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HomeMy WebLinkAboutR-2002-055 Washington State Patrol & Yakima County Traffic Safety Task Force AgreementRESOLUTION NO. R-2002- 55 A RESOLUTION ratifying and adopting the Washington State Patrol and Yakima County Traffic Safety Task Force. WHEREAS, traffic crime, particularly driving under the influence, presents a danger to the health and safety of the public and is a significant problem in the City of Yakima and Yakima County ; and WHEREAS, due to the mobile nature of traffic crime, particularly driving under the influence, stopping traffic violators and drunk drivers county wide will help preserve the health and safety of the citizens of the City of Yakima; and WHEREAS, the creation of a Yakima County Traffic Safety Task Force for the purpose of targeting, apprehending and successfully prosecuting traffic offenders is an effective and efficient means of enforcing the traffic laws; and WHEREAS, an agreement to accomplish the creation of the Yakima County Traffic Safety Task Force has been adopted by Yakima County, the Washington State Patrol, the Chief of Police of the City of Yakima and police chiefs of other municipalities located in Yakima County, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City of Yakima hereby ratifies and adopts the attached and incorporated Interagency Agreement with the Washington State Patrol and Yakima County Traffic Safety Task Force. ADOPTED BY THE CITY COUNCIL this 7th day of May, 2002. A 1"1'bST: AZC-4 Place, Mayor City Clerk INTERAGENCY AGREEMENT WASHINGTON STATE PATROL AND YAKIMA COUNTY TRAFFIC SAFETY TASK FORCE AGREEMENT No. C010564GSC WHEREAS, an entity known as the Yakima County Traffic Safety Task Force has been created for the purpose of targeting, apprehending, and successfully prosecuting individuals guilty of traffic infractions and offenses in general and DUI's in particular; and WHERFAS, it is the desire of various law enforcement agencies within Yaiim_} County to participate in such Task Force; and WHEREAS, multi -agency participation in such a Task Force is possible by virtue of the Washington Mutual Aid Peace Officer Powers Act set forth in Chapter 10.93 RCW and/or by the Interlocal Cooperation Act set forth in Chapter 39.34 RCW: NOW, THEREFORE, it is mutually agreed as follows: DURATION This Agreement shall be in effect for a period of two (2) years from its effective date of June 1, 2001. PURPOSE The purpose of this Agreement shall be the apprehension and successful prosecution of individuals guilty of traffic infractions and offenses in general and DUI's in particular within specifically targeted areas of Yakima County. FINANCING Each participating agency shall bear the financial responsibility for such of its employees as participate in the Task Force, including but not limited to salary, benefits, and workers' compensation insurance. AGREEMENT No. C010564GSC INTERAGENCY AGREEMENT BETWEEN THE WASHINGTON STATE PATROL AND YAKIMA COUNTY TRAFFIC SAFETY TASK FORCE (CONTINUED) Participating agency officers who choose to incarcerate subjects arrested during designated Task Force events may do so without the arresting agency incurring any related expense for said prisoner incarceration and/or associated medical expenses while in custody. Officers of a particular agency may still book a prisoner into their own facility as done in past practice. This is pursuant to existing Mutual Aid Agreements between Yakima County law enforcement agencies and the Yakima County Department of Corrections. Any court costs associated to criminal or traffic infraction filings, as a result of a Task Force event arrest, shall be waived by the Yakima County District Court pursuant to existing agreements and past practice. The waiver of cost is dependent on the proper filing of the citation/infraction by the arresting agency. TERMINATION This Agreement shall automatically terminate two years from its effective date, unless an earlier termination date is agreed upon in writing by all parties. ADMINISTRATION This Agreement shall r:. :- dministeu:_cl by19_ int board comprised of the Yak.: -f,,4 Coun t/ Department of Corrections, Yakima County Prosecutor's