The URL can be used to link to this page

Home My WebLink About01/05/2016 06J Critical Response Unit Interlocal Agreement with YPD and Union Gap Police Department '10 r BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6.J. For Meeting of: January 5, 2016 ITEM TITLE: Resolution authorizing an Interlocal Agreement with the City of Union Gap to provide for joint cooperation in a Critical Response Unit that incorporates both a Special Weapons and Tactics ( "SWAT ") team and Crisis Negotiations Team ( "CNT ") comprised of officers from both agencies SUBMITTED BY: Dominic Rizzi, Police Chief SUMMARY EXPLANATION: Pursuant to RCW 10.93, the Mutual Aid Peace Officers Powers Act, and RCW 39.34, the 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 Union Gap 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, and other major incidents. The proposed cooperative agreement is for the purpose of 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. The Yakima Police Department and the Union Gap Police Department have worked together in a Critical Response Unit, and desire to continue that relationship. Resolution: X Ordinance: Other (Specify): Contract: X Contract Term: Indefinite Start Date: Date signed by both parties End Date: Indefinite Item Budgeted: NA Amount: Funding Source/Fiscal Impact: Strategic Priority: Public Safety Insurance Required? No Mail to: Clerk Terri L. Bertelsen, City of Union Gap, P.O. Box 3008, Union Gap, WA 98903 Phone: (509) 248 -0432 APPROVED FOR //n' City Manager SUBMITTAL: RECOMMENDATION: Staff respectfully requests Council to adopt the resolution. ATTACHMENTS: Description Upload Date Type Resollution authorizilng an IlInterbeal Agreement between Pollice ILDepartments :l Cities of Yakima and of L.JrIlicr 12/2212015 Resollution Gap IlInterilocall Agreement b•twe.en Mice Departments of 12/22/2015 Yalkinna and of Dim (3ap Cantrad RESOLUTION NO. R -2016- A RESOLUTION approving an interlocal agreement between the Yakima Police Department and the Union Gap Police Department to jointly cooperate in the event of major law enforcement operations and maintain the Critical Response Unit. WHEREAS, law enforcement agencies including the City of Yakima and the City of Union Gap Police Departments have the responsibility of 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, Interlocal Cooperation Act; and WHEREAS, the Cities of Yakima and Union Gap desire to coordinate on 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, 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, the City Council finds that it is in the City of Yakima's best interest to partner with the City of Union Gap in order to form and maintain a Critical Response Unit and 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 Interlocal Agreement for Law Enforcement Mutual Aid between the Yakima Police Department and the Union Gap Police Department for joint cooperation in the event of major law enforcement operations is approved, and the Chief of Police of the Yakima Police Department is authorized and directed to sign the attached "Interlocal Agreement for Law Enforcement Mutual Aid Between the Yakima Police Department and the Union Gap Police Department." ADOPTED BY THE CITY COUNCIL this day of January, 2016. ATTEST: Mayor Sonya Claar Tee, City Clerk CITY OF UNION GAP, WASHINGTON RESOLUTION NO. 15 A RESOLUTION authorizing the City Manager to sign an Interlocal Agreement for Law Enforcement Mutual Aid between the Union Gap Police Department and the Yakima Police Department regarding a Critical Response Unit WHEREAS, law enforcement agencies have the responsibility of protecting lives and property and keeping the peace; WHEREAS, it is necessary and desirable that a cooperative agreement be executed between the City of Union Gap Police Department and Yakima Police Department 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 a high risk nature; WHEREAS, multi agency participation in this agreement is possible by Chapter10.93 RCW (Mutual Aid Peace Officer Powers Act) and Chapter 39.34 the (Interlocal Cooperation Act.); NOW, THEREFORE, THE CITY COUNCIL OF TEE CITY OF UNION GAP, WASHINGTON, HEREBY RESOLVES as follows: The City Manager is authorized to sign an Interlocal Agreement for Law Enforcement Mutual Aid between the Union Gap Police Department and the Yakima Police Department regarding a Critical Response Unit. , . PASSED this 14th day of December, 2015. ----<, , ' ' - , Z ‘ ) r _ R ger Wentz, Mayor / ATTEST: APPROVED AS TO FORM: 1 i , K6, rdn Clifton, City Clerk ",< ' .Bronson Brown, City Attorney l. 4' j INTERLOCAL AGREEMENT FOR LAW ENFORCEMENT MUTUAL AID BETWEEN THE YAKIMA POLICE DEPARTMENT and THE UNION GAP POLICE DEPARTMENT 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 Officers Powers Act) and Chapter 39.34 RCW (Interlocal Cooperation Act). NOW THEREFORE, it is mutually agreed as follows; 1. PARTICIPATING AGENCIES The agencies that have agreed to participate in this Memorandum of Understanding ('MOU") are the Union Gap Police Department and the Yakima Police Department (referred to herein as this "Agreement"). 2. DURATION AND TERMINATION This Agreement 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 without cause, 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. 3. PURPOSE The primary purpose of the CRU 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. 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 insurance in accordance with each agency's policies, 1 Day to day operations of the CRU team will be supervised by a member(s) of the Yakima Police Department designated as the CRU Team Commander, and Team Leaders as necessary. Selection of Union Gap personnel assigned to the CRU team will be the responsibility of the Union Gap Chief of Police in consultation with the Team Commander. Personnel assigned to CRU must meet minimum qualifications and maintain team standards as outlined in the CRU policies. The selections process will include but not be limited to an oral board, physical agility test, and a SWAT basic handgun and rifle qualification course. Once assigned to the CRU 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 CRU team. 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 its policy and procedure protocol. Any conflict in department/CRU policies must be immediately presented to the CRU commander and the officer's supervisor. 5. PROPERTY AND EQUIPMENT No transfer of any property between the parties or to any third party is provided for by this Agreement. No fixed assets or personal or real property will be jointly or cooperatively acquired, held, used, or disposed of pursuant to 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 its local and 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 as designated by the Team Leader. Each team member has the responsibility for appropriate security, car and use of CRU team equipment and should seek approval from a Team leader prior to the use of CRU assigned equipment. 6. RECORDS AND REPORTS CRU activation reports and incident reports will be maintained by the Yakima Police Department under the control of the Team Commander. 7. 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 Commander or designee except in exigent circumstances, 2 All weapons and equipment used by the 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. 8. 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 of Yakima: Chief of Police Yakima Police Department 200 South Third Street Yakima, WA 98901 To the City of Union Gap: Chief of Police Union Gap Police Department 1800 Rainier Place Union Gap, WA 98903 or to such other addresses 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, 9. 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, 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 of 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. 10. MISCELLANEOUS 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 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. 3 11. FILING Pursuant to RCW 39.34.040 regarding methods of filing agreements pursuant to the Interlocal Cooperation Act, a copy of this Agreement shall be filed with the Yakima County Auditor, or, alternatively, listed by subject on the public agency's website or other electronically retrievable public source. IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding. YAKIMA POLICE DEPARTMENT UNION GAP P • LICE DEPARTMENT el Ati Ili Dominic Rizzi, Chief of Police Rod *tter es-, City Manager Date: .m..... Greg Cobb, Chief of Police Date: eiryf / Attest: Attest: Sonya Clear Tee, City Clerk Karen Clifton, City Clerk City Contract No. City Resolution No. , 4 „... ,