HomeMy WebLinkAboutBenton Co Tri-City Regional Swat Team with Prosser 2013-020930 AGR
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Benton County Sheriffs Office
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Return Name and Address:
Benton County Sheriffs Office
Attn:Julie Thompson
7122 W Okanogan Pl,Bldg B
Kennewick, WA 99336
PLEASE PRINT OR TYPE INFORMATION:
Document Title:
Interlocal Agreement
Grantor(sXLast name first, first name, middle initials):
1. Benton County/Tri-City Regional Swat Team
2.
3.
4.
Additional names on page of document.
Grantee(sXLast name first, first name, middle initials):
1. City of Prosser
2. •
3.
4.
Additional names on page of document.
Legal description(abbreviated: i.e., lot, block, plat or section,township, range, qtr./qtr.)
Additional legal is on page of document.
Reference Number(s)of documents assigned or released:
Resolution#2013-402
Additional numbers on page of document.
Assessor's Property Tax Parcel/Account Number: (MUST HAVE 15 DIGITS)
Property Tax Parcel ID is not yet aligned.
Additional parcel numbers on page of document.
The Auditor/Recorder will rely on the information provided on the form. The staff will not read
the document to verify the accuracy or completeness of the indexing information.
•
RESOLUTION 2013 402
BEFORE THE BOARD OF COMMISSIONERS OF BENTON COUNTY,WASHINGTON
IN THE MATTER OF AUTHORIZING THE CHAIRMAN OF THE BOARD TO SIGN AN
INTERLOCAL AGREEMENT FOR SERVICES BETWEEN THE BENTON COUNTY/TRI-CITY
REGIONAL SWAT TEAM AND THE CITY OF PROSSER
WHEREAS, per Resolution 2012 223, dated April 12, 2012 the Benton County/Tri-City Regional
SWAT Team, hereinafter called "TCRST" wishes to provide services to the Franklin County Sheriffs
Office in order to respond to serious criminal occurrences if necessary.
WHEREAS, TCRST and the City of Prosser Office have drafted an Interlocal Agreement for
Services; and
WHEREAS,the City of Prosser agrees to pay$1,000 each year for this service; and.
WHEREAS, this revenue will be placed into a special revenue code that will be administered by the
Sheriffs Office to provide necessary equipment for TCRST; and
WHEREAS, the Sheriff has reviewed and recommends entering into an Interlocal Agreement for
Services; NOW, THEREFORE,
BE IT RESOLVED, the Board of Benton County Commissioners, Benton County, Washington
hereby concurs with the Sheriffs recommendation and approves the attached Interlocal Agreement
for Services between Benton County/Tri-City Regional SWAT Team and the City of Prosser; and
BE IT FURTHER RESOLVED, the Board authorizes the Chairman of the Board to sign the attached
Interlocal Agreement for Services; and
BE IT FURTHER RESOLVED, the Interlocal Agreement is effective January 1, 2013 through
December 31, 2013 and shall automatically extend for consecutive one (1) year terms, unless earlier
terminated pursuant to the terms of the agreement.
Dated this c/ day of 2013.
Chairman of the Board
\ \ 4
Member
Member
Constituting the Board of Commissioners
of Benton County,Washington
Attest: .(;?
Clerk of the Board
Originals—Sheriff's Office, J.Thompson
Cc: Auditor,R Ozuna,City of Prosser
FILED FOR RECORD AT REQUEST OF:
Benton County,Washington
City of Pasco,Washington
WHEN RECORDED RETURN TO:
Benton County City of Richland -
PO Box 190 Po Box 190,MS-05
Richland,WA 99352
Prosser,WA 99350
City of Pasco
525 N.Third
Pasco,WA 99301
City of Prosser
12.27 SW Bennett Avenue
. Prosser,WA 99350
INTERLOCAL AGREEMENT FOR SERVICES OF
BENTON COUNTY/FRI-CITIES REGIONAL SPECIAL WEAPONS AND TACTICS TEAM TO NON-
PARTICIPATING JURISDICTION
THIS INTERLOCAL AGREEMENT is effective January 1,2013. In consideration of the mutual covenants below,the
parties agree as follow:
1. PARTIES. The parties to this Agreement are Benton County,a political subdivision of the State of
Washington,and the municipalities of Kennewick,Pasco,Richland and Prosser,each of which is a municipal
corporation operating under the laws of the State of Washington.
2, AUTHORITY. This Agreement is entered into pursuant to Chapters 10.93(Washington mutual aid peace
officers powers act)and 39.34(interlocal Cooperation Act)of the Revised Code of Washington.
3. PURPOSE. The City of Prosser does not participate in the Benton County/Tri-Cities Regional Special,
Weapons and Tactics(SWAT)Team,but desires to have the SWAT team available to respond to serious criminal
occurrences if necessary. Benton County and the cities of Kennewick,Richland and Pasco,have previously
executed an i nterlocal agreement to organize and operate the SWAT team and may agree to allow the SWAT team
Interlocal Agreement
Tri-City Regional Special Weapons and Tactics Team -1
to assist the City of Prosser under certain circumstances. This Agreement is intended to reflect the applicable terms
and conditions between the parties if the SWAT team's services are provided to the City of Prosser.
4. DURATION AND TERMINATION. The term of this Agreement shall be effective through December 31,
2013. This Agreement shall automatically extend for consecutive one(1)year terms,unless earlier terminated
pursuant to the terms of this Agreement.
Any party to this Agreement may terminate this Agreement by providing written notice of its intent to terminate to
all other parties.A notice of termination shall become effective thirty(30)days after service of the notice on the
contract representatives set forth belowfor all other participating members.
In the event that a participating agency does not generally and consistently comply with the commitments outlined in
this Agreement,the issue will be presented to the Chiefs and Sheriff for final resolution. Remedies may include
establishing a timeline for compliance,a temporary reduction in involvement for a prescribed period of time,or
termination of the Agreement.
S. REQUEST FOR ASSISTANCE. The Chief of Police for the City of Prosser,or any Prosser officer indicating
he or she has authorization from the Chief,may request the assistance and services of the Benton County/Tri-Cities
Regional SWAT team. The SWAT Incident Commander shall refer to the Call-Out Criteria in the SWAT team's
Operational Guidelines Manual to determine whether it is appropriate to provide the services of the SWAT team. If
the SWAT team is not otherwise engaged and the Call-Out Criteria indicate the circumstances are appropriate for
utilization of the SWAT team,the request for assistance shall be approved by the SWAT Incident Commander.
6. CHAIN OF COMMAND. If the request for assistance and services is granted,the City of Prosser shall
notify a SWAT Incident Commander of the identity of a command level officer for the City of Prosser who shall act
as the Overall Incident Commander. The Overall Incident Commander for the City of Prosser shall assume overall
command and responsibility for the Incident. The Overall Incident Commander shall establish a command post
outside the inner perimeter away from the suspect's line of sight and fire.The Overall Incident Commander shall
consult with the SWAT Tactical Commander and evaluate the tactical options presented by the SWAT Tactical
Commander. Once the Overall Incident Commander has authorized a tactical plan to accomplish the mission,the
SWAT Tactical Commander assumes command with respect to the implementation of the plan. If the Overall
Incident Commander and SWAT Tactical Commander cannot agree on a tactical plan,the SWAT team may leave the
scene. In such case,the City of Prosser shall then handle the situation with its own resources.
7. SWAT TEAM OPERATIONS. If the SWAT Team's services are provided to the City of Prosser,the team
will generally operate in accordance with the Operational Guidelines Manual for the Benton County/Tri-Cities
Regional SWAT Team,with any modifications deemed appropriate by the SWAT Tactical Commander for the
circumstances.
