HomeMy WebLinkAboutAgreements/Contracts - Sheriff & JailK22-049049 �+n n n���'rl
DRAFT: 1/11/2022 � 3�i,/7L
INTERLOCAL AGREEMENT
MOSES LAKE REGIONAL TACTICAL RESPONSE
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I. PARTIES
This Agreement is made and entered into in the State of Washington pursuant to the
provisions of Chapter 39.34 of the Revised Code of Washington by and among the
participating jurisdictions listed Section XV of this Agreement. The participating jurisdictions
are sometimes individually referred to as "Member" or "party", or collectively as "Members"
or "parties."
II. AUTHORITY
This Agreement is entered into pursuant to Chapters 10.93 and 39.34 of the Revised Code
of Washington.
III. PURPOSE
The parties hereto desire to establish and maintain a multi jurisdictional Special Weapons
and Tactics ("SWAT') Team to effectively respond to high-risk criminal incidents.
IV. FORMATION
There is hereby created a multi jurisdictional SWAT Team to be hereafter known as the
"Moses Lake Regional Tactical Response Team" ("TRT'); the Members of which shall
consist of participating jurisdictions are listed Section XV of this Agreement. The TRT has
been in existence for more than 20 years, and this Agreement is being entered to formalize
the relationship of the Members and procedures for the TRT. The future admission of a
jurisdiction as a Member of the TRT may be accomplished by an addendum to this
Agreement. The addendum must comply with Section XVII of this Agreement and the newly
admitted Member must agree to be bound to and comply with all the terms and conditions
of this Agreement, and the addendum must be posted or recorded as provided in Section
VII(A) of this Agreement.
V. STATEMENT OF THE ISSUE,
The municipalities within the Grant and Adams County areas have experienced increasingly
violent criminal confrontations due to, among other reasons, increased gang activity;
increased drug abuse, distribution and manufacturing; increased urbanization; and
increased population densities. There are also requests for high-risk warrant service, high
risk vehicle stops, security and surveillance in unique situations from local, state and federal
law enforcement agencies outside of the area who are investigating crimes within Grant and
Adams Counties, that due to their nature, should be conducted by the TRT. The ability to
safely control, contain, and resolve high risk criminal incidents such as civil disobedience,
barricaded subjects, hostage situations, gang member arrests, high risk felony arrests, and
narcotic or high-risk search warrants has strained the resources of the Members.
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Law enforcement efforts directed at dealing with these high risks criminal incidents have for
the most part, been conducted by law enforcement agencies working independently. A multi -
jurisdictional effort to handle specific high risk criminal incidents, as well as incidents
involving weapons of mass destruction, results in more effective pooling of personnel,
improved utilization of municipal and county funds, reduced duplication of equipment,
improved training, development of specialized expertise, and increased utilization or
application of combined special responseteam. This results in improved services for the
citizens of all the Members, increased safety for officers and the community, and improved
cost effectiveness.
VI. TRT OBJECTIVES
The TRT shall service each Member's jurisdiction and may also be available to outside law
enforcement agencies as provided by Chapter 10.93 of the Revised Code of Washington.
The objective of the TRT is to respond to specific high risk criminal incidents in a manner
that provides for the effective use of personnel, equipment, funds, and training. The TRT
may respond as requested by any, local, state, or federal law enforcement agency and
provide a coordinated response to high-risk criminal incidents. As special needs arise, it may
be necessary to request from other law enforcement agencies assistance and/or personnel,
at the discretion of the TRT Incident Commander and/or the TRT Tactical Commander.
VII. EFFECTIVE DATE, DURATION AND TERMINATION
A. Effective Date and Duration
The effective date of this Agreement shall be the date that all Members have signed the
Agreement; provided that pursuant to RCW 39.34.040, this Agreement shall be posted
and listed by subject on each Member's web site prior to the Agreement becoming
effective; or in the alternative to posting the Agreement may be recorded with the county
auditors for each county where a Member is located. The initial term of this Agreement
shall run through December 31, 2022. This Agreement shall automatically extend for
consecutive one (1) year terms from January 1 St to December 31 St without action of the
legislative bodies of the Members, unless and until terminated pursuant to the terms of
this Agreement.
