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HomeMy WebLinkAbout08-18-2026 Police Chief Services_ILA_City of WenatcheeDocusign Envelope ID: 194FOB90-1053-86B4-812A-5FC94E79FF53 INTERLOCAL AGREEMENT FOR POLICE CHIEF SERVICES This Agreement is entered into between City of Wenatchee ("Wenatchee") and the City of East Wenatchee ("East Wenatchee"). Wenatchee and East Wenatchee are at times referred to individually as "Party" or collectively as "Parties." RECITALS 1. Wenatchee is a municipal corporation organized and existing under the Washington State Constitution and the laws of the State of Washington, and particularly those set forth at RCW Title 35A; 2. East Wenatchee is a municipal corporation organized and existing under the Washington State Constitution and the laws of the State of Washington, and particularly those set forth at RCW Title 35A; 3. Wenatchee and East Wenatchee each maintain and operate their own police departments to provide law enforcement services within their respective jurisdictions; 4. East Wenatchee currently employs Richard Johnson as Chief of Police. Chief Johnson serves as the executive and chief administrator of the EastWenatchee Police Department; 5. Wenatchee is expecting that its chief executive and administrative position, designated as the Police Chief, will soon be vacant; 6. Wenatchee has determined executive and administrative law enforcement services can be more efficiently and effectively provided by contracting with East Wenatchee to have Chief Johnson serve as its Police Chief; 7. The purpose of this Agreement is to allow Chief Johnson to provide the executive and administrative law enforcement services to Wenatchee as its Police Chief; and 8. The Parties have authority to enter into this Agreement pursuant to RCW 10.93.130, and RCW Chapter 39.34. TERMS OF AGREEMENT 1. Purpose. East Wenatchee shall provide executive level law enforcement and administrative services consistent with the scope of work attached hereto as Exhibit "A" ("Services"). Wenatchee shall designate East Wenatchee's Chief of Police, Richard Johnson, as acting Chief of the Wenatchee Police Department. Chief Johnson shall perform all duties and exercise all powers granted to the current Police Chief in Wenatchee's governing documents, the Wenatchee City Code, and the Wenatchee Civil Service Rules and Regulations, except as stated in this Agreement. Chief Johnson shall hire, discipline, discharge, and supervise all employees of Wenatchee Police Department, including all employees (commissioned and non-commissioned) and volunteers who provide service within Wenatchee's service area. Chief Johnson shall have the authority to act on behalf of Wenatchee on any board or commission where the Wenatchee Police Chief holds a position. 2. Reporting. Chief Johnson shall work under the direction of and report to the Wenatchee City Mayor. Chief Johnson will be exempt from the requirement to work under the direction of the City Administrator as stated in Wenatchee City Code sections 1.08.200 and 1.11.020(2)(d); Page 11 Docusign Envelope ID: 194FOB90-1053-86B4-812A-5FC94E79FF53 provided that in the Mayor's absence, Chief Johnson shall report to the City Administrator. Chief Johnson shall attend all Wenatchee City Council meetings unless excused from attendance by Wenatchee City's Mayor, and in the Mayor's absence the City Administrator, or in the event of exigent circumstances. 3. Compensation. Wenatchee will make a monthly payment of $17,180.00 to East Wenatchee for the Services. Any partial months of Services shall be prorated. The monthly payment will be subject to an annual escalator, effective January 1, equal to the U.S. Consumer Price Index for Urban Wage Earners and Clerical Worker (CPI-W) (July to July) for the Pacific Region (Series ID #CWUR0490SAO), with a cap of 4.5%. East Wenatchee shall invoice Wenatchee monthly, and Wenatchee shall pay all invoice amounts within 30 days of receipt of such invoice. 4. Term. This Agreement shall take effect on September 1, 2026 ("Commencement Date") unless the Parties mutually agree in writing to delay implementation to a later date. This Agreement shall remain in effect until December 31, 2027, unless one or both of the Parties terminates this Agreement pursuant to Section 5 below. If neither Party terminates this Agreement by December 31, 2027, the Agreement shall renew automatically for successive one-year terms, subject to termination pursuant to Section 5 below. 