083-11 - Kitsap County and Various Agencies - ContractItitSfig Cgff#71Y
l#7Y8SllffglliYe Response
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WHEREAS, the Washington Mutual Aid Peace Officers Powers Act is intended to
facilitate mutual aid and cooperative enforcement of the laws among general authority local,
state and federal agencies (RCW 10.93.001(1)); and
WHEREAS, the parties utilizing this Agreement have previously mutually authorized
each other to exercise Police Powers in their respective jurisdictions as evidenced by documents
on file with the Washington Association of Sheriffs and Police Chiefs; and
WHEREAS, the purpose of this Mutual Aid Agreement (hereafter "Agreement") is to
provide a thorough, professional, high quality investigation and to ensure the impartiality of the
inquiry and/or completeness of an investigation. This Agreement is between the signatory law
enforcement agencies of Washington State. It is intended to create a team of investigators who
can be called upon by any of the member jurisdictions to investigate major incidents of criminal
activity or of significant investigative complexity. This includes incidents of a criminal nature
involving an employee of a participating agency; and
WHEREAS, nothing herein is intended to in any way limit the authority of law
enforcement to act in those circumstances set forth in RCW 10.93.070(1) through (6) as now
enacted or as hereafter amended.
NOW THEREFORE, the Parties agree to this implementation policy as follows:
1. PARTICIPATING AGENCIES
The participating agencies are the state and local governments which operate the following
departments:
1.1
Bainbridge Island Police Department
1.2
Bremerton Police Department
1.3
Port Orchard Police Department
1.4
Poulsbo Police Department
1.5
Washington State Patrol
2. DEFINITIONS
2.1 "KCIRT" is defined as Kitsap County Investigative Response Team, a team of
investigators who can be called upon by any of the participating agencies to investigate major
incidents of criminal activity or of significant investigative complexity.
2.2 "KCIRT Coordinator" is defined as the individual or law enforcement position
designated by the department head of each participating agency to manage KCIRT requests or
deployments.
2.3 "KCIRT Commander" is defined as the individual or law enforcement position
designated to be in charge of KCIRT investigators.
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2.4 "Venue Agency" means the agency with primary territorial jurisdiction, as defined
by RCW 10.93.020(7)
2.5 All terms will be interpreted in accordance with the purposes of Chapter 10.93
RCW or defined as provided in RCW 10.93.020.
3. AUTHORITY -IMPLEMENTATION
The decision to implement Mutual Aid under this Agreement rests entirely with the department
head of the Venue Agency. The level of KCIRT participation is also at the discretion of the
Venue Agency. Each incident that involves KCIRT is situational, making the command structure
as it relates to the specific case to be determined on a case -by -case basis. Cases involving an
employee of a Venue Agency may necessitate that the command authority be relinquished to a
designated KCIRT Commander from another agency. The KCIRT will not be used for conducting
Administrative / Internal Investigations (i.e. non -criminal).
4.0 ACTIVATION
4A The Chief of Police or the Sheriff of the agency with jurisdiction over the
incident, or their designee shall contact their agency KCIRT Coordinator to request KCIRT
activation.
4.2 The requesting KCIRT Coordinator and agency department head will select a
primary KCIRT agency of choice and request KCIRT activation through that agency's KCIRT
Coordinator.
4.3 The selected KCIRT Coordinator will contact participating agencies to activate
appropriate personnel to respond to the specific incident.
4.4 When activated, the team will respond to the location designated by the agency
of primary jurisdiction. The team members assigned to an investigation shall remain available
from the time of the call out until deactivated.
4.5 Each department should establish their own guidelines as to when and if they
will request assistance from KCIRT. Participating Agencies are under no obligation to request
the assistance of KCIRT nor to respond to a request for assistance.
S. RESPONSIBLITIES OF VENUE AGENCY:
The Venue Agency shall be responsible for the following.
