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Home My WebLink About5176Contract Number: Vendor: Sub�ect• Department. File Class: Begin Date End Date: Review Date: Vault Date: Comments : 5176 KITSAP C0. SHERIFF'S OFFICE ILA - WestNET Drug Task Force Police LEG 12-1 , 7/1/2012 6/30/2015 , 1/1/2015 2017 m Kitsap County Sheriff s Of�ce 614 Divasion Street Port Orchard, WA 98366 SHERIFF KITSAP COUNTY 201209130011 Asreement Rec Fee $ 51 00 09/13/2012 10 13 RM Page 1 of 20 I IIIIiII IIIIII Ili IIIII lill IIiIIIB�lllill IIII11191111! IIIII IIIIIII III IIIII IIIII11191IIII 1181 IN'�'E�.00AL Y�I�iJG 'I'ASI� FORC� AGItEEIV�lri� This Interlocal Agreement is made and entered into pursuant to the provisions of Chapter 39 34 RCW, this 30th day of June, 2012, by and between the Counhes of Kitsap, Pierce and Mason and the Cities of Ba�nbridge Island, Bremerton, Port Orchard, Poulsbo, Shelton, and the Washmgton State Patrol and Naval Criminal Investigative Service RECITAI,S: 1. The high level of illegal sale and use of controlled substances in the Counties of Kitsap, Pierce and Mason and the Crties of Bainbridge Island, Bremerton, Port Orchard, Poulsbo and Shelton has had mcreasingly serious and adverse effects on the quality of life in these counties and cities 2. These counties and cities have, m recent years, found it necessary to spend even greater iesources in fighting the problems caused by the illegal sale and use of controlled substances 3. The parhes des�re to enter into an agreement that provides a formal organization in order to centralize supervision and enhance the efforts of the law enforcement agencies to combat controlled substance traffickmg 4 Chapter 39 34 RCW provides that local jurisdichons may enter mto cooperative agreements for their muival advantage. Now, therefore, the parties hereto, through their respective legislative bodies, do hereby agree as follows• INTERLOCAL DRUG FORCE AGREEMENT —1 SECTION 1. �EI+'�TI'�'YONS. For purposes of this agreement• a. "Agency" and "agencies" means the member agencies of the Drug Task Force, those being the Sheiiff Offices of Krtsap, Pierce and Mason Counties and the Crties of Bambridge Island, Bremerton, Port Orchard, Poulsbo, Shelton and the Washmgton State Patrol and Naval Criminal Investigahve Service b "Advisory Board" means the representative body for the Drug Task Force and shall consist of the Chiefs of Police of the Cities of Bainbridge Island, Bremerton, Port Orchaxd, Poulsbo and Shelton, the Sheriffs and Prosecutors of the Counties of Krtsap, Pierce and Mason, and the Chief of the Waslungton State Patrol and Supervisor m charge of the Naval Criminal Investigahve Service c. "Jurisdict�ons" means the Cities of Bainbridge Island, Bremerton, Port Orchard, Poulsbo and Shelton, the Counties of Krtsap, Pierce and Mason, and the State of Waslungton. d. "Drug Task Force" means a drug enforcement agency created by this agreement e. T'he "WestNET Fund" means the account wrthin the Kitsap Couniy Treasurer's Office, which is administered by the Kitsap County Sheriff for the purpose of receipt and disbursement of drug forfeiiure funds and court ordered contributions m accordance with section 7 of tlus agreement f"Drug Task Force Operations Fund" or "Operations Fund" means the fund administered by one of the member agencies for the purpose of receipt and disbursement of monies from the "WESTNET Fund" for day-to-day operational purposes of the Task Force g. "Task Force Operation" means any drug law enforcement activity in which an officer assigned to the Task Force takes an active part Task Force operations may also INTERLOCAL DRUG FORCE AGREEMENT — 2 include conholled substance law enforcement activrty in which the Task Force member's sole participation was to supply mtelligence mformation to the arresting agency, or m which the Task Foice piovided follow-up support such as evidence processing, case preparation, warrant request, oi follow-up inveshgation, if such