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RES 84-13 SUPPLEMENTAL LAW ENDORSEMENTRESOLUTION NO. 84-13 A RESOLUTION APPROVING A MUTUAL AID CONTRACT FOR SUPPLEMENTAL LAW ENFORCEmeNT SERVICES BETWEEN THE CITY OF WINSLOW AND THE KITSAP COUNTY SHERIFF. WHEREAS, the City Council of the City of Winslow, Washington, feel it is in the best interest of providing for the health, welfare and safety of the citizens of the City to enter into a mutual aid agreement for supplemental law enforcement services, WHEREAS, RCW 39.34 empowers the City and the County Sheriff to contract concerning mutual aid; NOW THEREFORE, be it resolved by the City Council of the City of Winslow as follows: The proposed Mutual Aid Contract for Supplemental Law Enforcement Services in hereby approved; a copy is attached. (Exhibit A) PASSED by the City Council of the City of Winslow this 21st ,day of June , 1984. ALICE B. TAWRESEY Mayor ATTEST: DONNA ~ ~TO~ Clerk/Treasurer MUTUAL AID AGREEMENT FOR SUPPLEMENTAL LAW ENFORCEMENT SERVICES WHEREAS, the City of Winslow (hereinafter City) has a police department which is charged with the primary responsibility of providing law enforcement services within the incorporated area of the City; and WHEREAS, Kitsap County and the Kitsap County Sheriff (hereinafter collectively called Sheriff) have a sheriff's office which is charged with the primary responsibility of providing law enforcement services within the unincorporated area of Kitsap County; and WHEREAS, the health, safety and welfare of the citizens served by the City and and Sheriff will be enhanced if City and Sheriff have a reciprocal agreement pertaining to supplementary law enforcement services and both City and Sheriff desire to enter into an agreement for the purpose of providing supplementary law enforcement services to each other; and WHEREAS, RCW 39.34 empowers City and Sheriff to contract concerning reciprocal, mutual aid; NOW THEREFORE, in consideration of the mutual covenants contained herein, it is hereby agreed as follows: Section 1. Reciprocal Services. In the event of a law enforcement problem which cannot be satisfactorily handled (or which so appears) by a party, the other party shall, upon request, furnish law enforcement assistance. The extent of the assistance provided shall be determined solely by the party furnishing the assistance and any assistance provided may be recalled or terminated by the party furnishing the assistance. Section 2. Limitations upon Obligations. a. This Agreement is intended to cover only day-to-day mutual aid in the nature of back-up support and shall not obligate any party to provide assistance of an extended duration. b. The provisions of this Agreement shall be invoked only when, in the opinion of a supervisory law enforcement officer then on duty for the party requesting aid, the usual law enforcement resources available are inadequate (or which so appear) to satisfactorily handle a law enforcement problem. -1- Section 3. Level of Staffing. Nothing in this Agreement shall relieve a party from the primary responsibility of providing law enforcement services within its jurisdiction. No party shall establish a level of staffing so low that it must routinely or frequently rely upon the assistance available through this Agreement. Section 4. Costs. Each party agrees that it will not seek compensation from the other party for services rendered pursuant to this Agreement and that each party shall pay its own costs related to such services. Section 5~ Command Responsibility at Scene. Subject to the right of the furnishing party to recall or terminate assistance, the party requesting assistance shall have the command responsibility at the response scent over operations, equipment and personnel sent by the party furnishing such assistance. Section 6. Indemnification. Once a party has requested and received the aid of the other as permitted by this Agreement, the requesting party shall indemnify, defend and hold the furnishing party, its officers, agents and employees harmless from any and all claims, suits, injuries, damages, judgments, attorney's fees and costs brought or incurred as a result of the furnishing of assistance. Section 7. Administrator. Pursuant to RCW 39.34.030, the parties agree that there is no separate legal or administrative entity created by this Agreement, Pursuant to RCW 39.34.030(4) (a), there is hereby created an Administrator for this Agreement who shall be the Chief of Police for the City of Winslow. The parties agree that the Administrator shall have custody of the original of this Agreement once executed by the parties for the purpose of maintaining this document in one place and available to both parties. Section 8. Termination. Either party may terminate this Agreement by providing ten (10) days' written notice of such to the other. Section 9. Term. This Agreement shall be perpetual in duration unless sooner terminated by the parties pursuant to Section 8 of this Agreement. Section 10. Effective Date. This Agreement shall become effective upon its execution by City and Sheriff and the filing of the executed original with the Administrator pursuant to Section 7 of this Agreement. DATED this 21 t day of June , 1984. -2- CITY OF WINSLOW Mayor ATTEST City Cler~k APPROVED AS TO FORM: City Attorney BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON Chairman Commissioner ATTEST: Commissioner Clerk of the Board