B. Voluntary Termination of Participation by a Member
A Member may terminate its participation in the TRT by providing written notice of its
desire to terminate and serving such notice upon the TRT Administrative Board. A notice
to terminate participation from the TRT shall become effective thirty days after service of
the notice on the TRT Administrative Board unless a later effective termination date is
stated in the notice.
In the event that a M e m b e r terminates their participation in the Agreement, but
the Agreement continues to exist, then the terminating Member shall be deemed to
have waived any right or title to any property owned by the TRT or to any joint funds
maintained by the TRT, and shall not be entitled to share in any proceeds at the time
of dissolution of the TRT.
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C. Default
If any Member fails to perform any act or obligation required to be performed by it
under this Agreement, that the Member or Members to whom such performance was
due shall deliver written notice of default to the non-performing Member, which must
include a description of the default. The nonperforming Member shall have thirty
days after receipt of the notice to cure the default. If the default is not of the type
that could reasonably be cured within in thirty days, then the non-performing Member
shall not be in default if it commences the cure within the thirty day period, and
thereafter diligently pursues the cure to completion.
If the non-performing Member does not timely cure the default, then the TRT
Administrative Board shall have the power and authority to terminate the non-
performing Member's participation in this Agreement.
VIII. GOVERNANCE
A. Parent Agency
The initial "Parent Agency" shall be the Moses Lake Police Department ("MLPD").
The Parent Agency shall have administrative responsibility for the TRT and shall
maintain the TRT records. The Parent Agency will bring information such as goals,
expenses from non -common funds, procedures and team activity summary to the
TRT Administrative Board as information only on at least a yearly basis. In the event
that MLPD wishes to terminate its designation as the Parent Agency then MLPD shall
notify all Members in writing at least thirty days in advance of their intent to terminate
as the Parent Agency. The TRT Administrative Board shall immediately hold a
meeting to choose a new Parent Agency. If the new Parent Agency declines to serve,
or if no new Parent Agency is chosen, then MLPD shall continue to serve as the
Parent Agency until a new Parent Agency is chosen and accepts such administrative
responsibility.
B. TRT Administrative Board
1. The TRT created pursuant to this Agreement shall have oversight from a TRT
Administrative Board. The TRT Administrative Board shall be comprised of the
chief law enforcement officer of each Member or their designee.
2. The chief law enforcement officer of the Parent Agency or their designee shall
serve as the chair of the TRT Administrative Board. The TRT Administrative
Board shall meet no less than quarterly each year. The quarters are designated
as follows:
a. First Quarter: January — March;
b. Second Quarter: April — June;
c. Third Quarter: July — September; and
d. Fourth Quarter: October — December.
Additional meetings may be called by the chair or upon the request from any
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Member to the chair.
3. In matters submitted to the TRT Administrative Board for a vote, each Member
will have one vote. In the event of a tie vote, the Parent Agency shall have the
ability to cast an additional tie -breaking vote.
4. The TRT Administrative Board shall adopt rules, policies and/or procedures for its
meetings.
5. The TRT Administrative Board shall adopt a Standard Operating Procedure
("SOP") for the TRT.
6. No action may be taken by the TRT Administrative Board unless it is done at a
meeting where a quorum is present, and notice of the meeting was provided to
the Members at least three business days prior to the meeting date except in the
case of emergency. Any action of the TRT Administrative Board shall be by a
simple majority of the Members at the meeting. For purposes of this subsection,
"emergency" means unforeseen circumstances beyond the control of the
Members that either: (a) Present a real, immediate threat to the proper
performance of essential functions of the TRT; or (b) Will likely result in material
loss or damage to property, bodily injury, or loss of life if immediate action is not
taken.
6. The TRT Administrative Board has the authority to add a new participating
jurisdiction as a Member; provided that any new Member signs an
acknowledgment that the new Member will be bound to and will comply with the
terms of this Agreement.
