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5289
CITY OF POULSBO
ILA Traffic Safety Operations
Police
LEG 12-1
9/4/2013
12/31/2016
9/1/2016
Automatically annual renewal after first term unless
written terminatin received by November 30th.
INTERI.00AL AGREEMENT BETWEEN THE CITY OF POULSBO AND THE
CITY OF BREMERTON
RELATING TO TRAFFIC SAFETY OPERATIONS
THIS IS AN AGREEMENT between the City of Poulsbo, a mumc�pal
corporation of the State of Washmgton, hereinafter referred to as "Poulsbo" and the City
of Bremerton, a municipal corporation of the State of Washmgton, heremafter referred to
as "Bremerton"
WHEREAS, Poulsbo and Bremerton share similar mterests m effectively
mamtaming traffic safety operations in their respective crties, and �
WHEREAS, when working together, both cities have the abil�ty to enhance traffic
safety and focus more resources on a particular problem or situation at one time,
NOW Therefore, Poulsbo and Bremerton hereby agree as follows
1 AUTHORITY FOR AGREEMENT This Letter of Agreement is entered
�nto as an Interlocal agreement pursuant to the Washmgton Mutual Aid Peace Officers
Powers Act as codified m Chapter 10 93 of the Revised Code of Washmgton
2 PURPOSE OF THE AGREEMENT The Police Department of the C�ty of
Poulsbo and the Police Department of the City of Bremerton each mamtam motorcycle
patrol/traffic units for the purpose of traffic safety enforcement and educat�on The
Police Department of the City of Poulsbo mamtams pr�mary responsibility for law
enforcement serv�ces withm the city l�mits of Poulsbo The Police Department of the Ctty
of Bremerton maintams primary responsibiltty for law enforcement services w�thm the
city limits of Bremerton The above agencies agree that there is a benefit to sharmg the
resources of both motorcycle patrol and traffic safety units to better saturate specific
emphasis areas wrth more effective patrol The benefit is to the citizens of both
�urisdict�ons, especially areas such as school zones where motorcycle patrols can serve as
a significant �mpact to traffic safety m those areas and in turn help to ensure the safety of
pedestrians and other motorists
3 MUTUAL AID LAW ENFORCEMENT SERVICES Each party will, to
the best of its ability, furnish Traffic Safety Patrol Officers mutual aid law enforcement
services to, and at the request of, any of the parties named m this agreement Each city
shall confer police authority on those officers from other�unsdictions providmg mutual
aid law enforcement services and enforcmg the requestmg department's ordmances For
purposes of th�s agreement, the request for mutual aid can be made by the law
enforcement agency with primary Jurisdiction If, m the exercise of rts d�scretion, the
respondmg department determmes that �ts department cannot provide the requested
mutual aid services, then such department shall tmmediately notify the requestor of the
former's mab�lity to respond The respondmg department shall be the sole �udge of its
ability to respond and assumes no liability for declming to respond
4 SERVICES INCLUDED For purposes of this Agreement, Traffic Safety
Patrol Officers mutual aid law enforcement services shall mean traffic safety education
and enforcement Enforcement shall occur usmg the primary�urisd�ction's ordmances
and all citat�ons sub�ect to ad�udication m the mun�cipal court shall be sent to the
municipal court of the primary�urisdiction The services provided will be in accordance
wrth the respondmg agencies pohcies and procedures Any mvestigative reports
completed by the Traffic Safety Patrol Officers will be forwarded to the agency wtth
pr�mary�urisdiction as soon as practical
5 TERM This Agreement is effective upon authorization and signature by
both parties The contract penod shall contmue until December 31, 2016 This agreement
shall automatically be renewed on a calendar year basis unless written notice of
termmation is given by erther party by the proceedmg November 30th of any such year
Any party may termmate rts part�c�pation m this Agreement by givmg 60 days notice of
termmation to the other parties hereto
6 INDEPENDENT CONTRACTOR The parties acknowledge and agree
that m the performance of this Agreement, they are actmg as mdependent contractors and
not as agents of each other
7 INDEMNIFICATION
a In executmg this agreement, Poulsbo does not assume l�ability or
responsibility for or m any way release Bremerton from any liabiltty or responsibility,
wh�ch arises in whole or m part from the existence, validrty or effect of Bremerton
