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HomeMy WebLinkAboutRES-2022-130 interlocal with SO and Grant coBOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTTON NO. 2022-I rao A RESOLUTION AUTHORIZING EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN THE KITTITAS COLINTY SHERIFF'S OFFICE AND GRANT COUNTY SHEzuFF'S OFFICE WHEREAS, RCW 10.93.130, allows govemment law enforcement entities to enter into an Agreement pursuant to RCW 39.34, the Washington Interlocal Cooperation Act; and WHEREAS, the purpose of this agreement is to provide 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; and WHEREAS, this includes, but it not limited to, incidents such as wildfires or any other emergent or unusually dangerous circumstance requiring such resources; and WHEREAS, 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; and NOW THEREFORE, BE IT HEREBY RESOLVED, that the Board of County Commissioners of Kittitas County, Washington authorizes the execution of the Interlocal Agreement between Kittitas County Sheriff s Office and Grant County Sheriff s Office ADoPTED this 'n l's-of D of the Board- Julie Kjorsvik n Deputy Clerk of the Board- Mandy Buchholz RESOLUTION 2022 OF COUNTY COMMISSIONERS ouNTY, WASHINGTON c oner TO FORMuaL '?1 R. Mi , Deputy Prosecuting Attorney IN'I'EITLOCAL AGITEEMBNT BETWEEN KITTITAS COUNTY SFIERIFF'S OFFICR AND GITANT COUNTY SHBRIFF'S OFFICE, TI-llS AGRllllMIlNT is made and enterecl into this l't day of * ltr*ttr .202 2, by and between the Kittitas Corurty Sherift'-s Offrce (KCSO) arrd the Grant County Sherift's Oft-ice (GCSO) pursuant to the Interlocal Cooperation Act, chapter 39.34 RCW. I. PURPOSE The pr"rrpose of this agreement is to provide lbr Mutual Aid Law Enforcement assistance pursuant to the provisions of Chapter 10.93 RCW for incidents of any nature that require law enfbrcement respouse and also recluire more law enforcement resources of all types (inclucling but not limited to persomel) than are available to tlie agency with primary territorial jurisdiction as defined in RCW 10.93.020, This includes, but it not limited to, incidents snch as wildfires or any other etnergent or uuusually dangerous cilcumstance requiring such resources. The agency provicling assistance to the agency with primary jurisdiction sliall be relerred to as the assisting agency. II. SERVICES The parties agree that the services to be providecl may be any type of law cnforcement service or other action including but uot limited to search and rescue and other emergency management related services to that are r,vithin the capability of the assisting agency when in the judgrnent of the ar-rthorized personnel of the agency with prirnary territorialjurisdiction such assistance is required. fhe agency with primary territorial jurisdiction may reimburse the costs incnrred by the assisting agency, including meals for personnel assigned to assist the primacy agency within available resources. Supervisors or other designated pet'sonnel from the two agencies shall agree to the resources to be provided by the assisting agency lbr each incident, subject in the case of each agerrcy to the final judgment of the Sheriff or liis designee. fhe parties agree that the primary goal of such I'esponses is the preservation of lif'e, order, and properly consistent with the practices ancl t'esollrces of the parties. The assisting agency shall not be mandated to devote time or resoul'ces to any evenl but will provide r.vhat assistance is reasonably available. It is understood and agreed by the parties tl-rat evolving facts and circumstances pertaining to ally given call for service or assistance may reqnire changing the nature ol'the agreed response and resources allocated. Nothing in this agreement r,vill obligate the assisting agency to provide any specific level or time period of assistance to the detrirnent of its other obligations. The parties will exchangc, in such lorm ancl manner as is acceptable to the parties, all inlbrmation necessary to conduct any fi"rrther ir"rvcstigation and related activities subsequent 1o the initial response. lnfonnation r,vill be exchanged in a forrnat that it is as uriversal as possiblc, such files in and/or compatible with commonly used computer llrogranls. III. ADMINISTRATION This agreement will be administered by KCSO IV. INDEPBNDENT CONTRACTOR The services provided under this agreement are those of an indepenclent contractor. Employees of KCSO are and will remain employees of KCSO. Employees of GCSO are ancl will remain ernployees of GCSO. V. INDEMNIFICATION Each party shall defend, protect, and liold harmless the other party from ancl agerinst all claims, suits and/or other actions arising from any negligent or intentional act or omission of that party's etnployees, agents and/or authorized subcontractor(s) while pelfouning 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 rnutually antend this Agreement. Such amendments shall not be bincling unless they are in r.vriting and signecl by personnel authorized to bind the parties. VII. CHOICE OF LAW AND VENUE This agreement will be governed by the lalvs o1'the State of Washington, both as to interpretation and perfbrmance. Any action at law, suit in equity or other judicial proceeding for the enforcement of this agreetnent may be institr-rted only in Superior Court and venlre shall be as provided by RCW 36.01.050 and RCW 4.92.010, VIII. INTtrGRATIONCLAUSE fhis instrument embodies the whole agreement of the parties. fhere are no promises, terrns. conditions or obligatiotrs other than those contained in this agreenlent. This agreement sllpersedes all previous communications, representations or agrccnrents, either oral or written, between parties. IX. TBRMINATION CLAUSE Either party may tertninate this agreement by giving the other party at least thirty (30) clays advance written notice. If this Agreemerrt is st> terminated, the terminating party shall be liable only for performance iu accordance with the terms of this Agreement for perfolmance renderecl prior to the efl'ective date of terrnination. x. PROPERTY AND EQUIPMBNT No property shall be exchanged nor shall title to any property be transferred except by separate agreement. XI. FILING This agreemenl will be filed in a manner consistent with l{cw 39.34.040 XII. EFFBCTIVB DATE This agreement shall take effect when signed by the respective Sheriffs ancl ratified by the Kittitas and Grant County Boards of Colmty Commissioners. Grant County Sheriffs Office Kittitas County Sheriff"s Office Sheriff (printed)Sheriff (pri n/4 7 &Yr^Dt Sheriff ( Address: Sheriff (signature) Address: 4ryq Po &o* 3-l @r*ea"r*t w&-qtrfz'