HomeMy WebLinkAbout5.1059 Original Contract ���NA KLALLq ELWHA KLALLAM POLICE DEPARTMENT
4821 DRY CREEK ROAD (360) 452 -6759
PORT ANGELES, WA 98363 FAX (360) 452 -9560
Y'a .4 3' 4 x
A. A 0 R I tea I i'\ki A L
POLICE
TREATY OF'
1855
Date 04/30/2012
Chief Terry Gallagher
Port Angeles Police Department
321 East Fifth Street
Port Angeles. WA 98362
Dear Chief Gallagher:
Fully- commissioned law enforcement officers and limited commission Reserve law
enforcement officers of the Port Angeles Police Department are hereby appointed, under
authority delegated by the Lower Elwha Tribal Council, as "Special Police Officers” as
designated by the Chief of Police of the Elwha Tribal Police Department, and pursuant to
all of the conditions and limitations of the inter -local agreement between the Elwha Tribal
Police Department and the Port Angeles Police Department.
The appointee understands and acknowledges that the authorities vested in him or her by
this special commission can only be exercised in furtherance of the mission for which he or
she has been specially commissioned and extend only so far as may be necessary to
faithfully complete that mission.
This Special Police Commission includes the authority to arrest and detain persons who are
under the jurisdiction of the Elwha Tribal Police Department and within the exterior
boundaries of the Lower Elwha Klallam Tribes jurisdiction. This authority is revocable at
the discretion of the issuing official or designated representative thereof. Moreover, those
authorities terminate at the expiration of the term of the inter -local agreement between the
Elwha Tribal Police Department and the Port Angeles Police Department and /or upon
termination of employment with the Port Angeles Police Department.
Signed
Lower Elwha Triba olice Department Chief of Police
Date: 6 7/36494>
INTERLOCAL COOPERATIVE LAW ENFORCEMENT AGREEMENT
BETWEEN
THE CITY OF PORT ANGELES
AND
THE LOWER ELWHA KLALLAM TRIBE
This Agreement to provide mutual law enforcement assistance is entered into between the
City of Port Angeles (hereinafter "City a political subdivision of the State of Washington, and
the Lower Elwha Klallam Tribe (hereinafter "Tribe a federally recognized Indian Tribe
organized pursuant to the Indian Reorganization Act, 25 U.S.C. §476, with a constitution and
bylaws approved by the Secretary of the Interior. Both parties are "public agencies" as defined
in RCW 39.34.020, Washington's Interlocal Cooperation Act.
RECITALS
WHEREAS, the Lower Elwha Klallam Indian Reservation (hereinafter the
"Reservation is located, in part, adjacent to the corporate limits of the City; and
WHEREAS, other Reservation and Off-reservation Indian Trust Lands may be located in
or near the corporate limits of the City; and
WHEREAS, the Tribe has certain law enforcement powers on Reservation lands and Off
reservation Indian Trust Lands; and
WHEREAS, the City and the Tribe each wish to facilitate a cooperative approach to law
enforcement for their mutual aid and to enhance public safety for all persons and property within
the Reservation, on Off Reservation Indian Trust Lands, and within the corporate limits of the
City; and
WHEREAS, under the authority of Lower Elwha Tribal Resolution #51 -10, adopted by
the Tribe on July 13, 2010 and approved by the United States Department of Interior, the Lower
Elwha Klallam Tribal Police Chief grants Tribal Police Commissions to members of the Port
Angeles Police Department; and
WHEREAS, under the authority of the City of Port Angeles Resolution /OD, adopted
by the City Council on July 20, 2010, the City of Port Angeles Police Chief grants City Police
Special Commissions to members of the Lower Elwha Klallam Tribe; and
WHEREAS, all officers commissioned under this Agreement must meet the standards of
RCW 10.93 and the Training Standards adopted by the Washington State Criminal Justice
Training Commission; and
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WHEREAS, the Tribe and the City each respects the sovereignty and political integrity of
the other, and each desires to enter into an Agreement reflecting a full government -to-
government relationship in regard to criminal jurisdiction and the Mutual Aid of Peace Officers
Powers Act.
