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HomeMy WebLinkAbout5291Contract Number: Vendor• Sub�ect• Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 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, -1- 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 -2- 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 -3-