HomeMy WebLinkAboutRES 2022-212 Interlocal with South Cle Elum for Law Enforcement ServicesBOARD OF COUNTY COMMISSIONERS
COUNTY OF KITTITAS
STATE OF WASHINGTON
RESOLUTTON NO. 2022- 2l 2.r
A RESOLUTION AUTHORIZING EXECUTION OF AN INTERLOCAL AGREEMENT
BETWEEN THE TOWN OF SOUTH CLE ELUM, WASHINGTON AND KITTITAS COUNTY,
WASHINGTON FOR LAW ENFORCEMENT SERVICES
WHEREAS, RCW 39.34, the lnterlocal Cooperation Act, provides both parties to
enter into an Agreement pursuant to RCW 39.34, the Washington lnterlocal Cooperation
Act; and
WHEREAS, Kittitas County through the Kittitas County Sheriff's Office and South
Cle Elum have the power, authority, and responsibility to provide police protection and
law enforcement services for their citizens within their boundaries; and
WHEREAS, South Cle Elum is located entirely within the boundaries of Kittitas
County, and the Office of the Kittitas County Sheriff is able to provide regular law
enforcement services to South Cle Elum; and
WHEREAS, Kittitas County and South Cle Elum wish to enter into a joint
Agreement to efficiently provide South Cle Elum with law enforcement service; and
NOW THEREFORE, BE lT HEREBY RESOLVED, that the Board of County
Commissioners of Kittitas County, Washington authorizes the execution of the lnterlocal
Agreement between the Town of South Cle Elum and Kittitas County for Law Enforcement
Services which shall be filed pursuant to RCW 39.34.040.
ADOPTED this fi r\ da
,{"ND
lerk of the Board- Julie Kj
eputy Clerk of the Board-
yof /2022
BOARD OF GOUNTY COMMISSIONERS
NTY, WASHINGTON
om tsstoner
APP AS TO FORM
J tL
Douglas R.
orsvik
RESOLUTION
Mandy Buchholz
tchell, Deputy Prosecuting Attorney
INTERLOCAL AGREEMENT FOR LA W ENFORCEMENT SERVICES
This Interlocal Agreement for Law $nforcement Services ("Agreement") is entered
into by and between Kittitas County, a county in the State of Washington and the
Town of South Cle Elurn, a town in the State of Washington. These incorporated
communities shall be subsequently refened to in this Agreement as Kittitas County
and South Cle Elurn, and they shall be collectively refened to as the ("Parties").
RECITALS
WHEREAS, the Parlies are public ag'encies, as defined in RCW 3934.A20, who wish to
enter into an Agrecment pursuant to Chapter 39.34 RCW, the Washington
Interlocal Cooperation Act; and
WHEREAS, Kittitas County through the Kittitas County Sheriff's Office and South Cle
Elurn have the power, authority, and responsibility to provide police protection
and law enforccmcnt services for their.citizens within their boundaries; and
WHEREAS, South Cle Elum is located entirely within the boundaries of Kittitas
County, and the Office of the Kittitas County Sheriff is able to provide regular
law enforcement services to South Cle Elum; and
WHEREAS, Kittitas County and South Cle Elum wish to enter into a joint Agreement
to efficiently provide South Cle Elum with law enforcement service;
NOW, THEREFORE, in consideration of the foregoing and as set forth below, the
Parties agree as follows:
1. PURPoSE AND SCoPE
1.1 The purpose of the Agreement is to provide law enforcement and related
crirninal justice services to South Cle Elum.
2. DURATIoN. TERMTNA TION AND MODIFICATION
2.1 This Agreement shall be effective as of l2:01 a.m. on January 1,2023 and shall
continue through midnight on December 3 I o 2023. This Agreement shall
automatically renew without further action by the Parties on a yearly basis
thet'eafter unless otherwise modified or terminated, as provided for in Sections
2.2 and 2.3. This agreement will be filed or posted as required by RCW
39"34.040,
2.2 Any Party may terminate its participation in this AgreemAnt by providing at
least 90 days written notice to the other Party of the terminating party's intent
to tenninate this Agreement.
This Agreement shall be reviewed prior to the end of each year. Thereafter,
revisions to this Agreement may be made annually upon the written agreement
of the Parties. Either Party rnay initiate changes to this agreement. All changes
2.3
Pagc I of 8
3. ADMINISTRATIoN AND DEFINITIONS
The Kittitas County Sheriff'! Office shallbe responsible for the administration
and management of the law enforcernent services to be provided to South Cle
Elum as described in this Agreement.
The Sheriff or his or her designated representative from the Sheriff's Office
shall frorn time to time attend the South Cle Elum Town Council meeting to
report on the activities of the Sheriff's"Ofice and identify any law enforcement
issues. The frequency of these repofis will'be based on the Sheriff's schedule.