5. Termination. a. Voluntary Termination. Either Party shall be entitled to unilaterally terminate this Agreement for any reason or no reason at all. Termination may be accomplished by the Party seeking to terminate providing not fewer than 120 days' notice prior to termination. b. Termination for Cause. Either Party shall be entitled to terminate this Agreement for cause based on a material breach of this Agreement upon 90 days' notice to the breaching Party and opportunity to cure within 60 days' notice. c. Automatic Termination. This Agreement shall automatically terminate, without any required prior notice, in the event Chief Johnson dies, separates from employment as the Police Chief for East Wenatchee, or is no longer in good standing with the Washington State Criminal Justice Training Commission. d. Effect of Termination. Upon termination, East Wenatchee shall be relieved of any further obligation to provide services hereunder, and Wenatchee shall be liable only for payment attributable to the services rendered prior to the effective date of termination. e. Authority to Terminate. During any term of the Agreement, the Mayor of either Party has the authority to issue a termination notice to the other Party. 6. Level of Service. a. East Wenatchee's provision of Services to Wenatchee shall maintain or improve operational service levels enjoyed by Wenatchee prior to the effective date of this Agreement. b. Services provided under this Agreement shall be administered in the interest of Wenatchee and performed in a professional and competent manner pursuant to and within the relevant timelines, applicable law enforcement service standards, and any local, state, and federal laws applicable to the performance of the Services. Page | 2 Docusign Envelope ID: 194FOB90-1053-86B4-812A-5FC94E79FF53 7. No Separate Entity Created. This Agreement does not establish a separate legal or administrative entity; nor does this Agreement create any separate budget or financing method. 8. Personnel, Equipment, and Office Space. a. East Wenatchee shall be solely responsible for supplying all staffing and all equipment necessary to provide the services needed to support Chief Johnson as Chief of the East Wenatchee Police Department. East Wenatchee shall provide a vehicle for Chief Johnson to use while performing duties and Services under this Agreement b. Wenatchee shall be solely responsible for establishing and supplying all staffing and all equipment necessary to provide the services needed to support Chief Johnson as Chief of the Wenatchee Police Department. c. Wenatchee shall provide Chief Johnson with access to files and other records reasonably necessary for Chief Johnson to provide the Services. In compliance with RCW 39.34.240, the Parties intend to enter into a separate agreement related to Chief Johnson's access of category 3 or higher data, as defined by the Washington State Office of Privacy and Data Protection. d. The Parties do not anticipate acquiring jointly owned personal or real property under this Agreement. Upon termination of this Agreement, any property used in conjunction with this Agreement shall remain the property of the Party in whose name it was acquired. 9. Bond. If a bond is required by RCW 35A. 12.080 or Wenatchee City Code section 1.08.230 for Chief Johnson to perform services as the acting Police Chief for the Wenatchee Police Department, then Wenatchee shall be responsible for the payment of such bond. 10. Administration of Agreement. This Agreement shall be jointly administered by the following persons: For Wenatchee: Mayor Mike Poirier For East Wenatchee: Mayor Crawford. 11. Records. All records received, used, or prepared in connection with the Services shall remain in the custody of Wenatchee and shall be maintained in such manner as may be prescribed by Wenatchee. 12. Indemnification. a. Page | 3 Each Party shall defend, indemnify, and hold the other Party, 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 acts, errors or omissions of the indemnifying Party in performance of this Agreement, except for injuries and damages caused by the sole negligence of the indemnified Party. East Wenatchee shall be responsible for the actions and conduct of Chief Johnson while he is serving in his capacity of East Wenatchee Chief of Police. Wenatchee shall be responsible for the actions and conduct of Chief Johnson while he is serving in his capacity of Wenatchee Chief of Police. Docusign Envelope ID: 194FOB90-1053-86B4-812A-5FC94E79FF53 b. For purposes of Wenatchee City Code chapter 1.64, Chief Johnson will not be considered an "employee," "official," or "volunteer." 13. Insurance. The Parties shall procure and maintain without interruption during the term of this Agreement, the insurance of the types and in the amounts specified below. Insurance may be maintained through membership in a risk pool. a. Minimum Scope of Insurance i. Automobile Liability insurance covering all vehicles operated by Chief Johnson in the performance of his duties. The amount of insurance shall be consistent with the insurance coverage provided to other members of the respective police departments. It is expected that Chief Johnson will continue to use an East Wenatchee Police Department vehicle while performing services under this Agreement, but in the event Chief Johnson is using a Wenatchee Police Department vehicle, insurance coverage shall be through the Wenatchee Police Department. ii. Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop-gap independent contractors and personal injury and advertising injury. East Wenatchee shall be named as an additional insured under the Wenatchee Commercial General Liability insurance policy with respect to the work performed for Wenatchee using an additional insured endorsement. iii. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. iv. Professional Liability insurance appropriate to the position of Chief of Police. b. Minimum Amounts of Insurance i. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $2,000,000 per accident. ii. Commercial General Liability insurance shall be written with limits of no less than $2,000,000 each occurrence, $2,000,000 general aggregate. c. Failure on the part of either Party to maintain the insurance as required shall constitute a material breach of this Agreement, upon which the non-breaching Party may, after giving five business days' notice to the breaching Party to correct the breach, immediately terminate the Agreement if the breach remains uncorrected or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the non-breaching Party on demand. 14. Independent Contractors. Wenatchee and East Wenatchee are separate and independent governmental entities in all respects. The Parties intend that an independent contractor- client relationship will be created by this Agreement. Nothing in this Agreement shall be interpreted as Wenatchee becoming the employer of Chief Johnson. None of the benefits provided by Wenatchee to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from Wenatohee to Chief Johnson. Except as expressly provided herein, no agent, employee, or other representative of the Parties shall be deemed to be an employee of the other Party for any reason. Page | 4 Docusign Envelope ID: 194FOB90-1053-86B4-812A-5FC94E79FF53 15. Compliance with Laws. The Parties, in performance of this Agreement, shall comply with all applicable state, local, and federal laws, including standards for licensing, certification and operation of facilities, programs, and accreditation, and licensing of individuals and other standards or criteria. 16. Nondiscrimination. The Parties are equal opportunity employers, and shall not discriminate against any employee or applicant on the grounds of race, color, religion, sex, sexual orientation, national origin, creed, marital status, age, veteran status, or the presence of any disability; provided that the prohibition against discrimination in employment because of disability shall not apply if the particular disability prevents the particular worker involved from performing the occupational requirements of the job. The Parties shall not, on the grounds of race, color, sex, sexual orientation, religion, national origin, creed, marital status, age, veteran status or the presence of any disability deny any individual any services or other benefits provided under this Agreement. Furthermore, during the term of this Agreement, a Party, including any assignee, shall not discriminate on the bases enumerated at RCW 49.60.530(3). Failure on the part of either Party to comply with this Section 16 shall constitute a material breach of this Agreement, upon which the non-breaching Party may, after giving five business days' notice to the breaching Party to correct the breach, immediately terminate the Agreement if the breach remains uncorrected. 17. Assignment. Neither Party may assign this Agreement or any part thereof without the express written consent of the other Party. Chief Johnson may not assign or delegate any of his duties or Services under this Agreement to any other employee of East Wenatchee, or to any third- party; provided that Chief Johnson may utilize employees of the Wenatchee Police Department to assist him in carrying out the duties and Services herein. 18. No Benefit to Third Parties. This Agreement is entered into for the benefit of the Parties hereto and shall confer no benefits, direct or implied, on any third persons. This Agreement does not create any exception to the Public Duty Doctrine. 19. Entire Agreement. The recitals to this Agreement are incorporated by this reference and are part of this Agreement. This Agreement constitutes the entire Agreement between the Parties hereto and supersedes all previous understandings and agreements, written and/or oral, with respect to the subject matter of this Agreement. This Agreement may be amended only by written instrument executed by the Parties. 20. Dispute Resolution, Jurisdiction, and Venue. Prior to either Party filing suit as a result of any disagreement arising out of this Agreement, the Parties shall first meet informally in an attempt to resolve the disagreement. Venue for any action arising out of this Agreement shall be Chelan County, Washington. 