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5291
CITY OF POULSBO
ILA Marine Patrol Services
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.
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF POULSBO
AND TH� CITY OF BREMERTON
RELATING TO MARINE PATROL SERVICES
THIS AGREEMENT is between the City of Poulsbo, a municipal corporation of
the State of Washmgton, heremafter referred to as the "Poulsbo", and the City of
Bremerton, a munic�pal corporation of the State of Washmgton, heremafter referred to as
"Bremerton" for marme patrol serv�ces
WHEREAS, Poulsbo and Bremerton have geographical boundar�es erther
bordermg on or encompassmg nav�gable waters m Kitsap County and, thus have the
authority to police these waters, and
WHEREAS, Poulsbo has established and mamtams a marine patrol serv�ce on the
waters within Poulsbo's �urisdiction which can also service the waters under the authority
of Bremerton, �
NOW Therefore, Poulsbo and Bremerton hereby agree as follows
1 Police Authoritv Bremerton confers mumc�pal police authority on Poulsbo
officers engaged pursuant to this Agreement to enforce State and Bremerton ordinances
withm Bremerton waters for the purposes of carrymg out this Agreement
2 Assistance and Patrol Through its Marme Patrol Unrt, Poulsbo may
provide assistance to the Bremerton Police Department upon request, and may patrol
waters under the authority of Bremerton for the purposes of enforcmg applicable laws and
ordmances, promotmg boatmg safety, and preventing law or safety violations, mcludmg
respondmg to emergency complamts in accordance w�th standard emergency dispatch
protocol Due to the mutual mterest of and benefit to both part�es �n public safety for the
communrty, no monetary compensation will be paid for these serv�ces
3 No Duty to Patrol or Prov�de Ass�stance Poulsbo Marme Patrol Unit shall
have the primary mterest of patrollmg its own waters, and shall not be liable for, or be
considered to be m breach of or default under this Agreement on account of any delay m or
failure to perform any obligation under this Agreement This Agreement shall not create
any duty on the part of Poulsbo to patrol the waters of Bremerton or respond to requests for
ass�stance Poulsbo has the absolute discretion to declme to provide any requested
assistance at any time without mcurrmg any liab�l�ty
4 Independent Contractor The parties to this Agreement agree that Poulsbo
is acting as an mdependent contractor and controls all marme patrol personnel, includmg
standards of performance and discipline All persons render�ng marine patrol services
under this Agreement shall be for all purposes employees of Poulsbo
5. Indemnification.
a In executing this agreement, Poulsbo does not assume liability or
respons�bility for or in any way release Bremerton from any liabilrty or responsibility,
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which arises m whole or m part from the existence, validity or effect of Bremerton
ordmances, rules or regulations If any such cause, cla�m, suit, action or admmistrat�ve
proceeding is commenced, Bremerton shall defend the same at �ts sole expense and if
�udgment is entered or damages are awarded agamst Bremerton, Poulsbo, or both,
Bremerton shall satisfy the same, mcluding all chargeable costs and attorney's fees.
b Poulsbo shall mdemmfy and ho(d harmless Bremerton and its officers,
agents, and employees, or any of them, from and agamst any and all claims, actions, suits
liabil�ty, 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 claim, action, 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 its officers, agents, and employees or �omtly agamst
Bremerton and Poulsbo and their respective officers, agents, and employees Poulsbo shall
satisfy the same
c Bremerton shall mdemmfy and hold harmless Poulsbo and rts officers,
agents, and employees, or any of them, from and aga�nst any and all claims, actions, sutts,
liability, loss, costs, expenses, and damages of any nature whatsoever, which are caused by
or result from a negligent act or om�ssion of Bremerton, its officers, agents, and employees
m performtng services pursuant to this agreement In the event that any su�t based upon
such a claim, act�on, loss, or damage is brought agamst Poulsbo or Bremerton and Poulsbo,
Bremerton shall defend the same at its sole cost and expense, and if final �udgment be
rendered agamst Poulsbo, and �ts officers, agents, and employees or �omtly agamst Poulsbo
and Bremerton and the�r respective officers, agents, and employees Bremerton shall satisfy
the same
d if a claim is made that both parties are responsible for all or a port�on of
damages alleged to have been sustained as a result of acts or omissions of the parties
hereto, then the above referenced mdemnrty and hold harmless provisions shall apply only
to the extent of the proportion of liability attributable to the mdemnifying party If liabilrty
is not or cannot be apportioned, then the parties shall be respons�ble for their own costs and
attorneys fees mcurred �n the matter and shall mdemnify and hold the other party harmless
for one half of any amount awarded by the Court or other decision mak�ng body with
�urisdiction as a result of the alleged acts or omissions
6 Contract Admmistration The part�es do not by this Agreement create any
separate legal or admm�strative ent�ty The Chief of Pol�ce of each party shall be
respons�ble for admmistermg the terms of this Agreement. The parties do not mtend to
�omtly own any real or personal property as part of this undertakmg
7 Duration This Agreement is effect�ve upon authorization and signature by
both parties The contract penod shall contmue unt�l December 16, 2016 This Agreement
shall automatically be renewed on a calendar year basis unless written notice of
termmation is given by either party by the proceedmg November 30 of any such year.
8 Termmation Either party may terminate this Agreement at any time upon
thirty days (30 days) written notice to other party
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9 Amendment and Warver This Agreement may be amended by mutual
written agreement of the parties No waiver by any party of any term or condition of thts
Agreement shall be deemed or construed 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 a d�fferent provision of this Ageement
IN WITNESS WHEREOF the parties have executed this Agreement
Dated this � day of �'�'l' , 2013 Dated this �� day of �, 2013
CITY OF BREMER'
:
�
CITY OF POULSBO
Patty
DEPARTMENTAL PROVAL
teven Strachan, Chief of Pol�ce
By
Becky r kson, Mayor
DEPARTMENTAL APPROV L
��l`�/
Alan Townsend, Chief of Police
APPROVED AS TO FORM APPROV D AS TO FORM
G�
Roger A u ovich, C�ty Attorney J�m Haney, Crty Attorney
R U.egal\Legal\Contracts�PoliceVvlarme Patrol ILA Poulsbo 2013 - Final doc
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