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INTERLOCAL MULTIJURISDICTIONA.L DRUG TASK FORCE AGREEMENT
OPNET- Clallam County Contract No. 1 1 008-20-0 1.
[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 CJh. 39.34 RCW,
this / day of 9vtin..t ,2020, by and between the Signatories.
•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 learns 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.
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E. "Drug Fund"means the fund handled by the Clallam County Treasurer known as the
Clallam County Interlocal Drug Fund.
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.
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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 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.
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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.
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
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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 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.
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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 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
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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.
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
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December 31 s1 of each year, payable to the County's general fund on or before
January 31 s`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.
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 and responding 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
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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 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
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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
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.
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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
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 t'¢6 any of the Participants (including their elected and
appointed officers, officials, employees, and agents) each Participant's liability,
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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.
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
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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
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
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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.
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
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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 Sheriff's 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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Clallam County Contract#11008-20-01
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
a • of the Commission
C
0'10•4-0h 3 poad
Date
Clallam County Sheriff's Office
William L. Benedict, Sheriff
cti 2-02
Date
Clallam County Prosecutor'
Mark B. Nichols, Prosecuting Attorney
��;1 Z, 2c20
Date
Approved as to form only
David Alvarez, Date
17 - Version 4.9-January 29, 2020
Clallam County Contract#1 1 008-20-0 1
Chief Civil Deputy Prosecuting Attorney
18 -Version 4.9 -January 29, 2020
Clallam County Contract#11008-20-01
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 UPNET.
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: Angeles__
Title: 4� , ,. 1 it 4.Vot
Date: 3/17 io 7io
Appr ved as to form only
.%‘11 ` 1
(:ity A orncy. Date i -�„o
1-
18 -Version 4,9-January 29,2020
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 Count Board of County Commissioners
Greg 3rothcrton, Chair
Date: Y p'3010
Jefferson County Sheriff
N
Joe N e, Sheriff ,�
Date: �t_f c(• 1°
Jefferson County Prosecuting Attorney
Jame Kennedy, os outing Attorney
Date: C. ct6
•
Approved as to form only
frc 0 Zfl
Philip C. Hunsucker, Uate
Chief Civil Deputy Prosecuting Attorney
17 -Version 4.9-January 29,2020
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 offSSequim !
By: ( / • „4,44X
Title: C t l`/ aNGI.Qir"
Date: 2/2 `f/2 O
Approved a to f arm only
a�a8rraoa..C�
ity Attorney, Date
19-Version 4.9-January 29,2020
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.
Washi S e Par
By: -joio,l y e exa nde4--
Title: I ,
Date: lo/S,�D„.
WSP Contract No.:K15194
Approved as to form only
Ass't Attorney General Date
20-Version 4.9-January 29,2020
Regular Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of Commissioners
Philip Morley, County Administrator
FROM: Philip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney
DATE: February 18,2020
RE: OPNET Interlocal Agreement
STATEMENT OF ISSUE:
The City of Port Angeles, the City of Sequim, Clallam County, Jefferson County and the
Washington State Patrol have spent months negotiating an Interlocal Agreement for mutual
assistance that will benefit all the parties. Should the Board of County Commissioners
approve the agreement?
ANALYSIS:
The parties need to call on each other's resources in times where the resources of one
department are insufficient to protect the citizens of the Olympic Peninsula. This agreement
provides a method for doing so in an organized way, that limits the exposure of the parties.
This agreement makes significant improvements over the prior interlocal agreement from
which Jefferson County withdrew in 2016. These improvements to the agreement and the
benefits of the agreement were discussed in detail at two briefings to the Commissioners by
the Prosecuting Attorney, the Sheriff and staff, including a briefing on February 10, 2020,
which can be viewed on AvCapture at
https://media.avcaptureall.com/session.html?sessionid=429c77df-ee3 b-43 5 8-afd7-
e3518f294536&prefilter=845,5958, starting at about 037:59.
The PowerPoint presentation given on February 10, 2020, along with the agreement approved
by counsel for the parties is attached.
FISCAL IMPACT:
The precise fiscal impact is difficult to assess, but the Sheriff believes it will result in a net
financial and operational benefit to the Sheriff's Office and the County.
1
Regular Agenda
RECOMMENDATION:
Approve the agreement.
DEPARTMENT CONTACT:
Philip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney at Extension 219
REVIEWED BY:
j/6
Philip Mor , County Administra r Date
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CONTRACT REVIEW FORM
CONTRACT WITH: Cities of PA & Sequim, Clallam County & WSP
(Contractor/Consultant)
CONTRACT FOR: O P N E T ILA TERM: Ends 12/31/24
COUNTY DEPARTMENT: PAO and Sheriff
For More Information Contact: Philip C. Hunsucker, Chief Civil DPA
Contact Phone #:
RETURN To: Philip Hunsucker 'RETURN BY February 20, 2020
(Person in Department) (Date)
AMOUNT: N/A PROCESS: Exempt from Bid Process
Consultant Selection Process
Revenue: N/A — Cooperative Purchase
Expenditure: N/A _ Competitive Sealed Bid
Matching Funds Required: N/A _ Small Works Roster
Sources(s) of Matching Funds N/A _ Vendor List Bid
_ RFP or RFQ
X Other
Step 1: REVIEW BY RISK MANAGEMENT
Review by:
Date Reviewed:
❑ APPROVED FORM n Returned for revision(See Comments)
Comments
Step 2: REVIEW BY PRE� ��' G ATTORNEY
Review by: �' _ Philip C. Hunsucker, Chief Civil DPA
Date Reviewed: 2/13/2020
n APPROVED AS TO FORM ❑ Returned for revision(See Comments)
Comments Please approve as is. It took months of multi-party negotiation to get this agreement in final form. Thanks.
Step 3: (If required) DEPARTMENT MAKES REVISIONS & RESUBMITS TO
RISK MANAGEMENT AND PROSECUTING ATTORNEY
Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF
ORIGINALS
Step 5: SUBMIT TO BOCC FOR APPROVAL
Submit originals and 9 copies of Contract, Review Form,and Agenda Bill to BOCC Office.
Place"Sign Here"markers on all places the BOCC needs to sign.
MUST be in BOCC Office by 4:30 p.m. TUESDAY for the following Monday's agenda.
(This form to stay with contract throughout the contract review process.)