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HomeMy WebLinkAbout082420_ca02JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Julie Shannon, Executive Secretary II DATE: August 24, 2020 SUBJECT: RESOLUTION Authorizing Execution of an Interlocal Cooperative Law Enforcement and Cross-Deputization Agreement re: Mutual Law Enforcement Assistance; Jefferson County Sheriff's Office; The Hoh Tribe STATEMENT OF ISSUE: The Board of County Commissioners are asked to approve a Resolution authorizing execution of an Interlocal Cooperative Law Enforcement and Cross-Deputization Agreement re: Mutual Law Enforcement Assistance; Jefferson County Sheriff's Office; The Hoh Tribe ANALYSIS: This Agreement is to provide mutual law enforcement assistance in a corporative approach for mutual aid and to enhance public safety for all persons and property with the Reservation, on Off -Reservation Indian Trust Lands and within Jefferson County. It has mutually been negotiated between the Sheriff's Office and the Hoh Tribe with assistance from the Chief Civil Deputy Prosecution Attorney. FISCAL IMPACT: No Dollar Amount RECOMMENDATION: Approve the Resolution and sign the Cooperative Law Enforcement Agreement. RFXMWVD BY: ( aPhilip ZMorl &y-ounty—dministrator Date COUNTY OF JEFFERSON State of Washington In the Matter of Adopting an Interlocal } Cooperative Law Enforcement and Cross- } RESOLUTION NO. Deputization Agreement Between the Hoh } Indian Tribe and Jefferson County } WHEREAS, the Hoh Indian Tribe (Hoh Tribe) has informed the Jefferson County Sheriff (Sheriff) that it is attempting to start its own tribal police department; and, WHEREAS, Jefferson County and the Sheriff wish to support the Hoh Tribe in its effort to start successfully its own tribal police department; and, WHEREAS, the Hoh Tribe, Jefferson County and the Sheriff's Office have for many years had a services agreement under which the County and the Sheriff agreed to provide law enforcement services to the Hoh Tribe and the Hoh Tribe agreed to pay the County for those services; and, WHEREAS, the Hoh Tribe, Jefferson County and the Sheriff wish to continue their relationship through an Interlocal Cooperative Law Enforcement and Cross-Deputization Agreement (ILA); and, WHEREAS, the Hoh Tribe and the County have certain law enforcement powers on the Reservation and on the Off -Reservation Indian Trust Land; and WHEREAS, the Hoh Tribe and the County recognize that each has the responsibility for protecting human life and property and to preserve the peace within their respective jurisdictions; and WHEREAS, the Hoh Tribe and the County agree that effective law enforcement depends on a cooperative approach for their mutual aid and to enhance public safety for all persons and property within the Hoh Tribe's Reservation, on the Hoh Tribe's Off - Reservation Indian Trust Lands, and within the County; and WHEREAS, the Hoh Tribe and the County each desire to enter into the ILA to effectuate efficient law enforcement within their respective jurisdictions; and WHEREAS, the ILA establishes a process by which the Hoh Tribal Police Chief may grant Hoh Tribal Police Special Commissions to members of the Jefferson County Sheriffs Office and the Jefferson County Sheriff's Office may grant law enforcement commissions to members of the Hoh Tribal Police Department; and WHEREAS, all officers commissioned under the ILA must meet the standards of Chapter 10.93 RCW and the Training Standards adopted by the Washington State Criminal Justice Training Commission; and Page 1 of 2 WHEREAS, the Hoh Tribe and the County each respects the sovereignty and political integrity of the other, and each party desires to have an interlocal agreement reflecting a full government -to -government relationship regarding criminal jurisdiction and the Mutual Aid of Peace Officers Powers Act (Chapter 10.93 RCW). NOW, THEREFORE, BE IT RESOLVED, by the Board of Jefferson County Commissioners that the Interlocal Cooperative Law Enforcement and Cross-Deputization Agreement attached as Appendix A is approved is consistent with the Washington Interlocal Cooperation Act (Chapter 39.34 RCW), the Washington Mutual Aid Peace Officers Powers Act (Chapter 10.93 RCW), and ARTICLE IV, SECTION 1(a) of the Constitution of the Hoh Tribe and shall be signed by the Board of Jefferson County Commissioners. APPROVED AND ADOPTED this day of , 2020. SEAL: ATTEST: Carolyn Gallaway, CMC Deputy Clerk of the Board JEFFERSON COUNTY BOARD OF COMMISSIONERS Greg Brotherton, Chair David Sullivan, Member Kate Dean, Member Page 2 of 2 APPENDIX A INTERLOCAL COOPERATIVE LAW ENFORCEMENT AND CROSS-DEPUTIZATION AGREEMENT BETWEEN THE HOH TRIBE AND JEFFERSON COUNTY 4�`'ON C O r~ INTERLOCAL COOPERATIVE LAW ENFORCEMENT AND CROSS-DEPUTIZATION AGREEMENT BETWEEN THE HOH TRIBE AND JEFFERSON COUNTY This Agreement (defined below) is to provide mutual law enforcement assistance is entered into between the Hoh Tribe (defined below) and the County (defined below). Both parties (defined below) are "public agencies" as defined in RCW 39.34.020, and are authorized to enter into this Agreement by Washington's Interlocal Cooperation Act (Chapter 39.34 RCW). RECITALS WHEREAS, the Reservation (defined below) is wholly located in Jefferson County, Washington; and WHEREAS, Off -Reservation Indian Trust Land (defined below) also is located within Jefferson County, Washington; and WHEREAS, the Hoh Tribe and the County have certain law enforcement powers on the Reservation