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HomeMy WebLinkAboutKITTCOM and KCPAO AgreementBOARD OF COUNTY COMMISSIONERS COTMITY OF KITTITAS STATE OF WASHINGTON RESOLUTION TO AUTHORIZETIIE RENEWAL OF AN INTERLOCAL AGREEMENT BETWEEN KITTITAS COUNTY AND KITTCOM FOR ON.CALL PROSECUTOR AFTER HOURS SERVICES RESOLUTION No. 2020 - WHEREAS, Chapter 39.34 of the Revised Code of Washington, the Interlocal Cooperation Act, allows governmental agencies to enter into agreements that provide for the efficient use of their powers and to cooperate with each other in providing services; and WHEREAS, KITTCOM (Kittitas County 911) is a consolidated public safety communication center which operates an emergency communications facility and consolidated dispatch center for public agencies in Kittitas County, and will be performing services under the Agreement; and WHEREAS, Kittitas County has a need for on-call prosecutor after hours services to be provided to the Kittitas County Prosecuting Attorney's Office; and ,WHEREAS, the Parties recognize the benefit of cooperation and collaboration in accomplishing their independent functions, using their limited resources to best effect, and efficiently delivering quality services to the people of Kittitas County; WHEREAS, the Parties have agreed to enter into such an agreement under the terms and conditions of the Interlocal Agreement shown on and attached hereto; and WHEREAS, the Board of County Commissioners authorized the execution of this Interagency Agreement by action taken at a regular meeting; and NOW THEREFORE, BE IT HEREBY RESOLVED that the Board of County Commissioners of Kittitas County, Washington authorizes the execution of the renewed Interlocal Agreement with KITTCOM that is attached hereto and incorporated herein by this reference. DATED this day of 2020, at Ellensburg, Washington. BOARD OF COUNTY COMMISSIONERS KITTITAS COLINTY, WASHINGTON Chair Vice-Chair ATTEST: Clerk of the Board Commissioner INTERLOCAL COOPERATION AGREEMENT FOR SERVICES BETWEEN THE KITTITAS COUNTY PROSECUTING ATTORNEY'S OFFICE AND KITTCOM This Agreement is made by and between Kittitas County, through the Kittitas County Prosecuting Attorney's Office, a Washington municipal corporation, ("KCPO"), and KITTCOM, a Washington municipal corporation ("KITTCOM") pursuant to the authority granted by Chapter 39.34 RCW, INTERLOCAL COOPERATION ACT. Both entities may be referred to in this Agreement collectively as "Parties" or individually as "Party". WHEREAS, KCPO acts as Kittitas County's legal adviser, prosecutor of criminal matters, and as a representative of the County in civil cases; and WHEREAS, KITTCOM is a multi-jurisdictional public safety answering point services provider jointly and cooperatively created and administered by various public agencies in Kittitas under the authority of an lnterlocal Cooperative Agreement executed pursuant to RCW Chapter 39.34; and WHEREAS, KCPO and KITTCOM previously contracted for an exchange of services through an lnterlocal Cooperation Agreement dated January 19,2011 (the "2011 Agreement") which was renewed in 2015 with new expiration of December 31 ,2020; and WHEREAS, KCPO and KITTCOM wish to continue contracting for an exchange of services under the terms and conditions described herein; and WHEREAS, KITTCOM can contract for legal services as per its 2004 lnterlocal Agreement, Section 3; and WHEREAS, KCPO has agreed to provide legal services under the terms and conditions of this Agreement in exchange for KITTCOM providing services as described in Appendix A of this Agreement; and WHEREAS, KITTCOM's Administrative Board authorized the execution of this Agreement by action taken at a public meeting. NOW, THEREFORE, in consideration of the premises and promises, terms and conditions set forth below, it is hereby agreed as follows: ARTICLE I PURPOSE 1.01 Purpose. The purpose of this Agreement is to set forth the terms and conditions under which the Parties will provide certain services. Page 1 ARTICLE II SERVICES BY THE PARTIES 2.01 Services by the Parties. KCPO will provide to KITTCOM, and KITTCOM will provide to KCPO, the services described in Appendix A, which is attached to this Agreement, and by this reference is hereby incorporated into and made part of this Agreement. ARTICLE III ADMINISTRATION 3.01 Administrator. The Director of KITTCOM shall administer this Agreement for KITTCOM. The Administrator for KCPO shall be KCPO's Office Administrator. No new separate legal or administrative entity is created to administer the provisions of this Agreement. ARTICLE IV AMENDMENT OF PRIOR AGREEMENT 4.01 Amendment of Prior Agreement. The Parties agree that this Agreement hereby amends, replaces, and supersedes the 2015 Agreement between the Parties in its entirety. ARTICLE V DURATION AND TERMINATION OF AGREEMENT 5.1 Duration and Renewal. This Agreement shall be effective upon the date of last signature of the parties and shall continue through December 31, 2025. 