SH26-009 CITY OF KITTITAS FTO SERVICES ILA Partially signed

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I.L.A. between Kittitas County and City of Kittitas for Law Enforcement Field Training Services 7. Maintenance and Audit of Records. 7.1 Any incident reports drafted by a KPD student officer for incidents the student officer responded to while participating in the KCSO field training program under this Agreement shall be filed and maintained by KCSO. - —7.2 Upon termination of a KPD student officer's participation in the KCSO field training program, that student officer's field training records will be transferred to KPD for appropriate processing and maintenance. KPD shall be solely responsible for maintaining such training records in compliance with applicable law and regulations. 7.3 Except those categories of records specified in sections 7.1 and 7.2 above, each party shall maintain its own records relating to this agreement in compliance with applicable retention schedules. Such records shall be subject to inspection, review and audit by either party, the Washington State Auditor's Office, or any other entity as required by law. Both parties hereto are public agencies subject to the Washington State Public Records Act, RCW 42.56, ("PRA"), and each party will diligently respond to public records requests it receives. If a party hereto determines that records in the possession of the other party are needed to respond to a PRA records request, the other party will promptly provide such records in order to facilitate timely disclosure to the records requester. 7.4 If the City fails to comply with the PRA or any other applicable records retention or disclosure laws, and as a result, liability attaches to the County, the City shall indemnify the County for the full amount of any resulting damages awarded against the County and for the full amount of any associated defense costs incurred by the County. If a party hereto receives a request for its public records which relate to the other party, then the party receiving such request may provide reasonable notice to the other party of such request and the date on which the requested records will be released unless the other party first obtains, at its own expense, an injunction preventing the release of such records under RCW 42.56.540. 8. Legal Relations/Indemnification. 8.1 The parties agree that KCSO's relation to the City shall be at all times under this Agreement as an independent contractor. Employees of KCSO are and will remain employees of the County while performing services under this Agreement. Employees of KPD are and will remain employees of the City while performing services under this Agreement. 8.2 To the fullest extent permitted by law, the City agrees to defend, indemnify, and hold harmless the County, its officers, elected and appointed officials, employees, volunteers, and agents from any and all costs, claims, judgments, or awards of damages (including costs and attorney fees), arising out of or in any way resulting from the provision of field training services under this Agreement. It is further specifically and expressly understood that the indemnification obligation set forth herein constitutes the City's waiver of immunity under Title 51 RCW, solely for the purposes of fulfilling this indemnification obligation. The ----for_egoing-indemnification-obligations_ofthe_parties-are -a-material inducement -to -enter into this Agreement and have been mutually negotiated Pg. 4 of 8 4922-1193-9509, v. 1 {J KN4922-1193-9509;1/23508.020001/1