HomeMy WebLinkAboutInterlocal Agreement with Clallam County Fire District 3 re: Tactical EMS Services - 052626 INTERLOCAL MUTUAL AID TEMS SERVICES AGREEMENT
PENINSULA CRISIS RESPONSE TEAM
THIS INTERLOCAL MUTUAL AID TEMS SERVICES AGREEMENT FOR TEMS SERVICES
("Agreement") is between the Clallam County Fire District #3, ("Fire/Medical Agency") and
Jefferson County, on behalf of the Jefferson County Sheriffs Office ("JCSO"), all shall be
collectively referred to as the "Parties" and individually as a"Party".
RECITALS
WHEREAS, the Interlocal Cooperation Act, chapter 39.34 RCW, allows public agencies to enter
into agreements for joint and cooperative action more efficiently within their jurisdictions.
WHEREAS, the Fire Agencies and JCSO each have unique expertise which are beneficial to the
public and each other in the event of a Law Enforcement Critical Incident.
WHEREAS, this Agreement will improve the life safety of the public and emergency responders
during high threat incidents that may involve multiple causalities through the coordination of law
enforcement activities, provided by the Jefferson County Sheriffs Office, and emergency medical
services, provided by Fire Agencies, operating under the Incident Management System.
WHEREAS, the Parties desire to execute this Agreement to multiply and combine their
personnel, equipment, expertise and other resources when responding to emergencies, subject to
the terms and conditions of this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by
reference, and the mutual promises and covenants, the parties agree as follows:
1. DEFINITIONS. The following definitions shall apply unless otherwise provided in the Agreement.
A. Fire Chief means the Chief of the Clallam County Fire District#3.
B. JCSO means the Jefferson County Sheriffs Office.
C. CRT Executive Board Each Signatory will appoint someone to serve as its Executive Board
member(typically its chief law enforcement officer) and shall appoint an alternate for its
seat on the Executive Board. A representative of a Signatory may attend an Executive
Board meeting and express opinions, but does not have a vote.
D. TEMS Providers means medically trained staff assigned by a Fire Agency to participate in
TEMS activities within the Fire Agency service areas subject to the terms and conditions of
this Agreement. TEMS Providers shall not operate in any law enforcement capacity. TEMS
may handle and manipulate firearms during team trainings in the presence of a qualified
firearms and range instructor.
E. JeffCom 9-1-1 and Pencom are the agencies that provides public safety emergency
communication services for Jefferson and Clallam Counties, respectively.
F. Law Enforcement Critical Incidents means those involving high threat dynamic incidents such
as: "active shooter"; explosions in public forums/events; random or intentional killing of
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multiple civilians in public and private assemblies;warrant service;CRT activations;fugitive
tracking; and similar acutely violent circumstances.
G. Lead Fire Agency means the Fire Agency selected by the Jefferson or Clallam County Fire Chiefs
Association.
H. Sheriff means the Jefferson County Sheriff or designee.
I. CRT means Peninsula Crisis Response Team.
J. CRT Commander means the CRT commander that provides the tactical command on
scene. The CRT Commander will take over tactical command from the officer in charge.
K. TEMS means Tactical Emergency Medical Support team which has a Fire Agency
Component and law enforcement agency component. Each component is responsible for
its own training (initial and ongoing), materials, service, equipment, actions, and policy as
they relate to the delivery of emergency medical support or law enforcement services to be
provided.
L. TEMS Standards means the Tactical Response and Operation Standards for law
enforcement agencies adopted by the National Tactical Officers Association, as amended.
2. PURPOSE. The purpose of this Agreement is to provide for the joint and cooperative undertaking
of the parties to collaborate and combine their personnel, equipment, expertise and technical
resources to provide a rapid response by CRT and TEMS Providers to Law Enforcement Critical
Incidents.within Jefferson and Clallam Counties; identify persons responsible for administering
the services; and define the responsibilities of the Parties as contemplated in RCW 39.34.030.
