HomeMy WebLinkAbout021020_ra01 Regular Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
DATE: February 10,2020
SUBJECT: BRIEFING re: Olympic Peninsula Narcotics Enforcement Team
(OPNET)
STATEMENT OF ISSUE:
BRIEFING re: Olympic Peninsula Narcotics Enforcement Team (OPNET)
ANALYSIS:
Sheriff Joe Nole, Prosecuting Attorney James Kennedy and Chief Civil Deputy Prosecuting Attorney
• Philip Hunsucker will brief the Commissioners on a proposed new OPNET Interlocal Agreement.
FISCAL IMPACT:
None.
RECOMMENDATION:
Listen to briefing.
WED BY:
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INTERLOCAL MULTIJURISDICTIONAL DRUG TASK FORCE AGREEMENT
OPNET
[Olympic Peninsula Narcotics Enforcement Team]
Terms in Bold are defined within this Agreement
This Agreement is made and entered into in accordance with the provisions of Ch. 39.34 RCW,
this day of , 2020, by and between the Signatories.
1. SIGNATORIES TO THIS AGREEMENT
The Signatories,as defined below, are Clallam County, a political subdivision of the State
of Washington, and other government law enforcement agencies that sign this Agreement,
hereinafter "Signatories," which may include the City of Port Angeles, the City of Port
Townsend, the City of Sequim, Jefferson County, a political subdivision of the State of
Washington, the Washington State Patrol (a state agency), and other State or federal law
enforcement agencies.
2. ASSISTING AGENCIES
Any law enforcement agency may be an Assisting Agency, as defined below. Assisting
Agencies are not subject to the terms of this Agreement and remain solely responsible at
all times for their employees and property in accordance with Chapter 10.93 RCW.
3. PURPOSES
The purposes of this Agreement are to:
A. Create an Interlocal Multijurisdictional Drug Task Force to be known as the Olympic
Peninsula Narcotics Enforcement Team or"OPNET;"
B. Enhance the efforts of the law enforcement agencies of the Participants to combat and
reduce the manufacturing and distribution of controlled substances on the Olympic
Peninsula through a coordinated and concentrated effort by and among law
enforcement agencies located upon the Olympic Peninsula with respect to the
investigation and prosecution of violations of the Uniform Controlled Substance Act,
RCW Ch. 69.50 as well as other major criminal incidents or events having a direct
negative impact on the quality of life of law-abiding citizens residing on the Olympic
Peninsula;
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C. Authorize Participants,through their respective representatives,to execute any and all
necessary documents to apply for grant funding available from any source;
D. Authorize personnel employed by the Participants to participate in the activities of
OPNET according to any work plan established in either a grant application or by the
governing body of OPNET;
E. Authorize personnel employed by the Participants to enter into operation agreements,
such as those adopted pursuant to Ch. 10.93 RCW, if not already established, which
enable such personnel to perform tasks at the direction of OPNET;
F. Confirm that the existing Interlocal Multi-Jurisdictional Drug Task Force Agreement
between some of the Signatories, signed in 2007 is terminated upon the effective date
of this Agreement; and
G. Memorialize the duties, rights and obligations of each of the Participants, the law
enforcement officers of the Participants and any other employees of the Participants
who may perform work duties in furtherance of any of the purposes of this Agreement.
4. DEFINITIONS
A. "Agreement" means this Interlocal Multijurisdictional Drug Task Force Agreement.
B. "Assistance" means the actions of an Assisting Agency in providing to OPNET
resources (for example,personnel, equipment, facilities) in support of an investigation
or operation undertaken by OPNET.
C. "Assisting Agency"means any local government, Tribe, state or federal agency that is
not a Signatory to this Agreement but provides Assistance to an investigation or
operation of OPNET. For example, the U.S. Coast Guard could be an Assisting
Agency.
