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Commissioners Office
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Art Frank, Undersheriff
DATE: October 8, 2018
SUBJECT: Firearms Training for City of Forks Police Officers by Jefferson County
Sheriff's Office
STATEMENT OF ISSUE:
Jefferson County Sheriff's Office agrees to provide one Jefferson County Deputy to act as Instructor to
provide Firearms Instruction to Commissioned Law Enforcement Officers Employed by City of Forks Police
Department.
ANALYSIS:
Jefferson County Sheriff's Office will make the JCSO Deputy available to provide training services at no
cost to Forks as part of a mutual aid to City of Forks Police Department.
RECOMMENDATION:
Review and Approve AGREEMENT re: Firearms Training to City of Forks Police Officers by a Jefferson
County Sheriff's Deputy; No Dollar Amount; Jefferson County Sheriff's Office; City of Forks Police
Department
REVIEWED BY:
dr lobe
Phil orley, Co•' y Ad 'nistrator Date
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INTERAGENCY AGREEMENT BETWEEN
THE CITY OF FORKS and JEFFERSON COUNTY
RELATED TO FIREARMS TRAINING
THIS AGREEMENT, made pursuant to Chapter 39.34 RCW,and the authority set forth in
Chapter 10.93 RCW,is entered into this_ _day of Otrmst ' ,2018, by and between the City
of Forks, a municipal corporation of the State of Washington ("Forks") and Jefferson County, a
political subdivision of the state of Washington ("Jefferson County").
THE PURPOSE OF THIS AGREEMENT is to memorialize the terms under which
Jefferson County by and through its Sheriffs Office ("JCSO") will provide firearms training to
the Iaw enforcement officers employed by Forks.
NOW,THEREFORE, IT IS MUTUALLY AGREED THAT:
1. SCOPE OF WORK
1.1. JCSO shall provide one deputy to act as an instructor ("the JCSO Deputy") to provide
firearms instruction to commissioned law enforcement officers employed by Forks
("training services").
1.2. Training services shall not interfere with the normal duties of the JCSO Deputy.
1.3. Training services shall be limited to basic firearms qualification, instruction, and
preparation of lesson plans.
1.4. The JCSO Deputy shall provide training services only while on duty during the normal
workweek.
1.5. For training services, Jefferson County shall not incur any additional costs in salary,
benefits or use of any expendable Jefferson County owned equipment.
1.6. The JCSO Deputy must be available while on duty to respond if needed to emergency calls
within Jefferson County.
1.7. Forks may choose to agree with the JCSO Deputy to provide training services during the
JCSO Deputy's off duty time,but Forks must then reimburse Jefferson County pursuant to
Section 4 for the JCSO Deputy's hourly overtime wage plus benefits.
2. SCHEDULING
Forks and Jefferson County shall coordinate the planning, organizing and scheduling of the
services rendered pursuant to this agreement. The scheduling shall take into account all preplanned
vacation of the JCSO Deputy and will allow for any mandatory obligation required of the JCSO
Deputy by Jefferson County.
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3,
DEFENSE,INDEMNITY, HOLD HARMELSS
Forks will defend, indemnify and hold Jefferson County,its elected officials, officers, employees
and volunteers harmless from and against and all causes, claims, actions, suits, demands
judgements or settlements of any nature whatsoever that arise from or are in connection with any
of the following:
3.1. The lawful performance by the JCSO Deputy during the limited activities included in this
agreement.
3.2. Any claim from the JCSO Deputy associated with the JCSO Deputy's working under the
terms of this agreement in connection with the Fair Labor Standards Act or Industrial
Insurance with the Washington State Department of Labor and Industries.
3.3. Any liability and claims by third parties or Forks employees against which Forks would
otherwise be immune under Title 51 RCW or other law, arising out of any act or omission
of Forks in performance of this agreement. Along with the other provisions of this
agreement, the parties have mutually negotiated this provision.
4. TERM OF THIS AGREEMENT
The parties agree that the performance of the duties imposed on them by this agreement may begin
as of 12:01 am on the day following the execution of this agreement by all the parties. This
agreement will continue terminated as provided in Section 7.
5. COMPENSATION
5.1. Jefferson County shall make the JCSO Deputy available to provide training services at no
cost to Forks as part of mutual aid to Forks,but only while the JCSO Deputy:
5.1.1. Is on duty;
5.1.2. During the normal workweek; and,
5.1.3. Remains available while on duty to respond if needed to emergency calls within
Jefferson County.
5.2. Forks shall reimburse Jefferson County for any cost associated with JCSO providing
training services when:
5.2.1. Other JCSO deputies are forced to respond to emergency calls within Jefferson
County while the JCSO deputy is providing training services during on duty hours
during the normal workweek; or,
5.2.2. The JCSO Deputy performs training services at times, other than when the JCSO
Deputy is on duty during the normal workweek, as may be agreed upon by Forks
and the JCSO Deputy.
