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Washington County - Westside Interagency Narcotics Team - ~ WASHINGTON COUNTY INTERAGENCY TEAM AGREEMENT forthe WESTSIDE INTERAGENCY NARCOTICS TEAM (WIN) This Interagency Team Agreement (Agreement) is entered into by and between the undersigned parties to provide for establishment and support of all local interagency teams as permitted by ORS 190.110 which provides that a unit of local government may enter into a written agreement with any other unit of local government for the performance of any or all functions and activities that a party to the agreement has the authority to perform. It is the intent of this Agreement to be subservient to the Washington County Master Interagency Teams Intergovernmental Agreement. Additionally, it is subservient to and under no circumstance shall it replace any individual department pursuit policy. Therefore, for and in consideration of the following, the parties agree as follows: 1. EFFECTIVE DATE AND DURATION. This Agreement commences and takes effect when signed by two or more parties and remains in effect thereafter until amended or terminated by the parties consistent with this Agreement. 2. PURPOSE AND FUNCTION. This Agreement provides for the cooperation and coordination of all local agencies participating on WIN. The purpose, functions, procedures and roles of WIN are further defined in subsection 5 below. 3. DEFINITIONS. 3.1 Interagency Team. Two or more agencies assign personnel on a full-time, part- time or an on-call or collateral assignment basis to a special unit. 3.1.1. Full time Interagency Teams have a narrowly focused primary mission and have member's assigned full-time (minimum of 40 hours per week) to the team. Some full-time Interagency Teams may have members assigned less than full-time (less than 40 hours per week) or for a limited duration (temporary assignments to enhance professional career of member). Full-time Interagency Teams shall be subject to additional requirements as defined in 4.2 and 4.3. 3.1.2. On-call or collateral assignment Interagency Teams also have a narrowly focused mission; however, member's primary mission is something other than that of the team (Patrol, Detectives, Jail). On-call Interagency Teams are typically activated for limited duration specific missions. These Interagency Teams are not subject to sections 4.2 and 4.3. 3.2 Police Officer. Police Officer as used in this Agreement is a police officer commissioned by the State of Oregon or a police officer commissioned by a public agency or unit of local government of the State of Oregon to enforce the criminal laws of Oregon and included in the definitions contained or employed in ORS 181.610 and ORS 190.472, as now enacted or hereafter amended. 3.3 Team Administrator or Team Commander. The participating agency which has volunteered to be responsible for primary county wide operational command of the ORIGINALInteragency Team Agreement-WIN 1 of 1 particular Interagency Team shall designate (an exception to this rule is defined in 4.2) a Team Administrator. The Team Administrator must be a command ranking executive from that participating agency. The Team Administrator shall collaborate with participating agencies to develop and recruit team members and will coordinate with those agencies as to appointment and removal of members to the respective interagency team (exceptions to this are defined in 4.2). The Team Administrator shall communicate with each participating agency the skill set, criteria and testing process to be used in applicant screenings for the Interagency Team. 3.4 Team Supervisor or Team Leader. The Team Supervisor has primary supervisory duties of interagency team members' daily on-duty activities. The minimum rank qualification for this position is sergeant with specific management duties described in section 4.5.1 through 4.5.2.E. 3.5 Team Member. A Team Member is a police officer as defined in 3.2, participating on an Interagency Team as described in 3.1.1 or 3.1.2 above. 3.6 User Board. The User Board is made up of the chief law enforcement administrators of each law enforcement entity as further described in section 4.2. 3.7 Governing Body. The Washington County Board of County Commissioners or a City Council for each participating city. 4. REQUIREMENTS FOR TEAM AGREEMENTS. The authority to enter into and maintain Interagency Team Agreements for full-time Interagency Teams (as defined in 3.1.1) is delegated to the chief law enforcement officer of each affected jurisdiction (Chief of Police or Sheriff) provided that all such Interagency Team Agreements shall contain the language found in sections 4.1 through 4.18 below, which shall neither be amended nor modified without a formal unanimous approval of the governing body of all participating jurisdictions, and further, no other substantive contract language may be added without the same protocol. The only language which may be added are provisions addressing the purposes, functions, procedures and role of the affected Interagency Team. The chief law enforcement officer of the jurisdiction may enter Interagency Team Agreements for on-call or collateral assignment teams (as defined in 3.1.2). 