017-21 - Kitsap County Sheriff's Office - ContractRETURN TO:
KITSAP COUNTY TRAFFIC SAFETY TASK FORCE
c/o Kitsap County Sheriff's Office
614 Division, MS-37
PortOrchard, WA 98366
KC-065-21
INTERLOCAL AGREEMENT FOR MUTUAL AID AND
TRAFFIC SAFETY TASK FORCE
THIS INTERLOCAL AGREEMENT FOR MUTUAL AID AND TRAFFIC SAFETY TASK
FORCE ("Agreement") is made and entered between the Kitsap County Sheriffs Office
("KCSO") and the Bainbridge Island Police Department, Bremerton Police Department, Port
Orchard Police Department, Poulsbo Police Department and Suquamish Police Department
('Tribe" ), acting through the governing bodies of their respective jurisdictions, individually
referred to as a "participating agency" and collectively referred to as the "parties".
RECITALS
WHEREAS, the participating agencies, all law enforcement agencies in Kitsap County, desire to
cooperatively participate in a Kitsap County Traffic Safety Task Force ("Task Force") for the
purpose of providing mutual law enforcement assistance to target and apprehend individuals
committing traffic offenses, with an emphasis on driving under the influence, speeding, occupant
)rotection, distracted driving, and underage drinking.
WHEREAS, multi -agency participation in the Task Force is possible by virtue of the Washington
Mutual Aid Peace Officer Powers Act set forth in Chapter 10.93 RCW and the Interlocal
Cooperation Act set forth in Chapter 39.34 RCW.
WHEREAS, parties desire to execute this Agreement to memorialize the terms and conditions of
Task Force participation.
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by
reference, and mutual promises and covenants, the parties agree as follows:
DEFINITIONS
A. "Enforcement Committee" means the Traffic Safety Task Force Enforcement
Committee.
B. "General Authority Washington peace officer" shall have the meaning as defined in
RCW 10,93.020(3).
C. "Hosting agency," means the participating agency located in the jurisdiction in which
Task Force duties are then being performed.
D. "Hosting agency supervisor" means the hosting agency's assigned Task Force
supervisor(s) or designee(s).
E. "Participating agency," or "primary commissioning agency" shall have the same
meaning as "primary commissioning agency" is defined in RCW 10.93.020(g).
F. "Specially Commissioned Washington peace officer" shall have the meaning as
defined in RCW 10.93.020(5).
2. PURPOSE. The purpose of this Agreement is to provide for the joint and cooperative
undertaking of the parties to establish, implement, and manage the Traffic Safety Task
Force emphasis patrol committed to traffic safety, including the prevention of alcohol and
other drug -impaired driving, underage drinking, speeding, distracted driving, and occupant
protection offenses through coordinated, multi -agency deterrence, and define
responsibilities as contemplated by RCW 39.34.030,
3. ORGANIZATION. No separate legal or• administrative entity is created by this Agreement
nor do the parties intend to create through this Agreement a separate legal or administrative
entity subject to suit.
4, ADMINISTRATION, This Agreement shall be administered by the Traffic Safety Task
Force Enforcement Committee, which is an administrative board comprised of the Kitsap
County Sheriff and the Chiefs of Police for the cities of Bainbridge, Bremerton, Port
Orchard, Poulsbo and Suquamish or their respective designees. No participating agency is
intending to assume responsibility or liability for the actions, or failures to act, of another
participating agency and/or its respective officers, employees, and agents.
4, SCOPE. The parties to this Agreement will each provide law enforcement personnel for
Task Force emphasis operations within targeted areas as set forth in Attachment A, Traffic
Safety Task Force Emphasis Patrol Operational Guidelines, which is incorporated herein
by reference. The areas selected for targeted emphasis operations and patrol will be
determined by the Enforcement Committee.
5. EFFECTIVE DATE, DURATION, FILING. This Agreement shall become effective on
January 1, 2021 and remain in effect for five (5) years, unless terminated or extended. Prior
to its entry into force, this Agreement shall be filed with the Kitsap County Auditor's Office
or, alternatively, listed by subject on the web site or other electronically retrievable public
source in compliance with RCW 39.34.040.
