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HomeMy WebLinkAbout04/05/2016 05I Intergovernmental Cooperative/Mutual Aid Security Agreement with the City of ClevelandBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT Item No. 5.1. For Meeting of: April 5, 2016 ITEM TITLE: Resolution authorizing an Intergovernmental Cooperative /Mutual Aid Agreement between the Yakima Police Department and the City of Cleveland, Ohio, for operational assistance in providing security for the 2016 Republican National Convention in Cleveland, Ohio SUBMITTED BY: Dominic Rizzi, Police Chief Captain Gary Jones, Yakima Police Department SUMMARY EXPLANATION: The City of Cleveland, Ohio ( "Cleveland "), has been selected to host the 2016 Republican National Convention (RNC) during the week of July 18, 2016. The RNC has been designated a National Special Security Event (NSSE) due to the event's significance to the United States and the challenge of ensuring the safety and security of the event participants. The City of Cleveland through its Division of Police (CDP) in the Department of Public Safety is responsible for coordinating local law enforcement efforts for the RNC. Cleveland has represented that law enforcement officers from all levels of government throughout the State of Ohio and in other states will be needed to provide law enforcement services for the event. The City of Cleveland Division of Police (CDP) has requested the operational assistance of the Yakima Police Department. If Council approves the agreement with Cleveland, some members of the Special Weapons and Tactics ( "SWAT ") team will work in Cleveland at the National Special Security Event. Law enforcement agencies providing personnel for the RNC are considered to be subrecipients of a federal grant applied for by Cleveland and eligible for reimbursement for personnel and other costs. Cleveland will provide lodging, food, and approved personnel and transportation expenses for the Yakima Police Department officers who provide assistance during the RNC event period. The City of Yakima will request and receive reimbursement of salary costs for all hours assigned and worked by the personnel as RNC security (both straight time and overtime). The law enforcement services provided pursuant to this intergovernmental agreement would provide experience and training to Yakima Police Department members of the SWAT team at a National Special Security Event (NSSE), and participation at the NSSE also will provide beneficial experience to the Police Department in organizing and staffing the response to providing safety and security at future large scale events in Yakima. ITEM BUDGETED: NA STRATEGIC PRIORITY: Public Safety APPROVED FOR SUBMITTAL: Interim City Manager STAFF RECOMMENDATION: BOARD/COMMITTEE RECOMMENDATION: On March 24, 2016, the Public Safety Committee recommended the intergovernmental agreement be presented to the City Council for consideration. ATTACHMENTS: Description Upload Date Type D Resolution approving intergowmmental agreement 3128/2016 Resolution D Intergovernmental agreement Wth Cleveland 312812016 Contract RESOLUTION NO. R -2016- A RESOLUTION approving an Intergovernmental Cooperative /Mutual Aid Agreement between the Yakima Police Department and the City of Cleveland, Ohio, for operational assistance in providing security for the 2016 Republican National Convention in Cleveland, Ohio. WHEREAS, the City of Cleveland, Ohio, has been selected to host the 2016 Republican National Convention (RNC) during the week of July 18, 2016; and WHEREAS, the RNC has been designated a National Special Security Event (NSSE) due to the event's significance to the United States and the inherent challenge of ensuring the safety and security of all event participants; and WHEREAS, the City of Cleveland through its Division of Police (CDP) in the Department of Public Safety is responsible for coordinating local law enforcement efforts for the RNC; and WHEREAS, the City of Cleveland has applied to the United States Department of Justice for a federal grant to help defray the expense of providing a secure venue for the RNC delegates and for ensuring the opportunity for the lawful exercise of constitutional rights by all persons; and WHEREAS, the City of Cleveland has represented that law enforcement officers from all levels of government throughout the State of Ohio and in other states will be needed to provide law enforcement services for the event; and WHEREAS, the City of Cleveland Division of Police (CDP) has requested the operational assistance of the Yakima Police Department for RNC security planning, training, execution, and pre- and post -event law enforcement operations; and WHEREAS, multi - agency operations are permitted under State of Washington law by Revised Code of Washington ( "CW') Chapter 39.34, the Washington Interlocal Cooperation Act, including agreements with political subdivisions of another state; and WHEREAS, the services provided pursuant to this intergovernmental agreement will provide additional experience and training to Yakima Police Department members of the Special Weapons and Tactics ( "SWAT ") team at a National Special Security Event (NSSE); and participation at the NSSE also will provide beneficial experience to the Police Department in organizing and staffing the response to providing safety and security at future large scale events in Yakima; and