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HomeMy WebLinkAboutC20040496 (AF 200412080111) Interlocal Agreement iro SKAGIT COUNTY [� , ►; Contract# C20040496 ,JS' = C0501 ?IGSC Pagel of 24 - _ - _ RECEIVED OCT 13 2004 Mount Vernon Police Stcag�t bounty Audi °RIG1NAL 202004-. San Juan County Agreement No,04SH02 NARCOTICS ENFORCEMENT MULTI-JURISDICTIONAL TASK FORCE INTERLOCAL AGREEMENT This lnterlocal Agreement is made and entered into pursuant to the provisions of RCW 39.34, between City of Mount Vernon, City of Anacortes, City of Burlington, City of Sedro Woolley, Town of Concrete, Skagit County, San Juan County, Swinomish Tribal Community and the Washington State Patrol. The City of Mount Vernon and its Police Department will be the applicant jurisdiction,and the following agencies are signed as participating jurisdictions: I_ Anacortes Police Department 2. Burlington Police Department 3. Sedro Woolley Police Department 4. Concrete Police Department 5. Skagit County Sheriff Office 6. Skagit County Prosecutor's Office 7 San Juan County Sheriff Office 8 Swinomish Tribal Police 9. Washington State Patrol PROBLEM STATEMENT The participating agencies have experienced a crime problem due to drug abuse, which has rapidly increased from the 1970's to present. This increase stems not only from an increase in population in all areas and in the changing drug trends, but also from lack of resources to maximize drug enforcement efforts. Drug abusers commit a significant number of major crimes, such as residential and commercial burglary, robbery, assault, computer crime, theft and forgery as well as murder. This experience is consistent with national trends that reveal a greater number of crimes committed by drug users. Additionally, Skagit County has experienced an increase in methamphetamine labs; dump sites, and usage since 2000. In an effort to combat this methamphetamine increase in Skagit County, SCIOEUIINTF.RLOCAL 03/05/04 PAGE 1 OF 23 ► - � x, • 1 „ Skagit County Interlocal Drug Enforcement Task Force "SCIDEU " has made numerous arrests for this crime and removed a significant amount of methamphetamine from the street. From all indications nationwide, the methamphetamine epidemic will continue to rise which will require ongoing resource commitment. The Task Force has been successful in reducing drug trafficking in our area since the late 1980's, due to this Interlocal Agreement. Prior to the creation of the Task Force the enforcement efforts directed at reducing drug trafficking were performed by law enforcement agencies working alone. Separate from the Task Force there has been little coordinated and concentrated effort directed at drug offenders and offenses, despite the fact that drug traffickers and the crime they generate do not respect jurisdictional boundaries of municipalities and counties. Significant drug arrests have occurred because of detailed investigations by existing investigative units; however, multi-agency Task Force operations have been proven more effective at all levels of investigation. An intensive and concentrated effort directed at such offenders can result in significant crime reductions far in excess of the results of additional staffing devoted to normal police patrol functions and/or investigative units. NEEDS STATEMENT The criminal justice system must do its part to reduce the drug abuse and related problems in our area by coordinated and concentrated effort, initiating and conducting drug investigations at all levels possible and enforcing the criminal provisions of the Uniform Controlled Substance Act; RCW 69.32,69.40, and 69,50, PROJECT DESCRIPTION On July 1, 1991, the Task Force was created, since then the efforts of the Task Force have had a major impact on reducing drug trafficking. The Task Force is comprised of personnel assigned from law enforcement agencies within Skagit and San Juan Counties, Washington State Patrol and the Skagit County Prosecutor's Office. It is agreed that one full-time investigative person or more will be assigned from each of the following agencies: 1. Mount Vernon Police Depai fluent 2. Burlington Police Department 3. Anacortes Police Department 4. Skagit County Sheriff Office 5. Washington State Patrol kReit Cpuin# 1 1 1 '12/8/2004 page Y Auditor of - --"1:54P1 Sl<AGIT COUNTY SCIDEUITt4TERLOCAL 03105/04 Contract# C20040496 PAGE 2 of 23 Page 2 of 24 • 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 Skagit and San Juan Counties. 