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HomeMy WebLinkAbout000795 Original ContractCity of Port Angeles Record # 000795 M Flu General Agreement hi Between the National Park Service and the Port Angeles Police Department Article I - Background and Objectives This agreement is entered into by and between the National Park Service (hereinafter NPS), United States Department of the Interior, acting through the Superintendent of Olympic National Park and City of Port Angeles, Acting through the Chief of Police (hereinafter the CITY) . The purpose of this agreement is to establish the terms and conditions under which the parties will provide mutual law enforcement assistance in and near Olympic National Park. Whereas the Secretary of the Interior, acting through the NPS, administers Olympic National Park as a unit of the national park system in accordance with "An Act Establishing Olympic National Park of 1938" and Title 16 U.S. Code, Section 21, and the laws applicable generally to units of the national park system; and Whereas, Olympic National Park is an area of exclusive Federal Jurisdiction, and Whereas, 16 U.S.C. § la -6(b) authorizes the Secretary of the Interior to "designate . . . certain officers or employees of the Department of the Interior who shall maintain law and order and protect persons and property within areas of the National Park System"; and Whereas, under 16 U.S.C. § 1a-6(b)the NPS has the authority, jurisdiction, and responsibility to detect, investigate, and apprehend persons violating the criminal laws of the United States, and to provide law enforcement and emergency services inside Olympic National Park, and NPS law enforcement officers have the authority to make arrests for any misdemeanor committed in their presence or cognizable felony, and have authority to make arrests outside the system when "the person to be arrested is fleeing therefore to avoid arrest", and authorized National Park Service officers can "execute any warrant or process issued by any court or officer of competent jurisdiction and for the enforcement of the provisions of any Federal law or regulation issued pursuant to law arising out of an offense committed within that system"; and Whereas, 16 U.S.C. § 1b(1) authorizes the Secretary of the Interior to render "emergency rescue, fire fighting, and cooperative assistance to nearby law enforcement and fire prevention agencies, and for related purposes outside of the National Park System"; and Whereas the Revised Code of Washington (RCW) 10.93.070 authorizes Chief of Police and duly sworn officers appointed by the Port Angles Police Department as defined under RCW 10 to enforce the laws of the State of Washington and ordinances duly enacted by the Port Angeles City Council within the City and ordinances enacted by the Clallam County Commission and state laws outside the CITY and within the County when authorized by the Sheriff (herein referred to as the COUNTY); and Whereas, under Revised Code of Washington (RCW), 35A.21.160. 35.23.161 10.93.070 and 10.93.090, the Chief of Police is authorized to appoint designated National Park Service Special Agents and U.S. Park Rangers (NPS law enforcement officers) as a peace officer for the purpose of enforcing state law and CITY ordinances outside Olympic National Park and within the City of Port Angeles; and Whereas the CITY of Port Angeles Police Department has appointed certain federally commissioned Special Agents and U.S. Park Rangers (NPS law enforcement officers) employed at Olympic National Park as deputies for purposes of enforcing state law and CITY ordinances in response to certain emergency situations outside of Olympic National Park and within the City of Port Angeles; and Whereas, under 16 U.S.C. § 1a -6(c)(1) the Secretary of the Interior through the Park Superintendent is authorized to designate officers and employees of other Federal, state, or other political subdivision as "special policeman" to supplement the law enforcement responsibilities of the NPS when supplemental law enforcement may be needed; and Whereas the Olympic National Park Superintendent has appointed certain members of the Port Angeles Police Department as special policeman for the purposes of enforcing the criminal laws of the United States in response to certain emergency situations inside Olympic National Park:, and Whereas, criminal activity on a regional, statewide, and national level affects the quality of life in Olympic National Park, and NPS law enforcement officers are sometimes called to investigate criminal violations that originate inside the park but may lead to suspects, evidence, and investigative leads outside the park boundary, and the CITY officers are sometimes called to investigate criminal violations that originate inside CITY but may lead to suspects, evidence, and investigative leads that are now inside Olympic National Park; and Whereas, both the NPS and the CITY have the personnel, equipment, and skills suited to the task of managing law enforcement incidents and providing emergency services in their respective areas; and Whereas, in certain emergency instances by pooling the resources of the NPS and the CITY in mutual assistance, the combined strengths and efforts of these two agencies will