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HomeMy WebLinkAbout4758 Resolution - Amend. to Interlocal Agreement with WSCJTCResolution – Amend. to ILA with WSCJTC - 1 RESOLUTION NO. 4758 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERAGENCY AGREEMENT BETWEEN THE WASHINGTON STATE CRIMINAL JUSTICE TRAINING COMMISSION AND THE CITY OF PASCO FOR THE PROVISION OF FACILITIES AND PERSONNEL SUPPORT FOR THE BASIC LAW ENFORCEMENT ACADEMY. WHEREAS, RCW 39.34, INTERLOCAL COOPERATION ACT, authorizes political subdivisions to jointly exercise their powers, privileges, or authorities with other political subdivisions of this state through the execution of an interlocal cooperative or interagency agreement; and, WHEREAS, the Washington State Criminal Justice Training Commission (WSCJTC) is authorized under Chapter 43.101 RCW to provide criminal justice training; and WHEREAS, the City of Pasco has the facilities and operational capacity to support Basic Law Enforcement Academy (BLEA) training at the Southeast Regional Campus ; and WHEREAS, the proposed agreement provides reimbursement to the City for personnel, facilities, and associated operational costs, and supports regional law enforcement training and recruitment efforts; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Council of the City of Pasco approves the terms and conditions of the Interagency Agreement between the Washington State Criminal Justice Training Commission and the City of Pasco; a copy of which is attached hereto and incorporated herein by reference as Exhibit A; and Be It Further Resolved, that the City Manager of the City of Pasco, Washington, is hereby authorized, empowered, and directed to sign and execute said Agreement on behalf of the City of Pasco. Be It Further Resolved, that this Resolution shall take effect immediately. Resolution – Amend. to ILA with WSCJTC - 2 PASSED by the City Council of the City of Pasco, Washington, on this 6th day of July, 2026. Charles Grimm Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Gabriela Sanchez Ogden Murphy Wallace, PLLC City Clerk City Attorney WASHINGTON STATE CRIMINAL JUSTICE TRAINING COMMISSION Jerrell C. Wills, Interim Executive Director 19010 1st Avenue South • Burien, WA 98148 • Phone: 206-835-7300 • www.cjtc.wa.gov TRAINING THE GUARDIANS OF DEMOCRACY INTERAGENCY AGREEMENT No. This agreement, hereinafter referred to as the “Agreement”, is made and entered into by and between the Washington State Criminal Justice Training Commission, hereinafter referred to as the “WSCJTC”, and the Pasco Police Department, a Law Enforcement Agency, located in Pasco, WA, hereinafter referred to as the “Agency”. Whereas the WSCJTC, pursuant to Chapter 43.101.RCW, is empowered to provide programs and standards for the training of criminal justice personnel and in conjunction therewith may contract with individuals and agencies for the purpose of training; and Whereas the Agency has the ability to provide services and facilities for the purposes of administering Basic Training Academies, including the Basic Law Enforcement Academy, hereinafter referred to as “BLEA”; and Now, therefore, for and in consideration of the mutual promises set forth hereafter, the parties hereto mutually agree as follows: 1. Term This Agreement shall commence on the 1st day of July, 2026 and terminate on the 30th day of June, 2028, subject to prior termination as provided herein and unless as extended by written mutual agreement of the parties hereto. 2. Coordination WSCJTC will notify the Agency of their desire for the Agency to host and administer a Basic Training Academy. WSCJTC will collaborate with the Agency to coordinate sessions agreeable to both parties. The Agency may only host academy sessions which are preapproved by the WSCJTC. 3. Management and Oversight Services performed under the terms of this Agreement shall be under the direct command and control of the WSCJTC and shall ensure that the duties of the Agreement will be performed in a manner consistent with WSCJTC policies and procedures, applicable state and local laws, and the Constitutions of the State of Washington and the United States. 4. Full-Time Assistant Commander The Agency shall support the WSCJTC’s efforts in recruiting the full-time services of one (1) commissioned Peace Officer to serve as the Assistant Commander for the purpose of managing and overseeing the daily operations of the Basic Training Academies held at the Southeast Regional Campus. The WSCJTC will select, approve, and appoint the Assistant Commander in collaboration with the Agency. The WSCJTC reserves final approval of all candidates without cause. This assignment will be memorialized in a Secondary Agreement. June 15, 2026 Page 2 5. Full-Time Teacher, Administrator, Counselor (TAC) Officers The Agency shall support the WSCJTC’s efforts in recruiting the full-time services of three (3) commissioned Peace Officers to serve as TAC Officers for the purpose of administering, conducting, and presenting the Basic Training Academies held at the Southeast Regional Campus. The WSCJTC will select, approve, and appoint the TAC Officers in collaboration with the Agency. The WSCJTC reserves final approval of all candidates without cause. If necessary, the Agency will be responsible for providing Agency officers to serve in these positions. Any period with fewer than three (3) staff provided may not exceed 60 days. These assignments will be memorialized in Secondary Agreements. 6. Part-Time Instructors The Agency may provide to WSCJTC the part-time services of on-duty and qualified Agency or active regional law enforcement personnel (hereinafter referred to as “Instructors”) to provide academy instruction and instructional support. These part-time instructors must be approved by the WSCJTC Regional Academies Commander prior to instructing WSCJTC courses. Assignments will be submitted to the WSCJTC Regional Academies Commander for approval. This agreement will be memorialized in a Secondary Agreement. 7. Additional Training The WSCJTC agrees to provide training opportunities to the Agency’s personnel to ensure a sufficient cadre of instructors. The WSCJTC accepts responsibility for all training-related costs, including travel expenses (at applicable per-diem rates determined by the Office of Financial Management). All requests for training must receive prior approval by the WSCJTC. 8. Administrative Support WSCJTC will provide part-time administrative support for the administration and management of the Basic Training Academies. 