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HomeMy WebLinkAbout4449 Resolution - ILA Dept. of Corrections (K13448)Resolution – WA ST DOC ILA - 1 RESOLUTION NO. 4449 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE A MUTUAL AID AGREEMENT BETWEEN THE WASHINGTON STATE DEPARTMENT OF CORRECTIONS AND THE CITY OF PASCO POLICE DEPARTMENT FOR MUTUAL AID SERVICES. WHEREAS, RCW 39.34, INTERLOCAL COOPERATION ACT, authorizes political subdivisions to jointly exercise their powers, privileges, or authorities with other political subdivisions of this State through the execution of an interlocal cooperative or interagency agreement; and WHEREAS, in accordance with RCW 38.52.091 (Mutual Aid and Interlocal Agreements) and RCW 39.34 (Interlocal Cooperation Act), this Agreement is made and entered into by the Washington State Department of Corrections (DOC) and the City of Pasco Police Department (Pasco PD); and WHEREAS, this Mutual Aid Agreement will further the State of Washington’s intent to permit mutual aid agreements between law enforcement agencies under RCW 10.93 (the Washington Mutual Aid Peace Officers Powers Act) and RCW 38.52 (Emergency Management); and WHEREAS, the City of Pasco (City) and the Washington State DOC desire to enter into this Mutual Aid Agreement to provide personnel, equipment, and munitions in support of Law Enforcement operations in the City of Pasco; and WHEREAS, the City wishes to utilize Washington State DOC to provide the necessary resources requested in this Agreement during the Period of Assistance; and WHEREAS, the City shall do the things necessary for, and incidental to the performance of duties set forth in this Agreement; and WHEREAS, the City Council of the City of Pasco, Washington, has after due consideration, determined that it is in the best interest of the City of Pasco to enter into the Mutual Aid Agreement to work in collaboration to support Law Enforcement Operations in the City with the Washington State DOC. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Council of the City of Pasco approves the terms and conditions of the Mutual Aid Agreement between the Washington State Department of Corrections and the City of Pasco Police Department; a copy of which is attached hereto and incorporated herein by reference as Exhibit A. Resolution – WA ST DOC ILA - 2 Be It Further Resolved, that the City Manager of the City of Pasco, Washington, is hereby authorized, empowered, and directed to sign and execute said Agreement on behalf of the City of Pasco; and to make minor substantive changes as necessary to execute the Agreement. Be It Further Resolved, that this Resolution shall take effect immediately. PASSED by the City Council of the City of Pasco, Washington, on this 6th day of May, 2024. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Exhibit A DOC Agreement No. K13448 Washington State K13448 Page 1 of 7 Department of Corrections 24RAD MUTUAL AID AGREEMENT BETWEEN THE WASHINGTON STATE DEPARTMENT OF CORRECTIONS AND THE CITY OF PASCO POLICE DEPARTMENT AGREEMENT: In accordance with RCW 38.52.091 (Mutual Aid and Interlocal Agreements) and RCW 39.34 (Interlocal Cooperation Act), this agreement is made and entered into by the Washington State Department of Corrections (DOC) and the City of Pasco Police Department (PPD). This agreement is entered into at the request of the Pasco Police Department for the Department of Corrections to provide resources for Law Enforcement operations taking place in Pasco, Washington. PERIOD OF ASSISTANCE: April 1, 2024, through March 31, 2029 PURPOSE: To establish an agreement between the Department of Corrections and the Pasco Police Department for mutual aid personnel, equipment, and munitions in support of Law Enforcement operations in the City of Pasco Washington. This agreement will further the Department of Corrections’ mission statement by working in collaboration with criminal justice partners to contribute to community safety and will better enable the Pasco Police Department to maintain peace and public safety as required by law. This agreement will further the State of Washington’s intent to permit mutual aid agreements between law enforcement agencies under RCW 10.93 (The Washington Mutual Aid Peace Officers Powers Act) and RCW 38.52 (Emergency Management). AUTHORITY: The Department of Corrections is a “limited authority Washington law enforcement agency” as defined in RCW 10.93. The Pasco Police Department is a “general authority Washington law enforcement agency” as defined in RCW 10.93. Exhibit A DOC Agreement No. K13448 Washington State K13448 Page 2 of 7 Department of Corrections 24RAD During the period this agreement is in place, members of the Department of Corrections will retain their status as a “limited authority