4. Identify and eliminate clandestine drug laboratories. S_ Seize assets and restrict use of structures known to be used by drug dealers and manufacturers. 6. Impact drug trafficking organizations previously untouched. 11011 412080 '11 Skagit County Auditor 9218i2004 Page — 3 of 24 1;64PM SKAGIT COUNTY SCIDEUIINTERLOCA.L 03ros904 Contract# C20040496 PAGE 3 OF 23 Page 3 at 24 SECTION ONE— PURPOSE The participating jurisdictions: 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 3. 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. SECTION TWO--DURATION This Agreement shall commence on the day and year it is executed by the respective representatives and, shall remain in effect until the Task Force is terminated (see section twenty- six). This Agreement shall supercede in full all prior Agreements heretofore adopted by the parties relevant to the formation and operation of a multi jurisdictional Drug Task Force. SECTION THREE— FINANCING Respective participating jurisdictions in the aggregate agree to provide no less than thirty-three and one-third percent (33.33%) of the financial resources to support Task Force project activities according to the budget described in the application as attached. In addition, 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 the Task Force Expenditures. All cash seizures will go to the Skagit County lnterlocal Drug Fund to be made available to the Task Force for continuing drug investigative use. Assets acquired by the Task Force will stay with the Task Force in accordance with RCW 69.50.505, Seizures and Forfein3---- �_. �. +1•_ hn._,. r. , ded, such Task Forcell NM1110111111111 'AGIT COUNTY SCMEWINTE t[ACA 03/05/04 2pp410 g 01 1 PAGE 4 OF 23 Skagit County Auditor ;t# C20040496 1218l2004 Page 4 of 24 1:54PIM e 4&24 Il, equipment derived from seizures will be held as pool equipment by the applicant agency. However, if only one agency terminates from the Task Force, equipment derived from seizures will remain with the Task Force(see Section Seven). SECTION FOUR--ADMINISTRATION The City of Mount Vernon 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. Skagit County shall provide legal review of such requests, and advice to the Task Force Commander on matters pertaining to the Public Records Act. 11111111111101 2004ii1iiI1t 1 SKAGIT COUNTY SCIDEU/INTERLOCAL 0)05/04 Skagit County Auditor ►ntf Ct# C20040436 PAGE 5 OF 23 of.... ._24 .._'Ie64k�M 12/9/2204 Page '_. Page 5 of 24 SECTION FIVE-- BOARD OF DIRECTORS AND ORGANIZATION Overall governance of the Task Forces 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 Skagit and San Juan Counties, Washington State Patrol and the Skagit County Prosecutors 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 year. The Chairperson shall be responsible for keeping parties to this Interlocal 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 Forces 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 shalt be responsible for keeping the Executive Board informed on all matters relating to 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.hoard. All persons assigned to the Task Force shall adhere to the rules and regulations as set forth in the Task Forte's Policy and Procedures Manual, as well as their individual depai tinental 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 Section 22). 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. 