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HomeMy WebLinkAbout2014-09-08 - SIU Special Investigation Unit - Interlocal Agreements GeneralThad L. Duvall, Auditor, Douglas County, WA. AEN * 3181902 Recorded 02:25 PM 11/13I201�? INLOAGR Page: 1 of 10 $81.00 CITY OF EAST WENATCHEE Return Document to: City of East Wenatchee Office of City Clerk Dana Barnard 271 9th St. N.E. East Wenatchee, WA 98802 As required by RCW 36.18 and RCW 65.04, the information in this boxed section is for recording purposes. The information in the boxed section does not affect the language of in the document itself. Document Title: Interlocal Agreement Re: Special Investigation Unit Reference Number of Documents Released: N/A Reference Numbers of Related Documents: N/A Grantor: City of Wenatchee Grantee: City of East Wenatchee Legal Description (Abbreviated): N/A Parcel Number(s): N/A INTERLOCAL AGREEMENT FOR SPECIAL INVESTIGATIONS UNIT (SIU) TO INVESTIGATE OFFICER INVOLVED INCIDENTS State of Washington County of Chelan I, Teresa L. England a notary public, do certify that on this _7th_ day of November 2014___, I carefully compared the attached copy of INTERLOCAL AGREEMENT FOR SPECIAL INVESTIGATIONS UNIT (SM TO INVESTIGATE OFFICER INVOLVED INCIDENTS, pages 1 - 8 with the original. It is a complete and true copy of the original docum nt. NOTARY PUBLIC STATE OF WASHINGTON TERESA L ENGLAND My Appointment Expires August 07, 20t6 igna e of Notary Pu lic) (Printed Name of Notary Public) INTERLOCAL AGREEMENT FOR SPECIAL INVESTIGATIONS UNIT (SIU) TO INVESTIGATE OFFICER INVOLVED INCIDENTS THIS INTERLOCAL AGREEMENT is effective upon the date executed by all parties and its recording with the Chelan County Auditor. In consideration of the mutual covenants below, the parties agree as follows: PARTIES. The parties to this Agreement are Chelan, Douglas, and Okanogan counties, political subdivisions of the State of Washington, the municipalities of Wenatchee and East Wenatchee, and the Washington State Patrol, an agency of the State of Washington. 2. AUTHORITY. This Agreement is entered into pursuant to Chapter 10.93 (Washington Mutual Aid Peace Officers Powers Act) and Chapter 39.34 (Interlocal Cooperation Act) of the Revised Code of Washington. 3. PURPOSE. The parties hereto desire to establish a Special Investigations Unit consisting of law. enforcement officers from the various local law enforcement agencies to help facilitate orderly, thorough and objective investigations of incidents involving law enforcement officers that result in grievous or fatal injury to another person or to an officer resulting from acts of another person. 4. FORMATION. There is hereby created a multi jurisdictional team to be known as the "SPECIAL INVESTIGATIONS UNIT" ("SIU"), the members of which shall be officers from some or all of the parties hereto and who shall be selected and shall operate in accordance with the Special Investigations Unit Protocol attached as Exhibit A and incorporated herein by reference ("SILT Protocol"). 5. DURATION AND TERMINATION. The term of this Agreement shall be through December 31', 2015. This Agreement shall automatically extend for consecutive one (1) year terms, unless terminated pursuant to the terms of this Agreement. A party may terminate this Agreement or, alternatively, withdraw its participation in SILT by providing written notice to the chief law enforcement officer for each party of its intent to terminate or withdraw from this Agreement. A notice of termination or withdrawal shall become effective upon the latter of. a) ninety (90) days after service of the notice on the chief law enforcement officers for all parties; or b) at the conclusion of any SIU investigation that is pending on the date specified by (a) above. 6. GOVERNANCE. SIU shall be governed by the SIU Protocol attached hereto and incorporated by reference. The SIU protocol may be amended from time to time by written approval of the Voting Member Agencies as defined in the SIU Page 1 of 4 /0 - i,o- Iq Protocol. Upon such amendment, the amended SIU Protocol will be provided to each Sheriff and Chief and shall supersede any prior versions of the document. 7. ASSIGNMENT OF OFFICERS. The parties agree to cooperate with respect to the assigning of officers to the SIU and that the appointment of the SIU officers will be in accordance with the SIU protocol. 8. REQUEST FOR ASSISTANCE. As stated in the SILT Protocol, departments are under no obligation to request the assistance of SIU. If the assistance of the SILT is requested, the SIU shall be activated and will operate pursuant to the SIU Protocol. 9. ALLOCATION OF LIABILITY/INDEMNIFICATION. Each party agrees to defend, indemnify, and hold harmless the other parties from and against claims, damages, losses, and expenses arising out of or resulting from its negligent or intentionally wrongful acts in the performance of this Agreement. In the event of liability for damages arising out of bodily injury to persons or damages to property caused by the concurrent negligence of the parties, each party's liability hereunder shall be limited to the extent of the damages caused by its negligence. The indemnification obligation of each party shall not be limited in any way by the application of the workmen's compensation act, Title 51 RCW, and each party expressly waives the protection afforded by such law to the extent of its indemnification obligation with respect to the parties to this Agreement but not with respect to its employees. The foregoing waiver has been mutually negotiated and agreed upon. In the event that a claim or lawsuit is brought against a party or its employee(s) for actions arising out of their conduct in the operation of the SIU, such party shall promptly notify all other parties in writing that said claim or lawsuit has been filed or commenced. 