HomeMy WebLinkAbout000795 Original ContractCity of Port Angeles
Record # 000795
M Flu
General Agreement hi
Between the
National Park Service
and the
Port Angeles Police Department
Article I - Background and Objectives
This agreement is entered into by and between the National Park Service (hereinafter
NPS), United States Department of the Interior, acting through the Superintendent of
Olympic National Park and City of Port Angeles, Acting through the Chief of Police
(hereinafter the CITY) . The purpose of this agreement is to establish the terms and
conditions under which the parties will provide mutual law enforcement assistance in and
near Olympic National Park.
Whereas the Secretary of the Interior, acting through the NPS, administers Olympic
National Park as a unit of the national park system in accordance with "An Act
Establishing Olympic National Park of 1938" and Title 16 U.S. Code, Section 21, and the
laws applicable generally to units of the national park system; and
Whereas, Olympic National Park is an area of exclusive Federal Jurisdiction, and
Whereas, 16 U.S.C. § la -6(b) authorizes the Secretary of the Interior to "designate . . .
certain officers or employees of the Department of the Interior who shall maintain law and
order and protect persons and property within areas of the National Park System"; and
Whereas, under 16 U.S.C. § 1a-6(b)the NPS has the authority, jurisdiction, and
responsibility to detect, investigate, and apprehend persons violating the criminal laws of
the United States, and to provide law enforcement and emergency services inside Olympic
National Park, and NPS law enforcement officers have the authority to make arrests for
any misdemeanor committed in their presence or cognizable felony, and have authority to
make arrests outside the system when "the person to be arrested is fleeing therefore to
avoid arrest", and authorized National Park Service officers can "execute any warrant or
process issued by any court or officer of competent jurisdiction and for the enforcement of
the provisions of any Federal law or regulation issued pursuant to law arising out of an
offense committed within that system"; and
Whereas, 16 U.S.C. § 1b(1) authorizes the Secretary of the Interior to render "emergency
rescue, fire fighting, and cooperative assistance to nearby law enforcement and fire
prevention agencies, and for related purposes outside of the National Park System"; and
Whereas the Revised Code of Washington (RCW) 10.93.070 authorizes Chief of Police
and duly sworn officers appointed by the Port Angles Police Department as defined under
RCW 10 to enforce the laws of the State of Washington and ordinances duly enacted by
the Port Angeles City Council within the City and ordinances enacted by the Clallam
County Commission and state laws outside the CITY and within the County when
authorized by the Sheriff (herein referred to as the COUNTY); and
Whereas, under Revised Code of Washington (RCW), 35A.21.160. 35.23.161 10.93.070
and 10.93.090, the Chief of Police is authorized to appoint designated National Park
Service Special Agents and U.S. Park Rangers (NPS law enforcement officers) as a
peace officer for the purpose of enforcing state law and CITY ordinances outside Olympic
National Park and within the City of Port Angeles; and
Whereas the CITY of Port Angeles Police Department has appointed certain federally
commissioned Special Agents and U.S. Park Rangers (NPS law enforcement officers)
employed at Olympic National Park as deputies for purposes of enforcing state law and
CITY ordinances in response to certain emergency situations outside of Olympic National
Park and within the City of Port Angeles; and
Whereas, under 16 U.S.C. § 1a -6(c)(1) the Secretary of the Interior through the Park
Superintendent is authorized to designate officers and employees of other Federal, state,
or other political subdivision as "special policeman" to supplement the law enforcement
responsibilities of the NPS when supplemental law enforcement may be needed; and
Whereas the Olympic National Park Superintendent has appointed certain members of the
Port Angeles Police Department as special policeman for the purposes of enforcing the
criminal laws of the United States in response to certain emergency situations inside
Olympic National Park:, and
Whereas, criminal activity on a regional, statewide, and national level affects the quality of
life in Olympic National Park, and NPS law enforcement officers are sometimes called to
investigate criminal violations that originate inside the park but may lead to suspects,
evidence, and investigative leads outside the park boundary, and the CITY officers are
sometimes called to investigate criminal violations that originate inside CITY but may lead
to suspects, evidence, and investigative leads that are now inside Olympic National Park;
and
Whereas, both the NPS and the CITY have the personnel, equipment, and skills suited to
the task of managing law enforcement incidents and providing emergency services in their
respective areas; and
Whereas, in certain emergency instances by pooling the resources of the NPS and the
CITY in mutual assistance, the combined strengths and efforts of these two agencies will
provide more effective law enforcement and search and rescue efforts, and a safer
environment for officers of both agencies and the general public; and
Now, therefore, the parties agree as follows:
Article II - Statement of Work
A. "Out -of -park Emergency Law Enforcement Assistance". Pursuant to 16 U.S. Code,
subsection 1b (1):
In the event of an emergency, and subject to availability of resources, NPS law
enforcement officers may take immediate action on land inside or outside the Olympic
National Park that is subject to CITY jurisdiction. An emergency is generally some sort of
unexpected occurrence that requires immediate action and may include on or more of the
following:
a. Emergency responses to
life threatening
incidents,
serious injury/fatality
accidents/ incident scenes,
crimes scenes
involving
the preservation and
protection of human safety
and life, officer
in trouble,
threat(s) to health or
safety of the public;
b. Emergency or law enforcement incidents directly affecting visitor safety or
resource protection;
c. Probable cause felonies and felonies committed in the presence of NPS law
enforcement personnel;
d. Misdemeanors committed in the presence of NPS law enforcement personnel
that present an immediate threat to the health and safety of the public.