Washington peace officer” and will not be a “specially commissioned Washington peace officer” as allowed in RCW 10.93. As such, the Pasco Police Department shall provide direction, control, and any necessary training to members of the Department of Corrections assigned to assist the Pasco Police Department. Members of the Department of Corrections shall be under the direction and control of a “general authority peace officer” at all times. Members of the Department of Corrections may assist, as needed, in the arresting, searching, and processing of individuals identified by members of the Pasco Police Department and only when lawfully directed by a “general authority peace officer.” It is agreed that the Pasco Police Department maintains primary responsibility for this operation and will retain liability for any law enforcement action taken by members of the Department of Corrections while participating in this mutual aid activity. It is agreed that the Pasco Police Department would provide security and protection for members of the Department of Corrections, up to and including the use of deadly force. OPERATIONS: The Pasco Police Department is anticipating protests and possible civil unrest as a result of Grand Jury Decisions involving Law Enforcement and cultural groups. The Pasco Police Department has in place Mutual Aid Agreements with surrounding law enforcement agencies, but these agreements are on an “as needed” basis with substantial delay in response times. The Pasco Police Department has requested the Department of Corrections provide an onsite Emergency Response Team, individual and team equipment, and chemical agents, and specialty impact (less-lethal) munitions. It is anticipated that the Emergency Response Team would be used, as needed, to assist with crowd control, disturbance management, and any mass arrest situation. Selected Emergency Response Team members of the Department of Corrections may take part in the following law enforcement functions, always acting under the supervision and direction of a “general authority law enforcement officer.” Primarily, members of the Department of Corrections will be utilized as First Responders to assist the Pasco Police Department to provide for the safety of all responders and citizens, protect property, maintain movement of traffic, to allow for peaceful and lawful demonstrations, and to maintain order. The primary mission will be accomplished using Department of Corrections’ Disturbance Management and Crowd Control formations, techniques, chemical agents, and specialty impact munitions under the order and direction of the Pasco Police Department as circumstances develop beyond the capabilities and/or resources of the Pasco Police Department. Exhibit A DOC Agreement No. K13448 Washington State K13448 Page 3 of 7 Department of Corrections 24RAD Secondarily, members of the Department of Corrections may be used in monitoring activities, area searches, traffic control points, and arrestee transports. Outside of an exceptional circumstance, it is understood the members of the Department of Corrections will primarily participate in the functions described above. USE OF FORCE: All members of the Department of Corrections assigned to this operation will be operating under the authority and direction of the Pasco Police Department but will be guided by the Department of Corrections’ Use of Force. Prior to the actual deployment, the Department of Corrections’ Agency Representative/Leader will provide copies of the DOC Use of Force policy to the Incident Commander and provide a briefing as necessary. Members of the Department of Corrections will be limited to : Verbal/Physical Intervention, OC Intervention, and Intermediate Intervention. Members of the Department of Corrections will not be authorized to deploy Deadly Force options and will not be armed with lethal munitions. Members of the Department of Corrections may, in an extreme event, use Deadly Force for self-defense or the defense of another, or where no other reasonable options are immediately available to the officer. The application of force by members of the Department of Corrections should be avoided whenever possible. In all instances where force may be required, members of the Department of Corrections are expected to use a high degree of professionalism, sound judgment, self-restraint, and only the amount of force necessary to stop the threat or conduct the lawful arrest of a suspect, and when no other reasonable alternatives exist. It is understood that all members of the Department of Corrections’ Emergency Response Team participating in this operation are current in the DOC Use of Force qualification standards, which meet or exceed the Pasco Police Department’s standards. RESOURCES PROVIDED: The Department of Corrections agrees to provide the Pasco Police Department with the following:  Initial Request (As needed) o When requested by the Pasco Police Department, an initial ten Emergency Response Team members will be deployed. o The initial ten ERT members will be deployed with one DOC Agency Representative/Leader. o It is anticipated the ERT members will be onsite approximately one hour after notification.  