The URL can be used to link to this page

Home My WebLink About4631 Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 4631 KITSAP CO TRAFFIC SAFETY TASK FORCE Mutual Aid & Establish Traffic Safety Task Force Police LEG 12-1 OS/22/2007 12/31/2011 11/01/2011 Begin date reflects City signatures Fully executed Agreement recorded 7/24/07 KITSAP COUNTY SWERIFFS OFFICE 200701240048 Rsreement Ree Fee: $ 54.00 Page: 1 of 15 07/24/2007 10:01 AM . ~mlillll i\\I~~~ lll~fllliliill llrul ~1If11Ii~lI\ Illlt 11111111111111111111 1111111111111 RETIJRN TO: KlTSAP COUNTY TRAFFIC SAFETY TASK FORCE c/o Kitsap County Sheriffs Office 614 Djvision, MS-37 Port Orchard, W A 98366 INTERLOCAL AGREEMENT FOR MUTUAL AID AND E TRAFFIC SAFETY TASK FORCE WHEREAS, tire Kitsap County Sheriff's Ollie 0\ e Department, Bremerton Police Department, Poulsbo Police Dep an~ISland Police Department ("parties") desire to participate in the ' 'tsap COlm raffic Saf~ty Task Force ("Task Force") for the purpose of providin utuallaw e rcement assistance in order to target, and apprehend individuals who co . traffic' tions and offenses in general. and, in particular, individuals who commit . actions such as driving under the influence, speeding, occupant tection and un erage drinking; and w enforcement agencies within Kitsap uch a Task Force is possible by virtue cy," has the same meaning as "primary commissioning 10.93.020(8). . ffective Date. Duration. This Agreement shall become effective e happening of each of the following events: roval by the Kitsap County Sheriff; a val by the governing bodies of each party; and filing of this Agreement with the Kitsap COWlty Auditor. Page 1 of 11 This Agreement will be in effect for a period of approximately four years from its effective date and will terminate according to the provisions of Section 5, herein. Section 2: SeoDe. Parties to this Agreement will each provide law e personnel for Task Force emphasis operations within targeted areas as set fo Attachment 1, incorporated by reference herein. The areas selected for s operations at any particular time during the term of this Agreement s13 \,Je deL~ by the joint administrative board. ,~___j Section 3: Purpose. The purpose of this Agreement enforcement assistance in order to apprehending individuals w infractions and who drive 1ID.der the influence, drink: d a e, sp commit occupant protection offenses within speci y targeted No separate legal entity is created by this Agreem Section 4: Financinl!. Consistent with Se 9, her . ; ach participating agency shall bear the financial responsibility for each 1 oyees who participate in the Task Force, whether those employee eace officers or administrative employees, including but not limited to, salary, benefi worker's compensation insurance. Section 5: Termination. This unless an earlier termination date is a party wishes to terminate its ~cipa . 90 days' prior natice in writing, h p terminate on December 31,2011 . ting by all parties. If any particular . s Agreement, that party must provide . s Agreement. greemefit shall be a~stered by a joint heriff and the Chiefs of Police for the cities of d and Poulsbo, or their respective delegates. ratI . When Task Force emphasis operations are scheduled. dina: by an employee holding a rank of sergeant or higher osti a cy. Unless an action taken by an officer assigned to the tlya "buted to the direction and control of the hosting agency's ns officer will be considered actions by that officer, acting ectio d control of that officer's participating agency and accordffig to that agenc ' policies and procedures, and no allocation ofliability to the other a c' s is otherwise intended by this Agreement. The coordination Kitsap County pursuant to Section 9, herein, shall not be considered an bility to Kitsap County under RCW 10.93.040. \ AkITSAP COUNTY SHERIFFS OFFICE 21!l1!l70724B048 greement Rec ~.e' $ 54 00 ~ 07/24/2007 10,01 AM . K.rQn FlYnn, Kitsap