004 / 2, i TCOUNTY Skagit 7 1 SCIDEUIIN"t RLOCAl..03/05/04 t21� County Auditor C20040496 PAGE b OF 23 2D0A_Pine fi 5ai24 SECTION SIX—CLANDESTINE LAB RESPONSE With the increase of clandestine labs and the hazardous substances associated with them in Skagit and San Juan County, 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 In 2002, the Executive Board authorized Task Force members to become trained in clandestine lab investigations. The scope of clandestine lab 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 lab teams when investigating clandestine labs. The Task Force will perform a support role with fully-qualified clandestine lab teams when handling clandestine labs. There will be no further expansion of the role of the Task Force to become a full Clandestine Lab response team without the express approval of the Executive Board. SECTION SEVEN-- 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. SECTION EIGHT--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. SECTION NINE-- 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. 1111111 II 111 1!.I1111 I� COUNTY SO-DELJIINTEI2LOCAL 03/05/04 2 0 0 4 1 2 08 0 11 ::;20040496 PAGE 7 OF 23 Skagit County Auditor 12l8(2004 Page 7 of 24 1:54PM 24 • • • • • • 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 two or more agencies agree to perform in common_ 5. Applicant Jurisdiction The primary agency (in this case, City of Mount Vernon) who is responsible for administering the Department of Community, Trade and Economic Development grant. 6. Participating Jurisdiction - Agencies agreeing to participate in the grant with the City of Mount Vernon and Mount Vernon Police Depaitri ent as an assisting agency. 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. SECTION TEN-- 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. SECTION ELEVEN--LSE OF RESOURCES It is the intent of the Mount Vernon Police Department and its participating agencies that the Task Force be utilized to its fullest potential in combating the drug problem in the Skagit and San Juan 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 Skagit or San Juan 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 Supervicnr Sueh rerrmtests for assistance shall, if possible, lililiiioruiiij.ii11 ,111i.�uii 31TY SCJDEU INTERLOCAL 03/65104 2004 080 1 1 040496 PACE 8 OF 23 Skagit County Auditor 12/8/2004 Page 8 of 24 1:54PM ....-_ _ 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. SECTION TWELVE — 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. SECTION THIRTEEN-- 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. SECTION FOURTEEN-- ARREST POLICIES Arrest policies will be determined by mutual agreement of the agencies. SECTION FIFTEEN — TRANSPORTATION OF PRISONERS Transportation of prisoners to the County Jail will be coordinated by the supervising officer in charge of the incident. SECTION SIXTEEN-- 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. SECTION SEVENTEEN— SALARIES AND OVERTIME PAY The primarily responsible agency will not be responsible for salaries or overtime pay for officers from assisting agencies 200412 80111 Skagit County Auditor 1_.18/2004_Page c of __24_d:54PM SKAGIT COUNTY SCI U.IINTERL©Cat..03/05/04 Contract# C20040496 PAGE 9OF23 Page 9vf24 • SECTION EIGHTEEN--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 alternative, 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. SECTION NINETEEN— INDEMNIFICATION A. 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 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. B. 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 subject 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. C. 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. SCIDEUANTERLOCAL aaro5/04 i0 1111M 20040496 PAGE zoon23 Zppt1208 Auc�itar gagit County ao_.or ..4,14011i._ .i 24 _. nna_Pano . SECTION TWENTY— 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 tiled 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: A. 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. B. 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. C. 