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HomeMy WebLinkAbout5.524 Original Contract 5.50<<1 CLALLAM COUNTY SHERIFF'S DEPARTMENT 223 E. 4th Street, Port Angeles, WA 98362 (206) 417-2262 FAX: 417-2498 Provider Organization: Funding Authoritv: Port Angeles Police Department Address: Department of Community, Trade, and Economic Development Phone: 321 East 5th Street Sequim, W A 98382 (360) 452-4545 Contract Amount: $1,000 CMASA Contract # M9967100005 Tax Identification Number: 91-60001298 Service Modality Provider Contact CCSD Contact PREVENTION KEVIN MILLER JIM BORTE INTERLOCAL AGREEMENT (RCW 39.34) EFFECTIVE DATE: September 1, 1999 The period of this agreement begins on the date of execution and extends to June 30, 2000 PARTIES: The parties to this agreement are Clallam County Sheriff's Department, hereinafter referred to as CCSD and Port Angeles Police Department hereinafter referred to as P APD THIS AGREEMENT IS BASED ON THE FOLLOWING PREMISES: I. That Clallam County has been awarded a CMASA grant to combat substance abuse & violence by the Washington State Department of Community, Trade, and Economic Development and II. That the Clallam County CMASA Board and County Commissioners submitted a grant application which included provisions for funding the DARE program operated by the Port Angeles Police Department BASED ON THE MUTUAL COVENANTS CONTAINED HEREIN, THE PARTIES AGREED AS FOLLOWS: 1. Duration The duration of this agreement is from September 1, 1999 to June 30, 2000. \contract\personnl\municorp 1 12/14/99 2. Purooses The parties enter into this agreement to provide the DARE program in the Port Angeles School District with the goal of reducing substance abuse and violence among children in the Port Angeles School District 3. Method and Amount of Fundin2 Funding for the execution of this agreement is received by CCSD from the Washington State Department of Community, Trade and Economic Development. CCSD shall distribute funding to P APD for the provision of services. This is a one time only grant. Funding for the period September 1, 1999 through June 30,2000. It will be in the amount of $1,000 and is to be used in accordance with the budget detailed in Attachment A. This award requires a minimum 25% match from the provider. The match can be a combination of "soft" and "hard" resources. "Hard match" may include actual cash outlays, by the PAPD, for salaries, goods or services. "Soft match" may include utilites, phone services, computer services, unpaid services by P AP&R or volunteers at fair market value, any third-party contributions, donated supplies or equipment, travel costs, recruitment costs, advertising costs, publication costs, and any other expeses approved by the county as soft match. The amount of$I,OOO will be paid within 60 days of the signing of this agreement by both parties, providing all reporting requirements to date have been met and activities have proceeded as planned. 4. Statement of Work Services shall be performed for the period September 1, 1999 through June 30,2000 in accordance with the Statement of Work, Attachment B. 5. Cost Sharin2 Principals This contract is awarded on the basis ofa shared cost by the Sherift's Department and the PAPD. The County contribution shall not exceed 80% ($1,000) of the budget amount of the program as detailed in Attachment "A". 6. Unallowable Costs - Prevention Funds In addition to Federal and State fund use limitations, use of CMASA funding is limited as follows: : A. B. 7. Monitorin2 and Evaluation A progress report will be due 10 days following the end of each hi annual period, i.e., January 10, 2000, July 10, 2000. Each progress report shall include at a minimum: types of events, number events, number of persons attending each event, demographic profile of participants, achievements, problems encountered and solutions. \contract\personnl\municorp 2 11/5/99 " , 8. RelationshiD of Parties The parties agree that an independent contractor/County relationship is created by this agreement. The implementation of contracted activities and the results to be achieved are solely the responsibility of P APD No agent, employee, servant, or representative of P APD shall be deemed to be an employee, agent, servant, or representative of County for any purpose and the employees of P APD are not entitled to any of the benefits County provides for County employees. P APD will be solely and entirely responsible for its acts and for the acts of its agents, employees, servants, subcontractors, or otherwise during the performance of this agreement. P APD shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under, but not limited to, social security and income tax laws and business and occupation tax laws. In the performance of the contracted activities herein contemplated P APD is an independent contractor with the responsibility and authority to control and direct the performance and the details of the work in accordance with the terms and conditions of this agreement. However, the results of the work contemplated herein must meet the approval of County and shall be subject to County's general rights of inspection and review to secure the satisfactory completion thereof. In the event that either the state or federal government determines that an employer-employee relationship exists