5.1 The Venue Agency shall ensure proper crime scene protection. This includes,
but is not limited to, immediately securing the crime scene, controlling access into the crime
scene, and recording the names of individuals who have entered the crime scene. Written
reports shall be provided by all personnel who enter a designated crime scene.
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5.2 The Venue Agency shall identify, and take reasonable steps to protect,
perishable evidence at the scene(s).
5.3 The Venue Agency shall attempt to identify witnesses who are present at the
scene. If appropriate, potential witnesses should be sequestered.
5.4 If, prior to the arrival of KCIRT personnel, a person is transported to a hospital
with life -threatening or fatal injuries, the Venue Agency shall make every effort to provide an
officer to accompany that person in order to:
5.4.1 Locate, preserve, safeguard and maintain the chain of custody for
physical evidence.
5.4.2 Obtain a dying declaration, spontaneous statement, and/or statement
of then -existing, or previous, mental or physical state.
5.4.3 Maintain custody of the person if he/she has been arrested.
5.4.4 Provide information to medical personnel about the incident that is
relevant to treatment, and obtain information from medical personnel relevant to the criminal
investigation.
5.4.5 Identify relevant people, including witnesses and medical personnel.
5.5 The Venue Agency shall make every effort to provide necessary department
personnel available to the KCIRT.
5.6 The Venue Agency shall allow use of space and equipment as needed by the
KCIRT.
5.7 If a law enforcement officer has been injured and transported to a hospital, the
agency in whose jurisdiction the hospital is located shall provide appropriate security and
assistance. The Venue Agency shall be responsible for providing necessary assistance to the
officer's family at the hospital.
5.8 Upon Venue Agency approval the Venue Agency shall be responsible for all
reasonable investigative expenditures.
5.9 The Venue Agency shall be responsible for handling and storage of all evidence.
Costs associated with extraordinary evidence items e.g. vehicles, vessels, etc. shall be borne by
the Venue Agency.
5.10 The Venue Agency requesting the KCIRT will assist the KCIRT Commander with
any requests for special support such as equipment, food, water, shelter, and transportation.
This assistance is especially needed in isolated, rural areas. Such assistance will be provided by
the Venue Agency within its abilities and available resources.
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6. RESPONSIBILITIES OF PARTICIPATING AGENCY
6.1 Each participating agency shall pay all wages and benefits due any of its
employees providing services under this Agreement, including overtime pay, worker's
compensation benefits and death benefits, in the same manner as when those employees are
on duty working directly for their employing agency.
6.2 Each participating agency shall remain responsible for the ordinary wear and tear
and routine maintenance of its respective equipment, used in support of this Agreement,
whether or not the equipment is used under the direct supervision and control of such agency.
6.3 Expenses incurred in the nature of travel, meals, and lodging and other expenses
not otherwise specifically mentioned here shall be paid by one or more of the participating
agencies in a manner determined on a case -by -case basis. Normally, the expenditure of funds
by one agency to assist another agency is roughly balanced over the long term by reciprocal
expenditures incurred when the other agency assists the first agency. In any situation where
expenses are to be reimbursed to an assisting agency, the Venue Agency must preauthorize
such expenditure.
7. DAMAGED EQUIPMENT
Each participating agency will be responsible for repairing or replacing its equipment that may
be damaged during an investigation. If the cost is substantial, the agency whose equipment
was damaged may request to share the expense with other members but no participating
agency is obligated to contribute.
8. MISCELLANEOUS SUPPLIES
Each participating agency agrees to supply its own personnel with the necessary supplies to
participate in the KCIRT (notebooks, cameras, tapes, electronic media, pens, etc.). Each
participating agency is responsible to re -supply its own personnel for expended supplies.
Unusually large expenditures may need to be discussed among participating agencies to
determine if any reimbursement or shared cost is possible.
9. EXTRAORDINARY EXPENSES
Extraordinary costs or expenses incurred in an investigation where this Agreement has been
utilized, e.g. travel, meals, lodging or other expenses not foreseen, shall be paid in accordance
with agreements established by agency heads of participating agencies on a case by case basis.
