088-24 - City of Gig Harbor - ContractDocusign Envelope ID: E177BA93-2196-43BE-88E5-BB3BA4CA7E9F
INTERLOCAL COOPERATION AGREEMENT
FOR OFFICER WELLNESS PROGRAM BETWEEN CITY
OF GIG HARBOR AND CITY OF PORT ORCHARD
THIS AGREEMENT is entered into under the Interlocal Cooperation Act
(Chapter 39.34 RCW) and the Mutual Aid Peace Officers Powers Act (chapter 10.93
RCW) between the City of Gig Harbor ("Gig Harbor") and the City of Port Orchard
("Port Orchard") (collectively the "Parties"). Through this agreement, said parties agree
to administer an officer wellness program for their respective police departments.
WHEREAS, law enforcement agencies have the responsibility of protecting lives
and property, and keeping the peace; and
WHEREAS, extra jurisdictional sharing of resources and capabilities is the most
efficient and effective use of law enforcement resources to protect life and property; and
WHEREAS, according to the International Journal of Emergency Mental Health
(2013), the average life expectancy of a police officer in the United States is 57 years,
compared to 69 years in the civilian sector and the average age of a US police officer
who suffers a heart attack is 46 years. In comparison, the average age of a civilian
experiencing the same condition is 65 years; and
WHEREAS, intensive medical screenings can diagnose and lead to early
intervention of potentially life -threatening conditions in a first responder environment
with an understanding of the associated working and lifestyle conditions has proven to be
successful in early diagnosis that might otherwise be missed in a routine examination;
and
WHEREAS, the parties have applied and received a Washington State Criminal
Justice Training Center ("WSCJTC") Wellness Grant ("Grant") to retain Life Scan
Wellness Center, or another similar entity, to provide public safety -specific
comprehensive physical and mental health screens; and
WHEREAS, it is necessary and desirable that a cooperative agreement be
executed for the purposes of administering the WSCTC Wellness Grant.
NOW, THEREFORE, the Parties agree as follows:
1. SCOPE OF WORK. The Parties agree that the Grant is for the purpose of
establishing officer wellness programs, to include, building resilience, injury
prevention, peer support, physical fitness, proper nutrition, stress management,
suicide prevention, physical health, mental health supports/services and any other
program that focuses on officer wellbeing. The Parties agree to contract an
appropriate service provider to provide intensive, public safety -specific
comprehensive physical and mental health screenings to Gig Harbor Police
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Department personnel and Port Orchard Police Department personnel. The
screening process may include but is not limited to:
• In -person physical examination
• Carotid Artery Scan
• PAD Arterial Disease Test
• Abdominal Aortic Aneurysm Test
• Atrial Fibrillation Test
• Kidney Disease Screening
• PSA Prostate Screening
• Testosterone Screening
• Liver Panel
• Osteoporosis Screening
• HsC-Reactive Protein Test
• A 1 c Screening
• Thyroid Hormone Test
• Other
Employee hours (if on paid status) expended for such testing would be the
responsibility of the employing agency.
Additionally, the Parties agree to purchase gym equipment for use by their
respective police personnel.
2. BUDGET AND BILLING
The Parties agree that the maximum budget under the Grant is $49,266.36. The
Parties understand that the intent is to split the Grant approximately as follows:
City
Item
Number of
Cost Per item
Total
Items
Gig Harbor
Health
Up to 23
$249.00
$6,242.43
Screenings
Elliptical
1
$1,499.00
$1,633.91
Trainer
Other gym
To be
To be
$3,544.00
e ui ment
determined
determined
Gig Harbor
$11,430.34
Total Costs
Port Orchard
Health
Up to 24
$259.00
$6.513.84
Screenings
Elliptical
1
$1,499.00
$1,633.91
Trainer
Other gym
To be
To be
$11, 430.34
equipment
determined
determined
Port Orchard
$12, 254.00
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Total Costs
Combined
$23, 684.34
Gig Harbor
and Port
Orchard
Total
The Parties further agree that Gig Harbor shall manage all purchases and
contracting. Gig Harbor will submit for reimbursement of all expenses on behalf
of both municipalities to the Washington State Criminal Justice Training
Commission.
Once delivered, the gym equipment will become the property of the respective
city to be used and disposed of as that city may deem appropriate consistent with
the terms of the Grant. Neither city has any responsibilities or liabilities for such
equipment in the other city's possession.
