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HomeMy WebLinkAboutR2026-146 Fully ExecutedBOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION NO. 2026 lqb A RESOLUTION AUTHORIZING EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN KITTITAS COUNTY SHERIFF'S OFFICE AND THE CITY OF KITTITAS WHEREAS, RCW 39.34, the lnterlocal Cooperation Act, provides the capability for public agencies to cooperate by providing services and facilities for mutual advantage. WHEREAS, The Kittitas County Sheriffls Office would provide Field Training Services as needed to the City of Kittitas Police Department, and the City of Kittitas will reimburse the Kittitas County bheriffs Office for the actualtime spent providing Field Training Services at the rates specified in the agreement. NOW, THEREFORE, BE IT HEREBY RESOLVED AND IT IS HEREBY ORDERED, that the Board of County Commissioners of Kittitas County, Washington authorizes the execution of the lnterlocal Agreement between Kittitas County Sheriffs Office and the City of Kittitas that is attached hereto, and incorporated herein by this reference, and which shall be forthwith filed with the Kittitas County Auditor pursuant to RCW 39.34.040. ADOPTED this I 6t-day of ?-, zoza BOARD O F COUNTY COMMISSIONERS KITTITAS CO INGTON ABSENT Commissioner .ffilerk of the Board f Deputy Clerk of the Board Cor r ?,r RESOLUTION INTERLOCAL AGREEMENT BETWEEN KITTITAS COUNTY AND THE CITY OF KITTITAS FOR LAW ENFORCEMENT FIELD TRAINING SERVICES THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into as of the last clate of signature belolv, by and between I(ittitas County (!'County"), a potitical subdivision of the State of Washington, apithe City of Kittitas ("City"), a municipal corporation"l'he purpose of this Agreement is tolonnatize the teims r.urder which ih" Kittitu. Courtty Streliff s Office ("KCSO") may provicle field training services for City police officers' WHEREAS, the parties are public agencies as defined in the lnterlocal Cooperation Act (Ctrapter 39.34 RCW), and they wiih to enter into an agreement prrsuant to the lnterlocal booperation Act a*d ihe Mutual Aid Peace Officers Powers Act (Chapter l0'93 RCW); and WHEREAS, the county, through t(cso, maintains a robust field training program for new law enforcement officers; and WI-IEREAS, the City maintains a law enforcement agency that is the l(ittitas Police Department ("KPD"); and WHEREAS, the City anclCounty mutr.rally benefit from all law enforcement officers within their respective law enforcement ug"n.i., having excellent training and a positive working relationship; and recently hired police officers; and WHEREAS, KCSO is willing to render such field training services to the KPD as requested; and WHEREAS, tbr the mutual benefit of the parties and to conserve public funds, it is convenient and economical for the City to utilize kCSO'r fieid training program under the tetms and conditions set tbrth ln thls NOW, THEREFORE, the parties agree as follows: 1. Purpose. The purpose of this Agreement is to allow for KCSO to provide as- needed field training services for KPD police officers' 2. Administration. Z.l No separate legal or administrative entity is created by this Agreement 2.2 For the purposes of RCW 39.34.030(4)(a), the administrators of this Agreernent shall be the individuals set forth below in section 2.3. {J KN4922-1 193-9sAg ; I | 23s08'02o0ol/ | Pg.1 of8 I.L.A. between Kittitas Countv and Cifv of Kittitas for Law Enfo rcement Field Training Services 2.3 The following shall be the parties' authorized representatives and contact persons for administration of this Agreement and any notices required by this Agreement shall be provided to: To City: 207 N. Main St. - KS{as,lUA 9W4- City of Kittitas Attn: Chief David Hinchliff Kittitas County Sheriff s Offrce Attn: Chief Deputy Ben Ko$er 307 W. UmptanumRd. Ellensburg, Washington 98926 To Couttty: 3. DurationarKlTernination. 3,1 This Agreement shall become effective upon fuIl execution by the parties and will be filed with the Kittitas County Auditor's Office or posted online as provided in RCW 39.34.044. 3.2. This Agreement shall remain in force until terminated bv either party. Either party may Ierminatethis-Agreementatany time and for any reason with thirty (30) days' written noiice to the other party, Notioe is depmed effective upon mailing. 