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Home My WebLink About5.935 Original Contract . , '. ~ 5.9~5 ;:::- / /.... .$' MEMORANDUM OF UNDERSTANDING Between NATIONAL PARK SERVICE OL YMPIC NATIONAL PARK And PORT ANGELES POLICE DEPARTMENT ARTICLE I - BACKGROUND AND OBJECTIVES It is the mutual desire of the Port Angeles Police Department and the National Park Service (Service) to work in harmony for the common purpose of better protecting life and property of the public they serve by cooperating in the use of trained personnel and equipment where unforeseen threats to human life and property within their respective jurisdictions arise; alld The Port Angeles Police Department is desirous of having certain of its officers deputized by the National Park Service and the National Park Service is desirous of having certain of its rangers deputized by the Port Angeles Police Department; , and The National Park Service has exclusive law enforcement authority over land within the boundaries of Olympic National Park over which jurisdiction has been ceded by the State of Washington, pursuant to RCW 37.08.210; and The National Park Service has, under the provision of Federal Statute of August 25, 1916, as amended, the General Authorities Act of October 7, 1976, 16 USC 1a-6 (1976), the authority to enter into an agreement between Olympic National Park and the Port Angeles Police Department within the boundaries of Olympic National Park to cooperate in the enforcement of state and local laws and ordinances. The Service also has the authority under 16 USC 1 b to render emergency assistance to nearby law enforcement agencies. . I The Chief, Port Angeles Police Department, has, under the authority of RCW Chapter 36.28, the power to appoint deputies to act in his behalf to assist him in the accomplishment of his duties as defined by RCW Chapter 28. The Chief and the Superintendent conclude that cooperation in the exercise of law enforcement capabilities across boundaries will better protect public safety and promote' general welfare. ARTICLE II - STATEMENT OF WORK Therefore, the Port Angeles Police Department, herein referred to as the Police Department, acting by and through the Chief, Port Angeles, Washington, and the National Park Service, herein referred to as the Service, acting ,by and through the Superintendent, Olympic National Park, Port Angeles, Washington, agree as follows: The Service will: 1. When necessary, take immediate action on land inside or outside of the park, which is subject to city jurisdiction, pending the arrival of the Police Department whenever incidents listed below occur: a. Emergency responses to life threatening incidents, serious injury/fatality accidents/incident scenes, crime 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 Park Service Law Enforcement Personnel; 2 d. Misdemeanors committed in the presence of Park Service Law Enforcement personnel that present an immediate threat to the health and safety of the public. 2. At the request of the Police Department, and when the Service deems it economical and in the public interest when supplemental law enforcement personnel are needed, designate law enforcement officers of the city to act as special police officers in areas ofthe National Park System, and to exercise the powers and authority provided in 16 U.S.C. la-6, subsection (b), paragraphs 1 through 3. 3. Cooperate, within the National Park System, with the Police Department in the enforcement of the laws of the State or its subdivision, and designate NPS law enforcement personnel to assist in the enforcement of the laws of the state or its subdivisions. 4. Hereby authorize the Police Department to monitor and transmit on the Service's assigned radio frequency for the purpose of assisting field personnel in emergency or non-emergency situations; The Police Department Will: 1. In the event of a need for emergency assistance, and upon request of the Service, the Police Department will make a good faith effort to provide available law enforcement personnel, search and rescue personnel, and/or other necessary personnel and equipment to cooperate with the Service in response to the emergency within Olympic National Park. 2. Hereby authorize the Service to monitor and transmit on the Police Department assigned radio frequency for the purpose of assisting field personnel in emergency or non-emergency situations. 3. Cooperate with the Service by arresting persons wanted on Service warrants when such persons are located in the Police Department's jurisdiction. 4. To make arrests for any felony cognizable under the laws of the United States or for any state felony cognizable under the authority of Title 18, USC, 3 Sections 7 and 18, if the officer has reasonable grounds to believe that the person to be arrested has committed or is committing such felony. Whenever this authority is exercised, the Police Department shall notify the Service as soon as possible. 5. Cooperate, when the Service deems it economical and in the public interest when supplemental law enforcement personnel are needed, in the designation of city law enforcement officers as supplemental special police within Olympic National Park boundaries. The Service and the Police Department Mutually agree: 1. To assume the cost of salaries, food, gasoline, and other incidental expenses of its own personnel and equipment in emergency situations. 2. Thatduring emergency situations, each agency shall be responsible for the direction of its employees. However, the officer in charge of the agency shall cooperate fully with the officer directing the emergency operation. ARTICLE III - TERM OF AGREEMENT This Memorandum of Understanding will remain in effect for an unspecified period unless terminated by either party. Any party to this Memorandum of Understanding may cancel their participation by sixty days written notice to the other party. Modification of any provision of this Memorandum will be by mutual consent. 4 . . ARTICLE IV - KEY OFFICIALS Chief, Terry Gallagher Port Angeles Police Department 321 East 5th Street Port Angeles, Washington 98362 (360) 452-4545 Acting Superintendent Susan K. McGill Olympic National Park 600 East Park Avenue Port Angeles, Washington 98362 (360) 565-3004 ARTICLE V - PROPERTY UTILIZATION Not applicable. ARTICLE VI - PRIOR APPROVAL, IF APPLICABLE Not applicable. ARTICLE VII - REPORTS AND/OR DELIVERABLES, IF APPLICABLE Not applicable. ARTICLE VIII - TERMINATION This Memorandum of Understanding may be terminated at any time with 60 days written notice from either the Police Department or the Service. ARTICLE IX - STANDARD CLAUSES 1. Civil Rights During the performance of this agreement, the participants agree to abide by the terms ofUSDI-Civil Rights Assurance Certification, non-discrimination. and will not discriminate against any person because of race, color, religion, gender or national origin. The participants will take affirmative action to ensure that applicants are employed without regard to their race, color, religion, gender or national origin. 5 '. . 2. 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 therefrom, but this provision shall not be construed to extend to this agreement if made with a corporation for its general benefit. 3. Promotions Port Angeles Police Department shall not publicize, or otherwise circulate, promotional material (such as advertisement, sales brochures, press releases, speeches, still and motion pictures, articles, manuscripts or other publications) which states or implies Governmental, Departmental, bureau or Government employee endorsement of a product, service, or position which the Police Department represents. Olympic National Park shall not publicize, or otherwise circulate, promotional material (such as advertisement, sales brochures, press releases, speeches, still and motion pictures, articles, manuscripts or other publications) which states or implies the Police Department employees endorsement of a product, service, or position which the National Park Service represents. No release or information relating to this agreement may state or imply that the Government approves of the Police Department's work product, or considers the Police Department's work product to be superior to other products or services. 4. Public Information Release Port Angeles Police Department must obtain prior Government approval from Olympic National Park for any public information releases which refer to the Department of the Interior, any bureau, park unit, or employee (by name or title), or this agreement. The specific text, layout, photographs, etc., of the proposed release must be submitted with th~ request for approval. 6 , ..' ., '. .' ,:. c:.. ARTICLE X - AUTHORIZING SIGNATURES IN WITNESS HEREOF, the parties hereto have signed their names and executed this Memorandum of Understanding. NATIONAL PARK SERVICE Signature: l2uo~ (Yri5~ / ( Susan K. McGill Name: Title: Acting Superintendent S-//4/og f f Date: PORT ANGELES POLICE DEPARTMENT Sign~t~~ 0fZ- Name: Terry Gallagher Title: Chief Date: M~~ (J ;LC308 (j ( 7