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Home My WebLink About5.700 Original Contract 5.7DO " ,~""""",,'_" THIS MUTUAL LAW ENFORCEMENT ASSISTANCE AGREEMENT is entered into by and between the undersigned parties in order to provide for the creation and administration of a consolidated Regional Emergency Vehicle Operations Instructor Team. Therefore, for and in consideration ofthe following covenants, the parties agree as follows: 1. Effective Date and Duration. This Agreement shall be effective from the date the Agreement is executed by Kitsap County and at least one other party and shall remain in force and effect for a period of three (3) years. All parties intend that the effective date and term of the agreement contained herein shall govern. 2. Purpose and Function. The purpose of this Agreement is to provide for the creation and administration of a single, functionally consolidated Westsound Regional EVOC Instructor Team. 3. Organization. No separate legal or administrative entity is created by this Agreement and this Agreement does not effect the organization or functions of the parties, except as provided below: a. Joint Administrative Board. This Agreement shall be administered by a joint board comprised of the chief law enforcement officer from each party or his or her designee. b. Structure. · The functionally consolidated Westsound Regional EVOC Instructor Team will consist of officers from the Kitsap County Sheriffs Office, Bremerton Police Department, Port Orchard Police Department, Bainbridge Island Police Department, Poulsbo Police Department, Jefferson County Sheriffs Office, Shelton Police Department, Port Townsend Police Department, Port Angeles Police Department and the Gig Harbor Police Department. When subsequent attrition occurs in the Regional EVOC Instructor team, such vacancies shaU be fiUed based on a mutually agreed to and managed selection process. MUTUAL LAW ENFORCEMENT As SIST ANCE AGREEMENT" , , 'WESTSOUND REGIONAL EVOC INSTRUCTORS - Page 1 of 18" " 11/18/04 · The Team Commander will consist of one (1) sergeant from the Kitsap County Sheriff's Office. The sergeant will be responsible for the organization, operation, budget, and staffing of the Regional EVOC team. Coordination provided by Kitsap County shall not be considered an allocation ofliability under RCW 10.93.040, nor as the intent of the parties that the Regional EVOC Instructor team is acting under the direction and control of Kit sap County · Team leaders for the Westsound Regional EVOC Instructor Team will consist of two instructors from the instructor pool. The Team Commander will select the team leaders, and they will be responsible for all functions associated with the team's activities, training, and requirements. · If a transfer of personnel occurs between participating agencies, by a current member of the Westsound Regional EVOC Instructor Team, that transferred member shall only be ensured of continued membership so long as performance is maintained to the satisfaction of the receiving agency. The transfer shall create an opening on the team in the transferring agency. · Vehicles created by each separate department and designated as "training" vehicles by those departments shall be maintained and inventoried by each individual department. Maintenance costs for such vehicles shall be the responsibility of the owning departments. If an agency donates a vehicle to the Westsound Regional EVOC Instructor Team for "training" purposes only, Westsound Regional EVOC will take over responsibility for maintenance costs of the vehicle. · All Westsound Regional EVOC Instructor Team instructors agree to receive initial training in standardized techniques such as PIT (Pursuit Immobilization Technique) and the SkidCar. All instructors will receive instructor-level training in PIT. · Except as provided herein, all personnel are deemed to be continuing employment for their respective employers when activated as members of the functionally consolidated Westsound Regional EVOC Instructor