069-24 - Kitsap County - ContractDocusign Envelope ID: 3F16B260-375C-4892-A05D-FAEC8CE24F8D
KC-508-24
INTERLOCAL AGREEMENT FOR
EMERGENCY VEHICLE OPERATIONS COURSE TRAINING
City Contract No. 069-24
THIS INTERLOCAL AGREEMENT FOR EMERGENCY VEHICLE OPERATIONS COURSE
TRAINING ("Agreement") is entered by and between Kitsap County, a Washington state political
subdivision ("County"), and the City of Port Orchard, a Washington state municipal corporation
("City"). Each will individually be referred to as a "Party" and collectively as the "Parties".
A. The Interlocal Cooperation Act, Chapter 39.34 RCW, allows public agencies to enter into
cooperative agreements to jointly perform any governmental services, activity, or
undertaking it is authorized by law.
B. Participation in an emergency vehicle operations course ("EVOC") training ("Training") is
essential and required annually for sworn law enforcement personnel.
C. Collaborating with other law enforcement agencies to provide this Training is in the best
interests of the parties, and an economically efficient use of resources, subject to the terms
and conditions of this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by
reference, and mutual promises and covenants, the parties agree as follows:
1. AUTHORITY. This Agreement is entered into pursuant to chapter 39.34 RCW.
2. PURPOSE. This Agreement aims to provide for the joint and cooperative undertaking of the
parties to establish, implement, and manage EVOC Training, identify those persons
responsible for administering the Training, and define responsibilities as contemplated in
RCW 39.34.030. The Training is intended to be made available to attendees from other law
enforcement agencies of Washington state cities, counties and tribes.
3. ORGANIZATION. This Agreement does not create a separate legal or administrative entity,
nor do the parties intend to create a separate legal or administrative entity subject to suit
through this Agreement.
4. NO JOINT VENTURE. Nothing contained in this Agreement shall be construed as creating
any type or manner of partnership, joint venture, or other joint enterprise between the
parties.
5. ADMINISTRATOR. KCSO shall serve as the Training Administrator in coordination and
cooperation with the City. By functioning in this capacity, the County assumes no
responsibility or liability for the actions or failures to act by the City and/or its respective
employees, representatives, or agents.
6. EFFECTIVE DATE, DURATION. This Agreement shall be effective from the date the
Agreement is executed by both parties and shall remain in effect for five (5) years unless
terminated or extended as provided herein.
7. FEES. The City shall pay KCSO an administrative fee for every Training attendee. The
amount due will be calculated based on the actual Training costs. KCSO will invoice the City
for all attendee fees, which will be paid within 30 days of the invoice date.
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City of Port Orchard EVOC KC-518-24
Docusign Envelope ID: 3F16B260-375C-4892-A05D-FAEC8CE24F8D
8. TRAINING RESPONSIBILITIES
A. The City understands and acknowledges that the Training attendees will be from a
variety of Washington state law enforcement agencies.
B. KCSO is responsible for coordinating the Training, which includes organization,
operation, budget, staffing, and training, in cooperation with the other participants. A
KCSO sergeant will function as the Training Coordinator. In no event shall the
coordination of the Training by KCSO be considered an allocation of liability to KCSO
under RCW 10.93.040.
C. Training will be provided twice annually in three-hour blocks, generally in April and
October. However, the months may vary depending on the needs and resources of the
parties. By December 31st of each year, KCSO will announce the training dates for the
subsequent year and advise when classes will be open for registration. Each Training
attendee will receive three hours of training per year.
D. KCSO will arrange to use a facility to conduct the Training. The cost of using the facility
will be incorporated into the Training fees. The parties agree to work cooperatively to
provide any waivers required to use the facility.
E. Pursuit Immobilization Technique (PIT) instructions will be provided to attendees only
when such maneuvers are authorized by the attendee's department policy. The Training
attendees are responsible for advising the instructors when PIT maneuverers are not
authorized by the attendee's employing agency.
F. KCSO will provide chase and PIT instruction vehicles for the Training attendees to use
but encourages the other participating agencies to make additional vehicles available
for such use.