D. "Damages"means financial compensation paid to a person or entity injured or harmed
as a result of the acts or omissions of one or more Participants (or their employees or
representatives) during an OPNET investigation or operation, including, but not
limited to, compensatory, general, special or punitive damages, attorneys' fees and
court costs.
E. "Drug Fund" means the fund handled by the Clallam County Treasurer known as the
Clallam County Interlocal Drug Fund.
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F. "Executive Board" means the group selected to govern OPNET pursuant to Section
6.
G. "Law Enforcement Work" is defined to include, but not be limited to, any action a
law enforcement officer might take in the course of his or her normal duties of
enforcing the laws of the city, county, state or federal government, including, but not
limited to, initiating community policing, a Terry stop, generating a confidential
informant, making a controlled buy, or preparing or executing a search warrant.
H. "PAO" means Prosecuting Attorney's Office.
I. "Participant" means a Signatory entity that has personnel actually assigned to and
working with OPNET. No entity may become a Participant unless it has previously
become a Signatory.
J. "OPNET" means the task force created by this Agreement.
K. "OPNET Administrator"means the full-time employee provided by Clallam County
as the administrator of OPNET pursuant to Section 14.B.
L. "RCW" means the Revised Code of Washington as it exists now or may be amended.
M. "Signatory" means a local government, or a state or federal agency whose authorized
representative has, pursuant to their authority, executed this Agreement and thereby
bound their entity to comply with the terms and obligations of this Agreement. A
Signatory has no obligation to also become a Participant.
N. "Supervisor" means a person responsible for the day-to-day operation of personnel
assigned to OPNET. This person shall be a detective supervisor from a Participant
other than the Clallam County's Sheriff's Office having the rank of at least a Sergeant
and will report to the OPNET Commander. A Supervisor reports to the OC.
O. "OPNET Commander" or"OC"means the person serving as Chief Criminal Deputy
for the Clallam County Sheriff's Office with ultimate responsibility for the oversight
and supervision of 1) personnel assigned to OPNET and 2) any operations OPNET
may undertake. The OC shall be a commissioned law enforcement officer from the
Clallam County Sheriff's Office having the rank of at least Chief Criminal Deputy.
5. NO SEPARATE ENTITY
It is the express intent of the Participants to NOT create a separate legal entity by virtue
of them agreeing to the terms and conditions of this Agreement. As such, OPNET is not
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a legal entity subject to legal process. OPNET is not a separate agency subject to records
requests made under the Public Records Act, Ch. 42.56 RCW. All public records requests
provided to any person working with OPNET shall be handled pursuant to Section 14.I.
6. GOVERNANCE
A. Overall governance of the OPNET's operations, including the setting of investigative
priorities and general operating policies and procedures as well as decisions about grant
applications, if applicable, shall be vested in the Executive Board.
B. The Executive Board shall, if applicable or required, annually prepare and adopt a
budget for OPNET, doing so no later than March 31 of each year.
C. Each Signatory will appoint someone to serve as its Executive Board member
(typically its chief law enforcement officer) and shall appoint an alternate for its seat
on the Executive Board. A representative of a Signatory may attend an Executive
Board meeting and express opinions, but does not have a vote.
D. Each Participant will have one vote on the Executive Board to be cast by its member
or the alternate if the member is not present at the meeting.
E. The Executive Board will meet not less than four (4) times each year on a regular
schedule, although additional meetings may be called by the OPNET Commander on
not less than one (1) business days' notice. The OPNET Commander is not
responsible for the generation and dissemination of any Executive Board agendas,
instead staff assigned to OPNET will prepare them.
F. A quorum shall be a majority plus one of the total number of Participants.
G. To the extent an OPNET Vice Commander is needed, that position shall be filled by a
member of the Executive Board chosen by the OPNET Commander.
7. DURATION
A. This Agreement shall be effective as of the date when five Signatories, through their
legislative body or authorized person, execute this Agreement.
