016-20 - City of Poulsbo - ContractINTERLOCAL ACREENIENT AMONG THE CITIES OF'
PORT ORCHARD AND POULSBO FOR PROVTSION OF LAW
ENFORCEMENT BEHAVIORAL t{EALTH NAYTGATOR SERVICES
This Agreement is by and between the Ciry ol Poulsbo ("Poulsbo") and the City of port
Orchard ("Port Orchard") and is made and entered into pursuant to the provisions of Chapter 39.34
RCW.
WHEREAS, the undersigned cities hereto are public agencies as defined by Chapter 39.34,
Revised Code of Washington, and are authorized to enter into joint or cooperative actions and to
cooperate with each other on the basis of mutual advantage and thereby to provide services and
facilities in a manner and pursuant to fonns of govemmental organization that will accord best
with geographic, economic, population and other factors influencing the needs'and development
of local communities; and
WI{EREAS, law enforcement agencies are often the first responders to those in behavioral
health crises or with behavioral health conditions and who are in need of connection to services,
thereby creating a demand upon the undersigned cities respective to resources and impacting the
communities of the undersigned cities, both individually and jointlyi and
WHEREAS, the City of Poulsbo Police Deparfrnent has an established Behavioral Health
Outreach Navigator hogram which assists law enforcement in connecting individuals with
behavioral health issues, who are identified as at-risk or in crisis, with treatment and other
communiflr resources, with the goal of diverting initial or further involvement in the criminal
justice system; and
WHEREAS, the City of Port Orchard has determined that the cooperative utilization of the
City of Poulsbo Police Department Behavioral Health Outreach Navigator Program would be of
benefit to its Police Department and the community; and
WIflREAS, the City of Poulsbo agrees that the cooperative utilization of its Behavioral
Health Outreach Program is of, benefit to the City of Port Orchard, the City of Poulsbo and their
respective communities;
Now THEREFORE, the City of Poulsbo and the City of Port orchard, rhrough their
respective legislative bodies, do hereby agree as follows:
l' SCOPE oF SERVICES. Poutsbo Police Department ("PPD") shatl assign, as staffing levels
permiq to the City of Port Orchard Police Departmenr ("popD,,) a police Navigator
("Navigator") from the Poulsbo Police Department Behavioral Health Outreach Navigator
Program ("Program"). The Navigator will be housed in the port Orchard police Department
and will work no more than 25 hours per week with POPD, assisting law enforcement of,ficers
to connect individuals with behavioral health issues to treatment and other community services.
2. NAVTGAT R ASS PPD shall ensure the Navigator has the appropriate and
necessary qualifications, training and experience to provide the services under this Agreement
and retains the sole arrhority to remove, replace or change the assigned Navigator to popD.
However, PPD shall make reasonable attempts to avoid any significant disruptions to ongoing
cases' POPD shall provide to the Navigator and PPD a designated member of the pOpD Crisis
Intervention Team, or other POPD law enforcernent officer who shall serve as the point of
contact for the Navigator services and shalt supervise the Navigator and the provision of related
services while on-site, in cotlaboration with the PPD Administrative Services Manager.
a' The City of Poulsbo shall pay the salary, associated benefits and employment costs of
the Navigatoq with any overtime work needing prior approval by the ppD
Administrative Services Manager.
b' The Navigator shall be considered an employee of the PPD, reporting to, and supervised
by the PPD Administruive Services Manager. The Navigaror will adhere ro the policies
and procedures of the PPD, including the Behavioral Health Navigator program
policies. Should an actual or perceived conflict arise regarding the responsibilities,
policies, or delegated duties of the Navigator, POPD shall promptly inf,orm ppD.
c' The Navigator shall continue to have ongoing responsibilities with the ppD and may be
required to provide navigator support, attend mandatory trainings, conduct
investigations or affend to other work-related matters lor PpD or other partnered
agencies, at the sole determination of PPD. Shoutd POPD wish flor the Navigaror ro
partlcipate or aftend any POPD required meetings or trainings, popD shall seek
authorization from the ppD Administrative Services Manager.
d' PPD shall provide the Navigator with a cellular phone and laptop for the provision of
the services in this Agreement, which sharl remain the properry of ppD.
e' POPD shall provide the necessary workspace and/or workstation in its Department
which provides the Navigator at a minimum access to lLeads, or any replacement
county-wide law enforcement records management system. The Navigator shall enter
all contacts into lleads or its successor, Erld through this agreement are given the
authorization to do so. Such entry shall be in accordance with the policies and
procedures of the ppD.
3. COSTS.
a' For calendar year 2020, the City of Port orchard will remit a payment of Thirty
Thousand Dollars ($30,000) to the City of Poulsbo for services provided herein. Such
payment shall be due upon full execution of this Agreement.
b' Unless as especially provided for herein, all other costs for the services under this
Agreement shall be borne by the City of poulsbo.