provide more effective law enforcement and search and rescue efforts, and a safer environment for officers of both agencies and the general public; and Now, therefore, the parties agree as follows: Article II - Statement of Work A. "Out -of -park Emergency Law Enforcement Assistance". Pursuant to 16 U.S. Code, subsection 1b (1): In the event of an emergency, and subject to availability of resources, NPS law enforcement officers may take immediate action on land inside or outside the Olympic National Park that is subject to CITY jurisdiction. An emergency is generally some sort of unexpected occurrence that requires immediate action and may include on or more of the following: a. Emergency responses to life threatening incidents, serious injury/fatality accidents/ incident scenes, crimes 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 NPS law enforcement personnel; d. Misdemeanors committed in the presence of NPS law enforcement personnel that present an immediate threat to the health and safety of the public. 2. Upon receiving an official request from the CITY, the NPS shall render emergency law enforcement assistance (in those situations described in provision II.A.1 above) to the CITY whenever possible. The CITY shall direct such requests to the NPS Chief Ranger via the NPS Communications Center or PENCOM. The Chief Ranger or his/her designee must approve all such requests before any NPS law enforcement officers may render emergency assistance. Both the NPS and the CITY have in advance requested the immediate assistance of the other agency in emergency situations where the respective agency has officers who are in the closest proximity to the emergency. 3. The NPS may render emergency law enforcement assistance in those situations where a properly appointed NPS law enforcement officer, while in the course of his/her official duties, observes a nearby emergency situation (as defined in provision II.A.1 above), at which time the NPS law enforcement officer may secure and manage the scene prior to the arrival of a CITY officer. The NPS shall immediately notify the CITY of the emergency. Upon arrival of the first CITY officer on the scene, the NPS law enforcement officer shall relinquish control; however, upon request the NPS law enforcement officer may continue to assist the CITY officer (s). 4. The NPS shall render assistance only until such time as the CITY has enough resources on the scene to adequately control the emergency or until the emergency no longer exists, whichever comes first. 5. The on -scene commanding officer of the CITY shall be in command of all officers, including NPS law enforcement officers who are rendering emergency assistance; provided that the CITY on -scene commander shall exercise command of NPS law enforcement officers only through the highest ranking NPS law enforcement officer at the scene, which individual shall be identified by the NPS. 6. The NPS Chief Ranger or his/her designee may decide at any time to withdraw emergency law enforcement assistance. 7. Except in events where such circumstances are unavoidable, only NPS law enforcement officers who have been properly appointed as special police offices or CLALLAM COUNTY deputies will render emergency law enforcement assistance. The CITY or CLALLAM COUNTY shall provide appropriate credentials to all such law enforcement officers. 8. NPS law enforcement officers rendering emergency assistance to the CITY pursuant to this agreement shall wear the official NPS uniform or, if approved by the NPS Chief Ranger or his/her designee, plain clothes; NPS law enforcement officers shall remain under the authority and control of NPS supervisors; shall be subject to the laws, regulations, and policies of the NPS and of the United States; and shall not receive any monetary compensation from any source other than the NPS. 9. NPS law enforcement officers rendering emergency assistance to the CITY pursuant to this agreement shall be deemed to be acting within the scope of their federal employment. Under no circumstances shall NPS law enforcement rangers be deemed to be borrowed servants of the CITY. The Port Angeles Chief of Police has appointed certain federally commissioned NPS law enforcement officers employed at Olympic National Park as specially commissioned officers for purposes of enforcing state law and CITY ordinances in response to certain emergency situations outside of Olympic National Park and within Port Angeles. NPS law enforcement officers who have been specifically commissioned by the Clallam County Sheriff are considered to have been officers properly appointed by the Chief of Police. B. "Inside -Park Law Enforcement Assistance Pursuant to 16 U.S.C. § la -6(c)(1), the CITY agrees, subject to resource or other constraints, to cooperate when the NPS deems it economical and in the public interest, to designate CITY police officers as special policemen to provide supplemental law enforcement within Olympic National Park when needed. Such designation may be made based on emergency and non- emergency needs for supplemental law enforcement. An emergency is generally some sort Of unexpected occurrence that requires immediate action and may include on or more of the following: a. Emergency responses to life threatening incidents, serious injury/fatality accidents/ incident scenes, crimes 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 NPS law enforcement personnel; d. Misdemeanors committed in the presence of a CITY law enforcement personnel that present an immediate threat to the health and safety of the public 3. Requests for emergency assistance by the NPS and to the CITY will be done in the same manner as described previously in the Out -of -Park Emergency Response section, except that the roles of the NPS and CITY will be reversed. C. The parties further agree as follows: 1. Each party shall bear its own costs for furnishing services under this agreement, and neither party shall claim reimbursement for those costs from the other. 