B. This Agreement shall expire on December 31, 2024, but may automatically be
extended up to five (5) times each for a period of three (3) years unless three or more
Signatories object to said extension in writing during the first four months of the last
year when this Agreement remains in effect.
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8. AMENDMENT or MODIFICATION
A. Only through a writing agreed to and executed by all Signatories (through their
authorized representatives) may this Agreement be modified, revised or amended.
B. Another law enforcement agency may become a Signatory in OPNET upon approval
of its application for membership by the Executive Board and its authorized
representative executing a copy of this Agreement.
9. TERMINATION or WITHDRAWAL
A. Any Signatory may withdraw upon not less than 60 days' written notice to the
Executive Board.
B. If the Signatory wishing to withdraw from this Agreement states that negative revenue
changes requires it to withdraw, then the withdrawal will become effective 30 days
after the date of the written request to withdraw.
C. If, no later than 120 days before this Agreement is to expire pursuant to Section 7.B,
three or more Signatories invoke their right to object to the perpetuation of this
Agreement,then this Agreement shall be deemed null and void as of the next January
1 and the Executive Board will task the Clallam County PAO or legal counsel for
another Signatory with generating a new interlocal agreement for review and possible
approval by those government agencies and entities wishing to continue with OPNET
or a similar successor cooperative.
D. Any Signatory who has invoked its Section 9.C. objection right shall explain in writing
why it has objected and should, if possible, propose text for insertion into the new
interlocal agreement.
10. DISSOLUTION
A. Dissolution of OPNET may occur under two circumstances:
i. If all Signatories have submitted a written "Request for Dissolution" to the
Executive Board on or before September 1 of any year while this Agreement is in
effect, then the dissolution shall become effective the following January 1. A
Signatory may submit a"Request for Dissolution" for cause or no cause at all.
ii. If the objection process has been invoked in accordance with Section 9.C., and no
two Signatories have agreed to and executed a successor agreement to continue
OPNET or create a successor multijurisdictional drug task force by December 1 of
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that same year, then OPNET shall be deemed dissolved effective the following
January 1.
B. Upon dissolution of OPNET in accordance with this Agreement, any funds in the
Drug Fund as of the dissolution date shall be divided equally among the Signatories.
C. Upon dissolution of OPNET in accordance with this Agreement,any items of personal
property belonging to OPNET (as differentiated from personal property belonging to
a Signatory or a Signatory's employee) shall be made available by the Executive
Board for sale to a Signatory or any other interested public entity or local government
at a price to be established by Clallam County in accordance with Washington State
surplus laws and policies. The cash proceeds of such sale(s) shall be divided equally
among all the Signatories.
D. Upon dissolution of OPNET all equipment and items of personal property provided by
any Signatory to OPNET to further its purposes shall be returned to that Signatory.
11. FINANCING and BUDGETING
A. Nothing in this Agreement requires or mandates that any Signatory must appropriate
or expend any monies or resources (e.g., personal property) in furtherance of the
purposes of this Agreement, instead each Signatory makes personnel or resources
available to further OPNET's purposes on a voluntary basis and retains full discretion
as to what personnel or resources will be devoted to or supplied to OPNET.
B. OPNET revenue and expenditures will be handled by the Clallam County Treasurer
by and through the Drug Fund. Any funds in the Drug Fund prior to the effective
date of this Agreement are subject to the terms and conditions of this Agreement.
C. The Clallam County Treasurer will disburse the monies found in the Drug Fund
according to such standards and directions as is provided by the Executive Board
through the Clallam County annual budgeting process.
D. Any grant funds received by OPNET will be deposited in the Drug Fund.
E. All interest earned on monies in the Drug Fund shall be credited to the Drug Fund
and remain there until disbursed according to this Agreement.
