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HomeMy WebLinkAbout000710 Original ContractCity of Port Angeles Record #000710 201.4 DISTRIBUTION AGREEMENT RELATING TO THE PARTICIPATING AGENCIES OF THE OLYMPIC PENINSULA NARCOCTICS ENFORCEMENT TEAM The OPNET policy board has agreed that each participating agency will provide a full time, dedicated investigator to the program and be responsible for the base salary and benefits for their employee. Participating agencies understand they are eligible to receive overtime funds for their employee that is assigned to the program for 2014. The participating agencies for this agreement are defined as the Port Angeles Police Department, the Clallam County Sheriff's Office, Sequim Police Department, Washington State Patrol, and the Jefferson County Sheriff's Office. In furtherance of this agreement, the following Is understood by the participating agencies: Beginning January 1, 2014, funds to pay up to $7,500 for overtime costs annually per agency for their investigator are reimbursed through a combination of the grant process and the drug fund balance. Washington State Patrol is under separate contract with Clallam County and has a different overtime ceiling. The overtime payments will be made from Clallam County to each of the participating law enforcement agencies upon receipt of a bill for overtime hours worked from that home agency. OPNET agrees to pay for each named agency's dedicated investigators overtime costs incurred while conducting OPNET cases up to $7,500 ($4,000 in the case of Jefferson County) during the calendar year ending December 31, 2014. While the WSP's ceiling is higher, the method of reimbursement is the same. These costs are for the agencies dedicated investigator only. Assistance from a participating department's officers or deputies that are not permanently assigned to OPNET will not be reimbursed for overtime costs unless funding is available. Overtime costs incurred by the participants must be billed to the Clallam County Sheriff's Office. Again, grant contract requirements involve a reimbursement process requiring prompt billing for funds to be available. Overtime billings received later than 60 days after the incurrence of the overtime are in danger of not being paid. Billings for overtime may be sent to: Clallam County Sheriff's Office Accounts Payable 223 E 4th St. Suite 12 Port Angeles WA 98362 The board recognizes that expenditures and revenue can vary and agrees to revisit this agreement at any point funding streams or expenditures change during 2014. This agreement is effective January 1, 2014 and may be terminated or altered by the advisory board to reflect changes in future grant funding. MelTetanpx_Me 0A ci/QAA0(9 N Chair ate /LO Date Inter local Multi-Jurisdictional Drug Task Force Agreement Olympic Peninsula Narcotics Enforcement Team (OPNET) This Inter local Agreement is made and entered into pursuant to the Provisions of RCW 39.34, between the City of Port Angeles, City of Sequim, Town of Forks, Clallam County, Washington State Patrol, Lower Elwha Clallam Tribe, La Push Tribe, Makah Tribe and Jamestown S'Klallain Tribe. Clallam County and its Sheriff's Office will be the applicant jurisdiction, and the following agencies are signed as participating agencies: 1. Port Angeles Police Department 2. Sequim Police Department 3. Forks Police Department 4. Clallam County Sheriff's Office 5. Clallam County Prosecutor's Office 6. Jefferson County Sheriffs Office 7. Jefferson County Prosecutor's Office 8. Port Townsend Police Department 9. Washington State Patrol 10. Lower Elwha Klallam Tribal Police Department 11. La Push Tribal Police Department 12. Makah Tribal Police Department 13. Jamestown S'Klallam Tribe 14. United States Coast Guard 15, Washington State Department of Fish and Wildlife 16. Immigration and Customs Enforcement PURPOSE: The purpose of the multi-jurisdictional drug task force is to: provide a coordinated and concentrated effort, to create efficiencies, and to improve effectiveness, as related to criminal investigations and prosecutions of violations of the Uniform Controlled Substance Act (RCW 69.32.40 and 69.50) and other major criminal incidents, that have a direct nexus to Clallam and Jefferson Counties and their cities, towns and tribal reservations. And to: 1. Authorize their respective representatives to execute any and all necessary documents to obtain grant funds available pursuant to the State and Local Law Enforcement Assistant Act for the purpose of establishing a multi-jurisdictional Task Force; 2. Authorize personnel from their respective jurisdictions to participate in the activities of the Task Force according to the work plan established in the application for grant funds; and Revised 5/3/05 • Authorize personnel from the law enforcement agencies of their respective jurisdictions to enter into operation agreements, such as those pursuant to RCW 10.93, if not already established, to enable these agencies to participate in multi-jurisdictional Task Forces. RECITALS: 1. The high level of illegal sales and use of controlled substances in the Counties of Clallam and Jefferson, the Cities of Port Angeles, Sequim, Forks, and the tribal reservations located therein or nearby, has had increasingly serious and adverse effect on the residents and quality of life in these jurisdictions. 