7. The TRT Administrative Board will have oversight over annual expenses from
common project funds of any new program that adds cost or commitment from
Members and is related to this Agreement. Any common project funds shall be
held and maintained by the Parent Agency in a designated fund for the TRT. The
Parent Agency shall be responsible for determining the proper allocation between
the Members of any shared costs/expenses associated with the TRT.
C. TRT Incident Commander
1. Members may designate a ranking officer from their respective agency as a TRT
Incident Commander. A TRT Incident Commander must have attended the
National Tactical Officers Association ("NTOK) SWAT Command Decision
Making and Leadership Training, or an equivalent training, and train annually with
the TRT in scenario -based training. Each Member will strive to have at least one
ranking officer from its agency designated as a TRT Incident Commander. If the
assigned ranking officer fails to meet the training requirements, then that Member
shall remove the officer as a designated TRT Incident Commander.
2. At least one TRT Incident Commander will respond to TRT callouts to assist the
host agency. If more than one TRT Incident Commander responds, then the TRT
Incident Commander for that incident will be designated as stated in Section X of
this Agreement. Optimally, the TRT Incident Commander will be responsible for
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the entire incident with the assistance of the host agency's ranking officer on
scene.
3. If a TRT Incident Commander is not available, then the chief law enforcement
officer of the host agency shall designate a ranking officer from that or another
law enforcement agency that may fill the role of TRT Incident Commander,
provided that the ranking officer is in communication with the host agency's
ranking officer on scene throughout the incident.
4. For purposes of this Section VIII:
a. A "host agency" means the law enforcement agency who has the
primary jurisdiction to investigate the incident.
b. A "ranking officer" means a law enforcement officer that holds the rank
of Captain, an equivalent rank to Captain, or any rank higher than a
Captain.
D. TRT Tactical Commander
The Parent Agency, at its sole expense, will be responsible for providing the TRT
Tactical Commander, who will be responsible for the administrative management and
supervision of the TRT operations. The Tactical Commander will be responsible for:
1. Planning and management of the operational activities;
2. Assignment of Team Leaders;
3. Budgeting and/or grant preparation, requests for assistance, reporting;
4. Interviewing prospective team members and making team assignments;
5. Training schedule and activities;
6. Reviewing team member reports;
7. Providing quarterly reports to the TRT Administrative Board concerning response
incidents, training, expenditures, and equipment needs; and
8. Any other duties as assigned by the Parent Agency.
IX. OFFICERS
Each Member, in that Member's sole discretion, shall contribute as many commissioned
officers as possible to the TRT; provided that each Member shall contribute at least one
officer to the TRT, which officer may also serve as a designated TRT Incident Commander.
Members will take reasonable steps to ensure that the officer(s) it contributes to the TRT
are available for call -outs and back -filling shifts when TRT team members are on -duty
and at minimum staffing levels. The officers assigned to the TRT shall remain employees
of the contributing Member. The contributing Member shall be solely and exclusively
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responsible for the compensation and benefits for the officers it contributes to the TRT. All
rights, duties, and obligations of the employer and the employee shall remain with the
contributing Member. Each Member shall be responsible for ensuring compliance with all
applicable laws with regard to any officer that they assign to the TRT, including but not
limited to, compliance with the provisions of any applicable employment agreements,
collective bargaining agreements, and civil service rules and regulations.
X. COMMAND AND CONTROL
During activation of the TRT, MLPD shall designate the TRT Tactical Commander. The TRT
Incident Commander and the TRT Team Leader(s) will be designated by the TRT Tactical
Commander. The duties and procedures to be utilized by the TRT Incident Commander,
the Tactical Commander, and the Team Leader(s) shall be set forth in the standard
operating procedures approved by the TRT Administrative Board. The standard
operating procedures approved by the TRT Administrative Board may designate other
personnel to be utilized during an incident.
XI. EQUIPMENT, TRAINING, AND BUDGET
No separate budget or financing method is created by this Agreement.
Each Member, in that Member's sole expense and discretion, shall acquire, update,
replace, repair, maintain, and issue the equipment and supplies for the officer(s) it
contributes to the TRT. Each Member, in that Member's sole expense and discretion,
shall provide sufficient training for the officer(s) it contributes to the TRT.