intelligence or ancillary support is deemed substantial by the Advisory Board In its reviewmg capacrty as described in Section 6 a, the Boaxd shall determine whether such intelligence or ancillary support in any given case has been substantial so as to make the activity a Task Force operation h"Task Force Coordmator" means a Kitsap County Sheriff's Office Lieutenant or above elected by the Board. SECTION 2. PURPOSE. The purpose of this agreement is to provide for and regulate the�oint efforts of the Crty, County, State and Federal law enforcement to combat violations of controlled substance laws withm the contracting ��risdictions for the�r mutual advantage. In order to accomplish tlus purpose the task force and advisory board does and must operate confidentially and wrthout public input The parties do not mtend to create through, this Agreement a separate legal entity subject to surt S�C'TION 3. GENERAL DgJTIES Ok' 'I'HE PART�ES. a. The County of Kitsap, through its Shenffs Office, the County of Pierce, through its Sheriffs Office, the County of Mason, through its Sheriffs Office, the City of Bainbndge Island, through its Police Department, the City of Bremerton, through its Police Department, the City of Port Orchard, through rts Police Department, the Crty of Poulsbo, through its Police Department, the C�ty of Shelton, through its Police Department and the Waslungton State Patrol and Naval Criminal Investigative Service 1NTERLOCAL DRUG FORCE AGREEMENT — 3 shall assign such full tune investigators to work in the task foxce as the drug enforcement needs require and the respective depa.rtmental staff levels permit b Each�urisdiction shall pay all costs associated with its officers and equipment when assigned to the Task Force. The Washington State Patrol will contribute a supervisor and pay all related costs associated wrth its officer and equipment c Each contributing agency shal� act as an mdependent contractor and not as employee of the Task Force or of another party to tlus agreement As such, each party sha11 not have the authority to bmd other parties nor control employees of other parties, contractois or other enhties d. Pursuant to RCW 10 93 040, personnel assigned to the Task Force shall be considered employees of the contributulg agency, wluch shall be solely and exclusively responsible for that employee A11 rights, duties and obligations of the employer shall remain with the contributing agency. The personnel assigned by the contributmg agencies sha11 continue under the employment of that agency for purposes of any losses, claims, damages, or liabilities axising out of or ielated to the services provided to the Task Force or the activrties of the Task Force Each agency agrees to hold harmless, defend, and indemnify the other parties m the Task Force m any achon arismg from the negligence of the employees of that agency including all costs of defense mcludmg attorney's fees e The Office of the K�tsap County Prosecutor shall, in addrtion to its normal duties m the prosecution of Krtsap County felony drug violations, represent the Cihes, Kitsap County, and the State ui real and personal property forfeitures and drug nuisance abatement proceedmgs irutiated by Task Force assigned personnel The parties agree that INTERLOCAL DRUG FORCE AGREEMENT — 4 the Office of the Kitsap County Prosecutor shall receive as reimbuisement for such representation a sum equal to ten percent (10%) of the drug forfeiture cash and cash proceeds from sales of property forfeited as a result of such representation, provided, however, that such reimbursement shall not exceed the annual salary and benefits of a Grade Q02, Step 3 Deputy Prosecuting Attorney. Such reunbursement shall be disbursed to the Office of the I�tsap County Prosecuting Attorney upon the final conclusion, includmg any appeal, of each forfeiture proceedmg referenced above We understand that the Deputy Prosecuting Attorney assigned to represent the parties in the Task