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HomeMy WebLinkAboutSH22-021 ILAINTERLOCAL AGREEMENT BETWEEN KITTITAS COUNTY SHERIFF'S OFFICE AND YAKIMA COUNTY SHERIFF'S OFFICE THIS AGREEMENT is made and entered into this I" day of , 2022, by and between the Kittitas County Sheriff's Office (KCSO) and the Yakima County Sheriff's Office (YCSO) pursuant to the Interlocal Cooperation Act, chapter 39.34 RCW. I. PURPOSE The purpose of this agreement is to provide for Mutual Aid Law Enforcement assistance pursuant to the provisions of Chapter 10.93 RCW for incidents of any nature that require law enforcement response and also require more law enforcement resources of all types (including but not limited to personnel) than are available to the agency with primary territorial jurisdiction as defined in RCW 10.93.020. This includes, but it not limited to, incidents such as wildfires or any other emergent or unusually dangerous circumstance requiring such resources. The agency providing assistance to the agency with primary jurisdiction shall be referred to as the assisting agency. II. SERVICES The parties agree that the services to be provided may be any type of law enforcement service or other action including but not limited to search and rescue and other emergency management related services that are within the capability of the assisting agency when in the judgment of the authorized personnel of the agency with primary territorial jurisdiction such assistance is required. The agency with primary territorial jurisdiction may reimburse the costs incurred by the assisting agency, including meals for personnel assigned to assist the primacy agency within available resources. Supervisors or other designated personnel from the two agencies shall agree to the resources to be provided by the assisting agency for each incident, subject in the case of each agency to the final judgment of the Sheriff or his designee. The parties agree that the primary goal of such responses is the preservation of life, order, and property consistent with the practices and resources of the parties. The assisting agency shall not be mandated to devote time or resources to any event but will provide what assistance is reasonably available. It is understood and agreed by the parties that evolving facts and circumstances pertaining to any given call for service or assistance may require changing the nature of the agreed response and resources allocated. Nothing in this agreement will obligate the assisting agency to provide any specific level or time period of assistance to the detriment of its other obligations. The parties will exchange, in such form and manner as is acceptable to the parties, all information necessary to conduct any further investigation and related activities subsequent to the initial response. Information will be exchanged in a format that it is as universal as possible, such files in and/or compatible with commonly used computer programs. III. ADMINISTRATION This agreement will be administered by KCSO. IV. INDEPENDENT CONTRACTOR The services provided under this agreement are those of an independent contractor. Employees of KCSO are and will remain employees of KCSO. Employees of YCSO are and will remain employees of YCSO. V. INDEMNIFICATION Each party shall defend, protect, and hold harmless the other party from and against all claims, suits and/or other actions arising from any negligent or intentional act or omission of that party's employees, agents and/or authorized subcontractor(s) while performing this agreement as provided by RCW 10.93.040. Each party shall cooperate to the greatest extent possible in the defense of all such claims, suits, and/or other actions. VI. AMENDMENT The parties may mutually amend this Agreement. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind the parties. VII. CHOICE OF LAW AND VENUE This agreement will be governed by the laws of the State of Washington, both as to interpretation and performance. Any action at law, suit in equity or other judicial proceeding for the enforcement of this agreement may be instituted only in Superior Court and venue shall be as provided by RCW 36.01.050 and RCW 4.92.010. VIII. INTEGRATION CLAUSE This instrument embodies the whole agreement of the parties. There are no promises, terms, conditions or obligations other than those contained in this agreement. This agreement supersedes all previous communications, representations or agreements, either oral or written, between parties. IX. TERMINATION CLAUSE Either party may terminate this agreement by giving the other party at least thirty (30) days advance written notice. If this Agreement is so terminated, the terminating party shall be liable only for performance in accordance with the terms of this Agreement for performance rendered prior to the effective date of termination. X. PROPERTY AND EQUIPMENT No property shall be exchanged nor shall title to any property be transferred except by separate agreement. XI. FILING This agreement will be filed in a manner consistent with RCW 39.34.040. XII. EFFECTIVE DATE This agreement shall take effect when signed by the respective Sheriffs and ratified by the Kittitas and Yakima County Boards of County Commissioners. Yakima County Sheriff's Office Sheriff (printed) Sheriff (signature) Address: Kittitas County Sheriff's Office Sheriff (printed) Sheriff (signature) Address: