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Home My WebLink AboutR-2014-114 SWAT Team Cooperative Agreement wtih the City of Grandview RESOLUTION NO. R -2014 -114 A RESOLUTION authorizing the City Manager, on behalf of the City Council, to execute an Interlocal Agreement/Memorandurn of Understanding with the City of Grandview to form and maintain a Special Weapons and Tactics (SWAT) Team available for response to high risk incidents occurring within their respective jurisdictions. WHEREAS, the City of Yakima and City of Grandview 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 Grandview desire and require an immediately available response to high -risk incidents, such as school shootings, hostage negotiations, snipers, barricaded suspects, execution of high -risk warrants, terrorist acts, and other high risk situations; and WHEREAS, the City Council finds it to be in the best interests of the City to partner with the City of Grandview for the formation and maintenance of a specialized Special Weapons and Tactics (SWAT) Team immediately available for response to high risk situations 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/ Memorandum of Understanding with the City of Grandview for the formation and maintenance of a Special Weapons and Tactics (SWAT) Team. ADOPTED BY THE CITY COUNCIL this 2 day of September, 2014. ATTEST: Micah Cawley, Mayor )1 •1r Clerk > - / fi , . 0 J• ,. �� INTERLOCAL AGREEMENT FOR LAW ENFORCEMENT MUTUAL AID BETWEEN THE CITY OF YAKIMA AND THE CITY OF GRANDVIEW WHEREAS, law enforcement agencies have the responsibility of protecting lives and property and keeping the peace; and, WHEREAS, it is necessary and desirable that a cooperative agreement be executed for the purpose of forming and maintaining a Special Weapons and Tactics (SWAT) team comprised of commissioned officers from both agreeing agencies which is capable of responding to incidents of a high risk nature; and, WHEREAS, multi agency participation in this agreement is possible by Chapter 10.93 RCW (Mutual Aid Peace Officers Powers Act) and Chapter 39.34 (Interlocal Cooperation Act.) NOW THEREFORE, it is mutually agreed as follows; PARTICIPATING AGENCIES The agencies that have agreed to participate in this Memorandum of Understanding (MOU) are the Grandview Police Department and the Yakima Police Department. COMMENCEMENT AND DURATION This MOU shall become effective on the date it is executed by both signing parties and is intended to be indefinite. Any agency may terminate their participation in this Agreement by providing no less than thirty (30) days written notice to all parties signing this document, PROVIDED that any obligation or liability arising directly or indirectly from an occurrence prior to the date sought for such termination shall not be excused. FUNCTION The primary function of the SWAT team is to provide specialized support in handling critical field operations where special tactical deployment methods beyond the capacity of field officers appear to be necessary. Such operations include but are not limited to hostage taking, barricaded suspects, snipers, execution of high -risk search warrants, terrorist acts and other high -risk incidents. PERSONNEL AND SUPERVISION Each participating agency shall bear the financial responsibility for its own employees including but not limited to salary, benefits and workers compensation insurances in accordance with each agency's policies. Day to day operations of the SWAT team will be supervised by a member of the Yakima Police Department designated as the Crisis Response Unit (CRU) Commander. 1 Selection of personnel assigned to the SWAT team will be the responsibility of the CRU Commander. The selection process will include but not be limited to an oral board, physical agility test, SWAT basic handgun and rifle qualification course. Once assigned to the SWAT team, each member will be required to maintain a passing score on the physical fitness evaluation and the firearms qualification no less than twice yearly. They must also meet training attendance standards as per the Standard Operating Procedures of the SWAT team. Personnel and agency specific matters that arise from conduct other than when deployed or assigned to SWAT are to be handled through the officer's respective department per their policy and procedure protocol. PROPERTY AND EQUIPMENT No transfer of any property between the parties or to any third party is provided for by this Agreement. Each agency will furnish required firearms, ammunition, duty belt, holster accessories, ballistic vests, chemical mask and carrier, and portable radio equipment capable of transmitting and receiving messages on their local/and or State Police Radio Network. Each agency is responsible to provide the member with the appropriate uniform (as designated by the SWAT Team Leader) that identifies the officer as a member of law enforcement, as well as weather resistant garments as designated by the Team Leader. Each team member has the responsibility for appropriate security, care and use of SWAT team equipment and should seek approval from a Team Leader prior to the use of SWAT assigned equipment. RECORDS AND REPORTS All SWAT team activation reports and incident reports will be maintained by the Yakima Police Department under the control of the Team Leader. USE OF WEAPONS / FIREARMS Team members will follow the Standard Operating Procedures and guidelines for the SWAT team in the use of firearms. No automatic weapons will be deployed without consent of the Team Leader or designee except in exigent circumstances. All weapons and equipment used by members shall be approved by the CRU Commander, including any modifications, additions, or attachments. LIABILITY AND INDEMNIFICATION LIABILITY: Each City shall be responsible for the wrongful or negligent actions of its employees while assigned to the SWAT Team 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. 2 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: Waive any defense arising out of RCW Title 51. Limit the ability of a participant to exercise any right _defense, or remedy which a party may have with respect to third parties or the officer(s) whose action or inaction give rise to loss, claim or liability including but not limited to an assertion that the officer(s) was acting beyond the scope of his or her employment. Cover or require indemnification or payment of any judgment against any individual or city for intentionally wrongful conduct outside the scope of employment of any individual or for any judgment for punitive damages against any individual or city. Payment of punitive damage awards, fines or sanctions shall be the sole responsibility of the individual against whom said judgment is rendered and/or his or her municipal 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. IN W TNESS W it ' 1 the parties have executed this MOU, City 1 Yakim . City of Grandview By.' ny' Rourke B n Chi re , Mayor City �4an: • - ; ,, > ... erk 1 s 1 ` ,,,,, �' lerk i - - 4 '4 v 1 v as to form: i, c2 . N , ' - . pproved as to for • 4 0 i „.. = Q ssi , nt City Attorney ‘` City Attorney James Mitchell . CITY CONTRAC' NO: ?°/ ..... RESOLUTION N0: 3 , it:Arlik ,.,--,\\., „. Ii ~ � � ...,,,..„:.,...„ . ., ,„...,...,....,. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 5.F. For Meeting of: September 02, 2014 ITEM TITLE: Resolution authorizing an Interlocal Agreement/Memorandum of Understanding (MOU) with the City of Grandview forming and maintaining a Special Weapons and Tactics (SWAT) Team available for response to high risk incidents 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 Grandview wish to participate in such a cooperative effort by assisting each other with specialized support in handling critical field operations above that faced by regular police patrol officers, including school shootings, hostage negotiations, barricaded suspects, snipers, high risk search warrants and other high risk situations. Resolution: X Ordinance: Other (Specify): Contract: X Contract Term: Indefinite Start Date: End Date: NA Item Budgeted: NA Amount: Funding Source /Fiscal Impact: Strategic Priority: Public Safety 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 Grandview. ATTACHMENTS: Description Upload Date Type Resolution - Interlocal Agreement -MOU for Law 0 Enforcement Mutual Aid Between Cities of Yakima 8/22/2014 Resolution & Grandview Interlocal Agreement for Law Enforcement Mutual 8/22/2014 Contract Aid Between the Cities of Yakima & Grandview