For purposes of this Agreement, "incidents" shall include all responses to
dispatched calls and shallalso include all contacts with subjects that result in
the issuance of citations, written wamings, or arrests, Time spent on incidents
shall also include office time devoted to related follow-up paperwork, transporl
to jail, court appearances and othertasks needcd to successfully prosecutc and
othenvise process the incident.
2.4
3.1
3.2
3.3
3.4
3.5
3.6
3.7
to this Agreement will be developed through good faith negotiations between
the Parties. All changes to this agreement shall be reduced to written
amendment to this Agreement executed by the parties.
This Agreement is intended to express the entire Agreement of the Parties and
may not be altered or modified in any way unless such modification is reduced
to writing, jointly agreed upon, and signed by both Parties.
For purposes of this Agreement, "patrol" shall include such activities as
vehicular or foot patrol; stationary observation; traffic enforcement, and
involvement in proactive comnlunity policing prograrns such as vacation
checks of homes, agency referrals, checking security of businesses, and
personal contacts with residents"
For purposes of this Agreement, "major event" shall refer to a law enforcement
incidcnt responsc, the cost of which involvcs more than 2A% of the annual
budgeted service level for a given Party.
For purposes of this Agreement, "administration and overhead" shall include
supplies, services and Kittcorn (dispatch services) fees.
Thc Sheriff or his designee shall rneet with South Clc Elum officials as nceded
and at least annually to discuss performance under this Agreement. The Sheriff
or his designee will providc summaries of activity and budget updates at these
meetings. South Cle Elum shall have an opportunity to comment on its
satisfaction with the service delivered and to request adjustments or
rnodifications.
4, BASIS FOR DETERMINING AND ASSIGNING COSTS
Page 2 of I
South Cle Elum shall receive 24 hours a day law enforcement response to
reported and/or dispatched calls and observed incidents as well as routinc
patrol and community policing seruices to the extent deemed appropriate by the
Sheriff.
By the Agreement adopted by the Parties February 15,2022, the annualized
base rate for providing law enforcement sen'ices to South Cle Elum was
established at $60,000.
Also by the Agreernent qdopted by the Parties February 15,2022, for the
calendar year 2A23 and subs6quent years, the annualized rate (previous base
rate) for South Cle Elum may be adjusted upward on the first day of each
calendar year based on increased agency costs such as cost of living,
adrninistration costs and overhead costs including pay rates. This annual
adjustment shall not exceed 4o/oper calendar year unless agreed to in writing by
both parties prior to the start of the New Year.
For the calendar year 2023, Kittitas Coun'ty wishes to exercise its right to
increase the annualizcd rate by 4Yo, to $62,400.
In any major evsnt as defined in Section 3.5 above, associated costs in excess
of the defining thresliold (20% of the prorated annual base rate of services) will
be billed separately at the annually adopted Cost per Deputy rate. The current
rate as established by Resolutian 2022-l l5 is $128.00 per deputy hour for law
enforcement service, beyond and in addition to the base contract amount, This
hourly rate is subject to increase at each Agreenrent renewal, as the cost of a
deputy is recalculated annually.
Costs associated with providing deputies to cover scheduled special events
such as community celebrations shall be tracked separately. If the special evcnt
requires morc than l0 deputy hours, then South Cle Elum shall be billed at the
same Cost per Deputy rate described in 4.4 above, in addition to the base
contract amount.
5 RESPONSIRII.ITIES OF KITTITAS COUNTY
5,1 The Kittitas County Sheriff's Office (KCSO) shallprovide 24 hour a day law
enforcement response to reported and/or dispatched calls and observed
incidents within the geographical boundaries of South Cle Elum in accordance
with this Agreement.
5.2 The Sheriff or designee will determine which hours to patrol and shall take into
consideration any specific requests by the Mayor of South Cle Elum.
s.3 Kittitas County, through ths Kittitas County Sheriff, shall handle the
administrative processing of all tickets and citations issued in South Cle Elum.
4.1
4.2
4.3
4.4
4.5
4.6
The Sheriff's Office shall provide South Cle Elum with a regular quarterly
report of incidents responded to within South Cle Elum's boundaries.
' Page3of8
5.4
5.5
5.6
The Sheriff's Office shallprovide call response selices and crirnirral
investigation scrviccs in thc same lranner and with thc sarnc equipmcnt as
customarily rendered by the Sheriff's Office within the rest of Kittitas County
The Sheriff's Office will enforce the laws of the state of Washington within the
boundaries of South Cle Elum. The Sheriff's Office will enforce violations of
South Cle Elum municipal codss where those municipal codes are substantially
identical to Kittitas Coun"ty codes and/or the Revised Code of Washington.