Office, and Yakima County Sheriff and Chiefs of Police for the cities of Yakima, Zillah, Wapato, Grandview, Selah, Toppenish, Yakama Tribal, Granger, Sunnyside, Union Gap, Mabton, Tieton, Moxee, Washington State Patrol, or their respective delegates. OPERATIONS Task Force operations shall be coordinated by a Yakima County Washington State Patrol employee holding a rank of sergeant or higher. In addition, an on -scene first -level supervisor, holding a rank of sergeant or higher, shall be provided for each separate Task Force operation by the department(s) having primary jurisdiction of the area being targeted by that particular Task Force operation. Operation procedures shall be governed by the "Multi -Agency Traffic Safety Emphasis Patrol Task Force Operational Guideline," attached hereto as Attachment 1. -2 AGREEMENT No. C010564GSC INTERAGENCY AGREEMENT BETWEEN THE WASHINGTON STATE PATROL AND YAKIMA COUNTY TRAFFIC SAFETY TASK FORCE (CONTINUED) COORDINATION The Task Force Coordinator shall be responsible for coordinating Task Force -related communications between participating agencies. FILING A copy of this Agreement shall be filed with the Secretary of State for the State of Washington and with the Yakima County Auditor. PARTICIPATING AGENCIES A list of the agencies which will be participating in the Yakima County Traffic Safety Task Force is attached hereto as Attachment 2. The list of authorized agencies may be modified from time to time to add or delete agencies. Each participating agency shall maintain a current list of authorized agencies on file, together with a copy of this Agreement. CONSENT The undersigned hereby individually consent to the full exercise of peace officer powers within their res,.ctive j►.,,Y-_-_ ctionc by any and all properly certificateo o;ficc,s engaged in any operation of the Yakima County Traffic Safety Task Force. Each such consent shall be valid during the tenure of the respective undersigned individuals. RESPONSIBILITIES The above-mentioned consents (CONSENT) are not intended to reallocate, under RCW 10.93.040, the responsibility of the participating agencies for the acts or omissions of their officers. -3 AGREEMENT No. C010564GSC INTERAGENCY AGREEMENT BETWEEN THE WASHINGTON STATE PATROL' AND YAKIMA COUNTY TRAFFIC SAFETY TASK FORCE (CONTINUED) IN WITNESS WHEREOF, the Washington State Patrol and Yakima County Traffic Safety Task Force have executed this Agreement as of the date and year written below: Chief Robert M. Leichner Washington State Patrol Date APPROVED AS TO FORM: Assistant Attorney General 141;7/ a04i Date C ��4 Washington State Patrol Budget and Fiscal Service Date -4- AGREEMENT No. C010564GSC Attachment 1 MULTI -AGENCY TRAFFIC SAFETY EMPHASIS PATROL TASK FORCE OPERATIONAL GUIDELINE Purpose: The Multi -Agency Traffic Safety Emphasis Patrol Task Force is committed to the prevention of collisions caused by unsafe driving and alcohol and drug -impaired driving, in particular, through coordinated deterrence. OBJECTIVES A. To reduce the incidence and prevalence of unsafe driving and alcohol and drug -impaired driving in Yakima County. B. To increase law enforcement manpower to maximum levels in high -traffic, high -DUI, and high -collision areas. C. To increase public attention to the risks of unsafe driving, DUI, and other important traffic safety issues, such as the use of safety restraints. D. To focus media attention on the prevalence of DUI, unsafe driving, and the coordinated efforts being 'Nought to bear Lo prevent V -em. E. To enhance communication and cooperation among law enforcement agencies in Yakima County. SELECTION OF OFFICERS A. Each participating agency will be asked to provide at least one officer for each Emphasis Patrol. Agencies with restricted jurisdictions will be asked to offer an equivalent, alternative level of participation. B. All participating officers must have completed the basic state Academy. C. Participating agencies will be encouraged to assign highly motivated officers who have demonstrated a commitment to traffic safety and DUI enforcement. SUPERVISION A. A first -level supervisor will be required from agencies where major emphasis occurs. B. The supervisor(s) will