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Res. 2106 - Swat IGA with Marion county COUNCIL BILL NO. 3045 RESOLUTION NO. 2106 A RESOLUTION ENTERING INTO AN INTERGOVERNMENTAL AGREEMENT WITH MARION COUNTY REGARDING A SPECIAL WEAPONS AND TACTICS (SWAT) TEAM AND AUTHORIZING THE CITY ADMINISTRATOR TO SIGN SAID AGREEMENT WHEREAS, the City of Woodburn ("the City") and Marion County ("the County") are both local governments authorized to enter into intergovernmental agreements pursuant to ORS 190.110 to provide services and facilities; and WHEREAS, the City and the County recognize that incidents of a serious criminal nature occur which require a specially trained and equipped law enforcement response and that these incidents create demand on both the County and the City respective to each party's resources; and WHEREAS, the County previously developed, trained and equipped a police Special Weapons and Tactics (SWAT) team to respond to law enforcement situations where special tactical operations and equipment are required; and WHEREAS, the City formerly operated a Tactical Services Unit but has discontinued it so that these services can be provided in a more efficient manner; and WHEREAS, the City and the County both believe that the public is better served by combining City and County resources, through the execution of an intergovernmental agreement ("the Agreement"), to support a single SWAT team; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City enter into the Agreement affixed to this Resolution as Attachment "A." Section 2. That the City Administrator is authorized to sign the Agreement on behalf of the City. Page 1 - Council Bili No. 3045 Resolution No. 2106 A Approved as to harm: Isi City Attorney Dat ApprovQd: *Iy�, Iia hryn Fm a, car Passed by the Council c 1 Submitted to the Mayor , . / 1, Approved by the Mayor l' ® , 01 Filed in the Office of the Recorder 15 1 i ATTEST: �Af��0 A-/J 01-� Heather Pierson, City Recorder City of Woodburn, Oregon 'age 2 - Council Bill No. 3045 Resolution No. 2106 Attachment A INTERGOVERNMENTAL AGREEMENT Special Weapons and Tactics (SWAT) This INTERGOVERNMENTAL AGREEMENT FOR SPECIAL WEAPONS AND TACTICS TEAM (SWAT)("this Agreement") is made entered into by and between MARION COUNTY, a political subdivision of the State of Oregon(the"County"),the CITY OF WOODBURN,an Oregon municipal corporation, (the"City"), RECITALS A. The County and the City are local governments authorized to enter into intergovernmental agreements pursuant to ORS 1.90.110 to provide services and facilities. B. The County and the City recognize that incidents of a serious criminal nature occur which require a specially trained and equipped law enforcement response. These incidents create demand on both the County and the City respective to each party's resources. The parties believe these resources are economically served by entering into this Agreement. C. This Agreement is intended to allow cooperation between the parties and the most efficient use of public resources. It does not create a separate governmental entity, D. This Agreement is not intended to override individual department policies. Under no circumstances will this Agreement replace the individual department policy. AGREEMENT The parties agree as follows: 1. EFFECTIVE DATE AND DURATION. This Agreement takes effect when signed by the parties and remains in effect until December 31, 2022, unless terminated consistent with this Agreement. The parties will review this Agreement in January of even-numbered years and consider if revisions or modifications are needed. 2. PURPOSE AND FUNCTION. 2. 1 Prior to the execution of this Agreement, the County has previously developed, trained and equipped a police SWAT team to respond to law enforcement situations where special tactical operations and equipment are needed. The City formerly operated a Tactical Service Unit but has discontinued it so that these services can be provided in a more efficient manner. The purpose of this Agreement is to combine County and City resources so that the Page 1 - Intergovernmental Agreement for Special Weapons and Tactics (SWAT) 19 Attachment A public is better served.. 2.2 Under this Agreement, the parties will each provide sworn and certified law enforcement officers to train with and act on call as members of the SWAT team. Except as specially limited or particularly provided in this Agreement,such officers shall be regarded as frill members of the SWAT team without regard to their employer agency. Notwithstanding the foregoing,each employer agency shat l remain the respective employer of the officers they provide under this agreement. 2.3 The City shall have no authority to direct, control, or supervise such officers during SWAT training or SWAT activation. 3. CITY OBLIGATIONS 3.1 The City may provide sworn law enforcement officers as candidates for the SWAT team assigned to tactical or negotiation duties. SWAT team candidates proposed by the City shall meet the same physical, experience, and psychological qualifications required by the County for SWAT team members. if the SWAT team candidates proposed by the City are found to be qualified by the County, their names shall be forwarded to the Woodburn Police Chief for assignment to SWAT duty. After the Woodburn Police Chief makes a written assignment of a City SWAT team candidate to SWAT duty, that candidate shall become a SWAT team member. 3.2 The City shall compensate its officers who are SWAT team members engaged in training and SWAT activations according to applicable pay plans and collective bargaining agreements. The County shall not be responsible for directly or indirectly compensating City SWAT team members. 3.3 The City shall provide employment benefits to its officers who are SWAT team members. The County shall not be responsible for any employment benefits for City SWAT team members. 