G. Attendees must bring a copy of their department pursuit policy to Training for discussion.
H. Each party will be responsible for providing the vehicles and fuel to be used by its
attendees for training purposes. Each party shall be responsible for all insurance,
repairs, fuel, maintenance, damage, and loss to its equipment and the vehicles its
employees operate while participating in the Training and shall hold the other party
harmless for the same.
I. The Training Coordinator or designee shall have the authority to remove or prohibit any
attendee from participating in training activities due to unprofessional, unsafe, or other
inappropriate conduct. The attendee's employing agency will be advised accordingly.
9. TRAINING INSTRUCTORS
A. The parties agree to work cooperatively to ensure sufficient qualified instructors are
made available to meet the Training needs of the attendees. While KCSO will provide
the EVOC instructors, the City is expected to make its EVOC instructors available to
provide instruction for the Training if possible.
B. All instructors must have successfully completed the basic EVOC Instructor training
course provided by the Washington State Criminal Justice Training Commission or an
equivalent.
City of Port Orchard EVOC KC-518-24
Docusign Envelope ID: 3F16B260-375C-4892-A05D-FAEC8CE24F8D
C. The Training Coordinator or designee shall have the authority to remove or prohibit an
instructor(s) from participation based on performance, attendance, teaching ability,
unsafe, unprofessional, or other inappropriate conduct. The instructor's employing
agency will be advised accordingly.
D. Nothing in this Agreement prohibits a party from sending supervisory personnel to attend
the Training for the purposes of monitoring and/or evaluating their agency's personnel,
training, or equipment.
10. TRAINING RECORDS. Upon successful completion of the Training, the City will receive
verification of its employees' attendance and completion. Each party shall be responsible
for maintaining and retaining training records for its employees.
11. TERMINATION, DISSOLUTION, PROPERTY DISPOSITION. Any party may terminate
their participation in this Agreement for any reason with 30 days prior to written notice to the
other party. A terminated party 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.
12. INDEPENDENT CAPACITY. The employees and agents of each party who engage in the
performance of this Agreement shall continue to be the employees or agents of that party and
shall not be considered, for any purpose, to be employees or agents of the other party to this
Agreement. Neither party shall have the authority to bind the other nor control the employees,
agents, or contractors of the other party to this Agreement. All rights, duties, and obligations
of a party shall remain with that party. Each party shall be solely and exclusively responsible
for the compensation, benefits, training expenses, equipment, costs, and all other costs,
benefits, and expenses for its employees. Each party will ensure compliance with all
applicable laws, collective bargaining agreements, and civil service rules and regulations
regarding its employees.
13. INSURANCE. During the term of this Agreement, both parties will maintain adequate
general liability and automobile insurance to protect against losses and risks arising out
of or related to the Training activities under this Agreement.
14. INDEMNIFICATION. To the extent of its comparative liability, each party agrees to
indemnify, defend, and hold harmless the other party, and the other party's elected and
appointed officials, employees, agents, and volunteers (and their marital communities)
from and against any and all claims, damages, losses, and expenses, including but not
limited to court costs, attorneys fees, and alternative dispute resolution costs, for
violation of any law applicable to a party, any personal injury, or any bodily injury, sick
disease, or death, and for any damage to or destruction of any property (including the
loss of uses therefrom) which arise as a direct or indirect result of the performance or
failure to perform duties under this Agreement.
A party reserves the right, but will have no obligation, to participate in the defense of any
claim, damages, losses, or expenses, and such participation will not constitute a waiver
of the party's indemnity obligations under this Agreement.
15. NONDISCRIMINATION. No party shall 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.
City of Port Orchard EVOC KC-518-24
Docusign Envelope ID: 3F16B260-375C-4892-A05D-FAEC8CE24F8D
16. GOVERNING LAW, VENUE. The Agreement will be governed in all respects by the laws of
the State of Washington, both as to interpretation and performance, without regard to
conflicts of law or choice of law provisions. Any action arising out of or in connection with
the Agreement may be instituted and maintained only in a court of competent jurisdiction in
Kitsap County, Washington or as provided by RCW 36.01.050.
17. FILING. Prior to entry into force, this Agreement shall be filed with the Kitsap County
Auditor's Office or, alternatively, listed by subject on the website or other electronically
retrievable public source in compliance with RCW 39.34.040.
