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Home My WebLink AboutJefferson County - Law Enforcement Service Agreement; First & Second AmendmentsLAW ENFORCEMENT SERVICE AGREEMENT THIS AGREEMENT, made and entered into this day of 2016, by and between the County of Jefferson, a legal subdivision of the State of Washi gton ("County"), and the City of Port Townsend, a municipal corporation of the State of Washington, hereinafter referred to as the "City." RECITALS: A. The City wishes to contract with the County for the performance of certain law enforcement functions as described in this Agreement within the City by the County through its Sheriff's Office. B. The County is agreeable to rendering such services on the terms and conditions in this Agreement. C. This Agreement is authorized and provided for by the provisions of Chapters 39.34 and 10.93 RCW. AGREEMENT 1. The County agrees, by and through its Sheriff's Office, to provide police protection and law enforcement within the corporate limits of the City at the request of the City. a. Such services shall encompass the duties and functions of the type coming within the jurisdiction of and customarily rendered by the Sheriff of the County and the Police Chief of the City under the laws of the State of Washington. b. Such services shall include the enforcement of statutes of the State of Washington and the municipal ordinances of the City, as are enforced by the Sheriff within unincorporated territory of said County and the Police Chief of the City. Such services shall be provided by employees of the Sheriff's Department as specifically requested by the City. As of the date of this Agreement, services shall be limited to patrol services. The parties agree that the Sheriff and the Chief of Police may, by written amendment, add services within the City's budget without seeking approval from their respective legislative authorities. 2. Control of assigned deputies. Assigned deputies shall be under the operational control of the City. The discipline of officers, and other matters incident to the performance of such services and the control of personnel so employed, shall remain in the County. -1- The County shall furnish and supply all necessary personnel, equipment, communication facilities, vehicles, and supplies necessary to maintain the level of service to be rendered under this Agreement, and shall pay all salaries and employee benefits and other costs in connection therewith. 3. The City shall pay to the County the "fully loaded" rate for the assigned deputy, which rate shall be in accordance with the schedule at Exhibit A. Additionally, if a deputy is in an overtime status with the County because of being assigned to work a City shift, the City shall pay 1.5 times that deputy's rate. Amounts are to be paid within 30 days of the City receiving an invoice from the County. 4. The City shall also pay to the County those overtime expenses for assigned deputies related to their service for the City, such as municipal court appearances. 5. Upon the City's failure to make payment within 30 days, County shall be entitled to include interest at 12% per annum on the unpaid balance. 6. All persons employed in the performance of such services and functions pursuant to this Agreement for said City shall be County employees and not City employees. 7. For the purpose of performing services and functions pursuant to this Agreement and only for the purpose of giving official status to the performance thereof, every County officer and employee engaged in performing any such service and function shall be deemed to be an officer or employee of said City while performing service for said City which service is within the scope of this Agreement and is a municipal function. The City shall not be liable for compensation or indemnity to any County employee for injury or sickness arising out of his employment, or by reasons of the performance of any of the services provided for herein. The County indemnifies the City against any loss or expense by reason of injury or sickness compensation or indemnity arising out of employment of any County personnel serving the City hereunder. 9. Unless sooner terminated as provided for herein, this Agreement shall take effect on the date above and shall continue in force until terminated. Either party may terminate this Agreement upon notice in writing to the other party of not less than one calendar month prior to intended termination, in which case payment will be prorated and remitted. 10. The parties agree that RCW 10.93.040 shall govern in questions of any liability or claim of liability that arises out of the exercise or alleged exercise of authority by an officer acting within the course and scope of the officer's duties as a peace officer. -2- 11. The parties acknowledge they will both have variable quantities of resources (County deputies willing to work additional shifts or City revenue) available to them to undertake the law enforcement services to be performed in accordance with this Agreement. Neither party to this Agreement is obligated to expend funds not budgeted in their approved budget in furtherance of this Agreement unless the person administering this Agreement for that party decides to do so and does so through a lawful budget extension process. 12. Nothing in this Agreement shall be in derogation of or revise, repeal or alter the terms and obligations of any collective bargaining agreement applicable to any commissioned employee of the Jefferson County Sheriff or the City of Port Townsend Police Department. 13. The Jefferson County Sheriff and the City of Port Townsend Police Chief, or any designee of either person listed here, shall administer this Agreement for their respective local governments. 