Z016 2020 INTERLOCALAGREEMENT FOR LAW ENFORCEMENT SERVICES THIS 2016 2020 INTERLOCALAGREEMENT FOR LAW ENFORCEMENTSERVICES (the Agreement ) is made and entered into this 22nd day of December, 2015, by and between the CITY OF EVERSON ( Everson ) and the CITYOF NOOKSACK( Nooksack ) (collectively referred to herein as the "Parties ), both of which are non-charter code cities operating under the optional municipal code under RCW 35A and both are located in Whatcom County, Washington. I. RECITALS WHEREAS, the jurisdictional city limits of Everson, population of 2,580 per OFM April 1, 2015 estimate, and Nooksack, population of 1,460 per OFM April 1, 2015 estimate, abut each other; and WHEREAS, Everson has established and maintains a police department enforcement and emergency response services to its citizens; that provides law WHEREAS, Everson Police Department is capable of extending and has by prior lnterlocal Agreement extended its law enforcement services to the territory of the neighboring municipality of Nooksack by way of an Interlocal Agreement executed in November 2008, December 2011, and subsequently amended by agreement executed in June 2012 set to expire on December 31, 2015 at 12:00 p.m. ( Current lnterlocal Agreement ); WHEREAS, Everson and Nooksack have determined that it continues to be in the mutual best interest of both jurisdictions to continue, with certain modifications, the Current Interlocal Agreement; WHEREAS, the Parties obtain jail services from Whatcom County through a Jail Services lnterlocal Agreement, defined below; WHEREAS, the Parties have executed Amendment 2 to the Jail Services Agreement that expires on June 30, 2016 after which time the jail and related costs set forth in the Jail Services lnterlocal Agreement attributable to each City are unknown; WHEREAS, the Parties have determined that it is in each City's respective interest, as well as in the pub ic s best interest to pursue their common goals by collectively pooling their resources, sharing information, and sharing costs; WHEREAS, Everson and Nooksack desire to enter into this Agreement under the terms and conditions of Chapter 39.34 RCW (the lnterlocal Cooperation Act) and those set forth below.
ll. TERMS AND CONDITIONS NOW, THEREFORE,in consideration of the mutual promises and covenants contained herein, the Parties agree as follows: 1. DEFINITIONS. For the purposes of this Agreement, the following phrases shall have the meanings indicated; A. Law enforcement service means routine police patrol within the geographical boundaries of Nooksack in order to provide enforcement of state the character of enforcement provided by the Everson Police Department law and Nooksack ordinances to the degree and of within Everson. Each time a patrol is made within the geographical boundaries of Everson, a patrol will also be made within the geographical boundaries of Nooksack. B. "Special law enforcement service means those unusual and additional services involving the investigation of major crimes and in response to specific requests for assistance. C. Jai Services lnterlocal Agreement means that interlocal agreement for Jail Services dated January 17, 2007, and Amendments that expires on or before June 30, 2016 executed by Whatcom County, and the City of Everson, among other parties D. Jai Services means those incarceration and related services provided by Whatcom County set forth in the Jail Services lnterlocal Agreement. 2. TERM. This Agreement shall commence on January 1, 2016 at 12:01 a.m. and terminate without further action required at 12:00 midnight on December 31, 2020, except as provided for herein. Agreement A. Re-Opener to negotiate increase costs for Jail Services. The City of Everson may re open this at any time upon receipt of notice from Whatcom County that the costs ofjail Services will increase above the rate assessed in January 2016. Such re-opening shall occur upon the City of Everson mailing of notice to the City of Nooksack (the Re opendate ). Representatives of the City of Nooksack and the City of Everson shall meet and re-negotiate this Agreement within thirty (30) days ofthe Re- Open Date (the Re OpenPeriod ). If the Parties hereto do not reach an agreement during the Re-Open Period to modify this Agreement to amend Section 3 of this Agreement to reflect the increased costs of Jail Services, thereafter the City of Everson may terminate this Agreement effective thirty (30) days after delivery of written notice to terminate this Agreement. B. Termination. In addition to any other provision in this Agreement, either Party may terminate this Agreement by delivery of written notice prior to January 31 of a calendar year stating that the Agreement 3. CONSIDERATION. shall terminate effective December 31 of that calendar year. 3.1 Basic consideration. In consideration of the law enforcement service and the special law enforcement service to be provided by Everson to Nooksack and the pass through costs ofjail Services
