In Service Training Session for Law Enforcement Interlocal Agreementof f D%
C� tea.
CONTRACT ROUTING FORM
No.
(City Clerk Use Only)
Z Originator: Chief of Police Al Compaan Routed by: Marlene Eager
Department/Division:
P
Police Department Date: 10/21/2015
a
Name of Consultant/Contractor:
wCONTRACT TITLE:
❑ _` I nterlocal Government Agreement Regarding In -Service Training Sessions
Type of Contract:71 (GR) Grants (1) Intergovernmental Agreement ❑ (L) Lease Agreement
Z
❑ (S) Purchase of Services (W) Public Works ❑ tO) Other
W
Z Bid/RFP Number:
O
U Effective Date: Completion Date:
F-
L) Has the original City contract boilerplate language been modified? Oyes i No
H If yes, specify which sections have been modified:
p Description In -Service police skills training with 11 cities and tulalip Tribal Police partnering together under the auspices
U of Services: of the Everett Police Department
Total Amount of Contract:
Budget #
Amount:
J
Budget # Amount:
W
QBudget # Amount:
QAre there sufficient funds in the current budget to cover this contract? (�D Yes O No
Z Remarks: g p y beginning y
u. Renewal of existing ILA. Edmonds share of the cost is $1,200 per year be innin 1/1/2016 with a 6 year term.
The cost us built into the 2016 budget under Police Services - Training.
Authorization Level: Council
W
1. Project Manager
�- 2. Risk Management/Budget
Z 3. City Attorney =
4. Consultant/Contractor
L] 5. Other _
❑✓ 6. City Council Approval
Date (if applicable)
7. Mayor
0 8 City Clerk
10/20/2015
Ip / 15
INTERLOCAL GOVERNMENT AGREEMENT REGARDING IN-SERVICE TRAINING
SESSIONS
THIS AGREEMENT is made and entered into this day of_ 2.015. by the
following governmental entities ("Participating Entities") ("Parties"):.
City of Arlington
City of Bothell
City of Brier
City of Edmonds
City of Everett
City of Lake Stevens
RECITALS:
City of Lynnwood
City of Mill Creek
City of Monroe
City of Mountlake Terrace
City of Mukilteo
Tulalip Tribal Police
WHEREAS, This Agreement is made pursuant to the Interlocal Cooperation Act, Chapter 39.34
RCW. RCW 39.34 permits one or more public agencies to contract with any one or more other
public agencies to perform any governmental service, activity, or undertaking which each
agency is authorized by law to perform; and
WHEREAS, the Participating Entities comprise the Snohomish County Regional Training Group
and are empowered by law to train their law enforcement personnel; and
WHEREAS, the Participating Entities conduct regular in-service training sessions on various law
enforcement topics; and
WHEREAS, the City of Everett Police Department is typically the host of the regular in-service
training sessions, and has incurred and will incur costs associated with these regular in-service
training sessions, including but not limited to, miscellaneous expendable goods, wear and tear
on equipment, and use of facilities; and
WHEREAS, other Participating Entities may host the regular in-service training sessions at
future times; and
WHEREAS, it is appropriate that all of the Participating Entities share in the costs associated
with hosting, conducting, and participating in the regular in-service training sessions:
NOW, THEREFORE, in consideration of covenants, conditions, performances and promises
hereinafter contained, the parties agree as follows:
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INTERLOCAL AGREEMENT FOR IN-SERVICE TRAINING SESSIONS I
2015 Interlocal Agreement revised 9-17-15
1.0 Payment
The undersigned Participating Entities shall contribute fees at the rates indicated below*
per year toward paying for the costs of instructors, classes and certifications, equipment wear
and tear, and expendable items used in the regular in-service training sessions: Payment for
the year 2016 shall be paid to the City of Everett as custodian of the funds on or before January
31, 2016. Subsequent payments shall be made on or before January 31 of each year
thereafter, and shall be payable to the City of Everett as custodian of the funds until notice of a
change of custodian is given in accordance with Section 4 below.
