HomeMy WebLinkAboutJefferson County - Law Enforcement Services Agreement 2022INTERLOCAL AGREEMENT
BETWEEN JEFFERSON COUNTY
AND
THE CITY OF PORT TOWNSEND
FOR LAW ENFORCEMENT SERVICES
Preamble. This Interlocal Agreement between Jefferson County and the City of Port Townsend for
Law Enforcement Services (this Agreement) is made and entered into effective January 1, 2022,
by and between Jefferson County, (County) a political subdivision, and the City of Port Townsend,
a non -charter code city, (City) both entities duly organized and operating under and by virtue of
the laws of the State of Washington. The County and the City collectively are the "Parties."
Now, therefore, in consideration of the terms, conditions, covenants stated in this Agreement and
for the performance required below, the Parties agree as follows:
Section 1. Purpose and Limitation: The City desires to contract with the County by way of
Interlocal Cooperative Agreement pursuant to RCW 39,34.180 and RCW 10.93.130 for the
provision of Law Enforcement Services to the City.
Section 2. Authority: This Agreement is based upon the authority of RCW 10,93,13 , which
provides in relevant part as follows:
Under the interlocal cooperation act, chapter 34.30 RCW, any law enforcement
agency referred to by this chapter may contract with any other such agency and
may also contract with any law enforcement agency of another state, or such state's
political subdivision, to provide mutual law enforcement assistance. The agency
with primary territorial jurisdiction may require that officers from participating
agencies meet reasonable training or certification standards or other reasonable
standards.
Section 3. Definitions:
A. �A�t11c�7t. "Agreement" means this Interlocal Agreement between Jefferson County and the
City of Port Townsend for Law Enforcement Services.
B. City. "City" means the City of Port Townsend, Washington.
C. County. "County" means Jefferson County, Washington.
D. Law Enforcement Services. "Law Enforcement Services" means all services that are normally
performed by the Port Townsend Police Department from law enforcement to peace keeping
activities.
E. Parties, "Parties" means both the City and the County.
F. Party. "Party" means one of the Parties.
Section 4. County to Provide Law Enforcement Services for the City:
A. Through its Sheriff's Office, the County shall provide Law Enforcement Services within the
corporate limits of the City at the request of the City.
1. Law Enforcement 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 Police
Chief of the City under the laws of the State of Washington.
2. Law Enforcement Services shall include the enforcement of statues of the State of
Washington and the municipal ordinances of the City, as are enforced by the Sheriff within
unincorporated territory of the County and the Police Chief of the City.
Law Enforcement Services shall be provided by the employees of the Sheriff's Department
as specifically requested by the City. As of the date of this Agreement, Law Enforcement
Services shall be limited to patrol services and investigative services. The Parties agree
that the Sheriff and the Chief of the Police may, by written amendment, add Law
Enforcement Services s within the City's budget without seeking approval from their
respective legislative authorities.
4. Control of assigned deputies. Assigned deputies shall be under the operational control of
the City and shall proactively respond to City calls for service when assigned to the City.
Assigned deputies shall not work on County administrative work when assigned to the
City. The discipline of the officers, and other matters incident to the performance of such
Law Enforcement Services and the control of personnel so employed, shall remain in the
County. 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.
B. The City shall pay the County the "fully loaded" rate for the assigned deputy, which rate shall
be in accordance with the schedule at Exhibit A. Under no circumstances shall the City pay
amounts above those in 1"N'hi ;bit , even in the unlikely event that deputies already are receiving
County overtime,' 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 rate. Amounts
are to be paid within 30 days of the City receiving an invoice from the County.2
C. The City shall also pay the County those overtime expenses for assigned deputies related to
their service for the City, such as court appearances.
This language was added to address Heidi's comments in footnote 2, below.
z Heidi: "Are we paying 1.5 times about the deputy's overtime rate? We should never get a deputy assigned to the
city that is already on county overtime." RESPONSE: Agnew Section 4.A.4. was added to address this concern.
