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HomeMy WebLinkAboutReg 2003-05-12 Item 3B - Interlocal Agreement - Valley Special Response TeamCAS Number: 03-064 Meeting Date 5/12/03 Committee: COUNCIL AGENDA SYNOPSIS Meeting Date May 12, 2003 03 -06'+ Finance and Safety Prepared by Chief K. Haines Initials Mayor 's review ITEM INFORMATION Original Agenda Date: 5/12/03 Agenda Item Title: Interlocal Agreement For The Valley Special Response Team Original Sponsor: Council Admin. XI Timeline. Sponsor's Summary: Our Police Department has been a full partner along with Renton P.D, Auburn P.D., Kent P.D., and the Port of Seattle P.D. in the Valley Special Response Team.. This successful combined S.W.A.T. team expanded to include the Federal Way Police Department which means a need for a revised interlocal aereement. Recommendations: Approve, sign, and ratify the Proposed Interlocal Cooperative Agreement Sponsor: Chief Keith Haines Administration: Cost Impact (if known): Continue to support the team financially as planned and approved in the 2003 Budget Fund Source (iflmown): General Fund e c. f <RECORD COUNCIL ACTION= Meeting Date Action 5/12/03 APPENDICES Attachments Memo to F&S Committee dated April 1, 2003 Interlocal Cooperative Agreement F&S Committee minutes dated 4/21/03 Council review ITEM No. MEMORANDUM TO: Finance and Safety Committee Through the Mayor's Office FROM: Chief Keith Haines DATE: April 1, 2003 SUBJECT: Valley S.R.T. Interlocal Cooperative Agreement I am requesting that you approve the attached, new interlocal cooperative agreement for our Valley S.R.T. (Special Response Team). This new agreement has been reviewed and approved by our City Attorney and by the attorneys representing all of the Valley S.R.T. jurisdictions. This latest version of the agreement includes Federal Way as a partner in Valley S.R.T. I plan to be present at your next meeting to answer questions. cc: File INTERLOCAL COOPERATIVE AGREEMENT BETWEEN AUBURN, FEDERAL WAY, KENT, RENTON, TUKWILA, AND THE PORT OF SEATTLE, FOR CREATION OF THE I. PARTIES II. AUTHORITY III. PURPOSE VALLEY SPECIAL RESPONSE TEAM The parties to this Agreement are the Port of Seattle and the municipalities of Auburn, Federal Way, Kent, Renton, and Tukwila, each of which is a municipal corporation operating under the laws of the State of Washington. This Agreement is entered into pursuant to Chapters 10.93, 39.34, and 53.08 of the Revised Code of Washington. The parties hereto desire to establish and maintain a multi jurisdictional team to effectively respond to serious criminal occurrences as described below. IV. FORMATION There is hereby created a multi jurisdictional team to be hereafter known as the "Valley Special Response Team" "SRT the members of which shall be the Port of Seattle, and the cities of Auburn, Federal Way, Kent, Renton, and Tukwila. As special needs arise, it may be necessary to request from other law enforcement agencies assistance and /or personnel, at the discretion of the SRT Incident Commander and /or the SRT Tactical Commander. V. STATEMENT OF PROBLEM King County and the municipalities within the Puget Sound area have experienced increasingly violent criminal confrontations due to increased gang activity, increased drug abuse, increased urbanization, and increased population densities. The ability to safely control, contain, and resolve criminal conduct such as civil disobedience, barricaded subjects, hostage situations, gang member arrests, high risk felony arrests, and narcotic /high risk search warrants has strained resources of the members' individual police department specialty teams. Law enforcement efforts directed at dealing with these violent confrontations have, for the most part, been conducted by law enforcement agencies working independently. A multi jurisdictional effort to handle specific serious criminal confrontations, as well as weapons of mass destruction, will result in more effective pooling of personnel, improved utilization of municipal funds, reduced duplication of equipment, improved VALLEY SPECIAL RESPONSE TEAM 1 OPERATIONAL AGREEMENT 2 training, development of specialized expertise, and increased utilization /application of a combined special response team. The results of a multi jurisdictional effort will be improved services for the citizens of all participating jurisdictions, increased safety for officers and the community, and improved cost effectiveness. VI. TEAM OBJECTIVES The individual specialty units from each participating jurisdiction will be consolidated and combined to form the SRT. The SRT shall service each participating jurisdiction. The SRT shall also be available to outside law enforcement agencies as provided by chapter 10.93 RCW. The objective of the SRT shall be to provide enhanced use of personnel, equipment, budgeted funds, and