|
INTERGOVERNMENTAL AGREEMENT
<br />Between
<br />WASHINGTON STATE PARKS AND RECREATION COMMISSION
<br />And
<br />Kittitas County Sheriffs Office
<br />Agency Size Category: Medium
<br />Marine Lead: Clayton Myers, 509-962-7525'
<br />AGREEMENT# LE
<br />THIS AGREEMENT is between the Washington State Parks and Recreation Commission, "STATE PARKS," and Kittitas County Sheriffs Office the
<br />"AGENCY".
<br />THE PURPOSE OF THIS AGREEMENT is to establish a cooperative framework between STATE PARKS and the AGENCY to enhance the performance of
<br />boating safety and education services in the state per RCW 88.02650 and WAC 352-65.010. The goal is to reduce the number and severity of recreational
<br />boating casualties of all types associated with recreational boating and ensure a safe and enjoyable boating environment for all users.
<br />THEREFORE, IT IS MUTUALLY AGREED THAT:
<br />SUMMARY STATEMENT
<br />In exchange for vessel registration fees, transmitted to the AGENCY by the Washington State Treasurer, AGENCY shall furnish the necessary personnel,
<br />equipment, material, and services and otherwise do all things necessary for, or incidental to, the performance of marine law enforcement and other duties as
<br />defined in Chapter 79A.60 RCW - REGULATION OF RECREATIONAL VESSELS.
<br />PERIOD OF PERFORMANCE
<br />The term of this agreement is one year from the date of STATE PARKS' signature
<br />RECORDS MAINTENANCE
<br />The parties to this agreement shall each maintain books, records, documents and other evidence that sufficiently and properly reflect all direct and indirect costs
<br />expended by either party in the performance of the services described herein. These records are subject to inspection, review or audit by personnel of both
<br />parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents,
<br />and other material relevant to this agreement must be retained for six years after expiration, and the Office of the State Auditor, federal auditors, and any persons
<br />duly authorized by the parties must have full access and the right to examine any of these materials during this period.
<br />Records and other documents, in any medium, furnished by one party to this agreement to the other party, will remain the property of the furnishing party, unless
<br />otherwise agreed. Each party shall utilize reasonable security procedures and protections to assure that records and documents provided by the other party are
<br />not erroneously disclosed to third parties.
<br />INDEPENDENT CAPACITY
<br />The employees or agents of each party who are engaged in the performance of this agreement will continue to be employees or agents of that party, and will not
<br />be considered for any purpose to be employees or agents of the other party.
<br />AGREEMENT ALTERATIONS AND AMENDMENTS
<br />This agreement may be amended by mutual agreement of the parties. Such amendments are not binding unless they are in writing.
<br />INDEMNIFICATION
<br />Each party is responsible for the actions and inactions of itself and its own officers, employees, and agents acting within the scope of their authority.
<br />TERMINATION FOR CAUSE
<br />If STATE PARKS determines that AGENCY is not in compliance with the minimum requirements of this agreement, the State Parks Marine Law Enforcement
<br />Coordinator will notify AGENCY in writing of the deficiency. AGENCY will have forty-five days following receipt of the notice of deficiency to submit a plan
<br />satisfactory to STATE PARKS to remedy the deficiency. If, after forty-five days, AGENCY has not submitted a plan to STATE PARKS for remedying the
<br />deficiency or is unable to demonstrate its ability to meet minimum requirements, STATE PARKS will have the option to terminate this agreement. V AGENCY
<br />disagrees with STATE PARKS' decision to cancel this agreement, AGENCY may seek a hearing per chapter 34.05 RCW, the Administrative Procedure Act to
<br />contest this decision.
<br />DISPUTES
<br />In the event that a dispute arises under this agreement, it will be determined by a Dispute Board in the following manner: Each party to this agreement appoints
<br />one member to the Dispute Board. The members so appointed jointly appoint an additional member to the Dispute Board. The Dispute Board reviews the facts,
<br />contract terms and applicable statutes and rules and make a determination of the dispute. The determination of the Dispute Board is final and binding on the
<br />parties hereto.
<br />GOVERNANCE
<br />This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The
<br />provisions of this agreement must be construed to conform to those laws.
<br />In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency must be resolved by
<br />giving precedence in the following order:
<br />a. Applicable state and federal statutes and rules;
<br />b. Summary Statement; and
<br />c. Any other provisions of the agreement, including materials incorporated by reference.
<br />ASSIGNMENT
<br />The work to be provided under this agreement, and any claim arising thereunder, is not assignable or delegable by either party in whole or in part, without the
<br />express prior written consent of the other party, which consent may not be unreasonably withheld.
<br />WAIVER
<br />A failure by either party to exercise its rights under this agreement does not preclude that party from subsequent exercise of such rights and does not constitute a
<br />waiver of any other rights under this agreement unless stated to be such, in writing, signed by an authorized representative of the party, and attached to the
<br />original agreement.
<br />SEVERABILITY
<br />If any provision of this agreement or any provision of any document incorporated by reference is held invalid, such invalidity does not affect the other provisions
<br />of this agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental
<br />purpose of this agreement, and to this end the provisions of this agreement are declared to be severable.
<br />ALL WRITINGS CONTAINED HEREIN
<br />
|