005-07 - Kitsap County and Various Agencies - ContractINTERLOCAL AGREEMENT
REGARDING WATERBORNE INCIDENTS IN KITSAP COUNTY
AMONG
1. BAINBRIDGE ISLAND FIRE DEPARTMENT;
2. BREMERTON FIRE DEPARTMENT;
3. CENTRAL KITSAP FIRE AND RESCUE;
4. NORTH KITSAP FIRE AND RESCUE;
5. POULSBO FIRE DEPARTMENT;
6. SOUTH KITSAP FIRE AND RESCUE;
7. BAINBRIDGE ISLAND POLICE DEPARTMENT;
8. KITSAP COUNTY SHERIFF'S OFFICE;
9. PORT GAMBLE/S'KLALLAM TRIBAL POLICE;
10. PORT ORCHARD POLICE DEPARTMENT;
11. POULSBO POLICE DEPARTMENT; AND
12. SUQUAMISH TRIBAL POLICE DEPARTMENT
THIS INTERLOCAL AGREEMENT ("Agreement") is entered into among:
Bainbridge Island Police Department, Kitsap County Sheriff's Office, Port Orchard
Police Department, and Poulsbo Police Department, (hereafter collectively referred to as
"Law Agencies"); and Bainbridge Island Fire Department, Bremerton Fire Department,
Central Kitsap Fire and Rescue, North Kitsap Fire and Rescue, Poulsbo Fire Department,
South Kitsap Fire and Rescue, (hereafter collectively referred to as "Fire Agencies"); and
Port Gamble/S'Klallam Tribal Police, and Suquamish Tribal Police (hereafter
collectively referred to as "Tribal Agencies"). All parties will also be collectively
referred to generically as "Agencies" or "Parties", or singularly as "Agency" or "Party.
Washington State's Interlocal Cooperation Act, RCW, Chapter 39.34, encourages
governmental 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. It is acknowledged that some of the parties to this Agreement are
governed by federal law, and to the extent federal law may be in conflict with
Washington's Interlocal Cooperation Act, the provisions of federal law shall control.
Kitsap County has large expanses of salt water bodies of water and salt water
coast lines (hereinafter also simply referred to as "Response Area"). The Response Area
encompasses Hood Canal, Sinclair Inlet, Port Washington Narrows, Port Orchard
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Narrows, Rich Passage, Dyes Inlet, Liberty Bay, Port Gamble Bay, and all navigable
waters in or bordering Kitsap County, and those immediately adjacent to Naval Base
Kitsap at Bangor and Puget Sound Naval Shipyard, all as illustrated on "EXHIBIT A",
which by this reference is incorporated herein and made a part hereof.
Among the Agencies, the responsibility for responding to waterborne
emergencies (also herein referred to as "Incident" or "Incidents") at any portion of the
Response Area rests with the Agency within whose jurisdictional boundaries the Incident
occurs. Often, when a waterborne emergency occurs, it is difficult to determine exactly
which Agency has the responsibility to respond because jurisdictional boundaries on the
water are not as distinct as on the land, and often, the Agency best suited to respond is not
the Agency having jurisdictional responsibility for that portion of the Response Area
where the Incident occurs.
It is a common occurrence for emergency response agencies to call on one
another for assistance under a general program called "automatic/mutual aid". It occurs
daily on the land, and whenever practical on the water. On land, some of the requests
from one agency to another are automatically dispatched so the agency best able to
respond, regardless of jurisdictional responsibility, is dispatched.
It is the goal of this Agreement to establish automatic/mutual aid type
cooperation among the Agencies, whereby the Agency closest to an Incident, and best
able to initially respond, will be automatically dispatched to respond to that particular
Incident. The Agency in whose jurisdiction the Incident occurred, however, would be
responsible to coordinate and handle that portion of the response lasting beyond the first
several hours. It is hoped this arrangement will increase the efficiencies and
effectiveness of emergency responses to Incidents on the waters of Puget Sound located
within and bordering Kitsap County. It is not the intent of this Agreement, however, to
create a mutual aid agreement dealing only with substantial disasters as authorized in
RCW 38.52.091, or to abrogate, supersede, or alter any other mutual aid agreement
among the Agencies or any of them.
At present, dealing with waterborne emergencies represents a small portion of
the services provided by each Agency. Economies of scale, and greater efficiencies,
could therefore be achieved if all Agencies work together to address and respond to such
emergencies by dispatching the Agency best able to respond regardless of which Agency
has primary jurisdictional responsibility.
The United States Coast Guard (USCG) is the primary rescue organization for
the navigable waters of Puget Sound. It is the goal of this Agreement to have the Fire
Agencies, the Law Agencies, and the Tribal Agencies support each other in responding to
those Incidents the USCG cannot timely respond to or those Incidents the USCG does not
typically respond to, with available personnel and resources according to the provisions
of this Agreement.
