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HomeMy WebLinkAboutCOW 2011-02-14 Item 4F.2 - Interlocal Agreement - Update to Valley Special Weapons and Tactics Team (SWAT) Agreement COUNCIL AGENDA SYNOPSIS 104' r ITEM NO. 4S Initials Meeting Date Prepared by Ma f zezv Coy <nc�l review I DM la 4 d 02/22/11 1 DM 1 1 1 f�;' I -a. I i 1 i q F z) i Q ITEM INFORMATION CASNUMBI 11-018 1 STAFF SPONSOR: CHIEF HAYNES ORIGINAL AGENDA DATE: 2/14/11 AGENDA ITEM Tr11.1 Update to Valley SWAT Agreement CA I'ISGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 2/14/11 Mtg Date 2/22/11 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR n Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW/ SPONSOR'S The interlocal agreement providing for the creation of the Valley Special Weapons and SUMMARY Tactics Team needs to be updated to reflect the current membership of the team. A previous participant, the City of Des Moines, has ended their involvement in the agreement. Also, the team has officially changed its name from Valley Special Response Team (SRT) to Valley Special Weapons and Tactics Team (SWAT) RI?\'I BY COW Mtg. CA &P Cmte F &S Cmte 1 Transportation Cmte Utilities Cmte Arts Comm. n Parks Comm. I I Planning Comm. DATE: 2/08/11 COMMITTEE CHAIR: HOUGARDY RECOMMENDATIONS: SPONSOR /ADMIN. Police Department COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST`IMP FUND 'SOURCE EXPI?NDITUR REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED so $o $o Fund Source: Comments: 1 MTG. DATE R E :COR D ''OF COUNCIL`ACTIOIV 02/14/11 MTG. DATE ATTACHMENTS 02/14/11 Informational Memorandum dated 02/02/11 Copy of the updated Interlocal Agreement Original Agreement Minutes from the Finance and Safety Committee Meeting of 02/08/11 02/22/11 100 J ar s y City of Tukwila 0 1 Jim Haggerton, Mayor AZ 90= INFORMATIONAL MEMORANDUM TO: Mayor Haggerton Finance Safety Committee FROM: Dennis McOmber, Police Commander DATE: February 2, 2011 SUBJECT: Updated Valley SWAT Interlocal Agreement ISSUE The interlocal agreement providing for the creation of the Valley Special Weapons and Tactics Team needs to be updated to reflect the current state of the team. BACKGROUND The composition of the cities that make up the Valley SWAT Team has changed. The prior agreement was between the cities of Des Moines, Renton, Kent, Auburn, Federal Way, Port of Seattle, and Tukwila. The City of Des Moines has ended their involvement in the agreement and is no longer participating on the team. In addition, the official name of the team has changed from Valley Special Response Team (VSRT) to the Valley Special Weapons and Tactics Team (SWAT). DISCUSSION The specific changes to the agreement are as follows: Removed the City of Des Moines as a participating agency. 9 Changed the team name from Valley Special Response Team (VSRT) to Valley Special Weapons and Tactics Team (VSWAT). Updated address information on the signature page. These changes are primarily housekeeping items and do not significantly alter the existing agreement. The City Attorney's Office has reviewed the updated agreement. RECOMMENDATION The Council is being asked to consider this item at the February 14, 2011 Committee of the Whole meeting and subsequent February 22, 2011 Regular Meeting. ATTACHMENTS Updated Valley SWAT Interlocal Agreement Original Interlocal Agreement 101 102 INTERLOCAL COOPERATIVE AGREEMENT BETWEEN AUBURN, FEDERAL WAY, KENT, RENTON, TUKWILA, AND THE PORT OF SEATTLE, FOR CREATION OF THE VALLEY SPECIAL WEAPONS AND TACTICS TEAM I. PARTIES 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. II. AUTHORITY This Agreement is entered into pursuant to Chapters 10.93, 39.34, and 53.08 of the Revised Code of Washington. III. PURPOSE The parties hereto desire to establish and maintain a multi- jurisdictional SWAT Team to effectively respond to high risk criminal occurrences as described below. IV. FORMATION There is hereby created a multi jurisdictional Team to be hereafter known as the "Valley Special Weapons and Tactics Team" "VSWAT the members of which shall be the Port of Seattle, and the cities of Auburn, Federal Way, Kent, Renton, and Tukwila. The SWAT Team has been in existence for some time, and this Agreement is being re- entered into in order to remove the City of Des Moines as a SWAT Team member. The future admission or elimination of a jurisdiction as a member of the SWAT Team may be accomplished by an addendum to this agreement. V. STATEMENT OF PROBLEM King County and the municipalities within the Puget Sound area 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. 