4.1 COOPERATION. Each participating agency agrees to provide all reasonable assistance and resources to and with other participating agencies in implementing the purposes of the Agreement. 4.2 USER BOARD. If three or more agencies are participating on a full-time Interagency Team, and at the recommendation of the LEC, a User Board will be formed. The User Board will consist of the chief law enforcement administrator of each participating agency or designee having executive command authority. The User Board shall coordinate operational procedures and administrative guidelines for the Team and Team Administrator and review the overall implementation thereof. The User Board recommendations are not binding on the participating agencies but the agencies agree to use good faith efforts to develop operational procedures. The User Board shall elect a User Board Chair(as defined in section 4.3) and appoint a Team Administrator. The Team Administrator and User Board shall collaborate to recruit and appoint Team Supervisor(s). Interagency Team Agreement-WIN 2 of 2 4.3 USER BOARD CHAIR. The Chair of a User Board will serve a term of one calendar year(January 1 to December 31) and their appointment will be by majority vote of the participants. The vote shall take place in November of the calendar year preceding their service as Chair. The Chair must be one of the chief law enforcement officers or designees members from the User Board The User Board will meet at least quarterly and at any time upon written request of a participating agency. Each member of the User Board shall have an equal voice in the conduct of business. No quorum is required to conduct User Board business, and a majority of the members present can take action on any User Board issue. 4.4 TEAM ADMINISTRATOR. Interagency Team Administrators will have the following responsibilities: 4.4.1. Exercise management rights with regard to appointment, term limits and removal of members from the Team; 4.4.2. Attend User Board Meetings, participate in User Board discussions and report on team activities and management functions; 4.4.2. Establishment of operational guidelines consistent with the policies and procedures for each participating agency; 4.4.3. Establish team activities and operations; 4.4.4. Evaluate team activities and supervise members; 4.4.5. Long range planning, preparation of budget recommendations and allocation of budgeted resources to meet members, equipment, and team activities needs; and 4.4.6. Reporting to the User Board on team activities and management functions as outlined in this section 4.5 TEAM SUPERVISOR. Supervisory responsibilities for the Team Supervisor will be outlined in the Interagency Team's operational guidelines which will include (at a minimum)the following: 4.5.1. Plan and manage operational activities of the Team; 4.5.2. Direct team day-to-day activities including: 4.5.2.A. Assignment of investigations and other tasks to team members; 4.5.2.8. Scheduling members for team activities, including those which may result in overtime eligibility under applicable member rules and collective bargaining agreements; 4.5.2.C. Review and approval of investigative reports; 4.5.2.D. Review of personnel performance and making recommendations/observations concerning supervisory issues to appropriate participating agency supervisory and command staff; 4.5.2.E. Serve as a liaison with other law enforcement agencies; 4.5.2.F. Present quarterly reports to the User Board on team activities; and 4.5.2.G. Present bi-annual reports to the LEC on team activities Interagency Team Agreement-WIN 3 of 3 4.6 TEAM MEMBERS. Team members remain subject to the internal policies and procedures of their respective agencies for all matters not directly related to team performance and activities. 4.7 SUPERVISION OF TEAM MEMBERS. Team Members shall be supervised by the Team Supervisor while engaging in team activities and the team member will also have an agency supervisor at the team member's agency. 4.8 RECRUITMENT TO INTERAGENCY TEAM. Each participating agency and the Team Administrator are responsible for the recruitment process. The recruitment process used by participating agencies must comply with criteria set by the Team Administrator and participating agencies (i.e., requirements for minimum certification, term limits, years' experience, performance evaluations, etc.). 4.9 DISCIPLINE. The Team Supervisor will contact a team member's agency supervisor regarding discipline and performance issues and the team member's agency supervisor will handle performance or discipline consistent with that agency's policies and standards. 4.10 WAGES AND BENEFITS. All personnel costs, including wages and benefits, and incidental items of personal equipment will be the responsibility of each participating agency assigning a person to the team. 4.11 EQUIPMENT. Any participating agencies may assign to its participating team Member(s)' capital equipment for such times and under such restrictions as it deems appropriate. Such equipment shall not be considered a team asset but remain an asset of the contributing agency. Each agency will be responsible for the maintenance and repair or replacement of their equipment assigned to the team member(s). 