Team. · Tactics used by the Westsound Regional EVOC Instructor Team will be tactics generally recognized as viable by the Washington State Criminal Justice Training Commission, Washington State Patrol, or by other reputable sources. c. Team Selection: · To compete for positions on the Westsound Regional EVOC Instructor Team, all officers who wish to apply will submit a resume and letter of recommendation from their current supervisor with approval of their department head. MUTUAL LAW ENFORCEMENT 'ASSIST A:N"CE AGREEMENT WESTSOUND REGIONAL' EVOC INSTRUCTORS -"Page 2 of 18 11118/04 "': , '. ' " · An oral interview panel consisting of current team instructors from, at least two (2) of the participating departments will be convened. The interview panel will include a minimum of three (3) instructors and the Team Commander. · Instructor candidates will participate in an oral interview that will include questions and answers and a brief presentation to demonstrate instructor skills for preparing a lesson plan. · Following the oral interview, the instructor candidates will demonstrate driving skills on a designated training course. One current EVOC Instructor team member will accompany them in the vehicle. · The instructor candidates will be scored during both the interview and driving phases of the selection process, and a selection will be made based on the scored results from both phases. · Additional instructors will be added to the team as vacancies occur and when mutually agreed upon by all participating agencies. · The minimum length of assignment shall be two years. · New instructors will be required to complete a probationary period of 12 months (1 year), during which time they will be evaluated based on their performance, skills, abilities, participation, and commitment to the EVOC program. · Seniority will be based by the entry date of each member into the combined team. 4. Budget and Finance. The parties agree to budget and finance provisions for costs incurred by or in connection with the operations of the consolidated Westsound Regional EVOC Instructor Team, in the following particulars: · Each participating agency shall bear the financial responsibility for such of its employees as participate in the Task Force, including but not limited to salary, benefits and worker's compensation insurance. · For purposes of budget and finance, the Kitsap County Sheriff's Office shall act as the host agency. · Kitsap County Sheriffs Office will establish an EVOC maintenance, training, and equipment budget. EVOC costs including, supplies, services, and equipment will be expensed from the Kitsap County Sheriff's Office EVOC budget. · Emergency expenses outside the parameters of the approved budget can be approved after the fact but are limited to operational necessity (i.e. supplies related to specific EVOC needs). MUTUAL LAW ENFORCEMENT 'ASSISTANCE AGREEMENT' WESTSOUND REGIONAL EVOCINStRUCTORS ~ p'age 3 of 1 ~ 11/18/04 · Money received from hosted training will be used to pay training expenses including fees, facility rentals, and necessary equipment (i.e. cones, spray paint/chalk, stopwatches, etc.). · Funds retained in the EVOC budget account may be used to supplement costs associated with advanced training and equipment for instructors covered by this agreement. · The cost for training will be calculated by dividing the number of officers attending the training into the rental cost of the facility, which will give a cost per officer. An additional cost of not more than five dollars will be added per officer for EVOC vehicle maintenance, supplies, and equipment. All parties intend that the budget and finance provisions contained herein shall govern the activities of the Westsound Regional EVOC Instructor Team. 5. Policy Development and Review. As the host agency, the Kitsap County Sheriff's Office will coordinate the development of EVOC policies, subject to review by all participating agencies. At a minimum, such policies shall address: · Special Procedures · Vehicle Use and Maintenance · Equipment Purchase, Maintenance, and Storage · Lesson Plan Development · Implementation of Training Programs Following policy ratification, The Kitsap County Sheriff's Office shall forward copies of all EVOC policies to all participating agencies for inclusion into those departments' respective department manuals. 