6, TERMINATION. Any participating agency may terminate its participation under this
Agreement by providing 90 days' prior written notice to the other parties. The termination
of a participating agency will not automatically result in the dissolution of the Task Force.
A terminated participating agency assumes no responsibility for the acts or omissions
occurring after the effective termination date but shall remain liable for acts or omissions
occurring prior to the effective date of termination. The Task Force may be dissolved in its
entirety by unanimous agreement of all parties,
8. OPERATIONS. When Task Force emphasis operations are scheduled, the operations shall
be coordinated by an employee holding a rank of sergeant or higher from the scheduled
hosting agency. Unless an action taken by an individual assigned to participate in the Task
Force activities can be directly attributed to the direction and control of the hosting
agency's supervisor, all actions by the individual will be considered actions by that
individual, acting under the direction and control of that individual's primary
commissioning agency according to its policies and procedures, No allocation of liability
to the other participating agencies is otherwise intended by this Agreement, It is
anticipated, but not required, that infractions and citations are to be written into the hosting
agency's municipal court when emphasis patrols are held in the City of Bainbridge Island,
Bremerton, Port Orchard or Poulsbo,
10. USE AND ACQUISITION OF PROPERTY, Each participating agency shall be
responsible for acquiring all property that the participating agency needs for Task Force
participation during the term of this Agreement. The parties do not anticipate the joint
acquisition of property for the performance of this Agreement and any property acquired
by a participating agency for the purposes of effectuating the terms of this Agreement shall
remain the property of the acquiring participating agency.
11. TASK FORCE COORDINATION
A. The Task Force Coordinator• shall be responsible for• coordinating Task Force related
communications between all participating agencies for Task Force activities. The Task
Force Coordinator is an employee of KCSO and funding for this position will be the
sole responsibility of Kitsap County. The coordination provided by KCSO shall not be
considered an allocation of liability to Kitsap County under RCW 10.93.040 for any
purpose whatsoever.
B. Each participating agency will pay an annual contribution to KCSO to be used for the
COS t of providing the Task Force Coordinator. The amounts are as follows: Bremerton
Police Department ($3,000), Bainbridge Island Police Department ($2,500), Port
Orchard Police Department ($2,500), Poulsbo Police Department ($2,500) and
Suquamish Police Department ($2,500). In return, the Task Force Coordinator will
assist in finding additional funding for traffic safety campaigns and equipment.
Funding for overtime will be available through a grant from the Washington Traffic
Safety Commission.
12, INDEPENDENT CAPACITY
A. Each participating agency and its respective employees or agents shall continue to be
the employees or• agents of the primary commissioning agency which shall be solely
and exclusively responsible for that employee or agent and shall not be considered for
any purpose whatsoever to be employees or agents of the other patties this Agreement,
No participating agency shall have the authority to bind another participating agency
nor control the employees, agents, or contractors of another participating agency to this
Agreement. All rights, duties and obligations of the employer shall remain with the
primary commissioning Agency, Each participating agency agrees to indemnify,
defend, and hold harmless the other parties in any action arising from or related to the
negligence of its own employees, including all costs of defense and attorney's fees.
B. Each participating agency shall be solely and exclusively responsible for• the
compensation, salary, benefits, training, training expenses, equipment, and all other
costs, including without limitation, worker's compensation and other expenses for its
employees participating in Task Force activities, sworn and unworn. Each
participating agency will be responsible for ensuring compliance with all applicable
laws, collective bargaining agreements, and civil service rules and regulations
regarding its own employees.