3. ORGANIZATION. No separate legal or administrative entity is created by this Agreement nor do
the parties intend to create through this Agreement a separate legal or administrative entity
subject to suit.
4. ADMINISTRATOR. The Jefferson County Sheriff, and the Fire Chief of the Fire/Medical
Agency will administer this Agreement for each Party and will meet as needed for the purpose
of reviewing this agreement and the recommendations of the Executive Board for adoption.
Neither Party is intending to assume responsibility or liability for the actions, or failures to act,
of another Party and/or their respective employees.
5. BOARD DUTIES. The Board will have no authority to alter this agreement or implement
policies, but will be responsible for proposing recommendations to the Jefferson County Sheriff
and the Clallam County Fire District#3 TEMS Team Leader and Chief or designee on the
following subjects:
A. Meeting as needed to implement and comply with the terms of this Agreement.
B. Creating operational policies as needed to carry out the terms of this Agreement.
C. Developing and updating the TEMS Provider Job Description.
D. Developing policies and procedures consistent with the mission and goals of this Agreement.
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F. Establishing (and disbanding) committees, as it deems appropriate, and provide any other
guidance to the Parties as reasonably required to implement and comply with the terms of this
Agreement.
G. Other duties and responsibilities deemed appropriate by the Board.
6. EFFECTIVE DATE/DURATION.This Agreement shall be effective from the date first executed by
two parties and shall remain in effect unless terminated or extended. Should fewer than all named
Parties execute this Agreement, the Agreement when filed as provided herein will be effective as
between the County and the Parties that have executed the Agreement to the same extent as if
no other Party had been named.
7. FILING. Prior to entry into force, this Agreement will be filed with the Jefferson County
Auditor's Office or, alternatively, listed by subject on a public agency's web site or other
electronically retrievable public source in compliance with RCW 39.34.040.
8. ADDITIONAL PARTIES. Additional governmental entities may to be added as a party to this
Agreement in the future, with the approval of the Sheriff and the Clallam County Fire
District #3, by executing an amendment this Agreement executed by the party requesting to
begin participation and all current Parties to this Agreement. The Amendment must be filed with
the Jefferson County Auditor's Office in compliance with RCW 39.34.040.
9. TERMINATION. Any Party may terminate their participation in this Agreement with 60-days prior
notice to the other Parties. Termination by one Party does not terminate the Agreement as to the
remaining Parties. A terminated Party assumes no responsibility for the acts or omissions
occurring after the termination effective date but will remain liable for acts or omissions occurring
prior to the termination effective date.
10. PROPERTY
A. The parties do not anticipate the acquisition of property for the performance of this Agreement
and any property acquired by a Party during this Agreement shall be held by and remain the
property of the acquiring Party.
B. All durable and consumable goods purchased and provided by a Fire Agency shall be returned
to the Fire Agency if the TEMS Provider leaves the team or the Fire Agency
terminates involvement with this Agreement.
11. COMPENSATION. No Party shall seek or be entitled to compensation for services rendered under
this Agreement from any other Party to this Agreement. Nothing shall prohibit a Fire Agency from
obtaining reimbursement from a third-party as provided in 44 CFR Part 151 (REIMBURSEMENT
FOR COSTS OF FIREFIGHTING ON FEDERAL PROPERTY)or from other agencies not a party
to this Agreement.
12. INSURANCE. Maintain insurance or membership in a risk pool that provides to the Signatory
entity self-insurance or financial coverage for third-party liability in amount of not less than Ten
Million Dollars ($10,000,000.00). Proof of active membership in a Ch.48.62 RCW"Risk Pool"
through providing the Sheriff with both a"Certificate of Coverage" (or similarly titled document)
and a copy of the Memorandum of Liability Coverage (or similarly titled document) containing the
text of the relevant Risk Pool's coverage document shall satisfy this requirement.