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5.2.3. If Jefferson County incurs costs pursuant to Section 4.2, JSCO will prepare an
invoice for Forks to reimburse Jefferson County for such costs, including any
hourly overtime wage plus benefits incurred pursuant to Section 4.2. Forks shall
pay every invoice for such costs to the Jefferson County Treasurer within 30 days
of receipt.
6. EQUIPMENT
6.1. All special equipment needed by the deputy to conduct the agreed to training will be
provided by Forks.
6.2. The costs of damage to any JCSO equipment used to provide training services shall be
reimbursed to Jefferson County. JCSO will prepare an invoice for Forks to reimburse
Jefferson County for such costs. Forks shall pay every invoice for such costs to the
Jefferson County Treasurer within 30 days of receipt.
7. RECORDS
7.1. The County shall maintain adequate records to support billings for those services set forth
this agreement. These records shall be maintained for a period of six (6) years after
termination of this agreement.
7.2. Forks and any of its duly authorized representatives shall have access at any time during
regular business hours,to any books,documents,papers,or records of the County that are
directly related to this agreement for the purposes of audit examinations, excerpts, or
transcripts.
7.3. The County and Forks are subject to the Public Records Act, codified at Ch. 42.56 RCW
and records generated pursuant to this agreement are subject to Ch.42.56 RCW.
8. TERMINATION
8.1. Either party may terminate this agreement at any time.
8.2. If this agreement is terminated, the terminating party shall be liable only for costs to be
reimbursed under this agreement.
9. DISPUTE RESOLUTION
9.1. Disputes shall be resolved by first attempting to negotiate a settlement between the parties.
If settlement cannot be reached within 30 days of written notice of the dispute, the parties
agree to submit the matter to non-binding mediation through the Peninsula Dispute
Resolution Center. The mediator shall be selected by agreement of the parties and the cost
of mediation shall be shared equally between the parties. If the parties are unable to
negotiate a resolution or refuse to accept a mediated resolution to a dispute,then the parties
agree to abide by the process described in RCW 39.34.180(3), which calls for binding
arbitration by a three-person arbitration panel.
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9.2. The prevailing party shall be entitled to reasonable attorney's fees and costs regardless of
whether the party uses in-house or outside counsel.
10. GENERAL TERMS
10.1. No Harassment or Discrimination. Any form of harassment, discrimination, or improper
fraternization is strictly prohibited. Neither party shall discriminate on the grounds of race,
color, national origin, religion, creed, age, sex or the presence of any physical or sensory
handicap in the selection and retention of employees or procurement of materials or
supplies.
10.2. Section Headings. The headings of the sections of this agreement are for convenience of
reference only and are not intended to restrict, affect, or be of any weight in the
interpretation or construction of the provisions of the sections or this agreement.
10.3. Limits of Any Waiver of Default. No consent by either party to,or waiver of,a breach by
either party,whether express or implied,shall constitute a consent to, waiver of,or excuse
of any other, different, or subsequent breach by either party.
10.4. No Oral Waiver. No term or provision of this agreement will be considered waived by
either party, and no breach excused by either party, unless such waiver or consent is in
writing signed on behalf of the party against whom the waiver is asserted. Failure of a
party to declare any breach or default immediately upon the occurrence thereof, or delay
in taking any action in connection with, shall not waive such breach or default.
10.5. Severability. Provided it does not result in a material change in the terms of this agreement,
if any provision of this agreement or the application of this agreement to any person or
circumstance shall be invalid, illegal,or unenforceable to any extent,the remainder of this
agreement and the application this agreement shall not be affected and shall be enforceable
to the fullest extent permitted by law.
10.6. Binding on Successors and Assigns. This agreement shall be binding upon and inure to
the benefit of the parties' successors in interest and assigns.
10.7. No Assignment. The parties shall not sell, assign,or transfer any of rights obtained by this
agreement without the express written consent of the other party.
10.8. No Third-party Beneficiaries. The parties do not intend, and nothing in this agreement
shall be construed to mean, that any provision in this agreement is for the benefit of any
person or entity who is not a party.
10.9. Modification of this agreement. This agreement may be amended or supplemented only
by a writing that is signed by duly authorized representatives of all the parties.
10.10. Signature in Counterparts. The parties agree that each of the parties may sign separate
copies of this agreement and this agreement shall have the same force and effect as if all.
the parties had signed the original.
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JEFFERSON COUNTY,WASHINGTON CITY OF FORKS,WASHINGTON
Board of County Commissioners
Jefferson County, Washington
By: _ -— By:
David Sullivan, Chair Date Signature Date
Name: (4146 W 1
Title: )1.—CCL C!-trr
SEAL: SEAL:
ATTEST: ATTEST:
- /i
Carolyn Gallaway Date Signature • Date
Deputy Clerk of the Board
Name: , (D -£Y
Title: C-F- .1, .1-12J_,t,sufe. ./a.
Approved as to form only:
0). C. /4L /0/1/
Philip C.Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
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