13. MUTUAL AID, CONSENT. The KCSO Sheriff and Chiefs of Police, for each
participating agency executing this Agreement, consent to the full exercise of peace officer
powers and authority by each participating agency's general authority Washington peace
officers and specially commissioned Washington peace officers assigned by the primary
commissioning agency to participate in the Task Force, when the assigned peace officer is
engaging in Task Force activities. This consent is limited to the scope of authority granted
by the primary commissioning agency to its Task Force participants. This grant of authority
shall remain valid for the term of this Agreement unless revoked in writing. This grant of
authority is not intended to reallocate the responsibility of the primary commissioning
agency for the acts or omissions of their respective officers under RCW 10.93.040. This
Agreement shall not be construed in any manner that would limit the parties' authority or
powers under law.
13. INDEMNIFICATION AND LIMITATION OF LIABILITY
A, Each participating agency shall indemnify, defend, and hold harmless the other• parties,
and the other• parties' officers, employees, and agents fiom any and all allegations,
complaints, losses, claims, damages, attorneys' fees, or costs for wrongful and/or
negligent acts or omissions of the participating agency and/or its officers, employees,
or agents relating to or arising out of Task Force activities. In the case of allegations,
complaints, losses, claims, damages, attorneys' fees, or costs against more than one
participating agency, any damages allowed shall be levied in proportion to the
percentage of fault attributable to each, and each participating agency shall have the
right to seek contribution from each of the other participating agencies in proportion to
the percentage of fault attributable to each of the other parties. The parties shall
cooperate and jointly defend any such matter to the fullest extent allowed by law,
B. A participating agency reserves the right, but shall have no obligation, to participate in
the defense of any claim, damages, losses or expenses and such participation shall not
constitute a waiver of the participating agency's indemnity obligations under this
Agreement.
C. Nothing in this Agreement shall require or be interpreted to;
1. Waive any defense arising out of RCW Title 51.
2. Limit the ability of any participating agency or its officials, officers or employees
from exercising any right, defense or remedy which a participating agency to a
lawsuit may have with respect to claims or third parties, including any good faith
attempts to seek dismissal of legal claims against a participating agency by any
proper means allowed under the civil rules in either state or federal court.
3. Cover or require indemnification for intentional wrongful conduct, conduct outside
the scope of employment of any individual or for any judgment for punitive
damages against any individual or participating agency. Payment of punitive
damage awards, fines or sanctions shall be the sole responsibility of the individual
against whom such a judgment is tendered and/or his/her employer, should that
employer elect to make payment voluntarily. This Agreement does not require
indemnification of any punitive damage awards or for any order imposing fines or
sanctions.
14. INSURANCE• Each participating agency will maintain sufficient insurance coverage to
cover any and all hazards, damages, costs, and liabilities associated with the Task Force
activities, which shall at minimum include the following coverage:
A. General Liability insurance with minimum combined single limits of one million
dollars ($1,000,000) per occurrence and one million dollars ($1,000,000) aggregate.
The policy will be applicable to all premises and operations. The policy will include
coverage for bodily injury, broad form property damage (including completed
operations), personal injury (including coverage for contractual and employee acts),
blanket contractual, independent contractors, products, and completed operations. The
policy shall not contain any exclusions which relate to or arise out of the Program
activities under this Agreement, The policy will contain a severability of interests'
provision.
B. Automobile Liability insurance with minimum combined single limits for bodily injury
and property damage of not less than one million dollars ($1,000,000) each occurrence
with respect to each of the party's owned, hired, and non -owned vehicles. The policy
will contain a severability of interests' provision.
C. Workers' Compensation Insurance in compliance with RCW 51.12.020, or the
equivalent, which requires subject employers to provide workers' compensation
coverage for all their subject workers and Employer's Liability or Stop Gap Insurance
in the amount of $1,000,000.
15. NOTICE. All notices under this Agreement may be delivered or mailed to Sheriff or Chiefs
of Police of the other participating agencies. All notices mailed by regular post (including
first class) shall be deemed to have been given on the second business day following the
date of mailing, if properly mailed and addressed. Notices sent by certified or registered
mail shall be deemed to have been given on the day following the date of mailing, if
properly mailed and addressed. For all types of mail, the postmark affixed by the United
States Postal Service shall be conclusive evidence of the date of mailing.
