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Home My WebLink About5.653 Original Contract 5. &53 /( ~ ADDENDUM A-I Agreement with Port Angeles Police Dept. · Clallam County, through the OPNET Fund, agrees to reimburse the City of Port Angeles, on a quarterly basis, a total of$35,000 a year for the assignment of a full time commissioned police officer/investigator/supervisor to the unit. · All costs for the Port Angeles Police Department officer associated with overtime, training, travel and necessary equipment, such as vehicle and radio, shall be paid for from the OPNET Drug Fund. · Clallam County, through the OPNET Fund, agrees to reimburse the Port Angeles Police Department, on a monthly basis, for overtime costs incurred by a sergeant that is assigned to the OPNET program. · In any instance where the Port Angeles Police Officer is called to return to assist their home agency for an extended period on matters not related to OPNET, Port Angeles shall become responsible for overtime incurred by the officer during that time they are not associated with the task force program. This addendum shall be enforced throughout the life of the agreement. -- ~ ~~ ~lIagher Acting Chief of Port Angeles Police Department 6-rJ-C:J'7 Date rCl/- OJ) I1U/lJ 2( ~ \ ' , 'f. .. 'I~EO FOR RCC(:,,;~) t, r 1 HE REGUEST f P4 C.,'+1 ,f_~_.. ,"__.,....____"__ ; ~.:OrtDC:J 1', J~~~: r'!:""":- ,\~l',H CO Z005 AUG 23 Pr1 2: 24 Filed at the Request of: City of Port Angeles City Clerk's Office P. O. Box 1150 Port Angeles, W A 98362 00 11111111 ~ lllllll~ I H H 2005 1163441 g~~I~; Interlocal Agreement City Clerk File No.: 5:' ~S3 .~ - 1 - , '~;J:3 ' - .,&:...~ . '.. , ~,,~.,.~'~;..J J lYh ibl f$-()Z,-DO'7 OCTl :'~;~;. IO!Zl!O? , 1;, ' (-" ' ~ f '1 . " '- ,,~t eL!'.tL!'" PAO;:;::....u.:dt CO~r'TY INTERGOVERNMENTAL DRUG TASK FORCE AGREEMENf.J /.:-,.6:~iI!;:Y This intergovernmen~agreement IS made and entered into pursuant to the provisions of Chapter 39.34 RCW, this 3 -- day of f\.fO-V., 2003, by and between the Counties of Clallam and Jefferson and the Cities of Port Angeles and Sequim. RECITALS: 1. The high level of illegal sales and use of controlled substances in the Counties of Clallam and Jefferson and the Cities of Port Angeles and Sequim has had increasingly serious and adverse effects on the quality of life in these jurisdictions. 2. These jurisdictions have in recent years found it necessary to spend even greater resources in fighting the problems caused by the illegal sales and use of controlled substances. 3. The parties desire to enter into an agreement that provides a formal organization known as the Olympic Peninsula Narcotics Enforcement Team (OPNET), in order to centralize supervision and enhance the efforts of the law enforcement agencies to combat controned substance crimes. 4. Other agencies that are not signatories to this agreement but that do provide significant resources, including manpower, to OPNET are the Washington State Patrol, the Washington State Department of Fish and Wildlife, the United States Coast Guard, and the United States Customs Office. 5. Chapter 39.34 RCW provides that local jurisdictions may enter into cooperative agreements for their mutual advantage. Now, therefore, the parties hereto, through their respective legislative bodies, do hereby agree as follows: SECTION 1. DEFINITIONS. For purposes of this agreement: a. "Olympic Peninsula Narcotics Enforcement Team" or "OPNET" means the drug enforcement task force created by this agreement. b. "Agency" and "agencies" means the participating member agencies of OPNET, those being the Sheriffs Offices of Clallam and Jefferson Counties, the Prosecuting Attorneys of Clallam and Jefferson Counties, the Police Departments of the Cities of Port Angeles and Sequim, the Washington State Patrol, the United States Coast Guard, the Washington State Department of Fish and Wildlife, the United States Customs Office, and other agencies added later that financially contribute to OPNET in a manner sufficient to satisfy and obtain a majority vote of the entire governing board. G \Legal_Backup\AGREEMENTS&CONTRACTS\DTF Agleement Draft 10 doc ReYlsed July 1, 2003 .. ,.' .... ," - 2 - .. c. "Governing Board" means the policy making body for OPNET and shall consist of the Sheriff of Clallam County, the Sheriff of Jefferson County, the Prosecuting Attorney of Clallam County, the Prosecuting Attorney of Jefferson County, the Chief of Police of the City of Port Angeles, the Chief of Police of the City of Sequim, a representative of the