as provided for herein, Nooksack agrees and promises to pay to Everson the following sums in installments as set forth below: A. 2016: The sum ofone Hundred Fifty-Five Thousand US Dollars($155,000.00); B. 2017: One Hundred Fifty-Nine Thousand, Six Hundred Fifty US Dollars($159,650.00); C. 2018: One Hundred Sixty-Four Thousand, Four Hundred Forty US Dollars ($164,440.00); D. 2019: One Hundred Sixty-Nine Thousand, Three Hundred Seventy US Dollars ($169,370.00). E. 2020: One Hundred Seventy Four Thousand, Four Hundred Fifty One US Dollars ($174,451.00). 3.1.1lnstal ment Payments. All payments set forth above shall be payable in quarterly installments within fifteen (15) calendar days of the end of each quarter of the applicable calendar year. Any final adjustments for percentage calculations due to rounding of these amounts shall be made in the final payment due at the end of the term of this Agreement. The total consideration for this five (5) year agreement is Eight Hundred Twenty Two Thousand, Nine Hundred Eleven US Dollars ($822,911.00). The payments due herein do not include any payment due under any prior agreements, or any prior period pursuant to other agreements. 3.2 Fines, Forfeitures and Penalties. In addition to the consideration provided in Section 3.1, the Parties hereto agree that it is proper, legal, and necessary that all fines, assessments, forfeitures, penalties and fees (including community service fees) received by Nooksack are necessary to be transmitted to Everson to fairly and equitable compensate Everson for services and expenses incurred by Everson made necessary by the crime or infraction for which the fine, fee, assessment, or charge is imposed. Accordingly, Nooksack shall within thirty (30) days of receipt, remit to Everson an amount equal to all fines, assessments, penalties, fees, and/orforfeituresreceived by Nooksack, net of assessments or other required remittances, prosecution, probation and incarceration resulting from violations of the Nooksack Municipal Code. The Parties agree that Nooksack s transfer/remittanceof all fines, assessments, forfeitures, penalties and fees (including community service fees) as a result of enforcement of Nooksack s laws and ordinances may occur as a result of Everson s collection of the same. 3.3 The right to additional consideration is hereby assigned to Everson by Nooksack. In the event that the State Auditor or adjudicative body determines that actual remittance of the fines, assessments, penalties, fees, and/orforfeitures requires that Nooksack collect the revenue and then remit the same to Everson, Nooksack shall within (30) days of collection of such revenue remit the same in the amounts required in this Agreement to Everson. 3.4 Notwithstanding the foregoing, in the event that the State Auditor or adjudicative body after reasonable notice to Everson determines that Nooksack is not authorized by law to remit to Everson such fines, assessments, penalties, fees, and/orforfeitures, Everson may terminate this Agreement effective thirty (30) days after receipt of such determination or the withholding of funds by Nooksack as a result of such determination.
4. POWERS CONFERRED.Nooksack hereby confers municipal police authority on such Everson officers as might be engaged hereunder in enforcing Nooksack criminal and traffic ordinances, of the character enforced by the Everson Police Department hereby appoint within Everson, within Nooksack boundaries, and does Everson s Chief of Police as Nooksack s Chief law enforcement officer and the Everson Municipal Court Judge as Judge of the Nooksack Municipal Court. The Mayor of Nooksack shall execute such orders or confirm such appointments 5. SCOPE OF SERVICES.Everson promises to: as are necessary to implement this paragraph. 5.1 Provide law enforcement and animal control service within the geographical boundaries of Nooksack, rendering such service at the same level, degree, and type as customarily rendered by Everson in its rendering of law enforcement service within its boundaries. 5.2 Provide the Mayor of Nooksack with a monthly briefing on policy changes and significant activity within Nooksack. Further, Everson, through its Chief of Police or his/herdesignee shall submit a written briefing to Nooksack City Council on law enforcement activity within Nooksack on a quarterly basis. 5.3 Furnish all personnel and any and all other things necessary to accomplish the levels of law enforcement service herein described. 5.4 Conduct and staff (including judge and probation services) the Nooksack Municipal Court simultaneously with the Everson Municipal Court. 5.5 Provide and pay for assigned counsel for indigent criminal defendants when ordered by the Municipal Court Judge. 5.6 Provide all prosecutorial and probationary services. 5.7 Pay Jail Services expenses consistent with the Jail Services lnterlocal Agreement with Whatcom County, as may be amended or extended. 5.7 Timely remit to the proper agencies any assessments or distributions required from or in addition to criminal fines and civil infractions. 6. RESPONSETIME. Everson agrees to provide said law enforcement services by using regularlyscheduled officers and support personnel. Response to calls for service will be the nearest available unit. Everson shall maintain mutual aid agreements with the cities of Lynden and Sumas in order to provide backup personnel in the event that its personnel are unavailable to answer an emergency within Nooksack. 6.1 This provision is not intended by the Parties to promise or ensure any individual citizen that an emergency or other call made by or for that person will be responded to within any stated period of time nor is this provision intended to provide or to be the basis of any liability to or from any persons outside of the contracting Parties hereto.