16. NONDISCRIMINATION. The parties shall not discriminate against any person on the
basis of race, color, creed, religion, national origin, age, sex, marital status, sexual
orientation, veteran status, disability, or other circumstance prohibited by federal, state, or
local law, and shall comply with Title VI of the Civil Rights Act of 1964, P.L. 88-354 and
Americans with Disabilities Act of 1990 in the performance of this Agreement.
17. GOVERNING LAW, JURISDICTION, VENUE, WAIVER
A. This Agreement shall be governed by the laws of the State of Washington. Each
participating agency consents to the personal jurisdiction of the Superior Court of the
State of Washington for all participating agency claims, disputes, proceedings, or
actions arising out of or relating to this Agreement. Venue for any such claim shall be
exclusively in the Kitsap County Superior Court, The Tribe hereby expressly grants a
limited waiver of sovereign immunity to suit solely for the purposes of this provision.
The Tribe will neither direct nor authorize their respective insurers to raise defenses of
sovereign immunity or treaty rights on behalf of the Tribe for participating agency
claims authorized by this provision.
B. Nothing in this Agreement shall be construed to authorize any suit, execution,
attachment, or judicial process against the persons or property of the Tribe or any of
its officers, agents, or employees, or against the Tribal Council or any member thereof,
other than as specifically provided herein. In no event shall this Agreement be
construed to authorize attachment, execution or other judicial process against real
property of the Tribe, any property held in trust by the United States or subject to
a restriction against alienation imposed by federal law, or any funds held by or on
behalf of the Tribe and derived from federal or state grants or contracts.
19. HEADINGS. Headings of this Agreement are for• convenience only and shall not affect the
interpretation of this Agreement.
20. COMPLIANCE WITH LAWS, The parties shall comply with all applicable laws, rules
and regulations pertaining to them in connection with the Services provided and matters
covered in the Agreement, including but not limited to applicable regulations of the
Washington Department of Labor and Industries, including WA-DOSH Safety
Regulations; all relevant state and federal workplace safety requirements.
21. SURVIVAL, Those provisions of this Agreement that by their sense and purpose should
survive expiration or termination of the Agreement shall so survive. Those provisions
include, without limitation, the respective responsibilities and authority of each
participating agency , indemnification, insurance, and governing law, jurisdiction, venue,
and waiver.
22. NO THIRD -PARTY BENEFICIARY. This Agreement is intended to be solely between
the parties. No part of this Agreement shall be construed to add, supplement, or amend
existing rights, benefits, or privileges of any third party, including without limitation,
employees of any participating agency.
23. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the
participating agencies and supersedes all prior or simultaneous representations,
discussions, negotiations, and agreements, whether written or oral, within the scope of this
Agreement.
24. SEVERABILITY. The provisions of this Agreement are severable. Any term or condition
of this Agreement or application thereof deemed to be illegal, invalid or unenforceable, in
whole or in part, shall not affect any other term or condition of the Agreement and the
parties' rights and obligations will be construed and enforced as if the Agreement did not
contain that particular provision,
25. AMENDMENT. This Agreement may be amended or modified as deemed appropriate by
the parties, provided, any such amendment shall not become effective unless written and
signed by all parties with the same formality as this Agreement,
26• ASSIGNMENT. The rights, authority, or obligations under this Agreement, and any claims
arising thereunder, are not assignable or delegable by any participating agency.
27. PUBLIC RECORDS. To the extent any record, including any electronic, audio, video,
paper, or other media, is required to be kept or indexed as a public record in accordance
with the Washington Public Records Act, Chapter 42.56 RCW. Each participating agency
agrees to maintain all records constituting public records and to produce or assist the other
parties in producing such records, within the time frames and parameters set forth in state
law.
29. COUNTERPARTS. This Agreement may be executed in any number of counterparts, all
such counterparts shall be deemed to constitute one and the same instrument, with each
counterpart deemed an original.