and on the Off -Reservation Indian Trust Land; and WHEREAS, the Hoh Tribe and the County recognize that each has the responsibility for protecting human life and property and to preserve the peace within their respective jurisdictions; and WHEREAS, the Hoh Tribe and the County agree that effective law enforcement depends on a cooperative approach for their mutual aid and to enhance public safety for all persons and property within the Reservation, on Off -Reservation Indian Trust Lands, and within the County; and WHEREAS, the Hoh Tribe and the County each desire to enter into this Agreement to effectuate efficient law enforcement within their respective jurisdictions and intend to memorialize this mutual desire reflected in Resolutions adopted by their respective governing bodies to approve this Agreement; and 1 WHEREAS, this Agreement establishes a process by which the Hoh Tribal Police Chief may grant Hoh Tribal Police Special Commissions to members of the Jefferson County Sheriff's Office and the Jefferson County Sheriffs Office may grant law enforcement commissions to members of the Hoh Tribal Police Department; and WHEREAS, all officers commissioned under this Agreement must meet the standards of Chapter 10.93 RCW and the Training Standards adopted by the Washington State Criminal Justice Training Commission; and WHEREAS, the Hoh Tribe and the County each respects the sovereignty and political integrity of the other, and each party desires to have an agreement reflecting a full government - to -government relationship regarding criminal jurisdiction and the Mutual Aid of Peace Officers Powers Act (Chapter 10.93 RCW). NOW, THEREFORE, this Agreement is entered into under the Washington Interlocal Cooperation Act (Chapter 39.34 RCW), the Washington Mutual Aid Peace Officers Powers Act (Chapter 10.93 RCW), and ARTICLE IV, SECTION 1(a) of the Constitution of the Hoh Tribe, and the parties agree as follows: 1. Definitions. As used in this Agreement, a. "Agreement" means this Interlocal Cooperative Law Enforcement and Cross- Deputization Agreement. b. "Approved Deputy Sheriff'means a law enforcement officer employed by the County who qualifies as a general authority peace officer under RCW 10.93.020(3) and who is granted a special commission by the Hoh Tribal Police Chief. a. "Approved Tribal Officer" means a law enforcement officer employed by the Hoh Tribe who qualifies as a general authority peace officer under RCW 10.92.020(2)(b) and who is granted a special commission by the Jefferson County Sheriffs Office to exercise the powers of a general authority Washington peace officer under RCW 10.92.020(2 ) (bZ. b. "County" means Jefferson County, Washington, a political subdivision of the State of Washington, whose physical address is 1820 Jefferson Street, Port Townsend, WA 98368 and whose mailing address is P.O. Box 1220, Port Townsend, WA 98368. c. "Designated Offenses" means all violations of the laws of the United States, the State of Washington, Jefferson County, any City in Jefferson County, or the Hoh Tribe, whether civil or criminal, and of any Traffic Code adopted by the Hoh Tribe, the State of Washington, or the County. 2 d. "Hoh Tribe" means the Hoh Indian Tribe, a federally recognized Indian Tribe, whose physical address is 2426 Lower Hoh Road, Forks, Washington 98331 and whose mailing address is P.O. Box, 2196, Forks, WA 98331. e. "Hoh Tribal Police" means the police force of the Hoh Tribe. f. "Hoh Tribal Police Chief' means the person appointed by the Hoh Tribe to run the Hoh Tribal Police. g. "Hoh Tribal Police Special Commission" means a special commission granted in writing to an Approved Sheriff Deputy by the Hoh Tribal Police Chief in accordance with this Agreement. h. "Indian" means a member of the Hoh Tribe or any other federally recognized Indian Tribe. i. "Indian Juvenile" means an Indian who qualifies as a juvenile under the law. j. "JeffCom911 Communication" means a communication through Jeff Com (http://www.jeffcom9l l.us/Default.htm) by dialing or texting 911 or (360) 344- 9779. k. "Jefferson County Sheriffs Office Special Commission" means a Jefferson County Sheriffs Office special commission granted in writing to an Approved Tribal Officer by the Jefferson County Sheriff or designee in accordance with this Agreement. 1. "Parties" means the Hoh Tribe and the County collectively. in. "Party" means one of the parties. n. "Or" means or and and/or. o. "Reservation" means the Hoh Indian Tribe's Reservation established by an Executive Order in 1893 and all territory within the exterior boundaries thereof, including, without limitation, all roads, rights of way, easements and waterways within such exterior boundaries. The Reservation is described by the Hoh Tribe on its website as: The Hoh Reservation consists of 443 acres located 28 miles south of Forks, and 80 miles north of Aberdeen. The Hoh Reservation has approximately one mile of beach front running east from the mouth of the Hoh River, and south to Ruby Beach. See http://hohtribe-nsn.org/our-history/, last accessed on August 15, 2020. A map of the Reservation can be found at the same web address. p. "Tribal Trust Lands" means land, other than land within the Reservation, held by the United States in trust for the Hoh Indian Tribe or for members of the Hoh Indian Tribe. 