HomeMy WebLinkAboutC20070351 Interlocal Agreement •
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Skagit County Auditor
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AFTER RECORDING RETURN TO:
SKAGIT COUNTY BOARD OF COMMISSIONERS
1800 CONTINENTAL PLACE, STE. 100
MOUNT VERNON, WA 98273
DOCUMENT TITLE: INTERLOCAL AGREEMENT FOR MUTUAL POLICE AID
AND COOPERATION
DATE SIGNED: 06-04-2007
GRANTOR: SKAGIT COUNTY
GRANTEE: MUNICIPALITIES OF:
ANACORTES
BURLINGTON
MOUNT VERNON
SEDRO-WOOLLEY
COUNTY CONTRACT NO.: # C20070351
INTERLOCAL AGREEMENT FOR
MUTUAL POLICE AID AND COOPERATION
THIS IS AN AGREEMENT BETWEEN THE CITY OF ANACORTES,
WASHINGTON, A MUNICIPAL CORPORATION OF THE STATE OF
WASHINGTON,HEREINAFTER REFERRED TO AS"ANACORTES",THE CITY OF
BURLINGTON,WASHINGTON,A MUNICIPAL CORPORATION OF THE STATE OF
WASHINGTON,HEREINAFTER REFERRED TO AS "BURLINGTON",THE CITY
OF MOUNT VERNON, A MUNICIPAL CORPORATION OF THE STATE OF
WASHINGTON,HEREINAFTER REFERRED TO AS"MOUNT VERNON",THE CITY
OF SEDRO WOOLLEY,WASHINGTON,A MUNICIPAL CORPORATION OF THE
STATE OF WASHINGTON,HEREINAFTER REFERRED TO AS "SEDRO
WOOLLEY",AND t HE COUNTY OF SKAGIT,STATE OF WASHINGTON,A
MUNICIPAL CORPORATION OF THE STATE OF WASHINGTON,HEREINAFTER
REFERRED TO AS "SKAGIT COUNTY". '1HESE PARTIES SHALL ALSO BE
REFERRED TO AS"JURISDICTIONS".
RECITALS:
I. In the interests of the public welfare, it is necessary and desirable that local
jurisdictions within Skagit County should voluntarily aid and assist each other
regarding the provision of police protection to their citizens.
2. Also in the interests of the public welfare, it is necessary and desirable to
modify current artificial territorial barriers to the exercise of law enforcement
authority.
3. Contracts for mutual police aid between municipalities are authorized under the
provisions of Chapters 39,34 and 10.93 RCW.
Accordingly, it is hereby agreed between ANACORTES, BURLINGTON, MOUNT VERNON,
SEDRO WOOLLEY, and SKAGIT COUNTY as follows:
Section I.DEFINITIONS
The following terms shall have the following meanings, unless the context indicates otherwise:
a. "Responding Agency" means an Agency who has subscribed to this Mutual Aid
Agreement and has agreed to deliver Emergency Assistance to another Party Agency
pursuant to the terms and conditions of this Mutual Aid Agreement.
b. "Requesting Agency" means an Agency who has adopted,signed and subscribes to this
Mutual Aid Agreement and has made a request for Emergency Assistance and has
received commitment(s)to deliver Emergency Assistance pursuant to the terms of this
Mutual Aid Agreement. SKAGIT COUNTY
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PART ONE: MUTUAL AID
4. When requested, each jurisdiction agrees to furnish such personnel, resources, and
facilities as are reasonably necessary to assist any other jurisdiction in matters relating to
law enforcement. Upon receipt of such a request,the commanding officer of the
Responding Agency shall immediately take the following action:
a. Determine if the Responding Agency has equipment and personnel available to
respond to the Requesting Agency and determine the nature of the equipment and
number of personnel available.
b. Determine what available equipment and personnel should be dispatched in
accordance with the operating plans and procedures established by the parties.
c. In the event the needed equipment and personnel are available,to dispatch such
equipment and personnel to the scene of the emergency with proper operating
instructions.
d_ In the event the needed equipment and personnel are not available,to immediately
advise the Requesting Agency.