2. Upon receiving an official request from the CITY, the NPS shall render emergency law
enforcement assistance (in those situations described in provision II.A.1 above) to the
CITY whenever possible. The CITY shall direct such requests to the NPS Chief Ranger
via the NPS Communications Center or PENCOM. The Chief Ranger or his/her designee
must approve all such requests before any NPS law enforcement officers may render
emergency assistance. Both the NPS and the CITY have in advance requested the
immediate assistance of the other agency in emergency situations where the respective
agency has officers who are in the closest proximity to the emergency.
3. The NPS may render emergency law enforcement assistance in those situations where
a properly appointed NPS law enforcement officer, while in the course of his/her official
duties, observes a nearby emergency situation (as defined in provision II.A.1 above), at
which time the NPS law enforcement officer may secure and manage the scene prior to
the arrival of a CITY officer. The NPS shall immediately notify the CITY of the emergency.
Upon arrival of the first CITY officer on the scene, the NPS law enforcement officer shall
relinquish control; however, upon request the NPS law enforcement officer may continue to
assist the CITY officer (s).
4. The NPS shall render assistance only until such time as the CITY has enough
resources on the scene to adequately control the emergency or until the emergency no
longer exists, whichever comes first.
5. The on -scene commanding officer of the CITY shall be in command of all officers,
including NPS law enforcement officers who are rendering emergency assistance; provided
that the CITY on -scene commander shall exercise command of NPS law enforcement
officers only through the highest ranking NPS law enforcement officer at the scene, which
individual shall be identified by the NPS.
6. The NPS Chief Ranger or his/her designee may decide at any time to withdraw
emergency law enforcement assistance.
7. Except in events where such circumstances are unavoidable, only NPS law
enforcement officers who have been properly appointed as special police offices or
CLALLAM COUNTY deputies will render emergency law enforcement assistance. The
CITY or CLALLAM COUNTY shall provide appropriate credentials to all such law
enforcement officers.
8. NPS law enforcement officers rendering emergency assistance to the CITY pursuant to
this agreement shall wear the official NPS uniform or, if approved by the NPS Chief
Ranger or his/her designee, plain clothes; NPS law enforcement officers shall remain
under the authority and control of NPS supervisors; shall be subject to the laws,
regulations, and policies of the NPS and of the United States; and shall not receive any
monetary compensation from any source other than the NPS.
9. NPS law enforcement officers rendering emergency assistance to the CITY pursuant to
this agreement shall be deemed to be acting within the scope of their federal employment.
Under no circumstances shall NPS law enforcement rangers be deemed to be borrowed
servants of the CITY. The Port Angeles Chief of Police has appointed certain federally
commissioned NPS law enforcement officers employed at Olympic National Park as
specially commissioned officers for purposes of enforcing state law and CITY ordinances in
response to certain emergency situations outside of Olympic National Park and within Port
Angeles. NPS law enforcement officers who have been specifically commissioned by the
Clallam County Sheriff are considered to have been officers properly appointed by the
Chief of Police.
B. "Inside -Park Law Enforcement Assistance Pursuant to 16 U.S.C. § la -6(c)(1), the CITY agrees,
subject to resource or other constraints, to cooperate when the NPS deems it economical and in the public
interest, to designate CITY police officers as special policemen to provide supplemental law enforcement
within Olympic National Park when needed. Such designation may be made based on emergency and non-
emergency needs for supplemental law enforcement. An emergency is generally some sort Of
unexpected occurrence that requires immediate action and may include on or more of the
following:
a. Emergency responses to
life threatening
incidents,
serious injury/fatality
accidents/ incident scenes,
crimes scenes
involving
the preservation and
protection of human safety
and life, officer
in trouble,
threat(s) to health or
safety of the public;
b. Emergency or law enforcement incidents directly affecting visitor safety or
resource protection;
c. Probable cause felonies and felonies committed in the presence of NPS law
enforcement personnel;
d. Misdemeanors committed in the presence of a CITY law enforcement personnel
that present an immediate threat to the health and safety of the public
3. Requests for emergency assistance by the NPS and to the CITY will be done in
the same manner as described previously in the Out -of -Park Emergency Response
section, except that the roles of the NPS and CITY will be reversed.