6.2 Control of personnel, standards of performance, discipline and all other aspects of employee performance shall be governed entirely by Everson. 6.3 All persons rendering service hereunder shall be for all purposes employees or contractors of Everson or, in the event of service pursuant to a mutual aid agreement, employees of the jurisdiction providing the mutual aid, despite the appointment hereunder for statutory purposes of the Everson Chief of Police as the chief law enforcement officer of Nooksack. 6.4 All liabilities for salaries, wages, overtime or other compensation, injury, sickness or other personnel related matter shall be that of Everson. 7. INTEGRATEDAGREEMENT. This Agreement contains all of the understandings between the Parties. Each Party represents that no promises, representations or commitments have been made by the other as a basis for this Agreement, representations which have not been reduced to writing herein. No oral promises or shall be binding upon either Party, whether made in the past or to be made in the future, unless such promises or representations are reduced to writing in the form of a modification to this Agreement, duly authorized and executed with all necessary legal formalities by both the Parties. 8. FILINGOF AGREEMENT. In compliance with RCW 39.34.040, this Agreement and any modification thereof shall not be effective until a copy hereof is filed with the City Clerk of each Party, the Whatcom County Auditor, or alternatively, listed by subject on the public agency's web site or other electronically retrievable public source, PROVIDED,that any delay in effecting compliance with this Paragraph shall not affect the stated term hereof. 9. COUNTY EMS LEW. Because the Whatcom County Sales & Use Tax for Counties and Cities, Proposition 1, was passed by the voters of Whatcom County, Nooksack shall forward to Everson its share of law enforcement levy revenue within thirty (30) days of receipt. This allocation shall only apply to this levy, and no other levy without written agreement of the Parties. 10. LAW ENFORCEMENTGRANTS. From time to time, the Police Chief for Nooksack, as designated herein, may make applications for law enforcement grants from various state and federal agencies on behalf of Nooksack, in consultation with the Mayor of Nooksack. Any equipment, received from such grants Everson during the term training or funds shall be dedicated to the law enforcement services for both Nooksack and of this Agreement. 11. IMPACT FEESAND SEPA MITIGATION. Nooksack, under certain circumstances, including the exercise of its substantive authority under the State Environmental Policy Act ("SEPA ),has the ability to charge or assess mitigation fees and/orrequire actions of mitigation, including without limitation, the payment of a mitigation fee or construction of physical improvements, and/orthe provision of equipment, to mitigate the impacts of development within Nooksack upon law enforcement services. Nooksack agrees that prior to the issuance of any SEPA threshold determination by Nooksackfor any annexation, development or other activity within Nooksack, a Nooksack SEPA official shall provide written notice of the proposed action to the Everson Chief of Police soliciting comments and a determination that law
enforcement can be provided pursuant to this Agreement at urban levels of services as such levels may be established by Nooksack and accepted by Everson. 12. MUNICIPAL AUTHORITY. Nooksack confers its municipal authority on the Everson Police Department engaging in law enforcement tasks pursuant to this Agreement for enforcement of State law and Nooksack ordinances within Nooksack sjurisdiction. 13. INDEPENDENTCONTRACTOR.The Parties agree that Everson is acting as an independent contractor and so all personnel of the police department controlled by the same, including standards of performance shall be, for all purposes, employees of Everson and and discipline. 14. POLICECHIEF. Notwithstanding any of the foregoing, the Parties agree that the police chief shall be appointed by Everson, with the advice of the Mayor of Nooksack, and shall be directly supervised by the Mayor of Everson, who shall consult on a regular basis with the Mayor of Nooksack regarding supervision. 15. CONFORM LAWS. Everson and Nooksack shall, to the extent reasonable and feasible and with all due consideration for local circumstances, make diligent efforts to conform ordinances, rules, and regulations to provide for consistent, effective and efficient delivery of law enforcement. 16. INDEMNIFICATION. 