INTERLOCAL GOVERNMENTAL CONTRACT BETWEEN 

THE KALISPEL TRIBE OF INDIANS 

AND 

PEND OREILLE COUNTY 

FOR 

DISPATCH COMMUNICATION SERVICES 

January 1, 2018 - December 31, 2020 
This contract is made and executed this / / ~ day of bCJLml:JeC 

2017, by and between the Kalispel Tribe (hereinafter referred to as the Tribe) and Pend 

Oreille County, Washington (hereinafter referred to as the County). 

ARTICLE I 

PURPOSE OF CONTRACT I AUTHORITY 

1. The County has an established 24 Hour Dispatch Communications facility. The parties 

believe it is in the public interest to make these services available to the Tribe on a 

contractual basis as set forth herein. 

2. The Revised Code of Washington 39.34, the Inter-local Cooperation Act, encourages 

governmental units to share existing services, thereby minimizing the cost of providing 

these services. 

ARTICLE II 

PART I 

DISPATCH COMMUNICATION SERVICES 

Both parties agree to abide by the policies and procedures established by the County 

governing the use ofradio and law enforcement information and reporting systems. The 

County will seek and consider input from the Tribe when formulating new policies and 

procedures prior to their implementation. 

The Sheriff agrees to perform and provide the following: 

1. Automatically track calls for service and attain compliance with the National 

Incident Based Reporting System (NIBRS) within six ( 6) months ofthe date 

this contract is ratified (the Tribe will be responsible for NIBRS reporting of 

incidents occurring within its jurisdiction). 
2. To operate a twenty-four (24) hour law enforcement communications and 

dispatching service at the same standard as provided to Sheriffs Officers, 

including access to, and use ofthe Sheriffs law enforcement information and 

reporting system (SPILLMAN). 

3. To operate a twenty-four (24) hour fire and EMS communications and 

dispatch service at the same standard as provided to Pend Oreille County Fire 

Districts. 

4. Dispatch reported emergencies to the respective or appropriate law 

enforcement personnel or agency. 

5. Maintain all confidential information received or having access to. 

6. Maintain accurate law enforcement, fire and EMS files, records and logs. 

7. Newly employed communication/dispatch officers shall successfully 

complete, within their first year of service, the 500 hour minimum Pend 

Oreille County Telecommunicator Training Course, complete and receive 

certification in the 40 hour Telecommunicator Basic Course that conforms to 

APCO Project 33 Revised standards, complete and receive certification in 

Advanced Emergency Medical Dispatching, and complete and receive 

certification in ACCESS training through the Washington State Patrol. A 

communication/dispatch officer who fails to complete the training required by 

this paragraph shall be discharged or transferred to a position not involving 

law enforcement duties. Transfer may result in a demotion. Every effort 

shall be made to provide this training immediately upon entry of duty. 

PART II 

COSTS AND PAYMENTS FOR SHERIFF'S DISPATCH COMMUNICATIONS 

SERVICES 

The Tribe agrees to pay the County the amounts listed herein for the Sheriffs services set 

forth in Article II, Part I. The Sheriff will bill the Tribe monthly and the Tribe will remit 

payment within (30) days after receipt ofthe monthly billing. 
For year beginning January 1, 20i8 $58,205.00 

For year beginning January 1, 2019 $58,800.00 

For year beginning January 1, 2020 $60,000.00 

ARTICLE III 

GENERAL PROVISIONS 

The following apply equally to each Article within this contract as though fully set forth in 

the Article. 

The County understands and acknowledges that the Kalispel Tribe enjoys sovereign 

immunity from suit and nothing in this Agreement shall be construed as a waiver of this 

immunity from suit; provided, however, that the Kalispel Tribe hereby provides a limited 

waiver of its sovereign immunity to the County as to any settlement or judgment for a 

breach of contract claim brought by the County in the instance that the Kalispel Tribe does 

not act in good faith and fails to comply with the indemnification provision of this 

Agreement to the County. In any event and notwithstanding the above, the Kalispel Tribe's 

indemnification obligations to the County under this Agreement and limited waiver of 

sovereign immunity herein shall be limited to the amount recoverable under the general 

commercial liability insurance policy maintained by the Kalispel Tribe in an amount not to 

exceed $1 ,000,000 per occurrence, with a $2,000,000 aggregate. The Kalispel Tribe shall 

provide County as an additional insured and provide the County with proof of additional 

insured status within ten (10) days of execution of this Agreement. 