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' individual police departments. Law enforcement efforts directed at dealing with these high risk criminal incidents have, for the most part, been conducted by law enforcement agencies working independently. VALLEY SWAT TEAM 08 -19 -2010 INTERLOCAL AGREEMENT Page 1 103 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 funds, reduced duplication of equipment, improved training, development of specialized expertise, and increased utilization /application of a combined special response team. This results in 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 VSWAT Team. The SWAT Team shall service each participating jurisdiction. The VSWAT Team may also be available to outside law enforcement agencies as provided by chapter 10.93 RCW, The objective of the VSWAT Team 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 VSWAT Team shall respond as requested by any of the participating jurisdictions and provide a coordinated response to high -risk 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 VSWAT Team Incident Commander and /or the VSWAT Team Tactical Commander. VII. DURATION AND TERMINATION The minimum term of this Agreement shall be one (1) year, effective upon its adoption. This Agreement shall automatically extend for consecutive one (1) year terms without action of the legislative bodies of the participating jurisdictions, unless and until terminated pursuant to the terms of this Agreement. A jurisdiction may withdraw its participation in the VSWAT Team 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 VSWAT Team 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. VALLEY SWAT TEAM 08 -19 -2010 INTERLOCAL AGREEMENT Page 2 104 The Board shall meet monthly, unless otherwise determined by the Board. 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, however, that in emergency situations, the presiding officer may conduct a telephonic meeting or a poll of individual Board members to resolve any issues related to such emergency. The policies, regulations, and operational procedures in effect pursuant to the previous interlocal agreement shall be in effect without action of the Board and until such time as they are subsequently altered by the Board. The VSWAT Team written policies, regulations, and operational procedures shall apply to all VSWAT Team operations. Thus, to the extent that the written policies, regulations, and operational procedures of the VSWAT Team conflict with the policies, regulations, and operational procedures of the individual jurisdictions, the VSWAT Team 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 VSWAT Team. 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 VSWAT Team responds to, problems of the VSWAT Team, 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 VSWAT Team. In addition, the Tactical Commander shall be responsible for presenting rules, procedures, regulations, and revisions thereto for Board approval. Each jurisdiction shall contribute six (6) full -time commissioned officers, which shall include at least one (1) Sergeant or other first level supervisor, to be assigned to the VSWAT Team. Board approval must be obtained for the jurisdiction to assign less than this staffing requirement. The personnel assigned to the VSWAT Team 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 VSWAT Team. 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 VSWAT Team. Before appointing the finance department of a particular jurisdiction to manage the finances of the VSWAT Team, the Board shall VALLEY SWAT TEAM 08 -19 -2010 INTERLOCAL AGREEMENT Page 3 1 05 consult with the finance department of the jurisdiction and obtain its approval. The duty of managing the finances of the VSWAT Team 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 VSWAT Team. The legal 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 VSWAT Team, an Incident Commander, VSWAT Team Tactical Commander, and VSWAT Team Team Leader(s) will be designated. The duties and procedures to be utilized by the Incident Commander, the VSWAT Team Tactical Commander, and the VSWAT Team 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 VSWAT Team members. Each participating jurisdiction shall provide sufficient funds to update, replace, repair, and maintain the equipment and supplies utilized by its participating VSWAT Team members. Each participating jurisdiction shall provide sufficient funds to provide for training of its participating VSWAT Team members. The equipment, supplies, and training provided by each jurisdiction to its personnel participating in the VSWAT Team shall, unless otherwise determined by the Board, 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 VSWAT Team members. The Board must approve any joint capital expenditure for VSWAT Team 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 VSWAT Team members. Any assets acquired with joint funds of the VSWAT Team shall