NOW, THEREFORE, this Agreement is entered into under the Washington Interlocal
Cooperation Act (RCW 39.34 et seq.), the Washington Mutual Aid Peace Officers Powers Act
(RCW 10.93), and Article IV, Section 1.a. of the Constitution of the Lower Elwha Klallam
Tribe, and the parties agree as follows:
1. Definitions. As used in this Agreement,
a. "Approved Tribal Officer" means a law enforcement officer employed by the
Tribe who meets the standards of RCW 10.93, the Training Standards adopted by
the Washington State Criminal Justice Training Commission and the standards of
the Port Angeles Police Department, and who has been granted a Special
Commission by the Port Angeles Police Department.
b. "Approved Port Angeles Officer" means a law enforcement officer employed by
the City who meets the standards of RCW 10.93and the Training Standards
adopted by the Washington State Criminal Justice Training Commission, and who
has been granted a Special Commission by the Lower Elwha Klallam Tribal
Police Chief.
c. "Designated Offenses" means all violations of the laws of the United States, State,
County, City or Tribe, whether civil or criminal, and of any Traffic Code adopted
by the City or the Tribe.
d. "Port Angeles Police Special Commission" means a Port Angeles Police
Department special commission granted in writing to an Approved Tribal Officer
by the Port Angeles Chief of Police in accordance with this Agreement.
e. "Lower Elwha Klallam Tribal Police Special Commission" means a Lower Elwha
Klallam Tribal Police Department special commission granted in writing to an
Approved Port Angeles Office by the Lower Elwha Tribal Chief of Police in
accordance with this Agreement.
"Reservation" means the Lower Elwha Klallam Indian Reservation and all
territory within the exterior boundaries thereof, including, without limitation, all
roads, rights of way, easements and waterways within such exterior boundaries.
g.
"Off reservation Indian Trust Land" means land, other than land within the
Reservation, held by the United States in trust for the Tribe or for members of the
Tribe.
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2. Jurisdiction Preserved.
Nothing in this Agreement shall be construed to cede or alter any jurisdiction of either
party to this Agreement, to modify the legal requirements for arrest or search and seizure, to
otherwise modify legal rights of any person not a party to this Agreement, to accomplish any act
contrary to state or federal law, or to subject the parties to any liability to which they would not
already be subject to by law.
3. Issuing Special Commissions.
a. Port Angeles Police Special Commissions.
The Port Angeles City Police Chief shall have sole discretion to grant or deny
Port Angeles Police Special Commissions to Lower Elwha Klallam Tribal Police Officers and
will consider only applications submitted in writing to the Port Angeles City Chief of Police or
his designee. Each application must be accompanied by all background information on the
applicant known to the Lower Elwha Tribal Police Department, appropriate waivers allowing
standard Port Angeles Police Department pre employment investigation and background checks,
and such other information as may be required. The applicant may be required to undergo a
polygraph examination. The applicant must meet all the standards required for a Port Angeles
Police Officer examination then in effect. The Port Angeles Police Chief will not issue a special
commission to an individual officer of the Lower Elwha Klallam Tribe Police Department unless
that officer meets the standards of RCW 10.93 and has completed the Washington State Criminal
Justice Training Academy or its equivalent as determined by the Port Angeles City Police Chief.
The Port Angeles City Police Chief shall grant or deny each application within a reasonable time.
b. Lower Elwha Klallam Tribal Police Commissions.
The Lower Elwha Klallam Tribal Police Chief shall have sole discretion to grant
or deny Lower Elwha Klallam Tribal Commissions to Port Angeles City Police Officers and will
consider only applications submitted in writing to the Lower Elwha Klallam Tribal Chief of
Police or his designee. Each application must be accompanied by all background information on
the applicant known to the Port Angeles City Police Department, appropriate waivers allowing
standard Lower Elwha Klallam Tribal Police Department pre employment investigation and
background checks, and such other information as may be required. The applicant may be
required to undergo a polygraph examination. The applicant must meet all the standards
required for a Lower Elwha Klallam Tribal Police Officer examination then in effect. The
Lower Elwha Klallam Tribal Police Chief will not issue a special commission to an individual
officer of the Port Angeles City Police Department unless that officer meets the standards of
RCW 10.93 and has completed the Washington State Criminal Justice Training Academy or its
equivalent as determined by the Lower Elwha Klallam Tribal Police Chief. The Lower Elwha
Klallam Tribal Police Chief shall grant or deny each application within a reasonable time.