4' INSURANCE. The cities 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. 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
pooling organization to agree or follow the terms of this provision on liability shall not relieve
any individual city from its obligations under this agreement.
5' LTABILITY' Each City shall be responsible for the wrongful or negligent actions of its
employees while participating in the Navigator Program as their respective liabiliry shall
appear under the laws of the State of Washington and/or Federal Law and this agreement is
not intended to diminish or expand such liability.
a-To that end, each City promises to hold harmless and release all the other participating
Cities from any loss, claim or liability arising from or out of the negligent tortious
actions or inactions of its employees, officers and officials. Such liability shall be
apportioned among the parties or other at fault persons or entities in accordance with the
laws of the State of Washington.
b. Nothing herein shall be interpreted to
Waive any defense arising our of RCW Title 5 l.
Limit the ability of a participant to exercise any right,_defense, or remedy
which a party may have with respect to third parties or the officer(s) whose
action or inaction give rise to loss, claim or liability including but not limited
to an assertion that the officer(s) was acting beyond the scope of his or her
employmenl
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iii. Cover or require indemnification or payment of any judgment against any
individual or city for intentionatty wrongful conduct outside the scope of
employment of any individual or for any judgment for punitive damages
against any individual or city. Payment of punitive damage awards, 6nes or
sanctions shall be the sole responsibitiry of the individual against whom said
judgment is rendered and/or his or her municipal employer, should that
employer elect to make said payment voluntarily. This agreement does not
require indemnification of any punitive damage awards or for any order
imposing fines or sanctions.
6' PUBLIC RECOR-DS- This Agreement does not estabtish a separate or independent legal
entity subject to suit or to the Washington Public Records Act @RA; Chapte r 42.56 RCW.
Accordingly, each party shall be responsibte for retaining records it creates! owns or uses, in
accordance with the appticable record retention laws. AII public records requests shalt be
handled independently by the agency receiving the request in accordance with its own
policies and state law.
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EFFECTTVE DATE' This Agreement shall take effect on Janua ry l,2020and shall expire
December 31,2020, unless otherwise terminated per Section 8 of this Agreement.
TER]VIINATION' This agreernent can be terminated at any time without cause, with 30
days written notice by either party. Termination of this Agreement shall not terminate
paragraphs 4 or 5 hereof as to any incident arising prior to the termination of this Agreement
and paragraphs 4 and 5 shall survive the termination of this Agreement with respect to any
cause of action, claim, or liability arising on or prior to the date of termination.
ADUIINISTRATI0I{' This Agreement is executed in accordance with the authority of
chapter 39'34, the Interlocal Cooperation Act. The parties do not create through this
Agreement a separate legal entity subject to suit. The police chiefs of ppD and popD, or
their designees, will administer this agreement for each party, and will meet each quarter, or
as needed, for the purpose of reviewing and discussing the operations and performance of
the Navigator and the Navigator Program. Each parfy to this Agreement shall be responsible
for its own budgeting.
I O. DISPO SAI OF
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No real or personal property wiil be jointly acquired or
owned by the parties under this Agreement. All property owned by each of the parties shal
remain its sole property to hold and dispose of in its sole discretion.
I l ' IYRITTEN I\OTICES. All communications regarding this Agreement shall be sent to rhe
parties at the addresses listed below by registered or I't class mail, or by personal service,
and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified in writing.
P
For Ciqv of Poulsbo:
Chief Dan Schoonmaker
Poulsbo Police Department
200 NE lrvloe Street
Poulsbo, WA 98370
Eqr CiW of Port Orc hard
Chief tvlatt Brown
Port Orchard Police Department
546 Bay Streer
Port Orchard, WA 98366
SE\TERABILITY' If any section of this Agreement is adjudicated ro be invarid, such a*ionshall not affect the validity of any section not so adjudged.
wAr\'ER' Failure to enforce any provisions ofthis Agreement shaltnot be deemed a waiverof that provision' waiver of any right or power arising out of this Agreement shall not bedeemed a waiver of any other right or power.
AIYIENDNIENT' This Agreement may only be amended by written agreement of a1 parties.
APPROVED AS TO FO APPROVED AS TO FORfuI:
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l5.ThisAgreementshallbegovernedbyandconstruedin
accordance with the laws and administrative rules of the State of washington. tn the eventof dispute' the venue for any action brought hereunder shall be in Kitsap county SuperiorCourt.
l6' FILING' This agreement shall be filed with rhe county Auditor or listed by subject on eachagency's website pursuant to RCW 39.34.
IN WITNESS WHEREOF , the parties hereto have approved and executed this Agreement,
this of ( n{,\A 20t9.
CMY OF POT,ILSBO
CTTY OF P0RT ORCFIARIT
BECKY EPJC , MNYOR ROB PUTAA NSUU, MAYOR
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JArvtES FLAMY
SHAR ON CATESCITY ATTORNEY
CITY ATTORNEY
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