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Home My WebLink AboutCAG2017-0991 - Original - Criminal Justice Training Commission (CJTC) - Administering Basic Law Enforcement Academy - 06/15/2017CAG2017-0991 (3) Consideration In consideration of those services provided under this agreement, the Commission shall reimburse to the Kent Police Department its full payment of salary to Officer William Davis, including ail benefits and all increases to said. salary or benefits, during the period of Officer William Davis's service to the Commission herein under. The Commission shall pay said reimbursement amount upon submission by the Kent Police Department of a. monthly invoice to the WSCJTC at 19010 111 Ave S, Burien, Washington 98148. (4) Agree -merits Outside of This Agreement This agreement contains th.e 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, ar 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 maybe terminated without cause at any time. by mutual agreement of -the parties hereto, or by either party after sixty -days (6u) following the other party's receipt of a written intent to terminate. The parties retain the right to cancel this agreement upon ten (iQ) 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 Kent 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 Kent Police Department agrees to pay to Officer William Qavis the full salary and benefits, including all increases to said salary and benefits, accruing to his as an employee of the Kent Police Department during the period of his services herein under. Additionally, the Kent Police Department agrees to extend to Officer William Davis all rights, privileges, and benefits attendant to and resulting from his employment by the Kent Police Department, including any and all promotional opportunities otherwise available to him. The Kent Police Department further agrees that upon completion and conclusion of Officer William Davis's service herein under, and in the absence of any promotion or upgrading in classification which has occurred during the duration of this agreement and in the absence of any disciplinary action taken during the duration of this agreement, he will be returned and reinstated to the Kent Police Department at the same or equal commissioned rank or position which he held on the beginning date of this agreement. The Commission agrees to affect all necessary evaluation and documentation regarding Officer William Davis during the period ,of his service herein under and as required by the Kent Police Department. The Kent Police Department reserves the right to discipline Deputy Officer William Davis for any violation of Kent Police Department rules in the same manner as other Kent Police Department employees. The Commission additionally agrees to provide Officer William Davis a work and learning experience and professional opportunities for career development and enrichment at no special cost or direct cost to the Kent Police Department. (8) Indemnification/Hold Harmless The Commission shag defend, indemnify and hold the Kent Police Department, its officers, officials, employees and volunteers harmless frorn 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 Kent Police Department, its officers, officials; employees and volunteers other than Officer William Davis. The Commission agrees to defend, indemnify, and hold the Kent Police Department, its officers, officials, employees and volunteers harmless from any and all claims, injuries; damages, losses, or suits, arising out of the services provided by Officer William Davis under the direction and control of the Commission described in Section 2 above. (9) Medical/Health and Workers` Compensation Benefits Irrthe event of any injury to, or the illness or death of Officer William Davis .while -acting in performance of this agreement, the Kent Police Department agrees to extend to Officer William Davis 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 Kent Police Department. (10) Venue Stipulation This agreement sha11 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 Kent Police Department, including merit system rules. tJELI1130342,UOC;1/00020..900160/ } (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 Rahr, Executive Director Date Criminal Justice Training Commission 19010 1st Avenue South Burien, Washington 98148 cc: Brian Elliott, Fiscal Manager, WSCJTC Rick Bowen, REA Commander Officer William Davis, Kent Police Department t Polic;ey (��partment, Washington Chief Ken�ethfhomas Date Kent Police Department 220 Fourth Avenue South Kent, WA 98032