be equally divided among the participating jurisdictions at the asset's fair market value upon termination. The value of the assets of the VSWAT Team 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 VALLEY SWAT TEAM 08 -19 -2010 INTERLOCAL AGREEMENT Page 4 1 06 any VSWAT Team 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 VSWAT Team at the time of dissolution in proportion to the jurisdiction's percentage participation in the VSWAT Team as of the date of dissolution. In the event that one (1) or more jurisdictions terminate their participation in the VSWAT Team, but the VSWAT Team continues to exist, the jurisdiction terminating participation shall be deemed to have waived any right or title to any property owned by the VSWAT Team or to share in the proceeds at the time of dissolution. 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 VSWAT Team 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 VSWAT Team 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 VSWAT Team 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 VSWAT Team Resoonse. In the event that a jurisdiction or its personnel were not involved in the VSWAT Team 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. VALLEY SWAT TEAM 08 -19 -2010 INTERLOCAL AGREEMENT Page 5 1 07 B. Intentionally Wrongful Conduct Beyond the Scope of Employment. Nothing herein shall require, or be interpreted to require indemnification or sharing in the payment of any judgment against any VSWAT Team 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 sole responsibility of the person or jurisdiction that employs the person against whom such award is rendered. C. Collective Representation and Defense. The jurisdictions may retain joint legal counsel to collectively represent and defend the jurisdictions in any legal action. Those jurisdictions 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 VSWAT Team 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. VALLEY SWAT TEAM 08 -19 -2010 INTERLOCAL AGREEMENT Page 6 10 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. 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 VSWAT Team 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 VSWAT Team 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. PROCESSING OF CLAIMS. A. Designation of Lead Jurisdiction. There shall be a lead jurisdiction for processing a claim that is filed with and against cities for alleged damages and injuries that occur as a result of VSWAT Team activities. The lead jurisdiction shall be the jurisdiction within which the VSWAT Team response occurred; PROVIDED, that in the event the jurisdiction within which the VSWAT Team response occurred did not participate in the VSWAT Team response, the lead jurisdiction shall be the jurisdiction within which the incident that required the VSWAT Team response originated. In the event that a jurisdiction that was not involved in the VSWAT Team response receives the claim, that jurisdiction shall notify the other jurisdictions in accordance with Section XIV of this Agreement, and shall use its best efforts to determine who is the appropriate lead jurisdiction. B. Assistance of Tactical Commander. The VSWAT Team Tactical Commander shall assist the lead jurisdiction in responding to a claim. The VSWAT Team Tactical Commander shall be responsible for gathering all records relating to the VSWAT Team 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 jurisdictions that participated in the VSWAT Team response. The Tactical Commander shall also provide a list of personnel who participated in the response and their contact information. The Tactical Commander shall deliver all copies of the records to the lead jurisdiction promptly upon request. VALLEY SWAT TEAM 08 -19 -2010 INTERLOCAL AGREEMENT Page 7 109 C. Claims of $5,000 or Less. Lead Jurisdiction Responsibilities. The lead jurisdiction shall be responsible for working with the Tactical Commander to gather records relating to the VSWAT Team response. The lead jurisdiction shall provide records to its insurance provider and shall assist its insurance provider in assessing liability for acts associated with the claim. The lead jurisdiction shall notify the other jurisdictions of any determinations as to liability. In determining whether a claim should be paid, the lead jurisdiction and its insurance provider shall, at a minimum, consider the potential legal defenses to the claim and the costs of defending the claim. ii. Liability Determination Apportionment of Damages. The lead jurisdiction, with the assistance of its insurance provider and risk manager, shall determine whether the VSWAT Team is liable for damages set forth in a claim, and whether the payment of the claim would be in the best interest of the