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Res 1580 - Agm Sp Police Op Tm COUNCIL BILL NO. 2036 RESOLUTION NO. 1580 A RESOLUTION AUTHORIZING EXECUTION OF AN "AGREEMENT FOR USE OF SPECIAL POLICE OPERATIONS TEAMS" WITH THE CITY OF SALEM POLICE. WHEREAS, it is mutually beneficial for public agencies to supplement, coordinate, and support one another in the event of special emergency service situations; and WHEREAS, the City of Salem is the primary provider of special police operation teams such as Special Weapons and Tactics (SWAT), Hazardous Devices Negotiations within the Marion County area; and WHEREAS, o.regon Revised Statutes Chapter 190 authorizes such intergovernmental agreements for cooperative services; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. The Mayor is authorized to sign on behalf of the City of Woodburn said "Agreement for Use of Special Police o.perations Teams," a copy of which is attached for reference. ~ Approved as to form~ ,ryq- ~ '1-'1-12- 0 00 City Attorney Date Approved ~ / Rich rd Jennings, yor y Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder q~ ATTEST: " ~ennant City Recorder City of Woodburn, o.regon March 27. 2000 March 29, 2000 March 29. 2000 March 29, 2000 Page 1 - Co.UNCIL BILL NO.. 2036 RESo.LUTIo.N NO.. 1580 --y-.......,.._---......----_....."..."...__.._...,_.".. 1~ AGREEMENT FOR USE OF SPECIAL POLICE OPERATIONS TEAMS This Agreement is made between the City of Salem, an Oregon municipal corporation ("Salem"), and the WOODBURN POLICE DEPARTMENT, an Oregon municipal corporation ("User"), for the purpose of establishing terms and conditions for the use of Salem's special operations teams by User. This Agreement is entered into pursuant to ORS Chapter 190; and has as its further consideration the mutual benefits, obligations, reservations and protections herein contained. ARTICLE 1. - DEFINITIONS 1.1. "Chief Officer" means the User's Chief of Police, Sheriff, or other head of the User's law enforcement agency; or the person who, by law, administrative rule, or special appointment, is acting in that capacity in the absence of the permanent head of the agency. 1.2 "Consumables" means ammunition, food, and other materials used by a special team which, once used, are unsuitable for further use "as is." The term does not include fuel, lubricants, etc., consumed by vehicles used for transport of special teams and their equipment. 1.3. "Duty Commander" means the Shift Commander, Watch Commander, Force Commander, Station Commander, or other officer who is on duty as supervisor in charge of a law enforcement agency's operation. 1.4. "Incident Commander" means the officer assigned by Salem to supervise and command the operations of one or more special teams at an incident, and to have full command of all other law enforcement operations and activities within the incident perimeter 1.5. "Incident Perimeter" means the geographic perimeter as established or modified from time to time by the Incident Commander, and within which the Incident Commander is in charge of all law enforcement operations. 1.6. "Liaison Officer" means a supervisory officer assigned by the User's Duty Commander to assist, coordinate, and maintain communication between the Salem Incident Commander and the User's Duty Commander. 1.7. "Special Team" includes the Special Weapons and Tactics Team ("SWAT"), the Hostage Negotiations Team, the Hazardous Devices Team, and any other special capability team created by Salem to handle specialized high-risk police operations and identified as a special team for purposes of this Agreement by Salem's Chief of Police. ARTICLE 2. - PROCEDURES 2.1. User may request the services of Salem's special teams only by direct request from its Duty Commander upon express approval of its Chief Officer. Such request shall be communicated directly by User's Duty Commander to Salem's Duty Commander, and shall include an explicit AGREEMENT - SPECIAL POLICE OPERATIONS TEAMS - Page 2 .... confirmation that User's Chief Officer has been informed of and specifically authorized that particular request. 2.2. Salem's Duty Commander will respond to the User within 15 minutes whether a request will be honored or not. Salem, through its Chief Officer and Duty Commander reserve complete and sole discretion to grant or deny any request for the use of special teams. 2.3. Upon approval of a request, an Incident Commander from Salem's Police Department will be assigned and officers assigned to comprise the team or teams. User will assign a Liaison Officer and notify Salem's Duty Commander. Salem expressly disclaims all responsibility for time of response. Arrival of individual team members in sufficient strength to assume operational responsibility for an incident is dependent upon factors such as availability of equipment, scheduled vacations and days off, other special assignments, etc., some of which are beyond Salem's control and others are within Salem's sole discretion and judgement as to priority of assignment. 2.4. Once Salem's Incident Commander arrives at the scene of the incident, the Liaison Officer will brief the Incident Commander and define the goals and objectives to be met in resolving the incident. The Incident commander will assess the situation and inform the Liaison Officer of the necessary incident perimeter and any necessary preliminary operations which can be done by the User (road blocks, evaluation, intelligence gathering, establishing communications with utilities, etc.). When, in the judgement of the Incident Commander, an effective liaison has been established and sufficient special team personnel and equipment are ready, he or she will assume command of the incident and so notify the Liaison Officer. 2.5. User shall provide support, facilities, consumables, perimeter security, and other assistance as requested by the Incident Commander until command of the incident is reassumed by or relinquished to the User as provided in Section 4.1. 