F. The OPNET Commander shall maintain a fund of ready cash so that day-to-day needs
of OPNET may be met. This fund shall be called the "Operations Fund" and shall
initially consist of an amount to be determined by the OC upon the advice and consent
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of the Executive Board. To the extent such a fund for a similar purpose preexists the
effective date of this Agreement,that preexisting fund will be renamed the"Operations
Fund." Said "Operations Fund" shall be kept and maintained at such location and in
such a manner as the OC shall determine, subject to the Washington State Auditor's
standards on investigation funds and other such other requirements as the Executive
Board or the State Auditor may establish.
12. DUTIES OF ALL SIGNATORIES
A. Hire, supervise and train in a manner consistent with federal and state law all personnel,
including commissioned law enforcement officers, who are assigned, appointed or
designated to work on behalf of or for OPNET.
B. Maintain the current active status of the commissions held by law enforcement officers
the Participant assigns, appoints or designates to work on behalf of or for OPNET,
including but not limited to training, education, and gun range certification.
C. Maintain insurance or membership in a risk pool that provides to the Signatory entity
self-insurance or financial coverage for third-party liability in amount of not less than
Ten Million Dollars ($10,000,000.00). Proof of active membership in a Ch. 48.62
RCW "Risk Pool" through providing the OPNET Administrator with both a
"Certificate of Coverage" (or similarly titled document) and a copy of the
Memorandum of Liability Coverage (or similarly titled document) containing the text
of the relevant Risk Pool's coverage document shall satisfy this requirement. The
Washington State Patrol, an agency of the State of Washington, warrants that it is self-
insured against liability claims in accordance with the risk management and tort claims
statutes, including Ch. 4.92 RCW and RCW 43.19.760 et seq. Consent from any risk
pool or self-insured organization is not required to make this Agreement effective and
their failure to follow any of these provisions or terms regarding liability does not
relieve other Signatories from any obligation under this Agreement.
D. Appoint an Executive Board member and alternate to the Executive Board member
each year and have either the Member or the alternate attend not less than seventy-five
percent (75%) of the meetings the Executive Board holds during a particular year.
Failure to meet this 75%threshold for attendance will require that Signatory to appoint
a new Member and/or alternate.
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E. All Signatories agree to timely communicate and provide records made pursuant to a
records request to the OPNET Administrator in accordance with Section 14I.
13. DUTIES OF ALL PARTICIPANTS
A. Comply with all duties this Agreement imposes on Signatories.
B. Bear the entire expense of employment for any Participants who are assigned,
appointed or designated to work for OPNET including, but not limited to, wages,
salary, overtime, employer paid taxes, benefits, health insurance and licenses.
C. Be solely responsible for the negligent or intentional acts and omissions of any
Participant who while at work on behalf of OPNET performed(or failed to perform)
such acts,thereby causing injury or damage to a third party.
D. To inform the OC (upon not less than three business days' notice) in writing of a
Participant's decision to withdraw their personnel from OPNET, i.e., to return to
Signatory status. Withdrawals may be temporary and may be reversed at any time at
the complete discretion of a Signatory.
14. ADDITIONAL DUTIES OF PARTICIPANT CLALLAM COUNTY
A. Serve as the applying or signatory local government or agency for any grant application
OPNET might, through its Executive Board, make.
B. Provide at its own expense a full-time employee to serve as the OPNET
Administrator.
C. Provide financial services for OPNET by and through its Treasurer, for which the
County shall be paid the sum of one percent (1%) of the end fund balance as of
December 31st of each year,payable to the County's general fund on or before January
31St of the next year.
D. Maintain the active bar licenses of all deputy prosecuting attorneys who may prosecute
cases on behalf of OPNET, be they criminal or civil in nature.
E. Prosecute through its Prosecuting Attorney's Office(or"PAO")all felony cases arising
from OPNET operations if said OPNET operations occurred within Clallam County.
F. Prosecute through its PAO all misdemeanor cases arising from OPNET operations if
said OPNET operations occurred within the unincorporated portions of Clallam
County.
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G. To the extent a city located within Clallam County has contracted with the Clallam
County PAO to have a deputy prosecutor prosecute misdemeanors, then for any
OPNET-related misdemeanors occurring within the boundaries of that City the
Clallam County PAO shall prosecute same.
