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HomeMy WebLinkAboutIL039 Interlocal Agreement NARCOTICS ENFORCEMENT MULTI-JURISDICTIONAL TASK FORCE INTERLOCAL AGREEMENT This Interlocal 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, Town of La Conner, Skagit County, San Juan County, and Swinomish Tribal Community. The City of Mount Vernon and its Police Department will be the applicant jurisdiction and the following agencies are signed as participating jurisdictions: 1 . Anacortes Police Department 2. Burlington Police Department 3. Sedro Woolley Police Department 4. Concrete Police Department 5. La Conner Police Department 6. Skagit County Sheriff Office 7. San Juan County Sheriff Office 8. Skagit County Prosecutor' s Office 9. Swinomish Tribal Police PROBLEM STATEMENT The participating agencies have experienced a crime problem due to drug abuse, which has rapidly increased from the 1970' s to 1990. This increase stems not only from an increase in population in all areas and in changing drug abuse trends, but also from the lack of resources to maximize drug enforcement efforts. A significant number of major crimes, such as residential and commercial burglary, robbery, assault, and murder are committed by drug abusers. This experience is consistent with national trends that reveal a greater number of crimes committed by drug users. Enforcement efforts directed at reducing drug trafficking in our area have, until recently, been fought by law enforcement agencies working alone. 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 manpower devoted to normal police patrol functions. 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. INTERLOCAL AGREEMENT PAGE 2 PROJECT DESCRIPTION It is proposed that a special investigations unit or task force be created within the Skagit and San Juan County areas effective on July 1 , 1991 . The task force will be comprised of personnel assigned from law enforcement agencies within Skagit and San Juan Counties 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 Department 2. Burlington Police. Department 3. Anacortes Police Department 4. Skagit County Sheriff Office 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 lower level dealers. UNIT OBJECTIVES This section identified 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. 5. Seize assets and restrict use of structures known to be used by drug dealers and manufacturers. 6. Impact drug trafficking organizations previously untouched. WITNESSETH WHEREAS, pursuant to the Anti Drug Abuse Act of 1986, the State and Local Law enforcement Act, the U.S. Department of Justice, Bureau of Justice Administration has appropriated monies to the State of Washington to fund a coordinated state- wide Narcotics Control Program; and WHEREAS, the Washington State Department of Community Development, hereinafter referred to as DCD, has been designated to administer the Narcotics Control Program for the State of Washington; and WHEREAS, eligible applicants include cities, counties and Indian tribes; and INTERLOCAL AGREEMENT PAGE 3 WHEREAS, DCD is soliciting applications from consortia of eligible applicants for the purpose of funding regional , multi-jurisdictional drug law enforcement task for projects to reduce drug trafficking and consumption in the State of Washington; and WHEREAS, DCD desires to enter into a contract with one participating jurisdiction, hereinafter referred to as the applicant jurisdiction, to administer the task force project on behalf of the participating jurisdictions; and WHEREAS, the participating jurisdictions desire to enter into an agreement to enable the applicant jurisdiction to be the receiver of any grant, to administer the grant, and to be responsible for its terms and the task force project on behalf of the participating jurisdictions; NOW, THEREFORE, the participating jurisdictions do hereby agree as follows: 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 mulit-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 fro 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, in the event the grant application is funded by DCD, shall continue until such grant is terminated. SECTION THREE - FINANCING Respective participating jurisdictions in the aggregate agree to provide no less than twenty-five percent (25%) 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. INTERLOCAL AGREEMENT PAGE 4 The Executive Board Chairperson shall be responsible for the account of task force expenditures. Jurisdictions entering the Agreement will be required to execute a contract which will specify the degree to which they will contribute to the matching funds requirement of the grant. Explicit in this Agreement will be the manner in which contributions will be documented. All cash seizures will go to the Skagit County Interlocal Drug Fund to be made available to the task force for continuing drug investigative use. Assets will stay with the task force in accordance with RCW 69.50.505, Seizures and Forfeitures. In the event the Unit is disbanded, such task force equipment derived from seizures will be held as pool equipment by the applicant agency. However, if 'only one agency terminates, equipment derived from seizures will remain with the Unit. See Section Six. 