PART I 

ARBITRATION 

It is the intent and purpose of all parties to this contract to negotiate the herein services in 

good faith and to provide for reasonable terms and conditions and equitable costs. In the 
event that the Tribe and the County are unable to reach an agreement for disputes 

pertaining to the terms and conditions of this contract, the matter may be submitted by 

either party for binding arbitration for an amount limited to the amount due under the 

contract. The Tribe and County shall each select one arbitrator, the two of whom shall pick 

a third arbitrator. Each entity shall be responsible for the cost of their chosen arbitrator and 

one-half (1/2) of the cost of the third arbitrator. Other expenses brought about by the 

arbitration will be borne equally by both parties except that each entity will pay for their 

own attorney fees. Except for the specific terms and/or conditions in dispute, all other 

terms and conditions outlined in this contract shall remain if full force and effect 

throughout the duration of this contract. 

PART II 

HOLD HARMLESS 

1. The Tribe shall defend, indemnify and hold harmless the County, its agents, 

employees, officials and officers from any and all liability and/or losses and damages 

including, but not limited to, attorney's fees, costs, and all other damages for all acts 

and omissions of the Tribe, its officials, agents, employees or officers, including 

liability arising out of an unlawful or claim of unlawful acts, under this contract, by the 

Tribe, or any other claim arising out of performance of this contract which claim 

results or is alleged to result from or alleged to be connected in any manner whatsoever 

from any act or omission by the Tribe, its agents, employees or officers, but not under 

any circumstances for any acts or omissions of the County its agents, employees, and 

officers over which the Tribe exercises no direction or control. The liability for which 

the Tribe shall defend, indemnify and hold harmless, as described above, shall include, 

acts or omissions of the Tribe. Further, the Tribe specifically agrees to pay on demand, 

any reasonable costs or legal fees required to establish the County's right to 

indemnification. 

2. The County agrees to defend, indemnify, and hold harmless the Tribe, its officials, 

officers, agents, and employees from any and all liability and/or losses and damages 

including, but not limited to attorney's fees, costs, and all other damages for all acts 
and omissions of the County, its officials, agents, employees or officers, including, but 

not limited to, liability arising out of an unlawful or claim of unlawful arrest and/or 

detention of prisoners, under this contract, by the County, or any other claim arising 

out of performance of this contract which claim results or is alleged to result from or 

alleged to be connected in any manner whatsoever from any act or omission by the 

County, its agents, employees or officers, but not under any circumstances for any acts 

or omissions of the Tribe, its agents, employees, and officers over which the County 

exercises no direction or control. The liability for which the County shall defend, 

indemnify and hold harmless, as described above, shall include, but not be limited to, 

false imprisonment and violations of prisoners' Constitutional and/or Civil rights based 

on acts or omissions of the County. Further, the County specifically agrees to pay on 

demand, any reasonable costs or legal fees required to establish the Tribe's right to 

indemnification. 

PARTIII 

GENERAL COMPONENTS 

1. This contract shall not be construed as or deemed t be a contract for the benefit of any 

third party or parties and no third party or parties shall have any right of action 

hereunder for any cause whatsoever. 

2. No agent, employee, or representative of the Tribe shall be deemed to be an employee, 

agent, or representative of Pend Oreille County for any purpose whatsoever. 

3. No agent, employee or representative of Pend Orei lle County shall be deemed to be an 

employee, agent or representative of the Tribe for any purpose whatsoever. 

4. Each party agrees to aid and assist the other in accomplishing the objectives of this 

contract. 

5. This contract supersedes all prior agreements and contracts for Sheriffs dispatch 

communication services. 
.PART IV 

MODIFICATION/ TERMINATION 

1. Changes or modifications to this contract may only be made upon mutual agreement by 

the parties, in writing, signed and attached hereto. 

2. This contract may be terminated by the Tribe, the Pend Oreille County Sheriff, or the 

County without cause, provided that the party requesting termination gives onehundred, twenty (120) days written notice of that party's intent to terminate. 

3. Re-negotiations shall begin no later than one-hundred-sixty (160) days prior to the 

expiration of this contract. 
Ste~ s,\rice-Chairman 

I' 

Mike Manus, Member 

ARTICLE IV 

EFFECTIVE DATE OF CONTRACT 

This is a three (3) year contract and shall be in full force and effect from January 1, 2018 

through December 30, 2020. 

IN WITNESS WHEREOF, the parties have executed this contract by reason of the 

authorization obtained by them as required by the laws governing their respective 

jurisdiction and powers. 

PEND OREILLE COUNTY 

BOARD OF COMMISSIONERS 

KALISPEL TRIBE 

Karen Skoog, Chairman Glen Nenema, Chairman 

ATTEST: 

Rhonda Cary, Clerk of the Board Alan Botzheim, Sheriff