Loading...
City of Woodway Interlocal Agreement for Police Services 2018ILVIAVI THIS AMENDMENT No. 4 ("Amendment") is made and entered into as of the date set forth below between the City of Edmonds, a Washington municipal corporation ("Edmondsand the Town of Woodway, a Washington municipal corporation ("Woodway") (collectively "the Parties"). I R nual A. The Parties entered into an interlocal agreement dated December 19, 2014 ("ths Agreement"), under which the City of Edmonds agreed to provide certain police services to the Town of Woodway in exchange for payment of a specified monthly sum. 11651. Section I of the Agreement provided that the term of the Agreement would be from January 1, 2015 through December 31, 2017. C. Section I was amended in December 2017 (Amendment No. 1) to extend the expiration date of the Agreement to January 31, 2018, giving the parties additional time to negotiate the next agreement. Section I was amended again in January 2018 (Amendment No. 2) to extend the expiration date of the Agreement to March 31, 2018, again giving the parties additional time to negotiate the next agreement. The amount that Woodway pays Edmonds for police services under Section 6.1 was also amended in Amendment No. 2 to increase the payment during the extension period. D. The Parties later approved an additional extension of the Agreement through April 2018, to allow time for the Parties to continue negotiating tenns of a new interlocal agreement. E. The Parties have now approved a new interlocal agreement that will take effect on January 1, 2019. F. The Parties would like to allow an additional extension of the current Agreement through December 2018, to allow time for the Parties to prepare to transition to the new service level on January 1, 2019. G. The Parties therefore desire to amend the Agreement to clarify this change to its terwis. NOW, THERFFORE, in consideration of the mutual benefits herein contained, the Parties hereby agree as follows: 1 The first sentence of Section I of the Agreement is hereby amended to read as follows: Amendment No. 4 to Woodway Police Services Interlocal Agreement Page I of 2 0 0 lq- 5--13- 16 q,Z6,1g, -to 2. All other terms of the Agreement shall remain in full force and effect except as amended by this Amendment. If a conflict arises between the terms of this Amendment and the Agreement, the terms of this Amendment shall control. IN WITNESS WHEREOF, the Parties have executed this Amendment as of the day and year written below. EXECUTED this �day of April, 2018. CITaYF EDMONDS TOWN,0F WOODWAY Mayor David 0. Earling 'Mayor Carla A. Nichols( ATTEST/AUTHENTICATED- ATTEST/AUTHENTICATED: By: By: Scott Passey, CJ lerk He di 6K poUtino, Clerk -Treasurer Amendment No. 4 to Woodway Police Services Interlocal Agreement ["age 2 of 2 AMENDMENT NO. 3 TO THE IVAYM312i I hNn IRMWOU 1.16111111116111 W-111,411, [Wa U11 MIN W1101 RATA I THIS AMENDMENT No. 3 ("Amendment") is made and entered into as of the date set forth below between the City of Edmonds, a Washington municipal corporation ("Edmondsand the Town of Woodway, a Washington municipal corporation ("Woodway") (collectively "the Parties"). rlqxlff� A. The Parties entered into an interlocal agreement dated December 19, 2014 ("the Agreement"), under which the City of Edmonds agreed to provide certain police services to the Town of Woodway in exchange for payment of a specified monthly sum. B. Section I of the Agreement provided that the term of the Agreement would be from January 1, 2015 through December 31, 2017. C. Section I was amended in December 2017 (Amendment No. 1) to extend the expiration date of the Agreement to January 31, 2018, giving the parties additional time to negotiate the next agreement. Section I was amended again in January 2018 (Amendment No. 2) to extend the expiration date of the Agreement to March 31, 2018, again giving the parties additional time to negotiate the next agreement. The amount that Woodway pays Edmonds for police services under Section 6.1 was also amended in Amendment No. 2 a increase the payment during the extension period. D. While the Parties have been in negotiations for a successor interlocal agreement to the Agreement, and while progress is being