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Home My WebLink AboutR2026-147BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON RESOLUTION No. 2026 -t4? 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 Sheriffs Office would provide Law Enforcement services as needed to the City of Kittitas, and the City of Kittitas will reimburse the Kittitas County Sheriffls Office for the actual time spent providing Law Enforcement 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, Washingto_n 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 B ABSENT Commissioner A ! Clerk of the Board- Julie Kjorsvik I Deputy Clerk of the Board- Mandy Buchholz 2026 BOARD OF COUNTY COMMISSIONERS KI TT cou HINGTON sm ith, Chairman Vice-Chair lsr day of RESOLUTION INTERTOCAL AGREEMANT BETWEEN CITY OF KITTITAS AND KITTITAS COUNTY SHERIFF'S OFFICE THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into as of the last clate of signatur.e below, by and between the City of Kittitas ("City";, a municipal corporation, and the Kittitas County Sheriff s bfn.. ("I(CSO"), a public law enforcement agency. The puqpose of this Agreement is io memorialize the terms under which KCSO will provide as-needed law enforcement services to the City. WHEREAS, the parties are public agencies as defined in the Interlocal Cooperation Act (Chapter 39.34 RCW), and they wish to enter into an agreement pursuant to the Interlocal iooperation Act and ihe Mutual Aid Peace Officers Powers Act (Chapter 10'93 RCW); and WHEREAS, the City maintains a law enforcement agency that is commonly referred to as the Kittitas Police Department ("KPD"); and WHEREAS, KPD occasionally requires additional law enforcement support from KCSO within the City limits; and WHEREAS, KCSO is willing to render such law enforcement services, in exchange for the City eovering lhe cosls of suqh se${iqes; and WHEREAS, for the mutual benefit of the parties and to conserye public funds, it is convenient and economical for the City to utilize KCSO's law enforcement services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, the parties agree as follows: 1. Purpose. The purpose of this Agreement is for KCSO to provide as-needed law enforcernent servicei to the City, and for the City to provide KCSO payment for such law enforcement services. 2. Administralion. Z.I No separate legal or adminishative entity is created by this Agreement. Z.Z For rhe purposes of RCW 39.34.030(4)(a), the administrators of this Agreement shall be the individuals set forth below in section 2.3' 2.3 The following shall be the parties' authorized representatives and contact persons for administration of this Agreement and iny notices required by this Agteement shall be provided to: To City: To KCSO City of Kittitas Attn: Chief David Hinchliff 207 N. Main St. Kittitas, WA 98934 Kittitas County Sheriffs Office Attn: Sheriff Clayton MYers 307 W. Umptanum Rd. Ellensburg, Washington 9 8926 3. Duration aud Termi4ation' 3.1 This Agrebment shall become effective upon fuIl executionby the pafiies, and will be filed with the Kittitas County Auditor's Office or posted online as provided in RCW 39.34.040. 3.2. This Agreement shall remain in force until terminated by either party' Either party may terminate thiJ Agreement at any time ancl for any reason with thirty (30) days' written notice to the other PartY. 4. Lpw Enfo{gemqnt Serv-ices', 4.1 KCSO will provide law enforcement services for the City as requested by the City, subject to the availabitity olfCSO personnel and/or resources as detennined on a case- by-case basis by the Sheriff or the Sheriff s designee. 4.2 eriy in"iArnt reports drafted by a KCSO deputy for incidentsresponded to r,vhile performing services under this Agreement shall be filed and maintained by KCSO' 5. Fipanqing.,Budsetpnd,Expenqes. No 5.2 Services provided by KCSO deputies under this Agreement shall be billed to the City at $159/hour. Partial hours will be billed in 1S-minute increments' 5.3 KCSO will invoice the City nonthly, and payment therefor shall be due within 30 days of the date of invoice issuance. 6. Properf.v. 6.1 The parties do not anticipate acquiring jointly owned personal or real property under this Agreement. 6.2 Any personal property of aparty used in the performance of this 5.1 separate budget or lrnancmg metnoo ls cfeated oy mrs Agreement. Agreement in the possession of the other party shall be returned to the owner promptly upon completion of each requested task for which such property was utilized. 7. Maintena$ce and Audit of Record$. i,l Each parfy shall maintain books, records, documents and other materials relevant to its performance under this Agreement for a minimum of six (6) years after the termination of the Agreement. 7.2 These records shall be subject to inspection, review and audit by either party, the Washington State Auditor's Office, oI any othel entity as required by law' 8. Legal Relations. 