2. Jurisdiction Preserved. ka Nothing in this Agreement shall be construed to cede or to alter any jurisdiction of either party to this Agreement, to modify the legal requirements for arrest or search and seizure, to otherwise modify legal rights of any person not a party to the Agreement, to accomplish any act contrary to local, state, tribal, or federal law, or to subject the parties to liability to which they would not already be subject by law. 3. Issuing Special Commissions. a. Jefferson County Sheriff's Special Commissions. The Jefferson County Sheriff shall have the sole discretion to grant or deny County Special commissions to Hoh Tribal Police Officers but will consider all requests for Special Commission submitted in writing by the Hoh Tribal Police Chief. To obtain a special commission from the Jefferson County Sheriff, the applicant must meet all the standards required for a Jefferson County Sheriff's Field Deputy then in effect. ii. The Jefferson County Sheriff will not issue a special commission to a Hoh Tribal Police Officer unless that officer who qualifies as a general authority peace officer under RCW 10.92.020(2)(b). The Jefferson County Sheriff shall grant or deny each application in writing within a reasonable time. iii. The Jefferson County Sheriff shall have the sole discretion to revoke or suspend any special commission to H o h Tribal Police Officers under this Agreement. Such suspension or revocation shall be communicated immediately to all parties and shall be confirmed by the Jefferson County Sheriff in writing to the Hoh Tribe Police Chief on the next business day. b. Hoh Tribal Police Chief Special Commissions. i. The Hoh Tribal Police Chief shall have the sole discretion to grant or deny Hoh Tribal Police Special Commissions to Jefferson County Sheriffs deputies but will consider all requests submitted in writing. To qualify for a special commission, the applicant must meet all the standards required for a Hoh Tribal Police Officer then in effect. ii. The Hoh Tribal Police Chief will not issue a special commission to an individual deputy of the Jefferson County Sheriff's Office who qualifies unless that deputy qualifies as a general authority peace officer under RCW 10.93.020(3). The Hoh Tribal Police Chief shall grant or deny each application in writing within a reasonable time. iii. The Hoh Tribal Police Chief shall have the sole discretion to revoke or suspend any special commission to Jefferson County Sheriff's Deputies under this Agreement. Such suspension or revocation shall be communicated immediately to all parties and shall be confirmed by the C! Hoh Tribal Police Chief in writing to the Jefferson County Sheriff on the next business day. 4. Scone of Powers. a. Hoh Tribal Police Special Commissions granted under this Agreement shall authorize an Approved Deputy Sheriff to exercise law enforcement authority of the Hoh Tribal Police on the Reservation and on Tribal Trust Lands, all powers of a Hoh Tribal Police Officer pursuant to applicable law when acting under invitation or at the request of the agency of jurisdiction, under exigent circumstances as set out in Section 4.c., or to help with special events, or as part of collaborative enforcement efforts. b. Jefferson County Sheriff's Office Commissions granted under this Agreement shall authorize an Approved Tribal Officer to exercise within the County, including on the Reservation and on Tribal Trust Lands, all powers of a general authority peace officer pursuant to applicable law when acting under invitation or at the request of the agency of jurisdiction, under exigent circumstances as set out in Section 4.c., or to provide assistance with special events, or as part of collaborative enforcement efforts. C. An Approved Deputy Sheriff or an Approved Tribal Officer acting under a Special Commission granted under this Agreement may act without prior request of the agency of jurisdiction only under exigent circumstances and in accordance with the procedures in Section 4.c. Each jurisdiction's highest-ranking law enforcement officer (either the Hoh Tribal Police Chief or the Jefferson County Sheriff), or designee, shall be notified of the exercise of this special commission at the earliest possible opportunity. d. The powers authorized by special commission under this Agreement do not include the investigation or enforcement of either tribal, state, or federal laws involving game, wildlife, fisheries, forest or other natural resources protection. 5. Out -of -Jurisdiction Law Enforcement Assistance. Pursuant to the Interlocal Cooperation Act (Chapter 39.34 RCW) and the Washington Mutual Aid Peace Officers Powers Act (Chapter 10.93 RCW), the circumstances in which the Jefferson County Sheriff s Office and the Hoh Tribal Police Department are authorized to render assistance in each agency's respective jurisdiction under this Agreement are the following: a. Life or death incidents; b. Accidents or incidents involving serious injury or fatality; c. Crime scenes involving the protection of human life; d. Officer in trouble or officer request assistance; e. Threats to public health or safety; f. Incidents directly affecting public safety or public resource protections; 5 g. Felonies committed in the presence of the respective law enforcement officer; or, h. Misdemeanors committed in the presence of the respective law enforcement officer that pose a risk to the public's health or safety. 