3.4 The City shall furnish ammunition,personal gear and equipment for use of its SWAT team members, as required by the County, including, but not limited to uniforms, weapons, and ballistic vests. 3.5 The City shall make its SWAT team members available for SWAT team duty and training as scheduled by the County. Notwithstanding, the Woodburn Police Chief may remove or reassign a City SWAT team member from SWAT team duty at the Chief's sole discretion. 4. COUNTY OBLIGATIONS 4.1 The County shall provide specialized SWAT training to all SWAT team members. Page 2 - Intergovernmental Agreement for Special Weapons and Tactics(SWAT) 20 Attachment A 4.2 The County shall direct and supervise all SWAT team members while such officers are acting in the course and scope of their SWAT assignments including training. 4.3 The County shall examine, test and screen candidates nominated by the City under the same standards as applied to County candidates. The County shall endeavor to include Woodburn Police leadership in the selection process as testing and screening evaluators. The County, in consultation with the Woodburn Police Chief, shall have the authority to decline the participation of any Woodburn SWAT team candidate, and after consultation with the Woodburn Police Chief, may remove any Woodburn officer from the SWAT team. County authority to accept, decline, or remove any Woodburn officer from the SWAT Team is at the Sheriffs sole discretion. 4.4 The parties agree that when the SWAT Team is activated and responds, the jurisdiction in which the SWAT activities take place will assume responsibility for the overall management of law enforcement activities under the Incident Command System. Notwithstanding,all tactical decisions of the SWAT Team shall be made by the SWAT Team Commander, not by the Incident Commander. 4.5 The County shall have no authority to impose discipline on SWAT team members not employed by the County. However, the County may remove a Woodburn officer from the SWAT team if the Sheriff determines,in his sole discretion,that removal is in the best interest of the SWAT Team. It is anticipated that the Sheriff will consult with the Woodburn Police Chief prior to removal of a City officer from the team. 5. JOINT OBLIGATIONS 5.1 City and County shall be responsible for providing their respective employees with Workers Compensation insurance or self-insurance as required under Oregon Law, and for providing such personal insurance benefits as are required by applicable laws, collective bargaining agreements, and internal agency administrative policies for their respective employees. 5.2 All officers assigned to the SWAT team shall be subject to the internal policies and procedures of their own respective departments with respect to use of force, personnel administration, payroll reporting, overtime eligibility, off-duty conduct, discipline, internal affairs reporting, and other like administrative matters. Notwithstanding the preceding, SWAT team members will also be responsible for compliance with SWAT protocols and reporting. 5.3 Each party shall insure or self-insure and be independently responsible for the risk of its own liability for claims within the scope of the Oregon Tort Claims Act (ORS 30.260 to 30.300). 5.4 The parties agree to comply with all federal, state, and local laws and ordinances Page 3 - Intergovernmental Agreement for Special Weapons and Tactics(SWAT) 21 Attachment A applicable to the work to be done under this Agreement. The parties agree that this Agreement shall be administered and construed under the laws of the State of Oregon. 5.5 The parties agree to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes,rules and regulations in the performance of this Agreement. 6. GENERAL PROVISIONS 6.1 Enforcement. The laws of the State of Oregon shall govern this Agreement. The venue for any action for the enforcement of this Agreement shall be in the appropriate court for Marion County, Oregon. Any judgment shall be limited to specific performance and/or injunctive relief. Neither party shall have any claim or remedy for monetary damages arising from an alleged breach of this Agreement against the other party. 6.2 Amendment of Agreement. Either party may request an amendment of this Agreement at any time. Such request shall be in writing to the other party and shall be responded to within sixty(60)days of receipt. 6.3 Notice. Any notice required or permitted of this Agreement shall be in writing and shall be deemed to have been sufficiently given if sent by certified mail, return receipt requested, postage and fees prepaid and addressed to the party as stated below or such other address previously provided in writing. To the City of Woodburn: James C. Ferraris, Woodburn Police Chief 1060 Mt. Hood Ave. Woodburn, Oregon 97071 To Marion County: Jason Myers,Marion County Sheriff PO Box 14500 Salem,Oregon 97309 6.4 Captions. Captions and headings used in this Agreement are inserted for convenience of reference only and are not intended to affect the interpretation or construction of the Agreement. 6.5 Waiver or Breach. A waiver of any party to this Agreement of the breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either party. Page 4 - Intergovernmental Agreement for Special Weapons and Tactics (SWAT) 22 Attachment A 6.6 Severability. If any provision of this Agreement is held invalid or unenforceable for any reason., no other provision shall be affected by such holding and all of the remaining provisions of this Agreement shall continue in fall force and effect. IN WITNESS THEREOF, the respective parties hereto have caused this Agreement to be signed in their behalf the day and year first above written. MARION COUNTY,OREGON CITY OF WOODBURN Jason Myers,Marion County Sheriff Scott Derickson, City Administrator Board of Commissioners Chair Commissioner Commissioner Date Approved as to form: Legal Counsel Date Contract Manager Date Page 5 - Intergovernmental Agreement for Special Weapons and Tactics(SWAT) 23