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Res 1057 - Police Mutual Aid Ag COUNCIL BILL NO. 1307 RESOLUTION NO. 1057 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 authorizes such intergovernmental agreements for cooperation services; and WHEREAS. the City of Woodburn has previously entered into such mutual aid agreements for said benefits; NOW, THEREFOREI 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 attached hereto for reference. 6- U Approved as to form77 ,n I ~oy Dol: - / I APPROVED: 1-~ vJ K: AAJJIA / FRED W. KYSER,-~YOR - Passed by the Council June 10, 1991 Submitted to the Mayor June ll. 1991 Approved by the Mayor June ll, 1991 Filed in the Office of the Recorder June ll. 1991 ATTEST: tU Mary Tenn , Deputy Recorder City of Woodburn, Oregon Page 1 - COUNCIL BILL NO. 1307 RESOLUTION NO. 1057 ~-------- . ."". 'lIP> MID-WILLAMEITE V AILEY POllCE 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- WILLAMETIE VALLEY POLICE MUTUAL AID AGREEMENT GENERAL CONDITIONS dated June 1, 1991, 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 11 day of June , 19....2l. THE CIlY OF WOODBURN, OREGON APPROVED AS TO FORM: ~ ~~/) ( Legal Counsel -~- "'--'-'.'~-"'~"'"--"-"~.---~"----'~---"""-"-~"-_..'--~" General Conditions June 1, 1991 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 "thi> Agreement" refe.-s to the collective ag..eem.:;nts 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. 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 judgment, 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 rt:quested 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 other party pursuant to this Agreement as those employees would receive if on duty within the boundaries of the party hy 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 pubic 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 ar~;ng from the performance 0f this Agreement. Elich jurisdiction shall be responsible for the acts of its own employees. 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. Mid-Wdlamette Valley Police Mutual Aid Agreement General Conditions, 6/1/91 - Page 2 ~ ...,... -r- 15. It is expressly understood that this Agreement does not cover the use of special incident teams such as Special Weapons and Tactics (SWA1), 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 signaiOty 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 1 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 Superintendent of the Oregon Department of State Police, 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. .. End of General Conditions .. Mid-Wi/lamette Valley Police Mutual Aid Agreement General Conditions, 6/1/91 - Page 3