jurisdictions and /or the VSWAT Team. In the event the lead jurisdiction determines that payment of a claim is appropriate, such determination shall be final and binding upon other jurisdictions and payment shall be apportioned equally among all jurisdictions that participated in the VSWAT Team response. The insurance provider for the lead jurisdiction shall provide full payment to the claimant, and each jurisdiction that participated in the response shall reimburse the insurance provider for its equal share of such payment. Prior to the payment of any claim, and as a condition of such payment, the insurance provider providing payment shall obtain from the claimant a complete and total release of liability on behalf of all jurisdictions participating in the VSWAT Team and each and every officer, agent, or volunteer of those participating jurisdictions. In the event the lead jurisdiction determines that the VSWAT Team is not liable for damages set forth in a claim or that the payment of the claim would not be in the best interest of the jurisdictions and /or the VSWAT Team, the lead jurisdiction shall notify the other jurisdictions of the determination, and such determination shall be binding on the other jurisdictions; PROVIDED, that another jurisdiction that determines that payment is appropriate may pay such claim in full, and shall not seek reimbursement from the other participating jurisdictions. iii. Letter From insurance Adjusters. In the event a lead jurisdiction, in conjunction with its insurance provider, determines that payment of a claim is appropriate, the insurance provider shall provide each of the participating VALLEY SWAT TEAM 08 -19 -2010 INTERLOCAL AGREEMENT Page 8 110 jurisdictions with a letter stating the determination and the bases for such determination. D. Claims over $5,000. i. Lead Jurisdiction Responsibilities. The lead jurisdiction shall schedule a meeting with all jurisdictions participating in the VSWAT Team to discuss the claim and to determine the appropriate manner in which to respond and /or defend the claim. The Board and persons listed in Section XVII of this Agreement shall be notified of the meeting. XVI. PROCESSING OF LAWSUITS. A. Notification to Other Jurisdictions. In the event a jurisdiction is served with a lawsuit, that jurisdiction shall provide notice and documentation of the lawsuit to each of the other jurisdictions in accordance with Section XIV of this Agreement. B. Coordination of Initial Meeting. The jurisdiction that initially receives a lawsuit shall schedule a meeting with all of the jurisdictions participating in the VSWAT Team to discuss the lawsuit and to determine the appropriate manner within which to respond and /or defend the lawsuit. The Board and persons listed in Section XVII of this Agreement shall be notified of the meeting. XVII. NOTIFICATION OF CLAIMS AND LAWSUITS. Section XIV of this Agreement requires that the jurisdiction receiving a claim or lawsuit notify the other jurisdictions of the claim or lawsuit and provide documentation of that claim or lawsuit to the other jurisdictions. Nothing in this Agreement shall be deemed a waiver by any participating jurisdiction of the requirements set forth in Chapter 4.96 RCW, and the fact that a participating jurisdiction provides notice or copies of a claim to another jurisdiction shall not be deemed compliance with the requirement that a party who files suit against a jurisdiction first file a claim with the jurisdiction in accordance with Chapter 4.96 RCW. Moreover, nothing in this Agreement shall be deemed acceptance of service of a lawsuit, and the fact that a participating jurisdiction provides notice or copies of a lawsuit to another jurisdiction shall not be deemed adequate service of such lawsuit in accordance with the State or Federal Rules of Civil Procedure or the Revised Code of Washington. For the purposes of implementing Section XIV of this Agreement, the following persons from each jurisdiction shall receive any required notification or documentation: VALLEY SWAT TEAM 08 -19 -2010 INTERLOCAL AGREEMENT Page 9 1 1 1 Auburn: Kent: Auburn City Attorney Kent City Attorney 25 West Main Street 220 4th Avenue South Auburn, WA 98001 Kent, WA 98032 (253) 931 -3030 (253) 856 -5781 Auburn Police Chief Kent Risk Manager 340 East Main Street „Suite 201 220 4 th Avenue South Auburn, WA 98002 Kent, WA 98032 (253) 931 -3080 (253) 856 -5285 Auburn Human Resources Kent City Clerk Director /Risk Manager 220 4 th Avenue South 25 West Main Street Kent, WA 98032 Auburn, WA 98001 (253) 856 -5728 (253) 931 -3040 Auburn City Clerk Kent Police Chief 25 West Main Street 220 4 th Avenue South Auburn, WA 98001 Kent, WA 98032 (253) 931 -3039 (253) 856 -5888 Port of Seattle: Federal Wav: Port of Seattle Claims Manager Federal Way City Clerk P.O. Box 68727 33325 8 th Avenue South Seattle, WA 98168 Federal Way, WA 98003 Tukwila: Federal Way City Attorney 33325 8 th Avenue South City Clerk Federal Way, WA 98003 City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 WCIA: Renton: Claims Manager Renton Risk Manager WCIA 1055 So. Grady Way P.O. Box 1165 Renton, WA 98057 Renton, WA 98057 CIAW: Director of Claims Canfield Associates, Inc. 451 Diamond Drive Ephrata, WA 98823 VALLEY SWAT TEAM 08 -19 -2010 INTERLOCAL AGREEMENT Page 10 112 I XVIII. COMPLIANCE WITH THE LAW The VSWAT Team and all its members shall comply with all federal, state, and local laws that apply to the VSWAT Team. XIX. 