Co Auditor Pase, 2 of 15 111I11111[[~1111I111111 ~1111111 ~I~lllmll 1111111111111 filllll ~1111~ 1IIIIIlffl 1111 1m Page 2 of 11 Section 8: Use of ProDertv. Each agency shall be responsible for its own property used during the term of this Agreement and any property acquired by an ency for the purposes of effectuating the terms of this Agreement shall remain with tha a ency upon termination of the Agreement. Each officer or employee assigned to the Task Force shall r participating agency. As such, the parties shall not hay au employees of the other parties. Each officer or em sign be considered an employee of the participating a y, which exclusively responsible for that employee. All ri t, duties and participating agency as regards its employees s ain with or employee assigned by the participating agency s onsibility of that agency for purposes of any losses, c1. . , amages, or lia' . es arising out of or related to the services provided by that officer or oyee to the Task Force or the activities of that officer or employee while performing T rce duties. Section 9: Coordination: Emvloyment. The Task Force Coor " responsible for coordinating Task Force related communications betw the participating agencies. The Task Force Coordinator is an employee tsap C funding for that position will be the sole responsibility of Kitsap Conn Section 10: Partici atin A Ci=~tofthe agencies which will be participating in the Kitsap C Tr c e r$3sk Force is attached hereto as Attachment 2. Such list OfP~m' ting . may be modified from time to time to add or delete agencies. Later a ro . g of this Agreement by additional agencies shall be deemed an authori en 0 any Agreement already on file Mth the Kitsap County Auditor, wi ut the e or reconsideration and approval by parties that approved and ex e eem t riginally filed, with the following exception: if terms of the A e e , the Agreement shall need reconsideration, approval and . es to the Agreement. In that event, the newly approved A con provisions indicating amendment of the Agreement originally on 1e'th ditor. Each participating agency shall maintain a current list ofparticipatin: a "es on Ie together with a copy of this Agreement. : Filib . A copy of this Agreement shall be filed with the Kitsap istoot with Section 1, herein. this Agreement will not be effective s this Agreement has been filed with the Kitsap County Auditor. S it 12: Consent. The Wldersigned hereby individually consent to the full ~~e of peace officer powers within their respective jurisdictions by any and all ~ro~ ommissioned officers of agencies that are signatories to this Agreement and KITSAP COUNTY SHERIFFS OFFICE 200707240048 Asreement Rec Fee: $ 54.00 0712412007 10:~1 AM Page: 3 of 15 K~ren Flynn, Kltsap Co Auditor I111I111 m 1~1II1II11111111111111[1111111111111111ll1 mlllllllllllllll~lll~ 1111111111111 Page 3 of 11 Section 13: Indemnification and Limitatio that each of the parties shall, at all times, be solely to act of its personnel that occur or arise in any w Agreement by its personnel only and to save and 0 officials harmless from all costs, expenses, losses incurred as a result of any acts or omissions of the p performance of this Agreement. es agree e or the failure onnance of this their personnel and luding cost of defense, el relating to the In the event that a claim and/or lawsuit is brou against any party's officers, officials or ee under this Agreement, it shall be the parties that the same has been~tiat ainst a party to this Agreement, or o CtiODB arising out of their conduct c party to promptly notifY the other shall, to the extent reasonably possible e respective clients, cooperate with other ctlve defense counsel in the defense of any ement, and shall agree, whenever possible, to ch as records gathering, preparation of trial nt of expert wi1nesses, and the cost of deposition obt and maintain in full force and effect public liability and or self-insurance