21. Neutral Authorship. Each of the provisions of this Agreement has been reviewed and negotiated directly between the Parties and represents the combined work product of all Parties hereto. No presumption or other rules of construction which would interpret the provisions of this Agreement in favor of or against the Party preparing the same shall be applicable in connection with the construction or interpretation of any of the provisions of this Agreement. Page | 5 Docusign Envelope ID: 194FOB90-1053-86B4-812A-5FC94E79FF53 22. Severability. If any section, subsection, clause, or phrase of this agreement is for any reason found unconstitutional or otherwise invalid by a court of competent jurisdiction, such decision will not affect the validity of the remaining portions of the Agreement. 23. Counterparts. This Agreement may be executed in any number of counterparts, and each such counterpart shall be deemed to be an original instrument, but all counterparts together shall constitute one Agreement. 24. Written Notice. All notices required to be given by either Party to the other under this Agreement shall be in writing and shall be given in person or by mail to the addresses set forth below. Notice by mail shall be deemed given three (3) business days after the same is deposited in the United States mail, postage prepaid, addressed as provided in this paragraph. To Wenatchee: City of Wenatchee Attn: Mayor 301 Yakima St. P.O. Box 519 Wenatchee,WA 98807 With a copy to: City ofWenatchee Attn: City Administrator 301 Yakima St. P.O. Box 519 Wenatchee,WA 98807 To East Wenatchee: City of East Wenatchee Attn: Mayor 271 9th Street NE East Wenatchee, WA 98802 With a copy to: City of East Wenatchee City Clerk 271 9th Street NE East Wenatchee, WA 98802 25. Effective Date and Filing of Agreement. The date upon which the last of both of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof, and shall be construed as the "effective date" of the Agreement; provided that in compliance with RCW 39.34.040, prior to its entry into force, this Agreement shall be filed with the respective county auditor of the Parties or, alternatively, listed by subject on the Party's website. IN WITNESS WHEREOF, this Agreement has been executed by each Party on the date set forth below: CITY OF EAST WENATCHEE: By:iU 'Jerrilea Crawford, Mayo^/ Date: P'l^-207-^ CITY OF WENATCHEE: Au'lit ^^"irBy: Mike Poirier, Mayor Date: 8/13/2026 Page | 6 Docusign Envelope ID: 194FOB90-1053-86B4-812A-5FC94E79FF53 EST/AUTHEJ^ICATED: JL^U U^?/^<H^A^ aura Leon, City Glerk ATTEST/AUTHENTICATED: t(W^t( f^jbV^ Tammy McCord, City Clerk AGREED TO: By:-^€-7^ Richar^ohnson, Chief of Police Page | 7 Docusign Envelope ID: 194FOB90-1053-86B4-812A-5FC94E79FF53 EXHIBIT A Scope of Work A. General Executive Management and Administration Requirements 1. Chief of Police. East Wenatchee will make Chief Johnson available as needed to perform the duties as Wenatchee Chief of Police as described in this Scope of Work, including attendance at Wenatchee City Council meeting, Wenatchee Director meeting, and other meetings as requested by the Wenatchee City Administrator or the Mayor. 2. Wenatchee Captains. Wenatchee has two Captain positions within its Police Department: an Operations Captain and an Administrative Captain. The Captains shall carry out the duties and responsibilities as assigned by Chief Johnson. The Captains shall be substantially dedicated to Department operations and management of the Department. Chief Johnson shall serve as the immediate supervisor of the Captains. 3. East Wenatchee Captain: East Wenatchee shall assign qualified leadership personnel to serve as the on-site Captain for its police department. The Captain shall be substantially dedicated to the East Wenatchee police department operations and management, which allows Chief Johnson sufficient availability to dedicate time to serve as the Chief of Police for Wenatchee. 4. Monthly Meetings. The Wenatchee Mayor and Chief Johnson shall meet at least monthly to review performance of the Agreement and, as needed, to re-evaluate the fee structure and hours of work. 4. LOS Standards. East Wenatchee and Wenatchee will continue to adhere to their own adopted level-of service (LOS) standards. 5. Policies and Procedures. The Wenatchee policies and procedures will govern Chief Johnson's conduct when Chief Johnson is performing duties for Wenatchee. 6. Expectations. Chief Johnson is expected to be proficient in and knowledgeable about the following: a. Organizational management of the Police Department b. Delegation c. Basic budgeting d. Risk assessment/risk analysis e. Each technological tool used to accomplish the Department's mission f. Department response plans g. Incident Command at all levels h. Emergency Operation Center i. RiverCom/Department Interface j. Using appropriate resources to develop effective programs k. Building effective and positive relationships I. Resolving conflict m. Preparing and delivering performance evaluations n. Developing performance metrics o. Personnel supervision p. Applicable civil services rules and regulations q. Collective bargaining agreements involving the Department personnel. Page | 8 Docusign Envelope ID: 194FOB90-1053-86B4-812A-5FC94E79FF53 B. Chief Johnson Specific Duties and Responsibilities: Chief Johnson shall administer the requirements of the Scope of Work and Agreement separately as between Wenatchee and East Wenatchee, and consistent with the following understandings: 1. Chief Johnson will oversee and manage the administration and response operations of the Wenatchee Police Department with the support of existing Wenatchee administration and Police Department personnel to include the existing administrative officers. 