made, it has become clear that a successor agreement cannot be reached by March 31, 2018, the end of the Agreement term. 1 1 11 1 I U107MANJURWI WWI interlocal agreement. F. The Parties therefore desire to amend the Agreement to clarify this change to its terms. NOW, THEREFORE, in consideration of the mutual benefits herein contained, the Parties hereby agree as follows: 1. The first sentence of Section I of the Agreement is hereby amended to read as follows: THIS AGREEMENT for Police Services ("Agreement") shall have a term commencing on January 1, 2015 and expiring on April 30, 2018. Amendment No. 3 to Woodway Police Services Interlocal Agreement Page 1 of 2 I All other terms of Agreement shall remain in full forceis effect except amended by this Amendment. If a conflict arises between the terms of this Amendment and the Agreement, the terms of this Amendment shall control. CITY F TOWN OF WOODWAV a By: B Mayor David O. Earling ayor Carla A. Nichols By: Office of the City Attorney Page 2 of 2 THIS AMENDMENT No. 2 ("Amendment") is made and entered into as of the date set forth below between the City of Edmonds, a Washington municipal corporation ("Edmonds"), and the Town of Woodway, a Washington municipal corporation ("Woodway") (collectively "the Parties"). A. The Parties entered into an interlocal agreement dated December 19, 2014 ("the Aireementunder which the Citj of Edmonds i few i UN K0,25 i I on NNY =0 i I - Am I r, I I 1!-j III Lij a Ig B. Section I of the Agreement provided that the term of the Agreement would be from January 1, 2015 through December 31, 2017. C. Section I was amended in December 2017 to extend the expiration date of the Agreement to January 31, 2018, giving the parties additional time to negotiate the next agreement. D. While the Parties have been in negotiations for a successor interlocal agreement to the Agreement, it has become clear that a successor agreement cannot be reached by January 31, 2018, the end of the Agreement term. E. The Parties would like to allow an additional extension of the Agreement through March 2018, to allow time for the Parties to continue negotiating an agreement on a new interlocal agreement. F. The Parties therefore desire to amend the Agreement to clarify this change to its terms. The first sentence of Section I of the Agreement is hereby amended to read as follows: THIS AGREEMENT for Police Services ("Agreement") shall have a three (3) year term commencing on January 1, 2015 and expiring on March 31, 2018. III•1111FIR NIFFIFITTIFIR11 IIIIIIIII III IIIIIIIIII PITI111111111I elm, Amendment No. 2 to Woodway Police Services Interlocal Agreement -"2b � %3 Page I of 2 J.3 0 71 7 6.1 Beginning February 1, 2018, Woodway shall pay to Edmonds the sum of $4,166.66 per month for the services provided by Edmonds under the terms of this Agreement, which sum shall include a maximum of ten (10) calls per month. Services for additional calls beyond the first ten shall be assessed at a flat rate of $100.00 per fifteen (15) minute increment for the Edmonds officer's time based on the nearest 15 minute increment of time spent on the call. This flat rate shall be in effect for the entire term of the Agreement. 3. All other ternis of the Agreement shall remain in full force and effect except as amended by this Amendment. If a conflict arises between the terms of this Amendment and the Agreement, the terms of this Amendment shall control. IN WITNESS WHEREOF, the Parties have executed this Amendment as of the day and year written below. 0 EDMO DS orl)a id 0- Earling ATTEST/AUTHENTICATED: By: S tI y, City 4CIr TOW OODWAY B Y: a yr Carla A. Nichols c ATTEST/AUTHENTICATED: Ila APP AS TO FORM: APPROVED AS FORM, By: Office of the City Attorney kmendment No. •2 to Woodway Police Services Interlocal Agreement r"age 2 of 2 AMENDMENT NO. I TO THE INTERLOCAL WASHINGTON AND TOWN OF WOODWAY, WASHINGTON FOR POLICE SERVICES THIS AMENDMENT " No. l ("Amendment") is made and entered into as of the date set forth below between the City of Edmonds, a Washington municipal corporation ("Edmonds"), and the Town of Woodway, a Washington municipal corporation (" oodway") (collectively "the Parties"). RECITALS A. e Parties entered into an interlocal agreement dated