2. These jurisdictions have in recent years found it individually necessary to spend even greater resources in fighting the problems caused by the illegal sales and use of controlled substances. • 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: ORGANIZATION: The Clallam County Sheriffs Office (CCSO), the Port Angeles Police Department, the Sequim Police Department, and the Lower Elwha Klallam Tribal Police Department each agree to assign one full-time commissioned police officer/investigator/supervisor or more to the OPNET; the Clallam County Prosecuting Attorney agrees to assign a half time deputy prosecuting attorney and the listed organizations agree a half time support person shall bc provided; in compliance with the annual Washington State Department of Community, Trade and Economic Development (CTED) JAG Grant Application. The law enforcement officers will be co-located. CONTEMPLATED UNIT TASKS: The Task Force's contemplated tasks are investigations centering around narcotics trafficking and manufacturing to impact all levels of dealer, where possible, with the primary focus on mid and upper level dealers. UNIT OBJECTIVE: This section identifies specific targeted objectives to be met by the Task Force. 1. Identify, arrest, and assist in the prosecution of drug dealers. 2. Identify and seize marijuana grow operations. 3 Intercept illegal drug supplies in transit to or through Clallam and Jefferson Counties. Revised 5/3/05 2 4. Identify and eliminate clandestine drug laboratories. 5. Seize assets and restrict use of structures known to be used by drug dealers and manufacturers. 6. Impact drug trafficking organizations previously untouched. DURATION: This Agreement shall commence on the day and year it is executed by the respective representatives and, shall remain effect until the Task Force is terminated (see Withdrawal From Agreement). This Agreement shall supersede in full all prior Agreements heretofore adopted by the parties relevant to the formation and operation of a multi-jurisdictional Drug Task Force. FINANCING: Each respective jurisdiction assures that the financial resources provided by jurisdictions do not supplant or replace currently appropriated resources. The Executive Board Chairperson shall be responsible for account of Task Force expenditures. The Task force budget will be established by the grant that is received annually and approved by the Executive Board. The Executive Board Chairman shall be responsible for the accounting of Task Force Expenditures. All cash seizures will go to the Clallam County Interlocal Drug Fund to be made available to the Task Force for continuing drug investigative use. PROPERTY AND EQUIPMENT: 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. 2. 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. . Upon dissolution of OPNET, all property provided to OPNET by the participating agencies and forfeited property, other than money, remaining in OPNET's possession Revised 5/3/05 3 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. 4. 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 69.50.505(f). 5. 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. HANDLING OF FUNDS: 1. 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. 2. 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. 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 69.50.505(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 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. 4. 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. 5. Assets acquired by the Task Force will stay with the Task Force in accordance with RCW 69.50.505, Seizures and Forfeitures. Revised 5/3/05 4 ADMINISTRATION: The County of Clallam is the applicant jurisdiction. The applicant jurisdiction agrees to provide the necessary documentation to receive grant funds and ensure that the provisions of the application as attached, which is the basis for which any grant is awarded, are met. The participating jurisdictions will arbitrate among themselves any dispute arising under this Agreement. Any disagreement or disputes concerning property disposition, resources, or any problems that cannot be resolved between the agencies shall be put in writing by the complaining agency and forwarded to the Executive Board Chairperson. The Chairperson will contact the other agency(ies) in the dispute and allow that agency(ies) to offer a written rebuttal. Upon receiving both written documents of dispute, the Chairperson shall submit them to the Executive Board at the next meeting for arbitration. The Executive Board will issue a ruling in writing to both/all agencies as to their decision, which will be binding on both/all agencies. The Task Force Commander shall act as principal liaison and facilitator between the Executive Board and the Task Force and shall be responsible for keeping the Executive Board informed on all matters relating to the function, expenditures, accomplishments and problems of the Task Force, including managing the budget, overseeing personnel issues, maintaining relations between the Task Force and the participating agencies, and other matters as delegated by the Executive Board. No joint oversight or administrative board is created hereby. In particular, it is not the intent of the parties to create a separate legal entity by virtue of entering into this Agreement. The parties recognize