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HomeMy WebLinkAbout2134 - Snohomish County - Agreement - Auto Theft Task Force ServicesINTERLOCAL AGREEMENT BETWEEN SNOHOMISH COUNTY and THE CITY OF MARYSVILLE <r FOR AUTO THEFT TASK FORCE SERVICES This Interlocal Agreement Between Snohomish County And The City Of Marysville For Auto Theft Task Force Services (the "Agreement"), is entered into by and between Snohomish County, a political subdivision of the State of Washington (hereinafter referred to as the "County"), and the City of Marysville, a municipal corporation of the State of Washington (hereinafter referred to as the "City"). RECITALS A. The Washington State Legislature created the Washington Auto Theft Prevention Authority (hereinafter "WATPA") for the purpose of preventing and reducing auto theft in the State of Washington, and B. The County and WATPA _entered into an Auto Theft Prevention Grant Contract. (hereinafter "Grant Contract") whereby the County is required to use specified grant funds (hereinafter "Grant Funds") to create and operate a multi-jurisdictional, regional, auto theft task force (hereinafter ' the "Task Force"); and C. Chapter 39.34 RCW permits one or more public agencies to contract with any one or more other public agencies to perform any governmental service, activity, or undertaking that each public agency is authorized by law to perform; and . ( D. Several jurisdictions desire to participate as members of the Task Force with Snohomish County administering task force project grants; and E. The City desires to enter into an agreement with Snohomish County in order to participate in the . \ Task Force and enable Snohomish County to reimburse the City for such participation; and F. The City is authorized to perform each service contemplated herein. Interlocal Agreement with Marysville Re Auto Theft Task Force -Page I ORIGINAL AGREEMENT NOW THEREFORE, in consideration of the covenants, conditions, performances, and promises contained herein, the parties agree as follows: 1.0 TASK FORCE COMPOSITION, PURPOSE, AND TERM 1.1 The City agre~s to cooperate in the Task Force, composed of law enforcement, prosecutor, and support personnel, in order to jointly coordinate selected law enforcement activities, resources, and functions to prevent auto theft and to investigate and prosecute auto theft offenders in I Snohomish County. 1 1.2 This Agreement shall take effect July I, 2019, and continue in effect through June 30, 2021, unless-earlier terminated or modified as provided in this Agreement. 2.0 ORGANIZATION 2.1 The County will be the administrator of this Agreement. 2.2 A Snohomish County Sheriffs Office lieutenant will direct all law enforcement personnel assigned to the Task ·Force, under this Agreement or similarly executed agreements, in their operational duties. 2.3 Additional law enforcement personnel may be provided to the Task Force through separate inter-local agreement between the County and other jurisdictions. 2.4 Nothing in this Agreement shall restrict the ability of the County or the City to reassign personnel and related equipment and supplies assigned under this Agreement. 3.0 OBLIGATIONS OF CITY 3.1 During the term of this Agreement, the City shall employ, dedicate and assign one full-time detective to the Task Force. 3.2 The detective's operational assignments will be directed by a .Sheriffs Office lieutenant assigned to the Task Force. 3.3 The detective assigned to the Task Force pursuant to this Agreement shall remain subject to the policies, procedures and directives of the City. Interlocal Agreement with Marysville Re Auto Theft Task Force -Page 2 3.4 The City agrees to make any certified assurances required by the Grant Contract that are within its particular control, and agrees to make all its records related to the Task Force available for inspection consistent with the Grant Contract and applicable state and federal laws. 4.0 BUDGET AND COMPENSATION 4.1 The County, through its Sheriffs Office, shall serve as the fiscal agent and manage Grant Funds, including reimbursement to participating jurisdictions. All revenues collected or generated by or for tJ,i.e Task Force shall be maintained by the County pursuant to law. 4.2 The County will reimburse the Ci~y actual expenses for salary and benefits up to a maximum amo"unt of $158,719 for (July 1, 2019 -June 30, 2020) and $168,109.00 for (July 1, 2020 - June 30, 2021) and overtime up to $5000/ per 24 months, as detailed in Exhibit A, attached hereto and incorporated herein by this reference. 4.3 The City will send monthly invoices to the County wi!h supporting documentation. 4.4 The County will make payments within thirty (30) days from receipt of the monthly invoice. Invoices shall be sent to Snohomish County Sheriffs Office, Fiscal Division, Mail Stop 606, 3000 Rockefeller Ave., Everett, WA 98201. 4.5 Total reimbursement under this Agreement shall not exceed $331,828.00.- 5.0 GENERAL ADMINISTRATION 5.1 The County agrees to provide WATPA with the necessary documentation to receive Grant Funds. 5.2 Any factual dispute between the County and the City that relates to this Agreement shall be referred for resolution to the Sheriff, or his/her designee, and the City's Mayor, !Jr his/her designee. In the event the dispute cannot _be resolved between the parties to each party's mutual satisfaction, the issue shall be submitted to mediation through the Snohomish County Dispute Resolution Center. Both parties agree to utilize this process prior to the institution of any legal action to enforce the terms and conditions of this agreement. The cost of mediation shall be borne equally by the parties. 