18. NOTICE. All notices under this Agreement may be delivered or mailed to the Sheriff or Chief
of the other parties' law enforcement agency. Notice 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 next 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.
19. COMPLIANCE WITH LAWS. The parties shall at all times exercise their rights and perform
their respective obligations under this Agreement in full compliance with all applicable laws,
ordinances, rules, and regulations of any public authority having jurisdiction.
20. ENTIRE AGREEMENT. The parties acknowledge the Agreement is the product of
negotiation between the parties and represents the parties' entire agreement with respect
to its subject matter. All previous agreements and representations, whether oral or written,
entered into prior to this Agreement are hereby revoked and superseded by the Agreement.
21. AMENDMENT. This Agreement may be changed, modified, or amended, only by written
agreement executed by the parties hereto.
22. IMPLIED CONTRACT TERMS. Each provision of law and any terms required by law to be
in the Agreement are made a part of the Agreement as if fully stated in it.
23. PUBLIC RECORDS ACT. Notwithstanding any provisions of this Agreement to the contrary,
to the extent any record, including any electronic, audio, 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 (as may be amended), each party agrees to maintain all
records constituting public records and to produce or assist the other party in producing such
records, within the time frames and parameters set forth in state law.
24. NO THIRD -PARTY BENEFICIARY. It is the specific intent of the parties that this Agreement
shall not confer third -party beneficiary status on any non-party, including but not limited to
the citizens of any party's jurisdiction.
25. ASSIGNMENT. This Agreement shall not be assigned in whole or in part by any party to
this Agreement. Any attempt to assign this Agreement shall be void.
26. NO WAIVER. A failure by any party to exercise its rights under this Agreement will not
preclude that party from subsequent exercise of such rights and will not constitute a
waiver of any other rights under this Agreement unless in writing signed by an
authorized representative of the party.
27. SEVERABILITY. The provisions of this Agreement are severable. Any term or condition of
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City of Port Orchard EVOC KC-518-24
Docusign Envelope to: 3F16B260-375C-4892-A05D-FAEC8CE24F8D
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
the particular provision.
28. SURVIVAL. The rights and obligations of the parties shall survive the term of this Agreement
to the extent that any performance is required under this Agreement after the expiration or
termination of this Agreement, or extension thereof, such as indemnification and governing
law, venue, and waiver of immunity.
29. HEADINGS. Headings of this Agreement are for convenience only and shall not affect the
interpretation of this Agreement.
30. COUNTERPARTS, ELECTRONIC SIGNATURE. The Agreement may be executed in
several counterparts, each of which will be deemed an original, but all of which together
will constitute one and the same agreement. A facsimile, email, or other electronically
delivered signatures of the parties will be deemed to constitute original signatures and
deemed to constitute duplicate originals.
31. AUTHORIZATION. Each party signing below warrants to the other party that they have
the full power and authority to execute this Agreement on behalf of the party for whom
they sign.
Dated this30 day of September 2024 Dated this Lday of -'tom 2024
CITY OF PORT ORCHARD KITSAP COUNTY
Signed by:
15V' v,
MAI' WWR Chief of Police
CW,9.--
JOHN OLSE, S iff
City of Port Orchard EVOC KC-518-24
Docusign Envelope ID: 3F16B260-375C-4892-A05D-FAEC8CE24F8D
Dated this 16 day of _September , 2024
CITY OF PORT ORCHARD
Signed by;
IPey �tti}aatn s uu
ROBERT PUTAANSUU, Mayor
APPROVED AS TO FORM:
F
/Sig/n��ed�by:
� �_�L2--
r City Attorney
ATTEST:
Fj
DocuSigned by:
ratn
oe, MMC, City Clerk
City of Port Orchard EVOC KC-518-24
Docusign Envelope ID: 3F16B260-375C-4892-A05D-FAEC8CE24F8D
DATED or ADOPTED this -2:-19 day of _0 G +o Y�e �- 12024.
BOARD OF COUNTY COMMISSIONERS
KITSAP COUNTY, WASHINGTON
_-0�I-�.
KATMERINE T. WALTERS, Chair
CHARLOTTE GARRIDO, Commissioner
AT T:
Dana Daniels, Clerk of the Board
City of Port Orchard EVOC KC-518-24