Loading...
109-22 - Resolution - Terminating Chaplain ServicesDocuSign Envelope ID: E3BB5C94-006F-489E-810E-8388E40DE3A3 RESOLUTION NO. 109-22 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO TERMINATE AN INTERLOCAL AGREEMENT WITH KITSAP FIRE DISTRICT #7 REGARDING CHAPLAIN SERVICES FOR THE CITY POLICE DEPARTMENT. WHEREAS, on May 28, 2002, Port Orchard City Council voted to authorize the Mayor to execute an Interlocal Agreement between Kitsap Fire District #7 and the City regarding Chaplain Services to the City Police Department; and WHEREAS, the Agreement had no termination date and stated that it would remain in effect indefinitely until terminated by either party with written notice; and WHEREAS, Kitsap Fire District #7 was made part of South Kitsap Fire and Rescue during the intervening years; and WHEREAS, the City has not utilized these services for many years; and WHEREAS, the City no longer desires to obtain these services and South Kitsap Fire and Rescue has not been providing these services to the City; and WHEREAS, both parties agree that that Interlocal Agreement should be terminated; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The Port Orchard City Council authorizes the Mayor to terminate the 2002 Interlocal Agreement for Chaplain Services and to send notice to South Kitsap Fire & Rescue in accordance with the Notice provisions in the Agreement. THAT: The Resolution shall take full force and effect upon passage and signatures hereon. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 25t" day of October 2022. DocuSigned by: �obUc P4MM Sinn. Robert utaansuu, Mayor c'uSigned by: Brandy Wallace, MMC, City Clerk DocuSign Envelope ID: E3BB5C94-006F-489E-810E-8388E40DE3A3 200206100182 Rage: 1 of 7 After recording r rn to: FIRE DISTRICT 7 AGNT $15.00 Ki� tsapCo, WA 13132 1 33P / 6 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 28tday 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 DocuSign Envelope ID: E3BB5C94-006F-489E-810E-8388E40DE3A3 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. N a CO M 4. Police Department Duties. The police department shall comply with the following oo r duties and obligations in making use of this chaplain's program: o Q CU �ZU A. District 7 Program Rules. All police officers making use of the chaplain's o a program offered hereby shall become familiar with the City's policies and rules regarding this ._.} N � m 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 M ensure the scene is safe for the chaplain to enter. The police officer in attendance shall not leave s 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. U_ 1-- �� Ui INTERLOCAL AGREEMENT REGARDING w� CITY'S USE OF DISTRICT 7 CHAPLAIN'S PROGRAM Page 2 of 7 5/16/02 .-. DocuSign Envelope ID: E3BB5C94-006F-489E-810E-8388E40DE3A3 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. S. 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 � W DocuSign Envelope ID: E3BB5C94-006F-489E-810E-8388E40DE3A3 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 DocuSign Envelope ID: E3BB5C94-006F-489E-810E-8388E40DE3A3 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 N shall be provided with any legal effect whatsoever. Any amendments hereto shall be in writing CO M and signed by both parties. c) m s 3 10. Approval of Parties. DISTRICT Ts governing body duly considered and entered T r r N'�' ti Q into this Agreement at its regularly scheduled public meeting held on the 1.3 day of o a '� o 2002 and authorized the individuals signing this Agreement hereafter to sign 04 m Y the same on its behalf. The CITY's governing body duly considered and entered into this z 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 �' o CITY'S USE OF DISTRICT 7 CHAPLAIN'S PROGRAM Page 5 of 7 5/16/02 ' �' DocuSign Envelope ID: E3BB5C94-006F-489E-810E-8388E40DE3A3 KITSAP COUNTY FIRE PROTECTION DISTRICT NO.7 by: . % . Date of Signing: (� RICK METZGEA, Board Chairperson KE B WN, Fire Chief by: e-k RICK GROSS, Secretary CITY OF PORT ORCHARD by: tL LESLIE J. WEATHERILL, Mayor Attest: by: �Le' 4,2 PATRICIA PARKS, Clerk INTERLOCAL AGREEMENT REGARDING CITY'S USE OF DISTRICT 7 CHAPLAIN'S PROGRAM Date of Signing: 5— Z 5 — C"7 Z Date of Signing: S! 23 ' b Z Date of Signing: %.5--a8-oa- Date of Signing: S.a-$-6a, 200206100182 Rage: 6 of? W/18/30196 01 33E FIRE DISTRICT 7 AGMT $15.00 Kitsap Co, WA Page 6 of 7 5/ 16/02 DocuSign Envelope ID: E3BB5C94-006F-489E-810E-8388E40DE3A3 STATE OF WASHINGTON ) ) ss 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 PROTECTION DISTRICT NO. 7 //`�� G�MMISS/O,y.y.9 �.kP 0: NOTE 9 0 9�� ;�''•r BClC ,� Z �LgSHING�O� STATE OF WASHINGTON ) ss COUNTY OF KITSAP ) Print Name: _ Ir'— NOTARY PUBLIC in and or the State of My Commission Expires: a -I 1 a-10 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: .. g-0 a V • A. • Print Name: NOTA 9N: Np(,(AG�D �rn LIC in and for the State of • o UBLIC O / 9�F •�,17.0 ••• My Commissxpires: gl 1-7 f 4 i �F �ASHING�O FD7: INTER -LOCAL Agree CHAPLAINS PROGRAM.wpd 200206100182 96/16/2062f 01:33F FIRE DISTRICT 7 AGMT $15.66 Kitsap Co, WR INTERLOCAL AGREEMENT REGARDING CITY'S USE OF DISTRICT 7 CHAPLAIN'S PROGRAM Page 7 of 7 5/I6/02