9. Facilities The Agency will provide the necessary facilities to successfully conduct the Basic Training Academies. Such facilities include, but are not limited to: • Office Space for a full-time Assistant Commander, including but not limited to: a) Office Phone b) High Speed Internet connection c) Office furniture • Office Space for three (3) full-time TAC Officers, including but not limited to: a) Office Phone b) High Speed Internet connection c) Office furniture • Office Space for one (1) full-time WSCJTC employee, including but not limited to: a) Office Phone b) High Speed Internet connection c) Office furniture • Classroom space • Gym space June 15, 2026 Page 3 • Locker rooms • Firearms range 10. First Right of Refusal for Recruits WSCJTC agrees to grant first right of refusal to the Agency or active Southeast Regional partners for up to eight (8) seats in each BLEA class held at the Southeast Regional Campus for up to six (6) weeks prior to the start date of each class. These seats may only be filled by applicants from the Agency and the Agency may not assign seats to applicants from another organization. Any additional applicants will be processed in accordance with the policies and procedures of the WSCJTC. 11. Provision of Materials, Services, and Supplies Through the Washington State purchasing process, WSCJTC will provide materials, services, and supplies necessary for the operation of academy sessions, unless otherwise agreed to by the Agency and WSCJTC. 12. 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 monthly, when applicable. 13. Billing Procedures The Agency shall submit an invoice to WSCJTC at the end of each month in which services or facilities were provided. WSCJTC shall pay the Agency for all approved and completed work by warrant or account transfer within thirty (30) days of invoicing. All invoices shall be submitted to: Registered Mail Electronic Mail WSCJTC btdaccounting@cjtc.wa.gov Attn: Basic Training Division 19010 1st Ave S Burien, WA 98148 14. 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 June 15, 2026 Page 4 giving notice to the furnishing party and giving a reasonable opportunity to respond. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. 15. Modification No waiver or modification of this Agreement or any covenants, conditions, or limitations herein contained shall be valid unless in writing and duly executed by the parties to be charged therewith; and no evidence of any waiver or modification shall be offered or received in evidence of any proceeding or litigation between the parties hereto arising out of or affecting this Agreement, or the rights or obligations of the parties herein under, unless such waiver or modification is in writing duly executed as aforesaid; and the parties further agree that the provisions of this section may not be waived except as herein set forth. 16. Termination of Agreement This Agreement may be terminated in part or whole without cause at any time by mutual agreement of the parties hereto, or by either party after thirty-days (30) following the other party's receipt of a written intent to terminate. The parties retain the right to cancel this Agreement in part or whole upon ten (10) days written notice to the other party if either party fails to properly keep any of the provisions of this Agreement. In the event of termination under this section, the Agency will be entitled to receive, to the date of such termination on a pro rata basis, the compensation as set forth in Section 9a herein. 17. 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. 18. Indemnification/Hold Harmless Each party shall be responsible for the acts, errors, and omissions of itself and its own officers, employees, and agents acting within the scope of their authority and within the scope of the performance agreement(s). 19. Venue Stipulation This Agreement shall be construed as having been made and delivered with the State of Washington, and the laws of the State of Washington shall be applicable to its construction and enforcement. Any action at law, suit in equity, or judicial proceeding for the enforcement of this Agreement or any provision hereto shall be instituted in King County, Seattle, Washington. 20. 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. 21. Disputes June 15, 2026 Page 5 In the event a dispute arises under this Agreement which the parties are unable to resolve, they may allow the dispute to be decided by a Dispute Panel of three (3) members. Upon the written agreement of both parties to convene a Dispute Panel, the members would be appointed in the following manner: Each party to this Agreement shall appoint one (1) member, and the parties shall jointly appoint one (1) 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 the services of the Dispute Panel. 22. Order of Precedence In the event of any 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 to: applicable federal and state law, regulations and rules; any other provision of this Agreement; and any document incorporated by reference. 23. Waiver 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. 24. 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. 25. Rights in Data Material created from this Agreement shall be “works for hire” as defined by the U.S. Copyright Act of 1976 and shall be owned by the WSCJTC, including but not limited to reports, documents, videos, curricular material, exams or recordings. Such materials are subject to RCW 42.56, the Public Records Act; The WSCJTC may disclose such documents in accordance with the PRA. 26. Notices All notices given herein shall be in writing and shall be sent by electronic mail to the parties at their recognized business addresses. 27. Headings The article headings contained in this Agreement are inserted solely as a matter of convenience and for reference and in no way define, limit, or describe the scope or intent of the provisions of this Agreement. 28. Contact Information Each party shall designate one or more contact points to facilitate communications between the Parties on any matter covered by this Agreement. June 15, 2026 Page 6 Agency WSCJTC Operations Name, Title Email Address Phone Number Contract Administration Name, City Manager Email Address Phone Number Operations Paul Bakala, Regional Academies Commander paul.bakala@cjtc.wa.gov (206) 887-2563 Contract Administration Holly White, Contract Specialist holly.white@cjtc.wa.gov (206) 758-1205 IN WITNESS WHEREOF, the parties have affixed their signatures on the dates below. Dignitary Name, Title Date Jerrell C. Wills, Interim Executive Director Date Agency Name Criminal Justice Training Commission Dignitary Name, Title Date Agency Name Approved as to form: Attest: Name, Title Date Name, Title Date Agency Name Agency Name cc: Interagency Administrator, Agency Name Paul Bakala, Regional Academies Commander, WSCJTC Brian Elliott, Fiscal Manager, WSCJTC Francesca Heard, Budget Unit Manager, WSCJTC Dave Miller, Assistant Director, WSCJTC