INTERLOCAL COOPERATION ACT AGREEMENT 

FOR MUTUAL AID BETWEEN 

KITSAP COUNTYAND 

THE SUQUAMISH TRIBE 

THIS AGREEMENT ("Agreement") is entered into under the Jnterlocal Cooperation Act (Chapter 39.34 RCW), 

and the Tribal Police Officers Act, (Chapter 10.92 RCW), and under the Constitution of the Suquamish Tribe, 

between Kitsap County and the Suquamish Tribe ("Tribe") in order to provide mutual aid as provided herein. 

WHEREAS law enforcement agencies, such as the Kitsap County Sheriff's Office and the Suquamish Tribal Police 

have the responsibility for protecting lives and property and keeping the peace; and 

WHEREAS effective law enforcement depends upon the ability ofresponding officers to take emergency action to 

protect lives and property and to preserve the peace, without regard to jurisdictional limitations; and 

WHEREAS the Tribal Police Officers Act, Laws 2008 c 224 (EBB 2476), (Chapter 10.92 RCW), provides a means 

to grant tribal police officers authority to act as general authority Washington peace officers and to act beyond the 

exterior boundaries ofthe Port Madison Indian Reservation; and 

WHEREAS it is necessary and desirable that a cooperative agreement be executed for the p~pse of 

effectuating efficient law enforcement within Kitsap County and the boundaries ofthe Port Madison Indian 

Reservation; and 

WHEREAS it is not intended that the traditional law enforcement responsibilities ofthe signatory agencies be 

altered or that the agencies' existing authority be diminished, but rather that they be empowered to act in 

appropriate situations; and 

WHEREAS it is intended that tribal police officers who have successfully fulfilled the requirements ofRCW 

43.101.157 and who are employed by a tribal authority which has provided sufficient proof ofinsurance to the 

Office ofFinancial Management for the State of Washington and in all other respects qualified to act under the 

Tribal Police Officers Act are eligible to act as general authority Washington peace officers. 

NOW, THEREFORE, the parties agree as follows: 

I. PURPOSE: The Tribal Police Officers Act requires adequate vehicular and professional liability 

insurance, tribal police officer certification, and an interlocal agreement before a tribal police officer 

may be recognized and authorized to act as a general authority Washington police officer. This 

agreement is intended to recognize the further cooperation between the parties and support the Tribe's 

participation in local law enforcement efforts. 

2. RESPONSIBILITIES: 

a. PEACE OFFICER AUTHORITY; Upon approval by the State Office ofFinancial 

Management, a Suquamish Tribal Police Officer who is authorized under the Tribal Police 

Officers Act shall be recognized and authorized to act as a general authority Washington peace 

officer. All ofthe activity ofthat officer shall be in accord with the laws ofthe State of 

Washington and the United States ofAmerica 

b. 1RIBAL AUTHORITY: This agreement shall not expand or diminish the authority or 

jurisdiction ofany tribal court or other tribal authority. 

c. GEOGRAPHIC AUTHORITY: The authority granted herein shall be coextensive with the 

exterior boundaries ofthe Port Madison Indian Reservation, except that a Suquamish Tribal 

IN1ERLOCAL COOPERATION ACT AGREEMENTFORMUTUALAID 

BETWEENKITSAP COUNTY AND THE SUQUAMISHTRIBE 
Police officer who is commissioned or granted authority under RCW 10.92.020 and this 

Agreement may be authorized to act as provided by RCW 10.93.070. 

d. NO AGENCY OR EMPLOYEE STATUS: The authority granted herein does not create 

an agency or employee status between any Suquamish Tribal Police officer and any state or 

local government, or between a Kitsap County Officer and the Suquamish Tribe. 

e. SOVEREIGNTY RETAINED: Nothing in this Agreement will affect the existing status 

and sovereignty ofthe Suquamish Tribe. Further, all immunities from liability and 

exemptions under state, federal, or tribal laws, ordinances and regulations which law 

enforcement officers have, in their own jurisdiction and in the jurisdiction for whom they 

are acting as law enforcement officers shall be effective in the jurisdiction in which they are 

giving assistance, unless otherwise prohibited by law. 

£ PROMPT REPORTING: Any Suquarnish Tribal Police officer issuing any Notice of 

Infraction, issuing any criminal citation, making any arrest, or completing any incident 

report while acting in the capacity ofa general authority Washington peace officer pursuant 

to this Agreement is responsible for filing any required notices and citations with the 

appropriate court or as directed by the Kitsap County Prosecuting Attorney. Each agency is 

responsible to maintain its own records. 

g. COURT PROCESS: Any notice ofinfraction or citation issued by a Suquarnish Tribal 

Police officer while acting in the capacity ofa general authority Washington peace officer 

pursuant to this Agreement must be to a Washington State court. Any citation or infraction 

issued by a Suquamish Tribal Police officer within the exterior boundaries ofthe Port 

Madison Reservation pursuant to Suquamish Tribal Police authority under Federal and/or 

Tribal law will be cited to Federal and/or Suquarnish Tribal Court. 

h. INVESTIGATIONS/WARRANTS AND ARREST: Any investigation, warrant, or arrest 

undertaken under state law authority pursuant to this Agreement must be undertaken in 

accordance with applicable state or federal law. 