6. Exercise of Powers. a. Approved Tribal Officers and Approved Deputy Sheriffs commissioned pursuant to this Agreement shall comply with the applicable constitutional and statutory provisions concerning enforcement of state, tribal, or federal laws, as applicable, when exercising such authority. b. Approved Tribal Officers and Approved Deputy Sheriffs shall make referrals for prosecution resulting from exercise of a Tribal or County Sheriff s Office special commission to the Tribal Police Chief or to the Sheriff, or their respective designee. The Tribal Police Chief or the Sheriff shall make referrals to the appropriate prosecuting authority for their respective jurisdictions for further filing in the appropriate courts, whether federal, state, tribal or municipal. C. The parties shall make active, good- faith efforts on an ongoing basis to identify parcels of Reservation and Off -Reservation Indian Trust Land where historical circumstances raise potential questions about the scope of respective Tribal or County jurisdiction, in order to better understand to which court system to which a matter may or must be referred for prosecution. 7. Operational Protocols a. All Approved Tribal Officers shall at all times remain under the control of the Hoh Tribal Police Department, and shall abide by the rules and regulations of the Hoh Tribal Police Department and shall be subject to the direction of the Hoh Tribal Police Chief or designee. b. All Approved Deputy Sheriffs shall at all times remain under the control of the Jefferson County Sheriffs Office, and shall abide by the rules and regulations of the Jefferson County Sheriffs Office, all municipal laws and regulations, all state laws and regulations, the state and federal constitution, and shall be subject to the direction of the Jefferson County Sheriff or designee. C. In the event that an Approved Tribal Officer or an Approved Deputy Sheriff observes any emergency or life -threatening situation, the Approved Tribal Officer or Approved Deputy Sheriff shall, if feasible, attempt to make radio contact with the appropriate jurisdiction and then shall render such aid or assistance as deemed necessary. In such circumstances, it will be implied that the jurisdiction needs assistance and that the Approved Tribal Officer or Approved Deputy Sheriff is authorized by said agency to provide immediate aid or assistance without further request or delay. rol d. Any Approved Tribal Officer or Approved Deputy Sheriff exercising powers or duties obtained as a result of this Section 7 must give notice to the appropriate jurisdiction and submit a written report within twenty-four (24) hours. Nothing in this paragraph divests the agency of jurisdiction with the ultimate responsibility to respond and cannot refuse to respond in a timely manner. e. The Jefferson County Sheriff's Office agrees to respond to requests for emergency law enforcement assistance from the Hoh Tribal Police Department within reasonable limits as determined by the Jefferson County Sheriff or designee. f. The Hoh Tribal Police Department agrees to respond to requests for emergency law enforcement assistance from the Jefferson County Sheriff's Office within reasonable limits as determined by the Hoh Tribal Police Chief or designee. g. Law enforcement assistance requests may include specialized personnel like search and rescue, certified scuba divers, swift water/river rescue, K-9 units, and emergency medical technicians. h. Each party shall assume the cost of salaries, food, gasoline and any other incidental expenses for their respective equipment and personnel, which are involved in an emergency situation. i. The parties may enter into a separate interlocal agreement on extraordinary costs to address extraordinary personnel overtime, SWAT resources, helicopter/air support, and field office space. j. In order to facilitate a better understanding of the law enforcement duties and expectations of local, federal, state, and tribal law enforcement personnel, the Jefferson County Sheriff's Office and the Hoh Tribal Police may develop more detailed operational or field protocols, including but not limited to, 911 protocols, fire operation protocols, or on -view traffic enforcement protocols. 8. Training a. Any officer or deputy sheriff who is subject to this Agreement or otherwise cross - commissioned shall meet minimum training standards for State certification. Each party to this Agreement is responsible for on -going training as required. b. When feasible but not less than once per year, the parties shall jointly participate in training of cross -commissioned personnel. A record of this training shall be documented and retained in personnel files of both agencies according to current agency policy record retention schedules. Topics may include, but are not limited to, the following: i. This Agreement; ii. Cultural education; iii. Agency policy and procedure; 7 iv. Prosecution requirements; V. Court processes and court document flow; vi. Constitutional issues impacting privacy generally, and to include the Indian Civil Rights Act and Washington State Constitution ARTICLE I, SEC. 7; vii. Federal statutes such as the Tribal Law and Order Act of 2010 (25 U.S. Code § 2801, et seq. ), the Violence Against Women Act (2013 Reauthorization) (34 U.S.C. § 12291, et seq.), and the Indian Child Welfare Act (25 U.S. Code § 1901, et sec.). 