H. To provide the limited legal representation for OPNET as provided above in Section
17.A. or provide a full defense in accordance with Section 17.B.
I. In an effort to provide a requestor with the fullest assistance, the Clallam County
Sheriff's Office agrees to be the primary agency in receiving responding and res ondin to records
requests made pursuant to Chapter 42.56 RCW. The OPNET Administrator will
timely contact Signatories and coordinate collection of records from all Signatories
who may have responsive records. The Clallam County Sheriff's Office and the
OPNET Administrator are responsible for establishing and enforcing response
timelines by which Signatories must provide responsive records, in consultation with
the relevant Signatories. If a Signatory fails to timely respond or provide responsive
records, the Clallam County Sheriff's Office and the OPNET Administrator may
discontinue such collection and coordination and direct the requestor to a Signatory.
15. CIVIL FORFEITURES
A. The Signatories known as Clallam County, the City of Port Angeles, the City of
Sequim, and Jefferson County will rotate on an annual basis the responsibility for
providing the legal resources necessary to prosecute to resolution civil forfeitures of
real and personal property arising from operations and investigations undertaken by
OPNET. To begin the rotation the Clallam County PAO will be responsible for
prosecution of any OPNET operation or investigation having a file number that begins
with 2019 or 2020, with the attorney for the City of Port Angeles in charge of 2021
cases, the City of Sequim's attorney in charge of 2022 cases, and the Jefferson County
PAO in charge of 2023 cases. The rotation shall continue in that same order after 2023.
In no event will a hearing officer and attorney from the same jurisdiction be assigned
to the same case or a substantially related case.
B. All seizures for civil forfeitures will be conducted in accordance with the requirements
of the section of the RCW under which the civil forfeiture is undertaken, which may
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include RCW 7.68.320, RCW 9.41.098, RCW 9A.88.150, RCW 10.105.010 and
RCW 69.50.505.
C. Before any seizure for civil forfeiture can be undertaken, written approval must first be
obtained from the OPNET Commander, and then from the attorney for the Signatory
then responsible for prosecution of civil forfeitures pursuant to Section 15.A.
D. No civil forfeiture shall be prosecuted to conclusion until the related criminal case has
been completed. Every reasonable effort shall be made to obtain a stay from the court,
or hearing officer, as applicable, responsible for deciding each civil forfeiture case,
while the related criminal case is proceeding. Stays should not exceed 90 calendar days.
E. The Signatory then responsible for civil forfeitures pursuant to Section 15.A. shall
contact the prosecutor responsible for any related criminal case to determine whether
the criminal case is still pending during the stay. If the underlying criminal case is still
unresolved, the Signatory may try to obtain additional stays from the court or hearing
officer, as applicable until the criminal case is resolved.
F. All civil forfeitures will be advanced in the name of the local government currently
responsible for civil forfeitures under Section 15.A. rather than OPNET.
G. In accordance with RCW 69.50.505, cash proceeds from any forfeiture or sale of drug
forfeiture property seized by OPNET shall be delivered to the Clallam County
Treasurer for deposit in the Drug Fund. The Clallam County Treasurer will forward
to the State of Washington,the State's share and for each such transfer provide a receipt
by name or number to the OPNET Administrator.
H. All cash,property and proceeds from property forfeited by OPNET pursuant to RCW
69.50.505 shall be managed and disbursed only as provided in said RCW.
I. The attorneys for the Signatory then responsible for civil forfeitures shall have and
shall retain complete discretion to not prosecute or to dismiss or settle those civil
forfeitures deemed by them and/or the OC to not justify prosecution because of the
circumstances of the seizure and/or the de minimis amounts of personal property
involved.
J. The OC, with the approval of the Executive Board, shall put into writing a policy
stating what shall be considered de minimis value for a given civil forfeiture and such
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policy, including all amendments, will be provided to all Signatories responsible for
civil forfeitures.
