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HomeMy WebLinkAboutR-2014-113 Major Law Enforcement Operations Cooperative Agreement wtih the City of Ellensburg RESOLUTION NO. R -2014 -113 A RESOLUTION authorizing the City Manager, on behalf of the City Council, to execute an Interlocal Agreement with the City of Ellensburg to jointly cooperate in the event of major law enforcement operations WHEREAS, the City of Yakima and City of Ellensburg Police Departments are responsible for protecting lives and property, and keeping the peace; and WHEREAS, specialized Law Enforcement support is critical for high risk situations beyond the capacity of field officers; and WHEREAS, multi- agency operations are encouraged and permitted by RCW 10.93, the Mutual Aid Peace Officers Powers Act, and RCW 39.34, the Interlocal Cooperation Act; and WHEREAS, the Cities of Yakima and Ellensburg desire and require a joint response to high -risk incidents, such as school shootings, hostage negotiations, sniper incidents, riots, execution of high -risk warrants, terrorist acts, and other major incidents; and WHEREAS, the City Council finds it to be in the best interests of the City to partner with the City of Ellensburg in order to provide each other with specialized support for response to major law enforcement operations endangering public safety, Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute an Interlocal Agreement with the City of Ellensburg for the joint cooperation arid support for major law enforcement operations. ADOPTED BY THE CITY COUNCIL this 2 day of September, 2014. V d ATTEST: Micah Cawley Mayor City .I -rk 1 • " •� i S' INTERLOCAL AGREEMENT FOR LAW ENFORCEMENT MUTUAL AID AND MOBILIZATION BETWEEN THE ELLENSBURG POLICE DEPARTMENT AND YAKIMA POLICE DEPARTMENT THIS AGREEMENT is entered into this A day of E-t e a 014, under the Interlocal Cooperation Act (Chapter 39.34 RCW) and the Was Pe ( P � gton Mutual Aid Peace Officers Powers Act (Chapter 10.93 RCW) between the City of Ellensburg , the Ellensburg Police Department ( "EPD "), the City of Yakima and the Yakima Police Department ( "YPD "), herein referred to as "Cooperating Agencies" or "Agencies "and "Primary Jurisdictions ". WHEREAS, a major law enforcement operation may affect more than one law enforcement agency which necessitates joint cooperation in order that persons and property may be protected and the peace maintained; and WHEREAS, under the provisions of the Interlocal Cooperation Act, Chapter 39.34 RCW, law enforcement agencies referred to by the Washington Mutual Aid Peace Officers Powers Act may contract with other such agencies to provide mutual law enforcement assistance; and WHEREAS, the Cooperating Agencies have common goals, staffing needs, training needs, and other needs in common in the area of law enforcement, and the joint cooperation contemplated by this Agreement will allow the parties each to provide improved law enforcement services, NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1) Definitions: As used herein the following terms shall have the following meanings: a) "Party" means either the EPD or YPD as the context so requires. b) "Requesting Party" means the Party requesting the assistance of the other Party's Crisis Response Team (SWAT /CNT, YPD) or Warrant Service Team (EPD) under this Agreement. c) "Assisting Party" means the Party providing Crisis Response Team/Warrant Service Team assistance to the other Party under this Agreement. d) "Agency of Primary Jurisdiction" shall mean the Agency within which an arrest is being made, warrant served, or other law enforcement or emergency activity is occurring. Interlocal Agreement for Law Enforcement Mutual Aid - 1 e) "Cooperating Agency" or "Agency" shall mean the parties cooperating hereto. f) "Officer" shall mean a duly sworn commissioned law enforcement officer in the employ of a Cooperating Agency g) "Officer's Primary Jurisdiction" shall mean the geographic area within the territorial limits (corporate limits) of the Agency which regularly employs the officer h) "Team" shall mean either the YPD Crisis Response Team (CRU) or the EPD Warrant Service Team. 2) Authority: The authority of the Cooperating Agencies entering into this Agreement is that authority granted by the law, including, and subject to, the general powers of the parties, the Washington Interlocal Cooperation Act and the authority granted under Chapter 10.93 RCW, the Washington Mutual Aid Peace Officers Powers Act. Consistent with the provisions of RCW 10.93.001(4), this Agreement shall not create a duty to act in extraterritorial situations beyond any duty which may otherwise be imposed by law or which may be imposed by the "primary commissioning agency" as that term is defined in RCW 10.93.020(8). 