4.12 FUNDING. Team operations will incur certain operating expenses including but not limited to training, training site rentals, office space rental, supplies and consumables and informant compensation. The Team Administrator shall annually, at a time consistent with requirements of the various parties' respective budgetary processes, confer and recommend to each agency's chief law enforcement officer a projected share of the operational expense for the ensuing fiscal year. The respective share shall be determined by the actual operating expense of the respective team member(s) on the team. 4.13 BUDGET. The Team Administrator shall create an operating budget for the Interagency Team. Notwithstanding any other provision of this Agreement, all budget recommendations submitted must be first approved by the Finance Department of the jurisdiction and comply with all rules and procedures of the local budget process. 4.14 FISCAL AGENT. The Washington County Finance Department will serve as Fiscal Agent for the purpose of this Agreement if Washington County is a signatory to an interagency team unless the User Board (if required by this agreement) or Team Administrator affirmatively decides the Finance Department of another participating jurisdiction is to serve as Fiscal Agent. The Finance Interagency Team Agreement-WIN 4 of 4 Department of any participating jurisdiction serving as a Fiscal Agent must handle all team financial affairs in accordance with generally accepted accounting principles for government agencies. 4.15 REVENUES. Any revenues generated by the interagency team shall be maintained in a separate account in accordance with generally accepted accounting principles for government agencies (as per section 4.15)with spending authority will be the responsibility of the User Board. 4.16 ANNUAL FISCAL INTERNAL REVIEW. The Team Administrator will ensure an annual fiscal review is conducted of equipment and expenditures including confidential funds and the record keeping of the team and assure expenditures are in accordance with legal and contractual obligations, and also that receipts and disbursements are documented and accounted for in accordance with generally acceptable accounting practices for government agencies. The results of the review will be presented to the User Board or the law enforcement executives with participating members for review upon its completion. Costs of the fiscal internal review will be the responsibility of the Fiscal Agent(as per section 4.15). 4.17 INDEMNITY. Each party shall be independently and severally liable for the acts, errors and omissions of its employees and officers, and there shall be no right of indemnity between the parties but they shall be entitled to assert rights to contribution under ORS 18.242. 4.18 TERMINATION. Any agency may terminate participation from any Interagency Team by providing 30 days prior written notice to the other parties. 5. PURPOSE, FUNCTIONS, PROCEDURES and ROLES The Westside Interagency Narcotics Team is a full time, collocated interagency team, with the below listed purposes, functions, procedures and roles. This ITA replaces all previous WIN Team Agreements 5.1 PURPOSE. The WIN Team will have as its primary purposes: 5.1.1 To detect and apprehend drug manufactures and traffickers and to disrupt and/or dismantle drug trafficking organizations operating within Washington County. 5.1.2 To gather and disseminate narcotics and related intelligence information within the participating entities and among other criminal justice agencies affected by that information; and 5.1.3 To enhance and maintain an effective spirit of cooperation between area criminal justice agencies. 5.2 FUNCTIONS, PROCEDURES and ROLES. Along with those provided for in the Master Interagency Team Intergovernmental Agreement, the WIN Team will have the following additional functions, procedures and/or roles: 5.2.1 Evidence and seized property resulting from WIN Team cases shall be processed and stored by and in accordance with the policies and procedures of the Administrating Agency. Additionally, all reports shall be maintained by the Administrating Agency under its policies and Interagency Team Agreement-WIN 5 of 5 procedures. 5.2.2 All grant and forfeiture funded equipment shall be considered property of the WIN Team and, if assigned to an individual for use, must remain with the WIN Team upon the member's reassignment from the team. 5.2.3 Property purchased with grant and/or forfeiture funds will be maintained and repaired using grant and/or forfeiture funds. 5.2.4 Vehicles purchased with forfeiture money will be registered, insured and maintained through the Administrating Agency. 5.2.5 Notwithstanding Article 4.10 of the Master IGA (Wages and Benefits), overtime costs for WIN Team Members will be reimbursed, to the greatest extent possible, with grant and/or available forfeiture funds. 