2. Nothing in this agreement shall be construed to bind the NPS to expend in any one fiscal year any sum in excess of funds appropriated by Congress or allocated by the NPS for the purposes of this agreement. 3. Each party hereby waives any and all claims, demands, and causes of action against the other party and its employees, and releases the other party and its employees from any and all liability, arising out of or resulting from activities under this agreement. Each party shall be solely responsible for any and all claims, demands, and causes of action filed by third parties arising out of or resulting from the activities of its employees under this agreement, including, but not limited to, the costs of investigating and defending against such claims, demands, and causes of action and the costs of paying any compromise settlements, judgments, assessed costs, or fees (including attorney's fees). 4. The parties shall coordinate all public information releases about law enforcement incidents, investigations, actions, and other matters involving both parties. No public information release by one party shall refer to the other party or to any employee of the other party (by name or otherwise) without the other party's prior approval. Article III - Term of Agreement This agreement shall be effective for a period of five years after the date of final signature, unless it is terminated earlier by one of the parties pursuant to article VIII below. At the conclusion of that five-year term, this agreement may be extended or renewed by written agreement of the parties. Article IV - Key Officials All communications and notices regarding this agreement shall be directed to the following key official(s) for each party: For the NPS: Sarah Creachbaum, Olympic National Park Superintendent, 600 East Park Avenue Port Angeles, WA 98362-6798, (360) 565-3130 Colin Smith, Olympic National Park Chief Ranger, 600 East Park Avenue, Port Angeles, WA 98362-6798, (360 565 3130). For the City of Port Angeles: Brian S. Smith, City of Port Angeles Deputy Chief of Police, 321 East 5th Ave, Port Angeles, WA 98362, (360) 417 4902. Heidi Greenwood, City of Port Angeles Senior Assistant City Attorney, 321 East 5`h Ave, Port Angeles, WA 98362, (360) 417 4532. Article V - Property Utilization Unless otherwise agreed to in writing by the parties, any property furnished by one party to the other shall remain the property of the furnishing party. Any property furnished by the NPS to the CITY shall be used and disposed of as set forth in the NPS Property Management Regulations. Article VI - Prior Approval See Article II (Statement of Work) above. Article VII - Reports and/or Other Deliverables Upon request and to the full extent permitted by applicable law, the parties shall share with each other final reports of incidents involving both parties. Article VIII - Modification and Termination This agreement may be modified only by a written instrument executed by the parties. Either party may terminate this agreement by providing the other party with sixty (60) days advance written notice. In the event that one party provides the other party with notice of its intention to terminate, the parties shall meet promptly to discuss the reasons for the notice and to try to resolve their differences amicably. The parties commit to using every reasonable means available, including the use of a neutral mediator if necessary, to try to avoid terminating this agreement. Article IX - Standard Clauses A. Civil Rights During the performance of this agreement, the parties agree to abide by the terms of the USDI-Civil Rights Assurance Certification, non-discrimination, and will not discriminate against any person because of race, color, religion, sex, or national origin. The parties will take affirmative action to ensure that applicants are employed without regard to their race, color, religion, sex, or national origin. B. 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 there from, but this provision shall not be construed to extend to this agreement if made with a corporation for its general benefit. Article X - Authorizing Signatures In witness hereof, the following authorized representatives of the parties have signed their names on the dates indicated below, thereby executing this agreement. For the National Park Service: / Sarah Creachbaum, Superintendent Date J Colin Smith, Chief Ranger Date For the City of Port Angeles: _�-- Dan McKeen, City Manager Date `1 1 14s, ) 1 Y Terry Gallagher, Chief of Police Date '7-1.5-o