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HomeMy WebLinkAbout09-17-2024 ILA Douglas County_Flock Cameras1 Thad L Duvall, Auditor, Douglas County, WA. AFN » 3272271 Recorded 11/27/2024 at 10:21:41AM, INLOAGR Pages: 7 $309.50 CITY OF EASTWENATCHEE Filed for and Return to: Anna Laura Leon, City Clerk City of East Wenatehee 271 9th Street NE East Weaatehee, WA 98802 The information contained in this boxed section is for recording purposes only pursuant to RCW 36.18 and RCW 65.04, and is not to be relied upon for any other puipose, and shall not affect the intent of any wairanty contained in the docuaent itself. Document Title: Interlocal Cooperative Agreement Between the City of East Wenatehee and Douglas County for the Washington Auto Theft Prevention Grant jointly received to support Flock Cameras in both the City of East Wenatchee and Douglas County. Grantor(s): City of East Wenatchee and Douglas County Grantee(s): city of East Wenatchee and Douglas County Reference No.(s) of Related Doc.(s):: Filed with the Auditor pursuant to RCW 39.34.040 Interiocal Cooperative Agreement Behveen the City of East Wenatchee and Douglas County for the Washington Auto Theft Prevention Grant jointly received to support Flock Cameras in both the City o'fEastWenatchee and Douglas County. This is an Interlocal Cooperative Agreement entered under the authority of the Interlocal Cooperation Act, Chapter 39.34 RCW, between Douglas County, a political subdivision of the State of Washington (hereinafter "County"), and the City of East Wenatchee, a municipal corporation of the State of Washington (hereinafter "City"). Collectively, tlie County and the City are referred to as fhe "Parties." Occasionally the County or the City may individually be referred to as a "Party." This Agreement has been authorized by the legislative body of each jurisdiction pursuant to formal action as designated below: City of East Wenatchee: City Council Approval on September 17th, 2024. WHEREAS, the City at properly noticed public meetings have found this coordination to be in the best interest of the public and for the mutual benefit of the public of Douglas County and City ofEastWenatchee. NOW, THEREFORE, in consideration of the mutual covenants, conditions and consideradon, and intending to be bound thereby, it is agreed between the City and County as follows: 1. PURPOSE. The purpose of this Interlocal Cooperative Agreement Between the City of East Wenatchee and Douglas County is for use of grant fundmg received from the Washington Auto Theft Prevention Authority (WATPA) for Flock Group, Inc., ("Flock") cameras ("Camera Project"). $30,000 of the grant is dedicated to the City of East Wenatchee for installation and maintenance of 9 Flock cameras to be located withm the city limits of East Wenatchee. The grant funds will cover one year's cost for the total commitment to Flock for services relating to the generation, storage and distribution of information generated by the Flock cameras. After one year any costs for the extension of services in the City ofEastWeaatchee from Flock would be the sole responsibility of the City of East Wenatchee. This ILA outlmes how the City and County will continue to cooperate on the Camera Project. 2. RECITALS ADOPTED. Recitals set forth above, and in the County's authorizing resolution are hereby adopted and incorporated into these terms as though fully set forth below. Flock Camera Grant Funding 1LA Pg.1of7 [ 3. SCOPE OF SERVICES. This ILA outlines how the City and County will continue to cooperate on the Camera Project. Douglas County will be the payee for Flock and the managing agency for these grant funds. After oae year any costs for the extension of services m the City of East Wenatchee from Flock would be the sole responsibility of the City of East Wenatchee. 4. RELATIONSHIP OF PARTIES. 4.1 No separate entity necessary. No separate legal or administrative entity is created by or pursuant to this Construction Agreement. 4.2 No Joint Venture. Nothing coatamed in this Interiocal Agreement shall be coastmed as creating any type or manner of partnership, joint venture or other joint enterprise between the parties. 4.3 Administrators. Each pai-ty to this Agreement shall designate an individual (an "Admmistrator"), who may be designated by title or position, to oversee and administer such party's participation in this Constmcdon Agreement. The parties' initial Admmistrators shall be the following individuals, but may be changed at any time by delivering written notice of such change to the other party: City's Initial Administrator: Rick Johnson Chief of Police City of East Wenatohee 271 9th Avenue East Weaatchee, WA 98802 County's Initial Administrator: Kevin Morris Sheriff Douglas County 100 19th Street NW, suite A East Wenatchee, WA 98802 4.4 Ownership of Property. Except as expressly provided to the contrary herein, the City and County shall own all improvements within their respective jurisdictions. Nothing contained herein transfers ownership of property, either real or personal, from one party to the other, and nothing herein alters or modifies thejurisdictional boundaries of the Parties. 4.5 Independent Contractor. Both Parties are deemed independent contractors for all purposes, and the employees of each Party and any of its contractors, subcontractors, consultants, and the employees thereof, shall not in any manner be deemed to be the employees of the other Party. Each Party shall retain all authority for provision of services, standards ofperfonnance, discipline and control of its own personnel, and other matters incident to its performance of services pursuant to this Agreement. Nothing in this Agreement shall make any employee of the County an employee of the City or any employee of the City an employee of the County for any purpose, including but not limited to, withholding of taxes, payment of benefits, workers' compensadon pursuant to Title 51 RCW, or any other rights or privileges accorded their respective employees by virtue of their employment. 