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HomeMy WebLinkAboutSH19-006 MOU KPD and KCSOMEMORANDUM OF UNDERSTANDING BETWEEN THE KITTITAS COUNTY SHERIFF'S OFFICE AND THE CITY OF KITTITAS WITH REGARD TO FIELD TRAINING PURPOSE: The City of Kittitas, Washington is a small community in an otherwise rural area of Kittitas County. It has a correspondingly small Police Department, which relies on various forms of intergovernmental cooperation to support its modest resources. That cooperation includes working with the Kittitas County Sheriff's Office (KCSO) and other law enforcement agencies pursuant to and in a manner consistent with the "Washington Mutual Aid Peace Officers Powers Act, RCW 10.93. This Memorandum of Understanding (MOU) memorializes and outlines a specific manner in which the KCSO and KPD (the parties) can work together to support the resources of the City and improve the performance of its officers to the benefit of both the City and the greater community at large. It is the desire of the parties to improve professional knowledge and performance of City law enforcement officers by entering into this MOU as described below. Each party understands and agrees that the ability to provide such training and the locations within Kittitas County at which the KPD Officer(s) may respond to calls are not within the control of the parties, but are subject to the unpredictable nature of law enforcement calls for service. Each party further understands that there maybe emergencies during which KCSO might provide necessary response for the protection of human life outside of Kittitas County pursuant to RCW 10.93, and that KPD Officer(s) maybe involved therein. This MOU shall continue indefinitely unless terminated by either party as described below. Both parties may review the terms of this MOU annually, or as needed. This MOU may be amended only by mutual written agreement. Either party may terminate this agreement with ninety (90) days written notice with or without cause. This MOU shall remain in effect until there is a written notification from either party that there is a need to change or terminate this MOU. In the event of termination of this MOU, KCSO shall be paid compensation, as described in Section 2 below, through the last month of services provided to KPD. The effective date of this MOU is the date upon which the first Field Training Officer involvement requiring the above described pay adjustment occurred. 1. IT IS AGREED THAT KCSO SHALL: a. Provide to KPD the services of a Field Training Officer/series of Field Training Officers for the various phases of the field training program who already serve in that role for KCSO, and who will perform in the same manner and to the same standards as expected when serving in that role for KCSO. b. Provide assessment, evaluation, and training to KPD Officers, typically recent graduates of Basic Law Enforcement Training (commonly referred to as "the Academy") who in the judgment of the Chief of KPD are in need of such to be able to perform at an appropriate level of proficiency. C. Bill the additional cost of the program, calculated as being the differential pay rate provided for in section 25.4 of the current Collective Bargaining Agreement between the Kittitas County Board of County Commissioners, the Kittitas County Sheriff, and Teamsters Union Local #760 (Line Deputies of the KCSO) ($1.00/hour), on a regular basis, not less than once monthly on or about the 15th day of the month. 2. IT IS AGREED THAT THE CITY OF KITTITAS SHALL: a. Pay within thirty (30) days the amount billed monthly in the manner provided above for the cost of providing the services described above; and, in addition, b. Provide such documentation that the County Auditor may require in order to ensure that the costs provided for above are properly allocated to the correct account assigned to the Sheriff's Office. C. Maintain such records as may be required by any governmental auditor (City, County, State, Federal as the case maybe) to verify the transactions for not less than six (6) years. 3. INDEPENDENT STATUS. Each of the parties to this agreement is an independent entity. The terms of this MOU shall not alter, impair or modify any legal rights that either party has or may have under applicable laws to legal defense, immunity and indemnification from each other or any other person or entity in connection with the performance of the duties provided for in this MOU. The parties agree to cooperate to the greatest extent possible in defense of any claims made arising from acts performed within the scope of this MOU. Intentional acts of misconduct are not within the scope of this MOU. 4. CONFIDENTIALITY. To the extent allowed by law, the parties shall use information gained by reason of this Agreement only for the purpose of this Agreement. The parties shall not disclose, transfer or convey any such information to any other except as required by law. 5. SEVERABILITY AND SURVIVAL. Should any of the provision contained in this Agreement be held illegal, invalid or unenforceable, the other provision shall remain in full effect. The confidentiality provision shall survive termination of this Agreement for any cause. 6. STANDARD OF CARE. Each party shall complete its services with the standard of care and degree of skill and diligence normally employed by professionals performing the same or similar services in the locale in which the services are performed. ADOPTED this day of CITY OF KITTITAS 207 N. Main St./P. O. Box 719 Kittitas WA 98934 Pat Cort, Mayor City of Kittitas Police Dept. Chief Chris Taylor ATTEST: City Clerk ►K1110 BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON Cory Wright, Chairman Brett Wachsmith, Vice -Chair Laura Osiadacz, Board Member County of Kittitas Sheriff's Office Gene Dana, Sheriff ATTEST: ❑ Clerk of the Board- Julie Kjorsvik ❑ Deputy Clerk of the Board- Mandy Buchholz APPROVED AS TO FORM: Douglas A,. Mitchell, Deputy Prosecuting Attorney