Force may also, upon agreement by the respective elected Prosecuhng Attorney's in Pierce and Mason County, iepresent the parties m the Task Force in forferture proceedmgs in that county as a special Deputy Prosecuting Attorney. f. Pursuant to RCW 10 93.070, law enforcement personnel assigned on a full or part-tune basis to the task force shall have full police powers within the geographical area of Kitsap, Pierce and Mason Counties Personnel assigned to the Task Force shall conform to the�r agency's rules and regulations, as well as Task Force policy All disciplmary matters v�nll be the responsibilrty of the mdividual agencies SEC'I'ION 4. DgTRA'Y'ION. Tlus agreement shall take effect on July l 2012 and terminate on June 30 2015 provided, however, tlus agreement may be renewed annually by mutual agreement of the parties. SECTION 5. GENERAL ADMINIS'�I2ATION a The Kitsap County Sheriff shall administer the WestNET Fund in accordance with applicable laws, this Agreement and any other mutually agreed policies INTERLOCAL DRUG FORCE AGREEMENT — 5 and piocedures The Taslc Force Operations Fund shall be admimstered by the Task Force Coordmator or designee m accordance wrth the State Auditoi's accountmg standards for imprest investigative funds and such other standards as the Advisory Board may prescribe b The Advisory Boaxd shall meet at least quarterly, provide policy and procedural guidance to the Task Force coordinator and supervisors, and supervise the use of the WestNET Fund and Operations Fund Each member of the Advisory Board shall have an equal voice, as long as the agency has at least one full time mveshgator assigned to WestNET, m all Board matters The Advisory Boaxd sha11 appoint a Task Force Coordmator to supervise the daily operations of the Task Force according to tlus Agreement and the Operatmg Rules of the Task Force d The Advisory Board or designee shall have the authorrty to apply on behalf of the Task Force for such grant funds as may be available from federal, state, or private sources, for the furtherance of Task Force objechves SECTION 6. PROPERTY AND EQUIPNIENT. a The Advisory Boaxd or designee sha11 determme whether property seized and forferted in a Task Force operation is to be retained for use by the Task Foice or sold to generate cash for Task Force purposes All cash proceeds from such sales of forferted property shall be promptly deposited m the WestNET Fund, as sha11 all cash seized and forfeited in a Task Force operation INTERLOCAL DRUG FORCE AGREEMENT — 6 b All cash, property and proceeds from property forferted pursuant to RCW 69 50 505 by Taslc Force Operations shall be managed and disbursed only as provided in sa.id RCW 69 50 505 In the event that the Task Force otherwise acquires any equipment, the parties agree to use the equipment only for such law enforcement purposes as are estabhshed by the Advisory Board c Upon dissolution of the Task Force, all property, provided to the Task Force by the participating agencies and all forferted property, other than money, remairung m the Task Force's possession shall be returned to the iespective contributmg agencies Any Task Force-owned property and other cash or cash proceeds rema.trung in the possession of the Task Force (including monies in the WestNET Fund) shall be divided as follows ten percent shall go to the Krtsap County Prosecutor as attorney for the Task Force; ten percent to the Washington State Patrol, eighty percent shall be allocated pro-rata between the Crties and the Counties according to the number of officer months spent in Task Force service by support, operational and command personnel of their respective police agencies, durulg the term of this agreement d. Notwithstanding the termination of this Agreement and distribution of Task Force properties as herein described, such properiy and monies shall remam sub�ect to the use restrictions of RCW 69 50 505 in the hands of each party until fully expended for the law enforcement