2. Wenatchee will continue to provide administrative support resources to conduct Wenatchee Police Department business, including, but not limited to: finance, human resources, fleet and facilities support, and legal services. Wenatchee and East Wenatchee may choose to expand this Scope of Work to include additional administrative support services. 3. Chief Johnson shall provide executive leadership and operational oversight services to Wenatchee in the following areas: a. Planning, organizing, and directing the operations of the Police Department. b. Serving as the liaison between the Wenatchee Mayor or City Administrator, and Police Department employees. c. Working collaboratively with labor groups (Wenatchee Police Guild, AFSCME and/or any others that may represent Police Department employees), including with respect to the terms of collective bargaining agreements, and guiding and directing a staff of professional, technical, and administrative support to the Wenatchee community. d. Working collaboratively with other Wenatchee department directors, and maintaining positive and mutually supportive relationships. e. Maintaining a working environment conducive to positive morale, appropriate discipline, productivity, quality, initiative, and teamwork. f. Meeting with Wenatchee City Council members as directed by Wenatchee Mayor, attending public meetings, and preparing presentations to Wenatchee City Council. When Chief Johnson is unavailable, a designee from the Wenatchee Police Department may be assigned. g. Working on special projects as directed by the Wenatchee Mayor, which may include but are not limited to the following: Assisting with the assessment of the Wenatchee Police Department's LOS. Assisting the Wenatchee City Administrator and Wenatchee's Director of Human Resources with the collective bargaining process. Page | 9 Docusign Envelope ID: 194FOB90-1053-86B4-812A-5FC94E79FF53 Providing recommendations to Wenatchee Mayor or City Administrator on operational and/or service delivery efficiencies. Representing Wenatchee (in addition to East Wenatchee) at regional meetings. Other duties that may be assigned by Wenatchee Mayor or City Administrator and agreed to by East Wenatchee. h. Recommend adoption of Policies and Procedures and best practices. C. Standard of Care. Chief Johnson shall at all times comply with all federal, state and local statutes, ordinances and rules applicable to a Chief of Police, and shall also employ such methods, techniques standards and practices, which at the time they are employed, in light of the circumstances known or reasonably believed to exist at such time, are generally accepted as good and prudent practices for the management and operation of the Wenatchee Police Department, including, but not limited to, maintaining efforts to reaccredit the Wenatchee Police Department in 2027 at the Spring or Fall conference as determined to be the soonest practicable timeframe; and to leverage Nancy Syria as the Wenatchee Police Department's Accreditation and Administration Coordinator to timely accomplish reaccreditation. D. Department Culture. Chief Johnson shall establish and maintain within the Wenatchee Police Department a culture that employees of the Department are expected to adhere to including, but not limited to, sustaining a culture of availability of the Chief of Police to all staff of the Department; being available via phone and by maintaining a presence in the Department in accordance with the contractual split (68%) for the Wenatchee Police Department Chief of Police position; having routine appearances at the 0700 shift change; and having direct communication between Department staff at all levels; and being reasonably available to Wenatchee Councilmembers and Wenatchee department heads. E. Professionalism. Chief Johnson shall be highly visible to employees of Wenatchee and to the citizens of Wenatchee. Chief Johnson shall set the example for the highest professional standards by his actions and shall perform to the highest professional standards. F. Conflict of Interest. Chief Johnson shall not engage in any activity that is, or may become a conflict of interest, as defined by Washington law or Wenatchee's Personnel Policies, or would otherwise be incompatible with the position of Chief of Police. Furthermore, Chief Johnson shall not enter into a contract that is prohibited by federal or state law. Page | 10