WHEREAS, law enforcement agencies providing personnel for the RNC are considered to be subrecipients of the federal grant and eligible for reimbursement for personnel and other costs subject to the terms of both this Agreement and the grant; and WHEREAS, pursuant to Section VII of the intergovernmental cooperative agreement, the City of Cleveland will provide lodging, food, and approved personnel and transportation expenses for the Yakima Police Department officers who provide services during the RNC event period; and WHEREAS, pursuant to Section XI of the agreement on "Reimbursement of Personnel Costs," the City of Yakima will request reimbursement of salary costs for all hours assigned and worked by the personnel as RNC security (both straight time and overtime); now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The Intergovernmental Cooperative /Mutual Aid Agreement for operational assistance in providing security for the 2016 Republican National Convention in Cleveland, Ohio, is approved, and the Interim City Manager and the Chief of Police of the Yakima Police Department are authorized to sign the attached "Intergovernmental Cooperative /Mutual Aid Agreement for Operational Assistance in Providing Security for the 2016 Republican National Convention in Cleveland, Ohio." ADOPTED BY THE CITY COUNCIL this day of April, 2016. ATTEST: Sonya Claar Tee, City Clerk Avina Gutierrez, Mayor INTERGOVERNMENTAL COOPERATIVE /MUTUAL AID AGREEMENT FOR OPERATIONAL ASSISTANCE IN PROVIDING SECURITY FOR THE 2016 REPUBLICAN NATIONAL CONVENTION IN CLEVELAND, OHIO THIS INTERGOVERNMENTAL COOPERATIVE /MUTUAL AID AGREEMENT (the "Agreement ") is made and entered into on the date that all parties have executed the Agreement in 2016 ( "Effective Date "), by and between the CITY OF CLEVELAND ( "City "), a municipal corporation of the State of Ohio, through its Director of the Department of Public Safety, and the City of Yakima, a municipal corporation of the State of Washington ( "Agency "), through its authorized representative. RECITALS WHEREAS, the City of Cleveland, Ohio, has been selected to host the 2016 Republican National Convention (RNC) during the week of July 18, 2016; and WHEREAS, the RNC has been designated a National Special Security Event (NSSE) due to the event's significance to the United States and the inherent challenge of ensuring the safety and security of all event participants; and WHEREAS, pursuant to this NSSE classification, the United States Secret Service is the authorized lead for the design and implementation of the official operational security plan pertaining to the RNC; and WHEREAS, the City of Cleveland through its Division of Police (CDP) in the Department of Public Safety is responsible for coordinating local law enforcement efforts for the RNC; and WHEREAS, the RNC is expected to attract in excess of 50,000 visitors that will include persons who will engage in their constitutional rights of free speech; and Page 1 of 13 A. The various provisions and covenants of this Agreement run between the City of Cleveland B. Agency represents that it possesses the legal authmrky, pursuant to proper, appropriate statute, ordinance, official motion, neom|udmn or action passed or taken or required to enter into this Agreement. 1. The City of Cleveland is authorized to enter into this Agreement pursuant to Ordinance No. 880-14 passed by Cleveland City Council on July 16, 2014. 2. Agency certifies it is authorized to enter into this Agreement. The person or persons signing and executing this Agreement on behalf of Agency hereby represents that he/she has been fully authorized by such party to execute this Agreement on behalf of Agency and to validly and legally bind Agency to all the terms, conditions, performances and provisions herein. Page 2 of 13 Ill. APPLICABILITY Page 3 of 13 in rules and regulations or preferred response to anticipated situations should be raised during the F. Multi-agency operations are permitted under State of Washington law by Revised Code of Washington ("RCW") Chapter 39.34, the Washington Interlocal Cooperation Act, including agreements with political subdivisions mf another state. to the RNC Operational Plan with specific assignments to be communicated to the Agency by the "Commanding Officer" (as defined below) or his designee. The Agency will be provided with briefings Iffil 1 97109 C. For purposes of the RNC event, the C0P's "Commanding Officer" will be City of Cleveland Division of Police Chief Calvin Williams. the parties. Responsibility for the conduct of Agency personnel, both personally and professionally, shall remain with the Agency. Page 4 of 13 A. Upon reasonable advance notice from CDP, Agency's officers being deployed atthe RNC eveni shall participate in RNC event training activities that are coordinated or conducted by Agency and the CDP or its designee. For purposes of this Agreement, training activities will include RNC Preparatory Materials and in-person training on Sunday, July 17, 2016 beginning at 8 AM, for all Agency officers providing services during the RNC event period; and D. Upon reasonable advance written notification from the O]Ptothe Agency, each Agency officer deployed at the RNC event shall provide services assigned by the CDP during the RNC event period; and C. At the request of the CDP, each Agency off icer shall participate in and/or provide information