003-02 - Kitsap Fire District #7 - Contract200206100182
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H/l 2002 01:33P
After record/i_ng r rn to:
FIRE DISTRICT 7 AGMT $15.00 Kitsap Co, WA
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INTERLOCAL AGREEMENT BETWEEN
KITSAP FIRE DISTRICT #7 & CITY OF PORT ORCHARD
REGARDING
CHAPLAIN SERVICES TO CITY POLICE DEPARTMENT
Summary for Recorder's Use:
1. Reference Number of documents
being assigned or released: Not Applicable
2. Grantors:
1. KITSAP COUNTY FIRE PROTECTION DISTRICT NO. 7
2. CITY OF PORT ORCHARD
3. Grantee: Public
4. Legal Description: Not Applicable
5. Assessor's Property Tax Parcel Account Numbers: Not Applicable
This Agreement is entered into this 28ttlay of May , 2002, between
KITSAP COUNTY FIRE PROTECTION DISTRICT NO. 7, a Washington municipal
corporation, hereinafter referred to as "DISTRICT 7", and the CITY OF PORT ORCHARD, a
Washington municipal corporation, hereinafter referred to as "CITY". Herein, DISTRICT 7 and
the CITY shall also be generically referred to collectively as "parties", or singularly as "party".
Washington State's Interlocal Cooperation Act, RCW, Chapter 39.34, encourages local
government units to enter into agreements with one another on a basis of mutual advantage in
order to make the most efficient use of their resources for the benefit of their respective
constituents.
Previously, District 7 established a chaplains program whereby it recruited area faith
based ministers to provide counseling on a volunteer basis to those of its community members
and employees in need of counseling due to the loss created by fires and other emergency events.
The City's police department (hereinafter "police department") has contacted District 7
regarding the possibility of having District 7 manage a chaplain program for the police
department whereby area faith based chaplains, on a volunteer basis, would provide counseling
in police department response cases to members of the City's citizens involving areas for which
counseling might be appropriate such as cases involving alcoholism, death, depression, family
disputes, mental illness, the elderly, juveniles, victims of crime and loss, and victims' families.
A secondary purpose of this counseling program would be to provide counseling to police
department employees regarding personal matters. District 7 has agreed to administer this
INTERLOCAL AGREEMENT REGARDING
CITY'S USE OF DISTRICT 7 CHAPLAIN'S PROGRAM Page 1 of 7 5/16/02
program for the police department pursuant to the terms of this Agreement.
The purpose of this Agreement is to set forth the detailed agreement of the parties
regarding the matters contained herein in writing.
NOW, THEREFORE, in consideration of the foregoing recitals, and the
promises and covenants of the parties hereinafter set forth, they agree as follows:
1. Establishment of Chaplain Program for City. District 7 shall establish and be
solely responsible for managing a chaplain's program for use by the police department.
Selection of the chaplains and development of policies and procedures regarding the program
shall be the sole responsibility of District 7.
2. Financial Considerations. The Interlocal Cooperation Act requires that the parties
establish how their joint undertaking established through the Interlocal Cooperation Act shall be
financed and what budget(s), if any, will be maintained therefore. In answer to that statutory
directive, each party shall be solely responsible for its own costs incurred in carrying out the
terms of this Agreement except as otherwise specifically set forth herein; no joint financial
accounts or arrangements shall be established. Also, no joint budget shall be maintained
regarding carrying out the terms of this Agreement; each party shall make adequate provision in
its own budget for carrying out all its obligations hereunder.
3. Management of Chaplains Program for Police Department. The parties will not
establish any separate legal or administrative entity to manage the duties of each under this
Agreement. District 7 shall be solely responsible for managing the implementation of the
chaplain's program for the police department and each party shall have designated at all times a
representative ("liaison employee") to deal with the other in administering this Agreement.
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4. Police Department Duties. The police department shall comply with the following o
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duties and obligations in making use of this chaplain's program:
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A. District 7 Program Rules. All police officers making use of the chaplain's o
program offered hereby shall become familiar with the City's policies and rules regarding this N
program, and the policy and rules established now and in the future by District 7 regarding this
program.
B. Safe Scene. Prior to requesting a chaplain, the requesting police officer shall first
ensure the scene is safe for the chaplain to enter. The police officer in attendance shall not leave
the chaplain unattended at the scene until he or she first determines the scene is safe for the
chaplain to remain alone, and the chaplain consents to being left alone. The police department
shall take all reasonable steps to ensure the continuing safety at all times of the responding
chaplain.
