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HomeMy WebLinkAbout2021 Special Assault Investigations and Victim& 39 3GInterlocal Cooperation Agreement for S.A.I.V.S. – Page 1 AMENDED AND RESTATED INTERLOCAL COOPERATION AGREEMENT for KITSAP SPECIAL ASSAULT INVESTIGATIONS AND VICTIM’S SERVICES (KITSAP S.A.I.V.S.) THIS AMENDED AND RESTATED INTERLOCAL COOPERATION AGREEMENT is made and entered into by and between the undersigned members of Kitsap S.A.I.V.S., pursuant to provisions of the Interlocal Cooperation Act of 1967, Chapter 39.34 RCW. This Amended and Restated Agreement replaces all prior Interlocal Agreements for Kitsap SAIVS in their entirety. Definitions For the purposes of this Interlocal Cooperation Agreement, and all other agreements, contracts, and documents executed, adopted, or approved pursuant to this Agreement, the following terms have the meaning prescribed to them in this section unless the context of their use dictates otherwise: (1)“Member agency” means any public law enforcement or investigative agency which is a party or becomes a party to this Interlocal agreement and is a County, City, State or federally recognized Tribal law enforcement or investigative agency within the region. (2)“State” means the State of Washington. (3)“Region” means the territory physically lying within the boundaries of Kitsap County. (4)“Council” means the governing joint board of the Kitsap S.A.I.V.S. Center comprised of the head of each member agency, or the agency’s designee. (5)“Center” means the Kitsap S.A.I.V.S. center. (6)“Joint operating agreement” or “Agreement” or “ILA” means this Interlocal Cooperation Agreement executed by member agencies. (7)“Majority vote” means more than one-half of the votes cast when a quorum is present and must include at least one vote of a County law enforcement representative and at least one vote of the law enforcement representative from each of at least two separate cities. (8)“Quorum” means a majority of the member agencies. Recitals WHEREAS, the undersigned member agencies recognize the need and desirability for coordination, cooperation, and consultation among members to improve services provided to victims of domestic and sexual abuse, improve the quality of criminal investigations by DocuSign Envelope ID: F02A5FA2-9B43-4641-855A-9A9CA154983F Interlocal Cooperation Agreement for S.A.I.V.S. – Page 2 streamlining contacts with the victim, coordinate investigative needs, make more efficient use of limited resources, and establish a joint fundraising support network, thereby better serving our communities; WHEREAS, the undersigned member agencies believe that special assault investigations and victim services usually conducted by each member agency can be coordinated and combined, and duplication eliminated, in all or in part, by the creation and operation of a center where such activities can be performed through participation among member agencies; WHEREAS, chapter 26.44 RCW and chapter 74.34 RCW encourage the use of multidisciplinary teams to coordinate criminal cases involving children and vulnerable adults; and WHEREAS, the undersigned member agencies desire to establish a funding mechanism for the creation and operation of a center whereby certain of the functions of each member agency can be met more efficiently with regard to the needs of special assault criminal investigations and the needs of special assault victims. THEREFORE, in consideration of mutual promises and covenants, the undersigned members agree as follows: 1.ORGANIZATION, COMPOSITION AND NATURE The undersigned member law enforcement and investigative agencies, represented by the elected official and/or head of each member agency, constitutes the Council of Kitsap S.A.I.V.S.: Kitsap County Prosecuting Attorney, Kitsap County Sheriff, City of Bainbridge Island Police Department, City of Bremerton Police Department, City of Port Orchard Police Department, City of Poulsbo Police Department, the Department of Social and Health Services Child Protective Services (CPS), Naval Criminal Investigative Services, Kitsap County Clerk, and any other public agency that becomes a member agency by future vote of the Council. This Agreement does not create a separate legal or administrative entity. This joint operating agreement memorializes an unincorporated association of governments for purposes of collaboration between them, each exercising independent power, privileges, and/or authority in the performance of this Agreement. All persons performing activities pursuant to this Agreement shall remain employees of their member law enforcement and investigative agencies, and the acts of a person performing activities pursuant to this Agreement are the acts of such person’s employing member agency. The Council constitutes the joint board formed for the cooperative purposes described in this joint operating agreement. The affairs of the Council are governed by this Agreement and by the Council’s Bylaws and are otherwise limited only by limitations in the powers, privileges, or authority exercised or capable of exercise by a member agency. 2.AUTHORITY AND PURPOSES DocuSign Envelope ID: F02A5FA2-9B43-4641-855A-9A9CA154983F Interlocal Cooperation Agreement for S.A.I.V.S. – Page 3 The Council has the following authority and purposes: To act on behalf of member agencies to fund, establish, and operate a physical Center where certain functions of each individual agency can be met with regard to special assault criminal investigations and the needs of special assault victims, and to establish a funding mechanism to support the establishment and continued operation of the Center. 3.FUNDING The Council may apply for, accept, hold, invest, and administer any gifts, legacies, bequests, devises, funds, and property from public or private sources of any sort or nature, and may use and expend such funds and property to accomplish the purposes of this joint operating agreement. A member agency’s total financial contributions to Kitsap S.A.I.V.S. shall form the basis of their proportional contribution in the event of termination and disposal of assets. 