008-05 - City of Bremerton - ContractINTERLOCAL AGREEMENT
BETWEEN THE CIFY OF PORT ORCHARD
AND THE CITY OF BREMERTON
RELATING TO MARINE PATROL SERVICES
THIS IS AN AGREEMENT between the City of Port Orchard, a municipal
corporation of the State of Washington, hereinafter referred to as the "Port Orchard", and
the City of Bremerton, a municipal corporation of the State of Washington, hereinafter
referred to as "Bremerton".
WHEREAS, Port Orchard and Bremerton have geographical boundaries either
bordering on or encompassing navigable waters in Kitsap County and, thus have the
authority to police these waters; and
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the waters within Port Orchard's jurisdiction which can also service the waters under the
authority of Bremerton;
NOW Therefore, Port Orchard and Bremerton hereby agree as follows:
1. Police Authority. Bremerton confers municipal police authority on Port
Orchard officers engaged pursuant to this Agreement to enforce State and Bremerton
ordinances within Bremerton waters for the purposes of carrying out this Agreement.
2. .Assistance and Patrol. Through its Marine Patrol Unit, Port Orchard may
provide assistance to the Bremerton Police Department upon request, and may patrol
waters under the authority of Bremerton for the purposes of enforcing applicable laws and
ordinances, promoting boating safety, and preventing law or safety violations, including
responding to emergency complaints in accordance with standard emergency dispatch
protocol.
3. No Duty to Patrol or Provide Assistance. Port Orchard Marine Patrol Unit
shall have the primary interest of patrolling its own waters, and shall not be liable for, or be
considered to be in breach of or default under this Agreement on account of any delay in or
failure to perform any obligation under. this Agreement. This Agreement shall not create
any duty on the part of Port Orchard to patrol the waters of Bremerton or respond to
requests for assistance. Port Orchard has the absolute discretion to decline to provide any
requested assistance at any time without incurring any liability.
4. Independent Contractor. The parties to this Agreement agree that Port
Orchard is acting as an independent contractor and controls all marine patrol personnel,
including standards of performance and discipline. All persons rendering marine patrol
services under this Agreement shall be for all purposes employees of Port Orchard.
5. Indemnification.
a. In executing this agreement, Port Orchard does not assume liability or
responsibility for or in any way release Bremerton from any liability or responsibility,
which arises in whole or in part from the existence, validity or effect of Bremerton
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ordinances, rules or regulations. If any such cause, claim, suit, action or administrative
proceeding is commenced, Bremerton shall defend the same at its sole expense and if
judgment is entered or damages are awarded against Bremerton, Port Orchard, or both,
Bremerton shall satisfy the same, including all chargeable costs and attorney's fees.
b. Port Orchard shall indemnify and hold harmless Bremerton and its officers,
agents, and employees, or any of them, from and against any and all claims, actions, suits
liability, loss, costs, expenses, and damages of any nature whatsoever, which are caused by
or result from a negligent act or omission of Port Orchard, its officers, agents, and
employees in performing services pursuant to this agreement. In the event that any suit
based upon such a claim, action, loss, or damage is brought against Bremerton or
Bremerton and Port Orchard, Port Orchard shall defend the same at its sole cost and
expense; and if final judgment be rendered against Bremerton and its officers, agents, and
employees or jointly against Bremerton and Port Orchard and their respective officers,
age.its, and 0_13ployees Poll Orchard sh; ll at. s .,-y fthe same..
C. Bremerton shall indemnify and hold harmless Port Orchard and its officers,
agents, and employees, or any of them, from and against any and all claims, actions, suits,
liability, loss, costs, expenses, and damages of any nature whatsoever, which are caused by
or result from a negligent act or omission of Bremerton, its officers, agents, and employees
in performing services pursuant to this agreement. In the event that any suit based upon
such a claim, action, loss, or damage is brought against Port Orchard or Bremerton and
Port Orchard, Bremerton shall defend the same at its sole cost and expense; and if final
judgment be rendered against Port Orchard, and its officers, agents, and employees or
jointly against Port Orchard and Bremerton and their respective officers, agents, and
employees Bremerton shall satisfy the same.
d. If a claim is made that both parties are responsible for all or a portion of
damages alleged to have been sustained as a result of acts or omissions of the parties
hereto, then the above referenced indemnity and hold harmless provisions shall apply only
to the extent of the proportion of liability attributable to the indemnifying party. If liability
is not or cannot be apportioned, then the parties shall be responsible for their own costs and
attorneys fees incurred in the matter and shall indemnify and hold the other party harmless
for one half of any amount awarded by the Court or other decision making body with
jurisdiction as a result of the alleged acts or omissions.
6. Contract Administration. The parties do not by this Agreement create any
separate legal or administrative entity. The Chief of Police of each party shall be
responsible for administering the terms of this Agreement. The parties do not intend to
jointly own any real or personal property as part of this undertaking.
7. Duration. This Agreement is effective upon authorization and signature by
both parties. The contract period shall continue until terminated by either of the parties.
8. Termination. Either party may terminate this Agreement at any time upon
thirty days (30 days) written notice to other party.
9. Amendment and Waiver. This Agreement may be amended by mutual
written agreement of the parties. No waiver by any party of any term or condition of this
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Agreement shall be deemed or construed waiver of any other term or condition, nor shall a
waiver of any breach be deemed to constitute a waiver of any subsequent breach whether
of the same or a different provision of this Agreement.
IN WITNESS WHEREOF the parties have executed this Agreement.
Dated this day of , 2005 Dated this 2&day of , 2005
CITY OF BREMERTON
am
CARY BOZEMAN, Mayor
DEPARTMENTAL APPROVAL:
Rob Forbes, Chief of Police
APPROVED AS TO FORM:
Roger A. Lubovich, City Attorney
i/docs/20766/agmt/patrol agreement
CITY OF PORT ORCHARD
By: Jew
KIM ABEL, Mayor
DEP/ ENTAL APPROVAL:
£.�..
Alan Townsend, Chief of Police
APPR VED O FORM:
Loren D. ombs, City Attorney
6rej Aw„kvl^ Gl�fs l�w�
Ct4i 6Hur-ce
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Agreement shall be deemed or construed waiver of any other term or condition, nor shall a
waiver of any breach be deemed to constitute a waiver of any subsequent breach whether
of the same or a different provision of this Agreement.
IN WITNESS WHEREOF the parties have executed this Agreement.
Dated this day ou`a"t'005 Dated this day of , 2005
CITY OF BREMER CITY OF PORT ORCHARD
By: y:
CARY B EMAN, Mayor KI A ABEL, Mayor
DEPAIUMf--..�AL PR VAL.
'dam
Rob Forbes, Chief of Police
ILOLVED AS TO FORM:
R er A. Lubov' i y ttorney
i/docs/20766/agmt/patrol agreement
DEPARTMENTAL APPROVAL:
Alan Townsend, Chief of Police
APPROVED AS TO FORM:
Loren D. Combs, City Attorney
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