4. Suspension and Revocation of Special Conunissions.
a. The Port Angeles City Police Chief shall have sole discretion to grant or deny,
revoke or suspend any special commission to Tribal Police Officers under this Agreement. The
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Port Angeles City Police Chief shall provide prompt written notice of any suspension or
revocation to the Lower Elwha Tribal Police Chief.
b. The Lower Elwha Tribal Police Chief shall have sole discretion to grant or deny,
revoke or suspend any special conunission to City of Port Angeles Police Officers under this
Agreement. The Lower Elwha Tribal Police Chief shall provide prompt written notice of any
suspension or revocation to the Port Angeles City Police Chief.
5. Scone of Powers.
a. Lower Elwha Tribal Police Commissions granted under this Agreement shall
authorize Approved Port Angeles Officers to exercise on the Reservation and on Off reservation
Trust Lands, all powers of a Lower Elwha Tribal Police Officer pursuant to applicable law when
acting under invitation or at the request of the agency of jurisdiction, under exigent
circumstances as set out in subsection c. of this section, or to provide assistance with special
events, or as part of collaborative enforcement efforts.
b. Port Angeles Police Special Commissions granted under this Agreement shall
authorize Approved Tribal Officers to exercise within the City all powers of a Port Angeles
Commissioned Police Officer pursuant to applicable law when acting under invitation or at the
request of the agency of jurisdiction, under exigent circumstances as set out in subsection c. of
this section, or to provide assistance with special events, or as part of collaborative enforcement
efforts.
c. An Officer acting under a special commission granted under this Agreement may
act without prior request of the agency of jurisdiction only under exigent circumstances and in
accordance with the procedures set out in Section 8.c. of this Agreement. The Chief of Police for
each jurisdiction, or his designee, shall be notified of the exercise of this special commission at
the earliest possible opportunity.
6. Out -of- Jurisdiction Law Enforcement Assistance.
Pursuant to RCW 39.34 et seq., RCW 10.9, and RCW 39.34.020, the situations for which
the Port Angeles Police Department and the Lower Elwha Tribal Police Department are
authorized to render law enforcement assistance in each agency's respective jurisdiction under
this Agreement are the following:
a. Life or death incidents;
b. Accidents or incidents involving a serious injury or fatality;
c. Crime scenes involving the protection of human life;
d. Officer in trouble or officer requesting assistance;
e. Threats to public health or safety;
f. Incidents directly affecting public safety or public resource protection;
g. Felonies committed in the presence of the respective law enforcement officer;
h. Misdemeanors committed in the presence of the respective law enforcement
officer that pose a threat to the public's health or safety.
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7. Exercise of Powers.
a. Approved Tribal Officers and Approved Port Angeles Officers commissioned
pursuant to this Agreement shall comply with the applicable constitutional and statutory
provisions concerning enforcement of state, tribal, or federal laws, as appropriate, when
exercising such authority.
b. Approved Tribal Officers and Approved Port Angeles Officers shall make
referrals for prosecution resulting from exercise of a Tribal or Port Angeles Police Special
Commission to the Chief of Police or his designee of the respective jurisdiction. The Chief of
Police for the respective jurisdiction shall make referrals to the appropriate prosecuting authority
for filing in the appropriate courts, whether federal, state, tribal or municipal.
