HomeMy WebLinkAbout04/21/2015 10 Interlocal Law Enforcement Mutual Aid Agreement with the Washington State Department of CorrectionsBUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 10.
For Meeting of: April 21, 2015
ITEM TITLE: Resolution authorizing an Interlocal Agreement with the WA State
Department of Corrections for the formation and maintenance of a
Critical Response Unit (CRU) that incorporates both a Special
Weapons and Tactics (SWAT) team and Crisis Negotiations Team
(CNT)
SUBMITTED BY: Brooke Goosman, Assistant City Attorney
SUMMARY EXPLANATION:
The City of Yakima Police Department and the Washington State Department of Corrections desire to
enter into a cooperative agreement for the purpose of forming and maintaining a Critical Response Unit
(CRU) that incorporates both a Special Weapons and Tactics (SWAT) team and Crisis Negotiations Team
(CNT) comprised of commissioned officers from both agencies which is capable of responding to
incidents of high risk nature.
Resolution: X Ordinance:
Other (Specify):
Contract: X Contract Term: Indefinite
Start Date: End Date:
Item Budgeted: NA Amount:
Funding Source/Fiscal Impact:
Strategic Priority: Partnership Development
Insurance Required? No
Mail to:
Phone:
APPROVED FOR
SUBMITTAL:
RECOMMENDATION:
City Manager
Adopt the Resolution.
ATTACHMENTS:
Description
Resolution - City & Dept of Corrections -Mutual Aid
Agreement
CI agreement
Upload Date
4/7/2015
4/13/2015
Type
fesollu.utiion
Contract
RESOLUTION NO. R -2015-
A RESOLUTION authorizing the City manager to execute an Interlocal Agreement/Mutual
Aid Agreement
WHEREAS, the City of Yakima (City) Police Department and the Washington State
Department of Corrections 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 City of Yakima Police Department and the Department of Corrections
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 Department of Corrections for the formation and maintenance of a specialized Critical
Response Unit (CRU) immediately available for 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 Department of Corrections for the formation
and maintenance of a Critical Response Unit (CRU) that incorporates both a Special Weapons
and Tactics (SWAT) team and Crisis Negotiations Team (CNT).
ADOPTED BY THE CITY COUNCIL this
day of , 2015.
ATTEST: Micah Cawley, Mayor
Sonya Claar Tee, City Clerk
INTERLOCAL AGREEMENT FOR LAW ENFORCEMENT
MUTUAL AID BETWEEN THE CITY OF YAKIMA POLICE DEPARTMENT
AND WASHINGTON STATE DEPARTMENT OF CORRECTIONS
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 Critical Response Unit (CRU) that incorporates both a
Special Weapons and Tactics (SWAT) team and Crisis Negotiations Team (CNT) 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 Officer Powers Act) and Chapter 39.34 (Interlocal Cooperation Act).
NOW, THEREORE, it is mutually agreed as follows:
PARTICIPATING AGENCIES
The agencies that have agreed to participate in this Memorandum of Understanding (MOU) are
Washington State Department of Corrections and the City of 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 for an occurrence prior
to the date sought for such termination shall not be excused.
PURPOSE
The primary purpose of the CRU is to provide specialized support in handling critical field
operations where special tactical deployment methods and negotiations 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.
DOC supplies and assigns officers to CNT. CNT's primary mission is the peaceful resolution to
critical field operations through negotiations. CNT is also responsible for intelligence gathering,
including but not limited to creating suspect profiles and gathering hostage and victim
information. DOC officers have access to valuable intelligence information which furthers
CNT's mission and provides experience and knowledge during tense law enforcement situations.
Interlocal Agreement between the City of Yakima
Police Department and Washington State Department of Corrections
Page 1 of 4
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 CRU team will be supervised by a member(s) of the City of Yakima
Police Department designated as Team Commander and Team Leaders as necessary.