16. PROPERTY AND EQUIPMENT
All property (e.g., vehicles, computers, weapons) shall remain the property of the
Signatory who purchased and paid for said property, EXCEPT for the following
categories of property, which if in the possession of OPNET must be used only for such
law enforcement purposes as are established by the Executive Board:
A. Personal or real property seized and forfeited as a result of or by OPNET and retained
for use by OPNET personnel to further the purposes of OPNET; and
B. Personal or real property paid for or obtained by Clallam County as the successful
applicant for grant funding to further the purposes of OPNET.
For the disposition of property and equipment if OPNET is dissolved see Section 10.
17. INITIAL DEFENSE OF OPNET
A. Should OPNET be named as a defendant or third party defendant in a civil lawsuit in
which Damages are sought,then Clallam County shall provide limited and initial legal
representation for OPNET and will as soon as practicable move the court for a ruling
that OPNET is not a legal entity capable of being sued, and, therefore, the aggrieved
party or parties must refile their lawsuit or action naming the tortfeasors and their
Participant agencies as separate defendants or third party defendants if that
Participant provided Law Enforcement Work now being complained of.
B. Upon the success of such a motion and the refiling of the complaint or action, each
Participant named as a defendant or third-party defendant in the lawsuit or action will
be solely responsible for selecting and retaining legal counsel for itself and any named
employee, and their legal expenses and costs. Participants will not share attorney fees
among each other unless the Participants specifically agree to have one attorney
represent all parties in any particular legal action. Participants agree to cooperate to
the extent possible, if within their respective clients' best interests, to share non
attorney-fee related defense costs, such as records gathering, trial exhibit preparation,
and retention and payment for expert witnesses.
C. If a court chooses not to dismiss the civil litigation against OPNET, then Clallam
County will continue to defend OPNET. Clallam County will assume lead status but
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agrees to consult with and keep all other named Participants fully informed of case
status.
18. INDEMNIFICATION
A. Pursuant to RCW 10.93.040 and RCW 10.93.050, personnel assigned, appointed or
designated to work on behalf of OPNET remain and are employees of the Participant
that assigned, appointed or designated those personnel. Each Participant shall be
solely and exclusively responsible for Damages caused by their employees acting
within the course and scope of their employment and their assignment with OPNET,
except as stated in Section 18.B. The personnel assigned, appointed or designated to
work for OPNET shall continue under the employment of that Participant for
purposes of any losses, claims, Damages, or liabilities arising out of or related to the
services provided to OPNET or the activities of OPNET.
B. Each Participant shall defend, indemnify and hold harmless every other Participant
and its elected or appointed officers, officials, employees, agents and volunteers from
any and all claims, injuries, Damages, losses or suits including attorney fees and court
costs, arising out of or resulting from the fault of the Participant.
C. Should a court of competent jurisdiction determine that this Agreement is subject to
RCW 4.24.115,then, in the event of liability for Damages caused by or resulting from
the concurrent fault of the any of the Participants (including their elected and
appointed officers, officials, employees, and agents) each Participant's liability,
including the duty and cost to defend under this Agreement shall be only to the extent
of each Participant's fault.
D. It is further specifically and expressly understood that the indemnification provided in
this Agreement constitutes each Participant's waiver of immunity under Industrial
Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver
has been mutually negotiated by the Participants.
E. Each Participant shall give written notice of any act or occurrence that the Participant
reasonably believes may lead to a claim or a demand. Such notice shall be given within
5 days after the act or occurrence has come to the notifying Participant's knowledge.
F. The provisions of this section shall survive the expiration or termination of this
Agreement.
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19. SHARED DEFENSE
A. Nothing in this Agreement prevents the Participants from discussing and entering into
a Joint Defense Privilege and Confidentiality Agreement(JDPCA).
