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Res 1223 - Agrmt Law Enforce .... COUNCIL BILL NO. 1529 RESOLUTION NO. 1223 A RESOLUTION ENTERING INTO THE NORTH MARION COUNTY LAW ENFORCEMENT AGREEMENT. WHEREAS. law enforcement authorities in North Marion County have met on a regular and ongoing basis to coordinate efforts towards supplementation of police services, and WHEREAS. these mutual aid efforts will bolster the ability of each individual entity to provide adequate law enforcement, and WHEREAS. it is necessary and in the interests of the City of Woodburn to enter into an agreement memorializing these mutual aid efforts, NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the Mayor, on behalf of the City, is authorized to execute the North Marion County Law Enforcement Agreement. Section 2. That a copy of said agreement is attached hereto and, by this reference, incorpora~~. Approved as to for~: I r. vvY ~ -:7 J I 0 /1 tf City Attorney /J V Date . APPROVED: ~ n~ Len Kelley, Mayor Passed by the Council March 14, 1994 Submitted to the Mayor March 15, 1994 Approved by the Mayor March 16, 1994 Filed in the Office of the Recorder ATTEST: 11~ -c:.~-J- Mary ennant, City Recorder City of Woodburn, Oregon March 16, 1994 Page 1 - COUNCIL BILL NO. 1529 RESOLUTION NO. 1223 -----.. ' ---~ "_._--....-.,,_.."_..~-'"" ~"..._._.-.- .._.'._,-',~"-,,,_-- I " General Conditions March 4, 1994 1. These General Conditions are intended to provide the framework of benefits and obligations within which any Oregon law enforcement agency 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 eAforcement agencies consent to and are bound by 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 that would 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; gangs, drugs, riot, unlawful assembly, insurrection, major disaster, criminal apprehensions, parades or other events where unusually large gatherings are to be found, search parties, and other instances of complex criminal investigations 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. Given the above, it is further recognized the mutual sharing of resources of training and information is of the utmost benefit to all participants. 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 paries, 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. 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 for whom assistance is requested. -."".. ,. _..____....'__'.'.....-_... __,..___h._H "'"~'_','___.m'_""'~_'_"__'" I ... 10C 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 the police protection within its own jurisdiction, nor does this Agreement create any rights or obligations 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 the 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 other party pursuant to this Agreement as those employees would receive if on duty within the boundaries of the party by which they are employed. It will be incumbent upon responding agencies to obtain the approval of the requesting agency of any costs of equipment, supplies, and materials used or expended, and reasonable subsistence expenses incurred while rendering assistance under this agreement. 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 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. All officers shall be bound by the policies and procedures of their respective agencies. 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 and materials. 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 T""." ..---- .........-T'""-..,..,~."_.---_._-,.... (30) days written notice to a.~ pa.. yating agencies. Thereafter this Lg.~ ent 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. 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. Any law enforcement agency in the geographical area of this agreement may become a party to this Agreement by appropriate action of the participating agencies. 19. The participating agency officials shall meet annually or as needed to review the Agreement and joint agency operations. -- End of General Conditions -- r-' .--- -. r .- '"" 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 North Marion County POLICE MUTUAL AID AGREEMENT GENERAL CONDmONS dated March 4, 1994 , 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 March , 19~. TIlE CITY OF Woodburn OREGON By: ~ ~~ Title: Mayor Attest: fYl~'---- ~ Title: City Rec rder APPROVED AS TO FORM: ,/", ~ L \ I" I'L".-- ) .,~ viJ'- IlJ(/:';:~~----- j Legal Counsel