9. Report of Exercise of Special Commission Powers. a. Any action taken by an Approved Tribal Officer pursuant to a Jefferson County Sheriff's Office special commission shall be reported immediately to the Jefferson County Sheriff s Office duty supervisor through JeffCom911 Communications. b. Any action taken by an Approved Deputy Sheriff pursuant to a Hoh Tribal Police Department special commission shall be reported immediately to the Hoh Tribal Police Department though JeffCom911 Communications. C. Pursuant to Section 7.d. and this Section 9.c., the Approved Tribal Officer or the Approved Deputy Sheriff shall provide a written report to the other agency of the action taken within twenty-four (24) hours of the enforcement action. Such required report can be written or electronic and may include, depending on jurisdictional requirements, but is not limited to: Notice of Infractions; Criminal Citations; Incident Reports; Follow-up Reports; and any other reports required by the agency of jurisdiction. 10. Evidence and Property Receipting Safeguarding and Retention. Retained evidence or property shall be properly receipted. A complete inventory shall be kept for all retained evidence. All evidence or property so receipted shall be safeguarded and maintained in a secure environment that may be accessed for viewing. A list of all persons with access to the secure environment shall be maintained. A log of the removal and return of any evidence or property shall be kept and shall include the personnel and time. No evidence or property shall be released except upon a court order or a written directive of the Jefferson County Prosecuting Attorney or the Hoh Tribal Prosecutor/Presenting Officer, or his or her designee. 11. Brady Evidence and Notification a. The parties recognize that the cooperation of law enforcement officers, including making court appearances as witnesses, is necessary for the effective prosecution of crimes and offenses resulting from enforcement actions taken pursuant to this Agreement. 8 b. The parties agree to provide officers when necessary as witnesses in the Jefferson County Superior Court, the District Court, the Hoh Tribal Courts or the Federal Courts. C. The Jefferson County Sheriff's Office and Hoh Tribal Police Departments shall include all courts specified in their written procedures on court appearances, indicating that necessary appearances by officers are required in all courts. d. The parties agree to abide by the requirements of the Model Policy for Law Enforcement Agencies Regarding Brady Evidence and Law Enforcement Witnesses who are Employee/Officers adopted by the Washington Association of Sheriffs and Police Chiefs' and therefore, agree to provide the other with Brady material regarding any Approved Tribal Police Officer or Approved Deputy Sheriff who exercises special commission authority under this Agreement. Such Brady material shall include: (i) an approved officer/deputy Sheriff's final determination by a Chief Law Enforcement Executive that said officer/deputy sheriff has a sustained or substantiated finding relating to the officer/deputy Sheriff's dishonesty or untruthfulness, regardless of whether or not discipline was administered; and (ii) notification to the Jefferson County Prosecuting Attorney and the Hoh Tribal Prosecutor/Presenting Officer of any criminal conviction history of an officer/deputy sheriff. Such information or notices shall be given in writing and as soon as practicable. 12. Decertification of Peace Officer Authority. The parties agree to notify all signatories to this Agreement and the Jefferson County Prosecuting Attorney and the Hoh Tribal Prosecutor/Presenting Officer by the next business day, in writing, should an Approved Deputy Sheriff or an Approved Tribal Officer become decertified. 13. Juveniles. The Hoh Tribe and the County agree that offenses committed by Indian juveniles on the Reservation or on Off -reservation Tribal Trust land shall be prosecuted by the Hoh Indian Tribe at the discretion of the Hoh Tribal Prosecutor/Presenting Officer. Ifan Indian juvenile is accused of a crime that occurred on the Reservation or on Off -reservation Tribal Trust land that would constitute a Class A Felony under the Revised Code of Washington, the Hoh Indian Tribe may elect to defer prosecution of the crime by the State of Washington and to request an investigation by the Jefferson County Sheriffs Office. The Jefferson County Prosecuting Attorney or the Hoh Tribal Prosecutor/Presenting Officer may refer an Indianjuvenile case to the United States Attorney for the Western District of Washington. 'https://www.waspc.or�-,/assets/ProfessionalServices/modelpolicies/potentialimpeachmentdisclosurepol icyupdated20 13.pdf, last accessed on August 15, 2020. 6 14. Warrant Service and Civil Process Service. The Hoh Indian Tribe and the County agree to assist one another, when requested, in the execution of search warrants and arrest warrants properly issued by the jurisdiction whose law is applicable. In cases where the County seeks service of criminal or civil papers on persons residing within Tribal jurisdiction, the Sheriff's Office Deputies may serve such papers only after consulting with a Tribal Police Chief, or his designee. 15. Detention. The parties have executed or will execute individual Interlocal Cooperation Agreements for Jail Services for housing arrested persons to be held at either the Jefferson County Corrections Facility or the Clallam County Juvenile Detention Facility. 