2.6. While in command of the incident, the Incident Commander shall have sole authority to direct and control special team members, and any User agency officers who may be given special limited duties within the incident perimeter. The User agency shall be responsible for maintaining perimeter security, and for all support operations. ARTICLE 3. - LEGAL STATUS OF PARTIES AND PARTICIPANTS 3.1. The sole operational functions of the City of Salem, its Chief Officer, and Duty Commander are to review requests for special teams; and, if approved, assign an Incident Commander and team members. Once so assigned, the Incident Commander and team members are agents of the User, and are entitled to indemnity and defense by the User pursuant to ORS 30.260 to 30.300 as agents of the User. 3.2. Any and all employees of Salem involved in the selection, and equipping of the Incident Commander and team members do so as agents of the user, and are likewise entitled to indemnity and defense by the User pursuant to ORS 30.260 to 30.300. 3.3. Selection, assignment, discipline, and training of Salem's special team members, generally, is done without consideration of their use in such capacity by other agencies. Salem's Chief of Police, City Manager, and Common Council have in their discretion, chosen and approved the nature and AGREEMENT - SPECIAL POLICE OPERATIONS TEAMS - Page 3 -"Y- "r level of training and qualifications of police command officers and special team members to suit what they believe to be the proper balance between available resources and public needs. User agrees that Salem makes its special teams and Incident Commanders available hereunder without any representation as to the suitability or applicability of their training, equipment, or qualifications in incidents outside the City of Salem; and acknowledges that Salem's discretion, through its officers, employees and agents, as to the fitness, training, equipment, character, and ability of its command officers and special team members is discretionary within the scope and meaning of ORS 30.265(3) (c). 3.4. To the extent it lawfully may under the Constitution and laws of Oregon, the User agrees to indemnify, defend, and save harmless the City of Salem, its officers, employees and agents from and against any and all claims, actions, and appeals arising out of or incident to User's use of Salem's personnel under this Agreement. 3.5. User shall reimburse Salem for the actual cost of any consumables used by special teams in connection with their operations under this Agreement. 3.6. Salem shall pay all salary and fringe benefit costs, including Workers' Compensation coverage as required by law and also including overtime compensation, if any, incurred with respect to its personnelfurnished to User hereunder. 3.7. Any persons arrested by Salem police officers acting under this Agreement shall be deemed for all purposes, including provision of medical care as required by law, to be in the custody of the User and not Salem. ARTICLE 4. - TERMINATION 4.1. The participation of Salem's personnel in any incident may be terminated by: 4.1.1. The Incident Commander upon that officer's determination that the incident is resolved and notification thereof to the Liaison Officer; 4.1.2. The Incident Commander when, in that officer's discretion and judgement, it appears that further participation of Salem personnel would represent an unreasonable risk to their safety or welfare, or to the safety of others not involved in the incident; 4.1.3. The User's Chief Officer or Duty Commander upon notice to the Incident Commander. 4.2. Upon termination of Salem personnel's participation in an incident, the Incident Commander shall notify the Liaison Officer of their withdrawal and the reasons thereof. Salem personnel shall thereafter have no further authority or responsibility with respect to the incident. 4.3. Within 48 hours after termination of participation in an incident, Salem shall provide User with copies of such incident reports as would be produced by its officers involved in a similar incident in Salem; provided, however, that this shall not obligate Salem to furnish copies of reports generated by personnel from another agency, Internal Affairs reports, or reports prepared in anticipation of any potential administrative or judicial proceeding. AGREEMENT - SPECIAL POLICE OPERATIONS TEAMS - Page 4 ,.,...,. ---y--_..~..,...,._....-.__.,_...._. .~.. ....__........,-~,.._..,....,. ,- 1 -'1,-" " ARTICLE 5. - TERM AND CANCELLATION 5.1. This Agreement may be canceled by either party upon 30 days prior written notice to the Chief Officer of the other. 5.2. Except as provided in Section 5.1., this Agreement shall be perpetual, continuing in force and from the most recent date of execution set forth below until terminated. ARTICLE 6. - MISCELLANEOUS 6.1. This Agreement represents the entire understanding of the parties with respect to the subject matter hereof, and supersedes any and all prior written and verbal agreements, representations, and understandings with respect to the same subject matter. 6.2. The terms and conditions hereof are severable, and independent. Invalidity of any part hereof shall not be construed as impairing the validity or enforce ability of the remainder. 6.3. This Agreement may be waived or modified, in whole or in part, permanently or J2!Q tempore, only by prior written agreement of the parties. No other waiver, modification, or amendment may be made, and no representation purporting to do so may be relied upon by either party. IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective names by their duly authorized representatives as of the dates set forth below. CITY OF SALEM, OREGON CITY OF WOODBURN, OREGON By: Mike Swaim, Mayor By: Title: Date: Date: AGREEMENT - SPECIAL POLICE OPERATIONS TEAMS - Page 5 '-.'y--""'---- to" "., ..,..,,_.--_.'-, ..,.,,~-,."....~-_._-,.._- ..,.