30. AUTHORIZATION. Any authorizations, actions required, or permitted to be taken, and
any document required or permitted to be executed under this Agreement will be taken
or executed only by a duly authorized representative of the participating agency. Each
participating agency warrants and represents to the other parties that the person
signing below has been properly authorized and empowered to execute this Agreement
on behalf of the participating agency for whom they sign and, if applicable, to waive
sovereign immunity as required by this Agreement.
Approved and executed thislE
HIIOAr COUNTY
ZN lvffi� 1 1
DATED this jL day of "CAeJ�A,P�� _, 2021.
ATTEST:
r� �
Approved and executed this 23rd day of February, 2021.
CITY OF BAINBRIDGE ISLAND
tit C/
F JOSEPH CLARK
Bainbridge Island Police Department
Approved this 4`h day of February, 2021.
ELLEN SCHROER, Interim City Manager
JOE LEAN, City Xttorney
DocuSign Envelope ID: 52774883-OE42-4716-B989-1F5727BDB871
Approved and executed thiszlst day of May 2021
CITY OF BREMFRTON
CDucuSlondd by
, Mt.S {f
CHIEF JAMES BURCHETT
Bremerton Police Department
21st
Approved this day of May 2021
CDo�usle�ea by
MAYOR GREG WHEELER
Bremerton, Washington
APPROVED AS TO FORM:
�D,o,,cusi8�ed by:
C e On62 a
ROGER LUBOVICH, City Attorney
ATTEST:
Dod�sle�da br:
C C41F v
)dEDSEDlEdfiCd1F..
ANGELA HOOVER, City Clerk
10
Approved and executed this 114 day of / (> 04:11 2020
CITY OF PORT ORCHARD
CHIEF MA 1- BROWN
Port Orchard Police Department
Approved this day of C. �i�iY � 2020
MAYOR ROB ,RT PUTAANSUU
Port Orchard, Washington
APPROVED AS TO FORM:
CHARLOTTE ARCHER, City Attorney
ATTEST:
BRANDY RINEAR5ON,
SEAL
11
Approved and executed Ihis Jay of 3030
CITY OIL POULSBO
(1III,P RON I IARI NO
Poulsbo Police Department /
Approved this daq of , 2U2U
MAYOR BBC}ptKY I RI( KSON
Poulsho. '.uflington
APPROVED AS TO POK�I:
T�mr s iiar�r4 , tit R44nr nv
ATTEST:
RI HANNON FERNANDEZ, CA11C'. City Clerk
12
ATTACHMENT A
TRAFFIC SAFETY TASK FORCE EMPHASIS PATROL
OPERATIONAL GUIDELINES
1. PURPOSE The Traffic Safety Task Force emphasis patrol is committed to traffic safety,
including the prevention of alcohol and other drug -impaired driving, underage drinking,
speeding, distracted driving, and occupant protection offenses through coordinated, multi -
agency deterrence.
2. OBJECTIVES. The objectives of the Traffic Safety Task Force emphasis patrol are to:
A, improve traffic safety in Kitsap County and reduce the incidence and prevalence of alcohol
and other drug -impaired driving, underage drinking, speeding, distracted driving, and
occupant protection offenses;
B. increase law enforcement presence in the community to maximum levels in targeted high
traffic, high DUI, and collision arrest areas based upon statistical analysis;
C. increase public attention on traffic safety;
D. focus media attention on traffic safety; and
E. enhance communication and cooperation among law enforcement agencies in Kitsap
County.
3. SELECTION OF TASK FORCE PARTICIPANTS
A, Each participating agency will be asked to provide at least one officer for each Task Force
emphasis patrol. Participating agencies with restricted jurisdiction will be asked to provide
an equivalent, alternative level of participation.
B. Each participating officer must be either a general authority Washington peace officer or a
specially commissioned Washington peace officer.
C. Specially commissioned Washington peace officers may not exceed the scope of the
special commissions granted by the primary commissioning agency when exercising their
law enforcement authority granted under the terms of the Agreement.