14. Counterparts. This Agreement may be signed in counterparts, each of which shall be an original, with the same effect as if the were upon the same instrument. ENTERED INTO on the date indicated below. CITY OF PORT TOWNSEND JEFFERSON COUNTY SHERIFF'S OFFICE David G. Ti mons Date David Stanko City Manager Sheriff APPROVED AS TO FORM: Steve Gross, City Attorney APPROVED AS TO FORM: Date David Alvarez, Chief Civil Deputy Prosecuting Attorney -3- 11. The parties acknowledge they will both have variable quantities of resources (County deputies willing to work additional shifts or City revenue) available to them to undertake the law enforcement services to be performed in accordance with this Agreement. Neither party to this Agreement is obligated to expend funds not budgeted in their approved budget in furtherance of this Agreement unless the person administering this Agreement for that party decides to do so and does so through a lawful budget extension process. 12. Nothing in this Agreement shall be in derogation of or revise, repeal or alter the terms and obligations of any collective bargaining agreement applicable to any commissioned employee of the Jefferson County Sheriff or the City of Port Townsend Police Department. 13. The Jefferson County Sheriff and the City of Port Townsend Police Chief, or any designee of either person listed here, shall administer this Agreement for their respective local governments. 14. Counterparts. This Agreement may be signed in counterparts, each of which shall be an original, with the same effect as if the were upon the same instrument. ENTERED INTO on the date indicated below. CITY OF PORT TOWNSEND JEFFERSON COUNTY SHERIFF'S OFFICE David G. Timmons Date David Stanko Date City Manager Sheriff APPROVED AS TO FORM: APPROVED AS TO FORM: Steve Gross, City Attorney David Alvarez, Chief Civil Dejoty Prosecuting Attorney -3- Exhibit "A" Deputy Overtime hourly rate 2016 $ 52.71 Benefits $ 8.57 Total Hourly $ 61.30 Overhead (10%) $ 6.13 Vehicle hourly rate* $8.30 TOTAL $ 75.73 *Vehicle hourly rate base on $17,400 annual ER & R costs divided by 2094 hours (average hours used per year) FIRST AMENDMENT TO LAW ENFORCEMENT SERVICES AGREEMENT This Amendment to the Law Enforcement Services Agreement is entered into as of the last date signed below. RECITALS. 1. The City of Port Townsend ("PTPL") and Jefferson County, through its Sheriffs Office "County" entered into a Law Enforcement Services Agreement on May 13, 2016 (the "Original Agreement"). 2. Appendix A of the Original Agreement sets forth the rate the City will pay for the Services. 3. The original rate of pay did not include holiday pay. 4. The City wishes to fairly compensate the County for the loan of its employees and to make these changes retroactive to the beginning of the contract term. AGREEMENT. In consideration of the mutual benefits in the Original Agreement, the parties agree as follows: 1. Exhibit A of the Original Agreement is replaced with Exhibit A to this Amendment, and the schedule shall be retroactive to the effective date of the Original Agreement. 3. All other provisions of the Original Agreement shall remain in effect. THE CITY OF PORT TOWNSEND JEFFERSON COUNTY SHERIFF'S OFFICE By: B ,. y. David G. Timmons, City Manager I/te,David Stanko, Sheriff Date APPROVED AS TO FORM: APPROVED AS TO FORM: Steve Gross, City Attorney Michael Haas, Prosecutor Exhibit "A" 2016 Deputy Overtime Hourly Rate 2016 $ 52.71 Benefits $ 8.57 Total Hourly $ 61.28 Overhead (10%) $ 6.13 Vehicle Hourly Rate $ 8.30 Total $ 75.71 Deputy Holiday Hourly Rate 2016 $ 71.34 Benefits $ 11.58 Total Hourly $ 82.92 Overhead (10%) $ 8,29 Vehicle Hourly Rate $ 8,31 Total $ 99.51 2017 Deputy Overtime Hourly Rate 2017 $ 54.32 Benefits $ 8.80 Total Hourly $ 63.12 Overhead (10%) $ 6.31 Vehicle Hourly Rate $ 9.06 Total $ 78.49 Deputy Holiday Hourly Rate 2017 $ 72.62 Benefits $ 11.76 Total Hourly $ 84.38 Overhead (10%) Vehicle Hourly Rate Total SECOND AMENDMENT TO LAW ENFORCEMENT SERVICE AGREEMENT This Second;Amendment to the Law Enforcement Service Agreement is entered into as of the last date signed below.: RECITALS. 1.The City 4,,Port Townsend and Jefferson County(collectively,the"Parties")entered into a Law Enforcement Service Agreement on May 13 2016(the"Original Agreement")and a First Amendment to Law Enforcement Services Agreement on May 1E,2017. 2.Appendix A of the First Amendment sets forth the rates the City pays for the services. 3.The Parties wish,to update Appendix A to reflect current pay and benefit rates for Sheriffs Office employees.; AGREEMENT. In consideration of the mutual benefits in the Original Agreement,the parties agree as follows: 1. Exhibit A ofthe Original Agreement,as amended by the First Amendment, is replaced in its entirety with Exhibit A to'this Amendment. The rate schedule shall be retroactive to January 1,2019. 3.All other provisions of the Original Agreement shall remain in effect. THE CITY OF PORT TOWNSEND JEFFERSON COUNTY SHERIFF'S OFFICE V: 2113.q-4 By: All le:,�,,,2— euro"City onager Date Joe N7riff Date APPROVED AS TO FORM: APPROVED AS TO FORM: A"Vwil lAoWl Heidi Greenw od, ity Attorney J es Kenna y,Prosecutor Exhibit A 2019 Deputy hourly OT$56.18 Benefits $8.99 Total hourly $65.17 Overhead (10%) $6.52 "vehicle hourly rate $10,37 TOTAL $82.06 2019 HOLIDAY hourly OT rate $74.90 Benefits $8.99 Overhead (10%) $6.52 Vehicle hourl rate 10.37 TOTAL $100.78 2020 Deputy Overtime hourly rate $ 57.17 Benefits S 11.43 Total Hourly $ 68.60 Overhead (10%) $ 6.86 "vehicle hiourl rate 1 .81 TOTAL $ 86.27 2020 Holiday overtime hourly rate $76.22 Benefits $11.43 Total hourly $87.65 TOTAL (with overhead and vehicle) $105.32 2021 Overtime hourly rate $58.31 Benefits $11.66 Total hourly $69.97 Overhead (10%) $7.00 Vehicle hourl I rats_ 11. D3 TOTAL $88.00 2021 Holiday;hourly overtime rate $77.74 Benefits $11.66 Totalhourly 9. 4 Total(with overhead and vehicle) $107.43 Exhibit "A" Deputy Overtime hourly rate 2016 $ 62.71 Benefits $ 8.67 Total Hourly $; 61.0 Overhead(10%) $ 6,13 Vehicle hourly rate* $830 TOTAL $ 76..73 *Vehicle hourly rate base on$17,400 annual ER&R costs divided by 2094 hours(average hours used per year)