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Home My WebLink About5.1083 Original ContractMEMORANDUM OF AGREEMENT UNITED STATES COAST GUARD AND CITY OF PORT ANGELES POLICE DEPARTMENT AND CLALLAM COUNTY SHERIFF'S OFFICE REGARDING EMERGENCYASSISTANCE ON THE U.S. COAST GUARD INSTALLATION LOCATED ON EDIZ HOOK, PORT ANGELES, WASHINGTON 1. PARTIES. The Parties to this Memorandum of Agreement (MOA) are the Commanding Officer of the U.S. Coast Guard installation at Ediz Hook, Clallam County, Washington, on behalf of the United States and the United States Coast Guard (USCG), the City of Port Angeles Police Department (PAPD), and the Clallam County Sheriff's Office (CCSO). 2. PURPOSE. The intent of this MOA is to establish a framework for full cooperation between the USCG, and PAPD and CCSO in the event of a 911 call or other notification of an imminent threat to the safety of human life or the protection of property occurring on the Installation. Routine or non emergent interaction between the USCG and PAPD or CCSO is beyond the scope of this MOA. 3. AUTHORITY. The USCG is authorized to enter into this MOA under 14 U.S.C. 93 (a) (12); 141; 18 U.S.C. 1382; and 31 U.S.C. 1342. PAPD and CCSO are authorized to enter into this MOA pursuant to the Washington MutualAid Peace Officers Powers Act of 1985, Wash. Rev. Code 10.93.001, et seq. ".!D S3 4. COMMANDING OFFICER AUTHORITY PARAMOUNT. The Commanding Officer (CO) of Air Station and Sector Field Office Port Angeles, or the duly appointed direct representative of the CO, including the Officer of the Day (OOD), is the principle military officer exercising federal authority over the Installation. The CO is the paramount authority on the Coast Guard Installation and is personally accountable for the welfare of all personnel and property therein. In accordance with 14 U.S.C. 141, "the Coast Guard may avail itself of such officers and employees, advice, information and facilities of any Federal agency, State, Territory, possession, or political subdivision thereof as may be helpful in the performance of its duties." PAPD and CCSO actions on the Installation to respond to an imminent threat to the safety of human life or the protection of property are taken on behalf of and at the request of the CO as set forth here. In accordance with the Washington Mutual Aid Peace Officers Powers Act of 1985, Wash. Rev. Code 10.93.001, et seq. PAPD and CCSO may respond to a request for assistance pursuant to a mutual law enforcement assistance agreement with the agency of primary territorial jurisdiction. 5. INSTALLATION BOUNDARY AND JURISDICTION. a. Boundary. The 79 acres of land and tidelands under the administrative control of the U.S. Coast Guard on Ediz Hook, Clallam County, Washington, occupying part of Lot 7 and all of Lots 8, 9, 10, and 11 of Township 31 North, Range 6 West of the Willamette Meridian. See Maps at enclosures (1). 1 b. Legislative Jurisdiction. The Installation is a place of exclusive federal jurisdiction under Article I, section 8, clause 17 of the U.S. Constitution. By virtue of Port Angeles City Ordinance No 2355 (September 3, 1985) and section 35A.14.310 of the Revised Code of Washington (R.C.W.), the Installation is located within the territorial limits of the City of Port Angeles without derogation of federal ownership or exclusivity of federal legislative jurisdiction. c. Investigative Jurisdiction. Being a place of exclusive federal jurisdiction, investigative jurisdiction over crimes committed by civilians or military members on the Installation is held solely by the USCG or, pursuant to the MOU published at Appendix 3.1 of the Manual for Courts- Martial, United States (2008 ed.), the Federal Bureau of Investigation or DOJ. The Coast Guard Investigative Service (CGIS) investigates violations of Federal law and serves as the USCG liaison to state, local, and other Federal agencies for investigative purposes. d. Prosecutorial Jurisdiction. Being a place of exclusive federal jurisdiction, prosecutorial jurisdiction over crimes committed on the Installation is held solely by the U.S Department of Justice (DOJ) and the USCG. Because the Installation is a place of Special Maritime and Territorial Jurisdiction under 18 U.S.C. section 7(3), USCG and DOJ prosecutors may assimilate penal sections of the Washington Revised Code into Federal law to prosecute conduct proscribed thereby that occurs on the Installation, consistent with the Federal Assimilative Crimes Act, codified at 18 U.S.C. section 13. The Washington Criminal Code does not apply on the Installation, and neither state nor local prosecutors have jurisdiction over offenses committed thereon. 