3) Purpose: The purpose of this Agreement is to outline an agreement between EPD and YPD for mutual support by and between their respective Teams in the event of a special threat or major disruption within Ellensburg and Yakima cities. Situations involving Team deployment may include, but are not limited to, hostage barricade incidents, mentally disturbed persons with or without hostages, sniper incidents, terrorism response, riots and drug raids. 4) Request for. Assistance: In the event of a major law enforcement operation, the first law enforcement resources to be used shall be those of the primary responsible agency. In the event that such resources are inadequate for the primary responsible agency to safely control the situation or there is a need for a specialized unit, a request for mutual aid under this plan will be made directly to a Cooperating Agency. Such requests for assistance shall, if possible, specify the number of police officers and types of equipment required and shall further specify where and to whom such officers are to report and where and to whom the equipment should be delivered. 5) Operational Command: In the event of mobilization under this Agreement, the Agency of Primary Jurisdiction shall take charge of the operations utilizing the Incident Command System ( "ICS ") unless the Agency of Primary Jurisdiction specifically requests that a different law enforcement agency or unit fulfill this responsibility, or unless the scope of the situation is multi jurisdictional, in which case the provisions of the Statewide Mutual Aid plan become operative. Taking charge of an operation shall include directing the assignment of all personnel and equipment. The assigning of duties to officers of Assisting Agencies shall be made by the supervising officer of the Agency Interlocal Agreement for Law Enforcement Mutual Aid - 2 of Primary Jurisdiction pursuant to the ICS unless that responsibility is delegated to a different law enforcement agency. 6) Plans for Mobilization: Each Cooperating Agency should develop and maintain a current plan for mobilization of its personnel and other resources in order to effectively provide mutual aid to other cooperating agencies. 7) Agreement Management: This Agreement shall be under the coordination of EPD Operations Captain , Warrant Service Team Commander at (509) 962 -7280 or his successor or designee, and YPD Crisis Response Unit (CRU) Commander through SUNCOMM at (509) 575 -3012 They shall provide assistance and guidance to the other Party necessary for the performance of this Agreement. 8) Understanding and Agreement: The Commanders of both EPD and YPD Teams will coordinate and formalize their support plan. This support plan will be in accordance with their respective resources and needs. Each Party will share information regarding procedures pertinent to their organization. 9) Request Procedure: The Requesting Party's Chief or designee shall make requests to the Assisting_Party's Chief or designee for Team assistance to incidents within Yakima and Ellensburg cities. 10) Responsibilities: The Team Commanders shall be responsible for tactical operations, including the determination of their respective Teams' capabilities and/or limitations, and Team deployment. The Team Commanders of both agencies shall align team tactics with the strategy of the operation. In addition: a) The EPD Negotiators & YPD Crisis Negotiation Team will be used with the Teams' deployment on tactical operations, when appropriate. b) The Assisting Party will conduct joint investigations with the Requesting Party for those situations in which the Assisting Party's Team members were involved under this Agreement. c) The use of deadly force by Team members shall conform to existing Team and department policy. In the instances where there is an immediate threat of loss of life to any individual, the Team Commander shall determine the appropriate use of force for Tactical personnel and other assigned personnel. 11) Logistics: The Assisting Party shall be responsible for the provision and maintenance of its own equipment, materials, and supplies, except in cases of emergency wherein it appears to the officers or employees immediately involved that the sharing or use of equipment owned or furnished by the other Party is necessary or proper. The Requesting Party will supply all other support to include: Interlocal Agreement for Law Enforcement Mutual Aid - 3 a) Security or secure areas for Assisting Party vehicles and equipment not used. b) Appropriate rehearsal area. c) Necessary maps, drawing and data of affected property/buildings. d) Threat analysis as needed for response planning. The Assisting Party's Team may conduct further analysis of threat areas. 