purposes pernutted in said RCW 69.50 505 SEC'TION 7. HANDLING OF FiJNi)S. a. The WestNET Fund shall be held by the Kitsap County Treasurer, who will disburse the fund according to such standards and d�rechon as the Advisory Board INTERLOCAL DRUG FORCE AGREEMENT — 7 shall provide All interest earned on momes in the fund shall be credrted to the fund and remain therein until disbursed accoidmg to this agreement b The Taslc Force Coordmator or designee shall mamtain a fund of ready cash so that day-to-day needs of the Task Force can be met This shall be called the Task Force Operations Fund and shall be lunited in amount to $25,000 00, or such other limit as the Advisory Board shall perrriit The Operations Fund may be kept and mamtained at such locat�on and m such manner as the Task Force Coordmator or designee shall determine, subJect to the Washington State Audrtor's standards on imprest investigahon funds and such other reqlurements as the Advisory Board may establish c. In accordance with RCW 69 50.505, cash proceeds from the sale of drug forfeiture property seized by WestNET shall be delivered to the Krtsap County Treasurer and sha11 be deposited in the WestNET Fund The State's shaxe shall be remitted to the Washington State Treasurer, as required by the statute A copy of the Kitsap County Treasurer's receipt and transmittal form for each such deposrt, identifymg the forfeiture case by name and/or number, shall be promptly provided to the Task Force Coordlnator o� designee. d In order to ensure compliance with tlus agreement, the parties agree that all forfertures made pursuant to RCW 69 50 505 by each party shall be made available upon a reasonable request for disclosure by the Advisory Board e. Kitsap County, Pierce County, Mason County, the Crty of Bainbndge Island, the Crty of Poulsbo, the Crty of Port Orchard, the City of Bremerton, the Crty of Shelton, and the Washmgton Sta.te Patrol currently may assign a detective and/or supervisor to the task force The Advisory Boaxd agrees to rennburse Kitsap County, INTERLOCAL DRUG FORCE AGREEMENT — 8 Pierce County, Mason County, the City of Bainbridge Island, the City of Poulsbo, the City of Port Orchard, the City of Bremerton, the Crty of Shelton and the Washmgton State Patrol for overtune wages up to $10,000 00 dollars per year for each full-time detective(s) and/or supervisor Krtsap County, Pierce County, Mason County, the City of Bainbridge Island, the City of Poulsbo, the City of Port Orchaxd, the City of Bremerton, the Crty of Shelton and the Washuigton State Patrol agree that this mterlocal agreement is sub�ect to the terms and conditions of the agreement to reimburse wageslbenefits and overtime wages up to a limrt as determmed by the Advisory Board; that tlus mterlocal agreement is contingent upon contmued operation of the task force, that any party may wrthdraw from the mterlocal agreement upon thirty days written notice to each of the other parhes, and that funding is sub�ect to fund availability m the WestNET Fund f The Naval Crunulal Investigative Service Northwest Field Office as a Federal Law Enforcement Agency is prohibrted from providing any form of funding to the WESTNET Fund or the Drug Task Force Operations Fund for the purpose of fmancially supporting the drug task force, nor can be obligated m the future for any claims against these two funds Tn addit�on, the Naval Crimmal Investigative Service and its employees will not receive any form of financial ieimbursement from the two funds for any purpose. The disbursement of seized property or assets to the Naval Cruninal Investigative Service will only be considered after a legal review by the Inspector General, Naval Criminal Investigahve Service Headquarters INTERLOCAL DRUG FORCE AGREEMENT — 9 SECTION 8. AlVI�NDMENT. This agreement may be amended from time to time as deemed appropriate by the parties, PROVIDED, any such amendment sha.11 become effective only after it has been adopted in writmg by