5. Participation in this Mutual Aid Agreement is purely voluntary and at the sole discretion
of the Responding Agency. No jurisdiction shall be required to deplete unreasonably its
own resources,facilities and services in furnishing such mutual aid. Each individual
jurisdiction shall have complete authority and control over the decision as to whether or
not it is able to provide mutual police aid pursuant to any request therefore. No
Responding Agency shall be liable to another Party Agency for, or be considered to be in
breach of or default under this Mutual Aid Agreement on account of any delay in or
failure to perform any obligation under this Mutual Aid Agreement, except to make
payment as specified in this Mutual Aid Agreement.
6. It is expressly understood that the responsible local officer of the Requesting Agency
shall remain in command at such incident;provided,that the responding personnel and
equipment shall be under the immediate supervision of the officer in charge of the
Responding Agency unless the Requesting Agency specifically requests that another
Agency fulfill this responsibility. The personnel and equipment of the Responding
Agency shall be released from service and returned to the Responding Agency by the
commanding officer in charge of the operations as soon as conditions warrant.
7. Whenever any police officer of one of the jurisdictions dies or is disabled from
performing the officer's duties by reason of engaging in the apprehension or attempted
apprehension of law violators, or suspected law violators, or protection or preservation of
life or property, or the preservation of the peace within the jurisdiction in which the
mutual aid is being rendered,but is not at the time acting under the immediate direction
of the officer's employer,the officer or the officer's dependents shall be accorded by the
officer's employer the same benefits which the officer or the officer's dependents would
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have received had that police officer been acting under the immediate direction of the
officer's employer.
8. The mutual police aid provided herein shall be without reimbursement unless expressly
agreed to by the jurisdiction requesting and the jurisdiction providing such aid.
9. The jurisdictions agree to develop standard operating procedures in regard to their mutual
police aid Agencies recognize that time is critical during an emergency and diligent
efforts will be made to respond to a request for resources as rapidly as possible, including
any notification(s)that requested resources are not available.
10. Each Requesting Agency agrees to be responsible for and assume liability for its own
wrongful and negligent acts or omissions, including the negligence attributed to that
party`s command decisions, or those of its officers, agents,or employees to the fullest
extent allowed by law, and agrees to save and hold every other party to this agreement
and said parties, officers, agents, and employees harmless from such liability and to
waive any liability legal claims that parties to this agreement might have against each
other or any one of them for liability arising out of the performance or non-performance
of any act under this agreement. Further, each Requesting Agency agrees to defend and
indemnify each Responding Agency against any claim or lawsuit brought against the
Responding Agency or against the Responding Agency's officers, agents,or employees,
by persons or entities not signatory to this agreement, PROVIDED HOWEVER,that
such indemnifications shall not apply to losses or claims resulting from the sole
negligence of the indemnified party. However, in any lawsuit brought against any other
parties to this agreement or against their officers, agents, or employees by persons or
entities not signatory to this agreement, then none of them shall be limited in their legal
rights to request apportionment of any judgment rendered against them, and none of them
shall be limited in their rights as provided under the laws of the State of Washington to
seek contribution for any judgment they are required to pay in excess of their
proportionate share of any liability judgment or award.
11. With respects to claims by any party to this agreement against any other party the
provisions of RCW 10.93.040 shall apply.
PART TWO; EXTRATERRITORIAL AUTHORITY
12. Pursuant to the tetras of RCW 10.93.070, each jurisdiction does hereby consent to the
exercise of enforcement powers by commissioned officers of each of the other
jurisdictions within the corporate limits of the consenting jurisdiction as follows:
A. Such officers may exercise all lawful enforcement authority and powers in
regards to traffic violations,both criminal and civil infractions. This authority
may be exercised without prior notification, except as required by joint operating
procedures_ Any mutual exercise of such authority shall be reported to the
jurisdiction within which the actions are taken within a reasonable time by copy
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of the incident report prepared in the ordinary course of business for the other
jurisdiction.
B. Such officers may exercise all lawful enforcement authority and powers in
regards to non-traffic criminal matters. This authority shall be Iimited to matters
reasonably related to criminal activity or suspected criminal activity in the
jurisdiction of such officers_ Prior notice of the actual exercise of such
enforcement powers shall be given to the jurisdiction within which the actions are
taken unless impossible or impractical under the circumstances of the case_ Any
actual exercise of such authority shall be promptly reported to the jurisdiction
within which the actions are taken by copy of the incident report prepared in the
ordinary course of business for the other jurisdiction. Additional information
regarding such exercise of authority shall be provided promptly upon request.
13.
