Res 1626 - Police Mutual Aid Ag
COUNCIL BILL NO. 230S
RESOLUTION NO. 1626
A RESOLUTION AUTHORIZING EXECUTION OF A "POLICE MUTUAL AID
AGREEMENT" AMONGST VARIOUS MUNICIPAL, COUNTY, AND STATE LAW
ENFORCEMENT AGENCIES.
WHEREAS, it is mutually beneficial for public agencies to supplement, coordinate, and
support one another in the event of certain emergency situations; and
WHEREAS, the community welfare is best preserved through such supplemental police
support which would otherwise overtax the resources of a single jurisdiction during such
emergency situations; and
WHEREAS, Oregon Revised Statute Chapter 190 authorized such intergovernmental
agreements for cooperation services; and
WHEREAS, the City of Woodburn has previously entered into such mutual aid
agreements for said benefits; NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. The Mayor is authorized to sign the Mid- Willamette Valley Police Mutual
Aid Agreement on behalf of the City of Woodburn, a copy of which is affixed hereto as
Attachment "A" and, by this reference, incorporated herein.
Approved as to form:roJ ,ry-q- r>+<:::J 4 - I '1 - 1. " \) l
N. Robert Shields, City Attorney Date
Approved: ~,Qa.J:t\~
Richard ienn1gs, yor
Passed by the Council April 23, 2001
Submitted to the Mayor
April 24, 2001
Approved by the Mayor
April 24. 2001
April 24, 2001
Filed in the Office of the Recorder
ATTEST:--1Y\~~
Mary en nt, City Recorder
City of Woodburn, Oregon.
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RESOLUTION NO. 1626
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General Conditions
March 5, 2001
1. These General Conditions are intended to provide the framework of benefits and obligations
within which any Oregon law enforcement agency with jurisdiction in Marion, Polk or Yamhill
Counties may obtain the aid and assistance of any other agency which has agreed to be bound by
the same conditions.
2. The term "this Agreement" refers to the collective agreements by which law enforcement
agencies consent to and are bound to these General Conditions, and includes these General
Conditions themselves. The term "Party" includes every agency which has signed such an
agreement.
3. It is to the mutual advantage of the parties hereto that there be supplementary police aid available
should a public occurrence or event sorely tax the police facilities of a single party, threaten to
reach a magnitude or duration beyond the ability of a single police agency to control, or, for the
public safety, require a multi-jurisdictional coordinated effort.
4. The parties contemplate that such supplementary police service would be available in, but not
limited to, situations and circumstances such as: riot, unlawful assembly, insurrection, major
disaster, apprehension of suspected felons, parades or other events where unusually large
gatherings are to be found, search parties, and other instances where the local agency's human
resources cannot reasonably be expected to cope with the situation; and further that
supplementary police service would be available on a routine basis, as between neighboring
jurisdictions, when, for whatever reason, a particular police agency is unable to respond
immediately to a situation requiring immediate and speedy police response and the neighboring
agency has the present ability to respond.
5. This Agreement is of a type and for a purpose expressly authorized by Chapter 190, Oregon
Revised Statutes and is not otherwise prohibited by law.
6. The governing authority of each party has determined that it is mutually advantageous to render
assistance to and receive assistance from other parties, and the benefit to be derived by each of
the parties from availability of additional police service and support is ample consideration for
each to enter into this Agreement.
Mid- Willamette Valley Police Mutual Aid Agreement
General Conditions, 03/05/01 - Page 1
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7. If there is a "police problem" within the area of jurisdiction of one of the parties, and the problem
is of such gravity and consequence that the regular police personnel of such party cannot readily
control or suppress the same, the senior police officer on duty may request assistance from one or
more of the parties to this Agreement by notifying the Police Chief, Sheriff or their designated
officer on duty of the agency from whom assistance is requested.
8. Upon receipt of such request for aid, the agency to whom the request is made shall respond at its
fullest ability without, in its judgement, compromising its ability and resources to maintain a
reasonable level of service within its own jurisdiction. The decision of the Police Chief, Sheriff
or other duly designated officer of the agency from whom aid is requested as to what manpower,
equipment and vehicles are available for response shall be final.
9. The requesting agency's officer in charge at the scene of the "problem" shall remain in charge
and provide general directions to all aiding agency personnel. At the request of the officer in
charge, any aiding agency shall withdraw its personnel from the scene of the problem.
10. Where the services of responding agencies are required on a dispersed or multiple location basis,
the requesting agency's senior officer on duty shall designate an officer as "Coordinator." The
Coordinator shall have authority to assign responding agency personnel to locations within or
without the requesting agency's jurisdiction. When responding personnel are dispatched to
locations outside of the requesting agency's jurisdiction, the Coordinator shall promptly notify
the senior officer in the jurisdiction to which said personnel are dispatched. That senior officer
shall provide direction to responding agency personnel as needed to carry out the mission
assigned by the Coordinator.
11. It is mutually agreed and understood that this Agreement shall not relieve any party hereto of the
responsibility for police protection within its own jurisdiction, nor does this Agreement create
any right in or obligation to third persons by any party hereto which would not exist in the
absence of this Agreement.
