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Home My WebLink About5290 F �}�c�- ��d � _ � � � � TERMINA'TIUN OF INTERLOCAL AGREEMENT BETWEEN THE CITY OF ; BREMERTON AND 1'HF.CITY OF POULSIiO � ; � � I � Pursuant to Paragraph 14 of the Interlocal Agreement dated September 4, 2013 between the City of Bremerton and the City of Poulsbo, the City of Poulsbo is terminating the agreement j effective June 30,2016. { � Pursuant to Par�graph 17 of the Agreement, the City of Poulsbo will receive a sum equal ; to seven percent(7%)of the yearly drug forfeiture cash and cash proceeds from sales of forfeited j property of all cases. The seven percent is calculated after deduction of the State of Washington i remittance required by RCW 69.50.505. Some of the seized property, from January l, 2016 ' thro�igh the date this agreement is signed, still needs to be processed. The Parties agree and f ! understand that it will take approximately 4 to 12 weeks before this process will be completed � and the seven percent sum can be transmitted. The parties agree City of Poulsba will not be � entitled to any drug forfeiture cash or cash proceeds from sales of forfeited property seized after ; the date this agreement is signed. � j ld ' Dated this /� day of June,2016. � _ ; x s � ' �i� o-_... ,�' / r Shawn Delaney Becky Eric n ; Public Safety Director Mayor , � City of Poulsbo Police Department City of Poulsbo � i i � ` .M� ' ' � � � even Strachan Patty Lent i Chief of Police Mayor City of Bremerton Police Department City of Bremerton f Contract Number: Vendor: Sub�ect• Department File Class: Begin Date: End Date: Review Date: Vault Date: 5290 CITY OF POULSBO ILA SOG Officer Police LEG 12-1 9/4/2013 9/1/2015 Comments• Termed with 30 days written notice INTERLOCAL AGREEMENT BETWEEN THE CITY OF BREMERTON AND THE CITY OF' POULSBO Thas Interlocal Agreement �s made and entered mto pursuant to the provisions of Chapter 39 34 RCW by and between the Crty of Bremerton ("Bremerton") and the City of Poulsbo ("Poulsbo") WHEREAS, this agreement is mtended to create a collaboratrve effort between the C�ty of Poulsbo Police Department ("PPD") and the Crty of Bremerton Police Department ("BPD") to enhance �omt mvesttgative abilrties tn order to more effectively identify, arrest and deter those members of our commun�ty involved m the use, sale, manufacturmg and distribution of narcotics, prostitution, gamblmg or crimmal gang activity NOW THEREFORE, Poulsbo and Bremerton, through their respective leg�slative bodies, do hereby agee as follows Poulsbo shall assign, as department staffing levels perm�t, a full t�me officer to work m the BPD Special Operations Group ("SOG") to partic�pate m narcottcs, prostrtution, gamblmg and gang mvestigations Thts understandmg permrts the Poulsbo police officer to work out of the SOG office m Bremerton, Washington SOG will target crimmal activities that impact both the C�ty of Poulsbo and the City of Bremerton communrttes These officers will liaise between the agencies and fac�litate a closer workmg relationship 2 BPD recognizes that the assigned Poulsbo police officer has responsib�lities with PPD and may be reyuired to provide mvestigative support, attend mandatory trammg, conduct mvestigations or attend to other work related �ssues associated and required by the Poulsbo BPD also recogmzes that the assigned Poulsbo police officer has reportmg responsibilities to PPD regardmg his ar her delegated duties m SOG Prior to reporting any mformation to PPD regardmg an ongomg SOG mvest�gation or covert operation, the ass�gned Poulsbo police officer will obtatn approval from the SOG supervisor This will allow Poulsbo and SOG superiors to ensure that the mvestigation or operation is not compromised 4 BPD will issue a limrted police commission to the Poulsbo officer assigned to work wrth SOG This lim�ted commiss�on is authorized when assigned to SOG and g�ves author�ty to the Poulsbo officer to enforce ordmances of the City of Bremerton and to protect the public peace w�thm the City of Bremerton This commission is valid durmg work hours and for