16.1 To the extent permissible by law, Nooksack shall defend, protect, save, and hold harmless, and indemnify Everson from and against all claims, suits or other actions arising from the constitutionality of any ordinance of Nooksack. Everson does not assume liability or responsibility for or in any way release Nooksack from any liability or responsibility, which arises in whole or in part from the existence, validity or effect of Nooksack ordinances, rules or regulation. If any such cause, claim, suit, action or administrative proceeding is commenced, Nooksack shall defend the same at its sole expense and ifjudgment satisfy the same. is entered or damages are awarded against Nooksack, Everson, or both, Nooksack shall 16.2 To the extent permissible by law, Nooksack shall indemnify and hold harmless Everson and its officers, agents, and employees, or any of them, from and against any and all claims, actions, suits, liability, loss costs, expenses, and damages of any nature whatsoever, which are caused by or result from a negligent act or omission of Nooksack, its officers, agents, and employees. 16.3 Everson shall indemnify and hold harmless Nooksack and its officers, agents, and employees, or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses and damages of any nature whatsoever, which are caused by or result from a negligent act or omission of Everson, its officers, agents, and employees in performing services pursuant to this Agreement. 17. NOTICES.Any notice, demand, request, consent, approval or communication that either Party desires or is required to give to the other Party shall be in writing addressed to the other Party at the addresses as follows:
TO EVERSON: TO NOOKSACK: CITYOF EVERSON 111 W. MAIN STREET PO BOX315 EVERSON,WA 98247 CITYOF NOOKSACK 103 W. MADISON STREET NOOKSACK,WA 98276 or to such address as may have been specified by notifying the other Party of the change of address. Notice shall be deemed served on the date of actual delivery or the first attempted delivery as shown on the return receipt if mailed with the United States Postal Service by certified mail, return receipt requested. 18. SURVIVAL. Allobligations of Nooksack as provided for in this Agreement shall not cease upon the termination ofthis Agreement and shall continue as obligations until fully performed. Allclauses of this Agreement which require performance beyond the termination date shall survive the termination date of this Agreement. 19. GOVERNING LAW, VENUE,AND ARBITRATION. This agreement shall be governed by the laws of the State of Washington. Venue of any legal action shall be in the Superior Court for Whatcom County, Washington. The prevailing Party in any litigation shall be entitled to reasonable attorneys fees and costs. Any dispute arising out of this Agreement shall, at the request of either Party (except where the agreement of both Parties is required herein), be submitted to binding arbitration as provided below. The Parties shall select an independent and unbiased arbitrator within ten (10) days after either Party demands arbitration. Ifthe Parties fail to select, or cannot agree upon an arbitrator within this time, then either Party may request the presiding Superior Court Judge of Whatcom County, pursuant to RCW 7.04A et seq. for an order appointing an arbitrator. The Court shall then select an arbitrator. The arbitrator shall set the matter for hearing and render his or her decision if at all reasonably possible within sixty (60) days after his/herappointment. The arbitration shall be conducted pursuant to the Mandatory Arbitration Rules for Whatcom County Superior Court ( MAR ).The arbitrator's decision shall be binding on both Parties. Each Party shall bear its own expenses associated with the arbitration but shall share equally the costs of the arbitrator. RCW Chapter 7.04A and MAR shall govern the arbitration. In the event of any inconsistencies in these rules, the binding arbitration provisions of this Agreement shall take precedence. 20. CONTACTPERSONS. The following elected positions, referred to as Contact Person(s), are responsible for the administration of this Agreement for each Party: For Everson: CITYMAYOR For Nooksack: CITYMAYOR or such other persons as may be specified from time to time in writing by the applicable Party.
21. SEVERABILITYİn case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 22. GENERALPURPOSE. Everson shall provide law enforcement services for Nooksack including but not limited to, patrol, writing citations, writing and forwarding reports to the prosecutor, appearance at hearings or trials, response to complaints or calls, transportation of persons arrested to jail, investigation, traffic control, emergency service, service of civil documents, training and all other tasks typically performed by a municipal police department of a city the size of Everson or Nooksack. 23. ASSIGNABILITYṄeither Party may assign this Agreement without the prior written consent of the other, which consent may be withheld for any reason or no reason. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date and year first above written, with the agreement having been approved by a majority of the City Council of each Party. EVERSON NOOKSACK,/ BY; Ji6/hn Perry ITS: Mayor //5/zoie Date