*Participating Entities shall contribute fees at a rate commensurate to the number of sworn
officers in the agency.
Less than 50 officers $800.00 per year
50 — 100 officers $1200.00 per year
Over 100 officers $1600.00 per year
The annual contribution entities each Participating Entity to have officers attend the regular
training sessions.
2.0 Scope of Services
2.1 Until notice of a change is given, in accordance with Section 4 below, the Everett
Police Department shall coordinate the facilities necessary to conduct regular in-
service training sessions. The Everett Police Department shall schedule regular
in-service training sessions on various law enforcement -related topics, and shall
give reasonable prior notice to each Participating Entity of the date, time and
place where each training session will be held, and the nature of the topic for
each regular training session.
2.2 Training for Participating Entities' personnel shall be jointly provided by the law
enforcement personnel of the Participating Entities.
3.0 Effective Date and Term
The initial term of this Agreement shall commence on January 1, 2016, and it shall continue in
effect through December 31, 2021, unless sooner terminated as provided under this agreement.
Thereafter, this Agreement shall automatically renew and continue on a year-to-year basis, until
terminated as provided under this Agreement.
INTERLOCAL AGREEMENT FOR IN-SERVICE TRAINING SESSIONS
2015 Interlocal Agreement revised 9-17-15
4.0 Changes
4.1 This Agreement may be modified by mutual agreement of the Participating
Entities. No such amendment shall be effective until it is reduced to writing and
signed by all Participating Entities with the same formality as this Agreement.
4.2 The fund custodian and regular in-service training site may be changed by
majority agreement of the Participating Entities without modifying this Agreement,
but with reasonable notice to all Participating Entities.
5.0 Waiver
No waiver by any party of any term or condition of this Agreement shall be deemed or construed
as a waiver of any other term or condition, nor shall a waiver of any breach be deemed to
constitute a waiver of any subsequent breach, whether of the same or of a different provision of
this Agreement.
6.0 Allocation of Liability/Insurance
6.1 Each Participating Entity shall be responsible for the conduct and liability of its
own personnel in the performance of this Agreement. Each Participating Entity
agrees to save, indemnify, defend and hold the other Participating Entities
harmless from any allegations, complaints, or claims of wrongful or negligent acts
or omissions, by said Participating Entity and/or its elected officers, agents, or
employees. In the case of allegations, complaints, or claims against more than
one Participating Entity, any damages allowed shall be levied in proportion to the
percentage of fault attributable to each Participating Entity, and each
Participating Entity shall have the right to seek contribution from the other
Participating Entities in proportion to the percentage of fault attributable to each
other Participating Entity. A Participating Entity that has withdrawn from the
agreement assumes no responsibility for the actions of the remaining members
arising after the date of withdrawal, but shall remain liable for claims of loss or
liability arising prior to the effective date of withdrawal.
6.2 Each Participating Entity shall maintain appropriate insurance coverage for the
activities occurring under this Agreement, including but not limited to personal
injury, death and property damage limits of not less than $1,000,000 (one million
dollars) per occurrence, or provide proof of self-insurance or of participating in an
insurance pool acceptable to the city.
6.3 This Section 6 shall survive termination of this Agreement.
INTERLOCAL AGREEMENT FOR IN-SERVICE TRAINING SESSIONS
2015 Interlocal Agreement revised 9-17-15
7.0 Legal Requirements
The Participating Entities shall comply with all applicable federal, state and local laws in
performing this Agreement.
8.0 Termination and Notice
8.1 Any Participating Entity may terminate or suspend its participation in this
Agreement, with or without reason, by providing written notice to the other
Participating Entities at least thirty (30) days prior to the effective date of any
such termination or suspension.
Receipt of any notice shall be deemed effective three (3) days after deposit of
written notice in the U.S. mail with proper postage and address.
8.2 Termination shall not relieve a Participating Entity of its obligations as set forth in
Section 6 and shall not entitle it to any refund of the payments made pursuant to
Section 1, prior to the effective date of termination.