8. Operational Protocols.
a. All Approved Tribal Officers shall at all times remain under the control of the
Lower Elwha Tribal Police Department, but when acting under the authority of the City of Port
Angeles Special Commission, said Approved Tribal Officer shall abide by the rules and
regulations of the City of Port Angeles Police Department, all municipal laws and regulations, all
state laws and regulations, the state and federal constitutions, and shall be subject to the direction
of the City of Port Angeles Police Department.
b. All Approved Port Angeles Officers shall at all times remain under the control of
the City of Port Angeles Police Department, but when acting under the authority of the Lower
Elwha Police Special Commission, said approved Port Angeles Officers shall abide by the rules
and regulations of the Lower Elwha Tribal Police Department, all municipal laws and
regulations, all state laws and regulations, the state and federal constitutions, and shall be subject
to the direction of the Lower Elwha Tribal Police Department.
c. In the event that an Approved Tribal Officer or Approved Port Angeles Officer
observes any emergency or life- threatening situation, the Approved Officer shall, if feasible,
attempt to make radio contact with the appropriate jurisdiction and then shall render such aid or
assistance as deemed necessary. In such circumstances, it will be implied that the jurisdiction is
in need of assistance and that the Approved Officer is authorized by said agency to provide
immediate aid or assistance without further request or delay. Any Approved Officer exercising
powers or duties obtained as a result of this paragraph of the Agreement must give notice to the
appropriate jurisdiction immediately and submit a written report within twenty-four (24) hours.
d. The Port Angeles Police Department agrees to respond to requests for emergency
law enforcement assistance from the Tribal Police within reasonable limits as determined by the
Port Angeles Police Chief or his designee. The Port Angeles Police Department agrees to
respond to requests from the Tribal Police for the K -9 unit under the terms, policies and
guidelines for the K -9 unit established by the Port Angeles Police Department. The Lower
Elwha Tribal Police Department agrees to respond to requests for emergency law enforcement
assistance from Port Angeles Police within reasonable limits as determined by the Tribal Police
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Chief, or his designee. The Lower Elwha Tribal Police Department agrees to respond to requests
from the Port Angeles Police Department for the Tribe's K -9 unit under the appropriate Tribal
Police Department procedures.
e. In order to facilitate a better understanding of the law enforcement duties and
expectations of federal, state, or tribal law enforcement personnel, the Port Angeles Police
Department and the Lower Elwha Tribal Police Department may develop more detailed
operational protocols.
9. Report of Exercise of Special Commission Powers.
Any action taken by an Approved Tribal Officer pursuant to a Port Angeles Police
Special Commission shall be reported immediately to the Port Angeles Police Department
through PenCom Communications.
Any action taken by an Approved Port Angeles Officer pursuant to a Tribal Police
Commission shall be reported immediately to the Lower Elwha Tribal Police Department
through PenCom Communications.
Pursuant to Sections 5.c. and 8.c., above, the notifying Officer shall provide a written
report to the other agency of the action taken within twenty -four (24) hours of the enforcement
action.
10. Prosecution Function as Witnesses.
The parties recognize that the cooperation of law enforcement officers, including making
court appearances as witnesses, is necessary for the effective prosecution of crimes and offenses
resulting from enforcement actions taken pursuant to this Agreement.
The parties agree to provide officers when necessary as witnesses in Clallam County
Superior, District, and other courts, the Lower Elwha Klallam Tribal Court, or Federal courts.
The Port Angeles Police Department and the Lower Elwha Tribal Police Department
shall include all courts specified in this section in their written procedures on court appearances,
indicating that necessary appearances by officers are required in all courts.
11. Hold Harmless Indemnification.
a. Lower Elwha Klallam Tribe.
The Tribe agrees to assume all liability for the acts or omissions of Tribal officers,
their agents or employees and the Tribe expressly agrees to hold harmless, indemnify and defend
the City of Port Angeles, the City of Port Angeles Police Department and all the elected and
appointed officials, officers, agents and employees from any and all liability, loss, claim,
complaint or damage, including reasonable costs of defense, that result from, arise out of, or are
in any way connected with the acts or omissions of Tribal Officers, agents, or employees.
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b. City of Port Angeles.
The City agrees to assume all liability for the acts or omissions of Port Angeles
City Officers, their agents or employees and the City expressly agrees to hold harmless,
indemnify and defend the Lower Elwha Klallam Tribe, and Lower Elwha Tribal Police
Department, and all the elected and appointed officials, officers, agents and employees from any
and all liability, loss, claim, complaint or damage, including reasonable costs or defense that
result from, arise out of, or are in any way connected with the acts or omissions of Port Angeles
City Officers, agents, or employees.
c. Except as provided in this Section 11, under no circumstances shall the Tribe or
City be held liable for the acts or omissions of employees, agents, or representatives of the other
party that are performed under color of this Agreement. The Tribe and the City shall hold
harmless and defend each other from all claims, judgment, or liabilities by third parties for
bodily injury, property damage, personal injury, civil liability of any time and nature which may
arise out of the activities of their respective employees, agents, or representatives, pursuant to
this Agreement, or the police special commissions described herein.
