency with staff, knowledge, skills and abilities to
perform and provide the services outlined in this agreement.
2. Purpose. The purpose of the agreement is to contract for the provision of specific police services
to work toward a drug- and crime-free environment and to provide for alternative activities and
positive role modeling for residents. This agreement between the Housing Authority and P APD is
not intended to create any third party beneficiaries.
3. General Terms and Conditions.
3.1 The period of performance of services set forth in this agreement shall be from June 1, 1999
through June 1, 2000.
3.2 In performing the services under this agreement, the P APD is deemed to be an independent
contractor, and nothing herein is to be construed as establishing an employer-employee
relationship.
3.3 The PAPD shall supply a monthly narrative report in sufficient detail to:
1) document successful completion of any of the strategy components indicating
number of residents participating in each activity. All data shall be supported
by attendance signature sheets;
2) document any problems encountered in implementing this plan and how they
were addressed;
3) evaluate whether rate of progress meets expectations;
4) document the PAPD's efforts to encourage resident participation which shall
be supported by copies of flyers, advertisements, etc.; and
5) describe any programs that may have been initiated or expanded as a result
of the plan, with any identification of resources and number of people
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involved in the program and their relation to the plan.
Housing Authority Provisions. In consideration of the terms and conditions of this agreement, the
Housing Authority agrees to the following:
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4.1 To provide the P APD access and use ofthe following site: 2603 South Francis Street, Port
Angeles, Washington, as needed for compliance with this contract.
4.2 To pay the PAPD $35.00 per hour contracted services described in this agreement for an
amount not to exceed $ /0) 7:JO,DO Payments for services rendered will be on a monthly
payment schedule.
4.3 To make available electric, water, sewer and garbage service and to pay for said services for
the facility provided in Section 4.1.
4.4 To make available the Executive Director or Resident Services Coordinator to monitor the
program and provide information regarding the terms of this agreement.
4.5 Will provide the PAPD with a Public Housing Police Activity Form(s) for assigned officers
to complete. These forms are not to replace police reports utilized by the City - they are to
document activities specifically for the Housing Authority.
4.6 Will provide the P APD with the applicable Authority rules and regulations for compliance
with this Contract.
4.7 Will work with the P APD to subsidize housing or rent costs for volunteer police officers to
reside in a public housing development selected by the Authority.
5. P APD Provisions. In consideration of the terms and conditions of this agreement, the P APD agrees
to the following:
5.1 The P APD agrees that the police department will employ a community policing concept that
the police department's Crime Prevention Unit (or other unit whose primarily responsibility
is to develop and maintain communications with residents) will assist in developing and
enhancing crime prevention programs in the public housing communities.
5.2 The police department shall designate an officer as the Administrative Liaison Officer, who
will work in concert with the Resident Services Coordinator of the Housing Authority.
5.3 Provide annual training for volunteer residents to staff a Voluntary Resident Patrol; provided
that the Housing Authority, not the City, shall be responsible for actions of said Patrol.
5.4 Provide additional police presence at Mt. Angeles View three hours a week to work with
neighborhood children. Activities of this Community Police Officer will include drug
education, mentoring, and other activities designed to interact with youth (basketball, games,
community service activities, etc). The goal is to educate and mentor youth and foster their
trust in the P APD.
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5.5 Assist or advise the planning and implementation of other grant-funded security programs
within the Authority.
5.6 The PAPD shall employ sufficient personnel to fulfill the terms and conditions of this
agreement. Said personnel shall be employees of the P APD, and the P APD shall be solely
responsible for the payment of any wages and/or benefits and establishing the terms and
conditions of employment of said employees.
5.7 The PAPD agrees to abide by applicable laws, regulatory requirements, including without
limitation, all federal, state, and local laws, regulations, executive orders, OMB circulars and
codes.
5.8 To maintain records, documents, and other evidence, which sufficiently and properly reflects
all direct and indirect costs expended by the P APD in the performance of the services
described herein. These records shall be subject at all reasonable times for inspection,
review, or audit by Housing Authority personnel and other personnel duly authorized by the
Housing Authority, the Office of State Auditor, and federal officials so authorized by law.
The P APD shall retain all records, documents and other material relevant to this agreement
for three (3) years following the termination of this agreement and other pending matters are
closed.
5.9 The PAPD shall not discriminate against any person in any manner on the grounds of race,
creed, color, religion, national origin, sex, age, marital status, or the presence of any sensory,
mental, or physical handicap, or any other status or condition now or hereafter protected by
any state or federal law against discrimination.
5.10 Licensing and Program Standards. The PAPD agrees to comply with all applicable, Federal,
State, County, or Municipal standards for licensing, certification, and operation of facilities
and programs, and accreditation and licensing of individuals, and any other standards or
criteria as described in the agreement to assure quality of services.
5.11 Establish a clearly defined process for reporting non-emergency criminal activities.
6. Termination of Agreement. This agreement may be terminated for any of the following reasons:
6.1 Termination for Cause. Either party may terminate this agreement without prior written
notice if the other party fails to abide by the terms and conditions of this agreement.