13. INDEMNIFICATION. To the extent of its comparative liability, each Party agrees to indemnify,
defend, and hold harmless the other Party, and the other Party's elected and appointed officials,
employees, agents, and volunteers (and their marital communities) from and against any and all
claims, damages, losses, and expenses, including but not limited to court costs, attorneys fees,
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and alternative dispute resolution costs, for violation of any law applicable to a Party, any
violation of those policies and procedures adopted by the Parties to accomplish the
purposes of this Agreement, any personal injury, or any bodily injury, sick disease, or death,
and for any damage to or destruction of any property (including the loss of uses therefrom)
which are alleged or proven to be caused by an act or omission, negligent or otherwise, of
the Party, its elected and appointed officials, employees, agents, or volunteers (and their
marital communities).
B. Participation in Defense, No Waiver. A Party reserves the right, but shall have no obligation, to
participate in the defense of any claim, damages, losses or expenses and such participation
shall not constitute a waiver of the Party's indemnity obligations under this Agreement.
C. Survival of Indemnity Obligations. All indemnity obligations shall survive the completion,
expiration or termination of this Agreement.
14. INDEPENDENT CAPACITY
A. Each Party and its respective employees or agents will act as an independent contractor and
continue to be the employees or agents of that Party, which will be solely and exclusively
responsible for their employees and agents. Employees and agents of one party will not be
considered for any purpose whatsoever under this Agreement to be employees or agents of
another Party to this Agreement. No Party will have the authority to bind another Party, absent
a written agreement of the parties, nor the authority to control the employees, agents, or
contractors of another Party to this Agreement. All rights, duties and obligations of the
employer will remain with the employing Party. Each Party agrees to indemnify, defend, and
hold harmless the other Parties in any action arising from or related to the negligence of its
own employees, including all costs of defense and attorney's fees.
B. Each Party shall be solely and exclusively responsible for the compensation, benefits, training
expenses, and all other costs and expenses for its employees. Each Party will be responsible
for ensuring compliance with all applicable laws, collective bargaining agreements, and civil
service rules and regulations regarding its own employees.
C. Personnel assigned as TEMS members shall conform to rules and procedures of their
employing agency, as well as Peninsula CRT policies and procedures. It is the
responsibility of the TEMS participants to inform the CRT Commander of any policy
conflicts. All disciplinary matters shall be the responsibility of the TEMS member's employer.
D. Fire Agencies may, in their discretion, refuse to commit and/or recall personnel, equipment,
or both, to a position and/or task as deemed appropriate by Fire Agency's command.
15. NOTICE. All notices will be delivered in writing to the Fire Chiefs or Sheriff. Notice mailed by
regular post (including first class) shall be deemed to have been given on the second business
day following the date of mailing, if properly mailed and addressed. Notices sent by certified or
registered mail shall be deemed to have been given on the day next following the date of mailing,
if properly mailed and addressed. For all types of mail, the postmark affixed by the United States
Postal Service shall be conclusive evidence of the date of mailing.
16. NONDISCRIMINATION. No Party will discriminate against any person on the basis of race, color,
creed, religion, national origin, age, sex, marital status, sexual orientation, veteran status,
disability, or other circumstance prohibited by federal, state, or local law, and shall comply with
Title VI of the Civil Rights Act of 1964, P.L. 88-354 and Americans with Disabilities Act of 1990 in
the performance of this Agreement.
17. GOVERNING LAW, VENUE, FEES. The Agreement will be governed in all respects by the laws
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of the State of Washington, both as to interpretation and performance, without regard to conflicts
of law or choice of law provisions. Any action arising out of or in connection with the
Agreement may be instituted and maintained only in a court of competent jurisdiction in
Jefferson County, Washington or as provided by RCW 36.01.050. Should any Party bring
any legal action, each Party in such action shall bear the cost of its own attorney's fees and
court costs.
