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HomeMy WebLinkAbout4391 Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 4391 NAVY REGION NORTHWEST Law Enforcement - Jackson Park Police I"EG 12-1 10/01/2003 06/15/2010 Revision/Modification w/60 days notice Cancellation w/180 days notice Review date for tracking only DEPARTMENT OF THE NAVY NAVY REGION NORTHWEST MEMORANDUM OF UNDERSTANDING BETWEEN COMMANDER, NAVY REGION NORTHWEST AND THE CITY OF BREMERTON Subject: DEFINITION OF JACKSON PARK NAVAL FAMILY HOUSING AREA LAW ENFORCEMENT RESPONSIBILITIES Reference: (a) Letter from Commanding Officer, Western Division, Naval Facilities Engineering Command: Jackson Park Naval Family Housing Area: retrocession of exclusive federal jurisdiction Enclosure: (1) CENCOM priority definition 1. Purpose. To establish a Memorandum of Understanding (MOU) between the Commander, Navy Region Northwest (COMNAVREG NW) and the City of Bremerton Police Department (BPD), outlining the obligations and responsibilities of both parties in regards to law enforcement and security functions in Jackson Park Naval Family Housing Area (Jackson Park). It is mutually agreed that nothing herein shall be construed as obligating either party to violate existing laws or regulations. 2. Background. In the early 1960s, the City of Bremerton started proceedings to annex an area known as Jackson Park, consisting of 216 acres with a current inventory of 870 Navy housing units. In 1978, the Navy requested a change in legislative jurisdiction fi-om exclusive federal jurisdiction to concurrent jurisdiction. The Governor of the State of Washington approved the requested change in 1982. (Reference (a)). The Navy, through use of a contractor, Johnson Controls, has traditionally provided "first responder" services. At this time, Naval Criminal Investigative Service (NCIS) and COMNAVREG NW Security are the primary investigative bodies when a criminal offense is reported at Jackson Park. Currently, all felony level crimes committed by civilians at Jackson Park are prosecuted via the civilian justice system. The majority of crimes committed by members of the armed forces are presently prosecuted via the military justice system. Misdemeanors and gross misdemeanors are currently prosecuted by the Staff Judge Advocate of Naval Station Bremerton, at Federal Magistrate Court. The Navy is standardizing services across Navy Region Northwest Area of Responsibility (AOR). As of October 1, the Navy will cease to provide "first responder" services at Jackson Park. This change represents an additional burden on the City's resources. Recognizing this burden the Navy intends to assist as much as possible as discussed in this agreement. R:\LEGAL\ContractskPoliceWIOU re Jackson Park 9-23-03.doc 3. Responsibilities. (a) BPD shall: (1) Be the "first responder," as provided for herein, for law enforcement calls from Jackson Park received by Kitsap County Central Communications (CENCOM). As "first responder" BPD will normally be dispatched by CENCOM in accordance with priorities established in enclosure (1) and available manning in the following manner: · Priority 1 and 2 calls typically receive immediate dispatch response. · Priority 3, 4, and 5 calls will be responded to as time and resources allow. Calls will be forwarded to investigators and follow-up personnel of COMNAVREG NW if BPD is unable to respond within a reasonable amount of time and such "back up" response is warranted. Additionally, BPD shall act as the initial investigative body on incidents they respond to. BPD may then continue their investigation, follow-up, and prosecution of cases or turn such investigations and cases over to COMNAVREG NW Security. BPD will cooperate fully and exchange all pertinent information with COMNAVREG NW Security and NCIS gained during an investigation, when appropriate. (2) Work in partnership with NCIS and COMNAVREG NW to provide the same level of law enforcement service to the residents of Jackson Park as is delivered to other residents of Bremerton in accordance with this agreement. (3) Assist in the adjudication of arrests/offenses via the civilian criminal justice system. Notify, within a reasonable amount of time, NCIS and the Staff Judge Advocate at Naval Station Bremerton if the City of Bremerton or Kitsap County decide not to pursue adjudication of a particular case via the civilian criminal justice system. Naval Station Bremerton will then decide whether to pursue prosecution in the military or federal courts as jurisdiction allows. (4) Support COMNAVREG NW Security with special programs and events as time and manpower permit, as determined by BPD. (b) COMNAVREG NW shall: (1) Provide "back-up" response to law enforcement calls from Jackson Park. Upon receipt of a Priority 1 or 2 call, CENCOM will dispatch BPD as the primary responder and pass the call to NESCOM who will dispatch Naval Station Police as a backup unit. COMNAVREG NW Security shall continue its practice of performing random patrols at Jackson Park. R:~LEGAL\Contracts~PoliceXMOU re Jackson Park 9-23-03,doc (2) Upon notification by BPD or