4, LalEnforcement Figld Ttainine Services, 4,1 KCSO permits I(PD police officers to participate in KCSO's field training progxam, as requested by the City, subject to the availability of KCSO personnel andlor resources as determined on a case-by-oase basis by the Sheriff or the Sheriff s designee. all equiprnent they will caruy during participation in the KCSO field training program. 4,4 The I3D student officer may be permitted to operate a KCSO vehicle when the I(CSO field training offioer determines the student officer is ready. The student officer must have a valid Washinglon state drivers license and have completed and be currgnt with state- approved Emergency Vehicle Operations training prior to operating a KCSO vehicle. +.2 KCSO will have sole discretion and final say as to any individual KPD student officer,s admission to the KCSO field training program, and their removal therefrom. I(PD will make available to KCSO all background investigation and training records for any potential student officer upon I(CSO (equest. ptogtam,the student officer must have oompleted the Washington State Criminal Justice Training Commission 's BaSic Law Enforcement Academy (or equivalency) and be certified as a peace officer, Student officers must also have current training and qualification or approval by I(PD for network 4922-1193-s509,v. 1 0 KN4922-x193-9 509 |7/ 23s08,o200ot/ I completed appropriate Criminal Justice Information Services (CJIS)' Pubtic Records Act (PRA)' and records management training. 4.6 Any KpD student officer assigned to participate in the KC_SO field training program shall be employed by the City, governed by City and KPD poticies and rules' The City shall be solely responsible toi recrltitment, pay and benefits, adninistrative investigations' discipline, and perfonnance of all p.rron*i, in accordance rvith such ntles and policies' The City will ensure that KpD student officers have completed training on all appticable City and KPD policies and rules and their chain of command prior to entering the field training progtam' 4.7 KCSO field training program personnel will provide regular updates to KPD supervisors regarding the progrcss of fpp student officers in the field training program' Records from KpD studeni participition in the prograrn willbe managed as described in section 7' below. 4.g KpD will enslrre that KPD student officers are issued and have been properly trained on the use of a body worn camera (BWC)' The KPD student officer's BWC' BWC recordings or data, any associated accounts or logins, and all costs remain the sole responsibility of KPD. KCSO lvill not provide access to I(CSO's Axon subscription or system' 5. Financing. Budeet andExoenses' 5.1 No separate budget or financing method is created by this Agreement' I.L.A. befiveen Kittitas and of Kittitas for Lnw Enforcement Field Sen ices 5.2 Pursuant to collective bargaining agreement,KCSO deputies who are FTOs are paid an additional premium of one (1) additional straight time liour of pay for each daY in which they have a student officer assigned' Sttc h FTO premium PaY attributab le to training a KPD student oftlcer shall be to the ulty at sou per oay a ts.ru orrlgcr 5.3 At times. field training may require the_ FTO to r'vork oveftime attributable solely to training their student officer. FTO oiertime attributable to training a KPD student ottcer shall be billed to the City at $ I l0 per hour' 5.4 KCSO will invoice the City rnonthly, and payment therefore shall be 5.5 Except as specifically provided elsewhere in this agreement, each party to this agreement is responsible for any and all costs or expenses it incurs. 6, Propetgt. 6.1 The parties do not anticipate acquiring jointly owned personal or real property under this Agreement. 6.2Anypersonatpropertyofapartyusedintheperformarrceofthjs Agreement in the possession of the oih.i putty stratt be returned to the owner promptly upon co-mpletion of eacir requested task for which such property was r-rtilized' 4922-1193-9509,v. 1 il KN4922-1193-9 5o9;t/23s08.020007/ | Pg.3 of8 I.L.A. between Kittitas and of Kittitas for Law Enforcement Field Services 7. Maintenanee and Audit ofRecords. 7,1 Any incident reports drafted by a KPD student officer for incidents the student officer responded to while participating in the I(CSO field training plogram under this Agreement shall be filed and maintained by I(CSO. -7.z----UpT-nto-un-in-atiorrof a-K?D-Shrne-nf -of fi cer'-spartioipa-tidninthel(CSO- field training program, that student officer's field training reoords will be transferued to I(PD for appropriate processing and maintenance. KPD shall be solely responsible for maintaining such training records in compliance with applicable law and regulations. 