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NOW THEREFORE, based on the foregoing recitals, and the promises and
covenants of the parties hereinafter set forth, they agree as follows:
1. Effective Date. This Agreement shall be effective when a minimum of
eight of the named Agencies have signed it, and shall remain in effect until canceled as
hereinafter set forth. The additional Agencies named herein who do not initially sign it,
shall become a part of the Agreement at such time when they execute it. Upon execution
of the Agreement by an Agency, it shall send an original of its signature page to
CENTRAL KITSAP FIRE & RESCUE, so that Agency may assemble and monitor an
original of the executed Agreement. CENTRAL KITSAP FIRE & RESCUE shall keep
all member Agencies appraised on an ongoing basis of the identities of the Agencies
participating in this Agreement. An Agency may also terminate its participation under
this Agreement, and as a result, have this Agreement terminate as to that Agency without
causing termination of the Agreement as to the other Agencies as hereinafter set forth.
2. Responsibilities: Each Fire Agency, Law Agency, and Tribal Agency
shall:
(1) Assist any Agency, upon request and as practicable, by providing
available resources and personnel on a case -by -case basis. Requests shall be directed to
CENCOM verbally, or as established by pre -determined response lists for automatic
dispatch to waterborne support Incidents as agreed to in writing by the involved
Agencies;
(2) Be responsible to coordinate and conclude any "long term"
Incident response work in its jurisdictional waters that last beyond the initial several
hours of response time. For example, such long term work might involve dealing with
the aftermath of an oil spill or ongoing search and rescue efforts;
(3) Inform the requesting Agency immediately if, for any reason,
assistance cannot be rendered; and
(3) Maintain operational control over its respective units (personnel
and equipment) during any response, including the right to withdraw units committed to a
waterborne Incident at any time.
3. Response Determination. Although each Agency shall strive to aid a
requesting Agency in responding to an Incident, an Agency requested to respond into
another Agency's jurisdictional response area shall make the determination, at any given
time, and in its sole discretion, as to whether it possesses sufficient personnel and
equipment to make the requested response without significantly jeopardizing its response
obligations within its own jurisdictional area. Further, if an Agency does respond to an
Incident in another Agency's jurisdictional response area, and if during that response,
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circumstances warrant termination of its response because of response needs in its own
jurisdictional response area, it shall have the right to terminate its said response prior to
resolution of the Incident. Any time an Agency requested to respond to an Incident in
another Agency's jurisdictional response area determines it will be unable to make the
response, or determines a response effort must be terminated prior to completion, it shall
so notify the requesting Agency as soon as reasonably possible after determining it
cannot respond or that its response must be terminated prior to completion.
4. No Reimbursement. All response aid described in this Agreement shall
be provided on a non -reimbursable basis unless prior written agreement is obtained from
the pertinent Agencies involved. Unless allowed in a separate written agreement
executed by the pertinent Agencies, all Agencies hereby release and waive all claims
against every other Agency, including that Agency's principals, agents, and employees,
for compensation of any kind or nature regarding all services rendered (including all
labor, fuel, materials and equipment involved) to the other as herein described.
5. Review. This Agreement shall be reviewed annually by each Agency to
evaluate: its effectiveness; what modifications might be warranted; and to determine if it
is in that Agency's best interests to continue as a participant. If an Agency determines
Agreement modifications are warranted, it shall notify all other Agency's in writing of
the modifications its seeks and the reasons therefore. The Agencies shall then work
together in a cooperative effort to determine if this Agreement should be modified.
6. Cooperation / Disputes. The Agencies 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 all Agencies and their
constituents.
If any disputes arise among any Agencies regarding this Agreement and its
implementation and/or interpretation, they shall both strive 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
Agencies involved in the dispute.
7. Indemnification / Hold Harmless Provisions. Each Agency ("acting
Agency") shall hold every other Agency ("non -acting Agency") harmless, and indemnify,
and defend the non -acting Agencies, including their elected officials, officers, employees,
and agents, from and against any and all suits, actions, claims, liability, damages,
judgments, costs and expenses (including reasonable attorney's fees and costs) which
result from or arise out of the acting Agency's sole negligence in connection with or
incidental to the performance or non-performance of its response activities pursuant to
this Agreement.
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In the event more than one Agency is negligent in the performance or non-
performance of its activities hereunder, each negligent Agency shall be liable for its
contributory share of negligence as determined in any resulting legal action.
