HomeMy Public PortalAbout028-2011 - Police - Interlocal Agreement - WayINTERLOCAL AGREEMENT
This Interlocal Agreement (hereinafter "Agreement") is hereunto entered in this _17th day of
_February_, 2011, and referred to as Contract No. 28-2011, by and between the City of Richmond,
Indiana, through its Board of Public Works and Safety (hereinafter "City") and the Wayne County
Sheriff's Department, Wayne County, Indiana (hereinafter "Sheriff's Department").
WITNESSETH:
WHEREAS, the City of Richmond, Indiana, utilizes through its Police Department a SWAT Unit
("SWAT Unit") which operates within the geographical boundaries of Richmond and Wayne
County, Indiana; and
WHEREAS, the Sheriff's Department has within its employment officers who wish to receive
training and thereafter become members of the SWAT Unit; and
WHEREAS, the City and the Sheriff's Department wish to establish the terms and conditions
under which the Sheriff's Department may provide law enforcement officers, who meet the
requirements set forth by the Richmond Police Department policies, to be utilized as functional
members of the SWAT Unit; and
NOW, THEREFORE, in consideration of the terms and conditions contained herein, City and Sheriff's
Department do hereby agree as follows:
SECTION L TERM OF AGREEMENT
This AGREEMENT is effective upon the day and date last signed and executed by the duly authorized
representatives of the parties to this AGREEMENT and the governing bodies of the parties' respective
counties or municipalities and shall remain in full force and effect for not longer than ninety (90) days
beyond the current term of office of the current Richmond chief of police. This AGREEMENT may be
terminated, without cause, by either party upon thirty (30) days written notice.
SECTION II. PAYMENT OF EXPENSES
Payment of any expense(s) enumerated in Section III or Section IV below shall be made directly by the
agency employing the law enforcement officer(s) affected by such expense. No payment shall be made to
either agency directly, but rather purchase expenses shall be made to the vendor, following appropriate
procedures for the governmental agency making said purchase.
SECTION III. RESPONSIBILITIES OF THE RICHMOND POLICE DEPARTMENT
All obligations of the Richmond Police Department shall include costs and expenses related to the
Richmond Police Department officers assigned, including the cost of wages, salaries, benefits, insurance,
necessary equipment, and damage to equipment belonging to an officer of the Richmond Police
Department while acting pursuant to this AGREEMENT.
Contract No. 28-2011
SECTION IV. RESPONSIBILITIES OF THE WAYNE CO. SHERIFF'S DEPARTMENT
All obligations of the Wayne County Sheriff's Department shall include only those deputies assigned to
SWAT and covered by this AGREEMENT, and include the agency's responsibilities for costs and
expenses related to the assignment, including the cost of wages, salaries, benefits, insurance, necessary
equipment and damage to equipment belonging to an officer of the Wayne County Sheriff's Department
while acting pursuant to this AGREEMENT.
SECTION V. GENERAL PROVISIONS
A. Amendments. Either party may request changes to this AGREEMENT. Any changes,
modifications, revisions or amendments to this AGREEMENT which are mutually
agreed upon by and between the parties to this AGREEMENT shall be incorporated by
written instrument, and effective when executed and signed by all parties to this
AGREEMENT.
B. Applicable Law. The construction, interpretation and enforcement of this AGREEMENT
shall be governed by the laws of the State of Indiana. The courts of the State of Indiana
shall have jurisdiction over any action arising out of this AGREEMENT and over the
parties, and the venue shall be the Courts of Wayne County, Indiana.
C. Authority Granted and Chain of Command. Peace officers of the Wayne County
Sheriff's Department assigned and performing duties pursuant to this AGREEMENT are
subject to the direction and control of the Richmond Police Department SWAT
Commander. Nothing in this AGREEMENT shall be interpreted to authorize any
assigned peace officer to exercise any power that the Richmond Police Department is not
authorized to exercise.
D. Entirety of Agreement. This AGREEMENT, consisting of three (3) pages, represents the
entire and integrated agreement between the parties and supersedes all prior negotiations,
representations and agreements, whether written or oral.
E. Liability. Pursuant to Indiana law, any peace officer acting under this AGREEMENT
shall be deemed to be acting within the scope of his duties for purposes of this
AGREEMENT. All privileges and immunities from liability, and all pension, disability,
worker's compensation and other benefits which normally apply to peace officers while
in the performance of their duties in their own jurisdiction shall also apply to them when
acting pursuant to this AGREEMENT.
F. Severability. Should any portion of this AGREEMENT be judicially determined to be
illegal or unenforceable, the remainder of the AGREEMENT shall continue in full force
and effect, and either party may renegotiate the terms affected by the severance.
G. Sovereign Immunity. The Richmond Police Department and the Wayne County Sheriff's
Department and their respective governing bodies do not waive their sovereign immunity
by entering into this AGREEMENT, and each fully retains all immunities and defenses
provided by law with respect to any action based on or occurring as a result of this
AGREEMENT.
H. Third Party Beneficiary Rights. The parties do not intend to create in any other
individual or entity the status of a third party beneficiary, and this AGREEMENT shall
not be construed so as to create such status. The rights, duties and obligations contained
in this AGREEMENT shall operate only between the parties to this AGREEMENT, and
shall inure solely to the benefit of the parties to this AGREEMENT. The provisions of
this AGREEMENT are intended only to assist the parties in determining and performing
their obligations under this AGREEMENT. The parties to this AGREEMENT intend and
expressly agree that only parties signatory to this AGREEMENT shall have any legal or
equitable right to seek to enforce this AGREEMENT, to seek any remedy arising out of a
party's performance or failure to perform any term or condition of this AGREEMENT, or
to bring an action for the breach of this AGREEMENT.
SECTION VI. AUTHORIZATION TO EXECUTE
In witness whereof, the parties to this AGREEMENT through their duly authorized representatives have
executed this AGREEMENT on the dates set out below, and certify that they have read, understood, and
agreed to the terms and conditions of this AGREEMENT as set forth herein. Any person executing this
AGREEMENT in a representative capacity hereby warrants that he has been duly authorized by his or her
principal to execute this AGREEMENT.
The effective date of this AGREEMENT is the date of the signature last affixed to this page.
IN WITNESS WHEREOF, City and Sheriff's Department execute this Agreement as of the date first set
forth above, although signatures may be affixed on different dates.
"CITY"
THE CITY OF RICHMOND,
INDIANA by and through its
Board of Public Works and Safety
By:_S/S Vicki Robinson
Vicki Robinson, President
By:_S/S Dian Lawson
Dian Lawson, Member
By:_S/S Anthony L. Foster
Anthony L. Foster, Member
Date: February 17, 2011
APPROVED: S/S Sarah L. Hutton
Sarah L. Hutton, Mayor
Date: February 18, 2011
"SHERIFF'S DEPARTMENT"
WAYNE CO. SHERIFF'S DEPARTMENT
200 East Main Street
Richmond, IN 47374
By:_S/S Jeff Cappa
Jeff Cappa, Sheriff
Date: —February 9, 2011