The equipment, supplies, and training provided by each Member for the officer(s) it
contributes to the TRT shall be at a minimum the equipment, supplies and training
required under the rules and/or policies adopted by the TRT Administrative Board.
Members shall make the officer(s) it contributes to the TRT available for reoccurring
monthly training, which is scheduled annually by the TRT Tactical Commander, in
accordance with best practices and recommendations from the National Tactical
Officers Association ("NTOX), American Sniper Association ("ASA") and the National
Crisis Negotiators Association ("NCNA").
XII. DISTIBUTION OF ASSETS UPON TERMINATION
A. Individually Owned Equipment and Supplies
Each Member shall retain sole ownership of equipment and supplies purchased
and provided to the officer(s) it contributes to the TRT. Any equipment and/or
supplies of a terminating Member that is in the possession of the other Members
shall be promptly returned to the terminating Member. Furthermore, upon
termination of this Agreement any Member that is in possession of another
Member's equipment and/or supplies shall promptly return the equipment and/or
supplies to the Member that owns such.
B. Jointly Owned Equipment and Supplies
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In the event the Members acquire any jointly owned equipment or supplies, then
upon termination of the Agreement or upon the termination of any Member's
participation in the Agreement that jointly owns such equipment or supplies, any
jointly owned equipment or supplies shall be divided among the Members based
upon each Members pro rata share and the asset's fair market value upon
termination. If the jointly owned equipment or supplies cannot be divided, then
ownership of the equipment or supplies shall be transferred as provided for in
Section XII(D).
C. Unclaimed Equipment and Supplies
If any Member's participation in the Agreement is terminated, then that Member
must claim their equipment or supplies utilized under this Agreement within thirty
days after the date of termination. Any equipment or supplies not timely claimed
shall be deemed the property of the Member that is designated as the Parent
Agency on the date of termination.
If the TRT is dissolved, then all Members must claim their respective equipment
or supplies utilized under this Agreement within thirty days prior to the date of
dissolution. Any equipment or supplies not timely claimed shall be deemed the
property of the Member that is designated as the Parent Agency on the date of
the TRT's dissolution.
D. Valuation of Equipment and Supplies
The value of the equipment or supplies shall be determined by using commonly
accepted methods of valuation. If two or more Members desire any jointly owned
equipment or supplies of such Members, then these Members are encouraged to
resolve the dispute informally amongst themselves. If the Members are unable
to resolve the dispute, then a final decision shall be made by arbitration.
E. Arbitration
Any disputes related to distribution of equipment and supplies, including the value
thereof, are to be resolved through binding arbitration under the Uniform Arbitration
Act, Ch. 7.04A RCW.
X111. LIABILITY, HOLD HARMLESS, AND INDEMNIFICATION
Each Member shall be responsible for the wrongful or negligent actions of its employees
while assigned to the Tactical Response Team as their respective liability shall appear under
the laws of the State of Washington and/or Federal Law and this agreement is not intended
to diminish or expand such liability.
A. To that end, each Member promises to hold harmless and release all other participating
Members from any loss, claim or liability arising from or out of the negligent tortious
actions or inactions of its employees, officers and officials. Such liability shall be
apportioned among the parties or other at fault persons or entities in accordance with
the laws of the State of Washington.
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B. Nothing herein shall be interpreted to:
1. Waive any defense arising out of RCW Title 51.
2. Limit the ability of a Member to exercise any right, defense, or remedy which a
party may have with respect to third parties or the officer(s) whose action or
inaction give rise to loss, claim or liability including but not limited to an assertion
that the officer(s) was acting beyond the scope of his or her employment.
3. Cover or require indemnification or payment of any judgment against any
individual or Member for intentionally wrongful conduct outside the scope of
employment of any individual or for any judgment for punitive damages against
any individual or Member. Payment of punitive damage awards, fines or sanctions
shall be the sole responsibility of the individual against whom said judgment is
rendered and/or his or her municipal employer, should that employer elect to
make said payment voluntarily. This agreement does not require indemnification
of any punitive damage awards or for any order imposing fines or sanctions.