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 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. D. The parties further agree that neither they nor their counsel will furnish 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. E. 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 SC1DEU/1NTERLOCAL 03/05/04 1111111111111111011111 � COUNT? a PAGE 11 OF 23 20041 �0 Skagit County Auditor 1i.1C2 ot24407 1218/2004 Page 11 of 24 1:54PM any other purpose and may not be disclosed without th.e express written consent of counsel for the parties. F. 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 governing the disclosure of public records. G. 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 (I) the consent of all parties to this Agreement or (2) a lawful order of a court of competent jurisdiction which the party who furnished the information has declined to appeal. H. 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. 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 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. J. 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. K. 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 1111111411311111 LYAGlT COUN 200412 SC IDEUIINTERLOCAL 03/05/04 3Ct# �yp4Q496 PAGE 12 OF 23 Skagit County Auditor 12/8/2004 Page 12 of 24 1:64PAlI Page 12 of 24 • • attorney in this matter; and that the attorney representing the other party will owe a duty of loyalty only to his/her own respective clients_ L. NOTHING HEREIN SHALL REQUIRE OR BE INTERPRETED TO: 20.7.1 Waive any defense arising out of RCW Title 51 that is consistent with the provisions of subsection"C", above. 20.7.2 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, an.y 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. 20.7.3 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 or 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. 20.8 Pre--Existing Claims Or 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. 20.9 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 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. SECTION TWENTY-ONE—INJURY COVERAGE 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 #' ,.cer or his/her dependents shall be accorded by his/her employer the same or they would SCIDEUI1NTERLOCAL 43i45144 COUNTY PAGE 13 OF 23 Ohl". 4"\ p,udit0r c4PT�l 20040496 tit cats Kg .tg of Page 13 of 24 e have received had that officer been acting under the immediate direction of his/her employer in his/her own jurisdiction. SECTION TWENTY-TWO-- COMMISSIONS Fall-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: 1. A formal nature between department heads; 2. A less formal nature through agreement of watch commanders or shift supervisors; or, 3. When the officers of one jurisdiction cross jurisdiction boundaries to aid or assist the officers of another jurisdiction signatory to this Agreement. SECTION TWENTY-THREE-- 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 Section Twenty, 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. SECTION TWENTY-FOUR-- 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. 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 Skagit County Interlocal Drug Funds),Federal or State. An inventory shall be maintained by the Task force Commander indicating the nature, disposition, and location of all Task Force assets. sC1bEt.�1INTETtLOCat 03/05/04 2 0 0 41 2 OMEMORIPM .# 020040496 PAGE 14 OF 23 Skagit County Auditor �e 14 of 24 e 14 of 24 1 64PM _._. __ SECTION TWENTY-FIVE — 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. SECTION TWENTY-SIX--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 or non-execution of this Agreement by any one agency shall not affect the continued efficacy of the Agreement with regard to other signatory agencies. SECTION TWENTY-SEVEN-- 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 Skagit or San Juan Counties. SECTION TWENTY-EIGHT-- 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. SECTION TWENTY-NINE-- 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. If it should appear that any provision herein is in conflict with any statutory provisions of the State of Washington, said 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. SECTION THIRTY—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 a :ri^4d...