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HomeMy WebLinkAboutWA State Department of Corrections RESOLUTION NO. 4 7 12 A RESOLUTIOIV OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR OR MIS DESIGNEE TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF AUBURN AND THE WASHINGTON STATE DEPARTMENT OF CORRECTIONS FOR SERVICES . 1NVOLVING , DEPARTMENT COMMUNITY CORRECTION OFFICERS AT THE AUBURN JUSTICE CENTER _ WHEREAS, the City of Aubum and the Washington State Departmenf of„ Corrections has interaction between the finro agencies relating to correctional - activities involving people at the Auburn Justice Center; and WHEREAS, It would be appropriate and advantageous for the City and the State Department of Corrections to enter into a contract, Contract Number K9079, to identify the responsibilities and obligations of the parties in . connection with the activities and services performed by or involving Depa_rtment Community Correction Officers. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor or his'designee is hereby authorized to execute an agreement between -the City of Auburn and the Washington State Department of Corrections for services involving Community Correction Officers of the Department of Corrections in substantial conformity with the agreement attached hereto, marked as Exhibit "A" and incorporated herein by this reference. Resolution No. 4712 May 17, 2011 Page 1 of 2 Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. This resolution shall be in full force and effect upon passage and signatures hereon. ~ Dated and Signed this ~~~day of , 2011. . C N PETER B. LEWIS, MAYOR ATTEST: Dan* le E. Daskam, City Clerk APPROVE AS TO FOR : aniel B. Hei , City Attorn Resolution No. 4712 May 17, 2011 Page 2 of 2 : - STAO~ bst~~~ of WaslEnairngtoinl lD~~~~aritmrueirnt of cCo~~ectaons d ='-x cCon~~acit No. Kqo7q ~~'L 1889 '7['has Interlocca~ Agreemrnentt ("AgreemenY') is made by the state of Washington, Department of Corrections, hereinafter referred to as Department, and Aubum Police Department, hereinafter referred to as Agency. WHEREAS, RCW Chapter 39.34 (Interlocal Cooperation Act) permits state agencies and local Govemments to make the most efficient use of their powers by authorizing'them to enfer into Agreements with each other, in order to. provide senrices and facilities in a manner best serving the needs and development of their local communities. WHEREAS, the purpose of this Agreement is to allow. Department to place Community Corrections Officers ("CCO's") at the premises owned/operated by Agency located af 340 Easf main Street, Suite 201, Aubum WA 98002. NOW THEREFORE, in con'sideration of the terms and conditions contained herein, Department and Agency agree as follows: Agency Responsibilities: Agency shall provide: A. Office space for one (1) CCO at premises, to include a desk, file cabinet and telephone line. Premises will be accessible to the CCO seven days a week, twenty- four hours per day. B. A mail box slot at Premises to which CCO has access. ~ C. Janitorial senrice for the office space. . ~ 2, Department Responsibilities: Department shall: - A.. Keep the office space clean B. Wear Department identification at all times when within the building. C. Escort visitors at all times wfiile within the building. ; D. Provide, install, and maintain a reporting kiosk, as applicable. E. Procure, install, and maintain VPN connectivity (attachment A). 3. Mutual' benefits: This Agreement improves both parties ability to carry out public safety responsibilities through: A. Joint Operations covering, events, holidays, and hometrield contact. B. Immediate response regarding felons under Department supervision. C: Joint involvement in Community groups. D. information sharing resources, such as wanted persons information and local ongoing community concems. 4. ~ Access to information: A. Access to all Department computer systems and files are restricted to the CCO. Department will follow its policy for dissemination of any information from its computer systems and files. State of Washington Interlocal Agreement Page 1 of 3' ~ Department of Corrections K9079 118361- - B. Access to all Agency computer systems and files are restricted to Agency personnel unless trained and authorized. The Agency will follow its policy and applicable law concerning dissemination of all Agency information. 5. Term: This agreement shall take effect April 15, 2011 and shall continue in effect until terminated March 31, 2013. This Contract Agreement may be extended by mutual ' agceemenf of the parties for two (2) additional one-year periods or portions thereof. Any such extension shall be evidenced by a properly completed written amendment to this Agreement. Either party may terminate this Agreement by giving thirty (30) days written notice to the other. 6 Hold Harmless: Each party to this Agreement shall_be responsible for its own acts . and/or omissions and those of its officers, employees, and volunteers. No party to this Agreement shall be responsible for the acts and/or omissions of entities or individuals not a party to this Agreement. 7. Contact Persons: The parties stipulate that the following persons shall be the contact person for their respective jurisdiction. A. William T Pierson, Assistant Chief of Police, Aubum Police Department, 340 East Main Street, suite 201, Aubum WA 98002, (253) 876-1996, wpiersonO-aubumwa.cov B. Curtis Crisp, Community Corrections Supenrisor, Department of Corrections, NW 240 Aubum Office, Aubum WA. 98002, (253) 931-6343, curtis.crispadoc.wa.pov. 8. Nothing herein shall require or be interpreted to: A. Waive any defense arising out of RCW Title 51. B. ;Limit or restrict the ability ofi either entity or employee or legal counsel for either entity or employee to exercise any right, defense or remedy which a party to a lawsuit may have with respect to claims for third parties, including, but not limited to, any good faith attempts #o seek dismissal of legal claims against a party by any proper means allowed under the civil rules in either state or federal court. 