and acknowledge that the Task Force is not a legal entity subject to legal process. Notwithstanding the foregoing, the parties further recognize that it will be necessary for personnel assigned to the Task Force to maintain in a secure environment, appropriate to the circumstances, all documents and records developed, received, or maintained by personnel assigned to the Task Force. In accordance with the purposes of the Public Records Act, Chapter 42.17 RCW, the parties to this Agreement designate the Task Force Commander as their agent for the sole purpose of receiving and responding to request for public records. The parties to this Agreement shall forward to the Task Force Commander all such requests for public records in a timely manner, so as to allow a response to the requestor of such records within five business days of receipt of such request, all as set forth in RCW 42.17.320. Clallam County shall provide legal review of such requests, and advise to the Task Force Commander on matters pertaining to the Public Records Act. BOARD OF DIRECTORS AND ORGANIZATION: Overall governance of the Task Force's operations, including the setting of investigative priorities and general operating procedures, will be vested in an Executive Board, comprised of an appropriate representative from each participating law enforcement agency within Clallam and Jefferson Counties that have full time personnel assigned to OPNET, the Washington State Patrol and the Clallam and Jefferson County Prosecutor's Office. Each member of the Executive Board shall have an equal vote in the conduct of its business. One member will be elected by the members as the Chairperson and will remain in that capacity for one Revised 5/3/05 year. The Chairperson shall be responsible for keeping parties to this Inter local Agreement informed on all matters relating to the functions, expenditures, accomplishments, and problems of the Task Force. If the Task Force continues in existence, a new election will occur each year. The Executive Board will convene at least quarterly to review the Task Force's activities. The Chairperson may call extra sessions, as necessary. When the Board votes on any matter, a majority shall be required for passage. In emergency situations, the Chairperson may conduct a telephone poll of the Executive Board members to resolve an issue. Under the direction of the Executive Board, the Task Force Commander shall act as principal liaison and facilitator between the Executive Board and the Task Force. The Task Force Commander shall be responsible for keeping the Executive Board informed on all matters relating the function, expenditures, accomplishments, and problems of the Task Force. All persons assigned to the Task Force shall work under the immediate supervision and direction of the Task Force Supervisor, who shall be selected by the Task Force Commander, subject to approval of the Executive Board. All persons assigned to the Task Force shall adhere to the rules and regulations as set forth in the Task Force's Policy and Procedure Manual, as well as their individual departmental rules, policies and procedures. For the purpose of indemnification of participating jurisdictions against any losses, damages or liabilities arising out of the services and activities of the Task Force, the personnel so assigned by any jurisdiction shall be deemed to be continuing under his/her employment by that assigning jurisdiction and its Police Department (see Commissions). Each agency contributing staffing to the Task Force will continue that employee as an employee of the contributing agency and such contributing agency will be solely responsible for that employee. Any duly sworn peace officer, while assigned to duty with the Task Force as herein provided and working at the direction of the Executive Board, its Chairperson, Task Force Commander, and the Task Force Supervisor, shall have the same powers, duties, privileges and immunities as are conferred upon him/her as a peace officer in his/her own jurisdiction as applied to the duties under the Task Force. CLANDESTINE LABORATORY RESPONSE: With the increase of clandestine laboratories and the hazardous substances associated with them in Clallam and Jefferson Counties, there is a need to be prepared for response and the handling of these types of cases in the most efficient and safe manner possible. The scope of clandestine laboratory investigations by the Task Force is limited to their specific training and experience. The Task Force will comply with all applicable federal and state laws and regulations required in these investigations and will work in a partnership with fully-established laboratory teams when investigating clandestine laboratories. The Task Force will perform a support role with fully-qualified clandestine laboratory teams when handling clandestine laboratories. Revised 5/3/05 6 There will be no further expansion of the role of the Task Force to become a Full Clandestine Laboratory response team without the express approval of the Executive Board. ACQUISITION AND USE OF EQUIPMENT: In the event that any equipment is acquired with grant funds received from the Department of Community, Trade and Economic Development, the participating jurisdictions agree to use the equipment only for specified program purposes during the life of the grant. After the grant period ends, the participating jurisdictions agree to use the equipment only for approved law enforcement purposes and to devise a process for disposition that meets federal requirements, should the Task Force operation end. The furniture purchased with the initial outlay of grant funds shall be retained by the applicant agency after the term for the grant expires. They shall use the equipment only for approved law enforcement purposes and will dispose of it through a program that meets federal requirements. INTEGRATION: This Agreement contains all the terms and conditions agreed upon by the parties, including necessary operational agreements between the law enforcement agencies of the respective jurisdictions, if any. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties. DEFINITIONS: The following terms shall have the following meanings, unless the context indicates otherwise: 1. Assisting Agency — Any or all police agencies contacted for mutual aid by the primarily responsible agency. 2. Task Force — The consortium of officers from the law enforcement agencies that are responsible for carrying out the terms of the grant and drug investigations. 3 Mobilization — To organize or put into readiness for active law enforcement services. 4. Mutual Aid — Aid or assistance in which tow or more agencies agree to perform in common. 5. Applicant Jurisdiction — The primary agency (in this case, Clallam County) that is responsible for administering the Department of Community, Trade and Economic Development grant. 6. Participating Jurisdiction — Agencies agreeing to participate in the grant with Clallam County and Clallam County Sheriff's Office as an assisting agency. Revised 5/3/05 7 7. Primarily Responsible Agency — The law enforcement agency within whose local geographical jurisdiction a drug investigation is taking place. 8. Signatory Agency — Agencies agreeing to aid the Task Force and who signed the Mutual Aid and Interlocal Agreements. INTELLIGENCE GATHERING AND COLLATION: Each participating agency, as well as the applicant agency, will use the standardized "incident report sheet" to gather intelligence to be used for targeting Task Force attention. The forms, and all other intelligence, will be forwarded to the Task Force headquarters where it will be entered and filed for use of all participating agencies. USE OF RESOURCES: It is the intent that the Task Force be utilized to its fullest potential in combating the drug problem in the Clallam and Jefferson County areas. Operations of the Task Force shall be in full cooperation and coordination with the local jurisdictions in which the investigations are taking place. In all cases, the local agencies will be kept apprised of the status of the cases within their jurisdiction. In the event of a drug operation occurring within Clallam or Jefferson Counties, the first law enforcement resources to be used after those of the Task Force shall be those of the participating jurisdiction within whose area the operation is taking place. In the event that these additional resources are inadequate to control the situation, a request for mutual aid under this plan will be made directly to an assisting agency by the primarily responsible agency's supervisor in conjunction with the Task Force Supervisor. Such requests for assistance shall, if possible, specify the number of police officers and types of equipment required, and shall further specify where and to whom the equipment should be delivered. In all cases, the Task Force shall endeavor to work closely with the jurisdictions in whose areas the investigations are taking place in regards to staffing and resources. RESOURCE LIST: The parties to this Agreement shall provide the names, addresses, and phone numbers of its staff who have the authority to commit or request staffing and/or equipment to any mobilization effort. PRESS RELEASE: All agencies participating in this Agreement will make all press releases through the Task Force Commander, or jointly, if requested by the primarily responsible agency. ARREST POLICIES: Arrest policies will be determined by mutual agreement of the agencies. Revised 5/3/05 8 TRANSPORTATION OF PRISONERS: Transportation of prisoners to the Clallam County or Jefferson County Correctional Facilities will be coordinated by the supervising officer in charge of the incident. REPLACEMENT OF SUPPLIES: In the event of sudden call-outs for assistance, the primarily responsible agency should be responsible for supplying and/or replacing supplies needed and/or used by officers from assisting jurisdictions, whenever possible. These supplies include food, gas for police vehicles, or any other supplies that are reasonably needed to sustain the officers in enforcing the law. Each agency will be responsible for any repairs and/or damages done to their own vehicles as a result of participation in mutual aid. SALARIES AND OVERTIME PAY: The primarily responsible agency will not be responsible for salaries or overtime pay for officers from assisting agencies. INSURANCE COVERAGE: Each agency shall carry, for the duration of this Agreement, obtain and keep in force general liability, property damage and false arrest insurance with the following minimums: General Liability $1,000,000 Property Damage $1,000,000 False Arrest $ 500,000 This insurance policy shall have a ten-day cancellation notice in the event