12) Automatic Commission: Full time, paid commissioned officers who are responding to any request for assistance under this agreement shall be automatically commissioned by virtue of this Agreement, through the commissioning authority of the Primarily Responsible Agency, and therefore shall be empowered to exercise the same police authority during the entirety of their response to a Requesting Agency as though they were fulltime commissioned officers of the Primarily Responsible Agency. This provision shall apply whether the request for assistance is based upon a formal request between department heads, Captains, Commanders or Shift Supervisors, or when the officers of one jurisdiction cross jurisdictional boundaries to aid or assist the officers of another Cooperating Agency. 13) Training: The primary jurisdiction may require that officers from participating agencies meet reasonable training and/or certification standards. 14) Documentation: Each Party agrees to exchange incident reports upon the request of the other Party involving an incident under this Agreement; provided, however, that nothing in this Section shall purport to waive, limit or remove the duties of confidentiality imposed or allowed by law. 15) Liability / Indemnification: Each Cooperating Agency shall be responsible for the wrongful or negligent actions of its employees while assigned to a cooperative effort as their respective liability shall appear under the laws of the State of Washington and/or Federal law, and this agreement is not intended to diminish or expand such liability. To that end, each Cooperating Agency shall indemnify, defend and hold harmless all other Participating Agencies, their officers, elected officials, agents and employees from and against any losses, claims, damages, demands, actions, causes of action, liability or expenses (including reasonable attorney fees) arising from or out of the wrongful or negligent acts or omissions of its employees, officers, and officials. Such liability shall be apportioned among the at -fault parties or other at -fault persons or entities in accordance with the laws of the State of Washington. The indemnification provided for in this paragraph shall survive any termination or expiration of this agreement. Nothing herein shall be interpreted to: a) Waive any defense arising out of RCW Title 5 \ b) Limit the ability of any party hereto to exercise any right, defense, or remedy which a party may have with respect to third parties or other officer(s) whose actions or inactions give rise to loss, claim or liability including, but not limited Interlocal Agreement for Law Enforcement Mutual Aid - 4 to, an assertion that the officer(s) was acting beyond the scope of his or her employment. c) Cover or require indemnification or payment of any judgment against any individuals or Agency for intentionally wrongful conduct outside the scope of employment of any individual or Agency. Payment of punitive damage awards, fines, or sanctions shall be the sole responsibility of the individual against who said judgment is rendered and/or his or her governmental employer, should that employer elect to make said payment voluntarily. This agreement does not require indemnification of any punitive damage awards or for any order imposing fines or sanctions. 16) Duration and Termination: This Agreement shall commence and be effective as of the date first written above and will automatically renew each year unless terminated sooner by mutual written agreement of the parties. Notwithstanding the foregoing, any Cooperating Agency may withdraw from this Agreement by giving written notice of termination to the other parties at least thirty (30) days prior to the date of such termination 17) Agreement Not For Benefit of Third Parties: This Agreement is entered into solely for the benefit of the parties hereto and vests no rights in, or is it enforceable by, any third parties. 18) Contract Administration. The parties do not by this agreement agree to create any separate legal or administrative entity. The parties do not intend to jointly own any real or personal property as part of this undertaking. The Signatory Agencies will cooperatively work together to further the intent and purpose of this agreement. The chiefs of police from the Signatory Agencies shall be responsible for administering the terms of this agreement. 19) Modification: The provisions of this Agreement may be modified or amended only by written mutual agreement of the parties. 20) Filing: This Agreement shall be filed with the City of Yakima Clerk and the Kittitas County Auditor and/or posted on each City's web site, as otherwise required by the provisions of RCW 39.34.040. 21) Real or Personal Property: No fixed assets or personal or real property will be jointly or cooperatively, acquired, held, used, or disposed of pursuant to this Agreement. 