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HomeMy WebLinkAboutCOW 2011-02-14 Item 4F.3 - Interlocal Agreement - Valley Civil Disturbance Unit (VCDU) COUNCIL A G 1- NDA SYNOPSIS 0IILA ITEM NO. Initials ?r 1 Meeting Date j Prepared by 1 Mayview I Council review 1' 0 1 02/14/11 DH 1 (-12 I a t r�9� I 02/22/11 1 DH I I .151 f- (3 ITEM 'INFORMATION I CAS NUMBER: 11-019 (STAFF SPONSOR: CHIEF HAYNES (ORIGINAL AGENDA DATE: 2/14/11 AGENDA ITEM Ti'i'is Valley Civil Disturbance Unit Interlocal Agreement (VCDU) C. \1'FGURY Discussion Motion Resolution n Ordinance Bid Award 1 I Public Hearing Other Mtg Date 02/14/11 Mtg Date 02/22/11 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date 1 SPc )NSOR 1 I Council 1 1 Mayor n Adm Svcs DCD Finance n Fire Legal P&R Police PIF SPONSOR'S The VCDU is a multi jurisdictional effort that includes Port of Seattle, Auburn, Federal SUMMARY Way, Kent, Renton and Tukwila. The VCDU was formed to provide an enhanced response to large -scale civil disturbances where the resources of an individual agency may prove insufficient during a protracted and large -scale event. The Council is being asked to approve the Interlocal Cooperative Agreement of the VCDU. RI?VIISWF:D I3Y 1 1 COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Li Utilities Cmte n Arts Comm. 1 1 Parks Comm. Planning Comm. DATE: 2/8/11 COMMILLEE CHAIR: HOUGARDY RECOMMENDATIONS: SPONSOR /ADMIN. Police Department COMMITTEE Unanimous Approval; Forward to Committee of the Whole COST IMPACT FUND 'SOURCE EXIT?NDI l URI? RI Q UIRT D AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: 1 MTG. DATE RECOR ®j .OF COl1NCILACTION 02/14/11 02/22/11 MTG. DATE ATTACHMENTS 02/14/11 Informational Memorandum dated 2/9/11 (Updated after FS meeting) VCDU Interlocal Agreement Minutes from the Finance and Safety Committee meeting of 2/8/11 02/22/11 133 134 4 :4(1LA *w i, �y City of Tukwila a c 4 Jim Haggerton, Mayor 1 MEMORANDUM Y 40$ INFORMATIONAL M TO: Mayor Haggerton Finance and Safety Committee FROM: Bruce Linton, Police Commander DATE: February 9, 2011 SUBJECT: Valley Civil Disturbance Interlocal Agreement (Updated based on discussion at Finance and Safety Committee -See underlined paragraph on Page 2) ISSUE The purpose of this informational memorandum is to request approval of the Tukwila Police Department Civil Disturbance Team to formally participate as a member of and benefit from the enhanced services, training and resources of The Valley Civil Disturbance Unit. BACKGROUND The valley agencies that currently train together as part of this multi jurisdictional effort known as the Valley Civil Disturbance Unit (VCDU) are the Port of Seattle, and the cities of Auburn, Federal Way, Kent, Renton and Tukwila. The VCDU was formed to provide an enhanced response to large -scale civil disturbances where the resources of an individual agency may prove insufficient during a protracted and large -scale event. Many municipalities within the Puget Sound area have experienced periodic large -scale events and civil- disturbances. These disturbances can manifest themselves in the form of civil disobedience, unlawful passive and active demonstrations, as well as riots. In addition, Tukwila and many cities within the valley host large -scale events such as the Tukwila to Seattle Rock N' Roll Marathon, 4th at the Fort, Kent's Cornucopia Days, and many other large sporting events which could require a specialized response during an incident. VCDU agencies have assisted with many planned events as well as scaled responses to civil disturbances throughout the Puget Sound. DISCUSSION Prior to the VCDU initiative, law enforcement agencies have worked independently at dealing with large -scale incidences of civil disturbances and riots. When the response required more that what the individual agency could resource, an uncoordinated call for mutual assistance would occur. The challenges of an uncoordinated response will always result in a significant delay in mitigating the issue as a result of unfamiliarity in procedures, organization and command relationships and command and control of a large group of responders. Benefits from such a coordinated multi- agency partnership would eliminate the above challenges and would result in a more effective pooling of personnel and standardized equipment, improved and standardized training, development of specialized expertise, improved utilization of municipal funds, and an overall increase utilization /application of a combined civil disturbance unit serving each participating jurisdiction. 135 INFORMATIONAL MEMO Page 2 This agreement has been endorsed by the combined Chiefs of Police from all participating agencies. The signed agreements from the following agencies are on file: The City of Renton, The City of Auburn and The City of Kent. The specifics of the agreement are listed in the attached document. During the Finance and Safety and Safety Committee meeting, information was reauested as to the Citv of Tukwila's costs of participating on the CDU Team. In order to maintain a civil disturbance capability of trained officers within the Tukwila Police Department, $5,000.00 or Tess has been budgeted for training and miscellaneous eauipment each near. In addition, each vear, our Civil Disturbance Unit Officers receive 40 hours of specialized training focused on crowd control tactics, crowd psychology. use -of- force, command and control techniques and the legal aspects focused on mitigating liability. RECOMMENDATION The Council is being asked to approve the Interlocal Cooperative Agreement between the cities of Auburn, Federal Way, Kent, Tukwila and The Port of Seattle, for the formal creation and recognition of the Valley Civil Disturbance Unit and consider this item at the February 14, 2011 Committee of the Whole meeting and subsequent February 22, 2011 Regular Meeting. ATTACHMENTS Interlocal Cooperative Agreement 13 6 W:12011 Info Memos\VCDU Memo.doc INTERLOCAL COOPERATIVE AGREEMENT BETWEEN THE CITIES OF AUBURN, FEDERAL WAY, KENT, RENTON, TUKWILA, AND THE PORT OF SEATTLE, FOR CREATION