5.2 Termination. Any party hereto may terminate this Agreement upon thirty (30) days' notice in writing either personally delivered or mailed postage-prepaid by certified mail, return receipt requested, to the party's address listed in Section 8.07 of this Agreement for the purposes of giving notice under this paragraph. lf this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. ARTICLE VI COMPENSATION 6.01 Gompensation. The exchange of services shall be considered by both Parties to be adequate compensation for the duties described herein. Page 2 ARTICLE VII INDEMNITY 7.01 Glaims. To the extent of its comparative liability, each party shall indemnify, defend and hold the other party, its departments, elected and appointed officials, employees, and agents, harmless from and against any and all claims, damages, losses and expenses, including reasonable attorney's fees, for any bodily injury, sickness, disease, or death, or any damage to or destruction of property, including the loss of use resulting therefrom, which are alleged or proven to be caused in whole or in part by willful misconduct or a negligent act or omission of the indemnifier's officers, directors, and employees under thisAgreement. ARTICLE VIII PERFORMANCE OF AGREEMENT 8.1 Gompliance with all Laws. Each party shall comply with all federal, state and local laws, rules, regulations and ordinances applicable to the performance of this Agreement, including without limitation all those pertaining to wages and hours, confidentiality, disabilities and discrimination. 8.2 Maintenance and Audit of Records. Each party shall maintain books, records, documents and other materials relevant to its performance under this Agreement. These records shall be subject to inspection, review and audit by either party or its designee, and the Washington State Auditor's Office. Each party shall retain all such books, records, documents and other materials for the applicable retention period under federal and Washington law. 8.3 On-Site lnspections. Either party or its designee may evaluate the performance of this Agreement through on-site inspection to determine whether performance is in compliance with the standards set forth in this Agreement, and in compliance with federal, state and local laws, rules, regulations and ordinances. 8.4 lmproper lnfluence. Each party agrees, warrants and represents that it did not and will not employ, retain or contract with any person or entity on a contingent compensation basis for the purpose of seeking, obtaining, maintaining or extending this Agreement. Each party agrees, warrants and represents that no gratuity whatsoever has been or will be offered or conferred with a view towards obtaining, maintaining or extending this Agreement. 8.5 Gonflict of lnterest. The elected and appointed officials and employees of the parties shall not have any personal interest, direct or indirect, which gives rise to a conflict of interest. Page 3 8.6 Treatment of Assets and Property. No fixed assets or personal or real property will be jointly or cooperatively, acquired, held, used, or disposed of pursuant to this Agreement. 8.7 Notice. Except as set forth elsewhere in the Agreement, for all purposes under this Agreement, except service of process, shall be to the following contact persons: KCPO OfficeAdministrator Kittitas County Prosecuting Attorney's Office 205 W sth Ave, Ste. 213 Ellensburg, WA 98926 KITTCOM KITTCOM Director or designee 700 Elmview Rd Ellensburg, WA 98926 Notice may be given by delivery or by depositing in the U.S. Mail, first class, postage prepaid. 8.8 lndependent Contractor. ln providing services under this contract, each party is an independent contractor from the other and nothing herein contained shall be construed to create a relationship of employer-employee or master-servant. Neither Party, nor its officers, agents or employees are employees of the other Party for any purpose, including responsibility for any federal or state tax, industrial insurance or Social Security liability. ARTICLE IX DISPUTES 9.1 Time. Time is of the essence of this Agreement. 