of termination or material modification of coverage. In the altemative, any agency may satisfy the requirements of this section by remaining a participant in a self-insurance pool with protection equal to or greater than that specified herein. In lieu of the foregoing, a member agency may participate in a shared risk pool or self-insurance program, which provides coverages that equal or exceed those set forth above. INDEMNIFICATION: 1. Indemnification. Each party shall indemnify, defend, and hold harmless the other parties to this Agreement from any and all claims, demands, damages, lawsuits, liabilities, losses, liens, and expenses and costs arising out of the subject matter of this Agreement; provided that this provision shall not apply to the extent that damage or injury results from the fault of the indemnified party. The term "fault" as used herein shall have the same meaning as set forth in RCW 4.22.015, as that statute may hereinafter be amended. It is the intent of the parties that by entering into this Agreement, each party shall only be responsible for the actions of its own employees. Each party specifically assumes Revised 5/3/05 9 potential liability for actions brought by that party's own employees against the other parties to this Agreement and, solely for the purpose of this indemnification and defense, each party specifically waives any immunity under the State Industrial Insurance Law, RCW 51, for claims brought against other parties. This provision is not intended to create or vest any rights in any third party. 2. Notice. Each party shall give written notice of any act or occurrence that the party reasonably believes may lead to a claim or demand, which may be subjcct to the indemnity provisions of this agreement. Such notice shall be given within 5 days after the incidence of such act or occurrence has come to the notifying party's knowledge. Each party shall indemnify its employees in accordance with applicable law, and in accordance with applicable provisions of that party's collective bargaining agreement. It is further mutually agreed by the participating agencies that any control exerted by the Task Force Commander and Task Force Supervisor shall not supersede this clause. DEFENSE FROM THIRD PARTY CLAIMS: The parties to this Agreement have concluded that they have certain common interests in connection with defending against any lawsuit brought against the parties. Accordingly, the parties hereby agree to the following provisions, constituting a Joint Defense Privilege and Confidentiality Agreement. In the event a claim should be brought or an action filed with respect to the subject matter of this Agreement, the parties agree that they shall cooperate in the defense of such lawsuit or claim as follows: Joint Defense. The parties to this Agreement have concluded that they have certain common interests in connection with defending against (1) any lawsuit alleging negligence by any party to this Agreement based upon actions taken by that party in conformance with this Agreement; or (2) any lawsuit alleging negligence against a single party, and any other party to this Agreement is served as a third party defendant. 2. The parties have concluded that, from time to time, their mutual interests will be best served by having their respective counsel share documents, oral representations, factual material, mental impressions, memoranda, witness statements, interview reports, and other information, including the confidences of the parties (hereinafter "joint defense materials"), on the understanding and agreement that: (a) joint defense materials transmitted among counsel may contain confidential and privileged attorney-client communications; (b) joint defense materials transmitted among counsel may contain attorney work product similarly privileged: and (c) joint defense materials transmitted among counsel may contain materials protected by otherwise applicable privileges and rules of confidentiality. • From time to time, counsel for the parties may exchange joint defense materials in mutual understanding that such exchanges or disclosures are not intended to diminish in any way the confidentiality of such materials. It is the additional understanding of the parties that exchanges pursuant to this Agreement of joint defense materials that are Revised 5/3/05 10 otherwise protected against disclosure as a result of the attorney-client privilege, the attorney work product protection, and other applicable privileges and rules of confidentiality will not waive any applicable privilege or protection from disclosure. 4. The parties further agree that neither they nor their counsel will fiimish or disclose joint defense materials received from each other, or the contents thereof, to anyone except attorneys, legal assistants, and other employees within the law firms representing the parties, without first obtaining the consent of counsel for all parties who may be entitled to claim any privileges with respect to such materials. 5. Joint defense materials that are shared pursuant to this Agreement, and the information contained therein, are to be used solely by counsel in the preparation of defenses and, if applicable, counterclaims on behalf of their clients in the above-mentioned matters. Neither the joint defense materials nor the information contained therein may be used for any other purpose and may not be disclosed without the express written consent of counsel for the parties. 