rather than an independent contractor relationship such that Clallam County is deemed responsible for federal withholding, social security contributions and the like, P APD agrees to reimburse Clallam County for any payments made or required to be made by Clallam County. Should any payments be due to the County pursuant to this agreement, PAPD agrees that reimbursement may be made by deducting from such future payments a pro rata share of the amount to be reimbursed based upon the following formula: Total amount to be reimbursed = Deduction from payment Number of payments remaining Notwithstanding a determination by the state or federal government that an employer-employee relationship exists, PAPD, its officers, employees and agents shall not be entitled to any benefits which Clallam County provides to its employees, including, but not limited to, vacation and medical benefits. 9. Hold Harmless and Indemnification P APD shall defend, indemnify and hold harmless Clallam County, its officers and employees against any suit, demand, action, claim, cost, including reasonable attorney fees, because of personal or bodily injury including death, at any time resulting therefrom, or because of damage to property including the loss of use thereof, whether such injury to persons or damage to property is due to the negligence ofPAPD , its employees, agents, successors or assigns, or due to the negligence of the County, its officers, and employees, unless such injury or damage shall have been occasioned by the sole negligence of the County, its officers or employees. 10. Insurance Without limiting Agency's indemnification, it is agreed that P APD shall maintain in force, at all times during the performance of this agreement, a policy or policies of insurance covering its operations and shall in each policy, name County, its officers and employees as co-insureds. Such policies shall cover public liability, with lImits of liability not less than: 500,000 Each person, personal injury includmg death \contract\personnl\municorp 3 11/5/99 '. 1,000,000 250,000 2,000,000 Each occurrence, personal injury including death Each occurrence, property damage liability Aggregate liability for errors and omissions with limits not less than: 1,000,000 1,000,000 Each occurrence Aggregate and Workman's Compensation coverage as required by the Industrial Insurance Act of the State of Washington. 11. Industrial Insurance Waiver With respect to the performance of this agreement as to claims against the County, its officers and employees, P APD expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to defend, indemnify and hold harmless provided in this agreement extend to any claim brought by or on behalf of any employee of Parks & Recreation. This waiver is mutually negotiable by the parties to this agreement. 12. Boldin2 of Prooertv No property shall be held jointly between the parties to this agreement. All property acquired and utilized in furtherance of administration of the Plan shall be the sole property of CCSD. All property acquired and utilized in furtherance of programs carried out by a party under the Plan, shall be the property of that party. Upon the termination of participation of any party to this agreement, that party shall be entitled to retain that property set over to it pursuant to the terms of this paragraph free from all claims of any other party. 13. Administration Administration shall be conducted in accordance with the Plan formulated in accordance with this agreement. 14. Savin2s In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this agreement and prior to normal completion, CCSD may terminate the agreement under the "Termination" clause, subject to re-negotiation under those new funding limitations and conditions. 15. Records Maintenance Each party shall maintain sufficient records to demonstrate that funds allocated under this agreement, have been expended in accordance with RCW 39.34. All duly authorized auditors or their representative of the State of Washington and of the parties shall have full access and the rights to examine any of these materials during this period, subject to confidentiality laws and regulations These records shall be retained for seven (7) years. \contract\personnl\municorp 4 1115/99 . . 16. Reconciliation Within six (6) months of termination of the agreement, a document that reconciles expenditures with payments will be submitted to CCSD to assure expenditure of funds in compliance with RCW 70.96A, WAC 275-19 17. Dispute Resolution Should any dispute arise between any of the parties to this agreement as to the respective rights and duties of any of them under this agreement or the Plan, the disputing parties agree to submit the dispute to final and binding arbitration. The arbitration shall be conducted before one (1) arbitrator chosen by the disputing parties. If the disputing parties are unable to agree upon the identity of the arbitrator, anyone of the disputing parties shall apply to the Superior Court of Clallam County, Washington, which shall then name the arbitrator. The disputing parties will share equally the expenses and fees of the arbitrator. The arbitration shall be conducted pursuant to RCW 7.04, the Mandatory Arbitration Rules of the State of Washington. The arbitration hearing shall be conducted in Clallam County unless another location is agreed to by all of the disputing parties or selected by the arbitrator. 