coverage in the amount of at least $1 million er claims for injury to persons or damage to property arising from . s Agreement. Insurance coverage shall not be cancelled by any rty (30) days prior written notice by certified mail, to all other _ RCW 10.93.020(5) and RCW 10.93.090(2) KITSAP COUNTY SHERIFFS OFFICE 200107240048 ~g~@ement Ree Fee: $ 54.00 Pas.' 4 of is 0712412001 10:01 ~M, . ~iililll1 i1ln~ti Illlt\\\\ilim Igml itiil llIU[! Imll mllllll!1 1111111111111111111 mil Page 4 of 11 Nothing herein shall require or be interpreted to: a. Waive any defense arising out ofRCW Title 51. b. Limit or restrict the ability of any party~ or any party's offici employee's or legal counsel for any party, official, offic r exercise any right, defense or remedy which a party to wsu' with respect to claims or third parties, including any 0 faith a seek dismissal of legal claims against a party by an ro under the civil rules in either state or federal co c. Cover or require indemnification or pa t against any individual or party for intentional ct outside the scope of employment of any indi . 'udgm.ent for punitive damages against any individual or t f punitive damage awards, fines or sanctions shall be e bility of the individual against whom said judgment is rend r s or her employer, should that employer ele make said payment voluntarily. This Agreement does not requir' mnification of any punitive damage awards or for any order impos es or sanctions. The parties shall, to est~i1ity~ coordinate their liability insurance cov~es 0 If- coverages to the extent possible to fully implement aJ 0 10 greement set forth herein. However, the consent of any~" e carrier or self~insured pool or organization '~re 0 make this Agreement effective as between the p . es s ~atory . Agreement and the failure of any insurance c~ oe :(-~ured 01 or organization to agree or follow the terms of . p . 1 la . ty shall not relieve any party from its obligations . s ment. Nothing in this Agreement shall be interpreted to . party,. ghts in any entity not a signatory to this Agreement. d. ecti shall survive termination of this Agreement, whether . s, or by one or more parties. mendment. Any party may request changes to this Agreement, or addition to this Agreement shall be valid or binding upon any s s change or addition be in writing. To be considered effective and orcea ainst a party, any such amendments shall confonn to the procedures set . Section 1 herein. KITSAP COUNTY SUERIFFS OFFICE 200707240048 Agreement Ree Fee; $ 54.00 07/24f2007 10:01 AM Page' 5 of 15 ~illln IIlimilllllililliilli I~~I ~1I~il)~m 11111 IWIII III 11111 11111 1111111111111 Page 5 of 11 Section 15. Notice. Notice provided for in this Agreement shall be sent by certified mail to each member of the joint board, as set forth in Section 6, herein. Section 16. Jurisdiction and Venue. This Agreement has been and constmed as having been made and delivered with the State of Washington, agreed by each party hereto that this Agreement shall be governed by la 0 Washington, both as to interpretation and performance. Any action of 1 or judicial proceeding for the enforcement of this Agreement or any 0 shall be instituted and maintained only in any of the courts of com en Kitsap COlmty, Washington. Section 17. Severability. If, for any reason, Agreement is held by a court of the United States t validity of the remaining provisions shall not be of the parties shall be construed and enforced as i particular provision held to be invalid. If it should conflict with any statutory provision of the State of said provision which may conflict therewith shall be deemed . erative and nul and yoid insofar as it may be in conflict therewith. Section 18. Entire A e that this Agreement is the complete expression of the tenus her an~ at representations or understandings not incorporated herein are e~ded. . to c ply with any of the provisions stated herein shall constitute materia1br.