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
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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
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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.
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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.
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By:_
ScottTassey, Cify Clerk-/"
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BY:
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ATTEST/AUTHENTICATED:
By:
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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.
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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