A. ANACORTES agrees to defend and to indemnify and to hold and save each and
every other jurisdiction, its employees, and agents harmless from and against all
liability claims, suits, damages, costs, losses, and expenses, including expenses of
litigation, including attorney fees, in any manner resulting from, arising out of, or
connected with any extraterritorial exercise of authority by ANACORTES as
provided in this PART TWO.
B. BURLINGTON agrees to defend and to indemnify and to hold and save each and
every other jurisdiction, its employees, and agents harmless from and against all
liability claims, suits, damages, costs, losses, and expenses, including expenses of
litigation, including attorney fees, in any manner resulting from, arising out of, or
connected with any extraterritorial exercise of authority by BURLINGTON as
provided in this PART TWO.
C. MOUNT VERNON agrees to defend and to indemnify and to hold and save each
and every other jurisdiction, its employees, and agents harmless from and against
all liability claims, suits, damages, costs,losses, and expenses, including expenses
of litigation, including attorney fees, in any manner resulting from, arising out of,
or connected with any extraterritorial exercise of authority by MOUNT VERNON
as provided in this PART TWO_
D, SEDRO WOOLLEY agrees to defend and to indemnify and to hold and save each
and every other jurisdiction, its employees, and agents harmless from and against
all liability claims, suits, damages, costs, losses, and expenses, including expenses
of litigation, including attorney fees, in any manner resulting from, arising out of,
or connected with any extraterritorial exercise of authority by SEDRO
WOOLLEY as provided in this PART TWO.
E. SKAGIT COUNTY agrees to defend and to indemnify and to hold and save each
and every other jurisdiction, its employees, and agents harmless from and against
all liability claims, suits, damages, costs, losses, and expenses, including expenses
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of litigation, including attorney fees, in any manner resulting from, arising out of,
or connected with any extraterritorial exercise of authority by SKAGIT COUNTY
as provided in this PART TWO.
14. Nothing in this PART TWO shall be interpreted as limiting any law enforcement
authority granted to any jurisdiction under the terms of Chapter 10,93 RCW or other
general law or agreement. Nothing in this agreement shall be interpreted as limiting any
law enforcement authority granted under any inter-jurisdictional arrangement for multiple
commissioning of officers, such as any drug enforcement task force or other similar
endeavor.
PART THREE: PROVISIONS MANDATORY UNDER RCW 39.34.030
15. This agreement shall be effective on the 4 . day of 2007,
and shall automatically renew from year to year unless otherwi odified or terminated
as provided herein,
16. The purpose of this agreement is to improve law enforcement within the respective
jurisdictions by facilitating mutual aid and assistance and by modifying artificial
territorial barriers.
17. It is not contemplated that any jurisdiction shall incur a financial obligation as a result of
this agreement and no budget is necessary therefore.
18. This agreement may be terminated in whole or in part by any jurisdiction in relation to all
other jurisdictions or any of them upon 10 days written notice to all other jurisdictions.
Such notice shall state the reason for said termination. All property acquired by any
jurisdiction pursuant to its law enforcement endeavors shall remain the property of that
jurisdiction upon full or partial termination of this agreement.
19. This agreement shall be administered jointly by the chief law enforcement officer of the
respective jurisdictions.
20. It is not contemplated that any property, real or personal, will be acquired by any
jurisdiction SEPARATELY or jointly as a result of this agreement. No separate Fund
shall be established, and no legal entity is created.
21. This Agreement shall be deemed to be made and construed in accordance with the laws
of the State of Washington jurisdiction and venue for any action arising out of this
Agreement shall be in Skagit County,Washington_
22, The captions in this Agreement are for convenience only and do not in any way limit or
amplify the provisions of this Agreement.
SKAGIT Cat NT,/
1111
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23. This Agreement constitutes the entire agreement between the parties. There are no terms,
obligations,covenants or conditions other than those contained herein.No modifications
or amendments of this Agreement shall be valid or effective unless evidenced by an
agreement in writing signed by both parties.