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 disagreements or disputes concerning property disposition, resources, or any other 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 in the dispute and allow that agency 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 agencies as to their decision which will be binding to both agencies. SECTION FIVE - BOARD OF DIRECTORS AND ORGANIZATION Overall governance of the Unit' s operations, including the setting of investigative priorities and general operating procedures, will be vested in an Executive Board, comprised of appropriate representatives from each participating law enforcement agency within Skagit and San Juan counties. 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 Chairperson and will remain in that capacity for one year. The Chairperson shall be responsible for keeping parties to the Interlocal Agreement informed on all matters relating to the functions, expenditures, accomplish- ments 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 Unit' s activities. The Chairperson may call extra sessions as necessary. When the Board votes on any matter, a majority shall be required for passage. • INTERLOCAL AGREEMENT PAGE 5 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 Project Coordinator, Mount Vernon Assistant Chief of Police Mike Barsress , shall act as principal liaison and facilitator between the Executive Board and the task force. The Project Coordinator shall be responsible for keeping the Executive Board informed on all matters relating to the function, expenditures, accomplishments , and the 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 Project Coordinator, 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 Units Policy and Procedures 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 Unit. the personnel so assigned by any jurisdiction shall be deemed to be continuing under the employment of that jurisdiction and its Police Department. See Section 19. Each agency contributing manpower to the task force will continue that employee as an employee of the contributing agency and will be solely responsible for that employee. Any duly sworn peace officer, while assigned to duty with the Unit as herein provided and working at the direction of the Executive Board, its Chairperson, Project Coordinator, and the Task Force Supervisor, shall have the same powers, duties , privileges and immunities as are conferred upon him as a peace officer in his/her own jurisdiction. SECTION SIX - ACQUISITION AND USE OF EQUIPMENT In the event that any equipment is acquired with grant funds received from DCD, 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 of 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. INTERLOCAL AGREEMENT PAGE 6 SECTION SEVEN - 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 EIGHT - DEFINITIONS The following terms shall have the following meanings , unless the context indicates otherwise: A. Assisting Agency - Any or all other police agencies contacted for mutual aid by the primarily responsible agency. B. 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. C. Mobilization - To organize or put into readiness for active law enforcement services. D. Mutual Aid - Aid or assistance in which two or more agencies agree to perform in common. E. Applicant Jurisdiction - The primary agency (in this case, City of Mount Vernon) who is responsible for administering the DCD grant. F. Participating Jurisdiction - Agencies agreeing to participate in the grant with the City of Mount Vernon and Mount Vernon Police Department as an assisting agency. G. Primarily Responsible Agency - The law enforcement agency within whose local geographical jurisdiction a drug investigation is taking place. H. Signatory Agency - Agencies agreeing to aid the task force and who signed the Mutual Aid and Interlocal Agreements. SECTION NINE — 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. INTERLOCAL AGREEMENT PAGE 7 SECTION TEN - USE 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 combatting 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 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 manpower and resources. SECTION ELEVEN - 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 manpower and/or equipment to any mobilization effort. • SECTION TWELVE - PRESS RELEASES All agencies participating in this Agreement will make all press releases through the Project Coordinator or jointly, if requested by the primarily responsible agency. SECTION THIRTEEN - ARREST POLICIES Arrest policies will be determined by mutual agreement of the agencies. SECTION FOURTEEN - TRANSPORTATION OF PRISONERS Transportation of prisoners to the county jail will be coordinated by the supervising officer in charge of the incident. INTERLOCAL AGREEMENT PAGE 8 SECTION FIFTEEN - 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 SIXTEEN - SALARIES AND OVERTIME PAY The primarily responsible agency will not be responsible for salaries or overtime pay' for officers from assisting agencies. Each agency shall only be responsible for the actions of its own employees and shall ensure its own employees for false arrest, assault and battery, false imprisonment or detention, malicious prosecution, libel or slander, wrongful entry or eviction or other invasion of rights of private occupancy and/or wrongful death, bodily injury, property damage and comprehensive liability. These conditions will also apply to members of the task force provided by the participating agencies. It is further mutually agreed by the participating agencies that any control