12. Insurance Immunities.
a. Lower Elwha Klallam Tribe.
The Tribe agrees to procure and maintain in force an occurrence -based insurance
policy with commercial insurers authorized to write in the State of Washington in an amount no
less than One Million Dollars ($1 Million) per occurrence, for all potential liability arising from
or connected with any action taken pursuant to this Agreement and including, but not limited to,
insuring against claims for false imprisonment, false arrest, public liability, property damage,
police professional liability, and violation of civil rights, and shall maintain the policy in full
force and effect during the life of this Agreement. If this Agreement is terminated for any
reason, the Tribe agrees to keep in force this insurance for all actions taken under this Agreement
until such time as the protection from suit is granted by the statute of limitations. The insurance
policy shall name the City, its officers and employees as "additional insured" as relates to
performance under this Agreement and the City shall receive, annually, a Certificate of Insurance
as evidence of this coverage together with an endorsement adding the City as an additional
insured.
The parties agree that in discharging this indemnification obligation, the City shall
look first to the proceeds of insurance procured by the Tribe herein and the policy of insurance
obtained by the Tribe shall prohibit the insurer from asserting a defense of sovereign immunity
to the claim made under the policy. The Tribe agrees to assign over to the City, at its request,
any and all of its rights against the insurer to effectuate a payment of its indemnification
provision.
All immunities enjoyed by City law enforcement officers under state or federal
law shall inure to the benefit of Approved Tribal Officers when acting under a police special
commission pursuant to the terns of this Agreement.
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b. City of Port Angeles.
The Tribe acknowledges that the City of Port Angeles is self insured and a
member of WCIA. The City agrees to maintain membership in WCIA, or successor, or
equivalent insurance risk pool for the term of this Agreement. Should the City discontinue
membership in WCIA or equivalent agency during the life of this Agreement, the City shall
secure appropriate replacement coverage equivalent to coverage provided by the Tribe and name
the Tribe as an additional insured with evidence of coverage.
All immunities enjoyed by Tribal law enforcement officers under State or Federal
law shall inure to the benefit of Approved Port Angeles officers when acting under a police
special commission pursuant to the terms of this Agreement.
c. Federal Tort Claims Act.
Nothing in this Agreement shall preclude the Tribe, the City, or their respective
employees, agents or representatives from seeking the benefits and protections of the Federal
Tort Claims Act. It is expressly agreed and understood that the indemnification provided for in
this Agreement is for the benefit of the Tribe and the City and their respective officials, officers
and employees only and there is no intention by the parties to confer any rights hereunder to any
person, entity or third party, intentionally, unintentionally or by implication.
13. Tribe's Waiver of Immunity.
The Tribe waives its right to assert sovereign immunity as a defense to any lawsuit or
complaint by the City pursuant to this Agreement and consents to the jurisdiction of the courts of
the State of Washington to hear and resolve any such lawsuit or complaint.
14. Governing Law, Dispute Resolution, and Venue.
This Agreement shall be governed by, construed, and enforced in accordance with the
laws of the State of Washington. Any controversy, dispute, claim or counterclaim of whatever
nature arising out of, in connection with, or in relation to the interpretation, performance, or
breach of this Agreement, including without limitation and any claim based upon contract,
equity, tort or statute, shall be resolved by final and binding arbitration, provided that the parties
will first seek to resolve any dispute through good -faith negotiation and may, on a case -by -case
basis, agree to mediation prior to binding arbitration. The Tribe recognizes that the provisions
for binding arbitration set out in this section constitute a waiver of the Tribe's sovereign
immunity for purposes of the arbitration and for enforcement of any arbitration award or
judgment in the Superior Court of Washington for Clallam County.