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200706080182
Interlocal Agreement far Mutual Aid,6 6 Skagit County Auditor
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INTERLOCAL AGREEMENT FOR
MUTUAL POLICE AID AND COOPERATION
A. es Police Department
Date 4,Af/Q7
Michael L. in Chief of Police Date `(NCI-7
Ian Munce City Attorney
V.tom# 7 2-77,Le Date �f n 7
Dean Maxwell Mayor
. urlington lice Department
Date
raid R_ ova Chief of Police
- Date
Sco ho s City Attorney
Date
Roger ends Mayor
C. Mount Vernon police Department
/) -a, . z Date .S 13/0
Ken Bergsma Chief of Police
Date /-//
Kevin Rog City Attorney
Date
Bud No 's Mayor
InterIocal Agreement for Mutual Aid,7 7
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D, rq--Woolley Police Department
LDate 5/i /0 7
Doug Wood Chief of Police .
Date 4/z-9/07,
Eron Berg ay Attorney
U ° / k._ Date. `a 4.4Dr Dom'
Glen M. • •4- son Mayor
J
E. Skagit County Sheriffs Office
Date
Rick Grirnstead Sheriff
17-- --/-------- Date (<
Richard Weyrich Prosecuting Attorney
Date
Sharon D.Dillon, Chair
Date
Don Minks, Commissioner
Date
Kenneth A Dahlstedt, Commissioner
iiLIIØkt!pr )ftIiJJI!
interlocal Agreement for Mutual Aid,8 8 —A Skagit County Auditor
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•
D. Sedro Woolley Police Department
Date
Doug Wood Chief of Police
Date... .
Eron Berg City Attorney
Date
Glen M. Anderson Mayor
E. o heriffs Office
Date /‘-C 7
'cl stead Sheriff
Date 46/01
Ric d yrich Prosecuting Attorney
Date ' zi 7
Sharon D.Dillon, Chair
' _ Date (.- {)1—
n Munks, Commissioner
kiyuYt.a. CI• Date IDA-4-- 6
Kenneth A.Dahlstedt, Commissioner
Approved:
' i-zki. 4.d,..c.rirt___6(_.__-- /7
Risk Manager tt st: /
7
�, 0 i
Deputy Prosecuting Attorney CI of th Board
4)
B dget & ina ce Administrator `` _
IKE])`nJ AU
. it;
6080182
InterlocalAgreement for Mutual Aid,8 8-13 Skagt County Auditor
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SKAGIT COUNTY
Resolution # R20070305
Page 1 of t
RESOLUTION NO.
A RESOLUTION AUTHORIZING EXECUTION OF INTERLOCAL AGREEMENT
WITH SKAGIT COUNTY AND THE CITY OF ANACORTES, WASHINGTON,A MUNICIPAL
CORPORATION OF THE STATE OF WASHINGTON,THE CITY OF BURLINGTON,WASHINGTON,A
MUNICIPAL CORPORATION OF THE STATE OF WASHINGTON„THE CITY OF MOUNT VERNON,
A MUNICIPAL CORPORATION OF THE STATE OF WASHINGTON, THE CITY OF SEDRO
WOOLLEY, WASHINGTON,A MUNICIPAL CORPORATION OF THE STATE OF WASHINGTON
WHEREAS, RCW 39.34, the Interlocal Cooperation Act, and other Washington law, as amended,
authorizes two or more public entities to contract with each other to perform functions which each may
individually perform:and,
WHEREAS, The above listed agencies provide Law Enforcement services to the citizens in their
respective cities and enforce the law of the State of Washington;and
WHEREAS, There has been a significant change in areas of responsibility where the Skagit County
Sheriffs Office now contracts with the Town of Concrete for Law Enforcement services and there has been
personnel changes in the various agencies and the need for an updated signature page;and
WHEREAS, All agencies represented feel it necessary to work in cooperation with each other to
provide the best Law Enforcement Service possible to the citizens of Skagit County by pooling resources when
necessary:
NOW, THEREFORE, BE IT RESOLVED AND IT IS HEREBY ORDERED, That an Interfacial
Agreement between Skagit County and the City of Anacortes, the City Burlington, the City of Mount Vernon
and the City of Sedro Woolley be established, now and in the future, to provide Mutual Law Enforcement
service to the citizens of Skagit County.
PASSED this±1.day of 70O
BOARD OF COUNTY COMMISSIONERS
SKAGIT COUNTY,WASHINGTON
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. onE• SHARON D.DILLON,Chair
{1J:c
-v � MUNKS, Cammi loner
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//'r � i `� 1�\\ NNETH A.DAHLSTEDT,Commissioner
Attest:
Approved as to form: •
SI g County Prpse,outing Attorney
Cie the Boa
LUTION
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