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 XXIII of this Agreement. XX. RECORDS Each jurisdiction shall maintain training records related to the VSWAT Team for a minimum of seven (7) years. A copy of these records will be forwarded and maintained with the designated VSWAT Team Training Coordinator. All records shall be available for full inspection and copying by each participating jurisdiction. XXI. FILING Upon execution hereof, this Agreement shall be filed with the city clerks of the respective participating municipalities, and such other governmental agencies as may be required by law. XXII. 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. XXIII. 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. VALLEY SWAT TEAM 08 -19 -2010 INTERLOCALAGREEMENT Page 11 113 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 Dat 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 Chief Executive Officer, Port of Seattle Date Port Counsel, Port of Seattle Date VALLEY SWAT TEAM 08 -19 -2010 INTERLOCAL AGREEMENT Page 12 11 CAG -03 -080 Adden #1 -05 ADDENDUM ONE TO THE VALLEY SPECIAL RESPONSE TEAM INTERLOCAL COOPERATIVE AGREEMENT BETWEEN THE CITIES OF AUBURN, FEDERAL WAY, KENT, RENTON, TUKWILA, THE PORT OF SEATTLE THIS ADDENDUM ONE is made between the cities of Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle, all Washington municipal corporations, and amends the Valley Special Response Team Interlocal Cooperative Agreement, dated effective November 13, 2003 WITNESSETH WHEREAS, the cities of Auburn, Federal Way, Kent, Renton, Tukwila and the Port of Seattle I entered into an interlocal cooperative agreement, in accordance with Chs 10 93, 39 34, and 53 08 of the Revised Code of Washington in order to establish and maintain a multi jurisdictional team to effectively respond to serious criminal occurrences as described within that agreement; and WHEREAS, this multi- jurisdictional team is known as the Valley Special Response Team ("SRT"), and WHEREAS, from time to time, claims and lawsuits are filed with and against the jurisdictions that participate in the SRT for alleged damages and injuries that occur as a result of SRT activities, and WHEREAS, it is acknowledged that claims and lawsuits may be filed against jurisdictions that did not participate in the SRT response that gave rise to the claim or lawsuit or that a claim or lawsuit may be filed against a jurisdiction that is not in the best position to coordinate a response to the claim or lawsuit; and WHEREAS, the jurisdictions participating in the SRT have elected to enter into this Addendum One in order to establish a process that will assist them in processing and responding to claims and lawsuits in a matter that best meets the purposes and policies of the Interlocal Agreement; NOW THEREFORE, the cities of Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle agree as follows PROCESSING OF CLAIMS A. Designation of Lead Jurisdiction There shall be a lead jurisdiction for processing a claim that is filed with and against cities for alleged damages and injuries that occur as a result of SRT activities The lead jurisdiction shall be the jurisdiction within which the SRT response occurred, PROVIDED, that in the event the jurisdiction within which the SRT response occurred did not participate in the SRT response, the lead jurisdiction shall be the jurisdiction within which the incident that required the SRT response originated In the ADDENDUM ONE TO THE VALLEY SRT (August 20, 200 AGREEMENT 1 of 6 ENTD OCT 0 2005 11 5 event that a jurisdiction that was not involved in the SRT response receives the claim, that jurisdiction shall notify the other jurisdictions in accordance with Section XIV of the Agreement and this Addendum and shall use its best efforts to determine who is the appropriate lead jurisdiction B. Assistance of Tactical Commander The SRT Tactical Commander shall assist the lead jurisdiction in responding to a claim The SRT Tactical Commander shall be responsible for gathering all records relating to the SRT 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 