the duration of the officer's assignment At the conclusion of this agreement all forms of identification and authorization issued by the Bremerton Police Department will be returned and termmated 5 PPD will issue a ltmrted pohce comm�ssion to the Bremerton Police officers asstgned to SOG This limited commission is authorized when assigned to SOG and gives authortty to the Bremerton officers to enforce ordmances of the City of Poulsbo and to protect the public peace withm the City of Poulsbo This commission will be revoked upon the Bremerton officer leaving SOG. At the conclusion of this agreement all forms of identification and authonzation issued by PPD wiil be returned and term�nated Page 1 of 4 6 Law enforcement personnel assigned to SOG shall have such authority to enforce state laws withm the geographical area of the Cities of Bremerton and Poulsbo, or any other�urisdict�on m Washtngton, as is g�ven them by the Washmgton Mutual Aid Peace Officers Powers Act, RCW 1093 7 PPD personnel assigned to SOG w�ll adhere to the policies establ�shed by SOG and PPD and w�ll work under the day-to-day superv�sion of the SOG supervisor Nevertheless, at all times, PPD personnel assigned to SOG shall be considered employees of the PPD, which shall be solely and exclusively responsible for that employee All rights, duties and obligations of the employer shall remam w�th PPD The personnel assigned by PPD shall continue under the employment of PPD for purposes of any losses, claims, damages, or liabilities arismg out of or related to the services provided to SOG or the activities of SOG 8 Indemnification a In executmg this agreement, Poulsbo does not assume liability or respons�b�lity for or m any way release Bremerton from any liability or responsibility, which ar�ses m whole or in part from the existence, validrty or effect of Bremerton ordmances, rules or regulations If any such cause, cla�m, surt, action or admtmstrative proceedmg is commenced, BremeRon shall defend the same at its sole expense and if�udgment is entered or damages are awarded agamst Bremerton, Poulsbo, or both, Bremerton shall satisfy the same, mcluding all chargeable costs and attorney's fees b In executmg this agreement, Bremerton does not assume liability or respons�bil�ty for or m any way release Poulsbo from any liabiliTy or responsibility, which ar�ses m whole or in part from the existence, validrty or effect of Poulsbo ordmances, rules or regulat�ons If any such cause, claim, su�t, action or admimstrative proceedmg is commenced, Poulsbo shall defend the same at its sole expense and if�udgment is entered or damages are awarded agamst Poulsbo, Bremerton or both, Poulsbo shall satisfy the same, mcludmg all chargeable costs and attorney's fees c Poulsbo shall �ndemnify and hold harmless Bremerton and tts officers, agents, and employees, or any of them, from and agamst any and all cla�ms, actions, suits liabilrty, loss, costs, expenses, and damages of any nature whatsoever, which are caused by or result from a negligent act or om�ssion of Poulsbo, its officers, agents, and employees m performmg services pursuant to this agreement In the event that any suit based upon such a claim, action, loss, or damage is brought agamst Bremerton or Bremerton and Poulsbo, Poulsbo shall defend the same at �ts sole cost and expense, and if final �udgment be rendered agamst Bremerton and its officers, agents, and employees or�ointly agamst Bremerton and Poulsbo and their respective officers, agents, and employees Poulsbo shall satisfy the same d Bremerton shall tndemnify and hold harmless Poulsbo and its officers, agents, and employees, or any of them, from and agamst any and all claims, actions, suits, l�ability, loss, costs, expenses, and damages of any nature whatsoever, which are caused by or result from a negligent act or om�ssion of Bremerton, rts officers, agents, and employees m performmg services pursuant to this agreement In the event that any suit based upon such a claim, action, loss, or damage is brought agamst Poulsbo or Bremerton and Poulsbo, Bremerton shall defend the same