5. TERM OF AGREEMENT. 5.1 Duration. This Interiocal Agreement shall remain in effect for the duration of the one year grant funded contract with Flock Group Inc. 5.2 Termination. This Agreement may be terminated prior to the final payment upon the mutual agreement of the Parties in writing and approved by action taken in public meetings by both legislative authorities. Flock Camera Grant Funding ILA Pg. 2 of 7 I 6. DUTIES OF THE PARTIES. 6.1 City Obligations. The City is the lead agency for the Project and shall admiuster the awarded construction contract(s), mcluding: 6.1.01 As permitted by law, enter into separate agreements with tliird parties to perform any and al! work or services reasonable and necessary for completion of the project; 6.1.02 Schedule and coordinate the Project construction. 6.2 County Obligations. The County shall: 6.2.01 Receive all funds from the WATPA grant; 6.2.02 Be the managing agency for these grant funds, to include payment for all work or services reasonable and necessary for completion of the project and to include payment for all Flock services during the first year of the services agreement between the City and Flock. 6.3 Accounting. All accounting and financial transactions for the Project shall be conducted through the County. All accounting procedures shall be m accordance with applicable federal and state requirements, state law, and modified cash basis methods prescribed by the Washington State Budgeting, Accounting and Reporting System (BARS). Information to convert to Generally Accepted Accounting Principles (GAAP) will be provided to the County if necessary for its reporting. 7. MUTUAL COOPERATION. The Parties agree to perform any further acts and to execute and deliver any further documents as may be reasonably necessary to fully effectuate the provisions of this Interiocal Agreement. 8. THHU) PARTY CONTRACTS. The City shall, as pennitted by law, eater into separate agreements with third parties to perform any and all work or services reasonable and necessary for completion of the project. 9. INSURANCE. 9.1 Each party shall maintain its own insurance or self-insurance or both for its obligadoas from damage to property and injury to persons arising out of its activities associated with this Agreement as it deems reasonably appropriate and prudent. The maintenance of, or lack thereof of insurance or self- insurance or both shall not limit the liability of the indemnifying part to the indemnified party(s). Upon request, a Party shall provide the other with a certificate of insurance or letter ofself-msurance as the case maybe. 9.2 Each Party shall provide or purchase workers' compensation coverage to meet the Washington State Industrial Insurance regulations and cause any contractors or subcontractors working on behalf of said party to also carry such insurance prior to performing work under the Interiocal Agreement. 10. NOTICES. All notices required to be given by any party to the other party under this Interlocal Agreement shall be in-writing and shall be delivered either m person, by United States mail, or by electronic mail (email) to the applicable Administrator or the Administrator's designee. Notice delivered in person shall be deemed given when accepted by the recipient. Notice by US Mail shall be deemed given as of the date the same is deposited in the US Mail, postage prepaid, and addressed to the Administrator or the Flock Camera Grant Funding ILA Pg. 3 of 7 Admmistrator's designee, at the address set forth in Paragraph 5.3. Notice delivered by email shall be deemed given as of the date and tune received by the recipient. 11. CLAIMS AGAENST PARTIES. A party shall notify the other party of any and all claims received by it that are directly or indirectly related to the Project within three (3) busbess days after receipt. This notification shall be requked regardless ofthejurisdictional location, if any, of the alleged cause of damage. The nodfication shall include a copy of the nodce of claim filed with the party and any accompanying documentation or evidence provided by the claimant. 12. INDEMNIFICATION AND HOLD HARMLESS. 12.1 Each party shall protect, defend, indemrufy and save hannless the other party, its of5eers, officials, employees and agents while acting within the scope of their employment as such, from any and all third-party suits, costs, claims, actions, losses, penalties, judgments, and/or awards of damages, of whatsoever kind arising out of, or in connection with, or incident to the perfbmiance of this Interlocal Agreement caused by or resulting from each party's own negligent acts or omissions to the extent of its comparative liability. 13. PERFORMANCE OF DUTIES. 13.1 Compliance with All Laws. In the performance of its obligations under this Construction Agreement, each Party shall comply with all applicable federal, state and local laws, rules, regulations and ordinances. Should a party's non-compliance result in loss of Project funding, fmes, fees, or other regulatory penalties, the non-complying party shaU be solely responsible for the cost of those penalties and shall rekaburse the compliant party for any out-of-pocket expenses, including but not limited to any required payback of outside funding. 