B. Ultimate approval of executing the JDPCA rests with the legislative bodies of the local
government Signatories and the Chief of the Washington State Patrol or his or her
designee. Signatories are not required to enter into a JDPCA, and a Signatory may
decline to enter into a JDPCA.
C. Should a JDPCA be signed each Signatory understands that it is represented only by
its own legal counsel and that each legal counsel who may sign a JDPCA for his or her
client has a duty to preserve confidences disclosed to them by their client.
D. The existence of a JDPCA does not alter,void or diminish the authority of a Signatory
to separately resolve, settle or move to dismiss litigation where a Signatory is a
defendant or third-party defendant. However, the Clallam County PAO requests that
it be kept reasonably advised of any effort by a Signatory to separately resolve, settle
or dismiss a lawsuit against that Signatory when such lawsuit has OPNET or any other
Signatory as a named party.
20. DISPUTE RESOLUTION
A. Should a dispute arise between two or more Signatories, the first level of dispute
resolution shall be an in-person conference between the chief law enforcement officers
of each Signatory that are part of the dispute. Within 7 calendar days of the in-person
meeting, the chief law enforcement officers shall issue a written decision whether the
dispute is resolved or can be sent to the Executive Board.
B. If the first level fails to resolve the dispute,the Signatories may seek dispute resolution
from the Executive Board by sending it a written notice within 14 calendar days of
receipt of the written decision by the chief law enforcement officers. A Signatory may
decline dispute resolution from the Executive Board.
C. Within 21 calendar days of learning that the dispute has rose to the Executive Board
level, the Executive Board will convene and hold an informal hearing, where each
disputing Signatory can present its case and propose a resolution. The rules of
evidence will not apply to the hearing before the Executive Board. No Executive
Board member from a Signatory that is involved in the dispute may vote on the
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decision of the Executive Board. The Executive Board, by a majority vote of those
present and able to vote, will issue a written and final decision within 10 business days
of the informal hearing. The decision of the Executive Board cannot be appealed.
D. If the dispute resolution methods listed in Sections 20.A. and 20.B. above fail,then the
parties in dispute have available to them all other formal or informal dispute resolution
methodologies.
E. Nothing in this Agreement shall be construed to limit the Signatories' choice of a
mutually acceptable Alternative Dispute Resolution method in addition to the dispute
resolution procedure outlined above.
F. The rights and remedies provided in Section 20 shall not be exclusive and are in
addition to any other rights and remedies provided by law or under this Agreement.
However, a Signatory must first attempt resolution of the dispute using the procedures
in Section 20.A. before filing a lawsuit against one or more of the Signatories.
21. GOVERNING LAW and VENUE
A. This Agreement has been and shall be construed to have been made and delivered in
the State of Washington and all Signatories mutually agree and understand that this
Agreement shall be governed by the laws of the State of Washington, both as to
interpretation and performance.
B. All Signatories have had the opportunity to have this Agreement reviewed by their
legal counsel prior to executing it and binding themselves to its terms and obligations,
and, therefore, no court shall draw inferences against the drafters of this Agreement.
22. SEVERABILITY
A. All Signatories agree that if any part of this Agreement is found to be unlawful, the
validity of the remaining provisions shall not be affected, meaning the rights and
obligations of the Signatories shall be construed as if the Agreement did not contain
the unlawful provision or text.
B. Should it appear that any provision of this Agreement is in conflict with any statute of
the United States or the State of Washington, then said provision shall be deemed
inoperative and null and void or may be modified to conform with the applicable
statutory language.
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23. INTEGRATION
This Agreement supersedes and replaces any previous "Interlocal Multi-Jurisdictional
Task Force" Agreement that may have been executed by and among the Signatories. No
other understandings, oral or otherwise, regarding the subject matter of this Agreement
shall be deemed to exist or to bind any of the Signatories.