OF THE VALLEY Civil Disturbance Unit I. PARTIES The parties to this Agreement are the Port of Seattle and the cities 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 "RCW III. PURPOSE The parties hereto desire to establish and maintain a multi jurisdictional Valley Civil Disturbance Unit (Valley CDU). IV. FORMATION There is hereby created a mufti-jurisdictional team to be hereafter known as the "Valley Civil Disturbance Unit" "VCDU the members of which shall be the Port of Seattle, and the cities of Auburn, Federal Way, Kent, Renton, Tukwila. The future admission or elimination of a jurisdiction as a member of the VCDU may be accomplished by an addendum to this Agreement. V. STATEMENT OF PROBLEM King County and municipalities within the Puget Sound area have experienced periodic large -scale civil disturbances. These disturbances manifest themselves in the form of civil disobedience, unlawful passive and active demonstrations, as well as riots. Mass arrest situations are likely to result from the aforementioned disturbances. Participants in this unlawful activity, or the tactics they employ will usually out stretch the resources of any one single agency to effectively and efficiently handle the situation. Law enforcement efforts directed at dealing with these types of civil disturbances have, for the most part, been conducted by law enforcement agencies working independently. A multi jurisdictional effort to handle acts of civil disobedience, passive and active demonstrations, as well as riots will result 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 civil disturbance unit. The results will be VALLEY CIVIL DISTURBANCE UNIT 1 INTERLOCAL AGREEMENT 2009 137 improved services for all the participating agencies, increased safety for officers and the community, and improved cost effectiveness. VI. TEAM OBJECTIVES The individual CDU teams from each participating municipality will consolidate into one combined Civil Disturbance Unit, known as "the VCDU servicing each participating jurisdiction. The VCDU shall also be available to outside law enforcement agencies as provided by chapter 10.93 RCW. The objective of the VCDU shall be to provide enhanced use of personnel, equipment, budgeted funds, and training. The VCDU shall respond as requested by any of the participating jurisdiction and provide a coordinated effective resolution to civil disturbance incidents VII. DURATION AND TERMINATION The minimum term of this Agreement shall be one (1) year, effective upon the last signed below. 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 VCDU 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 VCDU may be terminated by a majority vote of the Executive Board. Any vote for termination shall occur only when the police chief, or the designee, 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. Unless otherwise specified in this Agreement, 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. The Board shall meet quarterly or within a month following a VCDU deployment or major training exercise, or as 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 VALLEY CIVIL DISTURBANCE UNIT 2 INTERLOCAL AGREEMENT 2009 138 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 Board shall develop VCDU written policies, regulations, and operational procedures within ninety (90) calendar days of the execution of this Agreement; PROVIDED, any policies, regulations, and operational procedures in effect pursuant to previous joint civil disturbance prevention operations shall remain in effect without action of the Board and until such time as they are subsequently altered by the Board. The VCDU written policies, regulations, and operational procedures shall apply to all VCDU operations. To the extent that the written policies, regulations, and operational procedures of the VCDU conflict with the policies, regulations, and operational procedures of the individual jurisdictions, the VCDU 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 VCDU. 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 events that the VCDU responds to, problems of the VCDU, 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 quarterly written reports to the Board on the actions, progress, and finances (if applicable) of the VCDU. In addition, the Tactical Commander shall be responsible for presenting rules, procedures, regulations, and revisions thereto for Board approval. Each jurisdiction shall contribute a minimum (16) full -time commissioned officers, which shall include at least two (2) Sergeants or other first level supervisor, to be assigned as squad leaders on the VCDU. The personnel assigned to the VCDU 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 VCDU. 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, at its discretion, appoint one (1) or more legal advisors to advise the Board on legal issues affecting the VCDU. 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 VALLEY CIVIL DISTURBANCE UNIT 3 INTERLOCAL AGREEMENT 2009 139 During field activation of the VCDU, an Incident Commander, VCDU Tactical Commander, and VCDU Team Leader(s) will be designated. The duties and procedures to be utilized by the Incident Commander, the VCDU Tactical Commander, and the VCDU 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 VCDU members. Each participating jurisdiction shall provide sufficient funds to update, replace, repair, and maintain the equipment and supplies utilized by its participating VCDU members. Each participating jurisdiction shall provide sufficient funds to provide for training of its participating VCDU members. The equipment, supplies, and training provided by each jurisdiction to its personnel participating in the VCDU 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 VCDU members. The Board must approve any joint capital expenditure for VCDU 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 VCDU members. Any assets acquired with joint funds of the VCDU shall be equally divided among the participating jurisdictions at the asset's fair market value upon termination. The value of the