Washington State Patrol, a representative of the United States Coast Guard, a representative of the Washington State Department of Fish and Wildlife, a representative of the United States Customs Office, and representatives of other agencies that may be agreed upon by a majority of the Governing Board. Each member of the Governing Board shall have one vote. Voting shall occur with 5 members being considered a quorum. d. "Jurisdictions" means the Counties of Clallam and Jefferson and the Cities of Port Angeles and Sequim. e. "Host agency" means the Clallam County Sheriff s Office. f. The "OPNET Drug Fund" means the account within the Clallam County Treasurer's Office, which is administered by the Clallam County Sheriff for the purpose of receipt and disbursement of grant funds, drug forfeiture funds, court ordered contributions, and other monies in accordance with Section 7 of this agreement. The OPNET Drug Fund is a special revenue fund held by Clallam County in accordance with Ch. 69.50 R.C.W. g. "OPNET Operation" means any drug enforcement activity in which an officer assigned to OPNET takes an active part. OPNET operations may also include controlled substance law enforcement activity in which an OPNET member's sole participation is to supply intelligence information to the arresting agency, or in which members of OPNET provide follow-up support such as evidence processing, case preparation, warrant request, or follow-up investigation, if such intelligence or ancillary support is deemed substantial by the Governing Board. The Board shall determine whether such intelligence or ancillary support in any case is substantial so as to make the activity an OPNET operation. h. "OPNET Coordinator" means the Clallam County Sheriff's Office employee who IS designated by the Clallam County Sheriff. SECTION 2. PURPOSE. The purpose of this agreement is to provide for and coordinate the joint efforts of the participating agencies to combat violation of controlled substance laws within the contracting jurisdictions for their mutual advantage. SECTION 3. GENERAL DUTIES OF THE PARTIES. a. The County of Clallam, through its Sheriffs Office, and the City of Port Angeles, through its Police Department shall each assign a full time sworn officer to OPNET. The Clallam County Prosecuting Attorney's Office will be the lead prosecution agency for review, charging and prosecution of civil and criminal cases developed by OPNET, G \LegaL Backup\AGREEMENTS&CONTRACTS\DTF Agreement Draft 10.doc ReVIsed July 1,2003 ..' 1 \ ,'. - 3 - .. except as may be otherwise agreed upon by the respective prosecuting authorities within each jurisdiction. b. The County of Jefferson, through its Sheriffs Office and Prosecuting Attorney's Office and the City of Sequim, through its Police Department, shall make annual monetary contributions to the Drug Fund throughout the life of this agreement, which shall each equal one fourth of the annual salary and benefits of the Port Angeles OPNET officer and which shall not exceed $20,000 each. c. Clallam County, through the OPNET Fund, shall annually pay to the City of Port Angeles, throughout the life of this agreement, a monetary amount equal to one half of the annual salary and benefits of the Port Angeles OPNET officer. d. All costs for the Port Angeles Police Department officer associated with overtime, training, travel and necessary equipment, such as vehicle and radio, shall be paid for from the OPNET Drug Fund. SECTION 4. PERSONNEL. a. Pursuant to RCW 10.93.040, personnel assigned to OPNET shall be considered employees of the contributing agency, which shall be solely and exclusively responsible for its employees. All rights, duties, and obligations of the employer shall remain with the contributing agency. The personnel assigned by the contributing agencies shall continue under the employment of that agency for the purposes of any losses, claims, damages, or liabilities arising out of or related to the services provided by OPNET or the activities of OPNET, including attorney's fees. b. No OPNET party's participating officer shall act as an employee of another party to this agreement or shall have any authority to bind other parties or control employees of other parties, contractors, or entities. c. Pursuant to RCW 10.93.070 (1), law enforcement personnel assigned on a full or part- time basis to OPNET shall have full police powers within the geographical areas of Clallam and Jefferson Counties. Personnel assigned to OPNET shall conform to their agency's rules and regulations, as well as OPNET policy. All disciplinary matters shall be the responsibility of the affected employee's agency. SECTION 5. DURATION. 