INTERLOCAL AGREEMENT REGARDING ' o
CITY'S USE OF DISTRICT 7 CHAPLAIN'S PROGRAM Page 2 of 7 5/16/02
C. Safety Concerns. If the police officer, using his or her reasonable judgment and
training, determines the scene where the chaplain is present has become unsafe, or in all
likelihood will become unsafe, that police officer shall cause the chaplain to leave the scene for a
safe location, or the police officer shall remove the chaplain and person being counseled to a safe
location.
D. Police Department Liaison Representative. The police department's chief of
police shall designate an employee to serve as the police department's liaison representative to
District 7 regarding implementation of this agreement. The liaison shall be available, as need be,
on a regular basis to meet with District Ts representative(s) regarding implementation of this
Agreement and is hereby provided with all necessary and reasonable authority by the City to
make all decisions on behalf of the City regarding the interpretation, administration, and
implementation of this Agreement and all ancillary matters pertaining hereto.
E. Insurance coverage / Hold Harmless Provisions. When a chaplain is contacted
by the police department, and while acting therefore, that chaplain shall be afforded full coverage
by the City's liability insurance policies (the same coverage as if a police officer were so acting)
concerning any bodily harm or property damage that may occur to the attending chaplain, or any
bodily harm or property damage that may be caused by the attending chaplain, while fulfilling
his or her duties under the scope of this Agreement. This does not cover illegal acts that are
intentional, or excluded under the City's insurance coverages. All coverage and benefits will be
coordinated between the parties.
The City agrees to save and hold District 7, its employees, agents, and representatives
(including all chaplains serving hereby), harmless from any and all liability of every kind and
nature, including property damage and bodily injury and mental type injury, that may occur as a
result of District Ts actions or inactions, or the actions or inactions, of any chaplain, in carrying
out the provisions of this Agreement.
The City is not responsible, however, for any Chaplains individual negligent or
intentional acts unrelated to services or performance under this Agreement.
5. District 7 Duties. District 7 shall be responsible for the following:
A. Roster of Duty Chaplains. Providing a monthly roster of duty chaplains, with
the name of the lead chaplain, to the police department's Service Desk.
B. Chaplain Uniforms / Equipment. Providing each chaplain participating in this
program with the following: an identification card; District 7 uniform; District 7 badge; District 7
minitor; and pager.
INTERLOCAL AGREEMENT REGARDING
CITY'S USE OF DISTRICT 7 CHAPLAIN'S PROGRAM Page 3 of 7 5/16/02
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C. Rules and Policy. Providing a copy of all of District Ts pertinent rules and
policies regarding this program, and all updates as they occur, to the police department and to the
chaplains available for police department responses.
D. Police Supervision. Instructing all chaplains responding to police requests to act
only at the direction of the requesting police officer or other officer in charge of the scene and
not to interfere with any police officer in the performance of his or her duties.
E. District 7 Liaison Representative. District Ts fire chief shall designate an
employee to serve as District Ts liaison representative to the police department regarding
implementation of this agreement. The liaison shall be available, as need be, on a regular basis
to meet with the police department representative(s) regarding implementation of this Agreement
and is hereby provided with all necessary and reasonable authority by District 7 to make all
decisions on behalf of District 7 regarding the interpretation, administration, and implementation
of this Agreement and all ancillary matters pertaining hereto.
6. Acquiring, Holding, & Disposing of Jointly Acquired Property. The Interlocal
Cooperation Act requires that the parties establish how property will be acquired, held, and
ultimately disposed of. In carrying out the terms of this Agreement no property will be jointly
purchased or managed.
7. Cooperation / Disputes. These parties shall strive to cooperate with one another in
all reasonable respects and at all reasonable times so the terms and spirit of this Agreement may
be fully implemented for the benefit of both parties.
The parties, through their representatives identified herein, shall meet on an as needed
basis, and as requested by the other party's representative, from time to time, to discuss and
attempt resolution of any areas of concern that might arise in the implementation of this program
for the police department. The resolution of any substantive issues shall be reduced to written
memorandums of understanding and signed by the representative for each party.
If any disputes arise between the parties regarding this Agreement and its implementation
and/or interpretation that are not quickly resolved, each party shall take all necessary steps in
good faith to settle all such disputes in a timely and reasonable manner at the lowest possible
level, with each being mindful and reasonably accommodating of the interests and concerns of
the other party.