18. COMPLIANCE WITH LAWS. The parties shall comply with all applicable laws, rules and
regulations pertaining to them in connection with the Services provided and matters covered in
the Agreement, including but not limited to applicable regulations of the Washington Department
of Labor and Industries, including WA-DOSH Safety Regulations, bargaining agreements, and all
relevant state and federal workplace safety requirements and.
19. DISPUTE RESOLUTION. In the event of a dispute between the Parties regarding the terms and
condition, or performance, of this Agreement, the Parties shall use their best efforts to resolve
those difference on an informal basis.
20. NO JOINT VENTURE. Nothing contained in this Agreement shall be construed as creating any
type or manner of partnership,joint venture, or other joint enterprise between the Parties.
21. IMPLIED CONTRACT TERMS. Each provision of law and any terms required by law to be in the
Agreement are made a part of the Agreement as if fully stated in it.
22. PRESS AND RELEASE OF INFORMATION. Press releases and/or the release of information to
the media will be made by the agency that has the jurisdiction where the event occurred in
accordance with the releasing agency's established media release policy. No press releases will
be made by another agency regarding the incident without the prior approval of the agency(s)
having jurisdiction, and the Clallam County Fire District#3 Chief. No Party will release the tactics,
intelligence or other information, the nondisclosure of which is essential to effective law
enforcement. RCW 42.56.240.
23. PUBLIC RECORDS ACT. Notwithstanding any provisions of this Agreement to the contrary, to
the extent any record, including any electronic, audio, paper or other media, is required to be kept
or indexed as a public record in accordance with the Washington Public Records Act, chapter
42.56 RCW(as may be amended), each Party agrees to maintain all records constituting public
records and to produce or assist the other Party in producing such records,within the time frames
and parameters set forth in state law.
24. SEVERABILITY. The provisions of this Agreement are severable. Any term or condition of this
Agreement or application thereof deemed to be illegal, invalid or unenforceable, in whole or in
part, shall not affect any other terms or conditions of the Agreement and the parties' rights and
obligations will be construed and enforced as if the Agreement did not contain the particular
provision.
25. SURVIVAL. Those provisions of the Agreement that by their sense and purpose should survive
expiration or termination of the Agreement shall so survive. Those provisions include, without
limitation, the respective responsibilities of each Party, compensation, and indemnification.
26. HEADINGS. Headings of this Agreement are for convenience only and shall not affect the
interpretation of this Agreement.
27. ENTIRE AGREEMENT. This Agreement contains all terms and conditions agreed upon by the
Parties, except necessary operational agreements, and supersedes any other agreement or
understanding of the Parties relating to the subject matter of this Agreement.
No other understanding, oral or otherwise, regarding the subject matter of this Agreement shall
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be deemed to exist or to bind the Parties.
28. AMENDMENT. This Agreement may be amended from time to time as deemed appropriate by
the parties, provided, any such amendment will not become effective unless written and signed
by all parties to this Agreement with the same formality as this Agreement.
29. DISCLAIMER. Nothing in this Agreement will be construed in any manner that would limit a
Parry's authority or powers under law.
30. NO THIRD-PARTY RIGHTS. This Agreement is intended to be solely between the parties. No
part of this Agreement shall be construed to add, supplement, or amend existing rights,
benefits, or privileges of any third-party. Nothing in this Agreement will be construed as giving any
benefits, rights, remedies, or claims to any other person, firm, corporation, or other entity
including, without limitation, the public or any member thereof, or to authorize anyone not a party
to this Agreement to maintain a suit for breach of contract, personal injuries, property damage, or
any other relief in law or equity in connection with this Agreement.
31. ASSIGNMENT. The rights or obligations under this Agreement, and any claims arising
thereunder, are not assignable or delegable by any Party.
32. NO WAIVER. A failure by any Party to exercise its rights under this Agreement shall not preclude
that Party from subsequent exercise of such rights and shall not constitute a waiver of any
other rights under this Agreement unless stated to be such in a writing signed by an
authorized representative of the Party.