D. All persons employed in the performance of Law Enforcement Services and functions pursuant
to this Agreement for the City shall be County employees and not City employees.
E. For the purpose of performing Law Enforcement Services pursuant to the Agreement and only
for the purpose of giving official status to the performance thereof, every assigned deputy
engaged in performing any such service and function shall be deemed to be an officer or
employee of the City while performing Law Enforcement Services and is a municipal function.
The assigned deputy will report to the on -duty city supervisor or officer at the start of their
shift to receive any guidance or City pass-ons.
F. 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.
G. 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.
H. 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.
Section 5. Additional Terms and Conditions.
A. Relatioxiship of the Parties.
1. No agent, official, employee, servant, or representative of the City shall be deemed an
officer, employee, agent, servant or representative of the County for any purpose.
2. No agent, official, employee, servant or representative of the County shall be an officer,
employee, agent servant or representative of the City for any purpose, other than the
circumstances described in Section 4.F.
3. Nothing contained in this Agreement shall be considered as in any way constituting a
partnership between the City and the County.
4. The City is not required to nor shall it provide any benefits to the persons performing the
Law Enforcement Services, except as specifically provided in this Agreement.
B. Duration and Termination.
1. This Agreement shall be in force and effect on January 1, 2022, and shall remain in effect
(a) for a period of ten years; or (b) until the legislature amends RCW 39 34.03 _to affect the
relationship of the Parties pursuant to that law; or (c) until terminated by either Party as
provided for in Section 1 .2, whichever shall occur first.
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2 Either Party may terminate this Agreement, prior to its expiration, for cause, by providing
the other Party at least 90 days prior written notice.
C. No Third -Party Beneficiaries. There are no third -party beneficiaries of this Agreement.
D. Indemnification.
I. To the fullest extent allowed by law, the City will be solely and entirely responsible for its
acts/omissions and for the acts/omissions of its agents, employees, servants, or
representatives. To the fullest extent allowed by law, the County will be solely and
entirely responsible for its acts/omissions and for the acts/omissions of its agents,
employees, servants or representatives.'
2 Each Party agrees to defend and indemnify the other Party and its elected and appointed
officials, officers, employees and agents from and against all claims, losses, damages,
suits and expenses, including reasonable attorneys' fees and costs, to the extent they arise
out of the negligence or willful misconduct of the indemnitor or its elected or appointed
officials, officers, employees and agents in the performance of this Agreement. The indemnitor's
duty to defend and indemnify extends to claims by the elected or appointed officials, officers,
employees or agents of the indemnitor or of any contractor or subcontractor of indemnitor. The
indemnitor waives its immunity under Title 51 (Industrial Insurance) of the Revised Code of
Washington solely for the purposes of this provision and acknowledges that this waiver was
mutually negotiated.
3. In executing this Agreement, the County does not assume liability or responsibility for or
in any way release the City from any liability or responsibility that arises in whole or in
part from unenforceability or invalidity of City ordinances, rules or regulations. If any
cause, claim, suit, action or administrative proceeding is commenced in which the
enforceability and/or validity of any such City ordinance, rule or regulation is at issue, the
City shall defend the same at its sole expense and if judgment is entered or damages are
awarded on account of the unenforceability or invalidity of such City ordinance against
the City, the County, or both, the City shall satisfy the same, including all chargeable costs
and attorney's fees.
4. This provision shall survive the termination of this Agreement.
E. Non4'1'a naent, and Other Defaults. In the event of any default hereunder, upon thirty (30) days
written notice by the County to the City with regard to failure to make any payment required,
and in the event same shall not be cured within sixty (60) days, then the County shall be
entitled, without further notice or demand, to give notice of termination as set forth in Section
5_13 Duration and Termination, including any other remedy granted at law or in equity.