to and otherwise cooperate with the CDP in any "after action activities" following the conclusion of the RNC event period. This may include clebriefings of information and experiences, completion of surveys and questionnaires and assisting and/or participating in any civil and/or criminal legal proceedings. D. The Agency agrees to cooperate with and provide the City of Cleveland with any other compliance with the terms and conditions contained in this Agreement and grant requirements. E. The Agency designates the following contacts for operational and administrative purposes under this Agreement: [List Names and Titles] [msFmngmmws] Captain Gary Jones Administrative Lieutenant Shawn Boyle Operational Detective Erik Hampton Operational F. The names of all officers to be provided by the Agency for the RNC event purposes shall be sent to the CDP in written form upon execution of this Agreement and prior to providing any R0Cevent services hereunder. G. Each of the officers provided by the Agency shall meet one of the following criteria (as applicable Lo the particular Agency): 1. Agency located in the State of Ohio shall ensure all officers provided are OPOTA certified in accordance with all applicable Ohio statutes, rules and regulations. 2. Non-Ohio Agency shall ensure that its officers providing assistance under this Agreement are duly licensed or certified by the authority of the state in which the officer's appointing authority is located. Statutory certification requirements for Agency's officers shall be providedtothe CDPwiththe list of all Agency officers providing RNC services. 1. In addition to the certification/licensure for officers set forth above, Agency agrees that each of the officers provided shall also meet all of the following criteria: Page 5 of 13 Page 6 of 13 In addition to its lead local law enforcement planning responsibilities for the RNC event, the City of Cleveland agrees to the following: A. City will provide RNC event training for participating Agency officers, including the provision of RNC event Preparatory Materials for review and in-person training by Agency. Agreement. The CDP shall provide lodging and food location assignments to Agency officers in writing prior bo the RNC event period. rem. MR_TqMMM ITERIMMA "I Page 7 of 13 2. As Primary grant recipient the City of Cleveland is obligated to ensure the compliance of all subnecipients with all applicable Special Conditions. 3. Once the grant is obtained by City, City will provide the grant Special Conditions to Agency or direct Agency to the website for Agency to obtain it on-line. By execution of this Agreement, all participating agencies certify that grant funds received pursuant to this Agreement will not be used to supplant local and/or state funds. X. FINAL PAYMENT TERMS A. Agency shall only be paid for the necessary costs of participating in RNC event-related activities during the RNC event period, and any approved "after action activities" related thereto. B. Subject to the terms of the Agreement and the prior written approval of the City of Cleveland, the City of Cleveland agrees to provide payment to the Agency for each officer whose services ant actually used by the CDP during the RNC event period. C. Unless otherwise agreed to in writing by the City of Cleveland, the City of Cleveland shall only provide reimbursement to the Agency for Personnel Costs if the Agency officer completed the CDP's required training and 1) participated in the RNC event or 2) was ready, willing, available and physically present in the City of Cleveland or Cuyahoga County to participate in the RNC event as required by the CDP hereunder clespitethe officer not having actually participated in the RNCevent. provide in any manner the work or services as agreed to herein, the City of Cleveland reserves the right to withhold any available payment until the City is satisfied that corrective action has been taken or completed. This option is in addition to and not in lieu of the City's right of termination as provided in this Agreement. agencies must request reimbursement of personnel costs based upon one of the following Models: 1. Assisting agencies that do not have traditional jurisdiction in the City of Cleveland may request reimbursement of salary costs for all hours assigned and worked by their personnel as RNS 2. Agencies having traditional jurisdiction inside the City of Cleveland may request reimbursement of salary costs for all overtime hours assigned and worked by their personnel as RNC securhy. "Salary costs" include straight time or overtime at the hourly rate of the officer assigned plus Medicarc and FICA rates applicable in 2016, and the Agency's actual pension contributions. No other fringe ISM =I- 0WIMINGTE-272"11 9711`9=41 Page 8 of 13 "Personnel" means sxvmnn certified law enforcement officers and supervisors of any rank who are assigned and present in support of the RNC mission. "Hours assigned and worked" means the actual scheduled hours assigned to each officer in support of the RNC mission and actually worked by the officer during the event. B. Agencies having traditional jurisdiction in the City of Cleveland will absorb all costs for their own assigned personnel for the first forty (40) hours of the respective officer's work week during the RNC. Overtime personnel costs for hours worked beyond forty (40) hours during the RNC will be