CENCOM, COMNAVREG NW Security will acknowledge priority 3, 4, or 5 calls for law enfomement services and handle as time and manning allow. (3) Work in partnership with NCIS and BPD to provide the same level of law enforcement service to the residents of Jackson Park as is delivered to other residents of Bremerton in accordance with this agreement. (4) Upon request ofBPD, COMNAVREG NW Security shall transport active duty military members to the Kitsap County Jail on behalf of BPD when circumstances would result in an unacceptable loss of patrol coverage within the City should BPD Officers be required to complete the transportation. (5) Refer to NCIS for investigative consideration all reports of felony crimes where a member of the armed forces is a suspect or victim. Those reports not investigated by NCIS will be referred to COMNAVREG NW Security for investigation. NCIS and COMNAVREG NW Security will cooperate fully and exchange any and all pertinent information with BPD gained during an investigation, when appropriate. (6) Pursue criminal charges through military or federal justice system, as jurisdiction will allow, if the City of Bremerton or Kitsap County choose not to pursue adjudication of a particular case via the civilian criminal justice system. (7) When requested by BPD, consider utilization of the Military Protection order process in resolution of minor domestic violence incidents where the suspect is a member of the armed fomes and Bremerton Police have not otherwise made an arrest. (8) Provide enforcement for all Navy Housing regulations and issues, including but not limited to: · Parking enforcement · Lock-out services for residents who have forgotten their keys · Fire-arms registration · Housing/Tenant complaint resolution · Animal control (9) Support BPD with special programs and events as time and manpower permit, as determined by Naval Station Bremerton Police Department. 4. Effective Date. This MOU shall be effective 1 October 2003 and shall remain in effect until cancelled per paragraph 6 below. 5. Review. Each party shall review this MOU annually to evaluate its effectiveness and determine the need for continuation or modification. R:\LEGAL\Contracts~Police~MOU re Jackson Park 9-23-03,doc 6. Revision, Modification, or Cancellation. This MOU is subject to revision, modification, or cancellation in accordance with the following: (a) Requests by either party to revise or modify the agreement shall be forwarded by written notice to the other party in a timely manner, so that both parties agree to the proposed change at least 60 days prior to its effective date, unless mntually agreeable. (b) Notification of intention by either party to cancel the agreement shall be forwarded by written notice to the other party at least 180 days in advance of the proposed termination date, unless mutually agreeable. 7. Governing Law. This agreement shall be governed and construed in accordance with the laws of the State of Washington and the United States of America. If any dispute arises between the City and COMNAVREG NW under any of the provisions of this agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the U.S. District Court for Western Washington. 8. No Third Party Beneficiary. Nothing in this agreement shall be construed to create or confer any right or remedy upon any person(s) other than the City of Bremerton and COMNAVREG NW. No action may be commenced or prosecuted against any Party by any Third Party claiming as a Third Party beneficiary of this agreement. 9. Nonwaiver of Breach. The failure of either party to insist upon strict performance of any of the terms contained herein, or to exercise any option herein conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of those terms and they shall remain in full fome and effect 10. Written Notice. All communications regarding this agreement shall be sent to the parties at the addresses listed on the signature page of this agreement, unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated on this agreement. 11. Modification. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of the City of Bremerton and COMNAVREG NW. 12. Severability. If any one or more sections, sub-sections, or sentences of this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this agreement and the remainder shall remain in full force and effect. R:\LEGAL\ContractsXPolicekMOU re Jackson Park 9-23-03.doc 13. Entire Agreement. The written provisions and terms of this agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the parties to this agreement, and those statements shall not be construed as forming a part of or altering in any manner this agreement. This agreement and any attached Exhibits contain the entire agreement between the parties. Should any language in any Exhibit to this agreement conflict with any language contained in this agreement, the terms of this agreement shall prevail. City of Bremerton Commander Navy Region Northwest R:\LEGAL\Contracts~PoliceXMOU re Jackson Park 9-23-03.doc P~O~ DEACONS L~t UI~;; 4/7/97 Cd Wd£S:~O £00~ 0£ 'un£ 96£S-8L~-0~: 'ON ×U~ 'AI~ qO~±Ud - BDIqOd NOISBW_~8: WO~