6. The parties further agree that the existence of this Agreement and its contents are joint defense materials within the meaning of this Agreement. Thus, the existence and contents of this Agreement shall be kept confidential and protected by the terms and conditions of the Agreement itself, subject to applicable laws goveming the disclosure of public records. 7. If another person or entity requests or demands, by subpoena or otherwise, any joint defense materials, counsel will immediately notify counsel for the party that provided the materials. All steps will be taken to permit the assertion of all applicable rights and privileges with regard to the joint defense materials, and the party receiving such requests or demands shall cooperate with the party providing the materials in the assertion of such rights and privileges. No joint defense materials shall be tendered to any person or entity not a party to this Agreement without either (a) the consent of all parties to this Agreement, or (b) a lawful order of a court of competent jurisdiction which the party who furnished the information has declined to appeal. 8. Provided that no use or disclosure is made of information contained in joint defense materials, nothing in this Agreement shall preclude counsel for any party from (a) pursuing independently any subject matter, including subjects reflected in joint defense materials, or (b) disclosing to a third party, at counsel's discretion, information which is developed independently of confidential information supplied to such counsel pursuant to this Agreement. 9. It is further agreed that the confidentiality prescribed above will remain operative as to all previously furnished information if adversity should subsequently arise between the parties (or any of them), irrespective of any claim that the joint defense privilege may become prospectively inoperative by virtue of such claimed adversity. Upon the development of adversity between the parties, all written joint defense materials or other materials incorporating information contained in such joint defense materials shall be Revised 5/3/05 11 returned immediately upon demand to counsel for the party that provided the written materials, or in lieu thereof, a written statement may be supplied to counsel for the providing party that such writings and recordings and copies have been destroyed. 10. Subject to the restrictions contained herein on disclosure of joint defense materials, nothing herein shall waive or limit the right of any party hereto to assert any present or future claim for relief or any cause of action against any other party hereto now or in the future. 11. Each party understands that it is represented only by its own attorney in this matter; that while the attorneys representing the other members have a duty to preserve the confidences disclosed to them pursuant to this Agreement, they will not be acting as its attorney in this matter; and the attorney representing the other party will owe a duty of loyalty only to his/her own respective clients. 12. NOTHING HEREIN SHALL REQUIRE OR BE INTERPRETED TO: A. Waive any defense arising out of RCW Title 51 that is consistent with the provisions of subsection "3,"above. B. C. Limit or restrict the ability of any agency or employee to exercise any right, defense or remedy which a party to a lawsuit may have with respect to claims of third parties, including, but not limited to, any good faith attempts to seek dismissal of legal claims against a party by any proper means allowed under the civil rules in either state or federal court. Cover or apportion or require proportionate payment of any judgment against any individual or agency for intentionally wrongful conduct outside the scope of employment of any individual or for any judgment for punitive damages against any individual or Agency. Payment of punitive damage awards shall be the sole responsibility of the individual against whom said judgment is rendered and/or his/her municipal employer, should that employer elect to make said payment voluntarily. This agreement does not require pro rata sharing of any punitive damage awards. D. Pre-Existing Claims of Lawsuits. For purposes of claims or lawsuits which predate this agreement or the occurrence which gave rise to said claim or lawsuit predates this agreement, it is the intention of the parties that those claims and lawsuits be handled, processed and paid as though the terms of this agreement were in full force and effect at the time of the occurrence which gave rise to the claim or lawsuit. E. Revised 5/3/05 Insurance Coverage. The Agencies shall, to the best of their ability, coordinate their liability insurance coverages and/or self-insured coverages to the extent possible to fully implement and follow the agreement set forth herein. However, the consent of any liability insurance carrier or self-insured 12 pool or organization is not required to make this Agreement effective as between the member agencies signing this Agreement and the failure of any insurance carrier or self-insured pooling organization to agree or follow the terms of this provision on liability shall not relieve any individual agency from its obligations under this Agreement. INJURY COVERAGES FOR OFFICERS: Whenever