training. The SRT shall respond as requested by any of the participating jurisdictions and provide a coordinated response to high -risk incidents. VII. DURATION AND TERMINATION The minimum term of this Agreement shall be one (1) year, effective upon its adoption. This Agreement shall automatically be extended for consecutive one (1) year terms, unless terminated pursuant to the terms of this Agreement. A jurisdiction may withdraw its participation in the SRT by providing written notice of its withdrawal, and serving such notice upon each Executive Board member of the remaining jurisdictions. A notice of withdrawal shall become effective ninety (90) days after service of the notice on all participating members. The SRT may be terminated by a majority vote of the Executive Board. Any vote for termination shall occur only when the police chief of each participating jurisdiction is present at the meeting in which such vote is taken. VIII. GOVERNANCE The affairs of the team shall be governed by an Executive Board "Board whose members are composed of the police chief, or his /her designee, from each participating jurisdiction. Each member of the Board shall have an equal vote and voice on all Board decisions. All Board decisions shall be made by a majority vote of the Board members, or their designees, appearing at the meeting in which the decision is made. A majority of Board members, or their designees, must be present at each meeting for any actions taken to be valid. A presiding officer shall be elected by the Board together with such other officers as a majority of the Board may decide. There shall be a minimum of four (4) Board meetings each year. One meeting shall be held in March of each year to review the prior year's service. Another meeting shall be held in August of each year to review and present a budget to the participating jurisdictions. At least two (2) other meetings shall be held each year to review the SRT's activities and policies. The presiding officer, or any Board member, may call extra meetings as deemed appropriate. The presiding officer shall provide no less than forty -eight (48) hours notice of all meetings to all members of the Board; PROVIDED, VALLEY SPECIAL RESPONSE TEAM 2 OPERATIONAL AGREEMENT 3 however, that in emergency situations, the presiding officer may conduct a telephonic meeting or poll of Board members to resolve any issues related to such emergency. The Board shall develop SRT written policies, regulations, and operational procedures within ninety (90) calendar days of the execution of this Agreement. The SRT written policies, regulations, and operational procedures shall apply to all SRT operations. Thus, to the extent that the written policies, regulations, and operational procedures of the SRT conflict with the policies, regulations, and operational procedures of the individual jurisdictions, the SRT written policies, regulations, and procedures shall prevail. IX. STAFF A Tactical Commander, which shall be a command level officer, shall be appointed annually by the Board to act as the principal liaison and facilitator between the Board and the members of the SRT. The Tactical Commander shall operate under the direction of the presiding officer of the Board. The Tactical Commander shall be responsible for informing the Board on all matters relating to the function, expenditures, accomplishments, training, number of calls that the SRT responds to, problems of the SRT, and any other matter as requested by the Board. The Tactical Commander may be removed by action of the Board at anytime and for any reason, with or without cause. The Tactical Commander shall prepare monthly written reports to the Board on the actions, progress, and finances of the SRT. In addition, the Tactical Commander shall be responsible for presenting rules, procedures, regulations, and revisions thereto for Board approval. Each jurisdiction shall contribute seven (7) full -time commissioned officers, which shall include at least one (1) Sergeant or other first level supervisor, to be assigned to the SRT. The personnel assigned to the SRT shall be considered employees of the contributing jurisdiction. The contributing jurisdiction shall be solely and exclusively responsible for the compensation and benefits for the personnel it contributes to the SRT. All rights, duties, and obligations of the employer and the employee shall remain with the contributing jurisdiction. Each jurisdiction shall be responsible for ensuring compliance with all applicable laws with regard to employees and with provisions of any applicable collective bargaining agreements and civil service rules and regulations. The Board may appoint the finance department of a participating jurisdiction to manage the finances of the SRT. Before appointing the finance department of a particular jurisdiction