9.0 Governing Law - Entire Agreement - Severabilit
This Agreement shall be governed by the laws of the State of Washington, as to interpretation
and performance. Any action hereunder may be brought only in the Superior Court of
Washington for Snohomish County. This Agreement constitutes the entire agreement of the
parties. Should any part, term or provision of the Agreement be determined by a court of
competent jurisdiction to be invalid, the remainder of the Agreement shall not be affected, and
the same shall continue in full force and effect.
10.0 Agreement — Amendment
This Agreement contains the terms and conditions agreed upon by the Participating Entities.
The Participating Entities agree that there are no other understandings, oral or otherwise,
regarding the subject matter of this Agreement. This Agreement may only be amended by
written instrument executed by the Participating Entities.
11.0 Execution of Multiple Counterparts
This Agreement and any Amendment thereto, may be reproduced in any number of original
counterparts. Each participating agency need sign only one counterpart and when the signature
pages are all assembled with one original counterpart, that compilation constitutes a fully
executed and effective agreement among all the participating agencies.
INTERLOCAL AGREEMENT FOR IN-SERVICE TRAINING SESSIONS
2015 Interlocal Agreement revised 9-17-15
12.0 Recording
As required by RCW 39.34.040, this Agreement shall be filed with the County Auditor, or,
alternatively, posted on the website of each party.
13.0 No joint venture.
Nothing contained in this Agreement shall be construed as creating any type or manner of
partnership, joint venture or other joint enterprise between the parties (Participating Entities).
Participating Entity employees who provide services under this Agreement shall at all times be
considered employees of their respective Participating Entity and acting in their official
capacities as employees of their respective Participating Entity. All rights, duties, and obligations
of the employer and the employee shall remain with the individual jurisdiction/Participating
Entity. Each Participating Entity shall be responsible for ensuring compliance with all applicable
laws, collective bargaining agreements, and/or civil service rules and regulations, with regard to
its employees.
The parties agree that no separate legal administrative entities are necessary in order to carry
out this Agreement. If determined by a court to be necessary for the purpose of the Interlocal
Cooperation ACT, Ch. 39.34 RCW, an administrator or joint board responsible for administering
the Agreement will be established by mutual agreement. Any real or personal property used by
the parties in connection with this Agreement will be acquired, held and disposed of by that
party in its discretion, and other parties will have no joint or other interest herein.
14.0 Liability/ No Third Party Beneficiaries
This Agreement is for the sole benefit of the Participating Entities and shall not confer third -party
beneficiary status on any non-party to this Agreement. No liability shall attach to any of the
parties by reason of entering into this Agreement except as expressly provided herein. None of
the parties to this Agreement assume any duty to any third party.
INTERLOCAL AGREEMENT FOR IN-SERVICE TRAINING SESSIONS
2015 Interlocal Agreement revised 9-17-15
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year
first above written.
CITY OF EVERETT
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Ray StephOon, Mayol
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Clerk
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Partici a ng En U.
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ATTEST
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APPROVED AS TO FORM. APPRO ❑ AS TO FORM:
By:
Exhibit A
List each Participating Entity's contact person and address for notice purposes. (see attached)
INTERLOCAL AGREEMENT FOR IN-SERVICE TRAINING SESSIONS
2015 Interlocal Agreement revised 9-17-15
Date:
To:
From:
Subject:
MEMORANDUM
February 9, 2016
Linda Hynd, Deputy City Clerk
Marlene Eager
Interlocal Agreement for Regarding In -Service Training Sessions with the
City of Everett
Good Morning Linda:
Enclosed is a copy of the ILA regarding In -Service Training sessions with the City of Everett.
This ILA was approved by the City Council and has been signed by the appropriate officials of
both Edmonds and Everett.
The City of Everett has sent the ILA to us to complete our files. In my conversation with Alicia
Hammond in Everett, she indicated that she would forward the remaining signature pages once
she has all of the copies.
Please contact me should you have any questions.
Sincerely,
2h4d4'0�
Marlene Eager
Administrative Assistant
City of Edmonds Police Department