1. REFERRAL TO PROSECUTING AUTHORITY: Whenever any matter is going to be 

referred to the Kitsap County Prosecuting Attorney for consideration offiling criminal 

charges, the Tribe agrees to provide all necessary reports and/or complete all necessary 

paperwork as required by the Kitsap County Prosecuting Attorney. 

J. NOTIFICATION TO PROSECUTING ATTORNEY: In the event that any Suquarnish 

Tribal Police officer who has been certified by the Washington State Criminal Justice 

Training Commission should become decertified, the Tribe agrees to notify the Kitsap 

County Sheriff and the Kitsap County Prosecuting Attorney immediately. In the event that 

any Suquamish Tribal Police officer becomes the subject ofany sustained finding of 

misconduct involving truthfulness or ofany other instance that might be considered as 

"Brady'' material (Brady v. Maryland), The Tribe will immediately report the derogatory 

information to the Kitsap County Prosecuting Attorney. 

k. JAIL BOOKINGS: This agreement does not alter the existing arrangement for tribal 

officers booking tribal members into the jail. Ifthe tribal officer is booking a non-native 

suspect pursuant to this Agreement, then the County will be responsible for the associated 

costs ofthe booking. 

I. PRE-TRIAL INTERVIEWS and MOTIONS: The Tribe agrees that its personnel shall be 

available to the Kitsap County Prosecutor at reasonable times and upon reasonable notice 

for any necessary pretrial interviews, depositions, or motions. 

m. LIMITED NOTICE OF CONSENT: This Agreement suffices as the County's limited 

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Notice ofConsent under authority ofRCW 10.93.070 subject to the Protocols as 

established in a separate document entitled "Protocols." 

n. TERM OF AGREEMENT: This agreement will be effective for a period often (10) years, 

and will be deemed by the County and the Tribe to have been renewed successfully for ten 

(10) additional years at the end ofeach term ofrenewal, unless a party has earlier 

terminated the Agreement as set forth in Paragraph 9. 

o. MANNER OF FJNANCJNG: No transfer offunds is intended by this agreement. Each 

party is responsible for its own costs. 

p. ADMINISTRATION: The following individuals are designated as representatives ofthe 

respective parties. The representatives are responsible for administration ofthis Agreement 

and for coordinating and monitoring performance under this Agreement. In the-event such 

representatives are changed, the party making the change shall notify the other party. 

Kitsap County's representative will be the Kitsap County Sheriff. 

Kitsap County Sheriff 

614 Division St 

Port Orchard WA 98366 

The Suquamish Tribe's representative is the Tribal Chief ofPolice: 

Suquamish Chief ofPolice 

P.O.Box498 

Suquamish, WA 98392 

q. TREATMENT OF ASSETS AND PROPERTY: No fixed assets or personal or real 

property will be jointly or cooperatively, acquired, held, used, or disposed ofpursuant to 

this Agreement. 

r. INDEMNIFICATION: Each party agrees to defend and indemnify the other party and its 

elected and appointed officials, officers, employees and agents against all claims, losses, 

damages, suits and expenses, including reasonable attorneys' fees and costs, to the extent 

the claims arise out of, or result from, the performance ofthis agreement by the indemnitor 

or its elected and appointed officials, officers, employees or agents. Each indemnitor' s duty 

to defend and indemnify extends to claims by the elected or appointed officials, officers, 

employees or agents ofthe indemnitor or ofany contractor or subcontractor ofindemnitor. 

Kitsap County waives its immunity under Title 51 (Industrial Insurance) ofthe Revised 

Code ofWashington solely for the purposes ofthis provision and acknowledges that this 

waiver was mutually negotiated. This provision shall survive the expiration or termination 

ofthis Agreement. 

s. INSURANCE: The Tribe will maintain insurance and provide proof ofsuch coverage as is 

required by RCW 10.92.020(2)( a). 

t. TERMINATION: Any party to this Agreement may terminate this Agreement upon thirty 

(30) days' notice in writing either personally delivered or mailed postage-prepaid by 

certified mail, return receipt requested, to the other party's last known address for the 

purposes ofgiving notice under this paragraph. Ifthis Agreement is terminated, the parties 

shall be liable only for performance rendered or costs incurred in accordance with the terms 

ofthis Agreement prior to the effective date oftermination. Termination ofthis Agreement 

by any party shall not affect or diminish authority exercised prior to delivery ofthe notice of 

termination. Termination ofthis Agreement does not relieve any party ofits agreement to 

insure without interruption and to indemnify the other party as required herein for any 

liability or expense arising out ofactions prior to the time termination becomes effective. 