3/rf2 This agreement shall take effect on N ~ue~ '7" 2003 and terminate on December 31, 2006. SECTION 6. GENERAL ADMINSTRATION a. The Governing Board shall direct and control OPNET according to this agreement and OPNET policy. G \LegaL Backup\AGREEMENTS&CONTRACTS\DTF Agreement Draft 10 doc ReVIsed July 1,2003 ~ ., - 4 - .: b. The Clallam County Sheriff shall administer the OPNET Drug Fund in accordance with applicable laws, Clallam County policy, this Agreement, and any other mutually agreed policies and procedures. Any imprest investigation fund created for purposes of buy money, petty cash, or other authorized uses shall be administered in accordance with the State Auditor's accounting standards for imprest investigation funds, Clallam County policy, and such other standards as the Governing Board may direct. The Governing Board shall promptly elect a chairperson, shall meet at least quarterly, and shall provide policy and direction to the OPNET Coordinator. The Governing Board shall review the proposed OPNET budget prior to adoption of the Clallam County budget and make appropriate recommendations to the Clallam County Administrator and/or Clallam County Commissioners. The Governing Board may review expenditures by OPNET and set policy on such expenditures. Each member of the Governing Board shall have an equal voice and vote in all Board matters. c. Clallam County and/or the Governing Board shall have the authority to apply on behalf of OPNET for such grants as may be available from federal, state, or private sources, for the furtherance of OPNET objectives. SECTION 7. PROPERTY AND EQUIPMENT. a. The Governing Board shall determine whether property seized and forfeited in an OPNET operation is to be retained for use by OPNET or sold to generate cash for OPNET purposes. The Governing Board shall determine whether or not to obtain property insurance to cover seized property. All cash proceeds from such sales of forfeited property shall be promptly deposited in the OPNET Fund, as shall all cash seized and forfeited in an OPNET operation. b. All cash, property and proceeds from property forfeited pursuant to RCW 69.50.505 by OPNET operations shall be managed and disbursed only as provided in said RCW 69.50.505. In the event that any equipment is otherwise acquired by OPNET, the parties agree to use the equipment only for such law enforcement purposes as are established by the Governing Board. c. Upon dissolution of OPNET, all property provided to OPNET by the participating agencies and forfeited property, other than money, remaining in OPNET's possession shall be returned to the respective contributing agency. Any other OPNET -owned property and other cash or cash proceeds received after the date of this agreement and remaining in the possession of OPNET (including monies in the OPNET Drug Fund) shall be divided as agreed upon by the Governing Board. d. Upon termination of this agreement and distribution of OPNET properties as herein described, such property and monies shall remain in the possession of each party until fully used or expended for the law enforcement purposes permitted in said RCW 60.50.505(f). G \LegaLBackup\AGREEMENTS&CONTRACTS\DTF Agreement Draft 10.doc ReVised July 1,2003 - 5 - ~ e. Any property, real or personal, seized and subsequently forfeited to member agencies that do not involve the participation of OPNET shall remain the sole property of the seizing agency. SECTION 8. HANDLING OF FUNDS. a. All interest earned on monies in the OPNET Drug Fund shall be credited to the Fund and remain therein until disbursed according to this agreement. b. The OPNET Coordinator may maintain an imprest fund of ready cash so that day-to-day needs as provided for in the Governing Board approved budget of OPNET can be met. The imprest investigation fund may be kept and maintained at such location and in such manner as the Governing Board shall determine, subject to the Washington State Auditor's standards on imprest investigation funds, Clallam County policy, and such other requirements as the Governing Board may establish. Any member of the Governing Board shall have access to all financial records of OPNET. c. In accordance with RCW 69.50.505, cash proceeds from the sale of drug forfeiture property seized by OPNET shall be delivered to the Clallam County Treasurer together with transmittal instructions indicating the respective state and