4.SERVICE PROVISIONS Funds obtained by the Council for Kitsap S.A.I.V.S. shall be used solely for the purposes described in this joint operating agreement. All expenditures are subject to the review and approval of the Council, and periodic audits will be performed as prescribed by law. The Council will maintain records of Council meeting minutes. Records prepared, compiled, generated, or used of activities performed pursuant to this Agreement by member agencies shall be maintained by those member agencies. 5.FISCAL YEAR AND BUDGET The fiscal year coincides with the calendar year. The Council will adopt an annual work program and budget in advance of each fiscal year that identifies anticipated activities, goals, revenues and expenditures for completing the joint operating agreement. The Kitsap County Prosecuting Attorney shall administer the S.A.I.V.S. Fund in accordance with applicable laws, this Interlocal Agreement, and any other policies and procedures adopted by the Council. The Treasurer of Kitsap County shall be the custodian of funds made available for the purposes of this joint operating agreement, and the Treasurer may make payments from such funds upon audit by the appropriate auditing officer of the County. After the Council has approved the final budget, it is forwarded to Kitsap County for review and inclusion as a distinct agency fund within the Kitsap County Budget. No increase or decrease to Kitsap S.A.I.V.S.’s final budget shall occur without review and approval of governing authorities. No increase or decrease to the budget of a member agency shall occur without approval of the governing authority of the member agency. 6.PROPERTY Personal and real property contributed by a member agency to be utilized in performing the activities described in this Agreement shall remain the property of the agency that contributed the property. Property acquired with joint S.A.I.V.S. funds shall be held jointly by member agencies in proportion to their financial contributions to S.A.I.V.S. DocuSign Envelope ID: F02A5FA2-9B43-4641-855A-9A9CA154983F Interlocal Cooperation Agreement for S.A.I.V.S. – Page 4 7.DURATION/WITHDRAWAL FROM AGREEMENT This agreement shall continue in force until terminated by majority vote of the Council. Any member agency has the right to withdraw from this Interlocal Agreement by giving the Council six (6) months prior written notice. Unless otherwise provided by future agreement, any member agency that withdraws shall remain responsible for its financial and other obligations with regard to Council activities until the effective date of withdrawal and with regard to agreements to which the Council is a party which exist at the time of such notice of withdrawal. A member agency’s proportional contribution shall be determined as of the date the Council receives the withdrawing agency’s notice of withdrawal. It is within the discretion of the Council to delay payment of the withdrawing agency’s proportional contributions until termination of this agreement and disposal of Kitsap S.A.I.V.S.’ assets as more fully described elsewhere in this agreement. 8.DISPOSAL OF ASSETS Upon termination of this agreement any assets acquired for Kitsap S.A.I.V.S., after payment of all liabilities, costs, expenses and charges validly incurred under this agreement, shall be distributed to all member agencies in proportion to their contributions to Kitsap S.A.I.V.S. determined at time of termination. The debts, liabilities and obligations of the Center shall not constitute a debt, liability or obligation of any member agency. 9.DISPUTES Disputes between member agencies regarding interpretation of this Interlocal Cooperation Agreement or the functioning of Kitsap S.A.I.V.S. shall be resolved by submission to binding mediation. 10.MODIFICATION The Council may amend this Interlocal Cooperation Agreement. Amendments shall not be binding unless they are in writing and executed with the same formalities as used for the execution of this document. 11.GOVERNING LAW AND VENUE All member agencies expressly agree to submit to the jurisdiction of the Kitsap County Superior and District Courts. 12.SEVERABILITY If any provision of this Interlocal Cooperation Agreement is held invalid, the remainder of the Agreement, and the remaining rights and obligations of the undersigned members, shall be construed and enforced as if the Agreement did not contain the invalid part. DocuSign Envelope ID: F02A5FA2-9B43-4641-855A-9A9CA154983F Interlocal Cooperation Agreement for S.A.I.V.S. – Page 5 13.EFFECTIVE DATE This joint operating agreement shall take effect on the date executed by two or more member agencies. 14.ENTIRE AGREEMENT This Agreement constitutes the entirety of the agreement between the parties, and supersedes all prior agreements concerning the subject matter of this Agreement. No other agreement, representation, or understanding of any kind or nature, whether oral or written, whether actual or alleged, and whether arising or alleging arising before, during or after execution of this Agreement shall be binding upon any party, unless such is expressly set forth in a written amendment to this Agreement duly executed by the parties. 15.COUNTERPARTS; E-MAIL OR FACSIMILE TRANSMISSION The parties may execute this Agreement in multiple counterparts, each of which shall be deemed an original and all of which together shall constitute only one agreement. Further, delivery of a signed copy of this Agreement via e-mail or facsimile transmission shall be considered delivery of an original. Joseph Clark Chief of Police, City of Bainbridge Island Dated this ______ day of _______________, 2021 Jim Burchett Chief of Police, City of Bremerton Dated this ______ day of _______________, 2021 Matt Brown Chief of Police, City of Port Orchard Dated this ______ day of _______________, 2021 Ron Harding Chief of Police, City of Poulsbo Dated this ______ day of _______________, 2021 _______ Chad M. Enright Kitsap County Prosecuting Attorney Dated this ______ day of _______________, 2021 DocuSign Envelope ID: F02A5FA2-9B43-4641-855A-9A9CA154983F February24th Interlocal Cooperation Agreement for S.A.I.V.S. – Page 6 Gary Simpson Kitsap County Sheriff Dated this ______ day of _______________, 2021 _______________________________ Greg Wheeler Mayor, City of Bremerton Dated this _______ day of _______________, 2021 DocuSign Envelope ID: F02A5FA2-9B43-4641-855A-9A9CA154983F February24th