at �ts sole cost and expense, and if final �udgment be rendered agamst Poulsbo, and its officers, agents, and employees or�ointly agamst Poulsbo and Bremerton and their respective officers, agents, and employees Bremerton shall satisfy the same Page 2 of 4 e If a claim �s made that both part�es are respons�ble for all or a portion of damages alleged to have been sustamed as a result of acts or omissions of the parties hereto, then the above referenced indemnity and hold harmless provisions shall apply only to the extent of the proportion of l�ab�lity attributable to the mdemntfymg party If l�abil�ty �s not or cannot be apportioned, then the parties shall be responsible for their own costs and attorneys fees incurred m the matter and shall �ndemnify and hold the other party harmless for one half of any amount awarded by the Court or other dec�sion makmg body w�th �ur�sdiction as a result of the alleged acts or omiss�ons 9 Poulsbo agrees to furnish and pay for service of a cellular system for its assigned agent that is compatible to cellular equipment utilized by SOG 10 Bremerton w�ll prov�de workspace and work station with required computer equipment and mamtenance support for the assigned Poulsbo officer 11 Bremerton, through its SOG supervisor, shall maintain a fund of ready cash so that day-to-day needs of SOG can be met The Poulsbo officer assigned to SOG will be apportioned tmprest mon�es from the fund by the SOG supervisor, in accordance with SOG polices, to conduct controlled narcotics purchases and other authorized official busmess The assigned Poulsbo officer w�ll be accountable for the proper handlmg of the funds m accordance with SOG policy and will be sub�ect to aud�t 12 For operational necessity, the ass�gned Poulsbo officer will be authorized to participate m SOG required trammg and meetmgs 13 The Poulsbo officer assigned to SOG pursuant to this agreement will receive compensation from Poulsbo only, and �s prohibited from receivmg compensatton m any form, from SOG or any other source 14 The terms of this agreement will commence as of the date signed by both part�es This agreement can be termmated at any time with 30 days written notice by either party wrth the understanding that all reasonable attempts will be made not to �eopardize personnel and active undercover operations 15 The parhes do not mtend to create through this Agreement a separate legal entity sub�ect to su�t 16 Drug forfe�ture cash and cash proceeds from sales of property forfeited as a result SOG operations pursuant to RCW 69 50 505 shall be placed mto a forferture fund managed by Bremerton Such momes shall remain sub�ect to the use restrictions of RCW 69 50 505 m the hands of each party until fully expended for the law enforcement purposes permitted m RCW 69 50 505 17 Poulsbo shall receive from Bremerton a sum equal to seven percent (7%) of the yearly drug forfeiture cash and cash proceeds from sales of forfeited property of all cases The seven percent is calculated after deduction of the State of Washmgton remittance required by RCW 69 50 505(9) Page 3 of 4 18 19 � 21 BPD will tssue tactical equipment that is available withm the SOG yuartermaster system All other officer equipment will be purchased by and the responsib�lity of PPD BPD will ass�gn a SOG unmarked / undercover vehicle to the Poulsbo officer Fuel and mamtenance will be the responsibihty of the PPD Poulsbo shall be responsible for record keeping, reportmg, managmg and dispersmg of funds it receives from the forfeiture fund m accordance w�th the restr�ctions and provisions of RCW 69 50 505 The Chiefs of BPD and PPD, or their designees, will meet each quarter, or as needed, for the purpose of reviewmg and discussmg the operattons and performance of SOG Signatures of approvmg authorit�es Dated this � �`� da of _� �j�;��f�;�2013 Y �� / Alan Townsend Steven Strachan Ch�ef of Pol�ce Chief of Police City of Poulsbo Becky Er on Mayor, Ct of Poulsbo City Patty Lent _ Mayor, Ci Bremerton R V.egal\Legal\Condracts�Police\SOG - Poulsbo mterlocaf Agreement bremerton Edits 6-2413 - Final doc Page 4 of 4