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Res 1784 - SWAT COUNCIL BILL NO. 2557 RESOLUTION NO. 1784 A RESOLUTION ENTERING INTO AN INTERGOVERNMENTAL AGREEMENT WITH MARION COUNTY AND THE CITIES OF MOUNT ANGEL, STAYTON, AND SILVERTON PROVIDING FOR PARTICIPATION ON THE MARION COUNTY INTERAGENCY SPECIAL WEAPONS AND TACTICS (SWAT) TEAM AND AUTHORIZING THE CITY ADMINISTRATOR TO SIGN SAID AGREEMENT WHEREAS, Marion County has developed, trained, and equipped a police special weapons and tactics team ("SWAT" team) to respond to certain law enforcement situations; and WHEREAS, the cities of Woodburn, Mount Angel, Stayton, and Silverton are already parties to an intergovernmental agreement under which Marion County will provide its SW AT team to handle situations within its expertise; and WHEREAS, since 1998, the Woodburn Police Department has maintained two police officers as members of the SWAT team and one police officer as a member of the hostage negotiation team which is attached to the SWAT team; and WHEREAS, it is necessary to formalize the relationship between these various police agencies and Marion County with an intergovernmental agreement; NOW, THEREFORE, THE CITY OF WOODBURN RESOLVES AS FOLLOWS: Section 1. That the City of Woodburn enter into an intergovernmental agreement with Marion County, Mount Angel, Stayton, and Silverton for participation in the Marion County interagency special weapons and tactics (SWAT) team. Section 2. That a copy of said Agreement is affixed to this Resolution as Attachment "A" and is by this reference incorporated herein. Section 3. That the City Administrator of the City of Woodburn is hereby authorized to sign said Agreement on behalf of the City. Approved as to form: CO)7'cr~ City Attorney 2-1" Jz O()~ Dale ( Page 1 - Council Bill No. 2557 Resolution No. 1784 "" Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder /7 (U -- ;:~~- Mary T e ant City Recorder City of Woodburn, Oregon ATTEST: Page 1 - Council Bill No. 2557 Resolution No. 1784 February 16, February 16, 2005 February 16, 2005 ,.. ATTACHM.ENT A Page -L of 5 INTERGOVERNMENTAL AGREEMENT Between Marion County, Oregon A political subdivision of the State of Oregon ("Marion County") And The City of Woodburn, An Oregon municipal corporation ("Woodburn") And The City of Mt. Angel, An Oregon municipal corporation ("Mt. Angel") And The City of Stayton, An Oregon municipal corporation ("Stayton") And The City of Silverton, An Oregon municipal corporation ("Silverton") . For the purpose of Providing for Woodburn, Mt. Angel, Stayton and Silverton participation on the Marion County Interagency Special Weapons and Tactics Team (SWAT). This agreement is entered into under ORS 190.010, and does not create a separate governmental entity. IN CONSIDERATION of the mutual benefits and obligations resulting from this Agreement, the parties agree as follows: DEFINITIONS: As used herein, the term "Party" or "Parties" means one or more of the parties that are signatory to this agreement. 1. PURPOSE AND SCOPE OF AGREEMENT 1.1 Marion County has developed, trained and equipped a police Special Weapons and Tactics Team ("SWAT' team) to respond to law enforcement situations where special tactical operations and equipment are needed. 'f: ATTACHMENT t: Page~. of / 1 .2 Under this Agreement, Woodburn, Mt. Angel, Stayton and Silverton will each provide sworn and certified law enforcement officers to train with and act on call as members of the Marion County Interagency SWAT Team. Except as specially limited or particularly provided in this Agreement, such officers shall be regarded as full members of the SWAT Team without regard to their employer agency. 1.3 Notwithstanding the foregoing, Woodburn, Mt. Angel, Stayton and Silverton shall remain the respective employers of the officers they provide under this Agreement although they shall have no authority to direct, control, or supervise such officers while they are engaged in SWAT training or SWAT activation under the direction and control of Marion County . 2. WOODBURN, MT. ANGEL, STAYTON AND SILVERTON OBLIGATIONS 2.1 Woodburn, Mt. Angel, Stayton and Silverton shall initially nominate one sworn law enforcement office certified by the Oregon Department of Public Safety Standards and Training. Such candidates shall meet the same physical, experience, and psychological qualifications as required by Marion County Interagency SWAT team candidates from the Marion County Sheriffs Office. If acceptable to Marion County the candidate shall become a SWAT team member. 2.2 Each agency shall compensate its officers who- are SWAT team members engaged in training and SWAT activations according to applicable pay plans and collective bargaining agreements. Marion County shall not be responsible for directly or indirectly compensating Woodburn, Mt. Angel, Stayton or Silverton employees. 2.3 Each agency shall be solely responsible for providing 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. Woodburn, Mt. Angel, Stayton and Silverton shall not be eligible for any benefits accorded Marion County employees (such as, but not limited to, paid leave, health insurance, retirement, etc.). 2.4 Each agency will furnish ammunition, personal gear and equipment' for use of that agency's officers and as specified by Marion County, including, but not limited to: . Uniforms; . Weapons and ammunition; . Ballistic vests. 2.5 Officers may use additional personal equipment such as canteens, flashlights, belt pouches, etc. subject to approval of Marion County's SWAT Commander. 