local shares thereof according to RCW 69.50.50(h). The local share shall then be deposited in the OPNET Drug Fund of the Clallam County Treasurer and accounted for separately as the OPNET Drug Fund. The State's share shall be remitted by the Treasurer to the State PSE account, as required by the statute, according to the figures supplied by OPNET on the Treasurer's general transmittal form. A copy of the Clallam County Treasurer's receipt and transmittal form for each such deposit, identifying the forfeiture case by name and/or case number, shall be promptly provided to the OPNET Coordinator. d. In order to insure compliance with this agreement, the parties agree that all forfeitures made pursuant to RCW 69.50.505 shall be made available upon reasonable request for disclosure by the Governing Board. SECTION 9. LIABILITY. Each party shall be responsible for the wrongful or negligent actions of its employees while assigned to the Olympic Peninsula Narcotics Enforcement Team (OPNET). Legal liability shall only be to the extent such liability may exist under applicable state or federal law, and this agreement is not intended to diminish or expand such liability. a. To that end, each party promises to hold harmless and release the other parties from any loss, claim or liability arising from or out of the tortious actions or inaction of its employees, officers and officials. Such liability shall be apportioned among the parties or other at fault persons or entities in accordance with the applicable law. b. Nothing herein shall be interpreted to: G \Legal_ Backup\AGREEMENTS&CONTRACTS\DTF Agreement Draft 10 doc Revised July 1, 2003 " . ' ... . '. - 6 - ... (1) Waive any defense arising out of Title 51 RCW. (2) Limit the ability of a participant to exercise any right, defense or remedy which a party may have with respect to third parties or the officer whose action or inaction give rise to loss, claim or liability including, but not limited to, an assertion that the officer was acting beyond the scope of his or her employment. SECTION 10. AMENDMENT. This agreement may be amended by written agreement of the parties. SECTION 11. INTEGRATION. This agreement contains all the terms and conditions agreed upon by the parties, except necessary operational agreements between the law enforcement agencies of the respective jurisdictions in furtherance hereof. No other understanding, oral or otherwise, regarding the subject matter of this agreement, shall be deemed to exist or to bind either of the parties. SECTION 12. TERMINATION. This agreement, as to any party, may be terminated upon sixty (60) days notice in writing given to each of the other parties. Upon termination, an equitable distribution of drug forfeiture proceeds and drug fund proceeds and equipment purchased with such proceeds shall be made to any terminating party. SECTION 13. GOVERNING LAW. This agreement shall be governed in all respects by the laws of the State of Washington and the United States of America. IN WITNESS WHEREOF, this agreement is executed by duly authorized signatories as set forth below. Dated: '0- '7 - O~ Dated: /()- '7 - ~ As author~~ed by the Citb Council on the 'It/A.. day of t.'r ., 2003 ~ . w' ' to """;~-,,,~ " "n,?]~ 1ayor, Clt'\7'~f,lort Angeles ~,-\~ \)~ l"'(j.(<~ ~~p :'"' '1\ c....Qr)QS6c,;r I~ .; ...':' .I":., ~ ~ 4.~.lt, ~ " 00 o4-:~ I ~ ,,' ,', ,,<-" " 1.r-...: ,,',..) 0" :! i~ r. FJ( .p",~... .:.-;,.. 'j -: <' ,"!'. -~ ~:;... ::. "d. .. :~1 J ~ ti..~ ~.tr"'1l ,'" 'i ~_ - .,1;:-,': ". ~A fIj~, ~\.\= ]( I: '. '...1 r.' !Jl, 'I ~ ("- ~ :}1. ~ ~ 'l' ~....I .~""J1,.f ,P;jJ ~ .~ ~! ' :.' ,d <> r~1::. , i €. S .... ~ ""'},'!- "'1 . v<.\ 0 f' .... Y tt' '" I;' <I t:__lf.~ ';-< ''''Cl .t.f1o ... 11.\' ... J. \~t",o/!i~1 e ~ \j""')\ ,..~~ ~~,'"'' $:"'~r - ~ If'" ('J .~..... "";. '\~'~:f .. ,f 'JlJ~OoJ.~~~. ,,~\ .... ~ }.;; ~~ . : {\ '1 IY" \ -, .t-;/'I" '.1 Hn\fr., \ \'J . G'\L.~gaL'B~9\<11P'W!rEEMENTS&CONTRACTS\DTF Agreement Draft 10,doc . ReVIsed July 1, 2003 ( t~e~/~ L:hief of Police, City of Port Angeles . 1.: ' , . .' .:' ..~ ~ J" , Dated: i 0 --7--3 -0 > As authorized by the City Council On the '2 L day of (!)C W~2003 W~~~ Mayor, City of equim Dated: It) I Z,I! ()~ I . oard 'tw ~v , 2003 " Dated: As authorized by the Board ont~:: ' CommissIOner, Jefferson County 2003 Prosecuting Attorney, Clal am County Appro ed as to form: ~ - 7 - Dated: /1J .~;;] -03 Dated: Dated: I 0 ~ 2.2. - 0.3 Approved as to form: Sequim City Attorney G \LegaLBackup\AGREEMENTS&CONTRACTS\DTF Agreement Draft 10 doc RevIsed July 1,2003