9.2 Waiver Limited. A waiver of any term or condition of this Agreement must be in writing and signed by the waiving party. Any waiver of a term or condition of this Agreement shall apply only to the specific act, occurrence or omission and shall not constitute a waiver as to any other term or condition or future act, occurrence or omission. 9.3 Attorney's Fees. lf any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, each party shall pay its own attorney's fees incurred in that action, arbitration or proceeding. 9.4 Governing Law and Venue. This Agreement shall be governed exclusively by the laws of the State of Washington. The Kittitas County Superior Court shall be the sole proper venue for any and all suits brought to enforce or interpret the provisions of this Agreement. Page 4 ARTIGLE X GENERAL PROVISIONS 10.1 Assignment. Neither party may assign its rights or delegate its duties under this Agreement, whether by assignment, further subcontracting or other means. Any such attempted assignment or delegation shall be void and shall constitute a material breach of this Agreement. 10.2 Entire Agreement. This Agreement constitutes the entire agreement between the parties. There are no understandings or agreements between the parties other than those set forth in this Agreement. No other statement, representation or promise has been made to induce either party to enter into this Agreement. 10.3 Modification. This Agreement may not be amended, supplemented or otherwise modified unless expressly set forth in a written agreement signed by the parties and adopted by resolution of each party's legislative and/or administrative authority. 10.4 lnvalid Provisions. The invalidity or unenforceability of any particular term or provision of this Agreement shall not affect the validity or enforceability of any other term or provision and, to the greatest extent possible, this Agreement shall be construed in all respects as if such invalid or unenforceable term or provision was intentionally omitted. 10.5 Filing. This Agreement shall be posted on the County's website pursuant to RCW 39.34.040. This Agreement shall also be filed with the KITTCOM Administrative Board Secretary and posted on KITTCOM's website. 10.6 Headings. The headings of sections and paragraphs of this Agreement are for convenience of reference only and are not intended to restrict, affect or be of any weight in the interpretation or construction of the provisions of such sections or paragraphs. Page 5 lN WITNESS WHEREOF, the above and foregoing Agreement has been executed in duplicate by the parties hereto and made effective on the last date written below: Adopted this _day of _,2020 KITTITAS COUNTY, WASHINGTON BOARD OF COUNTY COMMISSIONERS Chair Vice Chair Commissioner ATTEST: Clerk of the Board Adopted this _ day of 2020 KTTTCOM Chairman KITTCOM Adm in istrative Board ATTEST Administrative Board Secretary Approved as to Form 228++I tephanie wsBA # 38115 Page 6 Appendix A Scope of Work for KCPO KCPO shall provide to KITTCOM the services and staff, and othenruise do all things necessary for or incidental to the performance of work, as set forth below: Perform review of contracts, interlocal agreements, memoranda of understanding, and other similar KITTCOM contracts. Perform legalresearch Provide assistance in drafting ordinances and resolutions. Provide assistance in answering legal questions Provide training on court appearances as requested by KITTCOM Scope of Work for KITTCOM KITTCOM shall provide to KCPO the services and staff, and otherwise do all things necessary for or incidental to the performance of work, as set forth below: Transmit to the KCPO designated on-call prosecutor all on-call prosecutor requests by law enforcement agencies. Provide tracking of on-call prosecutor requests in Spillman and any other records management systems. Provide Spillman access for KCPO employees, including creation of user accounts, resetting passwords, and ongoing training for use of records management syste m s Process and provide digital recordings of public safety incidents as requested by KCPO. Provide the ability to query ACCESS (A Central Computerized Enforcement Service System) for criminaljustice information, and ongoing training as requested. Provide support and guidance as requested during the ACCESS operations and technical audits. a a a a a a a a a PageT