6.2 Termination of Funding Reasons. Either party may terminate this agreement by written
notice in the event that funding from the Public Housing Drug Elimination Program sources
is withdrawn or is no longer allocated for meeting its obligations contained in this agreement.
6.3 Termination with Notice. Either party may without cause, at any time during the term of this
agreement, terminate the contract by giving a thirty (30) day prior written notice of its intent
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to terminate.
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7.
Assigned Personnel. The Housing Authority shall reserve the right to reasonably request the P APD
to replace any Assigned Personnel for the following reasons:
7.1 The Neglect or non-performance of duties;
7.2 Disorderly conduct, use of abuse or offensive language, or fighting;
7.3 Criminal action;
7.4 Selling, consuming, possessing or being under the influence of intoxicants, including alcohol
or illegal substances, while on assignment to the Housing Authority;
7.5 Inadequate punctuality or attendance; or
7.6 Substantiated complaints from public housing residents or management.
The Housing Authority shall provide a written enumeration of the reasons for the request for re-
placement of the Assigned personnel, including documentation and witnesses to the alleged
behaviors.
8. Reporting. The PAPD will require all Assigned Personnel (police officers) to complete a daily log
provided by the Authority at the conclusion of each day and will forward the original report the
Housing Authority's designee. This report will include, but not be limited to, data as follows:
Hours worked;
Activities completed;
Conflict resolution; e.g., resolved apparent or actual conflict between two or more people;
Arrests, citations, or contact with suspicious persons occurring while on-site;
Referrals to the Housing Authority or other local agencies
Positive contacts;
Calls for service; and
Community feedback.
It is further agreed that the P APD will provide crime statistics on an annual basis for both Public
Housing Sites and the community as a whole to facilitate the evaluation what percentage of criminal
activities City-wide occur on Housing Authority property.
9. Plan of Operations.
9.1 The P APD and the Housing Authority shall prepare a detailed plan of operations for use in
implementation of this contract. The purpose of the plan is to specify the manner and
method of performance by which each of the services identified is to be administered.
The plan of operations will minimally specify the following;
Service goals and minimum performance criteria (e.g., a definition of what is to be achieved
and the expected benefits or outcomes that will be derived);
Staffing levels;
Responsibilities of key personnel;
Organization and resources, to include personnel, equipment, in-kind support, etc;
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Hours of operation, to encompass schedules of major tasks and activities; and
Community interface to evidence the methodology by which resident involvement will be
gained and maintained during the term of the Contract.
9.2 The plan of operations will be prepared for review and acceptance within thirty (30 days from
the date of execution of this Contract by both parties. It is understood that the Housing
Authority may request reasonable modification to the initial plan of operations as it deems
appropriate. The Housing Authority must approve the plan in order for payment to begin.
9.3 If during the telm of the Contract either party desires to amend the scope of the plan of
operations, either party may request such an amendment via written notification. The
Executive Director of the Housing Authority andlor the Chief of Police shall provide final
determinations regarding the establishment of an amendment of the plan of operations.
10. Entire Agreement. This contract contains the entire agreement between the parties. There are no
other understandings, agreements or representations, oral or written, not specified herein regarding
this contract. This contract shall not be amended orally, but only be an agreement in writing signed
by each of the parties.
11. Insurance. The City of Port Angeles shall procure and maintain for the duration of this agreement,
liability coverage against claims for injuries to persons or damage to property which may arise from
or in connection with the performance ofthe work hereunder by the Port Angeles Police Department,
its official, agents and employees.
The City shall provide commercial general liability coverage in the amount of $1,000,000 per
occurrence. This coverage shall not be canceled, except after thirty (30) days prior written notice
by certified mail, return receipt requested, has been given to the Housing Authority. The City of Port
Angeles will provide evidence of this required coverage to the Housing Authority within thirty (30)
days after the execution of this agreement.
12. Indemnification and Hold Harmless. Each party shall be responsible for the negligence of its own
employees or agents in the performance of this agreement and shall defend, indemnify and hold
harmless the other from any claims, suits, or judgments arising from its negligence or the negligence
of its employees, agents, or subcontractors. This paragraph is not intended to benefit third parties
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or msurance comparues
13. Choice of Law. This contract shall be governed by and construed in accordance with the laws of
Washington and venue shall be in Clallam County, Washington.
14. Severability and Survival. If any of the provisions of this contract shall be held invalid, the
remainder of this contract shall not be affected thereby.
15. No Assignment. Neither this contract or any interest therein, or claim thereunder, shall be assigned
or transferred by either party to this agreement.
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As evidence of their Agreement, both parties, through their authorized agents, having read and
understood the above and foregoing, and with the intend to bound hereby, hereby execute this
Agreement on the date last entered below.
HOUSING AUTHORITY OF THE
COUN -OF CLALLAM
CITY OF PORT ANGELES
By:
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G~fy Bra , Mayor
ctor
Date:
Date:
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ATTEST: &~.O:>'a .L1ftf"-
Becky t , City lerk
Approved as to Form:
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By:
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Craig KnJtson, City Attorney
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