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Home My WebLink About15-103 - WA State Criminal Justice Training Center - Basic Law Enforcement Training 15-103 WASHINGTON STATE Council Approval N/A CRIMINAL JUSTICE TRAINING COMMISSION = ***Q Susan L.Rahr,Executive Director 19010 1st Avenue South • Burien,WA 98148 • Phone:206-835-7300 • www.cjtc.state.wa.us AGREEMENT This agreement is made and entered into by and between the Tukwila Police Department and the Washington State Criminal Justice Training Commission, hereinafter referred to as the "Commission". Whereas Matthew Ludwig is employed by the Tukwila 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 Tukwila Police Department for the full-time services of Matthew Ludwig 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 1st day of June,2015 and terminate on the 30th day of June, 2018, subject to prior termination as provided herein and unless as extended by written mutual agreement of the parties hereto. (2) Duties of the Tukwila Police Department The Tukwila Police Department shall provide the full-time services of Matthew Ludwig 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. {JEH1180342.DOC;1/00020.900160/} t e3� p O-Yirs Motto: Training the Guardians of Democracy (3) Consideration In consideration of those services provided under this agreement,the Commission shall reimburse to the Tukwila Police Department its full payment of salary to Matthew Ludwig, including all benefits and all increases to said salary or benefits, during the period of Ludwig's service to the Commission herein under. The Commission shall pay said reimbursement amount upon submission by the Tukwila Police Department of a monthly invoice to the WSCJTC at 19010 1st Ave S, Burien,Washington 98148. (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 Tukwila Police Department will be entitled 1.3 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 Tukwila Police Department agrees to pay to Matthew Ludwig the full salary and benefits, including all increases to said salary and benefits, accruing to him as an employee of the Tukwila Police Department during the period of his services herein under. Additionally,the Tukwila Police Department agrees to extend to Matthew Ludwig all rights, privileges, and benefits attendant to and resulting from his employment by the Tukwila Police Department, including any and all promotional opportunities otherwise available to him. The Tukwila Police Department further agrees that upon completion and conclusion of Ludwig'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 Tukwila 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 effect all necessary evaluation and documentation regarding Matthew Ludwig during the period of his service herein under and as required by the Tukwila Police Department. The Tukwila Police Department reserves the right to discipline Officer Ludwig for any violation of Tukwila Police Department rules in the same manner as other Tukwila Police Department employees. The Commission additionally agrees to provide Matthew Ludwig a work and learning experience and professional opportunities for career development and enrichment at no special cost or direct cost to the Tukwila Police Department. (8) Indemnification/Hold Harmless The Commission shall defend, indemnify and hold the Tukwila 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 Tukwila Police Department, its officers, officials,employees and volunteers other than Matthew Ludwig. The Commission agrees to defend, indemnify,and hold the Tukwila 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 Matthew Ludwig under the direction and control of the Commission described in Section 2 above. (9) Medical/Health and Workers' Compensation Benefits In the event of any injury to, or the illness or death of Matthew Ludwig while acting in performance of this agreement,the Tukwila Police Department agrees to extend to Matthew Ludwig medical I 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 Tukwila 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 {JEH1180342.DOC;1/00020.900160/} pertaining to civil rights and laws pertaining to the Commission and the Tukwila 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 z—f �c) Sue Rahr, Executive Director Date Criminal Justice Training Commission 19010 1st Avenue South Burien, Washington 98148 c % 7a/ 5- A . Mike Villa, Chief of Police Date ' Haggerto; ' yor Date Tukwila Police Department f ity of Tuk 6200. Southcenter Blvd 6200'Southcenter Blvd Tukwila,Washington 98188 Tukwila,Washington 98188 cc: Brian Elliott, Fiscal Manager,WSCJTC Rick Bowen, BLEA Commander Matthew Ludwig,Tukwila Police Department Officer -