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HomeMy WebLinkAboutILA - WA ST Criminal Justice Training Commssion for Basic Law Enforcement Academies (BLEA) WASHINGTON STATE CRIMINAL JUSTICE TRAINING COMMISSION Monica A. Alexander, Executive Director 19010 1st Avenue South • Burien, WA 98148 • Phone: 206-835-7300 • www.cjtc.state.wa.us WSCJTC Contract No. IA25-064 INTERAGENCY AGREEMENT BETWEEN WASHINGTON STATE CRIMINAL JUSTICE TRAINING COMMISSION AND PASCO POLICE DEPARTMENT THIS INTERAGENCY AGREEMENT (the "Agreement") is by and between Washington State Criminal Justice Training Commission, an agency of the state of Washington (hereafter referred to as "WSCJTC"), and the Pasco Police Department, a Law Enforcement Agency, located in Pasco, Washington (hereafter referred to as "PPD"). IT IS THE PURPOSE OF THIS AGREEMENT to memorialize the terms and conditions under which PPD will provide services and facilities to WSCJTC for the purposes of running the Basic Law Enforcement Academies (hereafter referred to as “BLEA”). NOW, THEREFORE, the parties agree as follows: I. STATEMENT OF WORK Each party shall do all things necessary for, and incidental to the performance of the duties set forth below. A. Duties of WSCJTC: The WSCJTC will notify the PPD of desire for the PPD to host and provide instruction for a BLEA session. PPD may only host a BLEA session approved by the WSCJTC. 1) Management and Oversight Services performed under the terms of this agreement shall be under the direct command and control of the WSCJTC BLEA Commander or designee and shall ensure that the duties of this Agreement will be performed in a manner consistent with WSCJTC policies and regulations, applicable state and local laws, and the Constitution of the State of Washington and the United States. Washington State Basic Law Enforcement Academy (BLEA) will be hosted at the PPD Regional Training Campus. 2) Appointment of a BLEA Assistant Commander WSCJTC shall accomplish this management and oversight through a BLEA Assistant Commander that WSCJTC selects and appoints and will include PPD in the process. The work described herein shall be performed in coordination with WSCJTC BLEA Commander or their designee. They shall provide assistance and guidance to the other party necessary for the performance of this Agreement. 2 a) Payment for BLEA Assistant Commander WSCJTC shall reimburse PPD the full annual salary of the PPD sergeant appointed to the position of BLEA Assistant Commander, if selected from PPD personnel, including all benefits and all increases to said salary or benefits during the period of that person’s service to WSCJTC as BLEA Assistant Commander. The WSCJTC will reimburse overtime for the time spent for the Basic Law Enforcement Academy, the Equivalency Academy, and/or any CJTC-related training. WSCJTC shall pay said reimbursement amount upon submission by PPD of an invoice to WSCJTC within 30 days of properly submitted invoices. The WSCJTC shall pay said reimbursement amount upon submission by the PPD of a monthly invoice to the WSCJTC at 19010 1st Ave South, Burien, WA 98148. 3) Payment for TAC Officers WSCJTC shall reimburse PPD the full salary and benefits of one (1) TAC Officer while providing instruction for the WSCJTC. This includes all increases to said salary and benefits during the period of service to WSCJTC as TAC Officer. The WSCJTC will reimburse overtime hours worked for the Basic Law Enforcement Academy, the Equivalency Academy, and/or any CJTC-related training. Additionally, up to 3 weeks reimbursement may be granted for pre and post Academy work. WSCJTC shall pay said reimbursement amount upon submission by PPD of an invoice to WSCJTC. WSCJTC shall also provide one (1) Assistant TAC Officer, selected from another agency. The WSCJTC shall pay said reimbursement amount upon submission by the PPD of a monthly invoice to the WSCJTC at 19010 1st Ave South, Burien, WA 98148. 4) Payment for Instructor Training WSCJTC shall reimburse PPD up to a total of $15,000 per calendar year for training, travel expenses and overtime costs to ensure a sufficient cadre of WSCJTC certified trained instructors for each BLEA session. WSCJTC shall pay said reimbursement amount upon submission by PPD of an invoice to WSCJTC. 5) Provision of Materials, Services and Supplies Through the State purchasing process, WSCJTC will provide materials, services, and supplies, unless otherwise agreed to by PPD and WSCJTC. 