jurisdictions that participated in the SRT response The Tactical Commander shall also provide a list of personnel who participated in the response and their contact information The Tactical Commander shall deliver all copies of the records to the lead jurisdiction promptly upon request. C Claims of $5,000 or Less. Lead Jurisdiction Responsibilities. The lead jurisdiction shall be responsible for working with the Tactical Commander to gather records relating to the SRT response The lead jurisdiction shall provide records to its insurance provider and shall assist its insurance provider in assessing liability for acts associated with the claim. The lead jurisdiction shall notify the other jurisdictions of any determinations as to liability In determining whether a claim should be paid, the lead jurisdiction and its insurance provider shall, at a minimum, consider the potential legal defenses to the claim and the costs of defending the claim. ij. Liability Determination Apportionment of Damages The lead jurisdiction, with the assistance of its insurance provider and risk manager, shall determine whether the SRT is liable for damages set forth in a claim, and whether the payment of the claim would be in the best interest of the jurisdictions and /or the SRT In the event that the lead jurisdiction determines that payment of a claim is appropriate, such determination shall be final and binding upon other jurisdictions and payment shall be apportioned equally among all jurisdictions that participated in the SRT response. The insurance provider for the lead jurisdiction shall provide full payment to the claimant, and each jurisdiction that participated in the response shall reimburse the insurance provider for its equal share of such payment. Prior to the payment of any claim, and as a condition of such payment, the insurance provider providing payment shall obtain from the claimant a complete and total release of liability on behalf ADDENDUM ONE TO THE VALLEY SRT INTERLOCAL AGREEMENT 2 of 6 (August 20, 2004) 116 of all jurisdictions participating in the SRT and each and every officer, agent, or volunteer of those participating jurisdictions In the event that the lead jurisdiction determines that the SRT is not liable for damages set forth in a claim or that the payment of the claim would not be in the best interest of the jurisdictions and /or the SRT, the lead jurisdiction shall notify the other jurisdictions of the determination, and such determination shall be binding on the other jurisdictions, provided, that another jurisdiction that determines that payment is appropriate may pay such claim in full, and shall not seek reimbursement from the other participating jurisdictions Letter From Insurance Adjusters In the event that a lead jurisdiction, in conjunction with its insurance provider, determines that payment of a claim is appropriate, the insurance provider shall provide each of the participating jurisdictions with a letter stating the determination and the bases for such determination Claims over $5,000 i. Lead Jurisdiction Responsibilities The lead jurisdiction shall schedule a meeting with all jurisdictions participating in the SRT to discuss the claim and to determine the appropriate manner in which to respond and /or defend the claim The SRT Board members and persons listed in Section IV of this Addendum shall be notified of the meeting 11 PROCESSING OF LAWSUITS. A. Notification to Other Jurisdictions. In the event that a jurisdiction is served with a lawsuit, that jurisdiction shall provide notice and documentation of the lawsuit to each of the other jurisdictions in accordance with Section XIV of the SRT Agreement and this Addendum. B. Coordination of Initial Meeting. The jurisdiction that initially receives a lawsuit shall schedule a meeting with all of the jurisdictions participating in the SRT to discuss the lawsuit and to determine the appropriate manner within which to respond and /or defend the lawsuit. The SRT Board members and persons listed in Section Ill of this Addendum shall be notified of the meeting 111 NOTIFICATION OF CLAIMS AND LAWSUITS Section XIV of the SRT Agreement requires that the jurisdiction receiving a claim or lawsuit notify the other jurisdictions of the claim or lawsuit and provide documentation 6f that claim or lawsuit to the other jurisdictions In addition, the procedures set forth in this Addendum require notification to participating jurisdictions Nothing in the Agreement or this Addendum shall be deemed a ADDENDUM ONE TO THE VALLEY SRT INTERLOCAL AGREEMENT 3 of 6 (August 20, 2004) 1 17 waiver by any participating jurisdiction of the requirements set forth in Chapter 2.96 RCW, and the fact that a participating jurisdiction