Interlocal Agreement
Tri-City Regional Special Weapons and Tactics Team -2
•
•
S. COMPENSATION.The City of Prosser agrees to pay$1000.00 by January 31,2013,and by each January 31s
thereafter as long as this Agreement is in effect in return for the ability to request the SWAT Teams assistance twice per
calendar year at times when the SWAT team is not otherwise deployed. Prosser agrees to pay$500.00 for each
additional instance that a request for SWAT team assistance to Prosser is approved during a calendaryear.All payments
made under this section shall be paid to the Benton County Sheriff.Such funds shall be deposited into a fund dedicated
to the purchase of supplies for the SWAT team.
9. ACCEPTANCE OF LIABILITY BY THE CITY OF PROSSER.The City of Prosser agrees that any liability or
claim arising out of the actions or inactions of the members of the SWAT team acting within the course and scope of
their duties when the SWAT team provides services at the request of the City of Prosser shall be the responsibility of
the City of Prosser.This provision is intended to expressly allocate liability by written agreement as authorized by
RCW 10.93.040 and is controlling over the default liability allocation set forth in RCW 10.93.040 and over any
agreement to the contrary set forth in a general mutual aid agreement executed by any of the parties,included but
not limited to the Consent Agreement For Mutual Aid Peace Officer Powers executed by the parties and other third
parties in 2007 or in the future. This provision is not intended to require indemnification or payment of any
judgment against any individual or party for intentional wrongful conduct outside the scope of employment of any
member of the SWAT team or of any judgment for punitive damages against a SWAT team member or party to this
Agreement. Payment of punitive damages,if any,shall be the sole responsibility of the individual against whom
said judgment is rendered and/or his or her employer if that employer elects to make said payment voluntarily.
In furtherance of the above provision,Prosser agrees to hold harmless and indemnify and defend the other parties
to this Agreement and their officers,officials and employees from any loss,claim or liability arising from or out of
any alleged or actual negligent tortuous actions or inactions of the SWAT team,its members and supervisors,that
may occur or allegedly occur while Prosser receives the assistance of SWAT within its jurisdiction.
In the event that a claim or lawsuit is brought against a party or its employee(s)for actions arising out of their
conduct in the operation of the SWAT team,such party shall promptly notify the other parties that said claim or
lawsuit has been filed or commenced.
The parties to this Agreement and their respective legal counsel shall,to the extent reasonably possible and
consistent with the best interests of their respective clients,cooperate with the defense of any lawsuit arising our of
the operations of the SWAT team;provided this cooperation does not require the parties to share any out of pocket
litigation costs. Said costs will be the responsibility of the City of Prosser.
Upon request by another party,each party shall disclose to the other parties the terms of their respective liability
insurance policies to allow for coordination of coverage. The consent of any liability insurance carrier or self.
insured pool or organization is not required to make this Agreement effective between the parties,and the failure of
any insurance carrier or self-insured pooling organization to agree to follow the terms of this Agreement on liability
allocation shall not relieve any party from its obligations under this agreement.
Interlocal Agreement
Tri-City Regional Special Weapons and Tactics Team -3
10. LIABILITY INSURANCE.The City of Prosser agrees during the term of this Agreement and for three years
after its expiration or termination to maintain commercial general liability insurance(policy form CG0001 or
equivalent)for wrongful death,bodily injury,personal injury and property damage,with minimum limits of
$3,000,000 general aggregate and$3,000,000 per occurrence.
11. PRIOR AGREEMENTS. The parties agree that this Agreement supercedes any and all prior written or
verbal agreements between any or all of the parties pertaining to a regional SWAT team,and that any such prior
agreements are null and void as of the full execution of this Agreement,including but not limited to the MOU
signed by some of the parties to this Agreement on this topic in April and May of 2002.