C. Insurance Requirements
Each signatory agency shall carry for the duration of this Agreement general liability
including coverage for police professional liability and auto liability with the following
minimums:
General Liability $10,000,000.00
Auto $1010007000.00
It is understood that each of the parties hereto may fulfill the requirements set forth
in this section through either self-insurance or the duly authorized insurance pool.
The failure of any insurance carrier or self-insured pooling organization to agree to or
follow the terms of this Section shall not relieve any Member from its obligations under
this Section.
XIV. PROCESSING OF CLAIMS AND LAWSUITS
A. Notice
In the event a tort claim or a lawsuit is served against a Member or its employees for
conduct arising out of their participation in a TRT action or operation, the Member
shall promptly notify, but no later than three days after service of the tort claim or
lawsuit, the other Members that the tort claim has been served or lawsuit has been
served. Any documentation, including the tort claim or complaint, shall be promptly
provided to each Member.
B. Tender of Defense
In the event a Member has a right, pursuant to section XIII of this Agreement, to be
defended and held harmless by another Member, the Member having the right to be
defended and held harmless shall promptly tender the defense of such claim or
lawsuit to the Member that must defend and hold the other harmless.
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C. Coordination of Initial Meeting
The Member that initially is served with a lawsuit shall schedule a TRT Administrative
Board Meeting to discuss the lawsuit, which shall be held within 10 calendar days
after service of the lawsuit.
D. Assistance ofTactical Commander
The TRT Tactical Commander shall assist the Members in responding to a tort claim
or lawsuit. The TRT Tactical Commander shall be responsible for gathering all
records relating to the TRT response. These records shall include, but are not limited
to, incident reports, notes, transcripts, photos, evidence logs, recorded statements,
documents from emergency dispatch centers, and warrants from all Members in the
TRT response. The Tactical Commander shall also provide a list of employees from
any Member that participated in the response and their contact information. The
Tactical Commander shall deliver all copies of the records to the Members served
with the tort claim or lawsuit promptly upon request.
E. Obtaining Release for Benefit of All Members
Prior to the resolution of any tort claim or the settlement of any lawsuit, and as a
condition of payment to any claimant, the Member, including the Member's insurance
provider providing payment, shall obtain from the claimant a complete and total
release of liability on behalf of all Members participating in the TRT, including each
Member's officers, employees, agents, or volunteers.
F. Compliance with Ch. 4.96 RCW and Service Requirements
Nothing in this Agreement shall be deemed a waiver by any Member of the
requirements set forth in Ch. 4.96 RCW. Moreover, nothing in this Agreement
shall be deemed acceptance of service of a tort claim or lawsuit, and the fact that
a Member provides notice or copies of a tort claim or lawsuit to another Member
shall not be deemed adequate service of such tort claim or lawsuit in accordance
with the State or Federal Rules of Civil Procedure or the Revised Code of
Washington.
G. Good Faith
It is the intent of this Agreement that the Members act in good faith on behalf of each
other in conducting settlement negotiations on tort claims or lawsuits. Any Member
that settles a claim or lawsuit related to their participation in a TRT action or operation
must notify all other Members of the settlement and provide the other Members a
copy of settlement agreement.
XV. NOTIFICATION
Any notice provided for in this Agreement shall be serviced upon the following persons
for each Member. Service shall be done by personal service or by certified mail,
return receipt requested, with postage prepaid. If service is done by mail, service
shall be deemed complete three business days after mailing.
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Mn-qp--q I-akp--
City Manager
401 S Balsam St
Moses Lake, WA 98837
Grant County:
Grant County Sheriff
35 C St. NW
Ephrata, WA 98823
Adams Countv:
Adams County Sheriff
210 W Broadway
Ritzville, WA 99169
Quin
City Mayor
104 B St. SW
Quincy, WA 98848
DRAFT: 1/11/2022
City Attorney
401 S Balsam St
Moses Lake, WA 98837
Grant County Prosecutor
35 C St. NW
Ephrata, WA 98823
Adams County Prosecutor
210 W Broadway
Ritzville, WA 99169
City Attorney
104 B St. SW
Quincy, WA 98848
Police Chief
411 S Balsam St
Moses Lake, WA 98837
Grant County Commissioner
35 C St. NW
Ephrata, WA 98823
Adams County Commissioner
210 W Broadway
Ritzville, WA 99169
Police Chief
223 1 St Ave SW
Quincy, WA 98848
Any Member may designate another address or person for the giving of notices by
providing all the Members written notice of the new designation.