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10. MEDIA RELATIONS
The Venue Agency will be responsible for media contacts and relations. The KCIRT will keep
the Venue Agency's Public Information Officer (PIO) apprised of releasable information regularly
for dissemination. At its discretion, the Venue Agency may defer media contact to the KCIRT.
However, all releases will be pre -approved by the Venue Agency. For KCIRT responses
involving Venue Agency personnel as subjects of the investigation, the Venue Agency should
make use of a PIO with training equivalent to FEMA, FBI Academy, or other equivalent training
standards.
11. PUBLIC DISCLOSURE
The Venue Agency will be responsible for public disclosure requests associated with a KCIRT
investigation. When a KCIRT investigation is open and active all records associated with the
investigation are exempt from disclosure. Any time a Participating Agency receives a Public
Disclosure Request (PDR) while a KCIRT investigation is open and active the Participating
Agency, in recognition of the need for effective law enforcement, should notify the requestor
that the KCIRT file is exempt from disclosure. See RCW 42.56.240(1) and Newman v. King
Coun 133 Wash.2d 565 947 P.2d 712 1997 . All PDRs should be handled in consultation
with the Kitsap County Prosecutor's Office.
12. DURATION OF UNDERSTANDING
This Agreement shall take effect when it has been signed by the authorized representative of
each participating agency, and shall be renewed automatically on the annual anniversary of the
date of signing even if the signers to this Agreement no longer hold the office they represented
as signer, subject to termination as set forth herein.
13. TERMINATION, SUSPENSION OR WITHDRAWAL FROM AGREEMENT
13.1 Any party to this Agreement may withdraw from the Agreement. However, prior
to the withdrawal being effective, the withdrawing party must give a minimum of ten (10) days
written notice to the other participating agencies. Regardless of withdrawal, the terms of this
Agreement shall apply in any situation where one signing agency is then receiving mutual aid
from any other participating agency or agencies. No withdrawal of a single signer or multiple
signers will terminate the Agreement unless no more members remain signatories to the
Agreement.
13.2 In any event, regardless of the existence of this Agreement, withdrawal from this
Agreement or signing of this Agreement, all law enforcement agencies will still have full
authority to act pursuant to RCW 10.93.070, Washington Mutual Aid Peace Officers Powers Act.
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14. ADDITIONAL AUTHORITY
This Agreement shall be construed as additional authority and not as limiting any preexisting
authority of the parties with respect to mutual aid.
15. WAIVER
The failure of any party to enforce a provision of this Agreement shall not constitute a waiver by
it of that or any other provision.
16. PARTIAL INVALIDITY
16.1 It is the intent of the parties that if any part, term, or provision of this
Agreement should be adjudged invalid, the remaining portions of the Agreement shall continue
in full force and effect.
16.2 Whenever possible, each provision of this Agreement shall be interpreted in such
a way as to be effective and valid under applicable law and consistent with the current
Intergovernmental Agreement for Mutual Aid Amongst Law Enforcement Agencies in Kitsap
County, Washington.
17. AMENDMENTS
This Agreement may only be amended in writing, acknowledged by the authorized signature of
all parties.
18. LIABILITY
RCW 10.93.040 and 10.93.060 and any other applicable provisions of Chapter 10.93 govern
liability and privileges and immunities available to the parties under this Agreement. Nothing
contained in this Agreement shall be construed to create a liability or a right of indemnification
by any third party
19. SIGNATORIES' AUTHORITY
19.1 The below -signed authorized representatives are signing this Agreement
pursuant to RCW 10.93.070 and pursuant to the existing previously mutually authorized Police
Powers in their respective jurisdictions as evidenced by documents on file with the Washington
Association of Sheriffs and Police Chiefs. The authorization given by any participating agency
shall be effective on the date of signature of that entity.