exerted by the Project Coordinator and Task Force Supervisor shall not supersede this clause. SECTION SEVENTEEN - INSURANCE COVERAGE Each agency shall carry, for the duration of this Agreement, 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. SECTION EIGHTEEN - 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, 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 his/her own jurisdiction. INTERLOCAL AGREEMENT PAGE 9 SECTION NINETEEN - 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. A formal nature between department heads; B. A less formal nature through agreement of watch commanders or shift supervisors; or, C. When the officers of one jurisdiction cross jurisdiction boundaries to a'id or assist the officers of another jurisdiction signatory to this Agreement. SECTION TWENTY - 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 Nineteen except those reserve officers working under the immediate supervision of a full-time 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-ONE - 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 Fund. An inventory shall be maintained by the Project Coordinator indicating the nature, disposition and location of all task force assets. SECTION TWENTY-TWO - 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. INTERLOCAL AGREEMENT PAGE 10 SECTION TWENTY-THREE - 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-FOUR - 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 law, suit 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-FIVE - 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 the parties. SECTION TWENTY-SIX - 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 provisions 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 TWENTY-SEVEN - 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 terminations; 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 INTERLOCAL AGREEMENT PAGE lI 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 TWENTY-EIGHT - CONCLUSION Law enforcement agencies are faced with the responsibility of narcotics investigations with decreasing resources. Nationwide, 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 Unit• 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 combatting the increasing lawlessness that surrounds narcotics within our society. SECTION TWENTY-NINE - SUPERSEDURE This document supersedes all previous "Multi-Jurisdictional Task Force Interlocal Agreements" signed by the listed participating jurisdictions. SAN JUAN COUNTY - DISCLAIMER See Attachment "A" SWINOMISH INDIAN TRIBAL COMMUNITY - JURISDICTIONAL UNDERSTANDING See Attachment "B" . In Witness Whereof, the parties hereby execute this Agreement on this 22nd day of April , 1993. • • ATTACFN HT 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 WS Department of Community Development. SOAR') OF 'COMMISSIONERS SAN UA I COUNTY, WASHIN TON (r?. . Thomas R. Cowan airman Aof r! Jo n B. Evans + -mbar T ocas . Starr Member ATTEST: • ,/// 4/ i‘r'? - ' cy C .kL 0-iii: r I 05. c5. _, 03 '.4 - '.,4 :C2 ATTACHMENT B JURISDICTIONAL UNDERSTANDING Because of the participation by the Swinomish Tribal Police Department on the Narcotics Enforcement Multi-Jurisdictional Task Force is desireable and necessary to effectively reduce drug trafficking throughout Skagit County, the Swinomish Indian Tribal 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 victim, and the situs of the criminal act, within the exclusive jurisdiction of the Federal government and/or the Swinomish Indian Tribal Community. CWCk %. Robert Jo Sr. , Chairman Swinomish. Indian Senate <----/-41/117? 5.1.. Rick J. Balam Sr. , Chief Swinomish Police Department SUBSCRIBED AND SWORN to before me this // day of 1(1 , 19 //15 / 1j, / N 0 (1 ./1/ otary Public ina�aand for e Sate of 4317). Washington resid1ng at �(/7 My Commission expires ���'� CITY OF ANACORTES TOWN OF/LA CONNER , ,f2c__, co '1 „. /z52,..t._ ,--/..../e-frtie_A-4-e_ Mayor ogle E. Geer Mayor Dan O' Donnell T: ATTEST: X Gear e Khtaia Kathleen A. Earnst Finance Director Clerk Treasurer APPROVED AS TO FORM: APPROV D AS 0 FORM: N59 , i Z-/. ., - Steven E. Ma sfie d Brad Furlong -(;_ :::77 --------- City Attorney City Attorney 7-1 CI OF BURLINGTON4 CIT OF MOUNT VERNON .1 tu-P0---1. ayor RIlaymona C. Henerry Mayor ;laymond T. Reep,/J!/.' Y ATTEST: ATTEST. \ C P c, YLf Richard A. Patrick Matt no e Fina►.e Director Finan e Director AP'ROV D A it 0 : APPROVE AS TO FORM• , f i \ klik / C 4__ _. Da . : A. Srare Lin rd C. Smith City Attorney City Attorney T OF CONCRETE CIT F ' EDR WOO EY Mayor Dale Woodruff a r Wil lam R. Stendal ATTEST: I j ATTEST: 'eo- -, D. Derr', Ledf d ; Robin D. Hertlein Cle Trea rer Clerk Treasurer APPR VED AS T FOR • AP D TO ORM: 4 --7. t-D) ugh . Ridgway atrick M Hayden Attorney City Attorney SWINOMISH INDIAN TRIBAL CCf 4UNITY SKAGIT COUNTY ;Egr5E '44: o ert ti , .,r. Ro ert Hart, Chairman Tribal Chairman Board of Commissioners R c J. a am, Sr. arvey Wol n Chief of Police Commissioner SAN &JAN COUNTY Rob y. Ro nson jf COMMigEionOP 471v i omas R. Cowan, CFiai?man ATT ST: Board of Commissioner CoeVt1/2-7 , ie der e terK of the Joh Evans Board of Commissioners Co i Toner A. ...VED AS TO FORM: y I Z4tarre s r .o h n 1'.T 1 I Commissioner C , - - Civil Deputy Skagit County Prosecutor's Office ATTEST; n A►i//"v14/Ar.7 Clerk of the Board of Commissioners APPROVED AS RM: rederic C,Canavor, Jr. Prosecuting Attorney �. . 05. C . _3 D3' 1_4 TM E43