13.2 Records. Each Party shall have access to all records and other related documentation of the other Party relating to the perfonnance of this Agreement. Each Party shall maintain books, records, documents and other materials relevant to its perfomiance under this Agreement that sufficieady and accurately reflect any and all direct and indirect costs and expenses incurred or pain in the course of perfonning this Agreement. These records shall be subject to mspection, review and audit by either Party or its designee, the Wasliington State Auditor's Office, and authorized federal agencies. Each Party shall retain all such books, records, documents and other materials for six (6) years following the termination of this Agreement or such longer period as may be required by law. 13.3 Conflict of Interest. The elected and appointed officials and employees of the Parties shall not have any personal financial interest, direct or indirect, which gives rise to a conflict of interest as defmed by Washington law. 14. ADMINISTRATION. 14.1 Time. Time is of the essence of this Agreement. 14.2 Waiver Limited. A waiver of any temi or condition of this Agreement must be m writmg and signed by the waiving Party. Any implied waiver of a term or condition of this Agreement shall apply only to the specific act, occurrence or omission and shall not constitute a waiver as to any other term or condition or any future act, occurrence or emission. Flock Camera Grant Funding ILA Pg.4of7 15. DEFAULT AND REMEDIES. In the event of a default in performance by either Party, the Party alleging default shall provide written notification of the nature of the default to the other Party. The Party allegedly in default shall have 14 days in which to cure the default. If the default is not cured withm that timeframe, the Parties agree to submit the matter to mediation. Each Party shall appoint one representative to serve as mediators. In the event the matter cannot be resolved through such mediation, either party may file suit as provided in section 17 below. 16. ATTORNEY FEES. If any legal action, mediation, arbitration or other proceeding is brought for the enforcement or interpretation of this agreement, or because of an alleged dispute, breach, default, or misrepresentation in comiection with any of the provisions of this Agreement, each party shall bear its own attorney's fees and costs incurred. 17. GOVERNING LAW AND VENUE. This Agreement shall be governed exclusively by the iaws of the state of Washington. The Grant County Superior Court shall be the sole proper venue for any and all suits brought to enforce or interpret this Agreement. 18. GENERAL PROVISIONS. 18.1 No Assignment. Except as otherwise specifically provided in this Agreement, the Parties may not assign any rights or delegate any duties under this Agreement, whether by assignment, subcontract or other means. Any such attempted assignment or delegation shall be void and shall constitute a material breach. 18.2 Entire Agreement. This Agreement with its appendices, and references, in addition to the Project Plans and Specifications and the Pre-Constmction Agreement where it is not in conflict herewith constitute the entire agreement between the Parties and no understandings, representations, or agreements not contained therein have been made to induce the Parties to enter into this Agreement. 18.3 Amendment. This Agreement may not be amended, supplemented or otherwise modified unless expressly set forth m a written agreement approved by the legislative authorities of each Party and signed by the Parties. 18.4 Invalid Provisions. This Agreement will be enforced to the fullest extent pennitted by applicable law. If any term or provision of this Agreement is held to be invalid, illegal, or unenforceable by a court or other governmental authority of competent jurisdiction, those remaining, unaffected tenns or provisions shall remain in jEull force and affect so long as the remaining provisions are sufficient to fulfill the mtent of the parties and purpose as stated in this Agreement. 18.5 Counterparts. This Agreement may be executed by the Parties using duplicate counterparts. 18.6 Ratification. Acts taken in confomiity with this Agreement prior to its execution are hereby radfied and affinned. 18.7 Recording and State Approval. Pursuant to RCW 39.34.040, this interlocal agreement shall be recorded with the Douglas County Auditor and filed by the City Clerk. To the extent any state officer or agency has control over the services or facilities which may be the subject of this Agreement, this Agreement it shaU. be submitted to such state officer or agency for approval pursuant to RCW 39.34.050. Flock Camera Grant Funding 1LA Pg. 5 of 7 BY COUNTk: Approved on this ^.^day of 'TJ^L^ /^t?-(-^ . 2024. xQNEflss c^0^^.^**-9*^00 SEAL §s f^.ff**:?"*:%yx's'^'^'u^ ATTEST: CARLYK BAITY Clei AA Clerk oft J^, BOAIID Of COU\TY,COMNUSSIO\ERS D()p<?T^S COUN'C^, WA^<IIJ^T()\^ //^>^ .„ / y^—^f ^un-^N' t4Affi HAlfc S'l'RAtiK. VICE CHAIR EXCUSED KYIJ: STEIN^URG, COMMISSIONERr'LJ: S^-^/^MORRIS H.ASCOliNTYSHFRIFF Approv^t^is to forni: James MiTchell, WSBA #31031 Civil Deputy Prosecuting Attorney Ftock Camera Grant Funding ILA Pg. 6 of 7 BY ciry: Approved by the Council on this 17T" day of September 2024. ATTEST: ANNA LAUR.-\ LEON^f^\^^^^^ CityClerlT } APPROVED AS TO FORM: ^M_ CH\ OF EAST \\ IL\ATCIIEE "zYfiieff. 'y^'fit.'f JFRRIU'A CRAVWOHD. MAYOR Rjic^, lc^uuffn' ' X;l, ^;-;^ RICK JOHNSON, CHIEF LASTWFNATCHEE POI.ICE DKPARTMFNT BOB SIDERIUS EAST WENATCHEE CIT\' ATTORNEY Flock Camera Grant Funding ILA Pg. 7 of 7