Selection of DOC personnel assigned to the CNT team will be the responsibility of DOC in
consultation with the Team Commander. Personnel assigned to CRU must meet minimum
qualifications, including completion of Hostage Negotiation basic training, and maintain team
standards, as outlined in the CRU policies.
Once assigned to the CNT team, each member will be required to meet training attendance
standards as per the Standard Operating Procedures of the CRU.
Personnel and agency specific matters that arise from conduct other than when deployed or
assigned to the CRU are to be handled through the officer's respective department per their
policy and procedure protocol. Any conflict in department/CRU policies must be immediately
presented to the CRU Commander and the officer's Chief Officer.
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 CRU Commander that
identifies the officer as a member of law enforcement, as well as weather resistant garments that
are authorized).
Each team member has the responsibility for appropriate security, care and use of CRU
equipment and should seek approval from a Team Leader prior to the use of CNT assigned
equipment.
RECORDS AND REPORTS
CRU activation reports and incident reports will be maintained by the City of Yakima Police
Department under the control of the Team Commander.
Interlocal Agreement between the City of Yakima
Police Department and Washington State Department of Corrections
Page 2 of 4
USE OF WEAPONS/FIREARMS
All weapons and equipment used by members shall be approved by the CRU commander,
including any modifications, additions, or attachments. Repair, maintenance and replacement
are the responsibility of the owner agency of the weapon and/or related equipment.
LIABILITY AND INDEMNIFICATION
Each party hereto shall be responsible and assume liability for its own wrongful or negligent acts
or omissions, or those of its officers to the fullest extent required by law, and shall save, and
indemnify, defend and hold harmless all other parties from such liability. In the case of
negligence of more than one party to this Agreement, any damages shall be in proportion to the
percentage or negligence attributed to each party, and each party shall have the right to
contribution from the other party in proportion to the percentage of negligence attributed to the
other party. Nothing contained in this Section of this Agreement shall be construed to create a
liability or a right of indemnification in any third party. The provisions of this Section shall
survive the termination or expiration of this Agreement.
FILING
Pursuant to RCW 39.34.040, this agreement shall be filed with the county auditor or,
alternatively, listed by subject on a public agency's website or other electronically retrievable
public source.
NOTICE
Notices: Unless stated otherwise herein, all notices and demands shall be in writing and sent to
the parties at their respective addresses as follows:
To the City:
To the Department of Corrections:
Chief of Police
Yakima Police Department
200 South Third Street
Yakima, WA 98901
Contracts and Legal Affairs
P.O.Box 41114
Olympia, WA 98504-1114
or to such other address as the parties may hereafter designate in writing. Notices and/or
demands shall be sent by registered or certified mail, postage prepaid. Such notices shall be
deemed effective three (3) business days, excluding holidays, after mailing or immediately upon
being hand delivered to the address specified above.
Interlocal Agreement between the City of Yakima
Police Department and Washington State Department of Corrections
Page 3 of 4
OBLIGATION AFTER TERMINATION
Any provision of this Agreement that imposes an obligation that continues after termination or
expiration of this Agreement shall survive the term or expiration of the Agreement and shall be
be binding on the parties to this Agreement. This Agreement shall be governed by and construed
in accordance with the laws of the State of Washington. The venue for any action to enforce or
interpret this Agreement shall lie in Yakima County, Washington.
AUTHORITY TO SIGN
Each person signing this Agreement on behalf of their respective party represents that they have
the authority to sign the Agreement for their respective party to the Agreement.
CITY OF YAKIMA STATE OF WASHINGTON
DEPARTMENT OF CORRECTIONS
By By
Tony O'Rourke, City Manager Mac Pevey, Senior Administrator -
Operations
Date
Date
Approved: By
Gary Banning, Program Administrator -
Contracts
Dominic Rizzi, Jr., Chief of Police Date
Date
ATTEST:
By
Sonya Claar Tee, City Clerk
City Resolution No.
City Contract No.
Interlocal Agreement between the City of Yakima
Police Department and Washington State Department of Corrections
Page 4 of 4