8.1 The parties agree that KCSO's relation to the City shall be at all times under this Agreement as an independent contractor. Employees of the KCSO are and will remain employees of I{CSO ryhile performing seruices under this Agteement. g.Z The City agrees to defend, indemnify, and hold hatmless the KCSO and its agents from and against claimi, damages, losses, and expenses, including, but not limited to, altorney's fees and costs and "*p"nr.r, arising out of or relating to the City's acts or omissions in its performance of this Agreement, except for injuries and damages caused by the acts or omissions of the KCSO or its agents or employees. It is further specifically and expressly understood that the indemnification obligation set forth herein constitutes the City's waiver of irnmunity under Title 51 RCW, solely for the pu{poses of fulfilling this indemnification obligation. This waiver has been mutually negotiated by the parties. 8.3 KCSO agrees to defend, indemnify, and hold harmless City and its agents from and against clairns, damages, losses, and expenses, including, but not limited to, attorney's fees and costs and expenses; arising out of or resulting f'rom its perfonnance of thisAgreement; except for injuries and damages caused by the acts or omissions of the City or its agents or ..pl,oy."r. it is further specifically and expressly understood that the indemnification oUiiguiiott set forth herein constitutes KCSO's waiver of immunity under Title 51 RCW, solely for the purposes of fulfilling this indemnification obligation. This waiver has been 8.4 The obligations stated in subsections 8.2 and 8.3, above, "vill survive termination of this Agreement for any reason. 9. Enforcement. g.l In the event a dispute arises regarding any matter addressed in or related to this Agreement, the parties agree that before taking utty "orrrt action or seeking any other legal rerned!, the parties' authorizJd contact persons fisfed in Section 2.3, or their authorized designees, will participate in a good faith in-person negotiation to resolve any such dispute. g.Z If any legal actioir, arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection r,vith any of the provisions ofthis Agreement, each party shall pay its own attorney's fees incurred in that action, arbitration or other proceeding' 9.3 The Kittitas County Superior Court shall be the sole and proper venue for a1y and ali court actions brought to enforce or interpret the provisions of this Agreement' g.4 This Agreement shall be governed by the laws of the State of Washington' 10. Appljcabte Laws. The pafiies, in performance of the work under this Agreement, shall abide by all appiicable local, state and federal laws, regulations, and requirements' I l. Internretation. I l.l This Agreement has been subrnitted to the scrutiny of the parlies and their legal counsel, if desired, antl itihatt be given a fair and reasonable interpretation in accordance with its words, without consideration or weight given to its being drafted by any party or its legal counsel. 1l.Z Nothing contained in this Agreement shall be interpreted or constnted to permit the assignment by eitheiparty of any rights or obligations in this Agreement and such assignment is Jxpressly prohibited without the prior written consent of the other party- 12. Waivqr of Breach. The waiver by either party of the breach of any provision of this Agreement by th* oth.r p.ry must be in writing and shall not operate or be construed as a waiver of any subsequent breach by such other par-ty' 13. Recitals. The recitals in the preamble to this Agreement are incorporaled by this reference and are a part of this Agreement' 14. Severability; Inthe event any term;provision, or eondition of this Agreement or application thrr.of toffiil.on or circumstance is held invalid, such invalidity shall not affect jher terms, provisions, conditions, or applications of this Agreement which shall be given effect without the invalid term, provision, condition, or application. To this end, the terms, provisions and conditionJof this Agreement are declared severable' 15. Egtire Agreemeql 15.1 This Agreement contains all the terms and conditions agreed upon by and between the parties. No other un?erstandings, oral or otherwise, regarding the subject *u1:: of this Agreement shall be deemed to exiit or to bind any of the parties hereto- Any modification of this Agreement must be in writing and executed by both parties' I5.2 This Agreement may be executed sinrultaneously or in counterparts each of which shall be deemed an orilinal. but all of which shall be identical and constitute one and the same agreement. 15.3 This Agreement shall be binding upon the parties, their successors and assigns' IN WITNESS WHEREOF, the parties hereby have executed this Agreement on the dates belolv Dated this s,f day of Jeffi.wk(,2026. KITTITAS POLICE DEPART]VIENT IflTTITAS COUNT SHERTF'F'S OFFICE of Police S Sheriff 9 -l t-. t-t Date Date CITY OF KITTITAS KITTITAS COUNTY, WASHTNGTON BOARD _OF COUNTY COMMISSIONERS 'pJ*J0l* Signature R;,h,",J lt inv- Printed Name Vice-Chaimran No ABSENT Title Comrnissioner E/to / s6 Date sisned Clerk of Board f Oeputy ClerkII U Cortn