INTERLOCALCOOPERATION ACT AGREEMENTFORMUTUALAID 

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u. CHANGES, MODIFICATIONS, AMENDMENTS, AND WAIVERS: No changes, 

modifications or amendments to this Agreement will be valid or binding upon the parties 

unless such changes, modifications or amendments are in writing and executed by the 

parties. Waiver ofbreach ofany term or condition ofthis Agreement must be contained in a 

writing executed by the parties and shall not be considered a waiver ofany prior or 

subsequent breach. · 

v. SEVERABILITY: In the event any term or condition ofthis Agreement or application ofit 

to any person or circumstance is held invalid by a court of competent jurisdiction, such 

invalidity will not affect other terms, conditions or applications ofthis Agreement which 

can be given effect without the invalid term, condition, or application. To this end, the terms 

and conditions ofthis Agreement are declared severable. 

w. ENTIRE AGREEMENT: This Agreement contains all the terms and conditions agreed 

upon by the parties. All items incorporated herein by reference are attached including the 

Protocols. No other understandings, oral or otherwise, regarding the subject matter ofthis 

Agreement shall be deemed to exist or to bind any ofthe parties hereto. 

x. GOVERNING LAW. This Agreement shall be governed by the laws ofthe State of 

Washington as to interpretation, validity and performance. 

3. LIMITED W AIYER OF SOVEREIGN Th11YIUNITY: The Tribe expressly reserves all ofits 

inherent sovereign rights as a sovereign Tribe, including its rights as a federally recognized Tribe 

to sovereign immunity from suit in any state, federal or tribal court without the Tribe's explicit 

consent. By entering into this Agreement, the Tribe hereby grants a limited waiver of sovereign 

immunity to Kitsap County only, subject to and conditioned on the following: 

a. This limited waiver ofsovereign immunity may not and will not extend to or be used for or to the 

benefit ofany other person or entity ofany kind or description whatsoever, including any 

successor or assign ofKitsap County. 

b. Nothing contained in this Agreement will be deemed a consent to levy ofany judgment, lien or 

attachment upon any assets, property, or interest ofthe Tribe except as specifically described 

herein.· 

c. Nothing in this Agreement nor any activity ofthe Tribe will implicate or in any way involve the 

trust assets or credit ofthe Tribe or any ofits members. 

d. The Tribe hereby expressly waives sovereign immunity to suit only with respect to claims made 

relating to; or arising under, this Agreement by any party, to interpret or enforce the terms ofthis 

Agreement, or upon a claim ofindemnification by Kitsap County to this Agreement under 

Section 2(q). The limit for any claim ofindemnification will be the insurance limit required by 

this Agreement. The parties agree that in discharging this indemnification obligation, where the 

required insurance is procured, the County shall look only to the proceeds ofthe insurance 

procured by the Tribe herein. 

The Tribe agrees to assign over to the County, at its request, any and all of its rights against the 

insurer to effectuate a payment due under its indemnification provision. Should the Tribe fail to 

procure and maintain the insurance required by this Agreement, the Tribe hereby waives any 

claim of immunity or exemption for any assets it holds that are not subject to a restriction against 

alienation up to the amount necessary to discharge the indemnity obligation and the costs of 

collection. 

All immunities enjoyed by County law enforcement officers under state or federal law shall inure 

to the benefit of Authorized Tribal Officers when exercising Washington peace officer authority 

pursuant to chapter 10.92 RCW and the terms ofthis Agreement. 

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BEfWEENKITSAP COUNfYAND THE SUQUAMISH1RIBE 
Nothing in this Agreement shall preclude the Parties, or their employees, agents, or 

representatives from seeking the applicable benefits and protections ofthe Federal Tort Claims 

Act. It is expressly agreed and understood that the indemnification provided for in this 

Agreement is for the benefit ofthe Tribe and County and their respective Authorized Tribal 

Officers and Commissioned Deputies individually only, and there is no intention by the parties to 

confer any other rights. 

4. CONFLICT WITH PRIOR AGREEMENT: In the event ofa conflict between the terms ofthis 

Agreement and the terms ofany other agreement between the Suquamish Tribe and Kitsap County (as 

currently in effect or as extended), the terms ofthis Agreement shall control. 

IN WITNESS WHEREOF, The Suquamish Tribe has executed this Agreement thisWciay of 

Ot,1,v-L , 2017. 

APPROVED: 

1HE SUQUAMISH TRIBE 

~

Chairman, Suquamish Tribe 

-

PO Box498 

Suquamish, WA 98392 

//~...re..., IN WITNESS WHEREOF, Kitsap County Sheriff's Office has executed this Agreement this _GO__ 

day of TL.A ~:e , 2011. 

APPROVED: 

INTER.LOCAL COOPERATION ACT AGREEMENTFORMUTUALAID 5

BETWEENKITSAP COUNTY AND THE SUQUAMISHTRIBE 
Dated this '2.~..kv.... day of_~_·~~=·~~---~' 2017. 

BOARD OF COUNTY COMMISSIONERS 

KITSAP COUNTY, WASHINGTON 

AITES~ 

~~~ Dana Daniels, Clerk ofthe Board 

1N1ERLOCALCOOPERATIONACT AGREEMENTFORMUIUALAID 

BEIWEENKITSAP COUNTYAND 1HE SUQUAMISH1RIBE 

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