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HomeMy WebLinkAboutSH19-042 - DNR AGREEMENT0 Mutual Law Enforcement Assistance Agreement WITH THE KITTITAS COUNTY SHERIFF'S OFFICE Agreement No. 93-100153 THIS AGREEMENT between the Kittitas County Sheriff's Office (hereinafter referred to as "Sheriff") and the Washington Department of Natural Resources (hereinafter referred to as "DNR") . PURPOSE The purpose of this Agreement is to specially commission DNR limited authority law enforcement officers in Kittitas County, Washington in compliance with the requirements of the Washington Mutual Aid Peace Officers Powers Act (chapter 10.93 RCW) and the Interlocal Cooperation Act, (chapter 39.34 RCW). RECITALS A. RCW 10.93.090 provides that a specially commissioned Washington Peace Officer as defined therein may exercise authority which the special commission vests in the officer pursuant to a Mutual Law Enforcement Assistance Agreement. B. The Washington DNR Police unit consists of limited authority Natural Resource Police Officers (hereinafter referred to as "NRPOs") who have Washington State Criminal Justice Training Commission (CJTC), basic law enforcement training or the equivalency, and maintain all CJTC training standards. C. Per RCW 10.93.130, Under the Interlocal Cooperation Act (39.34 RCW), any law enforcement agency referred to by this chapter may contract with any other agency with the requisite authority to provide mutual law enforcement assistance. D. The Sheriff, in whose primary territorial jurisdiction the exercise of the police power occurs, has the authority to specially commission NRPOs. E. Effective law enforcement depends upon the immediate action to protect lives and property and to preserve the peace without regard to jurisdictional limitations. F. The Sheriff and DNR want to provide qualified NRPOs with the authority to enforce all criminal laws of the state in Kittitas County when a NRPO is acting within the scope of his or her NRPO duty and an offense occurs within the presence of the NRPO. Agreement No. 93-100153 Page 1 of 4 G. The Sheriff is responsible for law enforcement on public lands in their County. IT IS THEREFORE MUTUALLY AGREED THAT: COMMISSION NRPOs will be special commissioned Kittitas County Deputy Sheriffs with the authority to enforce all statewide criminal laws within the primary territorial jurisdiction of the Sheriff when a NRPO is acting within the scope of his or her NRPO duty and an offense occurs within the presence of the NRPO. PARTICIPATION Participation in this Agreement is purely voluntary and is not intended to impose an affirmative obligation on NRPOs to enforce the law when an offense occurs in their presence. DNR shall have primary interest in law enforcement activities within its territorial and subject matter jurisdiction. TERMS Subject to its other provisions, the period of performance of this Agreement shall commence on the date of signature and continue for a period of five years. NO COMPENSATION This is a non-financial Agreement. In no event shall either party seek compensation for work performed under this Agreement. STATUS OF NRPO(S) A. Only NRPOs who have successfully completed a course of basic training prescribed or approved by CJTC and maintain all CJTC training standards are eligible for a limited commission under this Agreement. B. At the inception of this Agreement and whenever DNR hires any future NRPO, DNR shall provide the Sheriff with verification of the foregoing certification requirements or that the new officer meets them, as the case may be. C. DNR shall remain liable for its NRPO's salaries, workers compensation protection and civil liabilities and each NRPO shall be deemed to be performing regular duties for DNR while performing services pursuant to this Agreement. LIABILITY DNR shall be responsible for all liability of whatever nature arising from the acts of its own law enforcement officers and employees to the extent provided by law. DNR shall indemnify Sheriff for any judgments, claims or costs incurred by the Sheriff arising from the acts of DNR's own law enforcement officer and employees as permitted by law. Under no circumstances shall either party be liable for the acts of employees of the other party performed under color of this Agreement. Agreement No. 93-100153 Page 2 of 4 NOTICE AND REPORTING Whenever an NRPO acts pursuant to this special commission, the NRPO shall as soon as practicable notify the Sheriff's shift supervisor of the nature and location of the incidents. The NRPO shall promptly prepare a complete written report of the incident and provide the report to the Sheriff within 24 hours of the incident. INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. AMENDMENT This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. TERMINATION Either party may revoke this Agreement at any time upon three (3) days written notice to the other and the revocation shall be effective two (2) days after notice is received by the other party. GOVERNING LAW AND VENUE This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington and the venue of any action brought under this Agreement shall be in Superior Court for Kittitas County. ASSURANCES The parties agree that all activity pursuant to his Agreement shall be in accordance with all applicable current or future federal, state and local laws, rules, and regulations. WAIVER A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement. Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Agreement unless stated to be such in writing and signed by personnel authorized to bind each of the parties. SEVERABILITY If any term or condition of this Agreement is held invalid, such invalidity shall not affect the validity of the other terms or conditions of this Agreement. Agreement No. 93-100153 Page 3 of 4 ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other understanding, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. IN WITNESS WHEREOF, the parties have executed this Agreement by duly authorized representatives as of the date of their signatures. Dated: Dg c q 920 Dated: , 20 KITTITAS COUNTY SHERIFF'S OFFICE Signature:5��-Pitqw�- C ayton Myers WW' Title: Kittitas County Sheriff Address: 307 W. Umptanum Road Ellensburg, WA 98926 Telephone: 5 09.962.752 5 STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES Signature: Hilary S. Franz Title: Commissioner of Public Lands Address: 1111 Washington St. SE PO Box 47014 Olympia, WA 98504-7014 Telephone: 360-902-1000 Agreement No. 93-100153 Page 4 of 4