December 19, 2014 ("the Agreement"), under which the City of Edmonds agreed to provide certain police services to the Town of Woodway in exchange forpayment of a specified monthly sum, B. Section I of the Agreement provides that the term of the Agreement will be from January 1, 2015 through December 31, 2017. . While the Partieshave been in negotiations for a successor interlocal agreement to the Agreement, it has become clear that a successor agreement cannot be reached by December 31, 2017, the end of the Agreement term. D. The Parties agree to a one -month extension of the Agreement, with all of the terms of the Agreement remaining in place through January 2018, to allow time for the Parties to -reach an agreement on a newiterlocal agreement. E. The Parties therefore desire to amend the Agreement to clarify this change to its terms. NOW, THEREFORE, in consideration of the mutual benefits herein contained, the Parties hereby agree as follows: I. The first sentence of Section 1 of the Agreement is hereby amended to read as follows: IS AGREEMENT for Police Services ("Agreement") shall have a three (3) year term cornmencing on January 1, 2015 and expiring on January 31, 2018. 2s All other terms of the Agreement shall remain in full force and effect except as amended y this Amendment. If a conflict arises between the terms of this Amendment and the Agreement, the terms of this Amendment shall control. Amendment No. I to Woodway Police Services Interlocal Agreement Page I of 2 =ro , IN WITNESS WHEREOF, the Parties have executed this Amendment as of the day and year written below. EXECUTED this -/""-day of December, 2017. MDMMMEM�� - - 1- - rw to I NO - _4 By:_ ScottTassey, Cify Clerk-/" not simlerdVal L1,10191 (e, 2—L BY: —CAV-L'A A ATTEST/AUTHENTICATED: By: 0 C Ile" Amendment No. I to Woodway Police Services Interlocal Agreement Page 2 of 2 AGREEMENT FOR POLICE SERVICEIS PURSUANT TO THE INTERLOCAL COOPERATION ACT CHAPTER 39.34 RCW WHEREAS, the City of Edmonds, Washington is an optional code city constituted in zccordance with the provisions of Title 35A of the Revised Code of Washington; and WHEREAS, the Town of Woodway is a Town organized pursuant to certain provisions *f Title 35 of the Revised Code of Washington; and WHEREAS, Chapter 39.34 of the Interlocal Cooperation Act authorizes public agencies, including municipal corporations, to exercise their respective powers and any power capable of being exercised by either party pursuant to an interlocal agreement; and WHEREAS, the City Council of the City of Edmonds and the Town Council of the Town of Woodway deem it to be in the public interest to enter into an interlocal agreement for the [provision of police services in accordance with the terms and conditions set forth therein; and NOW, THEREFORE, in consideration of the promises set forth in this interlocal agreement and the mutual benefits to be derived, the City of Edmonds, Washington, (hereinafter "Edmonds") and the To of Woodway, (hereinafter "Woodway") have entered into this interlocal agreement in accordance with the provisions set forth below: 1. TERM THIS AGREEMENT for Police Services ("Agreement") shall have a three (3) year to commencing on January 1, 2015 and expiring on December 31, 2017. 1.1 This Agreement may be terminated by either party without cause by the provision of ninety (90) days written notice addressed to the respective City or Town Clerk, at his/her regular business address. 1.2 This Agreement may be terminated by either party for cause if, but only 11 1.2.1 Prior written notice of an alleged breach of the terms of the Agreement is provided to City or Town Clerk; and 1.2.2 The breach is not cured within 48 hours of the actual receipt of the written notification of breach. ["IMMATA [V X%V 1111 Ili THIS AGREEMENT does not create a separate entity for the provision of services. Rather it is the intent of the parties that Edmonds shall provide back-up police services as described herein when a Woodway officer is not on duty or is otherwise unavailable to respond to the call. In such event, the Southwest Snohomish County Communications Agency ("SNOCOM") shall dispatch an Edmonds officer in or on an appropriate vehicle and with appropriate back-up when needed for: 2.1 All priority one (1) in -progress calls, which currently include, but are not limited to, abduction, bank alarm, robbery hold-up alarm, assault, assault with weapon, burglary, fight with weapon, hostage situation, prowler, rape, robbery and strong-arm robbery; and/or 2.2 Priority two (2) in -progress calls, which currently include, but are not limited to, theft, threats to life or property, residential alarms, panic alarms, suspicious persons, suspicious circumstances, traffic accidents, and 911 hang-up calls. 2.3 Priority one and priority two calls shall be defined in accordance with the definition established for such calls by SNOCOM, such definitions to be incorporated by this reference as fully as if herein set forth. The determination of SNOCOM regarding the characterization of any call shall be final and determinative. 2.4 If a Woodway police officer is on regular scheduled duty and back-up is required, the Edmonds police department will continue to assist, if an officer is available, at no charge, in accordance with other existing mutual aid agreements. Ulf a TIMT-MM am, IMEMR= 111=111111 IIIIII11111 Jill 1��I �� =� MWf. . f 121 �•=M�� 3.2.1 Provide any follow-up investigation, report or action required relative to an assault, burglary or crime with possible suspects by call -out of a Woodway police officer. 3.2.2 Provide any crime scene investigation regarding burglaries, multiple property crimes, • accidents, or similar events • a serious • felonious nature. N 3.2.3 Call out an officer to provide service in the event that arrest and booking of frequired.••f police department citation• be used and an "assist other agency" report and statement prepared. If no Woodway police department officer is reasonably avr - an Edmonds. • • be used. In such event, the Edmonds police department policy regarding issuance of citations on state charges shall be followed. 3.2.5 Refer juveniles to the Wooday police department for processing, including appropriate report and referral. 4.1 The Edmondsand Woodway Police D.I. of Police, or designees, shall act as administrators of this Agreement for purposes of RCW 39.34.030. 4.2 A written report shall be provided by Edmonds regarding all calls to which a Edmonds officer is dispatched. I • •191 11fVMVIf •• a - ` No Special Duty or Third Party Right Created. The parties understand and agree that in the event of an emergent situation in Edmonds, services under this Agreement may be delayed or suspended. Nothing herein shall be interpreted to create any third party right, nor is any special duty to any third party, private party, person or entity created as a result of this Agreement. 6.1 Woodwaypay to Edmonds the sum of 1r1 11 per • for " services provided by Edmonds under the terms of this Agreement, which sum shall include a maximum of ten (10) calls, for the first year of this Agreement. For the second and third years, this Seattle - Tacoma -Bremerton. - •r additional calls beyond the first tenbe " -f at . flat rate of 11 i1' per -- - increment forthe Edmonds • . . based on nearest 15 minute increment of r on the call. This flat rate shall be in effect entire term of • 6.2 If a call requires• - than one f • f officer to respond, and that additional • on ••f of - from - of additional cost will be assessed for police servicesthe flat rate of r it it per fifteen (15) minute increment for ff r • based on f f •fficer's unit history will be used for the record for time spent in Woodway. 0 6.3 Edmonds shall provide a detailed quarterly billing which shall include at a minimum the Edmonds police department case number and the date of the incident. Payment shall be remitted within 30 days of billing. In the event of a dispute regarding billing, the parties agree to submit the dispute to binding arbitration or such other form of alternative dispute cesolution (mediation) as the parties shall approve. Edmonds shall provide services through use of its own vehicles and equipment and be responsible for all costs associated therewith, including but not limited to damage from any kind or nature and normal wear and tear. Edmonds shall also utilize its own reports and forms with the exception of citations as herein provided. Edmonds citations shall only be used when no Woodway citations are reasonably available. 