Escalation (As needed) o If the situation escalates, an additional ten ERT members (and one additional leader) are authorized to be deployed at the request of the DOC Agency Representative/Leader. o It is anticipated that the additional ERT members will be onsite approximately two hours after notification. Exhibit A DOC Agreement No. K13448 Washington State K13448 Page 4 of 7 Department of Corrections 24RAD  24 Hour Operations o At the request of the Pasco Police Department, in consultation with the DOC Agency Representative/Leader, the DOC will be able to provide 24-hour operations. o DOC will provide ten ERT members and one DOC Agency Representative/Leader per 12-hour shift. o If, during 24-hour operations, the situation escalates the need for additional ERT members, DOC will be able to provide an additional ten ERT members (and one additional leader). o It is anticipated that the additional ERT members will be onsite approximately two hours after notification.  Total DOC commitment onsite o The DOC agrees to provide to no more than 30 Emergency Response Team members, one DOC Agency Representative/Leader, and one additional leader onsite at any one time during this operation. • Vehicles (per ten-member team) o Two security screened prisoner transport vans/cars o One support vehicle designated for DOC Agency Representative/Leader • Individual Equipment (assigned to Emergency Response Team members) o DOC Photo Identification o Blue BDU deployment uniform with agency identification shoulder patches o Riot Helmet o Ballistic Vest o Protective Mask o Duty Belt o Personal Protective Equipment (elbow/knee pads, shin protectors, etc.) o Wrist Restraints and key o Flex Cuffs and cutter o Expandable and Riot batons o OC canister o Individual snacks / water o 2 - 4 Riot Shields (per ten-member team) • Communications o DOC portable 800 MHz radio on Channel 13 (State Ops 1 - DOC statewide ERT frequency) for internal ERT member and leader communications o DOC mobile (VHF) radio (one per vehicle) on LERN for external DOC / Law Enforcement communications o Pasco Police Department radio (as needed) provided to DOC Agency Representative/Leader Exhibit A DOC Agreement No. K13448 Washington State K13448 Page 5 of 7 Department of Corrections 24RAD • Delivery Systems (per ten-member team) o Four 37mm / 40mm launchers (single or multiple shot) o Two Mark 21 / 46 OC canisters o Shot Guns- Less than lethal munitions • Munitions (per ten-member team) o Mission specific munitions including additional re-supply immediately available • Weapons/Equipment/Munitions (provided to Pasco Police Department) The Pasco Police Department agrees to provide the Department of Corrections with the following: • At least one Pasco Police Department Officer for each ten-member team (more if the team is separated and dispersed to different locations) • At least one meal per 12-hour shift • Facilities for rest and recovery as applicable • Armed protection for team members, delivery systems, munitions, and vehicles • Available potable water • Radio or another communications device (as needed/appropriate) for DOC Agency Representative/ Leader RESPONDING MEMBER PERSONNEL: The Department of Corrections and the Pasco Police Department will, while providing assistance and resources under this agreement, be organized and shall function under the National Incident Management System (NIMS) and the Incident Command System (ICS). Responding members of the Department of Corrections shall remain under the immediate supervision of a DOC Agency Representative/Leader. The Pasco Police Department will provide direction, control, and supervision of DOC members through the DOC Agency Representative/Leader. If the Pasco Police Department fails to provide at least one meal per 12-hour shift for each member of the Department of Corrections, the DOC Agency Representative/Leader is authorized to secure the resources necessary to meet the needs of its members. Unless otherwise provided by law, the members of the Department of Corrections will retain the same privileges, immunities, rights, duties, and benefits as provided in their respective jurisdictions. It is understood the Pasco Police Department holds responsibility for wages and benefits of all responding members of the Department of Corrections participating in this operation. It is understood the Pasco