work the entire Emphasis Patrol shift and will have overall responsibility for the assigned officers. C. The supervisor(s) will field all questions and complaints concerning the Emphasis Patrol. All citizen complaints will be forwarded to the parent agency of any officer involved in the complaint. A AGREEMENT No. C010564GSC D. The supervisor(s) will have the sole authority to return an officer to his/her agency as a result of inappropriate behavior. E. Officers assigned to the Emphasis Patrol will be expected to follow their parent agency's policies with regard to pursuit and arrest procedures and all other matters of professional conduct. However, officers will also be expected to follow the direction of the Emphasis Patrol supervisor(s). F. The officers provided by the agencies, under the terms of this Agreement, shall be under the direct command and control of the head of their respective agency or designee and shall perform the duties required by this Agreement in a manner consistent with their agency's policy and regulations, applicable state and local laws, and the Constitutions of the State of Washington and the United States. G. The assignment of WSP personnel to accomplish the purpose_ of. this Agreement shall be at the discretion of the Chief of the Washington State Patrol or designee. OFFICER RESPONSIBILITY A. Officers will work their assigned areas according to the guidelines provided by the supervisor(s), focusing on detection and apprehension of impaired drivers. B. When an arrest is made, the arrestee will be taken to the nearest participating BAC Verifier facility for processing or to the Yakima County jail. C. Officers will follow their parent agency guidelines for report writing. Unless otherwise required by an officer's parent agency, each arrest will be filed in the jurisdiction of the arrest. D. At the end of the Emphasis Patrol shift, each officer will provide the supervisor(s) with an account of their activity for that shift using the activity log form provided. E. Emphasis Patrol officers will be responsible for one another's safety, and they will be expected to provide backup and cover for one another. F. Officers will respond to traffic accidents to provide assistance and traffic control. If an accident is alcohol-related, the Emphasis Patrol officer will investigate and make any arrests or citations necessary. If alcohol is not involved, investigation will be left to the appropriate regular duty officer(s). G. Coffee and lunch breaks will be provided; however, these breaks will be restricted to no more than three (3) marked units together at one time. H. If citizens inquire as to the presence of an outside agency officer in the emphasis area, officers will explain their role in the DUI Task Force Emphasis Patrol. -B AGREEMENT No C010564GSC HOLD HARMLESS It is understood and agreed that this Agreement is solely for the benefit of the parties hereto and gives no right to any other party. No joint venture or partnership is formed as a result of this Agreement. Each party hereto agrees to be responsible and assumes liability for its own wrongful or negligent acts or omissions, or those of its officers, agents, or employees to the fullest extent required by law, and agrees to save, indemnify, defend, or hold the other party harmless from any such liability. In the case of negligence of either agency, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each party, and each party shall have the right to seek contribution from the other party in proportion to the percentage of negligence attributable to the other party. C AGREEMENT No C010564GSC Attachment 2 TRAFFIC SAFETY TASK FORCE LIST OF AGENCIES Grandview Police Department Granger Police Department Mabton Police Department Moxee Police Department Selah Police Department Sunnyside Police Department Tieton Police Department Toppenish Police Department Union Gap Police Department Wapato Police Department Washington State Patrol Yakama Tribal Police Yakima County Sheriffs Department Yakima County Department of Corrections Yakima County Prosecutor's Office Yakima Police Department Zillah Police Department D AGREEMENT No. C010564GSC INTERAGENCY AGREEMENT