18. Notice All notices envisioned under this agreement shall be given by first class, United States Mail, postage prepaid and addressed as follows: Clallam County Sheriff's Department 223 East 4th Street Port Angeles, W A 98362 and Port Angeles Police Deaprtment 321 East 5th Street Port Angeles, Washington 98362 All notices shall be deemed given no earlier than when properly deposited in the United States Mail. The postmark on the envelope bearing any notice shall be conclusive evidence of the date of the deposit in the mails of the United States. 19. Termination Except as otherwise provided in this agreement, either party may terminate this agreement upon thirty (30) days written notification to the other party. If this agreement is so terminated, the terminating party shall be liable only for performance in accordance with the terms of this agreement for performance rendered prior to the effective date of termination. In the event funding from state, federal, or other sources is withdrawn, reduce, or limited in any way after the effective date of this agreement and prior to normal completion, CCSD may terminate the agreement until the "Termination" clause, subject to re-negotiation under those new funding limitations and conditions. \contract\personnl\rnunicorp 5 1115/99 . , 20. Termination for Breach of Ae:reement Failure of P APD to comply with the provisions of this agreement constitutes a breach of said agreement and is justification for termination by County. County will provide written notice of its intention to terminate 30 days before the date of termination. P APD must respond in writing within 15 days of such notice giving corrective action to be taken by P APD to prevent termination. If corrective action is acceptable to County, P APD will have 30 days to implement such corrective action. County's waiver of any breach of the agreement shall not be deemed a waiver of any prior or subsequent breach. 21. Public Information All books, informational pamphlets, press releases, research reports, articles and similar public notices prepared and released by P APD for the services described in this contract shall include the statement, "This project receives funding from the Clallam County Sheriffs Department." In addition, all such notices shall contain a statement acceptable to the County stating that the aforementioned project complies with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and the Americans with Disabilities Act of 1990. 22. Non-Discrimination The Contractor shall not discriminate against any person on the basis of race, creed, political ideology, color, national origin, sex, marital status, sexual orientation, age, or the presence of any sensory, mental or physical handicap. 23. Subcontractin2 P APD will not enter into subcontracts for any of the work expected by this agreement without first obtaining review and written approval of the subcontract by County. 24. Severabilitv 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, and to this end the provisions of this agreement are declared to be severable. \contract\personn1\municorp 6 11/5/99 o. 25. Authorization The persons signing this agreement on behalf of the parties represents that each has authority to execute this agreement on behalf of the party entering into this agreement. CLALLAM COUNTY ?Z~~::iJl!!~M1dm~ Board of County Commissioners APPROVED AS TO FORM: cY~~ Steve Ilk, Chief Port Angeles Police Department ~~j Prosecuting A mey ~ /1-/)-"11 Date \ \ \contract\personnl\municorp 7 11/5/99 . . BUDGET Total CCSD Contribution Administrative Match 25% TOTAL $ 1,000.00 $ 250.00 $ 1,250.00 \contract\personn1\municorp 8 ATTACHMENT A 11/5/99 . ATTACHMENT B STATEMENT OF WORK As the Contractor, the Port Angeles Police Department will operate the DARE program at selected elementary and middle schools located within the Port Angeles School District.A minimum of 1,500 students will be served through the program during the 1999-2000 school year. Funding will be used to support the program and to purchase necessary materials and supplies for students. The program will include the 17 -week core curriculum (5th grade) and the visitation (3 visits K -4) components. In addition, the middle school program will be taught to 7th or 8th grade classes (10 sessions) and the fifth grade field trip. The program will promote positive and healthy lifestyles free of drug use. Students will be involved in learning about substance issues. They will also be taught refusal, conflict resolution and decision-making skills. They wi111earn about resisting peer pressure, being assertive, dealing with stress, and media literacy. The Contractor further agrees to provide statistical data and information in a timely manner, as requested by the CMASA Board, in order to comply with conditions set forth~by the Washington State Department of Community, Trade and Economic Development. The Contractor will provide two progress report detailing the number of individuals served, types of services provided and demographic information on the participants. The Contractor will also conduct outcome measurements to evaluate the effectiveness of the program. \contract\personn1\municorp 9 11/5/99