reimbursed to those agencies pursuant to the terms (specifically Model 2 above) contained herein. D. Agency must provide payroll verification documentation, certify the accuracy of the reimbursement request, and maintain all supporting documentation for a minimum of seven (7) years. Agency specifically agrees to cooperate with any required audit relating to the federal RNC grant and deemed ineligible by any future City of Cleveland or federal audit. E. Officers from Agency will be housed and fed under arrangements made by, and directly paid for by, the City of Cleveland. Accordingly, no housing costs or per them will be paid to Agency. Exceptions to this policy may be made for officers who are required to arrive in the Cleveland area prior to the effective date of housing and feeding arrangements. F. Depending on the availability of funding, if agency's personnel participate in extensive (more than 40 hours) training, Agency may apply for reimbursement of salary costs incurred on an overtime basis for RNC specific training. Page 9 of 13 B. All assisting agencies agree to cooperate processing r liability claims to without r n, forwarding to the City of __ r or otherwise r *effective r - of claims or notice of events foreseeably resulting in a claim, providing documents or other potential evidence and ensuring the availability of • r for deposition • C. Nothing in this Agreement shall be interpreted as waiving or modifying the provisions of Ohio Revised Code Chapter 2744. A. Each party agrees that it will be responsible for its own acts and/or omissions and those of officials, • • yees, representatives and agents in carrying out of Agreement and the results thereof to the extent authorized by r shall not be responsible r • r: omissions of r other party and the results thereof. B. Neither party can nor will indemnify or hold the other harmless nor shall anything in this Agreement be construed to constitute such. C. The parties understand and agree that each party is relying upon, and has not waived, any rights, defenses, immunities and protections provided by Ohio law or any common -law immunity or limitation of liability, all of which are hereby reserved by the parties hereto. D. Notwithstanding the foregoing, • • _• in this Section r be construed to waive aMTi rights and benefits either M • to its status under coverage described in Section XII of this Agreement. XIV. WORKERS' COMPENSATION Agency hereby certifies that it maintains insurance, self- insurance or coverage equivalent to the Ohio Workers' Compensation. In the event its employee pursues a claim in his or her home jurisdiction, the Agency shall be responsible for all liability and loss related to the claim. XV. TERM This Agreement shall be effective upon complete execution of this Agreement by Agency and the City of Cleveland. All operational assistance commitments will cease with the release of Agency's respective personnel from RNC security duty. Covenants and responsibilities articulated herein which are necessarily ongoing in nature including, without limitation, financial obligations and records retention requirements, shall survive and remain effective following termination of the operational assistance commitment. XVI. MODIFICATIONS The terms of this Agreement may be modified at any time by written consent of the parties. Modifications to Agreement shall have no force and effect unless such modifications are reduced to writing and signed by an authorized representative of each party. Page 10 of 13 XVII. MUTUAL BENEFITS TO PARTIES — CONSIDERATION Other than the items set forth in Section VII, further consideration for this Agreement shall be non - monetary and shall consist of enhanced public safety and improved law enforcement activity in the Cleveland, Ohio area in preparation for, and during the RNC event, and other mutual benefits through the cooperative efforts of the parties to this Agreement. XVIII. TERMINATION A. The City of Cleveland may terminate this Agreement without penalty based on the occurrence of any of the following events: 1. Cancellation of the RNC event; or 2. If the City of Cleveland is unable to purchase and provide the insurance coverage described in Section XII of this Agreement in a timely manner; or 3. Failure of the Agency to comply with or perform any material term, condition or obligation contained in this Agreement and failure to cure such default within seven (7) calendar days after the City of Cleveland provides Agency with written notice of such failure. 4. If the City of Cleveland is unable to obtain the United States Bureau of Justice Assistance grant referenced in Article VIII of this Agreement. B. Agency may terminate this Agreement without penalty based on the occurrence of any of the following events: 1. Cancellation of the RNC event; or 2. If the City of Cleveland is unable to or fails to purchase and provide the insurance coverage described in Section XII of this Agreement in a timely manner; or 3. The Agency determines it does not have the resources available to participate in the RNC event; or 4. Failure of the City of Cleveland to comply with or perform any material term, condition or obligation contained in this Agreement and failure to cure such default within seven (7) calendar days after the Agency provides the City of Cleveland with written notice of such failure. 