24. WAIVER
Waiver of any breach by a Signatory of any term, condition or obligation found within
this Agreement shall not be deemed to constitute a waiver of any prior or subsequent
breach. No term, condition or obligation found within this Agreement shall be held to be
waived, modified or deleted except by an instrument in writing signed by all Signatories
and expressly modifying, amending or revising this Agreement.
25. HEADINGS
The headings to the Sections of this Agreement are solely for the convenience of the
parties to the Agreement and shall not serve as an aid in the interpretation of the
instrument.
26. RECORDING
Once executed by five Signatories, this Agreement will be recorded with the Clallam
County Auditor and placed on the web page for the Clallam County Sheriffs Office.
27. MULTIPLE COPIES
Each Signatory may execute a separate copy of this Agreement and the distinct signature
pages once compiled by Clallam County will reflect the assent of each of these Signatories
to the terms and conditions of this Agreement.
(SIGNATURES ARE ON THE FOLLOWING PAGES)
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The undersigned are the authorized officials of the political subdivision of the State of
Washington known as Clallam County. By their signatures below they authorize Clallam
County to assume Signatory status pursuant to the terms and obligations under this Agreement
and,when deemed appropriate by the Clallam County Prosecuting Attorney or Sheriff,to provide
personnel to OPNET. In such circumstances, the undersigned also acknowledges, understands,
and accepts all additional responsibilities and liabilities associated with this heightened status
under this Agreement.
Clallam County Board of County Commissioners
Mark Ozias, Chair of the Commission
Date
Clallam County Sheriff's Office
William L. Benedict, Sheriff
Date
Clallam County Prosecutor's Office
Mark B. Nichols, Prosecuting Attorney
Date
Approved as to form only
David Alvarez, Date
Chief Civil Deputy Prosecuting Attorney
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The undersigned are the authorized officials of the political subdivision of the State of
Washington known as Jefferson County. By their signatures below they authorize Jefferson
County to assume Signatory status under this Agreement and, when deemed appropriate by the
Jefferson County Prosecuting Attorney or Sheriff provide personnel to OPNET. In such
circumstances, the undersigned also acknowledges, understands, and accepts all additional
responsibilities and liabilities associated with this heightened status under this Agreement.
Jefferson County Board of County Commissioners
Greg Brotherton, Chair
Date:
Jefferson County Sheriff
Joe Nole, Sheriff
Date:
Jefferson County Prosecuting Attorney
James Kennedy, Prosecuting Attorney
Date:
Approved as to form only
Philip C. Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
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The undersigned are the authorized officials of the political subdivision of the State of
Washington known as the City of Port Angeles. By their signatures below they authorize the City
of Port Angeles to assume Signatory status under this Agreement and, when deemed appropriate
by the Chief of Police of the City of Port Angeles Police Department provide personnel to OPNET.
In such circumstances,the undersigned also acknowledges, understands, and accepts all additional
responsibilities and liabilities associated with this heightened status under this Agreement.
City of Port Angeles
By:
Title:
Date:
Approved as to form only
City Attorney, Date
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The undersigned are the authorized officials of the political subdivision of the State of
Washington known as the City of Sequim. By their signatures below they authorize the City of
Sequim to assume Signatory status under this Agreement and, when deemed appropriate by the
Chief of Police of the City of Sequim Police Department provide personnel to OPNET. In such
circumstances, the undersigned also acknowledges, understands, and accepts all additional
responsibilities and liabilities associated with this heightened status under this Agreement.
City of Sequim
By:
Title:
Date:
Approved as to form only
City Attorney, Date
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The undersigned are the authorized officials of the Washington State Patrol. By their signatures
below they authorize the Washington State Patrol to assume Signatory status under this
Agreement and, when deemed appropriate by the Chief of Washington State Patrol provide
personnel to OPNET. In such circumstances, the undersigned also acknowledges, understands,
and accepts all additional responsibilities and liabilities associated with this heightened status
under this Agreement.
Washington State Patrol
By:
Title:
Date:
WSP Contract No.: K15194
Approved as to form only
Ass't Attorney General Date
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