22) Non - Waiver: The failure of any party hereto to insist upon strict performance of any provision of this Agreement or to exercise any right based upon such a breach thereof or the acceptance of any performance during such breach shall not constitute a waiver of any right under this Agreement. Interlocal Agreement for Law Enforcement Mutual Aid - 5 • 23) Severability: In the event any term or condition of this Agreement or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications of this Agreement which can be given effect without the invalid term, condition, or application. To this end the terms and conditions of this Agreement are declared severable. 24) Governing LawfVenue: This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Any action, suit, judicial or administrative proceeding for the enforcement of this Agreement shall be brought and tried in the county of primary jurisdiction. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the date first written above. City of Yakima City of Ellensburg By: Ton . O'Rourke By: Rich Elliott, Mayor ' Cit Manager_' iciutie2aw Clerk —. I ? �i Clerk 1 ' 4 . Appr • :d as to form: 2'. Approved as to form: -•.� ar- : - t City Atto ey City Attorney James Mitchell (/ � CITY CONTRACT N0: / 3 RESOLUTION NO: • Interlocal Agreement for Law Enforcement Mutual Aid - 6 F x .11 4 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 5.E. For Meeting of: September 02, 2014 ITEM TITLE: Resolution authorizing an Interlocal Agreement with the City of Ellensburg to provide for joint cooperation in the event of a major law enforcement operation involving a special threat or major disruption SUBMITTED BY: Jim Mitchell, Assistant City Attorney SUMMARY EXPLANATION: Pursuant to RCW 10.93, Mutual Aid Peace Officers Powers Act, and RCW 39.34, Interlocal Cooperation Act, it is the intent of the Legislature to encourage local governments to form and maintain partnerships to maximize their efficiencies. Yakima and Ellensburg wish to participate in such a cooperative effort by assisting each other with specialized support in handling critical field operations such as hostage negotiations, barricaded suspects, sniper incidents, terrorism response, riots and drug raids. Resolution: X Ordinance: Other (Specify): Contract: X Contract Term: Automatically renews each year. Start Date: End Date: Item Budgeted: NA Amount: Funding Source /Fiscal Impact: Strategic Priority: Partnership Development Insurance Required? No Mail to: City of Yakima Legal Department, 200 South Third Street, 2nd FI., Yakima, WA 98901 Phone: 509 - 575 -6030 APPROVED FOR SUBMITTAL: City Manager z AkterlYe avo Ld, RECOMMENDATION: Adopt the Resolution and Approve the Interlocal Agreement for Law Enforcement Mutual Aid between the City of Yakima and the City of Ellensburg. ATTACHMENTS: Description Upload Date Type Resolution - Interlocal Agreement between the 8/25/2014 Resolution Cities of Yakima & Ellensburg (SWAT) Interlocal Agreement between the Cities of 8/25/2014 Contract Yakima & E'burg Police Depts re SWAT F x .11 4 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 5.E. For Meeting of: September 02, 2014 ITEM TITLE: Resolution authorizing an Interlocal Agreement with the City of Ellensburg to provide for joint cooperation in the event of a major law enforcement operation involving a special threat or major disruption SUBMITTED BY: Jim Mitchell, Assistant City Attorney SUMMARY EXPLANATION: Pursuant to RCW 10.93, Mutual Aid Peace Officers Powers Act, and RCW 39.34, Interlocal Cooperation Act, it is the intent of the Legislature to encourage local governments to form and maintain partnerships to maximize their efficiencies. Yakima and Ellensburg wish to participate in such a cooperative effort by assisting each other with specialized support in handling critical field operations such as hostage negotiations, barricaded suspects, sniper incidents, terrorism response, riots and drug raids. Resolution: X Ordinance: Other (Specify): Contract: X Contract Term: Automatically renews each year. Start Date: End Date: Item Budgeted: NA Amount: Funding Source /Fiscal Impact: Strategic Priority: Partnership Development Insurance Required? No Mail to: City of Yakima Legal Department, 200 South Third Street, 2nd FI., Yakima, WA 98901 Phone: 509 - 575 -6030 APPROVED FOR SUBMITTAL: City Manager z AkterlYe avo Ld, RECOMMENDATION: Adopt the Resolution and Approve the Interlocal Agreement for Law Enforcement Mutual Aid between the City of Yakima and the City of Ellensburg. ATTACHMENTS: Description Upload Date Type Resolution - Interlocal Agreement between the 8/25/2014 Resolution Cities of Yakima & Ellensburg (SWAT) Interlocal Agreement between the Cities of 8/25/2014 Contract Yakima & E'burg Police Depts re SWAT