5. If the City of Cleveland is unable to obtain the United States Bureau of Justice Assistance grant referenced in Article VIII of this Agreement. XIX. NOTIFICATION Notices concerning the termination of this Agreement, alleged or actual violations of the terms or conditions of this Agreement, and any and all other notices that may or should be given to either party under this Agreement will be made to each party as follows: City of Cleveland: Chief of Police, Cleveland Division of Police, 1300 Ontario Avenue, 91h Floor, Cleveland, Ohio 44113; with a copy to Law Director, Department of Law, City of Cleveland, 601 Lakeside Avenue, Room 601, Cleveland, Ohio 44114. Agency: Chief of Police, City of Yakima Police Department, 200 South Third Street, Yakima, Washington 98901; with a copy to City Manager, City of Yakima, 129 North Second Street, Yakima, Washington 98901. Page 11 of 13 XX. RECORDS AND DISSEMINATION OF INFORMATION A. Agency agrees to provide prior notice to the City of Cleveland of any request for and /or release, transmission, or disclosure of information associated with or generated as a result of the work performed under this Agreement. B. In the event of the need for personnel or other records in criminal and /or civil proceedings, the Agency agrees to provide such records as requested. XXI. INDEPENDENT CONTRACTOR A. It is not intended, nor shall it be construed, that any party or any officer, employee, or agent of the Agency is an officer, employee, loaned employee, or agent of the City for purposes of unemployment compensation, workers' compensation, governmental immunity, civil rights, or for any purpose whatsoever. Nothing contained in this Agreement shall be construed so as to find the Agency or its employees to be employees of the City of Cleveland, and the Agency's employees shall be entitled to none of the rights, privileges, or benefits of City of Cleveland employees. B. Except to the extent covered by the insurance policy acquired by the City as referenced in Section XII and the "not to exceed" compensation amount described in Section VII, Agency acknowledges that it remains fully responsible for any and all obligations as the employer of its personnel assigned to the RNC Event period including, but not limited to, responsibility for the payment of the earnings, overtime earnings, withholdings, insurance coverage, workers' compensation, death benefits, medical and legal indemnity where appropriate, and all other requirements by law, regulations, ordinance or contract. C. To the extent an Agency employee individually pursues a third party action and the third party or any other party joins the City as a party to that action: 1. The City shall be immune from subrogation claims pursuant to the exclusive remedy provisions of Ohio's Worker's Compensation Act and /or Agency's state Worker's Compensation Act; 2. The Agency agrees to be responsible to the extent legally liable, for loss from any and all claim or claims made by that Agency's employee, for any alleged active or passive negligence or condition, caused or created in whole or in part by the City of Cleveland. D. The City shall refer disciplinary matters involving Agency employees to the employing Agency for an investigation that may be jointly conducted by the CDP and the Agency unless, based on the judgment of the City, that a particular matter represents probable cause for the issuance of a criminal complaint, in which case the matter shall be referred directly to an external law enforcement Agency for investigation with appropriate notice to the Agency. XXII. GOVERNING LAW; COMPLIANCE WITH LAWS A. Each and every term, condition, or covenant herein is subject to and shall be construed in accordance with Ohio law and applicable federal law. Any action arising from this Agreement shall be brought and maintained in a state or federal court in Cuyahoga County, Ohio, which shall have exclusive jurisdiction of such action. No legal or equitable rights of the parties shall be limited by this Section. B. Both the City of Cleveland and the Agency agree to comply with applicable federal, Ohio, and City of Cleveland laws or ordinances. Page 12 of 13 XXIII. MISCELLANEOUS A. The captions and headings set forth in this Agreement are for convenience of reference only, and shall not be construed as defining or limiting the terms and provisions in this Agreement. B. If any part, term, or provision of this Agreement is held by the courts to be illegal or in conflict with any law of the State of Ohio or the Charter of the City of Cleveland, the validity of the remaining portions or provisions shall not be affected, and the rights and obligation of the Agency shall be construed and enforced as if the Agreement did not contain the particular part, term or provision. C. This Agreement may be executed in two counterparts, each of which shall be deemed to be an original of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date specified. CITY OF CLEVELAND Michael McGrath, Director Department of Public Safety Date: Calvin Williams, Chief Division of Police Date: Approved as to form and correctness: CITY OF CLEVELAND BARBARA LANGHENRY, DIRECTOR OF LAW By: Date: ASSISTING AGENCY: CITY OF YAKIMA Jeffrey R. Cutter, Interim City Manager Date: ATTEST: By: Sonya Claar Tee, City Clerk Dominic Rizzi, Chief Yakima Police Department Date: City of Yakima Contract No. 2016 - City of Yakima Resolution No. R -2016- Page 13 of 13