12. INTERLOCAL COOPERATION ACT PROVISIONS. No special budget or funds are anticipated,nor shall
be created. It is not intended that a separate legal entity be established to conduct this cooperative undertaking,nor
is the acquiring,holding,or disposing of real or personal property other than as specifically provided within the
terms of this Agreement.The Benton County Sheriff shall be designated as the Administrator of this Interlocal
Agreement.
This Agreement shall be filed with the Benton and Franklin County Auditors,or alternatively listed by subject on the
parties'websites or other electronically retrievable public sources.
13. DISPUTE RESOLUTION. For the purpose of this Agreement,time is of the essence. Should any dispute
arise concerning-the enforcement,breach or interpretation of this Agreement,the parties shall first meet in a good
faith attempt to resolve the dispute. In the event the dispute is not resolved,it shall be resolved by binding
arbitration pursuant to RCW 7.04-A,as amended,and the Mandatory Rules of Arbitration(MAR);and venue shall be
placed in Benton County,Washington and the laws of the State of Washington shall apply.
14. MUNICIPAL AUTHORIZATIONS. By signing below,the signor certifies that he or she has the authority
CO sign this Agreement on behalf of the party,and the parry agrees to the terms of this Agreement.
15. CONTRACT REPRESENTATIVES. Each party shall have a contract representative. Each party may
change its representative upon providing written notice to the other party. The parties'representatives are as
follows:
Benton County: Sheriff Steve Keane or his successor
City of Kennewick: Chief Ken Hohenberg or his successor
City of Richland: Chief Chris Skinner or his successor
City of Pasco: Chief Bob Metzger or his successor
The City of Prosser. Interim Chief john Markus or his successor
Interlocal Agreement
Tri-City Regional Special Weapons and Tactics Team -4
16. ENTIRE AGREEMENT. The parties agree that this Agreement is the complete expression of its terms
and conditions.Any oral or written representations or understandings not incorporated in this Agreement are
specifically excluded.
BENTON COUNTY
Dace: ///3'24/
Steve Keane,Sheriff
Date: 5/ /j0/3
Chairman of Board of Commissioners
Attest Approved%as to Form:
r2,,,,/
By:'Ptyan Brown,Chief DPA(Civil)
CITY OF KENNEWICK
Date: C' °S / 1
Ken Hohenberg,Chief of o ice 111
t ` -a- �. (.. _Date: -:-1-/-6) 1 3
Marie Mosley,City Manager (, t
Attest: Approved as to Form:
By:Lisa Beaton,City Attorney
Interlocal Agreement
Tri-City Regional Special Weapons and Tactics Team -5
OFPASCO
rDate: S \-\3
, ....Bob etzg:r,Ch.-f of ifk-
Date:
Nioniai
Gary Vrutc - .,Ci ""A •er
Attest: Approved as to Form:
By:Leland B.Kerr,City Attorney
C/ OF` 1ItAN¢-� ( i
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Date:
C 5�i�ii er,Chief of Police
P f
L, aLti/t/ .. Dated 7 d I I
Cindy Jot nson,City Manager
Attest: Approved as to Form:
_//■- %'-7/'-'( - " 'j----it-'2 .14.Z.-:‘,,----cz,::‘, „,/1 ....r...,L.,----',Ai.,-/ ,..,---
)/, 7 By:Thomas Lampson,City Attorney
CITY OF PROSSER
Date:
john Markus,Interim Chief of Police
A-4—e 61.1) L 6 1. Date: J f �,i —'�
a-
Paul Warden,Mayor
A es '' Approved as to Form: `,
(_. � _J%
By.Howard Saxton,CityAttomey
Interlocal Agreement
Tri-City Regional Special Weapons and Tactics Team -6
.
RESOLUTION NO. 18-13
A RESOLUTION OF THE CITY OF RICHLAND
authorizing the execution of an Interlocal Agreement with
Benton County/Tri-Cities Regional Special Weapons and
Tactics (SWAT) Team and the City of Prosser.