8.1 Edmonds shall indemnify and hold harmless Woodway, its officers, agents and employees from any claim, cause or liability of any kind or nature whatsoever arising from or out of the negligence or wrongful tortious act of an Edmonds officer or employee in the provision of services under this Agreement by Edmonds officers. This promise to indemnify and hold harmless shall include a waiver of the immunity provided by Title 51 RCW, to, but only to the extent necessary to fully effectuate its promise. 8.2 Woodway shall indemnify and hold harmless Edmonds, its officers, agents and employees from any claim, cause or liability of any kind or nature whatsoever arising from or the jxq"#-rk of services under this Agreement by Woodway officers. This promise to indemnify and hold harmless shall include a waiver of the immunity provided by Title 51 RCW, to, but only to the extent necessary to fully effectuate its promise. 8.3 In the event of a claim, loss or liability based upon the alleged concurrent or joint negligence or tortious act of the parties, the parties shall bear their respective liability, including costs, in accordance with an assignment of their respective liability established in accordance with the laws of the State of Washington. Edmonds and Woodway recognize and agree that each is an independent governmental entity. Except for the specific terms herein, nothing herein shall be construed to limit the & mvirr"I -6 'fit"fiAw *f '"Mkquil�w5 V-t and without limiting the foregoing, 41 Edmonds shall have the sole discretion and the obligation to determine the exact method by which the services are to be provided unless otherwise stipulated within this Agreement. Neither _" "'i-, wwo- et forth herein or as reauired by law, shall be liable M 10.1 All notices, demands, requests, consents and approvals which may, or are required to be given by any party to any other party hereunder, shall be in writing and shall be deemed to have been duly given if delivered personally, sent by facsimile, sent by nationally recognized overnight delivery service, or if mailed or deposited in the United States mail, sent by registered or certified mail, return receipt requested and postage prepaid to: MMMMOSIFAr s M City Clerk City of Edmonds 121 5th Avenue of Edmonds, WA 98020 Clerk Treasurer Town of Woodway 23920 113 Pl. W Woodway, WA 98020 AND Chief of Police City of Edmonds Police Department 2505 Ih Avenue N Edmonds, WA 98020 AND Chief of Police Town of Woodway Police Department 23920 113 PI. W. Woodway, WA 98020 Or, to such other address as the parties may from time to time designate in writing and deliver in a like manner. All notices shall be deemed complete upon actual receipt or refusal to accept delivery. Facsimile or electronic mail transmission of any signed original document and retransmission of any signed facsimile or electronic mail transmission shall be the same as delivery of an original document. 10.2 Otha Cooperativg Akgoipe99eMm9eqtts�. Nothing in this Agreement shall preclude the parties from entering into contracts for services in support of this Agreement. 10.3 Publiq � Duty Doctritie. This Agreement shall not be construed to provide any benefits to any third parties. Specifically, and without limiting the foregoing, this Agreemeni shall not create or be construed as creating an exception to the Public Duty Doctrine. The parties shall cooperate in good faith and execute such documents as necessary to effectuate the purposes and intent of this Agreement. 10.4 Entire Ament. This is the entire agreement between the parties. Any prior understanding, written or oral, shall be deemed merged with its provisions. This Agreement shall not be amended except in writing with the express written consent of the City Council and Town Council of the respective parties. R 10.5 Jurisdiction and Venue. Jurisdiction and venue for this Agreement lies exclusively in Snohomish County, Washington. EXECUTED this —/? day of 2014, CITY OF E MO By: 17 yvor David 0. Earling ATTESPAUTHENTICATED By: R9 4r as �v� ity— - i Sco assey, ity-CIV M TOWN OF WOODWAY By: ayor rla A. Nichols ATTEST/AUTHENTICATED Bielefeld, rkkeasurer By: �01