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Home My WebLink About5289 (2)Contract Number Vendor: Sub�ect: Department: File Class: Begin Date: End Date: Review Date Vault Date Comments: 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 2 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 3 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 4