5.3 The City shall provide the maximum opportunity to Minority and Women Owned Business Enterprises to participate in the performance of this Agreement. Interlocal Agreement with Marysville Re Auto Theft Task Force -Page 3 6.0 ASSET FORFEITURE 6.1 All potential asset forfeitures initiated or investigated by officers assigned to the Task Force shall be referred to the County for prosecution. 6.2 The County shall acquire and dispose of assets seized or forfeited as a result of this Agreement in compliance with state and federal law. 7.0 REAL AND PERSONAL PROPERTY All real or personal property acquired thr~ugh Grant Funds or activities of the Task Force, that are not subject to Section 6 of this Agreement, will be held by the County. 8.0 ACQUISITION AND USE OF EQUIPMENT 8.1 All equipment purchased with Grant Funds will be held by the County. 8.2 Any equipment purchased with Grant Funds will only be used as permitted by the terms of the Grant Contract. 8.3 Upon termination of this Agreement, any equipment purchased or otherwise provided by the City will be returned to the City unless otherwise agreed by the parties. 8.4 Upon termination of this Agreement, the County will dispose of all acquired equipment in accordance with applicable federal, state and county requirements. 9.0 MODIFICATION Each party reserves the right to amend this Agreement in the future from time to time as may be mutually agreed upon. No such amendment shall be effective unless written and signed with the sal!le formality as this Agreement. 10.0 NONDISCRIMINATION PROVISION There shall be no discrimination against any employee who is paid by the grant funds or against any applicant for such employment because of race, color, religion, handicap, marital status, political affiliation, sex, age, or national origin. This provision shall include, but not be limited to the following: Jnterlocal Agreement with Marysville Re Auto Theft Task Force -Page 4 employment, upgrading, demotion, transfer, recruitment, advertising, lay-off or termination, rates of pay or other forms of compensation, and selection for training. 11.0 TERMINATION OF AGREEMENT Notwithstanding any provisions of this agreement, either party may withdraw from the Agreement by providing written notice of such withdrawal specifying the effective date thereof at least thirty (30) days prior to such date. A withdrawing party may take with it any equipment it has loaned or donated to the Task Force. 12.0 HOLD HARMLESS_ 12.1 The County shall save, hold harmless, indemnify and defend the City, its elected and appointed officials, officers, employees and agents, from and against any loss or claim for damages of any nature whatsoever, including claims by third parties or County employees against which it would otherwise be immune under Title 51 RCW or other law, arising out of any act or omission of the County in performance of this Agreement, its elected or appointed officials, officers, employees or agents, except to the extent the loss or claim is attributable to the negligence or willful misconduct of the City, its elected or appointed officials, officers, employees or agents. 12.2 The City shall save, hold harmless, indemnify and defend the County and WATP A, its elected and appointed officials, officers, employees and agents from and against any loss or claim for damages of any nature whatsoever,-including claims by third parties or the City employees against which it would otherwise be immune under Title 51 RCW or other law, arising out of any act or omission of the City in performance of this Agreement, its elected or appointed officials, officers, employees or agents, except to the extent the loss or claim is attributable to the negligence or willful misconduct of the County, its elected or appointed officials, officers, employees or agents. Interlocal Agreement with Marysville Re Auto Theft Task Force -Page 5 13.0 GOVERNING LAW AND VENUE This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Washington without reference to choice oflaw principles, and venue of any suit between the parties arising out of this agreement shall be in the Superior Court of Snohomish County, Washington. 14.0 INTEGRATION This Agreement constitutes the whole and entire agreement among the parties as to the Task Force and no other understandings, oral, or otherwise, regarding the Task Force shall be deemed to exist or bind the parties. 13.0 SEVERABILITY If any part of this Agreement is unenforceable for any reason the remainder of the agreement shall remain in full force and effect. 14.0 EXECUTION OF MULTIPLE ORIGINAL COUNTERP;\RTS This Agreement may be reproduced in any number of original counterparts. Each party need sign only one counterpart and when the signature pages are all assembled with one original counterpart, that compilation constitutes a fully executed and effective agreement among all the Participating Jurisdictions. THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK Interlocal Agreement with Marysville Re Auto Theft Task Force -Page 6 I 15.0 RECORDING OR PO STI NG As provided b y RCW 39.34.040, th is Agreement sh a ll no t take effect unless and until it ha s (i) been duly execut ed by both parties , and (ii ) eith er filed wi th th e County Audi tor o r pos ted on either party's Interl ocal Agree ments website. 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