As to any claims asserted against an Agency because of its conduct hereunder,
such Agency expressly waives its immunity under Title 51 of the Revised Code of
Washington, the Industrial Insurance Act, for injuries to its employees, and agrees to the
obligations imposed upon it to indemnify, defend, and hold harmless the other Agencies
as provided in this Agreement. By executing this Agreement, each Agency
acknowledges the foregoing waiver has been mutually negotiated.
The provisions of this section shall survive the termination of this Agreement
as to any Agency.
S. Limited Waiver of Sovereign Immunity. The Tribal Agencies
voluntarily enter into a limited waiver of their respective sovereign immunity from suits
arising from their respective actions or non -action pursuant to this Agreement, on the
following terms and conditions: The Tribal Agencies consent to the jurisdiction of the
United States District Court for the Western District of Washington at Tacoma. This
waiver shall also apply to the provisions of section 7 of this Agreement. The provisions
of this section shall survive the termination of this Agreement as to each Tribal Agency
regarding its/their actions engaged in while it/they were a party to this Agreement.
9. Independent Contractor. In providing services under this Agreement,
each Agency shall be deemed an independent contractor, and neither it or its officers,
agents, or employees, shall be deemed employees of any other Agency for any purpose
whatsoever.
10. No Third Party Benefits. This Agreement shall be for the sole benefit of
the Agencies hereto, and nothing contained herein shall create a contractual relationship
with, create a legal duty to, or create a cause of action in favor of, a third party against
any Agency.
11. Amendments or Cancellation / Notice Provisions. This Agreement is
subject to revision, modification, or cancellation in accordance with the following:
A. Amendments. Requests by any Agency to amend this Agreement
shall be forwarded by written notice to the other Agencies. The written notice shall set
forth in particular the amendment(s) sought, and all reasons therefore. The Agencies
shall then communicate with one another regarding acceptance, rejection, or modification
to any requested amendments. Any amendments to this Agreement shall be deemed
effective as of the final date all Agencies have signified their acceptance thereto in
writing.
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B. Cancellation of Participation. Any Agency may cancel its
participation under this Agreement, and as a party to this Agreement, by submitting
written notice of its decision to cancel at least 90 days in advance of the stated
termination date to all other Agencies. The termination date set forth in the notice shall
fall on the last day of the month stated in the notice, and on the termination date, the
Agency submitting its notice shall cease to be a party to this Agreement.
C. Notices. All notices referenced in this Agreement shall be in writing
and sent by certified mail, return receipt requested, to each Agency at that Agency's
address set forth below its signature line at the conclusion of this Agreement. An Agency
may change the address at which it accepts notices by submitting written notice of its
changed address to the other Agencies.
12. Financial Considerations. The Interlocal Cooperation Act requires the
Agencies to establish how their joint undertaking shall be financed and what budget(s), if
any, will be maintained therefore. In answer to that statutory directive, each Agency
shall be solely responsible for its own costs incurred in carrying out the terms of this
Agreement; 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 Agency shall make adequate provisions in its own agency budget for carrying out
its obligations hereunder.
13. Management of Agreement. The Agencies will not establish any
separate legal or administrative entity to manage or coordinate their activities under this
Agreement.
14. Acquiring, Holding, & Disposing of Jointly Acquired Property. The
Interlocal Cooperation Act requires that the Agencies establish how property will be
acquired, held, and ultimately disposed of. It is not anticipated they will jointly acquire
any property, either real or personal, in carrying out the terms of this Agreement. The
property of each Agency used in implementing this Agreement shall remain that
Agency's sole property and remain under its sole control. If any Agencies do jointly
acquire any property for the administration of this Agreement, prior to doing so, they
shall reach written agreement as to what each will contribute to acquire the property, who
shall be in charge of acquiring and managing the property, and how it will be held and
ultimately disposed of at the time of this Agreement's termination.
15. Complete Agreement. This Agreement constitutes the full and complete
agreement of the Agencies as to the matters contained herein. No other verbal or prior
written understandings shall be provided with any legal effect whatsoever.
16. Reasonable Interpretation. For the reason that all Agencies have had
ample opportunity to provide input for the preparation of this Agreement, it shall not be
interpreted in favor of or against any Agency: it shall be provided a reasonable
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interpretation to the end that its terms and intent may be fully and reasonably
implemented.
17. Execution in Counterparts. This Agreement may be simultaneously
executed in several counterparts, each of which shall be an original, and all of which shall
constitute but one and the same instrument. It is expected this Agreement will be signed
in counterparts and so separate signature pages have been attached for each signing
agency.
18. General Provisions.
A. Severability. In the event any provisions of this Agreement are
determined unenforceable, or otherwise invalid, by a tribunal of competent jurisdiction,
the remaining provisions shall nevertheless remain in effect and continue to be
enforceable, unless the primary purposes of this Agreement are rendered null by the
provisions declared invalid.