6. ON -SCENE RESPONSE. a. Fresh Pursuit. Vehicles approaching the Installation with PAPD and/or CCSO in fresh pursuit pose an imminent threat to the safety of human life on the Installation. PAPD and/or CCSO shall alert the USCG of fresh or immediate pursuit toward the Installation at the earliest practicable moment and inform the USCG of PAPD and/or CCSO's preferred course of action. b. Response to 911 Call from the Installation. PAPD and/or CCSO will respond to emergency calls (911 calls) originating from or requiring a response on the Installation with the same immediacy as if the call originated from any other location within the City limits. PAPD and/or CCSO will contact the Front Gate360 417 4650 and/or the Control Center 360 417 5840 as early as possible to ensure the front gate is opened to allow expedient PAPD and/or CCSO access. c. PAPD and CCSO is hereby authorized and reauested by the CO as follows: (1) to stop, restrain, detain or direct any persons, military or civilian, located on the Installation, as PAPD and/or CCSO deems necessary, and for as long as necessary, to respond to an imminent threat to the safety of human life or the protection of property. (2) to transport to the PAPD and/or CCSO jail facility for temporary holding any persons, military or civilian, as PAPD and/or CCSO deems necessary to protect life and property until such time as transportation to a federal detention facility can be arranged by USCG. 2 (3) to possess firearms on the Installation. (4) to inform persons detained in pursuance of this MOA that they are being detained at the request of the CO because it has been deemed a temporary but necessary action to alleviate an imminent threat to the safety of human life or the protection of property. (5) to use tactics and procedures as PAPD and/or CCSO deems necessary to respond to an imminent threat to the safety of human life or the protection of property occurring on the Installation. (6) To apply the PAPD and/or CCSO use of force policy unless given specific instructions to the contrary by the CO 8. ITEMS, DOCUMENTS, REPORTS. PAPD and/or CCSO will make available to USCG any reports, physical items, statements or other information created or obtained by PAPD and /or CCSO. 9. REPORTING. Following the emergency response, USCG will, if requested and to the extent practicable, assist PAPD and/or CCSO with preparation of reports necessary for compliance with R.C.W. 10.93.030. 10. FAMILIARIZATION VISITS. The CO invites PAPD and CCSO officers to contact the Command Security Officer periodically to arrange for guided familiarization visits to the Installation. 11. MODIFICATION. This MOA may be modified upon the mutual written consent of the Parties. 12. ANNUAL REVIEW. The Parties shall meet no less than annually to review the effectiveness of the MOA and determine the need for modification, continuation, or termination. 13. TERM. This MOA will remain in effect until December 31, 2020, unless sooner terminated or extended. 14. TERMINATION. USCG and PAPD and CCSO agree to provide at least 30 days written notice of an intent to terminate. 15. CONTRACT NOT INTENDED. This MOA is an administrative agreement between the USCG and PAPD and CCSO to effect the purpose stated above. USCG and PAPD and CCSO do not intend for this MOA to create legal obligations of any kind. 16. NOT AN OBLIGATION OF FUNDS. This MOA is not an agreement by the United States, U.S. Department of Homeland Security, U.S. Coast Guard, the City of Port Angeles Police Department, or the Clallam County Sheriff's Office to obligate or expend any funds. 17. ANTIDEFICIENCY ACT. The CO of the Installation is authorized under 31 U.S.C. section 1342 to accept PAPD and CCSO services in an emergency involving an imminent threat to the safety of human life or the protection of property. 3 18. ROUTINE CRIMINAL LAW MATTERS NOT INCLUDED. This MOA does not pertain to routine interaction between the CO and the PAPD and/or CCSO, or non emergency CGIS interaction with PAPD and/or CCSO. 19. SEVERANCE. Nothing in this Agreement is intended to conflict with current law, regulations, or directives of the United States, U.S. Department of Homeland Security, U.S. Coast Guard, the City of Port Angeles Police Department, or the Clallam County Sheriff's Office. If a term of this Agreement is inconsistent with such authority, then the offending portion of that term shall be severable and of no legal effect, but the remaining portion of that provision and the remainder of the Agreement shall remain in full force and effect. 20. POINTS OF CONTACT. Points of contact are attached to this agreement as enclosure (2). Changes to enclosure (2) shall not require a new written agreement executed by the parties. 21. EFFECTIVE DATE. The terms of this Agreement will become effective on the date that the last party signs the Agreement. APPROVED BY: UNITED STATES COAST GUARD itz_ /J -OS 2010 R. A. Hahn Date Commander, U.S. Coast Guard Commanding Officer, Coast Guard Air Station Sector Field Office Port Angeles PORT ANGELES POLICE DEPARTMENT agher Chief of Police, Port Angeles Police Department Port Angeles, Washington CLALLAM COUNTY SHERIFF'S OFFICE 05 -acs /a Date k Y1AJ (6t William Benedict Date Sheriff, Clallam County Sheriff's Office Port Angeles, Washington 4 EMERGENCY POINTS OF CONTACT USCG Normal Duty Hours: Control Center 360 -417 -5840 USCG After Hours: _Seattle Dispatch 360 457 -4404 USCG D13 Staff Judge Advocate Duty Attorney (Seattle): 206 220 -7001 PAPD Normal Duty Hours: 911 PAPD After Hours: 911 CCSO Normal Duty Hours: 911 CCSO After Hours: 911 ROUTINE POINTS OF CONTACT USCG Richard A. Hahn Commanding Officer 360 417 -5803 PAPD Brian S. Smith. Denutv Chief of Police 360 -417- 4902/912 -0184 CCSO Ronald J. 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