HomeMy WebLinkAbout5.377 Original Contract
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FIled at the Request of:
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City of Port Angeles
City Clerk's Office
P. O. Box 1150
Port Angeles, W A 98362
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2005 1164632
Clallam
County
Interlocal Agreement
City Clerk File No.: 6317
Agceement between the City of Port Angeles and ~e ~J6f, r.I.JJ~k.-
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INTERLOCAL AGREEMENT
FIRE INVESTIGATION TASK FORCE
This Agreement is entered into this 30 f h day of Ma y , 19 ~ by and
between the Clallam County Sheriff's Department, a municipal corporation and Clallam County Fire
District #3, Clallam County Fire District #2, the City of Sequim, and the City of Sequim Police
Department, the City of Port Angeles Police and Fire Departments, all hereinafter referred to as "party".
All parties execute this agreement as hereinafter provided pursuant to the Interlocal Cooperation Act,
Title 39.34 of the Revised Code of Washington:
WHEREAS, the parties recognize that, on occasion, there is a need for mvestlgative cooperation
in suspected arson cases or other fires; and
WHEREAS, the parties hereto have determined that the best possible method for attacking the
arson problem is an agreement establishing such cooperation; and
WHEREAS, the parties desire to enter into this Agreement to provide investigative cooperation
in connection with arson cases and other fires so long as they do not thereby incur any legal
responsibilities over and above the responsibilities presently required by law; and
WHEREAS, each party IS authorized to perform the servIces contemplated herein,
NOW THEREFORE, m consideration of the mutual covenants and the terms and conditions set
forth below, the parties do hereby agree as follows
1. PURPOSE
The partIes execute this Agreement for the purpose of providing cause and origin investigatIOn, arson
detection, and prevention capabIlItIes to each other as the need arises.
2. TASKFORCE
A
Each party shall provide a qualified representative to a body to be known as the Clallam
County Fire InvestigatIOn Task Force. The Task Force shall establish and adopt policies
and procedures which include the necessary levels of traming for participants
B.
When requested by a party, the other parties to this Agreement may provide available
members to investIgate and perform follow-through prosecution duties regarding fires of
suspicious origin or unknown causes within the requestmg jurisdiction. While engaged
in such activities, employees of the respondmg party shall be under the rules of the
requesting party and the direction and SuperviSIOn of the requesting party's officer in
charge of the investigation. The availability of ItS mvestigators shall be determined by
the party requested to respond.
C.
While any responding party investigator is in the servIce of the requesting party, he shall
be an investigator of the requesting member and be under the command of the
requesting party's fire chief ofthe fire chiefs designee, with all the powers of a regular
investigator ofthe requesting party, as fully as though he were within the territorial
limits of the governmental entity where he is regularly employed.
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D. In performing duties under this Agreement, each party will comply with all necessary
Federal, State and local laws, regulations and ordinances.
3. IMPLEMENTATION
A. Participating parties, through their designated officials, are authonzed to request and to
receive assistance from another participating party. Requests will be granted only if the
requesting party is committed to the investigation of the fire, and other resources are not
immediately available.
B. Requests for assistance may be verbal or in writing. If the request is made by other than
written communication, it shall be confirmed in writing as soon as practical. A written
request shall provide an itemization of equipment and personnel or other resources
needed. Each request shall be signed by an authorized official.
C. The activities of personnel and equipment of the aiding party must be coordinated by the
requesting party. Provided, personnel furnished shall retain their employment
relationship with their respective parties while assisting pursuant to this agreement, and
wIll in no event be deemed to be employees of the requesting party, or any other member
party of the Task Force, as a result of the existence of this Agreement.
D. An aiding party shall have the right to withdraw some or all of its personnel or
equipment whenever the personnel or equipment are needed by that party. Notice of
intention to withdraw shall be communicated to the requesting party as soon as possible.
4. GENERAL FISCAL PROVISIONS
A. Any party rendering aid pursuant to this Agreement shall not be reimbursed by the party
receiving such aid for any damage to, loss of, or expense incurred III the operation of any
eqUIpment used in responding to a request for aid, and for the costs incurred in
connection with such requests.
B. The party regularly employing the investigator shall pay all wages and disabilities
payments, pensions payments and payments for damages to equipment and clothing of
that investigator while he is involved III activities pursuant to this Agreement the same
as though the services had been rendered within the jurisdiction wherein the investigator
is regularly employed The requesting party shall have no oblIgation to reimburse the
responding party for such costs.
5. PRIVILEGES AND IMMUNITIES
A. Unless contrary to State statute, all privileges and immunities from liability, exemptions
from ordinances, rules, all pension, disability, workmen's compensation, and other
benefits which apply to the activity of officers, agents, or employees when performing
their respective functions within the territorial limits of their respective jurisdictions,
shall apply to them the same degree and extent while engaged in the performance of any
of their functions and duties extra-territorially under the provisions of this Agreement.
B. The requesting agency shall hold each responding agency harmless, as well as the
personnel thereof, with respect to the acts and omIssions of their respective agents and
employees which occur while providing assistance pursuant to this Agreement so long
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as the responding party is acting in good faith while under the direction of the
requesting party.
C. Upon enactment of this Agreement, and by January I annually thereafter, the
participating parties shall exchange with each other the names of the indiVIduals
designated to request and/or provide services under this Agreement. In accordance with
the cooperative nature of this Agreement, it shall be permissible and desirable for the
parties to exchange operational procedures to be followed in requesting assistance.
D. The parties hereto shall not amend this Agreement unless they do so in writing and with
the same formalities used in the original execution of this Agreement.
E This Agreement shall become effective as to each party on the date that the party
executes the Agreement.
F. This Agreement shall continue in force and remaining binding upon a party until it shall
send formal written notice of withdrawal from the Agreement to the appropriate official
of all other parties. An actual withdrawal shall not take effect until the thirtieth
consecutive day after the notice has been sent
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as follows:
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Chair, Distnct #3
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Chair, District #2 Fire'Commission
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Sheriff, C lam County
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APPROVED AS TO FORM:
ATTEST:
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