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HomeMy WebLinkAboutContractCAG -13 -208 WASHINGTON STATE CRIMINAL JUSTICE TRAINING COMMISSION Susan L. Rahr, Executive Director 19010 1st Avenue South • Burien, WA 98148 • Phone: 206 - 835 -7300 • www.citc.state.wa.us AGREEMENT This agreement is made and entered into by and between the Renton Police Department and the Washington State Criminal Justice Training Commission, hereinafter referred to as the "Commission ". Whereas Shelly Hamel is employed by the Renton Police Department as an employee, holding the position of Officer therein; and Whereas the Commission, 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 Commission desires to contract with the RENTON POLICE DEPARTMENT for the full -time services of Shelly Hamel in administering, conducting, and presenting this state's Basic Law Enforcement Academy program; 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 1g1h day of November, 2013 and terminate on the 30th day of November, 2016, subject to prior termination as provided herein and unless as extended by written mutual agreement of the parties hereto. (2) Duties of the RENTON POLICE DEPARTMENT The RENTON POLICE DEPARTMENT shall provide the full -time services of Shelly Hamel to the Commission for the purpose of administering, conducting, and presenting the state's Basic Law Enforcement Academy program. Such services shall include, but not be limited to: (a) Providing classroom instruction in assigned subjects. (b) Creating written and practical exercises relating to classroom instruction. (c) Writing test material. (d) Researching /updating classroom instruction and teaching materials. (e) Tutoring /counseling recruit officers. (g) Grading exams. (h) Assisting and coordinating practical training exercises. (i) Suggesting revisions to academy programs and curriculum. Mission: The Washington State Criminal Justice Training Commission enhances public safety by establishing standards and providing education and training. Values: Professionalism • Integrity • Accountability (3) Consideration In consideration of those services provided under this agreement, the Commission shall reimburse to the RENTON POLICE DEPARTMENT its full payment of salary to Shelly Hamel, including all benefits and all increases to said salary or benefits, during the period of Hamel's service to the Commission herein under. The Commission shall pay said reimbursement amount upon submission by the Renton Police Department of a monthly invoice to the Commission at P.O. Box 40905, MS 40905, Olympia, Washington 98504 -0905. (4) Agreements Outside of This Agreement This agreement contains the complete agreement between the parties and shall, as of the effective date hereof, supersede all agreements, either written or oral, between the parties. The parties agree that neither of them has made any representations with respect to the subject matter of this agreement or any representations, including the executing and delivery hereof, except such representations as are specifically set forth herein; and each of the parties hereto acknowledges that it has relied on its own judgment in entering into this agreement. (5) 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. (6) Termination of Agreement This agreement may be terminated without cause at any time by mutual agreement of the parties hereto, or by either party after sixty -days (60) following the other party's receipt of a written intent to terminate. The parties retain the right to cancel this agreement 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 RENTON POLICE DEPARTMENT will be entitled to receive, to the date of such termination on a pro rata basis, the compensation as set forth in section (3) herein. (7) Employment Obligations of Parties The RENTON POLICE DEPARTMENT agrees to pay to Shelly Hamel the full salary and benefits, including all increases to said salary and benefits, accruing to her as an employee of the RENTON POLICE DEPARTMENT during the period of her services herein under. Additionally, the RENTON POLICE DEPARTMENT agrees to extend to Shelly Hamel all rights, privileges, and benefits attendant to and resulting from her employment by the RENTON POLICE DEPARTMENT, including any and all promotional opportunities otherwise available to her. The RENTON POLICE DEPARTMENT further agrees that upon completion and conclusion of Shelly Hamel' service herein under, and in the absence of any promotion or upgrading in classification which has occurred during the duration of this agreement, she will be returned and reinstated to the RENTON POLICE DEPARTMENT at the same or equal commissioned rank or position which she held on the beginning date of this agreement. The Commission agrees to effect all necessary evaluation and documentation regarding Shelly Hamel during the period of her service herein under and as required by the RENTON POLICE DEPARTMENT. The Commission additionally agrees to provide Shelly Hamel a work and learning experience and professional opportunities for career development and enrichment at no special cost or direct cost to the RENTON POLICE DEPARTMENT. (8) Indemnification /Hold Harmless The Commission shall defend, indemnify and hold the RENTON POLICE DEPARTMENT, 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 RENTON POLICE DEPARTMENT, its officers, officials, employees and volunteers. Whereas the Commission desires to contract with the Department for the loan of Department employee Shelly Hamel for full -time services in administering, conducting, and presenting this state's Basic Law Enforcement Academy program; (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. (9) Medical /Health and Workers' Compensation Benefits In the event of any injury to, or the illness or death of Shelly Hamel while acting in performance of this agreement, the RENTON POLICE DEPARTMENT agrees to extend to Shelly Hamel medical / health and workers' compensation benefits and other compensation, to the same extent and in the same manner as if such injury, illness, or death had occurred during work assignment in and for the RENTON POLICE DEPARTMENT. (10) 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. (11) Assignment Each party to this agreement stipulates that the agreement is one for personal services and accordingly neither party hereto may assign, sublet, or transfer any interest in this agreement. (12) Compliance With Laws The parties hereto agree to comply in carrying out the terms of this agreement with all applicable federal, state, and local laws, ordinances, and regulations, including but not necessarily limited to, the laws pertaining to civil rights and laws pertaining to the Commission and the RENTON POLICE DEPARTMENT, including merit system rules. (13) Notices All notices given herein shall be in writing and shall be sent by registered mail to the parties at their recognized business addresses. (14) Headings The article headings contained in this agreement are inserted solely as a matter of convenience and for reference and in no way do they define, limit, or describe the scope or intent of the provisions of this agreement. IN WITNESS WHEREOF, the parties have affixed their signatures on the dates below. Washington State Criminal Justice Training Commission Sue Rxecutive Director Criminal Justice Training Commission 190101st Avenue South Burien, Washington 98148 Renton Police Department �L to Kevin Milosevich, Chief Date Renton Police Department 1055 S Grady Way Renton, Washington 98055 cc: Brian Elliott, Fiscal Manager, WSCJTC David Bales, BLEA Commander Trooper Shelly Hamel, Washington State Patrol City of Renton: ''"" �Lr Denis Law, Mayor Date erk