HomeMy WebLinkAbout01/19/2016 05E Critical Response Unit Interlocal Agreement with YPD and Yakima County Sheriff's OfficeBUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDASTATEMENT
Item No. 5.E.
For Meeting of: January 19, 2016
ITEM TITLE: Resolution authorizing an Interlocal Agreement with the Yakima
County Sheriff's Office 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 the Yakima County
Sheriff's Office 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 Yakima
County Sheriff's Office have worked together in a Critical Response Unit, and desire to continue
that relationship.
ITEM BUDGETED:
STRATEGIC PRIORITY:
NA
Public Safety
APPROVED FOR SUBMITTAL: Interim City Manager
STAFF RECOMMENDATION:
Adopt the Resolution and approve the "Interlocal Agreement for Law Enforcement Mutual Aid
Between the Yakima Police Department and the Yakima County Sheriff's Office."
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description
Resollutlion authorizling agreement between YPID and
Yandma County Sheriff's Office
nntertocall Agreerrnent fb Law Enforcement Mutuall Ad
Between YPD and tile Yandma County Sheriff's Office
Upload Date Type
1/12/2016 Resollution
1/12/2016 IBackup Materna°
RESOLUTION NO. R -2016-
A RESOLUTION approving an interlocal agreement between the Yakima Police
Department and the Yakima County Sheriff's Office 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 Police Department
and the Yakima County Sheriff's Office 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 City of Yakima Police Department and the Yakima County Sheriff's
Office 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 Yakima County Sheriff's Office 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 Yakima County Sheriff's Office 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 Yakima County
Sheriff's Office."
ADOPTED BY THE CITY COUNCIL this day of February, 2016.
ATTEST: Avina Gutierrez, Mayor
Sonya Claar Tee, City Clerk
INTERLOCAL AGREEMENT FOR LAW ENFORCEMENT
MUTUAL AID BETWEEN
THE YAKIMA POLICE DEPARTMENT and
THE YAKIMA COUNTY SHERIFF'S OFFICE
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 Yakima County Sheriff's Office 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.
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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 Yakima County Sheriff personnel assigned to the CRU team will be the responsibility
of the Yakima County Sheriff 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.
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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:
To the Yakima County Sheriff's Office:
Chief of Police
Yakima Police Department
200 South Third Street
Yakima, WA 98901
Yakima County Sheriff
Yakima County Sheriffs Office
1822 South First Street
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.
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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 YAKIMA COUNTY SHERIFF'S DEPARTMENT
Chief Dominic Rizzi Sheriff Brian Winter
Date: Date:
Approved as to form for Yakima County:
Stefanie J. Weigand
Senior Deputy Prosecuting Attorney
ATTEST: ATTEST:
Sonya Claar Tee, City Clerk Tiera Girard, Clerk of the Board of County
Commissioners
City Contract No.
Resolution No.
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