Police Department holds responsibility for vehicles, equipment, and munitions actually used during this operation. Exhibit A DOC Agreement No. K13448 Washington State K13448 Page 6 of 7 Department of Corrections 24RAD It is understood the members of the Department of Corrections can be recalled, at any time, as needed and as directed by Secretary Warner or his designee. COST REIMBURSEMENT: Unless otherwise mutually agreed in whole or in part, the Pasco Police Department shall reimburse the Department of Corrections for each of the following categories of costs incurred while providing resources and assistance during the specified Period of Assistance. Personnel: The Department of Corrections shall be reimbursed for actual work completed by its members during the specified Period of Assistance. The DOC Agency Representative/Leader must keep accurate records of actual work performed by members during the specified Period of Assistance. The request for reimbursement will consider all personnel costs, including stand-by, salaries or hourly wages, costs for fringe benefits, and any indirect costs such as overtime and mandatory relief. At a minimum, this is estimated at a maximum of $1,060.65 for Lieutenants or $958.24 for Correctional Officers/Sergeants for each individual per 12-hour shift (assuming 100% overtime). Vehicles: The Department of Corrections shall be reimbursed for the costs associated with using vehicles during the specified Period of Assistance. The DOC Agency Representative/Leader must keep accurate records of actual vehicle mileage for this operation. Department shall be reimbursed for mileage at the then current privately owned vehicle mileage reimbursement rate, as set forth by the Office of Financial Management (OFM) per diem rate tables: https://ofm.wa.gov/accounting/administrative-accounting-resources/travel/diem-rate-tables The privately owned vehicle mileage reimbursement rate is $0.67 per mile, as of January 1, 2024. Munitions: The Department of Corrections shall be reimbursed for the use of chemical agents and/or munitions deployed during the specified Period of Assistance. Chemical agents and munitions will be reimbursed at actual replacement costs. The Department of Corrections will not charge the Pasco Police Department for chemical agents and/or munitions that are returned to the Department of Corrections in an unused, damage-free condition. The Department of Corrections will be reimbursed at actual replacement costs for chemical agents and/or munitions that are not returned or damaged. Food: If the Pasco Police Department fails to provide at least one meal per 12-hour shift for each member of the Department of Corrections performing actually work during this Period of Assistance, the DOC will be reimbursed for the costs to provide a meal to each of its members. The DOC Agency Representative/Leader must keep accurate records of any meals purchased for members during the specified Period of Assistance. Exhibit A DOC Agreement No. K13448 Washington State K13448 Page 7 of 7 Department of Corrections 24RAD Department shall be reimbursed for meals at the then current meal rates, as set forth by the Office of Financial Management (OFM) per diem rate tables: https://ofm.wa.gov/accounting/administrative-accounting-resources/travel/diem-rate-tables As of January 1, 2024, the meal rates associated with Pasco are $17 for breakfast, $19 for lunch, and $33 for dinner. Payment: The Department of Corrections must provide an itemized bill to the Pasco Police Department for expenses it incurred as a result of providing assistance under this agreement. The Department of Corrections must send the itemized bill no later than thirty (30) days following the end of the Period of Assistance. The Pasco Police Department must pay the bill in full on or before the sixtieth (60th) day following the end of the Period of Assistance. MODIFICATION: No provision of this agreement may be modified, altered, or rescinded by individual parties to the agreement without both parties agreeing, in writing, to the modifications. This contract shall not be construed against the drafter of any provision of this contract. AGREED: Now, therefore, in consideration of the Pasco Police Department’s request, the Department of Corrections agrees to provide the necessary resources requested in this Mutual Aid Agreement during this Period of Assistance. The Pasco Police Department agrees to the obligations set forth in this Mutual Aid Agreement during this Period of Assistance. PASCO POLICE DEPARTMENT DEPARTMENT OF CORRECTIONS (Signature) (Signature) Daryl Huntsinger (Printed Name) (Printed Name) Contracts Administrator (Title) (Title) (Date) (Date) We will only provide teams if available due to budget completion and staff availability.