5.2.6 Notwithstanding Article 4.12 of the Master IGA (Funding), all operating costs exceeding the projected share that participating members have agreed to pay will be covered by available forfeiture funds. 5.2.7 If an agency removes a member from WIN after projected budget has been adopted, the agency will be responsible for paying their full annual share of the operating costs, regardless of the actual time the investigator served on the team during that budget period. 5.2.8 Agencies that add a member to the team will pay a pro-rated share of actual costs, based on the number of months their investigator served on the team during that budget period. 5.2.9 Forfeiture funds secured by, for, or through the WIN Team will be used to support WIN operations. 5.2.10 The WIN Team Administrator will present an annual forfeiture spending plan to the Board each year for review and recommendation. 5.2.11 In addition to spending plan purchases, the WIN Team Administer may authorize the use of forfeiture funds for other WIN Team purposes, when necessary and reasonable. 5.2.12 Non-participating agencies may request the WIN Team to process assets seized for forfeiture from non-WIN related cases. However, the non- participating agency must guarantee the WIN Team full cost recovery for the time it takes to process the forfeiture, plus 50% of all funds dispersed, if any. 5.2.13 All forfeiture fund dispersals will be documented and made available to the Board for review at least annually, or upon request. 5.2.14 In the event the WIN Team is disbanded, the User Board shall determine by majority vote of the affected agencies the disposition of equipment and moneys derived from WIN Team activities and not previously distributed to participating entities. 6. ADDITIONAL PARTIES Any Oregon or Federal law enforcement agency, not a party to this Agreement when it first becomes effective, may become a party thereto by signing the Agreement with the authority of its governing body and approval of the current User Board. Upon the signing of the Agreement by the additional party, the Agreement becomes binding among all the parties that have signed. Interagency Team Agreement-WIN 6 of 6 7. TERMINATION, SUSPENSION, OR WITHDRAWAL FROM AGREEMENT Upon mutual consent of all the parties, this Agreement may be amended or terminated at any time. Any party may withdraw from this Agreement upon providing 30 days prior written notice to the other participating agencies. 8. WAIVER The failure of any party to enforce a provision of this Agreement shall not constitute a waiver of the entire Agreement or any other provision contained within. 9. CAPTIONS Captions and headings used in this Agreement are inserted for convenience of reference only and are not intended to affect the interpretation or construction of the Agreement. 10. PARTIAL INVALIDITY Whenever possible, each provision of this Agreement shall be interpreted in such a way as to be effective and valid under applicable law. If any provision of this Agreement is adjudged invalid, such adjudication shall not affect the remaining provisions, terms or requirements of this Agreement. 11. AMENDMENTS Only written instruments authorized by the governing body of each participating jurisdiction may amend or otherwise alter this Agreement. Interagency Team Agreement-WIN 7 of 7 12. SIGNATORY AUTHORITY TO ENTER INTO AGREEMENT Each person signing this Agreement hereby represents to all other signatories that they are duly authorized by their unit of local government to enter into the Agreement. IN WITNESS WHEREOF the parties by the signatures of their authorized representatives have executed this Agreement effective on the date show below each signature. City of Beaverton City of Hillsboro Signature Signature Printed Name Printed Name Title Title Date Date Ci of Tigar Washington County \. Signature Signature PYLA K l F. C»� Printed Name Printed Name Title Title 3 - �n ( S Date Date City of City of Signature Signature Printed Name Printed Name Title Title Date Date ORIGINAL Interagency Team Agreement-WIN 8 of 8 Lora Garland From: Lisa Shaw Sent: Friday, February 20, 2015 12:50 PM To: City Records Subject: ITA for records Attachments: WIN ITA 2015 - TIGARD signed Feb 20.pdf Hello, Attached is a copy(signed by Tigard) of an interagency team force agreement. • Title:Washing County Interagency Team Agreement for the Westside Interagency Narcotics Team (WIN) • Begin date: February 19, 2015 • End date: No end date unless actively terminated by either party Note that there are many other signatures from other jurisdictions that are needed. It is unclear when/if we will receive a completed signature page. I will submit the document if we receive it. Lisa Shaw ■ Police Department Business Manager DIRECT 503-718.2554 EMAIL lisa.shaw&tigard-or.gov WER www.tgard-or.gov Citi' of Ti V rd I PQUrF D E PARTMENT 13125 SW Hall Boul-evard, Tigard, OR 97223 NON-EMERGENCY 503-629-0111 DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are retained by the City of Tigard in compliance with the Oregon Administrative Rules "City General Records Retention Schedule."