6) Operations To protect the health and integrity of WSCJTC, Assistant BLEA Commander and TAC’s employed by PPD understands WSCJTC maintains control over its operations and agrees to submit to directions and protocols put in place in order to carry out its mission. Should Assistant BLEA Commander and TAC’s not wish to follow operational directives, they will be released back to PPD. Termination 3 of agreement as set forth in section (IX). 7) Health and Safety To protect the health and safety of WSCJTC and students of WSCJTC, Assistant BLEA Commander and TAC’s are required to submit to infectious disease testing when directed to do so by WSCJTC. Assistant BLEA Commander and TAC’s must report the results to WSCJTC’s confidential appointee. Assistant BLEA Commander and TAC’s agree to follow the health and safety protocols put in place by WSCJTC. Failure to abide by these requirements will result in release back to PPD. Termination of agreement as in section (IX). 8) First Right of Refusal for (8) PPD Recruits WSCJTC agrees to grant first right of refusal to the Pasco Police Department or active Pasco Regional Academy partners to use up to eight (8) slots in each Pasco BLEA. WSCJTC will allow three (3) slots for use of the PPD facility, three (3) slots for an Assistant Commander, and two (2) slots for each TAC Officer. If Pasco Police Department is unable to provide an Assistant Commander or dedicated TAC Officer, WSCJTC has the right to reconsider whether all eight (8) slots will continue to be granted. 9) Maximum Capacity of each Pasco BLEA WSCJTC shall implement a maximum capacity of each Pasco BLEA of thirty (30) students. B. Duties of PPD: 1. Number of BLEA Classes in Pasco PPD will provide two (2) BLEA classes during state Fiscal years 2025-2026. At the end of state fiscal year 2026, PPD and WSCJTC will evaluate the ability of PPD to support an additional third class per calendar year. 2. Provide the BLEA Assistant Commander PPD will provide to WSCJTC the full-time services of a sergeant to serve as BLEA Assistant Commander for the purpose of administering, conducting, and presenting the state’s Basic Law Enforcement Academy program. a) Administrative Duties of BLEA Assistant Commander The administrative duties of the BLEA Assistant Commander include, but are not limited to: 1. Manage and supervise TAC Staff and all instructors taking part in the delivery, implementation, coaching, and evaluation of the BLEA students learning. 2. Assist WSCJTC in the vetting and hiring process of contracted “A19” personnel. 3. Liaison with PPD staff (i.e., Academy Lt., Sgt, full-time staff, etc.) 4 4. Manage and oversee budget. 5. Manage and oversee equipment and Inventory of purchase(s). b) Instruction Responsibilities of BLEA Assistant Commander Instruction responsibilities of the BLEA Assistant Commander include, but are not limited to: 1. Deliver classroom instruction in assigned subjects. 2. Delivering established written and practical exercises relating to classroom instruction. 3. Follow and deliver prescribed test material. 4. Review all classroom instruction and teaching materials. 5. Tutoring/counseling recruit officers. 6. Grading exams. 7. Support and assist with practical training exercises. 8. Submit all revisions of BLEA programs and curriculum to WSCJTC via BTD chain of command. 9. Track and confirm all regular and overtime hours accrued by staff assigned to the WSCJTC duties located in Pasco facility via the Pasco PD payment and scheduling management system. This information will be delivered to WSCJTC via BLEA class invoicing. 3. Provide (1) TAC Officer PPD will provide to WSCJTC the full-time services of one (1) TAC Officer for the purpose of administering, conducting, and presenting the state’s Basic Law Enforcement Academy program. a) Instruction Responsibilities Instruction responsibilities of the TAC Officer shall include, but not be limited to: 1. Delivering classroom instruction in assigned subjects. 2. Delivering established written and practical exercises specific to classroom instruction. 3. Follow and deliver the prescribed test material. 4. Review all classroom instruction and teaching materials. 5. Tutoring/counseling recruit officers. 6. Grading exams. 7. Support and assist practical training exercises. 8. Submit all revisions of BLEA programs and curriculum to WSCJTC via BTD chain of command. The TAC Officer must be Criminal Justice Training Commission certified and approved by the Basic Training Academy Commander prior to instructing at the Pasco Basic Law Enforcement Academy. 