HomeMy WebLinkAbout4324 Resolution - WA ST Criminal Justice Training Commission ILA RESOLUTION NO.4324
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE AN
INTERAGENCY AGREEMENT BETWEEN THE WASHINGTON STATE
CRIMiNAL JUSTICE TRAINING COMMISSION AND PASCO POLICE
DEPARTMENT.
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 City of Pasco, Washington, and the Washington State Criminal Justice
Training Commission {WSCJTC) desire to enter into this Interagency Agreement to provide
services and facilities to WSCJTC for the purposes of running the Basic Law Enforcement
Academies (BLEA); and
WHEREAS, the City of Pasco, Washington wishes to contribute dedicated personnel to
support the operation of the BLEA; and
WHEREAS, the City of Pasco, Washington shall do all things necessary for, and
incidental to the performance of duties set forth in this Agreement; and
WHEREAS, the City Council of the City of Pasco, Washington, has after due
consideration, determined that it is in the best interest of the City of Pasco to enter into the
Interagency Agreement to provide services and facilities for the purposes of running the BLEA for
the WSCJTC.
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 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
Se It Further Resolved, that the Interim 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; and to make minor substantive changes necessary to execute the Agreement.
Be It Further Resolved, that this Resolution shall take effect immediately.
Resolution—Washington State Criminal Justice Training Commission ILA- 1
PASSED by the City Council of the City of Pasco,Washington, on this 20tb day of March,
2023.
-,
Blanche�ara�as
Mayor
ATTEST: APPROVED AS TO FORM:
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De ra arham, CMC � Kerr Fergus , LLC
City Clerk City At� `��eys
Resolution—Washington State Criminal Justice Training Commission ILA-2
WASHINGTON STATE
CR�N1Il�TAL JUS'I'lCE TRAINING COMMISSION
Monica A.Alexander,Executive Direc�or
1901(1 lst �vemre South • Burien,WA 981�8 • Phone:206-835-73+�0 • �•w�ti�.citc.�tate.wa.u�.
WSCJTC Contract No. IA23-048
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) Manaaement 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.
a) Pa ment 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 15t Ave
South, Burien, WA 98148.
3) Pa ment 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 15t Ave South, Burien, WA 98148.
4) Pa ment for PPD Facilit Usa e
Facility Use reimbursement will be defined in a separate Real Estate Lease
Agreement.
Payment for PPD Facility Remodel (One-Time Cost):
THE WSCJTC may reimburse PPD up to $35,000 for one-time costs associated with
the renovation and equipment of the current PPD training facility located at 204 West
Clark Street. This is in addition to the$165,600 identified in the lease agreement to be
used for renovations and equipment. PPD must submit a written request to the
WSCJTC for any renovation projects or equipment. The WSCJTC will provide written
response to the request and identify the amount the WSCJTC agrees to provide for
the requested project.
5) Pavment for Instructor Traininq
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
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amount upon submission by PPD of an invoice to WSCJTC.
6) Provision of Materials Services and Su lies
Through the State purchasing process, WSCJTC will provide materials, services,
and supplies, unless otherwise agreed to by PPD and WSCJTC.
7) 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
of agreement as set forth in section (IX).
8) Health and Safetv
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).
9) First Riaht 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 (S) 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.
10)Maximum Capacitv ofeach 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 the 2024 state fiscal year. At the end of
state fiscal year 2024, PPD and WSCJTC will evaluate the ability of PPD to support
an additional third class per calendar year.
2. Provide the BLEA Assistant Commander
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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. Manage and oversee budget.
5. Manage and oversee equipment and Inventory of purchase(s).
b) Instruction Res onsibilities 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 Resqonsibilities
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
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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
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. OfFce 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 Traininq
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.
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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.)
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
May 1,202� June 30, 2024 (the"Term"), unlessterminated 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 a.�citc.wa.r�ov
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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
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.
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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. INDEMNIFICATIONIHOLD 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
above.
XI. TERMINATION FOR CAUSE
If for any cause, either party does not fulfrll 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.
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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
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 pariy 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: "<<:�itc.wa.c�ov
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The Interagency Administrator for PPD is:
Name: Ken Roske
Title: Chief of Police
Address: 215 West Sylvester Street, Pasco WA 99301
Telephone: (509) 545-3437
Email: ROSKEK{c�pasco-wa.,cLov
XIX. SIGNATURES
X X
Monica A.Alexander Ken Roske
Executive Diredor Chief of Pasco Police Department
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