WHEREAS, the Benton County/Tri-Cities Regional Special Weapons and Tactics
(SWAT) Team is governed by an Interlocal Agreement and consists of members from the
Richland, Kennewick, and Pasco Police Departments and the Benton County Sheriff's
Office; and
WHEREAS, each participating agency contributes personnel and financial assets to
maintain the unit; and
WHEREAS, this Agreement provides for recovery of any associated costs in the
event that the team is requested to respond to the primary jurisdiction covered by the City
of Richland Police Department, a non-participating agency; and
WHEREAS, the City of Prosser agrees to pay $1,000 in return for the ability to
request the SWAT Team's assistance twice per calendar year at times when the SWAT
Team is not otherwise deployed; and
WHEREAS, the City of Prosser agrees to pay $500 for each additional instance
that a request for SWAT team assistance to Prosser is approved during a calendar year;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Richland authorizes the City Manager to sign and execute the Interlocal Agreement with
Benton County i ri-Cities Regional Special Weapons and Tactics (SWAT) Team and the
City of Prosser.
BE IT FURTHER RESOLVED that this resolution shall take effect immediately.
ADOPTED by the City Council of the City of Richland at a regular meeting on the
5 day of March 2013. .� r ''Y
JOHN FOX
L".Mayor
ATTEST: APPROVED AS TO FORM:
�7� , k_2A'I
MARCIA HOP KIN / THOMAS W LAMP ON
City Clerk City Attorney
Adopted 3/5/2013 1 Resolution No. 18-13
i
CITY OF PROSSER, WASHINGTON
RESOLUTION NO 12-1406
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PROSSER
APPROVING AN INTERLOCAL AGREEMENT WITH BENTON
COUNTY/TRI-CITIES REGIONAL SPECIAL WEAPONS AND TACTICS
(SWAT) TEAM GIVING THE CITY OF PROSSER THE ABILITY TO HAVE
THE SWAT TEAM AVAILABLE TO RESPOND TO SERIOUS CRIMINAL
OCCURRENCES IF NECESSARY.
WHEREAS, The Regional SWAT team was formed as jointly maintained and operated multi-
jurisdictional Special Weapons and Tactics Team (SWAT) to effectively respond to serious criminal
occurrences within the respective jurisdictions;and,
WHEREAS, The City of Prosser does not participate in the Benton Count/Tri-cities Regional
Special Weapons and Tactics (SWAT) Team, but desires to have the SWAT Team available to respond
to serious criminal occurrences if necessary; and,
WHEREAS, Benton County and the cities of Kennewick, Richland and Pasco, have previously
executed an interlocal agreement to organize and operate the SWAT Team and may agree to allow the
SWAT Team to assist the City of Prosser under certain circumstances.
NOW THEREFORE,BE IT RESOLVED,by the City Council of the City of Prosser that:
The City of Prosser, as a non participating agency, approves the Interlocal Agreement for
Services of Benton County/Tri-cities Regional Special Weapons and Tactics Team to Non-Participating
Jurisdiction, a copy of which is attached to this Resolution, and that the Mayor is authorized to execute
the Agreement on behalf of the City.
ADOPTED by the City Council of the City of Prosser and APPROVED by the Mayor of the
City of Prosser this< r" day of November, 2012.
.61---<-)Cv—,4,4--2-1----d-e"-----
@t oea �®�""t•oh Mayor, Paul Warden
ATTEST: ,e. , 0,-' " ,s'��,�
Y
City clerk,Rachel Shaw 1.one; ,mac,' .;�
X1. ......:.,,,v,./k."4.
APPROVED AS TO FORM: a0 Ep as � eos%
City Attorney, Howard Saxton
ff
ATTACHMENT "A"
Description
Interlocal Agreement for Services of Benton County/Tri-Cities Regional Special Weapons and Tactics
Team to Non-Participating Jurisdiction