6. Termination and Disposition of Property. During the initial term of this Agreement, any party may terminate participation hereunder by providing one year's (365 days) prior written notice to the other parties. During any period of extension or renewal of this Agreement, any party may terminate participation hereunder by providing six months' prior written notice to the other parties. Upon termination of this agreement, personal property, including vehicles and equipment shall belong to the party who provided or paid for them. Jointly purchased items will be distributed to participating agencies using the same percentage formula as used for cost distribution. All parties intend that the provisions contained herein concerning termination and disposition of property shall govern. MUTUAL LAW ENFORCEMENT ASSISTANCE AGREEMENT WESTSOUND REGIONAL EVO<; INSTRUCTORS --;, Page 4 of 1 ~ 11/18/04 " 7. Choice of Law /Limited Waiver of Sovereign Immunity. The parties agree that, in connection with their activities under this Interlocal Agreement, they shall comply with all applicable federal, state and local laws or regulations and, further, that this Interlocal Agreement shall be construed according to the laws of the State of Washington. Each party, including the Suquamish Tribe, consents to the personal jurisdiction of the Superior Court of the State of Washington for all claims, disputes, proceedings or actions in any way arising under, or relating to, this agreement or the subject matter of this agreement. Venue for any such claim shall be exclusively in the Superior Court for the County of Kitsap. The Suquamish Tribe grants a limited waiver of sovereign immunity to suit solely for the purposes of this provision. 8. Responsibility: Each party shall act as an independent contractor and not as employee of the Regional Emergency Vehicle Operations Instructor Team or of another party to this agreement. As such, the parties shall not have the authority to bind other parties nor control employees of other parties, contractors or other entities. Personnel assigned to the Regional Emergency Vehicle Operations Instructor Team shall be considered employees ofthe contributing agency, which shall be solely and exclusively responsible for that employee. All rights, duties and obligations of the employer shall remain with the contributing agency. The personnel assigned by the contributing agencies shall continue under the employment of that agency for purposes of any losses, claims, damages, or liabilities arising out of or related to the services provided to the Regional Emergency Vehicle Operations Instructor Team or the activities of the Regional Emergency Vehicle Operations Instructor Team. Each party, in any action arising from the sole negligence of that party's employee, agrees to hold harmless, defend, and indemnify the other parties, including all costs of defense and attorney's fees. A party, in an action arising from the sole negligence of that agency's employee, shall not be responsible for indemnifying another party for any attorney's fees and costs incurred in the defense of an action prior to the date of receipt of a tender of defense from the other party.O MUTUAL LAW ENFORCEMENT ASSISTANCE AGREEMENT WESTSOUNnREGIONAL EVOC INSTRUCTORS -'Page 5' of 18 11/18/04 ' DATED this _ day of ,20_. CHIEF MATTHEW HANEY Bainbridge Island Police Department Approved this _ day of ,20 . CITY OF BAINBRIDGE ISLAND MAYOR DARLENE KORDONOWY APPROVED AS TO FORM: CITY ATTORNEY ATTEST: CITY CLERK MUTUAL LAW ENFORCEMENT ASSISTANCE AGREEMENT WESTSOUND REGIONAL EVOC INSTRUCTORS' -'Page' 6'of 18 ' 11118/04' ' , "' ' , DATED" this _ day of ,20 . CHIEF ROB FORBES Bremerton Police Department