7.3 Except those categories of records specified in sections 7 ,l and7.2 above, each party shall maintain its own records relating to this agreement in cornpliance with applicable retention schedules. Such records shall be subject to inspection, review and audit by eithel party' the Washington State Auditor's Office, or any other entity as required by law. Both parties hereto urr pirblir agencies subject to the Washington State Public Records Act, RCW 42'56, (oopRA"), and each party will iiligently respond to pubiic records requests it receives. If a pafiy hereto determines that records inihe posseision of ihe other party are needed to respond to a PRA records request, the other party will promptly provide such records in order to facilitate timely disclosure to the records requester. 7.4 If the City fails to comply with the PRA or any other applicable_ records r.etention or disclosure laws, and as a result, liability attaches to the County, the City shall indemnify the County for the full amount of any resulting damages awarded against the County and for the full amount of any associated defense costs incurred by the County. If a party hereto receives a request for its puUiic records which relate to the other PatW,then the parly receiving such request may provide reasonable notioe to the other party of such request and the date on which the requested records will be released unless the other party first obtains, at its own expense, an ir{unction preventing the release of suoh records under RCW 42.56'540. 8. LegalRelations/Indemnification,, 8,1 The parties agree that KCSO's relation to the City shall be at all times employees of the County while Performing services under this Agreement, Employees of KPD are and will remain employees of the CitY while performing services under this Agreement. 8.2 To the fullest extent permitted by law, the City agrees to defend, indemnify, and hold harmless the County, its officers, elected and appointed offi oials, employeesn volunteets, and agents from any and all costs, claims, judgments, or awatds of damages (including costs and attorney fees), arising out of or in any way resulting from the provision of field training services under this Agreement. It is further speoifically and expressly understoo d that the indemnification obligation set forth herein constitutes the City's waiver of immunity under Title 51 RCW, solely for the purposes of fulfilling this indemnification obligation. The into this Agreement and have been mutually 4922-1193-9509, v. 1 fl KN4922- x193-9 sog ;I / 23s08'02o0oL lI negotiatod Pg.4of8 unty and Ciff of Kittitas for Larv Enlbrcement Field Training SewicesI.L.A. behveen Kittitas Co 8.3 The city agfees that it is fully responsible for any damage to counly propeffy caused by KPD stuclent officers, or any other City employee' S.4TlreobligationsstateclinsubsectionsS.2,above,willstrrvive termination of this Agreement for any reason' 9. lnsurance. 9.1 The city is a member of a self-ir-rsured risk management poolformed plrrsuant to Chapter +g.Oi nCW which provides its members with insurance coverage and is fu'rcleci to pay ,tui,nr,llag.*"ntr, and settlements for which the City is forrnd to be wholly or partially lesponsible. g.z Commercial General Liabiliry. The City shall maintain in full force throughout the cluration oitfrir agreement Con',r-,-t*r"i*l Generai Liability (CGL) insurance that is sufficient to protect itself from ttie risks associated with this agreement, with minimum limits of coverage in the amount of $ I million per occuffence / $3 million aggregate for personal injury' bodily injury, and property damage. g.3 Automobile lnsurance. The City shallmaintain Atrtomobile Liability insurance r,vith minimum combined single ti*itt fo, UoOity injury and property damage of not less than one miltion Oofforr-C$i,OOO,OOO) "i.t or.urrepce with reipict to each party'l owned' hired' and non-ow'red vehicles. "fi'tit policy must cover the operationof a County vehicle by a City ",nptoy"". The policy will contain aieverability of interests' provision. g.4 Workers'ComPensation and ErnP loyer LiabilitY Each partY will maintaln com AS the equrivalent, for all staff eligible for such coverage 9.5 Policy change. Each party is required^to give the other parties 3o-days prior notice of any caricellation, mat*erial change, reductiorr of limits or intent not to renew any insurance coverage. The insurance coverage Iiinits identified herein are minimum requirements only a'd clo not in any manner lirnit or quufifv the liabilities or obligations of the parties under the g.6 The City shall furnish to the County a Certit'icate of Insurance' with endorsement where ,.q.,ir"Aldou., u, .uido'tce that policils providing insurance.required by this Agreement are in full ftrce and effect. Contractor's inru.un.. policiei required above must apply on a primary non-.on ,-iUuiing Uuuit in ,elation to any other insurance or silf-insurance available to the CountY. 