~f and is cause for termination. It is also agreed by the parties that ~e~. e 0 non'p~orman~e of any provision of this Agreement does not constitlft~31v e proVISionS oftbis Agreement. . This Agreement is intended to be executed in art shall be considered an original Agreement. IN executed the the parties hereto have caused this Agreement to be hereinabove written. ***Signatures Begin on Following Pages*** KITSAP COUNTY SHERIFFS OFFICE 200707240048 Asreement Ree Fee: $ 54.00 , ~7/24/2007 10:01 ~" pase: 6 of 15 Karen Flynn. Kitsap Co A~ditor 11111111 III 11ml 111111111111111 11II Illllllllllllfi 11II1111111111111111111111! 1111111111111 Page 6 of 11 ~ DATED this ~ day of :....J fA. N' E. , 2007. Approved this /lr/l day of City Attorney Bainbridge I ASSOFF, CITY CLERK KITSAP COUNTY SHERIFFS OFFICE 200707240048 ~gre8ment Ree Fe.: $ 54.G0 07/24/2007 10:01 ~M Pag.: 7 of 15 Karen Flynn, Kitsap Co ~udito~ 11111111111111111 1111111111111111111111111111111111111111111111111111 1111111111111111111111 !III Page 7 of 11 DATED this Jld.,day of ~ 11 -. ' 2007. A:pprovedthis~ayof ~ APPROVED AS TO FORM:<) kITSAP COUNTY SHERIFFS OFFICE 200101240048 Agreement Reo Fee: $ 54.00 07/24f2e07 10:01 ~M Page: 8 of 15 Karen Flynn, Kitsap Co Ruditor I 1I1111 III IIIlfi 1111 Ilm/IIII/IIII 1111/111111111111111I11111111I111 ~IIIIIIIIIIIIWIIIII HI Page 8 of 11 fh 0. DATED this -E day of (Y~ ,2007. Approved this /~y Ofr CIT HARD KITSAP COUNTY SHERIFFS OFFICE 200707240048 Asreement Reo Fee: $ 54.00 07/24/2007 10:01 AM Page, 9 of 15 Jliilln IIlln] ill~t~lm~ I~~~ li~fi ili~11J 1)llllllflllllllllllllllll~~ IBlll1I Page 9 of 11 DATED this,3.d-day of 1l1~ ,2007. CHIEF JAKE EVANS Poulsbo Police Depart Approved this .,3cl. day of cndA.-f City Attorney PouIsbo, W KITSAP COUNTY SHERIFFS OFFICE 200101240048 Agreement Ree Fee: $ 54.00 07/24/2007 10:01 ~~ Page: 10 of 15 Karen Flynn, Kitsap Co ~uditor 1111111111111111\ 1111111\\ 111111111111\\1111\\\1111111111111\11\1111\1111111111111\111111\\\ 11111111 Page 10 ofl1 .' (' ~L DATED this _ day of d , 007. Approved thisJifh. day of Mar {j, ATTEST: rosecuting Attorney Attorn~y's Office KITSAP COUNTY SHERIFFS OFFICE 200707240048 Agreement Rec Fee: $ 54.~0 07/24/2007 10:01 AM Page: 11 of 15 Karen Flynn, Kitsap Co Auditor IllUlllIlI 111111 111m 1~1 tillll \llllllllllm~111I111 IlIllllllllll mnllllllllllllllllllllllllllll Page 11 of 11 KITSAP COUNTY SHERIFFS OFFICE 200707240048 Asreement Reo Fee, $ 54.00 07/24/2007 10,01 AM . Karen Flynn, Kitsap Co Auditor Pase. 12 of 15 11111111111111111 ~IM 1111111111 111111111 1111111 111111 1m 11111~IIIIIIJIIIIIIIIIIIIIIIIIIIIJIIIIII TRAFFIC SAFETY TASK FORCE EMPHASIS PATROL OPERATIONAL GUIDELINES Definitions: The Traffic Safety Task Force Emphasis Patrol is mi drug-impaired driving, underage drinking, sp m d occupant protection offenses through coordi a~ '- agency deterrence. ~) The definitions in the "Interlocal Agr and Establishing a Traffic Safety T as document is attached and in at this Attachment 1, by refe e Purpose: A. OBJECTIVES 1. To improve traffic safety in Kitsap Co , inc oing a reduction in the incidence and prevalenc 0 cohol and other drug-impaired driving, underage drinking, speedin occupant protection offenses in Kitsap County. . ation and cooperation among law enforcement COWlty. 2. to maximum levels in targeted high st areas based upon statistical analysis. 3. 4. 5. B. 1~}. p ipating agency will be asked to provide at least one officer for e mphasis patrol. Agencies with restricted jurisdiction will be asked to f r an equivalent, alternative level of participation. Each participating officer must be either a general authority peace officer as defined in RCW 10.93.070 or a specially commissioned peace officer as defined in RCW 10.93.090. Specially commissioned officers may not exceed the scope of their special commissions when exercising their law enforcement authority under the consents grated in Subsection 12 of the Attachment - 1 Page 1 of 4 r .. 