to manage the finances of the SRT, the Board shall consult with the finance department of the jurisdiction and obtain its approval. The duty of managing the finances of the SRT shall be rotated to other participating jurisdictions at the discretion of the Board. The Board may, at its discretion, appoint one (1) or more legal advisors to advise the Board on legal issues affecting the SRT. The legal advisor(s) shall be the legal representative(s) for one or more of the jurisdictions participating in the SRT. The legal VALLEY SPECIAL RESPONSE TEAM 3 OPERATIONAL AGREEMENT advisor(s) shall, when appropriate or when requested by the Board, consult with the legal representatives of all participating jurisdictions before rendering legal advice. X. COMMAND AND CONTROL During field activation of the SRT, an Incident Commander, SRT Tactical Commander, and SRT Team Leader(s) will be designated. The duties and procedures to be utilized by the Incident Commander, the SRT Tactical Commander, and the SRT Team Leader(s) shall be set forth in the standard operating procedures approved by the Board. The standard operating procedures approved by the board may designate other personnel to be utilized during an incident. XI. EQUIPMENT, TRAINING, AND BUDGET Each participating jurisdiction shall acquire the equipment of its participating SRT members. Each participating jurisdiction shall provide sufficient funds to update, replace, repair, and maintain the equipment and supplies utilized by its participating SRT members. Each participating jurisdiction shall provide sufficient funds to provide for training of its participating SRT members. The equipment, supplies, and training provided by each jurisdiction to its personnel participating in the SRT shall be equal to those provided by the other participating jurisdictions. Each member jurisdiction shall maintain an independent budget system to account for funds allocated and expended by its participating SRT members. The Board must approve any joint capital expenditure for SRT equipment. XII. DISTRIBUTION OF ASSETS UPON TERMINATION Termination shall be in accordance with those procedures set forth in prior sections. Each participating jurisdiction shall retain sole ownership of equipment purchased and provided to its participating SRT members. Any assets acquired with joint funds of the SRT shall be equally divided among the participating jurisdictions at the asset's fair market value upon termination. The value of the assets of the SRT shall be determined by using commonly accepted methods of valuation. If two (2) or more participating jurisdictions desire an asset, the final decision shall be made by arbitration (described below). Any property not claimed shall be declared surplus by the Board and disposed of pursuant to state law for the disposition of surplus property. The proceeds from the sale or disposition of any SRT property, after payment of any and all costs of sale or debts of the agency, shall be equally distributed to those jurisdictions participating in the SRT at the time of dissolution in proportion to the jurisdiction's percentage participation in the SRT as of the date of dissolution. In the event that one (1) or more jurisdictions terminate their participation in the SRT, but the SRT continues to exist, the jurisdiction terminating participation shall be deemed to have waived any right or title to any property owned by the SRT or to share in the proceeds at the time of dissolution. VALLEY SPECIAL RESPONSE TEAM 4 OPERATIONAL AGREEMENT S Arbitration pursuant to this section shall occur as follows: A. The jurisdictions interested in an asset shall select one (1) person (Arbitrator) to determine which agency will receive the property. If the jurisdictions cannot agree to an Arbitrator, the chiefs of the jurisdictions participating in the SRT upon dissolution shall meet to determine who the Arbitrator will be. The Arbitrator may be any person not employed by the jurisdictions that desire the property. B. During a meeting with the Arbitrator, each jurisdiction interested in the property shall be permitted to make an oral and/or written presentation to the Arbitrator in support of its position. C. At the conclusion of the presentation, the Arbitrator shall determine which jurisdiction is to receive the property. The decision of the Arbitrator shall be final and shall not be the subject of appeal or review. XIII. LIABILITY, HOLD HARMLESS, AND INDEMNIFICATION It is the intent of the participating jurisdictions to provide services of the SRT without the threat of being subject to liability to one another and to fully cooperate in the defense of any claims or lawsuits arising out of or connected with SRT actions that are brought against the jurisdictions. To this end, the participating jurisdictions agree to equally share responsibility