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19.2 In accordance with RCW 10.93.130 and the Interlocal Cooperation Act, Chapter
39.34 RCW, this Agreement has been approved by the City Council, legislative board or head of
each jurisdiction or participating agency. The following provisions are adopted as required by
RCW 39.34.
19.2.1 As provided herein, each party shall jointly finance its operations unless a
specific agreement is reached and approved regarding a specific investigation. All such specific
addenda may be approved by the Police Chiefs of the affected parties in a prior written
agreement as provided herein.
19.2.2 The duration of this Agreement shall be indefinite and continue until
terminated by all the parties hereto.
19.2.3 No additional or organizational structure beyond that provided in Section
2.2 of this Agreement is created.
19.2.4 Any joint or cooperative understating shall be financed as provided
herein. Unless a specific agreement to reimburse or pay expenses is adopted as provided
herein, each party shall be responsible to individually budget sufficient amounts to fulfill its
obligations under this Agreement.
19.2.5 This Agreement may be terminated as provided in Section 13 hereof.
19.2.6 This Agreement shall be effective when posted on the website of any
participating agency.
20. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of
Washington.
IN WITNESS WHEREOF, the parties by the signatures of their authorized representatives have
executed this Agreement effective on the date shown by each signature.
City of Port Orchard Contract No. 083-11
City f Bremerton Police De artment
7
Date:
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Craig Rogers, Chief of Police
Date:
19.2 In accordance with RCW 10.93.130 and the Interlocal Cooperation Act, Chapter
39.34 RCW, this Agreement has been approved by the City Council, legislative board or head of
each jurisdiction or participating agency. The following provisions are adopted as required by
RCW 39.34.
1921 As provided herein, each party shall jointly finance its operations unless a
specific agreement is reached and approved regarding a specific Investigation. All such specific
addenda may be approved by the Police Chiefs of the affected parties in a prior written
agreement as provided herein.
19,2.2 The duration of this Agreement shall be indefinite and continue until
terminated by.all the parties hereto.
19.2.3 No additional or organizational structure beyond that provided in Section
2.2 of this Agreement Is created.
19.2.4 Any joint or cooperative understating shall be financed as provided
herein. Unless a specific agreement to reimburse or pay expenses is adopted as provided
herein, each party shall be responsible to individually budget sufficient amounts to fulfill its
obligations under this Agreement.
19.2.5 This Agreement may be terminated as provided in Section 13 hereof.
19.2.6 This Agreement shall be effective when posted on the website of any
participating agency.
20. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of
Washington.
IN WITNESS WHEREOF, the parties by the signatures of their authorized representatives have
executed this Agreement effective on the date shown by each signature.
CitV of Port Orchard Police Dep rtmen
By:
Lary Coppola
Mayor
Date:
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City of Brenjertorl Police Department
By:
Craig Rogers
Chief of Police
Date:
City of Bainbridge Island Police Department City of Poulsbo Police Department
By: �� By:
Brenda Bauer
City Manager
Date: 2• 1• 1Z
Washington State Patrol
Robert N. Johnson
Captain
Bremerton District Commander
Date:
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Becky Erickson
Mayor
Date:
C,�y of Bainbridge Island Police Department Cily of Poulsbo Police Department
By: By:.�
Brenda Bauer Becky Fricks
City Manager Mayor
Approved by:
By:
]on Fehlman
Chief of Police
Date:
Washington State Patrol
By:
Robert N.Johnson
Captain
Bremerton District Commander
Date:
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Date:
Cty of Bainbridge_ island Police Department City► of Poulsbo Police Department
By:
Brenda Bauer
City Manager
Approved by:
By:
Jon Fehlman
Chief of Police
Date:
9 C1 �-
Washington State Patrol �'��t..i„r4,
By:
John R. Batiste ���►ci �.rn�{L
Chief
Washington State Patrol
Date: 1
APPROVED AS TO FORM
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A; :-.- j E.&.i f AYFURNEY GENERAL
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By:
Becky Erickson
Mayor
Date: