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HomeMy WebLinkAboutBenton Co Tri-City Regional SWAT Contract with Connell - RecordedRESOLUTION � 614 572 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 CONNELL WHEREAS, per Resolution 2012 -223 dated April 17, 2012 the Benton County Commissioners approved the amended and restated Interlocal Agreement with the municipalities of Kennewick, Pasco, and Richland to continue a jointly maintained and operated Benton County/Tri- Cities Regional Special Weapons and Tactics Team, herein after called "TCRST", in order to respond to serious criminal occurrences if necessary; and WHEREAS, the City of Connell does not participate in the TCRST, but desires to have the SWAT team available to respond to serious criminal occurrences if necessary; and WHEREAS, TCRST and the City of Connell have drafted an Interlocal Agreement for services with an annual fee of $1,000 to be paid to Benton County each year 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 $500 for each additional request thereafter for SWAT team assistance; 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 Benton County Sheriff has reviewed and recommends entering into an Interlocal Agreement with the City of Connell for said services; NOW, THEREFORE BE IT RESOLVED, the Board of Benton County Commissioners, Benton County, Washington hereby concurs with the Sheriff's recommendation and approves the attached Interlocal Agreement for SWAT services between Benton County /Tri -City Regional Special Weapons and Tactics Team and the City of Connell for an annual fee of $1,000 to be paid to Benton County each year for the ability to request the SWAT Team's assistance twice per calendar year and $500 for each additional request thereafter for SWAT team assistance; and BE IT FURTHER RESOLVED, the Board authorizes the Chairman of the Board to sign the attached Interlocal Agreement between Benton County/Tri -City Regional Special Weapons and Tactics Team and the City of Connell; and BE IT FURTHER RESOLVED, the Interlocal Agreement is effective January 1, 2014 through December 31, 2014 and shall automatically extend for consecutive one (1) year terms, unless earlier terminated pursuant to the terms of the agreement. Orig: Sheriffs Office Auditor; R. Ozuna; City of Connell; City of Pasco; City of Richland; City of Kennewick; L. Small Dated this. ". ►. day of . du � . ...... 20 4 Attest:........... Clerk of the Board JAMES Chai na of the Board IV Chai Pro -Tem Member Constituting the Board of County Commissioners of Benton County, Washington Orig: Sheriffs Office ,Auditor, R. Ozuna; City of Connell; City of Pasco; City of Richland; City cif Kennewick; L. Small 2014 - 019079 AGR 08/04/2014 02.10.37 PM Pages: 7 Fee: $78.00 Benton County Sheriff Benton County, Benton County Auditor's Office ■III RIP- 10111111*111 .iUNWIN I, CAR 14 11111 Return Name and Address: Benton County Sheriffs Office 7122 W. Okanogan Place, Bldg. B Kennewick, WA 99336 PLEASE PRINT OR TYPE INFORMATION: Document Title(s)(or transactions contained therein): 1. INTERLOCAL AGREEMENT — BENTON COUNTY/TRI- CITIES REGIONAL SPECIAL WEAPONS AND TACTICS TEAM TO NON - PARTICIPATION JURISDICTION Grantor(s) (Last name first, first name, middle initials): 1. BENTON COUNTY 2. BENTON COUNTY SHERIFF 3. CITY OF PASCO 4. CITY OF RICHLAND 5. CITY OF KENNEWICK Additional names on page of document. Grantee(s)(Last name first, first name, middle initials): 1. CITY OF CONNELL Additional names on page of document. Legal description (abbreviated: i.e., lot, block, plat or section, township, range, qtr. /qtr.) N/A Additional legal is on page of document. Reference Number(s) of documents assigned or released: Additional numbers on page of document. Assessor's Property Tax Parcel /Account Number: N/A 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. FILED FOR RECORD AT REQUEST OF: Benton County, Washington City of Pasco, Washington WHEN RECORDED RETURN TO: Benton County PO Box 190 CARMK WA 99350 ?ice -.,str City of Pasco 525 N. Third Pasco, WA 99301 City of Connell 104 E_ Adams St. City of Richland PO Box 190, MS -05 Connell, WA 99326 Richland, WA 99352 INTERLOCAL AGREEMENT FOR SERVICES OF BENTON COUNTY/TRI- CITIES REGIONAL SPECIAL WEAPONS AND TACTICS TEAM TO NON- PARTICIPATING JURISDICTION THIS INTERLOCAL AGREEMENT is effective January 1, 2014. 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 Connell, 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 Connell 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 interlocal agreement to organize and operate the SWAT team and may agree to allow the SWAT team to assist the City of Connell 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 Connell. Interlocal Agreement Tri -City Regional Special Weapons and Tactics Team - 1 4. DURATION AND TERMINATION. The term of this Agreement shall be effective through December 31, 2014. This Agreement shall automatically extend for consecutive one (1)year terms, unless earlier terminated pursuant to the terms of this Agreement. Any parry 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 below for 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 Connell, or any Connell 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 Connell shall notify a SWAT Incident Commander of the identity of a command level officer for the City of Connell who shall act as the Overall Incident Commander. The Overall Incident Commander for the City of Connell 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 suspects 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 Connell 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 Connell, 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. 8. COMPENSATION.The City of Connell agrees to pay $1000.00 within thirty (30) days of execution of this Agreement by all parties, and by each January 31st thereafter as long as this Agreement is in effect in return for the ability to request the SWAT Team's assistance twice per calendaryear at times when the SWAT team is not otherwise Interlocal Agreement Tri -City Regional Special Weapons and Tactics Team - 2 deployed. Connell agrees to pay $500.00 for each additional instance that a request for SWAT team assistance to Connell 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 CONNELL. The City of Connell 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 Connell shall be the responsibility of the City of Connell. 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, Connell 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 Connell 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 out 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 Connell. 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. 10. LIABILITY INSURANCE. The City of Connell agrees during the term of this Agreement and for threeyears 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 Interlocal Agreement Tri -City Regional Special Weapons and Tactics Team - 3 $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 7.04A, 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 to sign this Agreement on behalf of the party, and the party agrees to the terms of this Agreement. 15. CONTRACT REPRESENTATIVES. Each parry 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 Connell: Chief Chris Turner or his successor 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. Interlocal Agreement Tri -City Regional Special Weapons and Tactics Team - 4 oFP Date: Bob Metzger, Chief Police Date: City Manager 5z STrerE�gc.� ALriird� A est: Approved as to Form: By: Leland B. Kerr, City Attorney CITY LA / Date: Chriilkinper, Chief of Police Date: (0 1:3(1 1 Cin y son, City Manager Attest: Approved as to Form: c,c� ik4P41 ') By: tyAttornevy CITY OF CO ELLS �1 Date: ris Turner, Chief of Police Date: Bruce Blackwell, Mayor Attest Interlocal Agreement Tri -City Regional Special Weapons and Tactics Team - 6 App Al asro F rm: By: Dan H ltgrenn, City Attorney BENTON COUNTY /« Date: 'I'K . "J�k' Steve Keane, Sheriff '�k Date: Chairman o rd of Commissioners Attest: Approved as to Form: By: yan Brown, Chief DPA (Civil) CITY OF KENNEWICK Date: oS IoS Ken Hohenberg, Chief of -1la I Marie Mosley, City Attes A. '/'A) l 1 C eO k- Interlocal Agreement Tri -City Regional Special Weapons and Tactics Team - S Approved as to Form: F' B • Li a Beato City A rney