1 E 200707240048 KITSAP COUNTY SHERIFFS OFFIC Agreement Reo Fee: $ 54.00 Page: 13 of 15 f[flif\\\ i\~i~,ni~t\i\i~i,\ ,\~ ,\i\~f1tmtifl,\ \11\ 'IIll 1\\1111111 \\111 11111 11111 111\ 1"\ Traffic Safety Task Force Mutual Aid Agreement and lnterlocal Agreement. 2. 3. Participating agencies will be encouraged to assign highly-motiva officers who demonstrate an interest in traffic safety enforcement. c. SUPERVISION 1. The hosting agency will be required to provide a first I the patrol shift for Task Force operations. 3. emphasis operations and will have coordination of the emphasis patrol. 4. estions and complaints concerning the . ts will be forwarded to the parent c mplainl 5. authority to return an officer to his/her 6. o r~Sl n to emphasis patrol will be expected to follow their n ,. 'es with regard to pursuit and arrest procedures and r m e of professional conduct. However, officers will also be fo the direction of the emphasis patrol supervisor(s). D. OFFI SPO SIBILITY ~(dl rs will work their assigned areas according to the guidelines pro' ed by the supervisor(s), focusing on detection and apprehension of . . red drivers, and the enforcement of under age drinking, speeding and occupant protection statutes. When a DUI arrest is made, the arrestee will be taken to the nearest participating BAC Verifier facility for processing or to the Kitsap County JaiL Officers will follow the specific gui.delines offered at briefIngs before each emphasis patrol as to specifically targeted areas, such as occupant Attachment - 1 Page 2 of 4 . . . protection, RUaD (Reduce Underage Drinking), or traffic safety emphasis patrols. 5. At the end of each emphasis patrol shift, each officer wi Force coordinator with an aCcoWlt of his or her activi the activity log form provided. Emphasis patrol officers will be expected to PfOOk p one another. 0 Officers will respond to traffic colI' 1 s to provi s ce and traffic control. If a collision is alcohol-re a ed. the em is patrol officer will investigate and make any arrests 0 c'tations as n c ssary. If alcohol is not involved, investigation will be left t appro e regular duty officer(s). 3. Officers will follow their parent agency guidelines for report writi Unless otherwise required by an officer's parent agency, each arres be filed ill the jurisdiction of the arrest. 4. 6. 8. rovided; however, these breaks will be d units together at one time. 7. of an outside agency officer in the their role in the Traffic Safety Task E. 2, t et ar as will be assigned by rotation so that each participating ~nc · . . sdiction is included, unless a higher priority target is ~ i 'fie by the Enforcement Committee. 3. (~ hosting agency supervisor will coordinate the deployment of officers assigned to the emphasis patrol. Each officer will be provided with a map of the target area and briefing information. KITSAP COUNTY SHERIFFS OFFICE 200707240048 Agreement Rec Fee: $ 54.00 07/24/2007 10:01 ~M Page: 14 of 15 Karen Flynn, Kltsap Co Auditor , 11111111111111111 1111111111111111111111111111111111111111111111111111111111111111111111111111111111 Attachment - 1 Page 3 of 4 . T 1. All emphasis patrol communications will be on a frequency as agreed upon by Central Communications and the Task Force Supervisor. 2. Requests for data or impound will be made through the appropriate dispatch agency. G. GENERAL POLICIES 1. No DUI arrestee will be released to their own custody. into jail, arrestees will only be released to a responsib transported home. 2. DUI arrestees who are combative or otherwise to the Kitsap County jail. Booking of e discretion of the officer based on hi parent a 3. oved from the be a hazard, the n essary KITSRP COUNTY SHERIFFS OFFICE 200707240048 Agreement Rec Fee: $ 54.00 Page' 15 of 15 07/2412007 10:01 AM. . ~illln i111111111\ I\~ UIlil ~illll~ I\il~liill~ 111\ \1\11\111 11111~ 11111111 11\111111\ 11111111 Attachment - 1 Page 4 of 4