each of the parties SECTION 9. INTEGRATION. This agreement conta.ins all the terms and condihons agieed upon by the parhes, except necessary operational agreements between the law enforcement agencies of the respective �urisdictions in furtherance hereof No other understandmg, oral or otherwise, regarding the subject matter of this agreement, shall be deemed to exist or to bind either of the parties SECTION 10. TEItMINATION. Any party may withdraw from tlus agreement upon thirry (30) days notices m writmg, given to each of the other parties SECTION 11. RECORl)ING WITgI AiJI)I'T�R. This agreement shall be recorded wrth the Kitsap County Audrtor upon written fmal approval of the parties 1NTERLOCAL DRUG FORCE AGREEMENT —10 COiTNN�'Y OI+' KITSAP APPROVED Kitsap County Board of Commissioners Port Orchard, Waslvngton 8 ROBERT GELD R, Chair � � ��..,�' /.? �� ; �.P,, s �SH BROWN, Commissioner APPROVED AS TO FORM r /�� Deborah Boe Deputy Prosecuting Attorney Dated �� / ✓ t � Dated ��,3 'l �C Dated �� ' v�- / / . /—__ � J.�f _ ,..� ��.Jl._/ i � . - • I - ,. � ,.. �• • • - ATTEST I��. . L.: _ //' .�►,�� . �. �� - : •. � Dated INTERLOCAL DRUG FORCE AGREEMENT — � � ... ..� �� 4�5� � E o �`'��O Q '� ': m �: � :� ��•.;L, � �� A'�'NFNG'� .,�� 11 '�'� P Cpv� COUNTY OF NIASON ��J APPROVED. �1�! � d,�1.,� CASEY S LISBURY Mason County Shenff Dated �� Zr APPROVED Mason County Board of Commissioners Shelton, Waslungton MICHAEL or�C �' Mason County Prosecuting Attorney Dated � l� � �u � �CI �. �C.e,� � .��"~-� Dated. ! � A RING ERI SON, COMMISSIONER �` � �--�e•-- Dated �/� �� TIM SHELDON, COMMISSIONER /"� J I ,� Dated � 1 � t � � S EVE BL OMFIE D, COMMISSIONER ATTE T f �, u� Dated: �/� /J Clerk ofthe Board �{��h��((� (�E � INTERLOCAL DRUG FORCE AGREEMENT —12 APPROVED AS TO FORM CITY OF P012'g' ORCI�ARD � ��R F' �"0��{� P � } ' � M i 3 l I�l d i� �� —1 APPROVED. �L�� ALAN TOWNSEND, Chief of Pohce � , • � • �' �:�a i��.� fi TIM MATTHES, Mayor r Dated. �� . � '_� i�. _ APPROVED AS TO FORM. , GREGORY . J COB City Attorney Dated �SI�" 1 `�;� � �--�� Dated: (�'— ��~ �� ATTEST: � � '�� B RINEARSON, City Clerk Dated. � J l � "t--�-�..) ��- INTERLOCAL DRUG FORCE AGREEMENT —13 CI'TX OF S�I,'TOlV APPROVED: APPROVED• ,� �.., � -� ; � � ,h € `� �� , ; �, � , .� � �,,� � �'� �� .... C�� DAVE EKLLJND , GARY RONCE, Mayor Chief of Pohce Dated: C v APPROVED AS TO FORM• Dated: � � f,� ATTEST � 7 KATHLEE HAGGARD, City Attorney VICKI LOOK, Crty lerk Dated Dated Co /-� /�� INTERLOCAL DRIJG FORCE AGREEMENT —14 CI'TY O�' BREMERTON APPROVED � °�, r�� , s 1 � �� '�"',i�� APPROVED e PATTY Mayor Dated. �� "' Z'7i ' / ?� APPROVED AS TO FORM: ATTEST: . RO ER LUBOV______�L�i --��errn�`" SHANNON L CORIN, Crty Clerk Dated• '�"'ct tvc:-, ?� , '� 1 L Dated � ' °�'� ` � �- INTERLOCAL DRUG FORCE AGREEMENT -15 Dated• � J C� �- WAS�IING'�ON STATE PAT�tOI, . ... � �� + � -- JOHN BATISTE, Chtef ��.�;d s. ��, �-�-, ��-��eF Dated C"l �' �� APPROVED AS TO FORM � �� Assist t Attorney General Dated (c /�/ �)� BUDGET and FISCAL SERVICES : Dated• �� - ,, ' r � ' . � t `� f � „ �� INTERLOCAL DRUG FORCE AGREEMENT —16 CITY OF BAINBRIDGE ISI.ANI) APPROVED MORGAN S IT , Interim Crty Manager INTERLOCAL DRUG FORCE AGREEMENT - 17 COUNTY OF PIERCE APPROVED ��`'`� /'`�1 �� PAUL A PASTOR Pierce County Sheriff Dated �' �'`�' � Z " APPROVED AS TO FORM eputy Prosecuting Attorney Date �i�/ INTERLOCAL DRUG FORCE AGREEMENT —18 C�TY OF PO�S�O A , 'G ffi n p �? " r"� f � t � l� i ll y 'e`. r r � ir u !i �� APPROVED• �_ �� DENNIS SWINEY, Chief Dated � - �� -- 1 � APPROVED AS TO FORM APPROVED e - . c BECI Y RICKSON, Mayor Dated � � � `�' �Z-- ATTEST �� a JIM HANEY, Crty Attorney JILL B Z, rty lerk `� OGDEN MURPHY WALLAC , L L C , Dated. ��' � �'( � � � � Dated 1� - � � - � � INTERLOCAL DRUG FORCE AGREEMENT -19 NAVAL CRINIINA� INVESTIGATIVE SERVICE � �� a� APPROVED P LL WADE Special Agent in Charge Dated ;3/�� 1� APPROVED AS TO FORM Assistant Attorney General Dated 1NTERLOCAL DRUG FORCE AGREEMENT — 20