10. Enforcement. l0.l In the event a dispute arises regarding any matter addressed in or related to this Agreement, the poJi., ugr"e that be'fore taking 1ny court action or seeking any other legal remedy, the parties' authorizJd contact p"rron, tisiea in Section 2'3, or their authorized designees' witl participut" in u goocl faith in-person negotiation to resolve any such dispute' Pg. 5 of8 4922-1'193-9509, v. 1 0 KN4922-1193-9509;1/23508.020001/) I.L.A. between Kittitas Counfv and Citv of Kittitas for Law Enforcement Field Trahrins Setvices 10.2 If any legal action, afbitration or other proceeding is brought for the enforcement of this Agreement,br because of an alleged displte, breacho default or rnisrepresentation in c"onnection with any of the provisions olthis Agreement, each party shall pay its own attorney's fees inourred in that action, arbitration or other proceeding. 10.3 The Kittitas County Superior Court shall be the sole and proper venue for any and all court actions to enforce or the ofovlslonsL__--of this 10.4 This Agreement shall be governed by the laws of the State of Washington. 1 1. Applicable Laws. The parties, inperformance of the work under this Agreement, shall abide by all applicable local, state and federal laws, regulationso and requirements. 12. Interpretation 12.1 This Agreement has been submitted to the scrutiny of the parties and their legal counsel, if desired, and it shall be given a fair and reasonable interpretation in acoordance *Ith itr words, without consideration or weight given to its being drafted by any party or its legal counsel. I2.2 Nothing contained in this Agreemont shall be interpreted or construed to permit the assignment by eitheiparly of any rights or obligations in thisAgreement and such assignment is expressly prohibitod without the prior written consent of the other party. 13. Waiver of Breach. The waiver by either party of the breach of any provision of this Agreement by the oiher party must be in writing and shall not operate or be construed as a waiver of uny subsequent breach by such other party. 14. Recitals. The recitals in the preamble to this Agreernent are incorporated by this reference and are a part of this Agreement. 15. Severability. [ntheeventanY tetm, provision, or condition of this Ageement or application thereof to any person or circumstance is held invalid, such invalidity shall not affect other terns,provisions, conditions, or applications ofthis Agreement which shall be given effect provisions and conditions of this Agreement are deelared severable. 16, Entirq Agreement. L6.l This Agreement contains all the terms and conditions agreed upon by.and between the parties. No other undorstandings, oral or otherwise, regarding the subject matt91 of this Agreement shall be deemed to exist or to bind any of the pafiies hereto. Any modification of this Agreement must be in writing and executed by both parties. 4922-1193-9509,u. I tJ KN4922-1193-9 5o9 itl 23s08,o2000t ll Pg.6 of8 I.L.A. betrveen Kittitas County and Citv of Kittitas for Larv Enforcement Field Training Services 16.2 This Agreement may be executed simultaneot"tsly or in collnterparts each of which shall be deemecl un orifiinut, but all of ,,vhich shall be iclenticatand constitute one and the same agreement. 16,3 This Agreement shall be bincling upon the parlies, their successors and assigns 4922-1193-9509, v. 1 (J K N 49 22- 1 193-9 sog iU 23so8.ozoooL / 1 Pg. 7 of8 I.L.A. betrveen Kittitas County nnd CiW of Kittitas for Larv Enforcement Field Training Services IN WITNESS WHEREOF, this Agreement has been executed by and on behalf of the parties through their authorized representatives, effective as of the latest date written belor'v. CITY OF KITTITAS KITTITAS COUNTV, WASHINGTON BOARD OF COUNTY COMIVI$SIONERS 3n Sigrraturc David M. Hinchliff Printed Name Chief of Police, City of Kittitas Title Comrnissioner Date signed KITTITAS COT]NTY SHERIFF Clay Sheriff August 3,2026 Date signed 7- 1 a.L6 Date signed lerk of the Board Clerk tl 4922-1193-9509, v.1 0 KN49 22-1 193-9 sog ;L / 23508.ozojjt lI Counrl Pg.SofB