HomeMy WebLinkAboutCriminal Justice Training Commission (re: Stephanie Bennett) . ` !4 �.((o.'8"
WASHINGTON STATE
CRIMINAL JUSTICE TRAINING COMMISSION
Susan L. Rahr,Executive Director
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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 fhe City of Auburn and the Washington State
Criminal Justice Training Commission, hereinafter referred to as the "Commission".
Whereas Stephanie Bennett is employed by the Cify of Auburn Police Department as an employee,
hold.ing 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 t�aining; and
Whereas the Commission desires to contract with the City of Auburn for the full-time services of Stephanie
Bennett 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 1 st day of April, 2017 and terminate on the 31 st day of March,
,2020, subject to prior termination as provided herein and unless as extended by written mutual agreement
qf the parties hereta
(2) Duties of the City of Auburn:
The City of Auburn shall provide the full-fime services of Stephanie Bennett 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 currieulum.
(3) Consideration
In consideration of those services provided under this agreement, the Commission shall reimburse to the
City of Auburn Auburn its full payment of salary to Stephanie Bennett, including all benefits and all
increases to said salary or benefits, during the period of Bennett' service to the Commission herein under.
TRAINING THE GUARDIANS OF DEMOCRACY
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The Commission shall pay said reimbursement amount upon submission by the City of Auburn Police
Department of a monthly invoice to the Commission at 19010 1 St Ave South, Burien, WA 98148.
(4) Agreements Outside of This Agreement
This agreement contains the complete agreement befinreen 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 here#o acknowledges that it has relied on its own
judgment in entering into this agreement.
(5) Modification
No waiver or modificatiqn 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 reeeided 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 modifcation 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 ofa written intent fo 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 ofi this a.greement. In the event of termination under
this section, the City of Auburn will be entifled 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 City of Auburn agrees to pay to Stephanie Bennett the full salary and benefits, including all increases
to said salary and benefits, accruing to heras an employee ofithe City of Auburn during the period of her
services her-ein under. Additionally, the C'ity of Auburn agrees to extend to Stephanie Bennett all rights,
privileges, and benefits attendant to and resulting from her employment by the City of Auburn, including
any and all promotional opportunities otherw'ise available to her. The City of Auburn further agrees that
upon completion and conclusion of Stephanie Bennett' service herein under, and in the absenee of any
promofion or upgrading in classification whieh has occurred during the duration of this agreement .a.nd in
the absence of any disciplinary action taken during the duration of this agreement, she will be returned and
reinstated to fhe City of Auburn Police Department at the same or egual 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 Stephanie
Bennett during the period of her service herein under and as required by the City of Auburn. The City of
Auburn reserves the right to discipline Stephanie Bennett for any yiolation of Auburn Police Department
rules in the same manner as ofher Auburn Police Department employees. The Commission additionally
agrees to provide Stephanie Bennett a work and learning experience and professional opportunities for
career development and enrichment at no special cost or direct cost to fhe City of Auburn.
(8) Indemnification/Hold Harmless
The Commission shall defend, indemnify and hold the City of Auburn, its officers, offieials, 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 City of Auburn, its officers, officials, employees and volunteers other than
Stephanie Bennett. The Commission agrees to defend, indemnify, and hold the City of Auburn, its officers,
officials, employees and volunteers harmless from any and all claims, injuries, damages, losses, or suits,
arising out of the services provided by Stephanie Bennett under the direction and control of the
Commission deseribed in Section 2 above.
(9) Medical/Health and Workers' Gompensation Benefits
In the event of any injury to, or the illness or death of Stephanie Bennett while acting in perFormance of
this ag�eement, the City of Auburn agrees to extend to Stephanie Bennett medical /health and workers'
compensafion benefits and other compensafion, to the same extent and in the same manner as if such
injury, illness, or death had occurred during work assignment in a.nd for the City of Auburn.
(10) Venue Stjpulation
This agreement shall be construed as having been made and delivered wifh 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 pa_rty 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 City of Auburn, 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.
{JEH1180342.DOC;1/00020.900160/}
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IN WITNESS WHEREOF, the parties have affixed their signatures on the dates below.
Washington State Criminal Justice City of Auburn, Washington
Training Commission
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Sue Rahr, Executive Director Date Robert Lee, Chie Date
Criminal Justice Training Commission City of Auburn
19010 1 st Avenue South 340 E Main Street
Burien, Washington 98148 Auburn, WA 98002
cc: Brian Elliott, Fiscal Manager, WSCJTC
Mark Best, BLEA Acting Commander
Officer Stephanie Bennett, Auburn Police Department