8. Duration / Termination / Notices. This Agreement shall remain in effect indefinitely
until terminated by either party according to the provisions of this section. It may be terminated
by either party, by the terminating party submitting written notice to the other party of its intent
to terminate this Agreement at least 20 days prior to the termination date, which termination date
shall be set forth in the notice and occur on the last day the month stated therein. PROVIDED,
INTERLOCAL AGREEMENT REGARDING
CITY'S USE OF DISTRICT 7 CHAPLAIN'S PROGRAM Page 4 of 7 5/16/02
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HOWEVER, if termination is sought because of bona fide safety concerns, the termination may
occur immediately with the tendering of the notice.
For purposes of receiving written notices under this Agreement from each other, the
contact liaison person for each and address for submitting notices to the other is as follows for
District 7,
KITSAP COUNTY FIRE PROTECTION DISTRICT NO.7
c/o ASSISTANT CHIEF WAYNE SENTER
P.O. Box 1517
Port Orchard, WA. 98366
Phone: 360-871-2411
and as follows for the police department,
CITY OF PORT ORCHARD POLICE DEPARTMENT
c/o CHIEF ALAN L. TOWNSEND
546 Bay St.
Port Orchard, WA. 98366
Phone: 360-876-1700
If the name or address of the contact/liaison person for either party ever changes, that
party shall promptly notify the other party of its new contact/liaison person and/or address for the
receipt of notices. All notices hereunder shall be deemed delivered to the receiving party two
business days after being deposited for mailing at a U.S. mail postal drop.
9. Complete Agreement. This Agreement constitutes the full and complete agreement
of the parties as to the matters contained herein. No other verbal or prior written understandings
shall be provided with any legal effect whatsoever. Any amendments hereto shall be in writing
and signed by both parties.
10. Approval of Parties. DISTRICT Ts governing body duly considered and entered
into this Agreement at its regularly scheduled public meeting held on the '7-,3 day of
2002 and authorized the individuals signing this Agreement hereafter to sign
the same on its behalf. The CITY's governing body duly considered and entered into this
Agreement at its regularly scheduled public meeting held on the 28t1day of May ,
2002 and authorized the individuals signing this Agreement hereafter to sign the same on its
behalf.
11. Agreement to be Filed with County Auditor. Pursuant to RCW 39.34.040, this
interlocal agreement shall be filed with the Kitsap County Auditor by DISTRICT 7 as soon as
reasonably practical after both parties have duly executed it. The filing party shall thereafter
provide a fully conformed filed copy hereof to the other party.
INTERLOCAL AGREEMENT REGARDING
CITY'S USE OF DISTRICT 7 CHAPLAIN'S PROGRAM Page 5 of 7 5/16/02
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KITSAP COUNTY FIRE PROTECTION DISTRICT NO.7
by: • 7 . 7�! �
RICK METZG , Board Chairperson
KE BYAWN, Fire Chief
by:
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RICK GROSS, Secretary
CITY OF PORT ORCHARD
by;
LESLIE J. WEATHERILL, Mayor
Attest:
by:
PATRICIA PARKS, Clerk
INTERLOCAL AGREEMENT REGARDING
CITY'S USE OF DISTRICT 7 CHAPLAIN'S PROGRAM
Date of Signing:Z-
Date of Signing:
Date of Signing: S 23 b Z
Date of Signing:
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Date of Signing: %--cAS-Oa
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FIRE DISTRICT 7 RGMT 815.00 Kitsap Co, WA
Page 6 of 7 5/16/02
STATE OF WASHINGTON )
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COUNTY OF KITSAP )
DISTRICT 7 Acknowledgment
I certify that I know or have satisfactory evidence that RICK METZGER, MIKE
BROWN, and RICK GROSS, are the persons who appeared before me and said persons
acknowledged they signed this instrument and acknowledged it to be their free and voluntary act
for the uses and purposes mentioned therein on behalf of KITSAP COUNTY FIRE
PRnTF.CTTON T)TSTRTCT NO. 7
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STATE OF WASHINGTON )
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COUNTY OF KITSAP )
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Print Name: r1 4 C asco n)v
NOTARY PUBLIC in and for the State of
My Commission Expires: a- I I;)- 1 0 3
CITY Acknowledgment
I certify that I know or have satisfactory evidence that LESLIE J. WEATHERILL and
PATRICIA PARKS, are the persons who appeared before me and said persons acknowledged
they signed this instrument and acknowledged it to be their free and voluntary act for the uses
and purposes mentioned therein on behalf of CITY OF PORT ORCHARD
Dated: %.:5%p S- 6 a
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Print Name:
NOTARY PUBLIC in and for the State of
My Commiss n Expires: gl 1-7 /6�
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INTERLOCAL AGREEMENT REGARDING
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