—_,._" . Ds hereto_ SC1DEU/IN ERLOCAL 03/05104 11411110311 0824 'I20$01 'l '1 SKAGIT COUNTY PAGE 15 OF 23 Skagit County Auditor Contract# C20040496 12d812DO4 Page 1 T0f 2�t 1`.6 4PM Page 15 of 21 SECTION THIRTY-ONE —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. SECTION THIRTY-TWO-- 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 Skagit County resources is enhanced by the participation of the County Prosecutor's Office and Swinomish Tribal Community. 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. SECTION THIRTY-THREE-- SUPERSEDURE This document supersedes all previous "Multi-Jurisdictional Task Force Interlocal Agreements" signed by the listed participating jurisdictions_ SECTION THIRTY-FOUR—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. SAN JUAN COUNTY-DISCLAIMER See Attachment"A". SWINOMISH INDIAN TRIBAL COMMUNITY/JURISDICTIONAL UNDERSTANDING See Attachment"B". INERSHIMINEI 200412080111 SYu4G1T COUNTY 4 1 2 0 8 01 1 1 contract# C20040496 SCIDE 1/INTEaLOCAL 03/05104 Skagit County Auditor PAGE 16 OF 23 12J8l2004 Page 16 Of Page 16 of 24 24 1:54PM IN WITNESS WHEREOF, the parties hereby execute this Agreement on this day of , 2004. iii i iiii ii ii, l ii 1iI11i111J1 200412080111 Skagit County Auditor 12/8)2004 Page 17 of 24 1:54PM SKAGIT COUNTY Contract# 020040496 SCIDEU/NTERLOCAL 03/05/04 PAGE 17 OF 23 Pagel?of 24 • • ATTACHMENT A It is hereby agreed between the City of Mount Vernon and San Juan County that San Juan County will not be subject to SECTION THREE - FINANCING, of this Agreement. San Juan County agrees with all other terms and conditions as outlined in the Agreement, and requests copies of the fully executed Agreement and grant application to the Washington State Department of Community, Trade and Economic Development. BOARD OF COMMISSIONERS SAN JUAN COUNTY, WASHINGTON Darcie Nielsen Chairman t ABSENT John B. Evans Member )4/22./Lit_ Rhea Y. Mi er ATTEST: Member San Juan County Auditor • 1-Deputy �T API' ATTEST: San Juan Coun ecuting Attorney 714 INEMENO 24 41208 Skagit County Auditor COUNTY 04 12 a12o04 Page_..... 1.8_°f... _2 0cintract# C20040496 SC1DEU/INTERLOCAL 03105/ PAGE 18 OF 23 Page 18 of 24 • s ' ATTACHMENT B JURISDICTIONAL UNDERSTANDING Because the participation by the Swinomish Tribal Police Department on the Narcotics Enforcement Multi-Jurisdictional Task Force is desirable and necessary to effectively reduce drug trafficking throughout Skagit County, the Swinomish Indian Community signs this Interlocal Agreement subject to the understanding of the parties hereto, that the exercise of criminal jurisdiction within the exterior boundaries of the Swinomish Reservation is subject to and limited by Public Law 83-280 (RCW 37.12.010 et seq.). Accordingly, crimes committed on the Swinomish Reservation are not necessarily subject to State Law, but may be, depending on the particular crime, the Indian status of the perpetrator and the victim., and the sites of the criminal act, within the exclusive jurisdiction of the Federal Government and/or the Swinomish Indian Tribal Community. (..??Ikij°*11".'. Brian Cladoosby,Tribal Chairman Swinorish Indian Senate Tom S, Joker,C ief of Police Swi omish Police Department SUBSCRIBED AND SWORN to before me this as day of PNLi.6Li T,2004. C---) k 5ia R'4 t, Notary Public " 46.1K for the State of 4:: 'fir�i, Washington,residing at 1 \ov...)T Vc a"),4) if f8 NOTA,4y .. My Commission expires 0t—t '-G T '4t{BUG ;•� �1`'14, WASkA 4.4= 10105_214_1_1131t!c111_1211:1°.t_ly_11_9_!