BETWEEN THE WASHINGTON STATE PATROL AND YAKIMA COUNTY TRAFFIC SAFETY TASK FORCE (CONTINUED) Grandview Chief of Police Date -5- AGREEMENT No. C010564GSC INTERAGENCY AGREEMENT BETWEEN THE WASHINGTON STATE PATROL AND YAKIMA COUNTY TRAFFIC SAFETY TASK FORCE (CONTINUED) ki 22 Prosecutor's Office Date ..5--/6— a/ 5 AGREEMENT NO. C010564GSC INTERAGENCY AGREEMENT BETWEEN THE WASHINGTON STATE PATROL AND YAKIMA COUNTY TRAFFIC SAFETY TASK FORCE (CONTINUED) Yakima Chief of Police Date 5 AGREEMENT No. C010564GSC INTERAGENCY AGREEMENT BETWEEN THE WASHINGTON STATE PATROL AND YAKIMA COUNTY TRAFFIC SAFETY TASK FORCE (CONTINUED) DV/3/0 ( Granger Chief of Police Date -5 AGREEMENT No. C010564GSC INTERAGENCY AGREEMENT BETWEEN THE WASHINGTON STATE PATROL AND YAKIMA COUNTY TRAFFIC SAFETY TASK FORCE (CONTINUED) 4,a .g.4 Mabton Chief of Police Date -5 AGREEMENT No. C010564GSC INTERAGENCY AGREEMENT BETWEEN THE WASHINGTON STATE PATROL AND YAKIMA COUNTY TRAFFIC SAFETY TASK FORCE (CONTINUED) Moxee Chief of Police Date 5 AGREEMENT No. C010564GSC INTERAGENCY AGREEMENT BETWEEN THE WASHINGTON STATE PATROL AND YAKIMA COUNTY TRAFFIC SAFETY TASK FORCE (CONTINUED) sjz`I( o1 Selah Chief of Police Date -5- AGREEMENT No. C010564GSC INTERAGENCY AGREEMENT BETWEEN THE WASHINGTON STATE PATROL AND YAKIMA COUNTY TRAFFIC SAFETY TASK FORCE (CONTINUED) Sunnyside C ief of Police -5- ,_r—sv7,- o, Date AGREEMENT No C010564GSC INTERAGENCY AGREEMENT BETWEEN THE WASHINGTON STATE PATROL AND YAKIMA COUNTY TRAFFIC SAFETY TASK FORCE (CONTINUED) -6( Tieton Chief of Police Date -5 AGREEMENT No. C010564GSC INTERAGENCY AGREEMENT BETWEEN THE WASHINGTON STATE PATROL AND YAKIMA COUNTY TRAFFIC SAFETY TASK FORCE (CONTINUED) -76) 4e3 -Vo r penish Chief of Police Date -5 AGREEMENT No. C010564GSC INTERAGENCY AGREEMENT BETWEEN THE WASHINGTON STATE PATROL AND YAKIMA COUNTY TRAFFIC SAFETY TASK FORCE (CONTINUED) 3IL LvC-24 Union Gap Chief of Police Date c i5 -qt 5 AGREEMENT No. C010564GSC INTERAGENCY AGREEMENT BETWEEN THE WASHINGTON STATE PATROL AND YAKIMA COUNTY TRAFFIC SAFETY TASK FORCE (CONTINUED) Wapato Chief of Police 7- AA - del Date -5 AGREEMENT No. C010564GSC INTERAGENCY AGREEMENT BETWEEN THE WASHINGTON STATE PATROL AND YAKIMA COUNTY TRAFFIC SAFETY TASK FORCE (CONTINUED) Yakima Date -5 AGREEMENT No. CO1 0564GSC INTERAGENCY AGREEMENT BETWEEN THE WASHINGTON STATE PATROL AND YAKIMA COUNTY TRAFFIC SAFETY TASK FORCE (CONTINUED) Yakima C. my D-.-ent of rrections -5 AGREEMENT No. C010564GSC INTERAGENCY AGREEMENT BETWEEN THE WASHINGTON STATE PATROL AND YAKIMA COUNTY TRAFFIC SAFETY TASK FORCE (CONTINUED) h Chief of Police Date -5 AGREEMENT NO. CO1 O564GSC INTERAGENCY AGREEMENT BETWEEN THE WASHINGTON STATE PATROL AND YAKIMA COUNTY TRAFFIC SAFETY TASK FORCE (CONTINUED) Orr - Yakima Chief of Police Date CITY CONTRACT °40: ,© ,(,2 _ Gl,.c..._. -5 AGREEMENT No. C010564GSC BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. Ah 1 For Meeting Of May 7, 2002 I'1'EM TITLE: Ratification of Interagency Agreement with the Washington State Patrol and the Yakima County Traffic Safety Task Force Agreement No. C010564GSC SUBMI'1"1'E;D BY: Chief Don Blesio CONTACT PERSON/TELEPHONE: Chief Don Blesio, 575-6211 or 1 Lt. Gary Belles, 576-6547 or Jeff Cutter, 575-6033 SUMMARY EXPLANATION: The Yakima County Traffic Safety Task Force has been created for the purpose of targeting, apprehending, and successfully prosecuting individuals guilty of traffic infractions and offenses in general and DUI's in particular. The creation of the task force allows for efficient use and concentration of resources and reduces financial cost and liabilities to participating jurisdictions. It is in the public interest that the Yakima Police Department participate in this task force as it serves to enhance the safety of City residents. The Interlocal Cooperation Act set forth in RCW 39.34 requires that this agreement be ratified by the Council before the general provisions of the agreement take effect. Resolution X Ordinance Other (Specify) Contract Mail to (name and address): Phone: Funding Source APPROVED FOR SUBMI1"1'AL: City Manager STAFF RECOMMENDATION: Staff recommends approval. BOARD/ COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2002-55