The Sheriff's Office may, but is not required to, respond to and/or enforce
violations of South Cle Elum municipal codes that arc substantially diffcrcnt
frorn Kittitas County codes andlor the Revised Code of Washington.
Collection and entry of records into the applicable databases shall be perfonned
by the Sheriff's Office in the same manner as it is in unincorporated Kittitas
County,
The Sheriff's Office will conduct and do allpress releases perlaining to crime
investigations and clther enforcement activities conducted by the Sheriff's
Office. South CIe Elum shall not issue any media rcleases regarding criminal
investigations conducted pursuant to this Agreement without prior approval of
the Sheriff or his or her designee.
The Mayor or the Mayor's designee will be promptly notified, consistent with
the other duties of the Sheriff, in the event of a significant crirninal occurrence
or other major event within South Cle Elum. Such notice may be delayed as
necessary to protect public safety or the integrity of enforcement activities.
RESPONSIBILITIES OF SOUTH CLE ELUM
Starting January 1,2A23 South Cle Elum shall pay to Kittitas County for each
full month during which this Agreenrent is effective, the amount of $5,200.00,
In subsequent years, the amount of the regular rnonthly payrnent shall be
adjusted according to the provisions outlined in section 4.3 above. All
payments shall be delivered to the Kittitas County Sheriff's Office in a manner
prescribed by the Auditor not later than the lOth day of each month.
South Cle Elum hereby confers municipal police authority on such Kittitas
County Sheriff's deputies as rnight be engaged hereunder in enforcing the laws
of the state of Washington and ordinances of the Town of South Cle Hlum
within South Cle Elum boundaries and for canying out this Agreement.
If South Cle Elum has or enacts a municipal code provision pertaining to
animal control that is substantially identical to either the Revised Code of
Washington or Kittitas County Code and that leads or requires the Sheriff's
Office to impound animals, South Cle Elum shall be responsible to supply or
contract for access to appropriate irnpound. Such contract for animal irnpound
and care shall be in effect prior to Sheriff's personnel engaging in enforcement
of such a code provision. South Cle Elum shall be solely responsible for the
Page 4 of 8
5.7
5.8
5,9
5.10
6
6.1
6.2
6.3
costs of supplying or contracting for such facilities and for all expenses related
to thc care of irnpoundcd animals.
7, INDEMNIFICATION ANIJ I SURANCg REOUIREMENTS
Kittitas County shall defend, indemnify, and liold South Cle Elum, and its
officers, officials, employees, agents, and volunteers, harmless from any and all
claims, injuries, damages, losses or suits, including all legal and attomeys' fecs,
arising out of or in connection with the performance of this Agreement, except
for injuries or damages causdd by the sole negligence of South Cle Elum,
including but not limited to any item listed in Section 7,2.
7.2 If a claim or suit is brought against Kittitas County or Sor,rth Cle Elum, the
basis of which is the enforcement of an allegedly unconstitutional or unlawful
ordinance of South Cle Elum, South Cle Elurn shall defend, indemnify, and
hold Kittitas County, its officers, officials, employees, agents and volunteers,
harmless from any and all claims, injuries','damages, losses or suits, including
all legal costs and attomeys' fees incurred in relation thcrcwith. In exccuting
this Agreement, the County does not assurne liability or responsibility for or in
any way rclease South Cle Elurn lrom any liability or responsibility that arises
in whole or in part fronr the existence or effect of South Cle Elrun ordinances,
rules, or regulations. In any cause, claim, suit, action or administrative
proceeding in which the enforceability and/or validity of any such South Cle
Elurn ordinance, rule or regulation is at issue, South Cle Elum shall defend on
that issue at its sole expense, and if judgrnent is entered or damages are
awarded against South Cle Elurn, the County, or both, on that issue, South Cle
Elum shall satisfy the same, including all chargeable costs and attomey's fees,
attributable to the existences or effect of a South Cle Elum ordinance, rule or
regulation. In any such cause, claim, suit, or action, each party shall othcnwisc
remain responsible for its own acts or omissions, as well as those of its elected
and appointed officials, officers, enrployees and agents,
1.3 It is specifically and expressly understood that the indernnification provided
herein constitutes Kittitas County's waiver of immunity under Industrial
Insurance, Title 5l RCW, solely for the purposes of this indemnification. 'fhe
Parties further acknowledge that they have mutually negotiated this waiver.
7.t
7.4
7.5
Both Parties shall procurc and mairrtain for the duration of this Agreement
insurunce against claims for injuries to persons or damage to property that rnay
arise from or in connection with this Agrecment.
Within fifteen (15) days of the commencement of this Agreement, Kittitas
County shall provide evidence of the following insurance coverage and limits
at a minimum:
Law enforcement or police professional insurance in an amount not less than
$1,000,000.00 per occunsnce with a $2,000,000.00 aggregate.