33. COUNTERPARTS, ELECTRONIC SIGNATURE. The Agreement may be executed in several
counterparts, each of which will be deemed an original, but all of which together will constitute
one and the same agreement. A facsimile, email, or other electronically delivered signatures of
the parties shall be deemed to constitute original signatures and deemed to constitute duplicate
originals.
34. AUTHORIZATION. Any authorizations, actions required or permitted to be taken, and any
document required or permitted to be executed under this Agreement will be taken or executed
only by a duly authorized representative of the Party. Each Party warrants and represents to the
other that the person signing below has been properly authorized and empowered to execute this
Agreement on behalf of the Party for whom they sign.
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IN WITNESS WHEREOF, the Parties execute this
Agreement.
JEFFERSON COUNTY, WASHINGTON
BOARD OF CO TY COMMISSIONERS
4 B: c Approved as to form only:
Gre rothertonJ,7&
ATE
(C-lair O L: __ May 14, 2026
B ( _,C/A ‹)"L‘ 2 Philip C. Hunsucker DATE
Heidi Eisenhour, DATE Chief Civil Deputy Prosecuting Attorney
Corn - ioner
B 5/ 4
Mr D ley-Nollette, DATE
ill :4_..L.4AVI
SHERIFF /j�
B f�' f 5--/1=2 e1,r
Andy Pernsteiner, DATE ,0"""""""ttt.
Jefferson County Sheriff ,o�o,F*RSON C0°'o,
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Carolyn Galloway, CMC J DATE
Clerk &-the Board
7
CLALLAM COUNTY FIRE DISTRICT#3
DATED 'rADOPTE thisr- o� day ofp"t2rn , 2025.
J in rider, Fir hief
DATED or ADOPTED this " day of 5 -..;'t.6.4.5-a , 2025.
CLALLAM COUNTY FIRE DISTRICT#3 BOARD OF COMMISSIONERS
J icholas, Commissioner- Chair
ATTEST:
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JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Josh Peters, County Administrator
FROM: Sheriff Andy Pernsteiner
DATE: %t /t,2 6,
SUBJECT: Mutual aid agreement with Clallam Fire district 3 for tactical EMS
STATEMENT OF ISSUE: JCSO works with other Olympic Peninsula agencies as part of a CRT(Crisis
Response Team), Clallam County Fire District 3 provided tactical EMS services as part of the CRT team
within Clallam County.
ANALYSIS: JCSO needs to have a mutual aid agreement with Clallam County Fire District 3 to have them
perform tactical EMS within Jefferson County. JCSO has already had discussions with Jefferson County
Fire and they are unable to provide this service at this time.
FISCAL IMPACT:
Partnering with Clallam County Fire District 3 has no fiscal impact.
RECOMMENDATION: Recommend to approve the mutual aid agreement.
REVIEWED BY:
Josh eters, County Administrator Date
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Clallam County Fire District 3 Contract No: TEMS
Contract For: Tactical EMS services Term: non expiring
COUNTY DEPARTMENT: Jefferson County Sheriff
Contact Person: Andy Pemsteiner
Contact Phone: (360)344-9760
Contact email: apemsteiner@co.jefferson.wa.us
AMOUNT: o PROCESS: — Exempt from Bid Process
Revenue: Cooperative Purchase
Expenditure: o - Competitive Sealed Bid
Matching Funds Required: - Small Works Roster
Sources(s)of Matching Funds _ Vendor List Bid
Fund# _ RFP or RFQ
Munis Org/Obj ✓ Other: Mutual Aid Agreement
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES COMPLIANC V TH JCC 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: �■ N/A:I I .$-16-Zn-e
Signature Date
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL
AGENCY.
CERTIFIED: EJ N/A: ETI
Signature Date
STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche):
Electronically approved by Risk Management on 5/15/2026.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 5/14/2026.
STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY(IF REQUIRED).
STEP 6: CONTRACTOR SIGNS
STEP 7: SUBMIT TO BOCC FOR APPROVAL
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