4. PPD to Provide Facilities 5 PPD will provide the necessary facilities to successfully conduct each BLEA. Such facilities include, but are not limited to: 1. Office Space for a full-time WSCJTC BLEA Assistant Commander. This will include, but not limited to: a) Office Phone b) High Speed Internet connection c) Office furniture 2. Office Space for 3 full-time TAC Officers a) Office Phone b) High Speed Internet connection c) Office furniture 3. Classroom space 4. Gym and locker rooms 5. Gun range 5. PPD to Provide EVOC Training PPD will coordinate with Hanford Patrol to conduct Emergency Vehicle Operation Course (EVOC) training to BLEA students. 6. PPD to Provide Part-Time Instructors WSCJTC will reimburse PPD from a single invoice at the conclusion of each BLEA session for the payment of part-time instructors, which are PPD or active regional law enforcement personnel. employees. PPD will bill WSCJTC at the conclusion of each BLEA for instructor time. This fee shall be based upon the following rate schedule: • $65/hour for Firearms instructors • $60/hour for Patrol Tactics-Basic and Cross Disciplined instructors • $55/hour for All Skills Based instructors (EVOC & IAT) and DT Suit actors, except Firearms; and, • $50/hour for One Discipline Classroom instructors, Mock Scene actors, and Evaluators/Raters. The hourly rate assigned to each instructor will be based on the WSCJTC Tier Progression rate schedule, and the assignments will be submitted to the WSCJTC Basic Training Division Commander in Burien for approval. PPD will bill WSCJTC up to $1100 for ancillary costs related to PPD’s part-time instructors. All instructors will complete the Instructor Certification Program and approved by the Basic Training Division Commander prior to instructing at the Pasco Basic Law Enforcement Academy. For its part-time instructors, the City of Pasco will send detailed invoices to WSCJTC at the end of each session that include the following: 1. Instructor Name 2. Subject taught (Control/Defensive Tactics, Patrol Beat Mocks, Firearms, and Wet Lab etc.) 6 3. Hours worked 4. Dollar amount 5. BLEA Session Number C. Additional TAC Staff The parties agree that any additional TAC Officers, if hired from outside PPD, shall be negotiated in a separate contract with the individual or their employer agency. II. PERIOD OF AGREEMENT Subject to its other provisions, the period of performance of this Agreement shall be for July 1, 2024 – June 30, 2026 (the "Term"), unless terminated sooner as provided herein. III. PAYMENT Compensation for the work provided in accordance with this Agreement has been established under the terms of RCW 39.34.130. All costs shall be reimbursed at the end of each session including costs related to Emergency Vehicle Operation Course (EVOC) training, when applicable. IV. BILLING PROCEDURES PPD shall submit a final invoice to WSCJTC within 30 days at the end of each session. WSCJTC shall pay PPD for all approved and completed work by warrant or account transfer within thirty (30) days of invoicing. All invoices shall be submitted to: WSCJTC Attn: Brian Elliott, Fiscal Manager 3060 Willamette Drive Lacey, WA 98516-6267 Email: brian.elliott@cjtc.wa.gov V. RECORDS MAINTENANCE The parties to this Agreement shall each maintain books, records, documents, and other evidence which sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the services described herein. These records shall be subject to inspection, review or audit by personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other material relevant to this Agreement will be retained for six (6) years after expiration and the Office of the State Auditor, federal auditors, and any persons duly authorized by the parties shall have full access and the right to examine any of these materials during this period. Records and other documents, in any medium, furnished by one party to this Agreement to the other party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available this material to any third parties, without first giving notice to the furnishing party and giving a reasonable opportunity to respond. Each party will utilize reasonable security procedures and 7 protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. VI. RIGHTS IN DATA Unless otherwise provided, any data that originates from this Agreement shall be "works for hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by WSCJTC. PPD has a right to request access to this data and WSCJTC will provide the data upon request. Data shall include, but not be limited to, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights. VII. INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. VIII. MODIFICATION This Agreement may be modified or amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. IX. TERMINATION Either party may terminate this Agreement upon thirty (30) days prior written notification to the other party. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. Under this section or the following section, if the parties choose to partially or completely terminate this Agreement, the parties shall mutually agree how any property involved shall be disposed of. It they are unable to do so; they shall submit the dispute to the Dispute Panel provided for in Section XI. If contract is so terminated, any Basic Law Enforcement Academy class currently in session at date of written notification must be completed through graduation with no new classes beginning. X. INDEMNIFICATION/HOLD HARMLESS To the extent allowed by law, the Commission shall defend, indemnify and hold the Agency, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the negligent acts, errors or omissions of the Commission occurring (a) in performance of services reasonably related to this Agreement and (b) either at the request of or under the direction and control of the Commission, its agents or employees, except for injuries and damages caused by the negligence of the Agency, its officers, officials, employees and volunteers. The Commission agrees to defend, indemnify, and hold the Agency, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses, or suits, arising out of the services provided under the direction of the Commission described 8 above. XI. TERMINATION FOR CAUSE If for any cause, either party does not fulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of these terms and conditions, the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or failure within fifteen (15) working days. If failure or violation is not corrected, this Agreement may be terminated immediately by written notice of the aggrieved part to the other. See Section IX for the provisions for disposition of property upon the partial or complete termination of this Agreement. XII. DISPUTES If a dispute arises under this Agreement which the parties are unable to resolve, they shall allow the dispute to be decided by a Dispute Panel in the following manner: Each party to this Agreement shall appoint one (1) member to the Dispute Panel. The members so appointed shall jointly appoint an additional member to the Dispute Panel. The Dispute Panel shall review the facts, contract terms and applicable statutes and rules and decide the dispute. The determination of the Dispute Panel shall be final and binding on the parties hereto. There shall be no charge to the parties for these services of the Dispute Panel. 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. XIII. GOVERNANCE This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this agreement shall be construed to conform to those laws. If an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order. A. applicable state and federal statutes and rules; B. statement of work; and C. Any other provisions of the Agreement, including materials incorporated by reference. XIV. ASSIGNMENT The work to be provided under this Agreement, and any claim arising under this Agreement is not assignable or delegable by either party in whole or in part, without the express prior written consent of the other party, which consent shall not be unreasonably withheld. XV. WAIVER 9 A failure by either party to exercise its rights under this Agreement shall not prevent 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 and attached to the original Agreement. XVI. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared to be severable. XVII. ENTIRE AGREEMENT This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. XVIII. CONTRACT ADMINISTRATION A designated contract administrator for each of the parties shall administer this Agreement and be responsible for and shall be the contact person for all communications and billings regarding the performance of this Agreement. The Interagency Administrator for WSCJTC is: Name: Brian Elliott Title: Fiscal Manager Address: 3060 Willamette Drive, Lacey, WA 98516-6267 Telephone: (360) 281-9346 Email: brian.elliott@cjtc.wa.gov The Interagency Administrator for PPD is: Name: Adam Lincoln Title: City Manager Address: 525 N. 3rd Avenue, Pasco, WA 99301 Telephone: (509) 545-3404 Email: lincolna@pasco-wa.gov XIX. SIGNATURES X Monica A. Alexander Executive Director X Adam Lincoln City Manager