7 .5.1
Page 5 of8
7,5.2 Comprehensive geueral liability in an amount not less than $ 1,000,000.00 per
0ccurTetlce.
7.5.3
7.6
7.7
7,8
7.9
'1.9.1
7.9.2
7.10
7.1 1
8
Erors and omissions or public official's liability in an amount not less than
$ l,000,000.00 per occurrence
South Cle Elum shall be named as an additional insured on Kittitas County's
comrnercial general liability policy. This additional insured endorsement shali
be included with evidence of insurance in the fonn of a Certificate of Insurance
tbr coverage necessary ds rct'erenced above.
It is the intent of this Agreement for Kittitas County's insurance to be
considered primary in th"e event of a loss, damage, or suit arising out of Kittitas
County's petfot*unce of a duty under this Agreement' Soufh Cle Elum's
ro*prlh.nsive general liability policy will be considered excess coverage in
respect to Kittitis County. Kiitiias County will-control handling of all claims
exiept for those based on the sole ne$ligence of South Cle.Elum or related to
Section 7.2,inwhich case South Cle Elirnr's insurance shall be primary and
Kittitas County's shall be non-contributory'
Kittitas County shall request from its insurer that written notification willbe
givel to South Cle Elum for any cancellation in Kittitas County's coverage at
l-east thirty (30) days in advance of such cancellation.
V/ithin fifteen (15) days of the conmlencement of this Agreement, South Cle
Elum shall provide euidence of the following insurance coverage and limits at a
rninimum:
Comprehensive general liability in an amount not less than $ I ,000,000.00 per
occuffence.
Enors and omissions or public official's liability in an atnount not less than
$ 1,000,000.00 Per occuffence.
Kittitas County shall be narned as an additional insrred on South Cle Elutn's
commercial general liability poticies. This additional insured endoruement shall
be inch"rded ivith evidence of insurance in the form of a Certificate of Insurance
for coverage necsssary as rpferenced above.
South Cle Elum shall request from its insurer that written notification willbe
given to Kittitas County for any cancellation in South Clc Elum's covcrage at
least thirty (30) days in advance of such cancellation.
INDEPENDENT CONTRACTOR
The Parties understand and agree that Kittitas County is acting here_undsr as an
independent contractor and sfiall maintain control of all Sheriff's Office
**pioy.tt, including hiring, firing, discipline, evaluation, and establishment of
standards of performance thereof.
Pagc 6 of 8
8.1
9
8.2
9.1
9.2
9.4
9.5
10.3
ONAL AGRE
All jail costs for South Cle Elum will continue to be the responsibility of South
Cle Hlum and shall be subject to separate continuing Interlocal Agreements
with Kittitas County for jail services.
The Parties agree that prosecition and public def'ender seryices willcontinue to
be provided under the tenns of such agreements involving the respective
Parties, which are in place at the time of signing of this Agreement.
The Parties agree that each municipality may have received or may apply for
grant funding for additional police seruices and/or equipment. If souih Cle
Elum receives such funds, it may transfer-the funds to Kittitas Cor"rnty to be
used in accordance with tenns and conditibns of tlie underlying grant. The
Parties further agrec to approvt: an addendum to this Agrecmcnt, if nccessary,
to be eligible for such grant funding, provided that the amendment is not
inconsistent with the tenns and conditions of this Agreement.
The Parties understand that additional costs may be incuned from an Incident
and that such additional costs will be paid for by South Cle Elum.
I O. SEVERABII,ITY AN GOVERNING t-AW
10.1 If any provision of this Agreernent shall be detemiined to be unenforceable or
otherwise invalid for any reason, such prnvision shall be enforced and
invalidated to the extent permitted by law. All provisions of this Agreement are
severable and the unenforceability or invalidity of a single pr"ovision hereof
shall net affect the rernaining provisions.
10.2
All Kittitas county slreriff's office personnel shall be, for all purposes,
employees of the Sheriff's Office, although they nuy from tirrie-tb-tirrrc act as
commissioned officers of South Cle Elum.
auy or hlavenfur zazz
This Agreernent shall be govemed by the laws of the State of Washington and
venue for any action arising from this Agreement shall be in Kittitas County
Superior Court,
Any notices provided for or conceming this Agreement shall be in writing and
shall be deemed sufficiently given when delivered personally or when sent by
certified or registered nrail to the following:
KITTITAS COUNTY SHNRIFF'
ADOPTED this ,t
Pagc 7 of 8
BOARD OF COUNTY COMMISSIONERS
KITTITAS TY, WASHINGTON
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APPROVED AS TO FORM:
e 8(v
Douglas R Deputy Prosecuting Attomey
firc*of the Boanl- Julie Kjorsvik D Deputy Clerk of the Board- Mandy Buchholz
OF SOUTH CLE ELUM
Jo--__
Page 8 of8