provides notice or copies of a claim to another jurisdiction shall not be deemed compliance with the requirement that a party who files suit against a jurisdiction first file a claim with the jurisdiction in accordance with Chapter 2.96 RCW Moreover, nothing in the Agreement or this Addendum shall be deemed acceptance of service of a lawsuit, and the fact that a participating jurisdiction provides notice or copies of a lawsuit to another jurisdiction shall not be deemed adequate service of such lawsuit in accordance with the State or Federal Rules of Civil Procedure or the Revised Code of Washington For the purposes of implementing Section XIV of the Agreement and the procedures set forth in this Addendum, the following persons from each jurisdiction shall receive any required notification or documentation Auburn Kent: Daniel B Heid Arthur Pat Fitzpatrick Auburn City Attorney Kent Deputy City Attorney 25 West Main Street 2204 Avenue South Auburn, WA 98001 Kent, WA 98032 (253) 856 -5781 (253) 931 -3030 ofitzoatrickeci. kent.wa. us dheidOci.auburn.wa_us Jim Kelly Chris Hills Auburn Police Chief Kent Risk Manager 101 N Division 220 4 Avenue South Auburn, WA 98001 Kent, WA 98032 (253) 931 -3080 (253) 856 -5285 ikellv(d ci.auburn.wa.us chillsna ci.kent.wa.us Breqda Heineman Brenda Jacober Auburn Human Resources Kent City Clerk Director /Risk Manager 220 4 Avenue South 25 West Main Street Kent, WA 98032 Auburn, WA 98001 (253) 856 -5728 (253) 931 -3040 biacoberanci.kent.wa.us bheinemanOci.auburn.wa.us Danielle E. Daskam Ed Crawford Auburn City Clerk Kent Police Chief 25 West Main Street 220 4 Avenue South Auburn, WA 98001 Kent, WA 98032 (253) 931 -3039 (253) 856 -5888 ddaskamOci.auburn.wa.us ecrawford(a�ci.kent.wa.us ADDENDUM ONE TO THE VALLEY SRT INTERLOCAL AGREEMENT 4 of 6 (August 20, 2004) 118 Kent (cont.). Dave Santos Kent Police Support Services Mgr 220 4' Avenue South Kent, WA 98032 dsantos anci.kent.wa.us Federal Way' Renton. City Clerk Mike Webby City of Federal Way Renton Risk Manager P 0 Box 9718 1055 So Grady Way Federal Way, WA 98063 Renton, WA 98055 Patricia,Richardson Port of Seattle Federal Way Q.ity: Attprney City o- Federal Way Peggy McPartland P 0 Box 9718 Port of Seattle Claims Manager Federal Way, WA 98063 P 0 Box 1209 Seattle, WA 98111 mcoartland. oBoortseattle. orq Tukwila. CIAW City Clerk Phillip M Riche City of Tukwila Director of Claims 6200 Southcenter Blvd Canfield Associates, Inc. Tukwila, WA 98043 451 Diamond Drive Ephrata, WA 98823 orichec Canfield- associates.com WCIA. Peg Campbell Claims Manager WCIA P O Box 1165 Renton, WA 98057 peac(wciapool.orq IV CONFLICT WITH AGREEMENT If any provision of this Addendum conflicts with the provisions of the Agreement, the terms of the Agreement shall control. ADDENDUM ONE TO THE VALLEY SRT INTERLOCAL AGREEMENT 5 of 6 (August 20, 2004) 119 V EFFECTIVE DATE. This Addendum shall become effective upon the last date of execution by the last authorized representative VI REMAINING PROVISIONS. Except as specifically amended, all provisions of the Agreement shall remain in full force and effect. 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 Addendum, Mayor, City of Auburn Date City Attorney, City of Auburn Date City Clerk, City of Auburn Date e(A4 K-e-rVe-e-1- Lit)-Q5J- tA 01 4 4 0 43 A0 -er?l i a -A g /i 5 k Mayor,. ity of Renton Date City Attorney, City of Renton Date )&7t--fru-e, lik-er-en 04_5 Cit .lerk, City of Renton ate Mayo City of Tukwila z. Date l[y Attor ity oqukwila Date L .L.-6C i 11. t L.�. r L.- City clerk, City of Tukwila Date Mayor, City of Kent Date City Attorney, City of Kent Date City ♦1erk, Kent Date Amy 4. _,-7 /2,_e_41 f ty Manbger, Cit of Fed- al Way/ �jD City Atto ey, City of Federal Way I DI e Airtki.a.: `1 IF iz. S13I W 1erk City of Federal -y' ate Executive Director, Port of Seattle Date Port Counsel, Port of Seattle Date P.1CI,WFLES'OP.. .'a/ ]miairN- Wen..dee ADDENDUM ONE TO THE VALLEY SRT INTERLOCAL AGREEMENT 6 of 6 (August 20, 2004) 120 /CSC INTERLOCAL COOPERATIVE AGREEMENT BETWEEN AUBURN, FEDERAL WAY, KENT, RENTON, TUKWILA, AND THE PORT OF SEATTLE, FOR CREATION OF THE VALLEY SPECIAL RESPONSE TEAM 1 PARTIES 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 11 AUTHORITY This Agreement is entered into pursuant to Chapters 10 93, 39 34, and 53 08 of the Revised Code of Washington 111 PURPOSE 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 equi ment, improved VALLEY SPECIAL RESPONSE TEAM 1 equi cf OPERATIONAL AGREEMENT O R G \I A L 5 121 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 ROW 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 122 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 1 23 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 124 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 Resoonse 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 Wrongful Conduct Beyond the Scope of Employment. 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 125 sole responsibility of the person or jurisdiction that employs the person against whom such award is rendered C Collective Representation 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 126 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. SEVERAEILITY 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 127 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 P.cniNllESnp.wFMbiOt WTwwM1xY/.pMwYMFM.IWaM1deo VALLEY SPECIAL RESPONSE TEAM 8 OPERATIONAL AGREEMENT 128 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 Cl City of Auburn Date .5" a 2,? Pa L, 3z.ta -0 3 Mayo City of Renton Date City Attorney, City of REirdon Date i ?1,1Ax J L)a. ot- 5- 2- 3 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 P:laelPF IlE5K1P.nFo., W 766. W AT4nbrbcaUg rR.v4 NFIn.1Uw.ftdoc VALLEY SPECIAL RESPONSE TEAM 8 OPERATIONAL AGREEMENT 129 X.X. 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 pate 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 r'1 City Clerk, City Fe al Way Date 442 i-r,s-77x-z_e_)6-04.-03 7-4 ik/but 6--ay.e23 xeduti've Director, Port of Seattle Date otinsel, Port f Seattle Date VALLEY SPECIAL RPSPONSE TEAM 8 OPERATIONAL AGREEMENT 130 XX. MUNICIPAL AUTHORIZATIONS This Agreement shall be executed on behalf of each particip'atl 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 ti;- ju .i ction agrees to the terms ofthi W9A3 Mayor, City of uburn Date ity Attortiey, 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 Attomey, City of Federal Way Date City Clerk, City of Federal Way Date Executive Director, Port of Seattle 'Date Port Counsel, Port of Seattle Date P- 1W66HE In OMSWATinrocat .'"bJpllE.s VALLEY SPECIAL RESPONSE TEAM 8 OPERATIONAL AGREEMENT 131 J q ;.�f sy� City of Tukwila Q 3�� 2 Finance and Safety Committee 1;'90,6'- FINANCE AND SAFETY COMMITTEE Meeting Minutes February 8, 2011 5.:00 p.m.; Conference Room #3 PRESENT Councilmembers: Kathy Hougardy, Chair; Joan Hernandez and Dennis Robertson Staff: Shawn Hunstock, Nick Olivas, Dave Haynes and Kimberly Matej CALL TO ORDER: Chair Hougardy called the meeting to order at 5:01 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Police Department Items Staff has several items as listed below for which they are seeking Council approval. 1. Valley Narcotics Enforcement Team (VNET) Interlocal Agreement Addendum No. 1 Staff is seeking Council approval of Addendum No. 1 to the Valley Narcotics Enforcement Team (VNET) which will allow the City of Seattle to join the Team as a full member. Currently, this multi jurisdictional Team investigates and enforces laws relating to controlled substances. VNET consists of the following members cities: Auburn, Federal Way, Kent, Renton, Tukwila and the Port of Seattle. The addition of Seattle as a full member will add to the Team's effectiveness and expertise. All terms of the interlocal will remain the same with the exception of adding the City of Seattle as a member city as well as listing Seattle for notification of relevant claims and lawsuits. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 14 COW FOR DISCUSSION. 2. Valley Special Weapons and Tactics (SWAT) Team Interlocal Agreement Update Staff is seeking Council approval to enter into an interlocal agreement between the following cities: Renton, Kent, Federal Way, Tukwila and the Port of Seattle for the creation of the Valley Special Weapons and Tactics (SWAT) Team. This Team currently exists under the name of Valley Special Response Team (VSRT), and also includes the City of Des Moines. The new agreement will remove Des Moines as a member city, change the name from VSRT to SWAT, and update address information. All other terms of the agreement remain the same. The City Attorney has reviewed the updated agreement. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 14 COW FOR DISCUSSION. 3. Valley Civil Disturbance Unit: Interlocal Agreement Staff is seeking Council approval to enter into an interlocal agreement with the cities of Auburn, Federal Way, Kent, Tukwila and Renton for the creation of the Valley Civil Disturbance Unit (VCDU). The VCDU provides a multi jurisdictional response to large scale events (i.e.: Rock N' Roll marathon and other large sporting events) and/or civil disturbances (i.e.: demonstrations and riots). The VCDU has been in existence since the late 1990s, but has operated in a mutual aid fashion. This interlcoal agreement will be the first formal agreement regarding and formally creating the VCDU. Benefits include but are not limited to: enhanced services, training, resources and known and familiar 132