F. Disputes, Disputes shall be referred to the County Administrator and the City Manager for
settlement. If disputes are not resolved by the Parties within thirty (30) days of the referral,
unless the Parties agree to an extension of time, the dispute shall be referred to an arbitrator who
has been mutually agreed upon by the City and County. Or if they cannot agree to an arbitrator,
the Parties may apply to the presiding judge of the Jefferson County Superior Court for
appointment of an arbitrator. The arbitrator's decision shall be final and binding on both
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Parties; provided however, an arbitrator's decision may be appealed to Superior Court if it is
based on an error of law, is arbitrary and capricious, is not founded on substantial facts or
exceeds the authority of the arbitrator. Each Party shall pay one-half of the arbitrator's fee. If
mutual written consent to apply for the appointment of an arbitrator is not reached, either Party
may seek court action to decide the disputed contract provision.
G. Notice-, Any notice required to be given by either Party to the other shall be deposited in the
United States mail, postage prepaid, addressed:
To the County at:
The Jefferson County Commissioners' Office
P.O. Box 1220
Port Townsend, WA 98368
To the City at:
City Manager
250 Madison Street
Port Townsend, WA 98368
Or, at such other address as either Party may designate to the other in writing from time to
time.
All notices to be given with respect to this Agreement shall be in writing. Every notice shall
be deemed to have been given at the time it shall be deposited in the United States mails in
the manner prescribed herein. Nothing in this section shall be construed to preclude personal
service of any notice in the manner prescribed for personal service of a summons or other
legal process.
H. Etitire A, reernent. This Agreement constitutes the entire Agreement of the Parties and
supersedes all prior agreements, contracts, and understanding, written or oral. The Parties
agree that there are no other understandings, oral or otherwise, regarding the subject matter of
this Agreement. Any and all previous agreements, understandings, and the like, oral or
otherwise, are hereby revoked.
I. Headings. The headings of the sections of this Agreement are for convenience of reference
only and do not restrict, affect, or be of any weight in the interpretation or construction of the
provisions of the sections or this Agreement.
nstratctiotl of` Agrcctnent.,. The Parties negotiated this Agreement at arms -length, with the
assistance and advice of competent, independent legal counsel. In the event of a dispute
between the Parties as to the meaning of terms, phrases or specific provisions of this
Agreement, the authorship of this Agreement shall not be cause for this Agreement to be
construed against any Party nor in favor of any Party.
K. lixecuttioia, This Agreement is executed by each Party acting with authority granted, where
required, by its governing body. This Agreement may be executed in counterpart originals. A
copy of each such executed counterpart original shall be delivered to each Party upon that
Party's execution of a counterpart original.
L. Administration, This Agreement will be administered by the County. This Agreement does not
create any separate legal or administrative entity. However, nothing in this Agreement is
intended to prevent or otherwise interfere with discussions or decisions that may be made by
the Parties during the Annual Review. Further, the Parties understand and agree that there
will be communication between the Parties to effectuate the terms of this Agreement.
M.' o Joint Midget. This Agreement does not contemplate a joint budget.
N. Promily Aco uisition and leisnosition, This Agreement does not contemplate the joint
acquisition of property by the Parties. At termination, each Party will remain the sole owner of
its own property.
O. Apli able Law and Venue. The Parties signed this Agreement in the State of Washington.
The laws of the United States, the State of Washington, and the County of Jefferson govern this
Agreement, as if applied to transactions agreed upon and to be performed wholly within
Jefferson County, Washington between Jefferson County residents. No Party shall argue or
assert that any state law other than Washington law applies to the governance or construction
of this Agreement. The venue for any court action will be in Kitsap County Superior Court.
P. Nondiscrimination,
1. The Parties agree not to discriminate against any employee or applicant for employment
or any other person in the performance of this Agreement because of age, sex, marital
status, sexual orientation, race, creed, color, national origin, honorably discharged veteran
or military status, or the presence of any sensory, mental, or physical disability or the use
of a trained dog guide or service animal by a person with a disability as required by law,
or other circumstance prohibited by federal, state, or local law or ordinance, except for a
bona fide occupational qualification.