any commissioned officer of a signatory agency, acting pursuant to this Agreement, is injured and thus unable to perform his/her duties by reason of engaging in mutual aid, but is not at the time acting under the immediate direction of his/her employer, the officer or his/her dependents shall be accorded by his/her employer the same benefits which he/she or they would have received had that officer been acting under the immediate direction of his/her employer in her/her own jurisdiction. COMMISSIONS: Full-time, paid, commissioned officers who are responding to any call for mutual aid shall be automatically commissioned by virtue of this Agreement, through the commissioning authority of the primarily responsible agency and, therefore, shall be empowered to exercise the same police authority during the time of the mutual aid as though they were full-time commissioned officers of the primarily responsible agency. This provision shall apply whether the mutual aid request is of: A formal nature between department heads; 2. A less formal nature through agreement of watch commanders or shift supervisors; or, When officers of one jurisdiction cross jurisdiction boundaries to aid or assist the officers of another jurisdiction signatory to this Agreement. RESERVE OFFICER COMMISSIONS: If signatory agencies have reserve officers or part-time officers in addition to full-time, paid, commissioned officers, they shall normally be exempt from the automatic commissioning as outlined above in Defense From Third Party Claims, except those reserve officers working under the immediate supervision of a full-time commissioned officer. Reserve or part-time officers may be extended automatic commissioning at the direction of the department head who requests mutual aid; PROVIDED, HOWEVER, that such determination should be worked out in advance among the heads of the signatory agencies. TRUSTEE: The applicant agency, as the base of Task Force operations and records, shall hold in trust all seized property on behalf of the Task Force, and shall have the authority, upon approval of the Executive Board, to sell, auction, or otherwise dispose of seized property. Revised 5/3/05 13 All property seized by the Task Force or on behalf of the Task Force shall be stored under the care of the Task Force. All property forfeited by the court or hearing examiner shall become the property of the Task Force. All seized cash or property converted to cash shall be deposited into the Clallam County Drug Fund. An inventory shall be maintained by the Task Force Commander indicating the nature, disposition, and location of all Task Force assets. MOBILIZATION PLAN: Each signatory agency should develop and maintain a current plan for the mobilization of its manpower and other resources in order to effectively provide mutual aid to the other signatory agencies. WITHDRAWAL FROM AGREEMENT: Any signatory agency may withdraw from this Agreement for any reason after sending written notice of its intentions to withdraw and when a period of thirty (30) days elapsed, or immediately upon written notification that said agency is unable to sustain the required funding. Said notification is to be made by registered letter to the other signatory agencies at their normal business addresses. Withdrawal of non-execution of this Agreement by any one agency shall not affect the continued efficacy of the Agreement with regard to other signatory agencies. GOVERNING LAW AND VENUE: This Agreement has been and shall be construed to have been made and delivered in the State of Washington, and it is mutually understood and agreed by each party hereto that this Agreement shall be governed by the laws of the State of Washington, both as to interpretation and performance. Any action in lawsuit inequity or judicial proceedings for the enforcement of this Agreement or any provisions thereof, shall be instituted and maintained only in courts of competent jurisdiction in Clallam or Jefferson Counties. MODIFICATION: No changes or modification to this Agreement shall be valid or binding upon parties to this Agreement unless such changes or modifications are in writing and executed by all parties. SEVERABILITY: It is understood and agreed to by the parties hereto that if any part of this contract is illegal, the validity of the remaining provision shall not be affected and the rights and obligations of the parties shall be construed as if the Agreement did not contain the particular illegal part. It if should appear that any provision herein is in conflict with any statutory provisions of the State of Washington, said Revised 5/3/05 14 provision shall be deemed inoperative and null and void insofar as it may be in conflict therewith, and shall be modified to conform to such statutory provisions. WAIVER: Waiver of any breach or condition of this Agreement shall not be deemed a waiver of any prior or subsequent breach. No terms or conditions of this Agreement shall be held to be waived, modified or deleted except by an instrument in writing, signed by all parties hereto. NONDISCRIMINATION: The signatory agencies shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The agencies shall take affirmative action to ensure that applicants are considered for employment and treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: upgrading, demotions or transfers; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; selection