The City or the Tribe may initiate arbitration by providing written notice of intent to
arbitrate to the other party, together with a statement of the matter in controversy. It is the intent
of the parties that the arbitration be conducted by a single arbitrator. If within thirty (30) days of
the notice of intent to arbitrate the parties are unable to agree upon such single arbitrator, the City
and the Tribe each may appoint an arbitrator by providing written notice of the name of an
arbitrator to the other. If either the City or the Tribe does not so appoint an arbitrator within ten
(10) business days after the other party appoints an arbitrator, the single appointed arbitrator
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shall act as the sole arbitrator of the specified controversy. If each party appoints an arbitrator,
the two arbitrators shall meet promptly and attempt to select a third arbitrator. If the two
appointed arbitrators are unable to agree on a third arbitrator within ten (10) business days after
the second arbitrator is appointed, either the City or the Tribe may apply to the Superior Court of
Clallam County for the selection of a third arbitrator. Once appointed, the three- arbitrator panel
shall determine the specified controversy. Each party shall bear the cost of any arbitrator it
appoints, and one -half (1/2) of the cost of appointing a third arbitrator and the third arbitrator's
fee. Any arbitrator appointed under this provision must be an active member of the Washington
State bar.
The arbitration rules and procedures in Chapter 7.04 RCW shall govern the arbitration
process, the Washington State rules of civil procedure shall govem pre- hearing discovery to the
extent not incompatible with the procedures set forth in Chapter 7.04 RCW, and the laws of
evidence of the State of Washington shall govern the presentation of evidence at the arbitration
hearing.
An award or decision rendered by a majority of the arbitrators appointed under this
Agreement shall be finding and binding on all parties to the proceeding, and judgment upon any
award or decision rendered by the arbitrators may be entered in the Superior Court of Clallam
County, Washington, and enforced in the same manner as any other judgment.
Nothing in this Agreement shall be deemed or construed to confer on the arbitrator or
arbitrators any authority, power, or right to alter, change, amend, modify, add to, or subtract from
any of the provisions of this Agreement, except to the extent that any part of this Agreement is
determined to be contrary to applicable law.
15. Amendment.
No changes or modifications to this Agreement shall be valid or binding upon the parties
unless such change or modifications are mutually agreed to in writing and executed by the
parties in the same manner and formality as the original Agreement by authorized
representatives.
16. Severabilitv.
It is understood and agreed to by the parties hereto that if any part or provision of this
Agreement, or its application to any person or circumstance, is held illegal or invalid, the
remaining parts or provisions, or application of the parts or provisions of the Agreement to other
persons or circumstances, shall not be affected, and the rights and obligations of the parties shall
be construed as if the Agreement did not contain the illegal or invalid part. Because the source
of legal authority to grant, revoke, and suspend the police special commissions described in this
Agreement is separate from and independent of the terms of this Agreement, the invalidity of all
or a portion of this Agreement shall have no affect on the validity of such special commission,
which shall remain in effect until suspended or revoked at the discretion of the parties' Police
Chiefs or their designees.
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17. Integration.
This Agreement contains terms and conditions agreed upon by the parties. The parties
agree that there are no other understandings, oral or otherwise, regarding the subject matter of
this Agreement.
18. Notice.
Any notice required or permitted to be given under this Agreement shall be deemed
sufficient if given in writing and sent by registered or certified mail.
City of Port Angeles notices shall be sent to:
19. Term Duration.
Chief of Police
Port Angeles Police Department
321 East 5 Street, P.O. Box 1150
Port Angeles, WA 98362
Lower Elwha Klallam Tribe notices shall be sent to:
Chief of Police
Lower Elwha Tribal Police Department
2851 Lower Elwha Road
Port Angeles, WA 98363
Either party may, through its authorized officials, withdraw from this Agreement upon
sixty (60) days written notice to the other party. Withdrawal from this Agreement by either party
does not affect or diminish authority exercised prior to the effective date of such withdrawal.
Withdrawal shall not relieve either party of its Agreement to insure without interruption or
indemnify the other party as required herein for liability or expense arising out of actions prior to
the time of withdrawal or when revocation becomes effective.