ordmances, rules or regulations If any such cause, claim, suit, act�on or admmistrat�ve
proceedtng is commenced, Bremerton shall defend the same at its sole expense and if
�udgment is entered or damages are awarded agamst Bremerton, Poulsbo, or both,
Bremerton shall satisfy the same, mcludmg all chargeable costs and attorney's fees
b In executmg th�s agreement, Bremerton does not assume liabilrty
or responsibility for or in any way release Poulsbo from any liability or responsib�l�ty,
which ar�ses m whole or m part from the existence, validity or effect of Poulsbo
ordmances, rules or regulations If any such cause, claim, surt, action or admimstrative
proceedmg is commenced, Poulsbo shall defend the same at �ts sole expense and if
�udgment is entered or damages are awarded agamst Poulsbo, Bremerton or both, Poulsbo
shall satisfy the same, mcludmg all chargeable costs and attorney's fees
c Poulsbo shall mdemmfy and hold harmless Bremerton and its
officers, agents, and employees, or any of them, from and agamst any and all claims,
actions, suits liab�lity, loss, costs, expenses, and damages of any nature whatsoever,
which are caused by or result from a negl�gent act or om�ssion of Poulsbo, its officers,
agents, and employees m performmg services pursuant to this agreement In the event
that any su�t based upon such a cla�m, act�on, loss, or damage is brought agamst
Bremerton or Bremerton and Poulsbo, Poulsbo shall defend the same at its sole cost and
expense; and if final �udgment be rendered agamst Bremerton and rts officers, agents, and
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employees or�omtly agamst Bremerton and Poulsbo and the�r respective officers, agents,
and employees Poulsbo shall satisfy the same
d Bremerton shall mdemmfy and hold harmless Poulsbo and rts
officers, agents, and employees, or any of them, from and agatnst any and all claims,
actions, suits, liabtlity, loss, costs, expenses, and damages of any nature whatsoever,
which are caused by or result from a negligent act or omission of Bremerton, its officers,
agents, and employees �n performmg services pursuant to this agreement In the event
that any suit based upon such a claim, action, loss, or damage is brought against Poulsbo
or Bremerton and Poulsbo, Bremerton shall defend the same at its sole cost and expense,
and if final Judgment be rendered agamst Poulsbo, and its officers, agents, and employees
or�omtly agamst Poulsbo and Bremerton and their respective officers, agents, and
employees Bremerton shall satisfy the same �
e If a claim is made that both parties are responsible for all or a
portion of damages alleged to have been sustained as a result of acts or omissions of the
part�es hereto, then the above referenced mdemnity and hold harmless provisions shall
apply only to the extent of the proportion of liability attributable to the mdemmfymg
party If liability is not or cannot be apportioned, then the parties shall be responsible for
their own costs and attorney's fees mcurred m the matter and shall mdemn�fy and hold
the other party harmless for one half of any amount awarded by the Court or other
decision makmg body w�th �urisdiction as a result of the alleged acts or omissions
8 GOVERNING BODY A�omt board consistmg of the police chief for the
City of Poulsbo and police chief for the Crty of Bremerton shall administer this
Agreement Meetmgs may be called upon the request of any board member w�th seven
(7) days mmimum notice
9 COUNTERPARTS Th�s Agreement shall be signed m counterparts and,
if so signed, shall be deemed one �ntegrated agreement
10 MODIFICATION The parties may amend, modify, or supplement this
Agreement only by written agreement executed by the parties hereto
11 MERGER AND ENTIRE AGREEMENT Th�s Agreement merges and
supersedes all prior negotiations, representat�ons and/or agreements between the parties
relatmg to the sub�ect matter of th�s Agreement and constitutes an ent�re contra.ct between
the parties
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IN WITNESS WHEREOF the parties have executed this Agreement
Dated this � day of �IE?�?� 2013
Dated this,,�� day of uGu 'T 2013
CIT
:
CITY OF POULSBO
By � �7 �--�.
Beck rickson, Mayor
DEPARTMENTAL APPROVAL DEPARTMENT APPROVAL
' �/l�/
�
Steven Strachan, ief of Pol�ce Alan Townsend, Chief of Police
APP TO FORM APPROV D AS TO FO
C �
Ro er A u ch, City Atto J�m Haney, City Attorney
R U,egal\Legal\Contracts�Pohce\Traffic Safety Interlocal w�th Poulsbo 6-24-13 docx
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