and liability for the acts or omissions of their participating personnel when acting in furtherance of this Agreement. In the event that an action is brought against any of the participating jurisdictions, each jurisdiction shall be responsible for an equal share of any award for or settlement of claims of damages, fines, fees, or costs, regardless of which jurisdiction or employee the action is taken against or which jurisdiction or employee is ultimately responsible for the conduct. The jurisdictions shall share equally regardless of the number of jurisdictions named in the lawsuit or claim or the number of officers from each jurisdiction named in the lawsuit or claim. This section shall be subject to the conditions and limitations set forth in subsections A through G below. A. Jurisdiction Not Involved In SRT Response. In the event that a jurisdiction or its personnel were not involved in the SRT response to the incident that gives rise to a claim or lawsuit, and judgment on the claim or lawsuit does not, in any manner, implicate the acts of a particular jurisdiction or its personnel, such jurisdiction shall not be required to share responsibility for the payment of the judgment or award. B. Intentionally Wronaful Conduct Beyond the Scooe of Emolovment. Nothing herein shall require, or be interpreted to require indemnification or payment of any judgment against any SRT personnel for intentionally wrongful conduct that is outside of the scope of employment of any individual or for any judgment of punitive damages against any individual or jurisdiction. Payment of any award for punitive damages shall be the VALLEY SPECIAL RESPONSE TEAM 5 OPERATIONAL AGREEMENT sole responsibility of the person or jurisdiction that employs the person against whom such award is rendered. C. Collective Reoresentation and Defense. The jurisdictions may retain joint legal counsel to collectively represent and defend the jurisdictions in any legal action. Those retaining joint counsel shall share equally the costs of such representation or defense. In the event a jurisdiction does not agree to joint representation, the jurisdiction shall be solely responsible for all attorneys fees accrued by its individual representation or defense. The jurisdictions and their respective defense counsel shall make a good faith attempt to cooperate with other participating jurisdictions by, including but not limited to, providing all documentation requested, and making SRT members available for depositions, discovery, settlement conferences, strategy meetings, and trial. D. Removal From Lawsuit. In the event a jurisdiction or employee is successful in withdrawing or removing the jurisdiction or employee from a lawsuit by summary judgment, qualified immunity, or otherwise, the jurisdiction shall nonetheless be required to pay its equal share of any award for or settlement of the lawsuit; PROVIDED, however, that in the event a jurisdiction or employee is removed from the lawsuit and subsection (A) of this section is satisfied, the jurisdiction shall not be required to pay any share of the award or settlement. E. Settlement Process. It is the intent of this Agreement that the jurisdictions act in good faith on behalf of each other in conducting settlement negotiations on liability claims or lawsuits so that, whenever possible, all parties agree with the settlement or, in the alternative, agree to proceed to trial. In the event a claim or lawsuit requires the sharing of liability, no individual jurisdiction shall be authorized to enter into a settlement agreement with a claimant or plaintiff unless all jurisdictions agree with the terms of the settlement. Any settlement made by an individual jurisdiction without the agreement of the remaining jurisdictions, when required, shall not relieve the settling jurisdiction from paying an equal share of any final settlement or award. F. Defense Waiver. This section shall not be interpreted to waive any defense arising out of RCW Title 51. G. Insurance. 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 individual jurisdiction from its obligations under this Agreement. VALLEY SPECIAL RESPONSE TEAM 6 OPERATIONAL AGREEMENT XIV. NOTICE OF CLAIMS, LAWSUITS, AND SETTLEMENTS In the event a claim is filed or lawsuit is brought against a participating jurisdiction or its employees for actions arising out of their conduct in support of SRT operations, the jurisdiction shall promptly notify the other jurisdictions that the claim or lawsuit has been initiated. Any documentation, including the claim or legal complaints, shall promptly be provided to each participating jurisdiction. Any jurisdiction or member who believes or knows that another jurisdiction would be liable for a claim, settlement, or judgment that arises from a SRT action or operation, shall have the burden