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HomeMy WebLinkAboutUnited States Coast Guard - Law Enforcement Assistance MEMORANDUM OF AGREEMENT BETWEEN UNITED STATES COAST GUARD AND CITY OF PORT TOWNSEND POLICE DEPARTMENT REGARDING LAW ENFORCEMENT ASSISTANCE ON BOARD COAST GUARD CUTTER OSPREY 1. PARTIES. The parties tothis Agreement are the United States Coast Guard(USCG)via USCGC OSPREY and the Port Townsend City Police Department(PTPD). 2. AUTHORITY. This Agreement is authorized under the provisions of 14 USC § 14 1 and R.C.W. Chapter 10.93. 3. PURPOSE. The purpose of this Agreement is to set forth the terms by is PTPD will provide law enforcement assistance to USC GC OSPREY. 4. RESPONSIBILITIES. Port Townsend City Police a. To the extent practicable, Port Townsend Police Department will immediately respond to USCGC OSPREY upon receiving a request for law enforcement assistance from the USCG Joint Harbor Operations Center(JHOC). b. While on board USCGC OSPREY, PTPD officer(s) will act under the direction of the USCGC OSPREY Officer In Charge and/or his/her designated representative(s). PTPD officer(s) are always authorized,however, totake action, without such direction, when immediately necessary to protect life and property. c. The signatories tothis agreement have reviewed the USCG and PTPD use of force policies and have determined that they are sufficiently aligned. As such, PTPD officers are hereby authorized to follow the PTPD use of force policy whenever responding on board USCGC OSPREY. d. Upon request, PTPD will make available to USCG any reports,evidence, oro er information created and/oro tains by PTPD related to PTPD responses on board USCGC OSPREY subject to the limitations of the Washington State Constitution, Washington to Public Records Act, the Washington State Criminal Records Act, or any other applicable law. e. PT PD officers will tour USCGC OSPREY as necessary to ensure they have the familiarity needed to appropriately respond to requests for law enforcement assistance. f. PTPD will provide training to personnel assigned to USC GC OSPREY as requested by the USCG (with the approval of the Commanding Officer) and agreed upon by both parties. USCG a. USCG will request law enforcement assistance from PTPD, when necessary, by contacting the PTPD point of contact for non-emergency situations and calling 911 for emergency situations. This assistance requested can include any and all training coordinated between the two organizations (with the approval of the Commanding Officer). b. USCG will provide PTPD officers tours of USCGC OSPREY as necessary to ensure they have the familiarity needed to appropriately respond to requests for law enforcement assistance. 5. OTHER PROVISIONS. a. Nothing in this Agreement is intended to conflict with current law or regulation ort e directives of the United States, U.S. Department of Homeland Security,U.S. Coast Guard,or the City of Port Townsend Police Department. If a to oft is Agreement is inconsistent with such authority, then that to shall be invalid,but the remaining terms and conditions oft i reement shall remain in full force and effect. b. This Agreement is not an agreement by the United States, U.S. Department of Homeland Security,U.S. Coast Guard,orthe City of Port Townsend Police Department to indemnify any party nor is it an agreement by the United States, U.S. Department of Homeland Security, U.S. Coast Guard,or the City of Port Townsend Police Department to assume financial, legal, or any other liabilities. This Agreement is also not an agreement byte United States, U.S. Department of Homeland Security, U.S. Coast Guard, or the City of Port Townsend Police Department toobligate or expend any funds. 6. POINTS OF CONTACT. PTPD Michael Evans Chief of Police, Port Townsend Police Department 360-385-2322 USCG Officer In Charge USCGC OSPREY(WPB 87307) PO Box 582 Port Townsend, WA 98368 360-385-3070 or 360-381-0480 2 7. EFFECTIVE DATE. The terms of this Agreement will become effective on the date that the last party signs the Agreement. 8. MODIFICATION. This Agreement may be modified upon the mutual written consent of both parties. A modification will become effective on the date that the last party agrees in writing to the modification. 9. TERMINATION. The terms of this Agreement, as modified with written consent of both parties, will remain in effect until agreement of the parties to terminate the Agreement. Either party may terminate this Agreement upon written notification to the other party. APPROVED BY: A� M.W. Raymond Date Captain, U.S. Coast Guard Commander,Coast Guard Sector Puget Sound David G. Timmons Date City Manager Port Townsend, WA