B. Governing Law and Venue. The laws of the State of Washington
shall govern this Agreement. Venue for any legal action shall be in Kitsap County
Superior Court, except for matters involving the Tribal Agencies, in which case the venue
shall be with the United States District Court, Western District of Washington in Tacoma.
C. Attorney's Fees. In the event of litigation regarding this Agreement,
each Agency shall be responsible for its own legal fees and expenses, except as otherwise
explicitly stated in this Agreement.
D. Waiver of Breach. The waiver by an Agency of the breach of any
provision of this Agreement by any other Agency shall not operate nor be construed as a
waiver of any subsequent breach by such other Agency.
E. Authorization to Sign / Contact Information. In signing this
Agreement, each Agency representative signing on behalf of his or her Agency warrants
he or she has received or obtained the legal authority to enter into this Agreement and to
bind his or her Agency to the terms hereof. The correct mailing address, telephone
number, and contact person for each Agency regarding matters pertaining to this
Agreement are set forth directly after each Agency signature line at the conclusion of this
Agreement.
19. Agreement to be Filed with County Auditor. Pursuant to RCW
39.34.040, this Agreement shall be filed with the Kitsap County Auditor by CENTRAL
KITSAP FIRE & RESCUE as soon as reasonably practical after all Agencies have duly
executed it. The filing party shall thereafter provide a fully conformed filed copy hereof
to the other Agencies.
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IN WITNESS WHEREOF, each Agency has signed this Agreement to
evidence its consent to all terms hereof as of the date appearing by each Agency's signature:
BAINBRIDGE ISLAND FIRE DEPARTMENT
by:
Print Name:
FIRE CHIEF
Address:
Agency Phone Number:
Contact Person:
Contact Person's Phone Number(s):
Contact Person's Position:
Date:
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BREMERTON FIRE DEPARTMENT
by:
Print Name:
FIRE CHIEF
Address:
Agency Phone Number:
Contact Person:
Contact Person's Phone Number(s):
Contact Person's Position:
Date:
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M,
CENTRAL KITSAP FIRE & RESCUE
by:
Print Name:
FIRE CHIEF
Address:
Agency Phone Number:
Contact Person:
Contact Person's Phone Number(s):
Contact Person's Position:
Date:
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LEI
NORTH KITSAP FIRE & RESCUE
by:
Print Name:
FIRE CHIEF
Address:
Agency Phone Number:
Contact Person:
Contact Person's Phone Number(s):
Contact Person's Position:
Date:
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1.W
POULSBO FIRE DEPARTMENT
by:
Print Name:
FIRE CHIEF
Address:
Agency Phone Number:
Contact Person:
Contact Person's Phone Number(s):
Contact Person's Position:
Date:
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M
SOUTH KITSAP FIRE & RESCUE
by:
Print Name:
FIRE CHIEF
Address:
Agency Phone Number:
Contact Person:
Contact Person's Phone Number(s):
Contact Person's Position:
Date:
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BAINBRIDGE ISLAND POLICE DEPARTMENT
by:
Print Name: _
POLICE CHIEF
Address:
Agency Phone Number:
Contact Person:
Contact Person's Phone Number(s):
Contact Person's Position:
Date:
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`s
KITSAP COUNTY SHERIFF'S OFFICE
by:
Print Name:
SHERIFF
Address:
Agency Phone Number:
Contact Person:
Contact Person's Phone Number(s):
Contact Person's Position:
Date:
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PORT GAMBLE / S'KLALLAM TRIBAL POLICE
by:
Print Name:
POLICE CHIEF
Address:
Agency Phone Number:
Contact Person:
Contact Person's Phone Number(s):
Contact Person's Position:
Date:
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PORT ORCHARD POLICE DEPARTMENT
b/frint*ame�:��
Date:
POLICE CHIEF
Address: S Y' ��!J S 7-
Agency Phone Number: _Y/[/ E7- , zz0 o
ale
Contact Person: /l (twt ew /'',),e� 5� �
Contact Person's Phone Number(s): Ah7 e,�• D e%6 zzl�
C�ffl�'/5Contact Person's Position:
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POULSBO POLICE DEPARTMENT
by:
Print Name: _
POLICE CHIEF
Address:
Agency Phone Number:
Contact Person:
Contact Person's Phone Number(s):
Contact Person's Position:
Date:
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SUQUAMISH TRIBAL POLICE DEPARTMENT
by:
Print Name: _
POLICE CHIEF
Address:
Agency Phone Number:
Contact Person:
Contact Person's Phone Number(s):
Contact Person's Position:
FD1: MOU AGREE- Drop Boards- Water Bome Rescues 101107
Date:
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