9. General Provisions: A. Entire Agreement. This Agreement contains all of the terms with respect to any matter covered or mentioned in this Agreement. B. Modification. No provision of this Agreement may be modified except by written agreement signed by the Parties. ` C. Successors. This Agreement shall be binding upon the Parties' successors in interest and assigns. , D. Severability. Any provision of this Agreement which is declared invalid or illegal shall in no way affect or invalidate any other provision. E. Default. In the event that either of the Parties defaults on the performance of any terms of this Agreement or either party places the enforcement of this Agreement in the hands of an attomey, or files a lawsuit, each Party shall pay all its own attomeys' fees, costs and expenses. F. Venue. The venue for any dispute related to this Agreement shall be Thurston County, Washington. G. Waiver. Failure of the Agency to declare any breach or default immediately upon the • occurrence thereof; or delay in taking any action in connection with, shall not waive such breach or default. Time is of the essence of this Agreement and each and all of its provisions in which perFormance is a factor. State of Washington Interlocal Agreement Page 2 of 3 Department of Corrections K9079 118361 • H; Performance. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. . 10. Governance: This Agreement is entered into pursuant fo and under the authorify granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to coriform to those laws. In the ev.ent of an inconsistency in the terms of this Agreement, or between its terms and any a,pplicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order. A. Applicable state and federal statutes and rules; and B. Statement of work; and C. Any other provisions of the Agreement, including materials incorporated by reference. , THIS Interlocal Agreement, consisting of three (3) pages and one (1) attachment, is executed by the persons signing below who warrant that they have the authority to execute the Agreement. AUBURN POLICE PARTMENT DEPARTMENT OF CORRECTIONS ~a (Signature) (Signature) . . . . _ Rp„sErZ"r Gary Banning (Pririted Name) (Printed Name) ,4ssis#mo#-Chiefi of Police Contracts Administrator ~Ue) (ritle) 173- (Date) . (Date) Approved as to Form: This Interlocal Agreement format was approved as to fortn by the Offce of the Attomey General, State of Washingfon Interlocal Agreement Page 3 of 3 Department of Corrections K9079 118361 , Attachment A VPN Connectivity Agreement PURPOSE The Aubum Police Department hosts a Department of Corrections', Community Corrections' , Offieer (CCO) at their location. The specific locations are identffied in the main contract, of which this is an addendum. The Agency has agreed to allow the CCO use of their network infrastructure and Intemef connectivity for the purpose of connecting to the Departmenf nefinrork via aVirtual Private Nefworking (VPN) session. This Addendum will outline agreed upon roles and responsibilities between the Department and the Agency, forthe support of fhe described connectivity. - PART I - DEPARTMENT RESPONSIBILITIES 1_ The Department will supply the software client and digital key fob for Department , staff to use in establishing their VPN connection to the Department network. The software, fob, and resultant VPN connection to the Department network will only be ' used by authorized Departmenf staff using their Department owned and managed computing equipment. 2. The Department will ensure that the VPN software installed, on theirowned computer, will not allow split tunneling. This means that Department staff will not be able to connect to the Agency resources on their network, such as printers, files, terminal services, desktop faxing, or the like. The sole purpose and use of the Agency infrastructure and its provision of Intemet connectivity will be strictly for the connection of Department owned computers to the Department network, to access Department data and resources. PART II - AGENCY RESPONSIBILITIES 1. The Agency Information Technology department agrees to provide the nefinrork infrastructure and Intemet connectivity that will allow the Department staff to establish a VPN connecfion to the Department network. 2. When there are scheduled Agency nefinrork outages, which may impact Department staff connectivity to the Department network, the Agency agrees to notify the Department staff as soon as they reasonably can. 3. The Agency Information Technology Director shall have the final authority to determine the schedule and services, to be provided by the Agency employees, to carry out the Agency's responsibilities under this agreement. 4. The Agency staff will not use the Department VPN connection to gain access to Department data or resources. PART III - CHARGES FOR SERVICE (where aaalicable) The Agency will be compensated for the services provided herein, as follows: 1. The Agency will be compensated at the rate of $25.00*"` per hour for any services pertormed by Agency staff, as required to support the Agency infrastructure in place State of Washington K9079 Page 1 of 2 Departrnent of Corrections Attachment A for the Department's use in connecting its computing equipment to the Department network. The Agency will notify the Department of any billable work to be preformed by their staff prior to any work being done. The approval to proceed with requested work will be provided by the Departmenfs' Community Cflrrecfions supervising Field Administrator. All work that impacts or alters the Department's owned computers connection to the Department nefinrork equipment will be accomplished in coordination with the Department's local Information Technology staff. 2. Any increases to these agreed upon charges must be made, in writing, to the Department af a minimum (30) days advance notice. Normally, increases in cost for the services provided by the Agency should be negotiated when the contract is reviewed. " This amount represents mid-range lTS4 hourly rate. •State of Washington K9079 Page 2 of 2 Department of Corrections Attachment A '