for training, including apprenticeship; and participation in recreational and educational activities. The agencies agree to post, in conspicuous places available to employees and applicants for employment, notices identical to those used setting forth provisions of this nondiscrimination clause. In all solicitations or advertisement for employees placed by them or on their behalf, the agencies shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. CONCLUSION: Law enforcement agencies are faced with the responsibility of narcotics investigations and decreasing resources. Nation-wide, multi-agency Task Forces have proven their ability to make significant impacts on crime. Such units are an extremely efficient use of law enforcement funding. The cost effectiveness of this Task Force for Clallam and Jefferson County resources is enhanced by the participation of the Jefferson and Clallam County Prosecutor's Office and local tribal communities. This integrated law enforcement approach to narcotics investigations have been proven throughout the country as a positive approach to combating the increasing lawlessness that surrounds narcotics within our society. SUPERSEDURE: This document supersedes all previous "Multi-jurisdictional Task Force Interlocal Agreements" signed by the listed participating jurisdictions. HEADINGS: The headings to the paragraphs of this Agreement are solely for the convenience of the parties and are not an aid in the interpretation of the instrument. Revised 5/3/05 15 LOWER ELWHA TRIBAL COMMUNITY/JURISDICTIONAL UNDERSTANDING: See Attachment A IN WITNESS WHEREOF, the parties hereby execute this Agreement on this day of 2007. Revised 5/3/05 16 ATTACHMENT A JUR1SDITIONAL UNDERSTANDING Because the participation by the Lower Elwha Klallam, Quileute, Makah, and Jamestown S'Klallam Tribes on the Narcotics Enforcement Multi-Jurisdictional Task Force is desirable and necessary to effectively reduce drug trafficking throughout Clallam and Jefferson Counties, the Lower Elwha, Quileute, Makah, and Jamestown S'Klallam Tribe signs this Inter local Agreement subject to the understanding of the parties hereto, that the exercise of criminal jurisdiction within the exterior boundaries of the reservations is subject to and limited by Public Law 83-280 (RCW 37.12.010 et seq.). Accordingly, crimes committed on the reservations are not necessarily subject to State Law, but may be, depending on the particular crime, the Native American status of the perpetrator and the victim, and the situs of the criminal act, within the exclusive jurisdiction of the Federal Government and/or the tribal community. Frances Charles, Tribal Chairman Lower Elwha Klallam Tribe Ron Allen, Tribal Chairman Jamestown S'Klallam Tribe Tribal Chairman Quileute Tribe Tribal Chairman Makah Tribe SUBSRIVED AND SWORN to before me this day of 2007. Notary Public in and for the State of Washington, residing at My Commission expires Revised 5/3/05 17 PARTICIPATING AGENCIES AND CONCEPT AGREEMENT Signature of authorized officials of the participating agencies. The undersigned agree to participate in the activities of the Task Force as described in this application. Port Angeles Police Department DATE 2. Sequim Police Department 2- 07 DATE 3. Forks Police Department DATE 4. Clallam County Sheriff s Office DATE Terry Gallagher, Acting Chief of Police E 5. Clallam County Prosecutor's Office DATE 6. Jefferson County Sheriff's Office DATE OPNET Interlocal Agreement 01/06/07 Page 18 of 20 Robert Spinks, Chief of Police NAME/TITLE SIGNATURE Mike Powell, Chief of Police NAME/TITLE 16.04a SIGNATURE William L. Benedict, Sheriff NAME/TITLE Deborah Kelly, Prosecutor NAME ITLE DATE 8. Port Townsend Police Department SIGNATURE ule.L.eDalzell Pr.seeu ir ITI A0119; SIGNA URE id07 Comer Daily, Chief of Police DATE NAME/TITLE 9. Washington State Patrol DATE 10. Lower Elwha Klallam Tribe Batiste, Chief SIGNATURE NAME/TITLE SIGNATURE Rod Charles, Chief DATE NAME/TITLE 11. La Push Tribal Police Department SIGNATURE DATE NAME/TITLE 12. Makah Tribal Police Department Name of Chief Name of Chief DATE NAME/TITLE 13. Jamestown S'Klallam Tribe _ SIGNATURE Ron Allen, Tribal Chairman DATE NAME/TITLE 14. United States Coast Guard Revised 5/3/05 SIGNATURE Commandant Name DATE NAME/TITLE 19 15. Washington State Department Of Fish and Wildlife DATE 16. Immigration and Customs WDFW CHIEF SIGNATURE NAME/TITLE Enforcement SIGNATURE Revised 5/3/05 ICE DIRECTOR'S NAME DATE NAME/TITLE 20 ADDENDUM A-1 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. allagher Acting Chief of Port Angeles Police Department '6 -4 Date ADDENDUM A-2 Agreement with Sequim Police Dept. Clallam County, through the OPNET Fund, agrees to reimburse the City of Sequim, on a quarterly basis, a total of $30,000 a year for the assignment of a full time commissioned police officer/investigator to the unit. All costs for the Sequim 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 Sequim Police Department, on a monthly basis, for overtime costs incurred by a detective that is assigned to the OPNET program. In any instance where the Sequim Police Officer is called to return to assist their home agency for an extended period on matters not related to OPNET, Sequim 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. Chief Robert Spinks Date Sequim Police Department