16. Resolving Citizen Complaints. The parties agree to each maintain and utilize a process that will accommodate citizen or other agency complaints, grievances or concerns regarding their personnel. At minimum, the process will include an inquiry and determination of whether the allegations are sustained or not sustained. All reports generated from complaints on personnel whether Founded, Unfounded, Insufficient Evidence, or other disposition, will be maintained by the appropriate investigating agency according to that party's records retention requirements. 17. Hold Harmless and Indemnification. The Hoh Indian Tribe agrees to assume all liability for the acts or omissions of the Hoh Indian Tribe, its officers, officials, employees, agents and volunteers (and their marital communities). The Hoh Indian Tribe expressly agrees to hold harmless, indemnify and defend the County, the Jefferson County Sheriffs Office, and all their officers, officials, employees, agents and volunteers (and their marital communities) from any and all liability, loss, claim, complaint or damage, including attorney fees and reasonable costs of defense, that result from, arise out of, or are in any way connected with the acts or omissions of Tribal Officers, agents, or employees performing under color of this Agreement. b. The County agrees to assume all liability for the acts or omissions of the Jefferson County Sheriff s Office, and all its officers, officials, employees, agents and volunteers and the County expressly agrees to hold harmless, indemnify and defend the Hoh Tribe, the Hoh Tribal Police Department, and all of its officers, officials, employees, agents and volunteers (and their marital communities) from any and all liability, loss, claim, complaint or damage, including attorney fees and reasonable costs of defense, that result from, arise out of, or are in any way connected with the acts or omissions of from any and all liability, loss, claim, complaint or damage, including attorney fees and reasonable costs of defense, that result from, arise out of, or are in any way connected with the acts or omissions of Sheriffs Deputies, agents, or employees performing under color of this Agreement. 10 C. Neither the Hoh Tribe nor the County shall be held liable for the acts or omissions of employees, agents, or representatives of the other party that are performed under color of this Agreement. d. Obligations under this Section 17 that arise while this Agreement is in effect shall survive termination or expiration of this Agreement. 18. Required Liability Coverage or Insurance. a. Hoh Tribe i. The Hoh Tribe agrees to procure and maintain in force an occurrence - based insurance policy with commercial insurers authorized to write the State of Washington in an amount no less than Ten Million ($10 Million) per occurrence, for all potential liability arising from or connected with any action taken by the Hoh Tribe or its officials, employees or representatives pursuant to this Agreement and including, but not limited to, insuring against claims for false imprisonment, false arrest, public liability, property damage, police professional liability, and violation of civil rights, and shall maintain the police in full force and effect during the life of this agreement. If this Agreement is terminated for any reason, the Hoh Tribe agrees to keep in force this insurance for all actions taken by the Hoh Tribe or its officers, officials, employees, agents and volunteers that result from, arise out of, or are in any way connected with the acts or omissions under this Agreement until such time as the protection from suit is granted by the statute of limitations. The insurance policy shall name the County and all its officers, officials, employees, agents and volunteers (and their marital communities) from any and all liability, loss, claim, complaint or damage, including attorney fees and reasonable costs of defense, that result from, arise out of, or are in any way connected with the acts or omissions of as "additional insured" as relates to performance under this Agreement and the County shall receive, annually, a Certificate of Insurance as evidence of this coverage together with an endorsement adding the County as an additional insured. ii. The parties agree that in discharging this liability coverage obligation, the County shall look first to the proceeds of insurance procured by the Hoh Tribe herein and the policy of insurance obtained by the Hoh Tribe shall prohibit the insurer from asserting a defense of sovereign immunity to the claim made under the policy. The Hoh Tribe agrees to assign over to the County, at its request, any and all of its rights against the insurer to effectuate a payment of its indemnification provision. iii. All immunities enjoyed by County law enforcement officers under state or federal law shall inure to the benefit of each Approved Tribal Officer, when acting pursuant to the terms of this Agreement. 11 b. Jefferson County. The Hoh Tribe acknowledges that Jefferson County has liability coverage with the Washington Counties Risk Pool. The County agrees to maintain coverage with the Washington Counties Risk Pool that is substantially equivalent to coverage provided by the Hoh Tribe pursuant to this Agreement and to provide evidence of coverage to the Hoh Tribe at any time upon request. ii. The parties agree that in discharging this liability coverage obligation, the Hoh Tribe shall look first to the proceeds of liability coverage procured by the County from the Washington Counties Risk Pool and any insurance policies procured by the Hoh Tribe that may provide protection or benefits to the Hoh Tribe arising out of the performance of this Agreement. iii. All immunities enjoyed by Hoh Tribal Officers under state, tribal or federal law shall inure to the benefit of each Approved Deputy Sheriff, when acting pursuant to the terms of this Agreement. 