_uto_ i1Np '}1RlIfUIIi11y��1111�tS IWMy�IIA11\\9\�4�w�,` i1H47�tt1�114��1208�'11 SKAGIT COUNTY CwutttyAuditor3C1DcUiINTERLOCAL03705104ra4QlVk -�Q11t1E�C" # C'224040496 PAGE 19 OF 23i21S$2 79 of ._ _.. .' -... page lJ of 24 • • ATTACHMENT C It is hereby agreed between the City of Mount Vernon and the Town of Concrete that the Town of Concrete will not be subject to SECTION THREE-FINANCING, of this Agreement. The Town of Concrete agrees with all other terms and conditions as outlined in the Agreement,and requests copies of the fully executed Agreement and grant application to the Washington State Department of Community,Trade and Economic Development. TOWN OF CONCRETE, a Washington Municipal Corporation By: ayor Approve as to form: Town ne Attest: Cler -Treasuir 1111111111113111 200412080111 Skagit County Auditor 12F8,2004 pq�* _ 20 of 24 1:64PM SKAGIT COUNTY Contract# C20040496 page 20 of 24 CITY OF ANACORTES TOWN OF LA CONNER ,., 71. L -s 24-1 i' '1--I -ram Mayor H. Dean Maxwel. Mayor Wayne Ever on ATT ST: ATTEST: _ /.---),004AY-#1_/-0-ki-C.A—)' eor e Kh .an t.::- '`" —"T Debb arc g Finance Director Clerk Treasurer APPROVED AS TO FORM: APPR E - TO FORM: —54 — , Ian Mance Bra Furlong City Attorney City Attorney • CITY OF BURLINGTON CITY OF MOUNT VERNON r "--(:; 0'1.: Mayor` is Tjee sma Mayor Bud Norris ATTEST: ATTEST: e zyt'_ ( fit'_ er .(e',. f LLiC Lf L io(G C _ Richard A.Patrick Alicia Huschka Finance Director Finance Director AP C�V S T .O. : APPROVED AS 0 F RM: Crai arnmock Scott o as City Attorney City Attorney T WN OF CONC E • CITY OF SEDRO WOOLLEY yor John antsc er Mayor Sharon Dillon ATTEST: `/�\{ \ fA/TTTy�EST: fit) �p j/t sJ SA ic,� k* 1 Nancy Allen _Vat N on Clerk Treasurer City Clerk APP TO FOI2I1 r lta- Nancy Ivarinen PatrickM. Hayden City orney City Attorney 111111411911111 AGIT COUNTY SCIOEU/INTERLOCAL 03/05/04 2 0 0 42 1 1 1 t# C20040496 PAGE 20OF 23 Skagit County Auditor ge2toi24 1202004 Page_ _ 21 .of 24 1:54PM . • SKAGIT COUNTY tali 0(-1 SAN JUAN COUNTY -eAL ed W. Anderson,Chairman Darcie Nielsen.Chairperson Board of Commissioners Board of Commissioners ABSENT Don Munks John B. Evans Commissioner Comxnissi r CA Kenneth Dahlstedt e Mj) r Commissioner Commissioner. ATTEST: Billie Kadrma Risk Manager Lill' n Hamel d � Deputy Clerk-Board of Commissioners Gary Rowe County Administrator APPROVED AS TO F RM: A T Randall K. Gaylord Prosecuting Attorney Jo n Giesb chi Clerk-Board of Commissioners SWINOMISH INDIAN TRIBAL COMMUNITY APPROVED AST FORM: Melinda Miller Brian Cladoosby Civil Deputy Tribal Chairman Skagit County Prosecutor's Office Tom icker Chief of Police II ! ! VI111113 IIIIIi 'AG1T04 111 SCLDEw1NTERLOCAL o3)05/04 Skagit County Auditor # C20040496 PAGE 21 OF 23 12/8/2004 Page 22 of 24 1:54PIUI age 22 of 24 a 4 Fs. ` • r . PARTICIPATING AGENCIES AND CONCEPT AGREEMENT Signature of authorized officials of the participating agencies. T e gree to participate in the activities of the Task Force as described in this application. A. Mount Vernon Police Department AGENCY G ATURE 3/8AY Michael S.Barsness/Chief of Police DATE. NA E l.F ..y.e, B. Anacartes Police Department AGENCYr� r SIGNATURE Michael L. King/Chief of Police DATE NAME/TITLE C. Burlington Police Department AGENCY � SIGNATURE s ""c r "l� -1 Gerald R.Bowers/Chief o[Police DATE NAME/TITLE D. Concrete Police Department SCSO provides law enforcement AGENCY SIGNATURE °iris Reif./Act b Graf Fotk.e DATE NAME/TITLE E. San Juan County Sheriff Office AGENCY SIGNAT 1g1 9 le* William G. Cumming/Sheriff DATE NAME/Tl LL F. Sedro Woolley Police Department AGENCY SIGNATU Dave Cooper/Chief of Police DATE NAME/TITLE G. Skagit County Prosecutor's Office AGENCY v SIGNATURE - d Thomas Seguine/Prosecutor DATE NAME/TITLE MON*0110 T COUNTY SC.IDEU/INTERLOCAL 03/05/04 Skagit County Auditor PAGE 22 OF 23 Page 23 of 1,5APM C20040496 42l812{104 ------------- ---- - Page 23ai24 .,x f H. Skagit County Sheriff Office AGENCY NATURE Richard Grimstead/Slzeriff DATE NAME/TITLE 1. Swinomish Tribal Police AGENCY NATURE Tout Schiieker/Chief of Police DATE NAME/TITLE J. Washington State PatrolvC31\i,A) AGENCY SIGNATURE Lowell Porter/Chief DATE NAME/TITLE 0111”014', 2004 it County,pods 5ka9 �� 04 2 or a. •64Pit 2,1�F2p04..I'a3 _.� .:.:vtistVT�' sciDEI.IIINrERrOCAL 03/05/04 Contract# C20040496 PAGE 23 OF 23 Page 24 of 24 4 —