Loading...
HomeMy WebLinkAboutR-2015-059 Critical Response Unit Agreement with Washington State Department of CorrectionsRESOLUTION NO. R-2015-059 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 5th day of May 2015. Micah Cawley/Mayor 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 DOC kl Y 2Z 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. 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 I YAKIMA _ STATE OF WASHINGTON DEPARTMENT OF CORRECTIONS BYAna, — B Tony O' Ro e, City Manager Date 111(L( (e) O I5 Approved: Ac -kr„ 4Q,k CiNe\-e. Dominic Rizzi, Jr., Chief of Police s11�l�oi�- Date ATTEST: By nya Claar T e, City Clerk - ac Pevey, Senior Administrator - Operations Date By GarytBanning, Program Administrator - Contracts Date City Resolution No. R- D / S - DS7 City Contract No. 0-0 / 5 — if Interlocal Agreement between the City of Yakima Police Department and Washington State Department of Corrections Page 4 of 4 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No 5 D For Meeting of May 5 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 mto 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 Cassis 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 AInount Funding Source/Fiscal Impact Strategic Priority Partnership Development Insurance Required9 No Marl to Phone APPROVED FOR SUBMIT TAL RECOMMENDATION City Manager The Council Public Safety Committee recommends approval ATTACHMENTS: Description Resolution - City & Dept of Corrections -Mutual Aid Agreement ❑ agreement CI Upload Date 4/7/2015 4/13/2015 Type Resolution Contract