The Agreement shall commence upon execution by both parties, as signed and dated
below. The Agreement shall be effective for a period of five (5) years and shall be deemed
renewed successively for five (5) years at the end of each term or renewal, unless the party to be
bound has earlier withdrawn or set forth its desire to have this Agreement terminate at its regular
termination date.
20. Filing of the Agreement with County Auditor and/or Posting on Website.
It is mutually agreed by the parties that this Agreement shall be filed with the Clallam
County Auditor after it is signed by both parties, or in lieu thereof, posted on the official website
of each party. Recording costs shall be equally borne between the parties.
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21. Warranty.
The signers to this Agreement warrant that they have the power and authority and are
duly authorized by their respective City Council andlor Tribal Council to enter into this
Agreement on behalf of the entity for whom they execute this Agreement in a representative
capacity.
CI p OF PORT ANGELES
411, r
Mayor, Dan Di Guilio
Attest:
7/2 3/
Dated
�a 3 ssa Hurd, City Clerk
Approv d as to form:
William E. Bloor, City Attorney
LOWER ELWHA KLALLAM TRIBE
Tribal Chairperson, Frances G. Charles, or
her designee
1 1
Dated
Approv as to form:
Stephen
Suagee, LEKT Gen al Counsel
G: \Legal\a AGREEMENTS&CONTRACTS\2010 Agrmts &Contracts \LEKT.Interlocal Cooperative Law Enforcement 071 61 0 doc
.e/
Resolution #51 -10
Approval of Attached
Interlocal Cooperative Law Enforcement Agreement
Between the City of Port Angeles
And the Lower Elwha Klallam Tribe
WHEREAS, the Lower Elwha Community Council is the governing body of the Lower Elwha
Klallam Tribe in accordance with the Treaty of Point -No- Point, January 26, 1855, the Tribe's
Constitution and Bylaws, approved by the Secretary of the Interior on April 29, 1968, pursuant to
the Indian Reorganization Act of June 18, 1934; and
WHEREAS, the Business Committee of the Lower Elwha Community Council is the duly
elected representative body of the Tribe, and is responsible for ensuring the Health, Safety,
Education, Welfare, and Social and Economic Development, Natural Resources, Law and Order,
Judicial Services, Housing and to preserve and protect Culture and Treaty Rights, and otherwise
promote the interests of the Tribe and its members; and
WHEREAS, under the Tribe's inherent authority and its Constitution, the Community Council
and Business Committee possess broad authority to safeguard the public safety of the
Reservation and all other lands over which the Tribe exercises jurisdiction, and to enter into
agreements with other governments to protect the interests of the Tribe; and
WHEREAS, the Lower Elwha Tribal Police Department is authorized to protect the public safety
and to enforce tribal and federal law within the Reservation, and frequently is called upon to
assist or cooperate with the City of Port Angeles Police Department, sometimes in matters
outside the area of the Tribe's jurisdiction; and
WHEREAS, the Lower Elwha Tribal Police Department frequently has need to call upon the
Port Angeles Police Department to assist or cooperate, sometimes in matters within the Tribe's
area of jurisdiction; and
WHEREAS, the Tribe and the City both desire to improve the legal basis upon which their
respective police departments provide assistance to one another; and
WHEREAS, the police departments of the Tribe and City have negotiated the attached Interlocal
Cooperative Law Enforcement Agreement to set out the terms upon which they may cross
commission each other's officers and provide assistance and cooperation to one another, and the
Office of General Counsel has reviewed and approved the Agreement.
THEREFORE BE IT NOW RESOLVED THAT, the Lower Elwha Klallam Business Committee
hereby approves the attached Interlocal Cooperative Law Enforcement Agreement Between the
City of Port Angeles And the Lower Elwha Klallam Tribe, and authorizes and directs the
Chairperson or her designee to execute this Agreement on behalf of the Tribe as soon as possible
after the Port Angeles City Council approves the Agreement for the City.
yl r Lam? rl.,c t
Frances G. Charles, Chairperson
Certification
The foregoing Resolution 51 -10 was approved by the Lower Elwha Tribal Business Committee
at a duly authorized meeting on July 13, 2010, with a members present, constituting a
quorum, and was approved by a vote of a for; against, and abstaining.
Council Member