C. The parties further agree as follows:
1. Each party shall bear its own costs for furnishing services under this agreement, and
neither party shall claim reimbursement for those costs from the other.
2. Nothing in this agreement shall be construed to bind the NPS to expend in any one
fiscal year any sum in excess of funds appropriated by Congress or allocated by the NPS
for the purposes of this agreement.
3. Each party hereby waives any and all claims, demands, and causes of action against
the other party and its employees, and releases the other party and its employees from
any and all liability, arising out of or resulting from activities under this agreement. Each
party shall be solely responsible for any and all claims, demands, and causes of action
filed by third parties arising out of or resulting from the activities of its employees under
this agreement, including, but not limited to, the costs of investigating and defending
against such claims, demands, and causes of action and the costs of paying any
compromise settlements, judgments, assessed costs, or fees (including attorney's fees).
4. The parties shall coordinate all public information releases about law enforcement
incidents, investigations, actions, and other matters involving both parties. No public
information release by one party shall refer to the other party or to any employee of the
other party (by name or otherwise) without the other party's prior approval.
Article III - Term of Agreement
This agreement shall be effective for a period of five years after the date of final signature,
unless it is terminated earlier by one of the parties pursuant to article VIII below. At the
conclusion of that five-year term, this agreement may be extended or renewed by written
agreement of the parties.
Article IV - Key Officials
All communications and notices regarding this agreement shall be directed to the following
key official(s) for each party:
For the NPS:
Sarah Creachbaum, Olympic National Park Superintendent, 600 East Park Avenue
Port Angeles, WA 98362-6798, (360) 565-3130
Colin Smith, Olympic National Park Chief Ranger, 600 East Park Avenue, Port Angeles,
WA 98362-6798, (360 565 3130).
For the City of Port Angeles:
Brian S. Smith, City of Port Angeles Deputy Chief of Police,
321 East 5th Ave, Port Angeles, WA 98362, (360) 417 4902.
Heidi Greenwood, City of Port Angeles Senior Assistant City Attorney, 321 East 5`h Ave,
Port Angeles, WA 98362, (360) 417 4532.
Article V - Property Utilization
Unless otherwise agreed to in writing by the parties, any property furnished by one party to
the other shall remain the property of the furnishing party. Any property furnished by the
NPS to the CITY shall be used and disposed of as set forth in the NPS Property
Management Regulations.
Article VI - Prior Approval
See Article II (Statement of Work) above.
Article VII - Reports and/or Other Deliverables
Upon request and to the full extent permitted by applicable law, the parties shall share
with each other final reports of incidents involving both parties.
Article VIII - Modification and Termination
This agreement may be modified only by a written instrument executed by the parties.
Either party may terminate this agreement by providing the other party with sixty (60) days
advance written notice. In the event that one party provides the other party with notice of
its intention to terminate, the parties shall meet promptly to discuss the reasons for the
notice and to try to resolve their differences amicably. The parties commit to using every
reasonable means available, including the use of a neutral mediator if necessary, to try to
avoid terminating this agreement.
Article IX - Standard Clauses
A. Civil Rights
During the performance of this agreement, the parties agree to abide by the terms of the
USDI-Civil Rights Assurance Certification, non-discrimination, and will not discriminate
against any person because of race, color, religion, sex, or national origin. The parties will
take affirmative action to ensure that applicants are employed without regard to their race,
color, religion, sex, or national origin.
B. Officials Not to Benefit
No member or delegate to Congress, or resident Commissioner, shall be admitted to any
share or part of this agreement, or to any benefit that may arise there from, but this
provision shall not be construed to extend to this agreement if made with a corporation for
its general benefit.
Article X - Authorizing Signatures
In witness hereof, the following authorized representatives of the parties have signed their
names on the dates indicated below, thereby executing this agreement.
For the National Park Service:
/ Sarah Creachbaum, Superintendent Date
J
Colin Smith, Chief Ranger Date
For the City of Port Angeles:
_�-- Dan McKeen, City Manager Date `1 1 14s, ) 1 Y
Terry Gallagher, Chief of Police Date '7-1.5-o