19. Tribe's Limited Waiver of Sovereign Immunity. The Hoh Tribe waives its right to assert sovereign immunity as a defense to any lawsuit or complaint by the County pursuant to Section 17 and consents to the jurisdiction of the courts of the State of Washington to hear and resolve any such lawsuit or complaint. The Hoh Tribe and County agree that Section 17 is the sole process for remedying or resolving disputes that arise under this Agreement and that no other lawsuit or complaint is permitted other than one arising under Section 17. 20. Federal Tort Claims Act. Nothing in this Agreement shall preclude the Hoh Tribe, the County, or their respective employees, agents, or representatives from seeking the benefits and protections of the Federal Tort Claims Act (28 U.S. Code § 2671, et seg.. ). It is expressly agreed and understood that the indemnification provided for in Section 17 is for the benefit of the Hoh Tribe and the County and all their officers, officials, employees, agents and volunteers (and their marital communities) only and there is no intention by the parties to confer any rights under this Agreement to any person or entity who is not a party, intentionally, unintentionally or by implication. 21. Governing Law, Dispute Resolution and Venue. a . This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Washington. Any controversy, dispute, claim or counterclaim of whatever nature arising out of, in connection with, or in relation to the interpretation, performance, or breach of this Agreement, including without limitation any claim based on contract, equity, tort or statute, shall be resolved by final and binding arbitration, provided that the parties shall first seek to resolve any dispute through good -faith negotiation and may, on a case -by -case 12 basis, agree to mediation prior to binding arbitration. The County recognizes that the requirement to first seek to resolve any dispute through good -faith negotiation is a jurisdictional pre -requisite to the limited waiver of the Hoh Tribe's sovereign immunity contained in this Section 21. b . The Hoh Tribe recognizes that the provisions for binding arbitration set out in this Section 21 constitute a limited waiver of the Hoh Tribe's sovereign immunity for purposes of arbitration and for enforcement of any arbitration award or judgment in the Superior Court of Washington for Jefferson County. c . The Hoh Tribe or the County may initiate arbitration by providing written notice of intent to arbitrate to the other party, together with a statement of the matter in controversy. It is the intent of the parties that the arbitration be conducted by a single arbitrator. If within thirty (30) days of the notice of intent to arbitrate, the parties are unable to agree upon such single arbitrator, the Hoh Tribe and the County each may appoint an arbitrator by providing written notice of the name of an arbitrator to the other. If either the Hoh Tribe or the County does not so appoint an arbitrator within ten (10) business days after the other party appoints an arbitrator, the single appointed arbitrator shall act as the sole arbitrator of the specified controversy. Ifeach party appoints an arbitrator, the two arbitrators shall meet promptly and attempt to select a third arbitrator. If the two appointed arbitrators are unable to agree on a third arbitrator within ten (10) business days after the second arbitrator is appointed, either the Hoh Tribe or the County may apply to the Superior Court of Jefferson County for the selection of a third arbitrator. Each party shall bear the cost of any arbitrator it appoints, and one-half (1/2) of the cost of appointing athird arbitrator and the third arbitrator's fee. Any arbitrator appointed under this provision must be an active member of the Washington State Bar. d . The arbitration rules and procedures set out in Chapter 7.04A RCW shall govern the arbitration process, the Washington State Superior Court Civil Rules shall govern pre -hearing discovery to the extent not incompatible with the procedures set forth in Chapter 7.04A_RCW, and the Washington State Rules of Evidence' shall govern the presentation of evidence at the arbitration hearing. e . An award or decision rendered by a majority of the arbitrators appointed under this Agreement shall be final and binding on all parties to the proceeding, and judgment upon any award or decision rendered by the arbitrators may be entered in the Superior Court of Jefferson County, Washington, and enforced in the same manner as any other judgment. f . Nothing in this Agreement shall be deemed or construed to confer on the arbitrator or arbitrators any authority, power, or right to alter, change, amend, 2 https://www.courts.wa.gov/court rules/?fa=court rules.list&group=sup&set=CR, last accessed August 15, 2020. 3 https://www.courts.wa.,Pov/court rules/?fa=court rules.list&group=ga&set=ER, last accessed August 15, 2020. 13 modify, add to, or subtract from any of the provisions of this Agreement, except to the extent that any part of this Agreement is determined to be contrary to applicable law. 22. Amendment. No changes or modifications to this Agreement shall be valid or binding upon the parties unless such change or modifications are mutually agreed to in writing and authorized and executed by the parties in the same manner and formality as the original Agreement by authorized representatives. 23. Severability. It is understood and agreed to by the parties hereto that if any part or provision of this Agreement, or its application to any person or circumstances, is held illegal or invalid, the remaining parts or provisions, or application of the parts or provisions of the Agreement to other persons or circumstances, shall not be affected, and the rights and obligations of the parties shall be construed as if the Agreement did not contain the illegal or invalid part. Because the source of legal authority to grant, revoke, and suspend the law enforcement special commissions described in this Agreement is separate from and independent of the terms of this Agreement, the invalidity of all or a portion of this Agreement shall have no effect on the validity of such special commission, which shall remain in effect until suspended or revoked in accordance with Section 3. 24. Integration. This Agreement contains terms and conditions agreed upon by the parties. The parties agree that there are no other understandings, oral or otherwise, regarding the subject matter of this Agreement. 25. Notice Any notice required or permitted to be given under this Agreement shall be deemed sufficient if given in writing and sent by registered or certified mail. a. Jefferson County notices shall be sent to: Jefferson County Sheriff Jefferson County Sheriffs Office 79 Elkins Road Port Hadlock, WA 98339 b. Hoh Tribe notices shall be sent to: Chief of Police Hoh Tribe Tribal Police Department Lower Hoh Road Forks, WA 98331 14 26. Duration of this Agreement. This Agreement shall commence upon execution by both parties, as signed and dated below, and shall remain in effect until either party terminates this Agreement, or the parties mutually agree to terminate, as follows. Either party may, through its authorized officials, terminate this Agreement upon sixty (60) days written notice to the other party. Termination of this Agreement by either party does not affect or diminish authority exercised prior to the effective date of such termination. Termination shall not relieve either party of its obligation in Section 17 to indemnify the other party or its obligation in Section 18 to provide liability coverage without interruption arising out of actions prior to the time when termination becomes effective. 27. Filin the he Agreement with County Auditor or Posting on Website a. It is mutually agreed by the parties that this Agreement shall be filed with the Jefferson County Auditor after it is signed by the parties, or in lieu thereof, posted on the official website of each party. Recording costs shall be equally borne between the parties. b. It is further agreed by the parties, that each party shall within fifteen (15) days of the date of ratification of the Agreement by each party's legislating or governing body that copies of the Agreement shall be sent to the State of Washington's Department of Enterprise Services/Office of Financial Management and to the Washington Criminal Justice Training Commission.4 28. No Joint Acquisition of Property. This Agreement does not contemplate the joint acquisition of property by the parties. At termination, each party will remain the sole owner of its own property. 4 Per RCW 10.92.020(2)(a): "The appropriate sovereign tribal nation shall submit to the department of enterprise services proof of public liability and property damage insurance for vehicles operated by the peace officers and police professional liability insurance from a company licensed to sell insurance in the state. For purposes of determining adequacy of insurance liability, the sovereign tribal government must submit with the proof of liability insurance a copy of the interlocal agreement between the sovereign tribal government and the local governments that have shared jurisdiction under this chapter where such an agreement has been reached pursuant to subsection (10) of this section." Subsection (10) states: "An interlocal agreement pursuant to chapter 39.34 RCW is required between the sovereign tribal government and all local government law enforcement agencies that will have shared jurisdiction under this chapter prior to authorization taking effect under this chapter." RCW 10.92.02000). The effective date of an interlocal agreement under Chapter 39.34 RCW is contingent on the State of Washington's Department of Enterprise Services/Office of Financial Management's finding that sufficient insurance coverage has been obtained commensurate with the scope of activities authorized by the Interlocal Agreement ("a condition precedent to its entry into force"). 15 29. Warranty The signers to this Agreement warrant that they have the power and authority and are duly authorized by their respective legislative bodies to enter into this Agreement on behalf of the entity for whom they execute this Agreement in a representative capacity. (SIGNATURES FOLLOW ON THE NEXT PAGE) 16 EXECUTED by the Parties on the dates indicated below: JEFFERSON COUNTY HOH TRIBE Joe Nole John Suggs Jefferson County Sheriff Hoh Tribal Police Chief Date Date Greg Brotherton, Chair, Dawn Gomez, Chairwoman, Jefferson County Board of Commissioners Hoh Tribal Council Date Date Attest: Carolyn Gallaway Deputy Clerk, Jefferson County Board of Commissioners Approved as to form: - Philip C. Hunsucker, LeaAnn Easton Dorsay & Easton LLP Chief Civil Deputy Hoh Tribal Attorney Prosecuting Attorney 17