XVI. COMPLIANCE WITH THE LAW
The TRT and all its Members shall comply with all federal, state, and local laws that
apply to the TRT.
XVII. ALTERATIONS
This Agreement constitutes the entire agreement between the Members regarding
the TRT and supersedes any and all prior oral or written agreements between the
Members regarding the TRT. This Agreement maybe modified, amended, or altered
by agreement of all Members and such alteration, amendment, or modification shall
be effective when reduced to writing and executed in a manner consistent with
paragraph XX of this Agreement.
XVIII. RECORDS
Each Member shall maintain training records related to their officers assigned to the
TRT for a minimum of seven (7) years or as required by the local government
retention schedule, whichever is longer. A copy of these training records will be
forwarded and maintained with the designated Tactical Commander. All records
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shall be available for full inspection and copying by each Member.
The Parent Agency shall be responsible to receive and respond to any public record
request made under Ch. 42.56 RCW to the TRT or the TRT Administrative Board.
Prior to the release of any TRT records to the requestor, the Parent Agency shall
provide notice of the records request to the Member that assigned the case number
to the incident, if any, and shall provide that Member at least ten business days
before the release of the records so that the Member has a reasonable opportunity
to bring an action to prevent the release of such records. If no case number has
been assigned to the incident, then the Parent Agency is under no obligation to
provide notice of the records request to any Member.
XX SEVERABILITY
If any part, paragraph, section, or provision of this Agreement is held to be invalid
by any court of competent jurisdiction, such adjudication shall not affect the validity
of any remaining section, part, or provision of this Agreement.
XX. MUNICIPAL AUTHORIZATIONS
This Agreement shall be executed on behalf of each Member by its duly authorized
representative and pursuant to an appropriate resolution or ordinance of the
governing body of each Member. This Agreement shall be deemed effective upon
the last date of execution by the last so authorized representative. This Agreement
may be executed by counterparts and be valid as if each authorized representative
had signed the original document.
XXI. GENERAL PROVISIONS
A. Governing Law and Venue
This Agreement shall be governed by and enforced in accordance with the laws of
the State of Washington. The venue for any action arising out of this Agreement shall
be in the Superior Court of the State of Washington, in and for the County of Grant.
B. Interpretation
This Agreement and each of the terms and conditions of it are deemed to have been
explicitly negotiated by the Members, and the language in all parts of this Agreement
shall, in all cases, be construed according to its fair meaning and not strictly for or
against any of the Members hereto.
C. Assignment
This Agreement shall not be assigned, either in whole or in part, by any Member
without the express written consent of all the Members, which may be granted or
withheld in such Member's sole discretion. Any attempt to assign this Agreement in
violation hereof shall be null and void, and shall constitute a default under this
Agreement.
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D. No Joint Venture
Nothing contained in this Agreement shall be construed as creating any type or
manner of partnership, joint venture or other joint enterprise between the Members.
IN WITNESS HEREOF, the following parties hereto have executed this Agreement
on the dates written below.
For City of Moses Lake:
;'fe
2022-02-10
City Manager, City of Moses Lake Date
2022-02-14
City Clerk, City of Moses Lake / Date
For City of Quincy:
2022-03-01
't
Mayor, City of Quincy Date
City Clerk, City of Quincy / Date
For Grant County:
5
//' 4Da Date
Dann�/E Stone, BOCC Chair;Chaff)Date
For Adams County:
Adams County Commissioner (Chair) / Date
)�aem"# & 1(&41�0& 2022-02-10
City Attorney, City of Moses Lake / Date
Vatw�& R. NardiaO 2022-03-01
City Attorney, City of Quincy / Date
Grant County Prosecutor /Date
Adams County Prosecutor/ Date
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