10. NO PRIOR AGREEMENTS. This Agreement and the exhibit attached hereto contain the entire agreement of the parties with respect to the subject matter of this Agreement. Any oral or written representations or understandings not incorporated in this Agreement are specifically excluded. This Agreement supersedes all prior negotiations, agreements and understandings with respect thereto. This Agreement may only be amended by a written document duly executed by all parties; provided, the SIU Protocol may be amended as provided in paragraph 6 above. 11. INTERLOCAL COOPERATION ACT PROVISIONS. No special budget or funds are anticipated nor created to implement this Agreement. It is not intended that a separate legal entity be established to conduct this cooperative undertaking, nor is the acquiring, holding, or disposing of real or personal property contemplated other than as specifically provided within the terms of this Page 2 of 4 Agreement. The Chief of Police for the Wenatchee Police Department or his or her designee shall be the Administrator of this Interlocal Agreement. 12. FILING WITH AUDITOR. This Agreement shall be filed with the Chelan County Auditor. 13. AUTHORIZED SIGNATORIES. By signing below, this signor certifies that he or she has the authority to sign this Agreement on behalf of the party, and the party agrees to the terms of this Agreement. 14. THIRD PARTY BENEFICIARIES. This Agreement does not and is not intended to confer any rights or remedies upon any person or entity other than the parties to this Agreement. Chelan County: �,� • L.Date: 9 081 Brian Burnett, Sheriff of Approved as to form: Attest: Date: Douglas County: Date: Harvey Gjesdal, Sheriff Approved as to form: Date: 10 Page 3 of 4 p, Date: man oard Date: Date: Steve Jenkins, Chairman of Board of Commissioners Attest: LN Date: 3'-'F'3 Agreement. The Chief of Police for the Wenatchee Police Department or his or her designee shall be the Administrator of this Interlocal Agreement. 12. FILING WITH AUDITOR. This Agreement shall be filed with the Chelan County Auditor. 13. AUTHORIZED SIGNATORIES. By signing below, this signor certifies that he or she has the authority to sign this Agreement on behalf of the party, and the party agrees to the terms of this Agreement. 14. THIRD PARTY BENEFICIARIES. This Agreement does not and is not intended to confer any rights or remedies upon any person or entity other than the parties to this Agreement. Chelan County: Date: Date: Brian Burnett, Sheriff Keith Goehner, Chairman of Board of Commissioners Approved as to form: Attest: Date: Date: By: By: Douglas County: ate: ate: rVLVy Gj dal, Sheriff S eve Je hairman of Bo� of Commissioners Approved as to form: tte Date: q 1q Date: ( U (d IL I By: By. 1 . Page 3-.of 4 I-%Fz Okanogan County: Date: Frank Rogers, Sheriff Approved as to form: City of East Wenatchee: Date:_ Randy Harrison, Chief of Police Approved as to form: Date: By: City of We tc ate: Tom Robbins, C 'ef of Police Flan Tuntz, Approved as to form: Attest: Date: a By: ! By: Washington State Patrol: Date: John R. Batiste, Chief of Washington State Patrol Page 4 of 4 Date: Ibby Date: Okanogan County: Date: Date:_ Jim DeTro, Chairman of Board of Commissioners Attest: Date: By: City of East Wenatchee: Date: Date: Randy Harrison, Chief of Police Steve Lacy, Mayor Approved as to form: Attest: Date: Date: By: By: City of Wenatchee: Date: Date: Tom Robbins, Chief of Police Frank Kuntz, Mayor Approved as to form: Attest: Date: Date: By: By: Washington State Patrol: WSP Contract No. C141092GSC Date: y John R. B tiste, Chief of Washington State Zatrol Page 4 of 4 Okanogan,County-: -IZ,1679 Date: Prank Rogers, She t-H Chaim) n of Board of CommissionersSkt k,.6tk*ti,l&4r Approved as t form: ttest: Dater Dater / By: A1" By: emt _ City of East Wenatchee: Date: Date: Randy Harrison, Chief of Police Approved as to form: Date: By: Steve Lacy, Mayor Attest: Date: By: City of Wenatchee: Date: Date: Tom Robbins, Chief of Police Frank Kuntz, Mayor Approved as to form: Attest: Date: Date: By: By: Washington State Patrol: Date: John R. Batiste, Chief of Washington State Patrol Page 4 of 4 Okanogan County: Date: Date: Frank Rogers, Sheriff Jim DeTro, Chairman of Board of Commissioners Approved as to form: Attest: Date: Date: By: By: City of East Wenatchee: 1, t �' C Date1/ Date: c% 1 Randy Harrison, Chief of Police Steve acy, ay o r A proved o form: Attest: Date: LAMA4 Date: R BY I/-v eVL yo /3-o � By:�ma1 �►'lGL<'GC. City of Wenatchee: Date: Date: Tom Robbins, Chief of Police Frank Kuntz, Mayor Approved as to form: Attest: Date: Date: By: By: Washington State Patrol: Date: John R. Batiste, Chief of Washington State Patrol Page 4 of 4