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Home My WebLink About4416 Cont~9c;t N"Ll.;lJ)j;:)~~: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 4_4_t6. WASHINGrQN $~~JE ~A~BQL Bomb Squad Police LEG 12-1 03/01/2004 06/15/2010 Termination w/30 day written notice Review date for tracking only WSP No. C040810GSC INTERAGENCY AGREEMENT BETWEEN STATE OF WASHINGTON WASHINGTON STATE PATROL AND CITY OF BREMERTON POLICE DEPARTMENT THIS AGREEMENT, pursuant to Chapter 39.34 RCW and Chapter 10.93 RCW (Washington Mutual Aid Peace Officers Power Act), is made and entered into by and between the Washington State Patrol, hereinafter referred to as '¥VSP," PO Box 42600, Olympia WA 98504- 2600; and the City of Bremerto~Police Department, hereinafter referred to as ~BPD," 239 Fourth Street, Bremerton, WA 98337. IT IS THE PURPOSE OF THIS AGREEMENT establish a partnership, hereinafter referred to as the Interagency Bomb Squad, to combine the resources of WSP and BPD and better coordinate their activites to provide a service to the citizens of Kitsap County and the State of Washington. This Agreement supercedes WSP Agreement number C000063GSC between WSP and BPD. IT IS, THEREFORE, MUTUALLY AGREED THAT: STATEMENT OF WORK The WSp Agrees as Follows: 1. To provide the necessary equipment for the Interagency Bomb Squad to dispose of explosive devices. This equipment shall include the following: · A vehicle for transporting personnel and their equipment; A bomb trailer; · Equipment and film for taking x-ray pictures and processing the film; · Explosives; · A dearmer - disrupter; and · A bomb suit and helmet. 2. The vehicles and trailers may be labeled to reflect their status as Interagency Bomb Squad equipment. The BPD Agrees as Follows: 1. To assign at least one BPD officer to serve on the Interagency Bomb Squad. 2. Each BPD officer assigned to the Interagency Bomb Squad shall complete the basic hazardous devices school at Redstone Arsenal in Huntsville, Alabama (or a similar training program), regarding techniques for the disposal of explosive devices. 3. The WSP shall have the right to judge the qualifications of any BPD officer assigned to the Interagency Bomb Squad and the WSP may deny participation on the Interagency Bomb Squad by any officer the WSP, in its discretion, deems unqualified provided the WSP shall supply BPD with the reasons for such denial. Page I of 4 INTERAGENCY AGREEMENT BETWEEN THE WASHINGTON STATE PATROL AND THF CITY OF BREMERTON POLICE DEPARTMENT (continued) The WSP and BPD Mutually Agree as Follows: 1. To jointly agree upon a schedule which will result in at least two officers being available to the Interagency Bomb Squad at all times. 2. Each officer assigned to the Interagency Bomb Squad shall have their own special clothing and personal items of equipment which shall remain their personal property unless purchased by one of the parties hereto. If purchased by one of the parties hereto, it shall be the property of that party. 3. To determine a method for storing and maintaining the equipment. It is the intention of the parties that the cost of such storage and maintenance be absorbed by the agency providing the service and no claims for reimbursement for such costs be made by one party to the others 5. The services and functions described herein shall be performed by the employees of the parties hereto as part of their regular employment for their agency. No claims shall be made by one party against the other for such services and functions. 6. This Agreement does not transfer title or ownership of any property supplied to the Interagency Bomb Squad under this Agreement. The parties supplying property under this Agreement shall retain ownership of such property. PERIOD OF PERFORMANCE This Agreement shall commence upon date of final signature and shall continue in effect until terminated by either party in accord with the terms hereof. The parties agree to exercise their best efforts to avoid terminating any individual activity which termination would substantially hinder the other party in the fulfillment of its mission. IN CONSIDERATION WHEREOF: Except as otherwise agreed by the parties hereto in individual cases, no compensation shall be paid by the WSP or BPD for any assistance by one party to the other pursuant to this Agreement. GENERAL PROVISIONS WSP staff providing services under the terms of this Agreement shall be under the direct command and control of the Chief of WSP or designee and shall perform the duties required by this Agreement in a manner consistent with WSP policy and regulations, applicable state and local laws, and the Constitutions of the State of Washington and the United States. The assignment of personnel to accomplish the purpose of this Agreement shall be at the discretion of the Chief of WSP or designee. NONDISCRIMINATION In the performance of this Agreement, both parties shall comply with the provisions of Title VI of the Civil Rights Act of 1964 (42 USC 200d); Section 504 of the Rehabilitation Act of 1973 (29 USC 794); Chapter 49.60 Revised Code of Washington; and Title I of the Americans with Disabilities Act (42 USC 12111-12117), as now or hereafter amended. Both parties shall not discriminate on the grounds of race, color, national origin, sex, religion, marital status, age, creed, Vietnam-era and disabled status, or the presence of any sensory, mental, or physical handicap. Page 2 of 4 INTERAGENCY AGREEMENT BETWEEN THE WASHINGTON STATE PATROL AND THE CITY OF BREMERTON POLICE DEPARTMENT (continued) AGREEMENT MANAGEMENT The work described herein shall be performed under the coordination of Lieutenant Greg Rawlings of BPD, and Lieutenant Blaine Gunkel of WSP, or their successors. They shall provide assistance and guidance to the other party necessary for the performance of this Agreement. INDEMNIFICATION Each party shall defend, protect and hold harmless the other party from and against all claims, suits and/or actions arising from any negligent or intentional act or omission of that party's employees, agents, and/or authorized subcontractor(s) while performing this Agreement. AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendments shall ~ot be i:)~nding unless they ~e in w~i~i~g a~d signed by personnel a~horized ~o bind each of the parties. TERMINATION Except as otherwise provided in this Agreement, either party may terminate this Agreement upon thirty (30) days' written notification to the other party. If this Agreement is so terminated, the terminating party shall be liable only for performance in accordance with the terms of this Agreement for performance prior to the effective date of termination. SAVINGS In the event funding from state, federal or other sources is withdrawn, reduced or limited in any way after the effective date of this Agreement and prior to normal completion, WSP may terminate the Agreement under the Termination clause, subject to renegotiation under those new funding limitations and conditions. DISPUTES In the event that a dispute arises under this Agreement, it shall be determined in the following manner: The Chief of WSP shall appoint one member to the Dispute Board. BPD shall appoint one member to the Dispute Board. The Chief of WSP and BPD shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall evaluate the dispute and make a determination of the dispute. The determination ofthe Dispute Board shall be final and binding on the parties hereto. If applicable and as an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. ORDER OF PRECEDENCE In the event of any inconsistency in the terms of this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable federal and state statutes and regulations; 2. Special Terms and Conditions contained in the Statement of Work 3. General Terms and Conditions contained in this Agreement 4. Any other provisions of the Agreement, whether incorporated by reference or otherwise. Page 3 of 4 INTERAGENCY AGREEMENT BETWEEN THE WASHINGTON STATE PATROL AND THE CITY OF BREMERTON POLICE DEPARTMENT (continued) ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject ma~ter of this Agreement shall be deemed to exist or to bind any of the parties hereto. IN WITNESS WHEREOF, the parties have executed this Agreement. STATE OF WASHINGTON CITY OF BREMERTON WASHINGTON STATE R~OL POLICE DEPARTMENT Date Date Budget and Fiscal Set, ceos ! Dat~ Cary Bozeman, Mayor Date APPROVED AS TO FORM Assistant Attorney GenerSl-' Page 4 of 4