3. OUTCOME REPORTING. The Parties agree to provide quarterly reports to the
WSJTC on the outcomes of the Grant. The Parties shall use the Outcome Report
provided by the WSJTC. These outcomes include the following: the number of
Health Screens with the dates; the purchases of gym equipment, including when
equipment is received and used; and providing a complete officer survey of the
usefulness of all services and suggestions for future officer wellness services. The
Parties recognize that the WSJTC requires this information quarterly on the
following schedule:
1. October 15, 2024 (July, August, & September)
2. January 15, 2025 (October, November, & December)
3. April 15, 2025 (January, February, & March)
4. July 10, 2025, FINAL submission (April, May, & June)
4. INDEMNIFICATION AND HOLD HARMLESS
A. Gig Harbor shall indemnify, defend, and hold harmless Port Orchard, its
elected and appointed officials, officers, representatives, agents, and employees
from and against any and all liability arising from injury or death to persons or
damage to property resulting in whole or in part from negligent acts or omissions
of the Gig Harbor, its agents, or employees arising out of, in connection with, or
incident to the work performed under this Contract, provided, however, such
indemnification shall not extend to injury or damage to the extent caused by the
sole negligence or willful misconduct of Port Orchard, its agents, officers, elected
and appointed officials, or employees. It is further specifically and expressly
understood that the indemnification provided herein constitutes Gig Harbor's
waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the
purposes of this indemnification. The parties have mutually negotiated this
waiver.
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B. Port Orchard shall indemnify, defend, and hold harmless Gig Harbor, its
elected and appointed officials, officers, representatives, agents, and employees
from and against any and all liability arising from injury or death to persons or
damage to property resulting in whole or in part from negligent acts or omissions
of Port Orchard, its agents, or employees arising out of, in connection with, or
incident to the work performed under this Contract provided, however, such
indemnification shall not extend to injury or damage to the extent caused by the
negligence or willful misconduct of Gig Harbor, its agents, officers, elected and
appointed officials, or employees. It is further specifically and expressly
understood that the indemnification provided herein constitutes Port Orchard's
waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the
purposes of this indemnification. The parties have mutually negotiated this
waiver.
5. INSURANCE COVERAGE. Each party shall, to the best of their ability,
coordinate their liability insurance coverages and/or self -insured coverages to the
extent possible to fully implement and follow the agreement set forth herein. To
that purpose, for the duration of this agreement, each party shall maintain
occurrence -based general and police professional liability insurance or self-
insurance coverage with a limit of not less than ten million dollars ($10,000,000.)
per occurrence. However, the consent of any liability insurance carrier or self -
insured pool or organization is not required to make this agreement effective as
between the member cities signing this agreement and the failure of any insurance
carrier or self -insured pool or organization to agree or follow the terms of this
provision on liability shall not relieve any individual city from its obligations
under this agreement.
6. ADMINISTRATION. No separate administrative or legal entity is created by
this Agreement. The property purchased on behalf of each party will be wholly
owned by that party and this Agreement will establish no joint property. Gig
Harbor shall administer this Agreement.
7. RECORDS. This Agreement does not create an independent public agency
separately subject to the Public Records Act ("PRA"), Chapter 42.56 RCW.
Accordingly, any requests for public records relating to the work performed by a
party pursuant to this Agreement shall be handled by the agency in receipt of the
request and processed in accordance with the sole discretion of that agency.
Records created during the course of the health screenings and such records shall
be restricted to use and access consistent with all applicable laws.
7. TERM AND TERMINATION. This Agreement shall take effective on the
Effective Date and shall continue full force and effect until the work under the
Grant is complete or until this Agreement is terminated, whichever is sooner.
A. Either Party may terminate all or part of this Agreement upon thirty (30)
days written notice for the other Party's default of a provision of this Agreement.
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B. The Parties may mutually agree to terminate this Agreement in writing.
Any unspent grant funds that remain at the time of termination shall be allocated
to the Parties in accordance with Section 2 of this Agreement. Each Party shall be
solely responsible to settle any outstanding obligations and liabilities assumed by
that Party arising from the Agreement up to the date of termination, and the
Parties shall cooperate in good faith to resolve any remaining financial matters.
8. CHOICE OF LAW AND VENUE. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. In the event
any suit, arbitration, or other proceeding is instituted to enforce any term of this
Agreement, the Parties specifically understand and agree that the venue shall be
exclusively in Pierce County, Washington. The substantially prevailing Party in
any such action shall be entitled to its attorney's fees and costs of suit from the
other Party.
9. MODIFICATION AND SEVERABILITY. The parties may amend, modify, or
supplement this Agreement only by written agreement of all the parties. If any
section of this Agreement is adjudicated to be invalid, such action shall not affect
the validity of any section not so adjudged.
10. EXTENT OF AGREEMENT. This agreement contains the complete
understanding of the parties regarding the subject matter of this agreement. The
parties to this Agreement intend that this agreement will supersede and replace
said prior agreement in its entirety. No other contract terms or conditions shall be
deemed to exist or bind the parties.
11. AUTHORIZATION. By resolution or ordinance or otherwise pursuant to law,
the governing bodies of the Signatory Agencies listed below have authorized their
respective designated officials to execute this agreement on their behalf. This
agreement may be executed by counterparts and if so, shall be deemed valid as if
each designated official had signed the original.
CI �QLQiG HARBOR
`�^^'�` 11/1/2024
By• ARddR09PF6Rdd5R
Mayor date
CI T QEdgORT ORCHARD
�bb p4aAV SWA, 10/28/2024
By: €aF-584-ZD...
Mayor date
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