2.6 Each agency shall make it's officer(s) assigned to SWAT duty available for training as scheduled by Marion County for the SWAT team; provided, "" Ii ATTACHMENT Page-2L of .A 5 however, that an agency may withdraw an officer from the assigned SWAT training for any reason. If an officer is absent from three training days in succession that officer will not be included in any SWAT activation without completing a re-qualification training exercise. 3. MARION COUNTY'S OBLIGATIONS 3.1 Marion County shall be fully responsible for providing specialized in- county SWAT training to all Marion County Interagency SWAT team members including officers from Woodburn, Mt. Angel, Stayton and Silverton accepted for participation in the Marion County Interagency SWAT team. 3.2 Marion County shall be fully responsible for directing and supervising all SWAT team members including officers from Woodburn, Mt. Angel, Stayton and Silverton accepted for participation in the Marion County Interagency SWAT team while such officers are acting in the course and scope of their duties as such, including training. 3.3 Marion County shall examine, test and screen candidates nominated by Woodburn, Mt. Angel, Stayton and Silverton under the same standards as it applies to candidates from the Marion County Sheriff's Office. Marion County shall have sole authority and responsibility to decline any candidate offered by Woodburn, Mt. Angel, Stayton and Silverton and may remove any Woodburn, Mt. Angel, Stayton and Silverton officer from the Marion County Interagency SWAT team for any or no cause in it's sole discretion. 3.4 The Parties agree that when the Marion County 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, and shall do so under the Incident Command System. However, all tactical decisions of the SWAT Team shall remain at the SWAT Team commander level, and not with the Incident Commander. 3.5 If a jurisdiction that is a Party to this agreement initiates a SWAT Team response within that Party's jurisdiction, that Party agrees, to the extent permitted ~under the Oregon Tort Claims Act, to defend, indemnify and hold harmless the other parties to this agreement, their agents, officers and employees, from any claims Of' action for injuries, civil rights violations, losses, damages, attorney fees, and other legal defense costs arising or resulting from the SWAT Team activities that take place under this Agreement in response to that call. Excluded from this obligation to defend, indemnify and hold harmless are any claims or actions which arise from any decision made by the SWAT Team tactical commander in a SWAT Team response within the jurisdiction of a Party to this agreement, after consultation with the Incident Commander, with, which the Incident Commander disagreed and communicated that disagreement to the SWAT Team tactical commander prior to implementation of the decision by the SWAT Team tactical commander. In the event the SWAT Team '1' AffACijMENTA Page jL,- of . ? tactical commander, acting in the course and scope of his employment and duties, does implement such a decision notwithstanding the communicated disagreement with that decision by the Incident Commander, Marion County agrees, to the extent permitted under the Oregon Tort Claims Act, to defend, indemnify, and hold harmless the Party in whose jurisdiction the incident occurred. Further, if the SWAT Team, responds to an incident in a jurisdiction that is not a party to this agreement, Marion County agrees, to the extent permitted by the' Oregon Tort Claims Act, to defend, indemnify, and hold harmless the officers assigned to the SWAT Team, while acting in the course and scope of their employment as such, and the Party employing such officers 4. STATUS OF EMPLOYEES AND AUTHORITY CONCERNING PERSONNEL MATTERS 4.1 Woodburn, Mt. Angel, Stayton and Silverton officers assigned to. the Marion County Interagency SWAT team shall.be subject to the internal policies and procedures of their own respective departments with respect to personnel administration, payroll reporting, overtime eligibility, off-duty conduct, discipline, internal affairs reporting, and other like administrative matters. 4.2 Marion County shall have no power or authority to impose discipline on any Woodburn, Mt. Angel, Stayton or Silverton officer; however, Marion County's SWAT commander shall have authority to summarily remove any Woodburn, Mt. Angel, Stayton or Silverton officer from active participation in Marion County Interagency SWAT team activity in his or her sole discretion. In such an event, Marion County shall promptly notify the chief administrative officer of the agency employing such officer. 5. TERM AND TERMINATION 5.1 The term of this Agreement shall be indefinite provided that any party may withdraw from this Agreement at any time by giving all other parties 30 days prior written notice of its intention to do so. 5.2 The name and address of the contact person within each party agency are as follows: CITY OF WOODBURN: Chief Scott Russell 270 Montgomery Street Woodburn, Oregon 97071 CITY OF MT. ANGEL: Chief Brent Earhart 5 N. Garfield Mt. Angel, Oregon 97362 CITY OF STAYTON: Chief Don Eubank ,~.__._-_.._--~---_._-~._------_.~-~_.__._---~._--_._.------------.---..--" 'll' I. ~~~:=~~E~l+- 386 N. 3rd Avenue Stayton, Oregon 97383 CITY OF SIL VERTON: Chief Rick Lewis 306 S. Water Street Silverton, Oregon 97381 MARION COUNTY: Sheriff Raul Ramirez P.O. Box 14500 100 High Street Salem, Oregon 97309 In witness thereof, the parties have executed this agreement as of the date stated below. Marion County Sheriff CITY OF WOODBURN By: Title: Date: MARION COUNTY, OREGON Board of Commissioners CITY OF MT. ANGEL Chair By: Title: Date: Commissioner CITY OF STAYTON By: Title: Date: Commissioner CITY OF SIL VERTON By: Title: Date: Date Approved as to form: Legal Counsel Date Contracts Coordinator Date G:\agreements\swatagreement.doc IT