D. Participating agencies will be encouraged to assign highly -motivated officers who have
demonstrated an interest in traffic safety enforcement,
4. SUPERVISION
A. The hosting agency will be required to provide a first level supervisor for the patrol shift
for Task Force operations.
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B. The hosting agency supervisor will coordinate the briefing to be held prior to the beginning
of the patrol shift for Task Force emphasis operations, present area details and agency
concerns, and provide any associated paperwork, if necessary.
C. The hosting agency supervisor will work the entire patrol shift during the Task Force
emphasis operations and will have overall responsibility for the coordination of the
emphasis patrol.
D. The hosting agency supervisor will field all questions and complaints concerning the Task
Force emphasis patrol. All citizen complaints will be forwarded to the primary
commissioning agency of the peace officer involved in the complaint.
E. The hosting agency supervisor will have the authority to return an officer to his/her agency
as a result of inappropriate behavior.N In such an event, the hosting agency supervisor shall
ensure that a written report of the incident will be promptly forwarded to the primary
commissioning agency.
F. Officers assigned to the Task Force emphasis patrol will be expected to follow their
primary commissioning agency's policies with regard to use of force, pursuit and arrest
procedures, and all other matters of professional conduct. However, officers will also be
expected to follow the direction of the hosting agency supervisor.
5. OFFICER RESPONSIBILITY
A. Task Force officers will work their assigned areas according to the guidelines provided by
the hosting agency supervisor, focusing on detection and apprehension of impaired drivers,
and the enforcement of underage drinking, speeding distracted driving, and occupant
protection statutes.
B. When a DUI arrest is made, the arrestee will be taken to the nearest participating BAC
facility for processing or to the Kitsap County Jail. Officers will follow the specific
guidelines offered at briefings before each emphasis patrol as to specifically targeted areas,
such as occupant protection, traffic safety emphasis patrols.
C. Task Force officers will follow their primary commissioning agency guidelines for report
writing with the reports filed in the jurisdiction of arrest, unless otherwise required by the
Task Force officer's primary commissioning agency.
D. At the end of each Task Force emphasis patrol shift, each officer will provide the Task
Force coordinator with an account of his/her activity for that shift using the activity log
form provided.
E. Task Force emphasis patrol officers will be expected to provide back-up and cover for one
another while participating in Task Force activities.
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F. Task Force officers will respond to traffic collisions to provide assistance and traffic
control. If a collision is alcohol -related, the officer will investigate and make arrests or
issue citations as appropriate. If alcohol is not involved, investigation instead be handled
by the appropriate regular duty officer(s) for that jurisdiction.
G. Coffee and lunch breaks will be provided; however, these breaks will be restricted to no
more than two marked units together at one time.
H. If citizens inquire as to the presence of an outside agency officer in the emphasis area,
officers will explain their role in the Traffic Safety Task Force Emphasis Patrol,
6, TARGET AREAS AND DEPLOYMENT
A. The emphasis patrol will be assigned to target areas based on intelligence information from
participating agencies, DUI arrest and collision data, occupant protection surveys, and
discussions of the Enforcement Committee.
B, The target areas will be assigned by rotation so that each participating agency's jurisdiction
is included in the enforcement rotation unless a higher priority target is identified by the
Enforcement Committee.
C. The hosting agency supervisor will coordinate the deployment of Task Force officers
assigned to the emphasis patrol. Each officer will be provided with a map of the target area
and briefing information.
7. COMMUNICATIONS
A. All Task Force emphasis patrol communications will be on a frequency as agreed upon by
Kitsap 911 and the Task Force Supervisor.
B. Requests for data or impound will be made through the appropriate dispatch agency.
8. GENERAL POLICIES
1. No DUI arrestee will be released to their own custody. Arrestee not booked into jail, are
only be released to a responsible, sober person or transported home.
2. DUI arrestees who are combative or otherwise uncooperative will be taken to the Kitsap
County jail. Booking of such arrestees will be left to the discretion of the officer's primary
commissioning agency policies.
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