Approved this day of ,20_. CITY OF BREMERTON MAYOR CARY BOSEMAN APPROVED AS TO FORM: CITY A TIORNEY ATTEST: CITY CLERK MUTUAL. LAW ENFORCEMENT ASSISTANCE AGREEMENT WESTSOUND REGIONAL EVOC INSTRUCTORS - Page 7 of 18 11/18/04 DATED this _ day of ,20_" CHIEF ALAN TOWNSEND Port Orchard Police Department Approved this day of ,20_" CITY OF PORT ORCHARD MAYOR KIM E. ABEL APPROVED AS TO FORM: CITY ATTORNEY ATTEST: CITY CLERK MUTUAL LAW ENFORCEMENT ASSISTANCE AGREEMENT" ," WESTSOUND REGIONAL EVOC INSTRUCTORS - Page 8 of 18 11/18/04 ' DA TED this _ day of ,20_, CHIEF JEFF DORAN Poulsbo Police Department Approved this day of ,20 . CITY OF POULSBO MAYOR DONNA JEAN BRUCE APPROVED AS TO FORM: CITY ATTORNEY ATTEST: CITY CLERK MUTUAL LAW ENFORCEMENT ASSISTANCE AGREEMENr- WESTSOUND REGIONAL EVOC ll'fSTRUCTORS - Page 9 of 1 ~ <, 11/18/04 DATED this _ day of ,20_ \, SHERIFF STEVE BOYER Kitsap County Sheriff's Office APPROVED this day of 20 . BOARD OF COUNTY COMMISSIONERS KIT SAP COUNTY, WASHINGTON PATTY LENT, Chair CHRIS ENDRESEN, Commissioner JAN ANGEL, Commissioner ATTEST: APPROVED AS TO FORM: OPAL ROBERTSON, Clerk of the Board JOHN S. DOLESE Senior Deputy Prosecuting Attorney Office of the Kitsap County Prosecuting Attorney MUTUAL LAW ENFORCEMENT ASSISTANCE AGREEMENT WESTSOUND REGIONAL EVOC INSTRUCTORS - 10 of 18 11/04/04 DATED this _ day of ,20_" CHIEF TERRY DAVENPORT Shelton Police Department Approved this _ day of ,20_ CITY OF SHELTON MAYOR JOHN TARRANT APPROVED AS TO FORM: CITY ATTORNEY ATTEST: CITY CLERK MUTUAL LAW ENFORCEMENT ASSISTANCE AGREEMENT WESTSOUND REGIQN4 EVOC INSTRUCTORS - 11 of18 11/04/04 " DATED this _ day of ,20_" CHIEF KRISTEN ANDERSON Port Townsend Police Department Approved this _ day of ,20_" CITY OF PORT TOWNSEND MAYORCATHAmNEROBmSON APPROVED AS TO FORM: CITY ATTORNEY ATTEST: CITY CLERK MUTUAL LAW ENFORCEMENT ASSISTANCE AGREEMENT WESTSOUND REGIONAL EVOC mSTRUCTORS- 12 of 18 11/04/04 DATED thisc:2LAirtay o~ "D ~ ' 20~ d~ee~ CHIEF TOM RIEPE Port Angeles Police Department Approved this ~ay of <;:)" /I a..rrfhllJ. ~ , 200!i. CITY OF PORT ANGELES ~j)()ibJLL MAYOR RICHARD HEADRICK APPROVED AS TO FORM: tdk- d-- CITY ATTORNEY A TIEST: 61~.~~ CITY CL ) . MUTUAL LAW ENFORCEMENT ASSISTANCE AGREEMENT WESTSOUND REGIONAL Evbc INSTRUCTORS - 13 of 18 11/04/04 DATED this _ day of ,20 SHERIFF MIKE BRASFIELD Jefferson County Sheriffs Office day of 20 APPROVED this BOARD OF COUNTY COMMISSIONERS JEFFERSON COUNTY, WASHINGTON , Chair , Commissioner , Commissioner ATTEST: APPROVED AS TO FORM: . l', Clerk ofthe Board Deputy Prosecuting Attorney Office of the Jefferson County Prosecuting Attorney MUTUAL LAW ENFORCEMENT ASSISTANCE AGREEMENT ,WESTSOUND REGIONAL EVOC INSTRUCTORS - 14 of 18 11/04/04 , , , DATED this _ day of ,20_ CHIEF MIKE LASNIER Suquamish Police Department day of 20 APPROVED this SUQUAMISH TRIBAL COUNCIL CHAIRMAN APPROVED AS TO FORM: ,ATTORNEY ATTEST: , COUNCIL CLERK MUTUAL LAW ENFORCEMENT ASSISTANCE AGREEME~T ' WESTSOUND REGIONAL EVOC INSTRUCTbRS - 15 of 18 11/04/04, DATED this _ day of ,20 . CHIEF JIM REINHOLD Ruston Police Department Approved this _ day of ,20_. CITY OF RUSTON MAYOR KIM WHEELER APPROVED AS TO FORM: CITY ATTORNEY ATTEST: CITY CLERK MUTUAL LAW ENFORCEMENT ASSISTANCE AGREEMENT WESTSOUNI? REGIONAL EVOC INSTRUCTORS - 16 of 18 11/04/04 : ' " , .. DATED this _ day of ,20_ CHIEF MIKE DAVIS Gig Harbor Police Department Approved this _ day of ,20_. CITY OF GIG HARBOR MAYOR GRETCHEN WILBERT APPROVED AS TO FORM: CITY ATTORNEY ATTEST: CITY CLERK DATED this _ day of ,20_ MUTUAL LAW ENFPRCEMENT ASSISTANCgAGREEMENT WESTSOUND REGIONAL EVOC INSTRUCTORS - 17 of 18 11/04/04 , ' ' .. DA TED this _ day of ,20_, SHERIFF JOE MARTIN Clallam County Sheriff's Office APPROVED this day of 20 . BOARD OF COUNTY COMMISSIONERS CLALLAM COUNTY, WASHINGTON , Chair , Commissioner , Commissioner ATTEST: APPROVED AS TO FORM: Clerk of the Board Deputy Prosecuting Attorney Clallam County MUTUAL LAW ENFORCEMENT ASSISTANCE AGREEMENT , ' , WESTSOUND REGIONAL EVOC INSTRUCTORS -18 of 18 11/04/04 " ,