of notifying each participating jurisdiction of all claims, lawsuits, settlements, or demands made to that jurisdiction. In the event a participating jurisdiction has a right, pursuant to section XIII of this Agreement, to be defended and held harmless by another participating jurisdiction, the jurisdiction having the right to be defended and held harmless shall promptly tender the defense of such claim or lawsuit to the jurisdiction that must defend and hold the other harmless. XV. COMPLIANCE WITH THE LAW The SRT and all its members shall comply with all federal, state, and local laws that apply to the SRT. XVI. ALTERATIONS This Agreement may be modified, amended, or altered by agreement of all participating jurisdictions 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. XVII. RECORDS Each jurisdiction shall maintain training records related to the SRT for a minimum of seven (7) years. A copy of these records will be forwarded and maintained with the designated SRT Training Coordinator. All records shall be available for full inspection and copying by each participating jurisdiction. XVIII. FILING Upon execution hereof, this Agreement shall be filed with the city clerks of the respective participating municipalities, the Director of Records and Elections of King County, the secretary of state, and such other governmental agencies as may be required by law. XIX. 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. VALLEY SPECIAL RESPONSE TEAM 7 OPERATIONAL AGREEMENT 0 XX. MUNICIPAL AUTHORIZATIONS This Agreement shall be executed on behalf of each participating jurisdiction by its duly authorized representative and pursuant to an appropriate resolution or ordinance of the governing body of each participating jurisdiction. 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. By signing below, the signor certifies that he or she has the authority to sign this Agreement on behalf of the jurisdiction, and the jurisdiction agrees to the terms of this Agreement. Mayor, City of Auburn Date City Attorney, City of Auburn Date City Clerk, City of Auburn Date Mayor, City of Renton Date City Attorney, City of Renton Date City Clerk, City of Renton Date Mayor, City of Tukwila Date City Attorney, City of Tukwila Date City Clerk, City of Tukwila Date Mayor, City of Kent Date City Attorney, City of Kent Date City Clerk, City of Kent Date City Manager, City of Federal Way Date City Attorney, City of Federal Way Date City Clerk, City of Federal Way Date Executive Director, Port of Seattle Date Port Counsel, Port of Seattle Date VALLEY SPECIAL RESPONSE TEAM 8 OPERATIONAL AGREEMENT Committee chair approval Finance and Safety Committee April 21, 2003- Present: Joe Duffle, Chair; Jim Haggerton, Richard Simpson Keith Haines, Rhonda Berry, Lucy Lauterbach; Dennis Robertson 1. Valley Special Response Team Interlocal Although the City had already passed an interlocal for the Valley Special Response Team, a new Interlocal is needed because Federal Way is joining the team. The interlocal is largely the same, except the section on liability has changed because Federal Way has a different insurance than the rest of the team members. The city attorneys of the five other jurisdictions are also reviewing this Agreement. Keith said the Valley Special Response team has helped with situations here in Tukwila. The Team Captain this year is Mike Villa from Tukwila. It is he who decides when the Team is needed somewhere. Jim H asked if Sea Tac was interested in joining. Keith said they use King County sheriffs and don't have a police force of their own. The team did ask the sheriff if they wanted to join. It didn't work out then, but may work out in the future. Recommend interlocal agreement to COW. 2. First Ouarter Renorts The committee reviewed the Police reports. Keith said with the Orange alert recently, the force had been busy. He said it's important that they coordinate with neighboring jurisdictions. Investigations is training in the new Regional Automated Information Network. Since Tukwila has helped Seattle police, it will be easy to get help from them if needed. There are currently 69 commissioned officers, with 3 commissioned and 1 non- commissioned person out on military leave. To meet city budget goals the force may be reduced to 68 officers. In the mayor's office, Dennis asked what would happen if Tukwila Village money was not paid back next year. In Human Services, Rhonda said there have been more requests for food, housing, and job placement. The committee asked about adult entertainment and the cost of legal challenges to that. Reschedule. 3. Next Meeting At the next meeting there will be a Mutual Aid Response agreement. Besides following up the first quarter reports, the committee will want a report from Alan D on the 412 Surface Water and the 303 Facilities funds. Information.