12. Each of the parties hereto shall continue to provide the same salaries, compensation for death or
disability, retirement and furlough payments, cost of transportation, and other normal fringe
benefits to their employees who are assigned to render assistance to another party pursuant to this
Agreement as those employees would receive if on duty within the boundaries of the party by
which they are employed. Costs of equipment, supplies, and materials used or expended, and
reasonable subsistence expenses incurred while rendering assistance under this Agreement will
be borne by the party requesting such assistance and authorizing the use of said equipment,
supplies, materials, and reasonable subsistence expenses.
13. It is agreed that this Agreement for mutual aid shall constitute the sole consideration for the
performance hereof, and no party hereto shall be obligated to reimburse any other for use of
manpower. Each party hereto shall protect its own employees performing under this Agreement
by adequate Workers' Compensation Insurance or self-insurance. Each party hereto shall obtain
and maintain in full force and effect adequate public liability and property damage insurance or
self-insurance public liability and property damage insurance or self-insurance to cover claims
for injury to persons or damage to property arising from the performance of this Agreement.
Each jurisdiction shall be responsible for the acts of its own employees.
Mid- Willamette Valley Police Mutual Aid Agreement
General Conditions, 03/05/01 - Page 2
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14. Persons arrested by officers whose services are being provided to another agency requesting their
service shall be deemed, for all purposes including provision of medical care as required by law,
to be in the custody of the agency which requested the assistance under this Agreement.
15. It is expressly understood that this Agreement does not cover the use of special incident teams
such as Special Weapons and Tactics (SWAT), Hostage Negotiations, and Hazardous Devices.
Deployment of such special teams to assist another agency must be pursuant to a separate
agreement.
16. The term of this Agreement shall be perpetual, subject to the right of any party to withdraw as
provided herein. These General Conditions may be modified at any time by mutual consent of
all agencies who are then parties hereto. Any party to this Agreement may withdraw at any time
on thirty (30) days written notice to the Chief of Police of the City of Salem. Thereafter this
Agreement shall continue to exist among the remaining parties. Any party hereto may be
excluded from this Agreement upon thirty (30) days written notice executed by at least a majority
of the agencies who are then parties hereto. Upon withdrawal or exclusion of a party, the Chief
of Police of Salem shall give prompt written notice of such act to the chief officers of all
remaining parties.
17. It is expressly declared to be the intention of each party signatory hereto that its participation in
this Agreement is not dependent on the participation of any other law enforcement agency,
whether or not already a party hereto.
18. The parties hereto and each of them agree that all mutual aid agreements existing between them,
to the extent that said agreements cover the same matters covered herein, are hereby canceled
and shall be of no further force or effect.
19. Any law enforcement agency eligible as described in paragraph one of these General Conditions
may become a party to this Agreement by appropriate action of its governing body or other
official or body having the authority to enter into intergovernmental agreements on behalf of the
agency, causing two copies of an Agreement in the form attached hereto as Exhibit A to be
signed on its behalf by its duly authorized official or officials, and delivering both copies to the
Chief of Police of the City of Salem. Upon such delivery, the Chief of Police of Salem shall
transmit one original to the Chief of Police of the City of Woodburn, keep the other on file,
acknowledge receipt in writing to the agency, and notify all other parties of the addition of such
agency as a party.
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Mid- Willamette Valley Police Mutual Aid Agreement
General Conditions, 03/05/01 - Page 3
ATTAC~MENT A
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MID- WILLA METTE V ALLEY
POLICE MUTUAL AID AGREEMENT
1. On the day and year last set forth below, the City of Woodburn, Oregon, for its
Police Department ("Agency"), based upon duly adopted action or authority of its governing
body or other official or body having authority to enter into intergovernmental agreements on
behalf of the Agency, agrees to and accepts the MID- WILLAMETTE V ALLEY POLICE
MUTUAL AID AGREEMENT GENERAL CONDITIONS dated March 5, 2001, and agrees ,to
become a party to a multi-agency mutual aid system governed by those General Conditions.
2. All prior agreements concerning the same subject matter and scope of coverage
are hereby terminated as of the date last set forth below.
IN WITNESS WHEREOF the Agency has caused this Agreement to be signed, in
duplicate, by its duly authorized representatives as of this day of ,2001.
THE CITY OF WOODBURN, OREGON
By:
Title:
Attest:
Title:
APPROVED AS TO FORM:
Legal Counsel
1
ATTACH,MENT A
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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
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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
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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 ofORS 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 personnel furnished 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;
Commander.
4.1.3. The User's Chief Officer or Duty Commander upon notice to the Incident
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, notwithstanding, the City of Salem and its
employees shall cooperate fully with and provide all the foregoing information to the City of Woodburn
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in the event a tort claim or litigation is filed as provided by ORS 30.287(2) and Salem seeks defense and
indemnity under this agreement.
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 QIQ
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:
Robert G. Wells
City Manager Pro-Tern
By:
Title:
Date:
Date:
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