2. The Parties shall comply with all federal, state, or local laws, ordinances, rules, or
regulations with respect to nondiscrimination and equal employment opportunity
applicable to the work to be done under this Agreement.
3. Violation of this section shall be a material breach of this Agreement and grounds for
cancellation, termination or suspension, in whole or in part.
Q. Waivers. Failure to insist upon strict compliance with any terms, covenants or conditions of
this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment
of such right or power at any time be taken to be a waiver of any other breach.
R. Files. All files and other documents maintained by the County relating to this Agreement or
the Law Enforcement Services provided pursuant to this Agreement shall be the files of the
County. On request, such files will be made available for review by the City through its City
Attorney or other duly authorized representative during normal business hours.
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S, Records Retention. The Parties shall keep and maintain all records required by law in
connection with the performance of this Agreement.
V. Public records R t pests, The County shall be responsible for timely and adequately
responding to requests for records addressed to it under the Public Records Act. The City shall
be responsible for timely and adequately responding to requests for records addressed to it under
the Public Records Act.
W. Challenges. The entry into this Agreement shall not be construed to be a waiver or
abandonment of any defense or claim either party may have against the other notwithstanding
the entry into this Agreement.
x Miqual Objectives Each Party agrees to aid and assist the other in carrying out the objectives
of this Agreement.
Y. Authority. Each person who signed this Agreement acted with authority granted, where
required, by a governing body of a party.
(SIGNATURES ARE ON THE FOLLOWING PAGES)
JEFFERSON COUNTY BOARD OF
COMMISSIONERS
, Chair Date
�f
f f"SI AL
rf
^ /7A.?
Carolyn Ca oay dbatc
Clerk of the Board
Approved as ter°"form only.
March 3, 2022
Philip C. Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
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CITY OF PORT TOWNSEND
City Manager Date
t
I approve the above Interlocal Agreement Between Jefferson County And the City of Port Townsend
Regarding Law Enforcement Services
JEFFERS N COUNTY SHERIFF
7
J Nole, Sheriff
Date;
PORT TOWNSEND POLICE CHIEF
Thomas A. Olson, Chief of Police
Date:
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EXHIBIT "A"
2022 Regular Deputy Hourly OT: $63.56
BenefitsE449-0
Total hourly
$78.46
Overhead (10%)
$7.85
Vehicle hourly rate
$12,03
TOTAL
$98.34
(with vehicle, benefits and overhead)
2022 Holiday Deputy Hourly OT: $84.74
Benefits
14.1)(I
Total hourly
$99.64
Overhead (10%)
$9.96
Vehicle hourly rate
$12.03
TOTAL
$121.63
(with vehicle, benefits and overhead)
2023 Regular Deputy Hourly OT: $66.24
Benefits
I i 5.16
Total hourly
$81.40
Overhead (10%)
$8.14
Vehicle hourly rate
$12.46
TOTAL
$102.00
(with vehicle, benefits and overhead)
2023 Holiday Deputy Hourly OT: $88.32
Benefits
$15.16
Total hourly
$103.48
Overhead (10%)
$10.34
Vehicle hourly rate
.' 12.46
10
TOTAL $126.28
(with vehicle, benefits and overhead)
2024 Regular Deputy Hourly OT: $66.57
Benefits $15.20
Total hourly $81.77
Overhead (10%) $8.17
Vehicle hourly rate $12.83
TOTAL $102.77
(with vehicle, benefits and overhead)
2024 Holiday Deputy Hourly OT:
$88.76
Benefits
15.20
Total hourly
$ 103.96
Overhead (10%)
$ 10.39
Vehicle hourly rate 12.83
TOTAL $127.18
(with vehicle, benefits and overhead)
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