assets of the VCDU 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 VCDU 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 VCDU at the time of dissolution in proportion to the jurisdiction's percentage participation in the VCDU as of the date of dissolution. In the event that one (1) or more jurisdictions terminate their participation in the VCDU, but the VCDU continues to exist, the jurisdiction terminating participation shall be deemed to have waived any right or title to any property owned by the VCDU or to share in the proceeds at the time of dissolution. Arbitration pursuant to this section shall occur as follows: VALLEY CIVIL DISTURBANCE UNIT 4 INTERLOCAL AGREEMENT 2009 140 A. The jurisdictions interested in an asset shall select one (1) person (Arbitrator) to determine which jurisdiction will receive the property. If the jurisdictions cannot agree to an Arbitrator, the chiefs of the jurisdictions participating in the VCDU 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 VCDU 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 VCDU 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 VCDU Response. In the event that a jurisdiction or its personnel were not involved in the VCDU 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 the 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 Scope of Employment. Nothing herein shall require, or be interpreted to require indemnification or sharing in the payment of any judgment against any VCDU 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 VALLEY CIVIL DISTURBANCE UNIT 5 INTERLOCAL AGREEMENT 2009 141 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 VCDU 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 CIVIL DISTURBANCE UNIT 6 INTERLOCAL AGREEMENT 2009 142 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 VCDU 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 VCDU 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 VCDU activities. The lead jurisdiction shall be the jurisdiction within which the VCDU response occurred; PROVIDED, that in the event the jurisdiction within which the VCDU response occurred did not participate in the VCDU response, the lead jurisdiction shall be the jurisdiction within which the incident that required the VCDU response originated. In the event that a jurisdiction that was not involved in the VCDU 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 VCDU Tactical Commander shall assist the lead jurisdiction in responding to a claim. The VCDU Tactical Commander shall be responsible for gathering all records relating to the VCDU 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 VCDU 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 CIVIL DISTURBANCE UNIT 7 INTERLOCAL AGREEMENT 2009 143 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 VCDU 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 VCDU 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 VCDU. 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 VCDU 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 VCDU and each and every officer, agent, or volunteer of those participating jurisdictions. In the event the lead jurisdiction determines that the VCDU 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 VCDU, 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 Adiusters. 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 CIVIL DISTURBANCE UNIT 8 INTERLOCAL AGREEMENT 2009 144 jurisdictions with a letter stating the determination and the bases for such determination. D. Claims over $5,000. Lead Jurisdiction Responsibilities. The lead jurisdiction shall schedule a meeting with all jurisdictions participating in the VCDU 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 Meetina. The jurisdiction that initially receives a lawsuit shall schedule a meeting with all of the jurisdictions participating in the VCDU 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 CIVIL DISTURBANCE UNIT 9 INTERLOCAL AGREEMENT 2009 145 Auburn: Kent: Auburn City Attorney Kent City Attorney 25 West Main Street 220 4 Avenue South Auburn, WA 98001 Kent, WA 98032 (253) 931-3030 (253) 856-5781 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 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 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 Port of Seattle: Federal Wav: Port of Seattle Claims Manager Federal Way City Clerk P.O. Box 1209 P.O. Box 9718 Seattle, WA 98111 Federal Way, WA 98063 Tukwila: Federal Way City Attorney P.O. Box 9718 City Clerk Federal Way, WA 98063 City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98043 WCIA: Renton: Claims Manager Renton Risk Manager WCIA 1055 So. Grady Way P.O. Box 1165 Renton, WA 98057 Renton, WA 98057 XVIII. COMPLIANCE WITH THE LAW The VCDU and all its members shall comply with all federal, state, and local laws that apply to the VCDU. VALLEY CIVIL DISTURBANCE UNIT 10 INTERLOCAL AGREEMENT 2009 146 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 VCDU for a minimum of seven (7) years. 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 county auditor or, alternatively, listed by subject on the website of participating jurisdictions. 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. 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 VALLEY CIVIL DISTURBANCE UNIT 11 INTERLOCAL AGREEMENT 2009 147 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 VCDU- Interlocal v4 12-03-09 FINAL.doc VALLEY CIVIL DISTURBANCE UNIT 12 INTERLOCAL AGREEMENT 2009 148 .1 Lg_ J City of Tukwila Finance and Safety Committee I9Q8 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 i 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 149 Finance Safety Committee Minutes February 8. 2011— Page 2 procedures, organization and command resulting in coordinated and efficient responses. An annual training camp allows the member cities to participate in full operational exercises. In response to the sensitivity regarding the City's budget shortfalls, Committee Member Robertson requested that Chief Haynes provide a cost estimate regarding officer participation in the VCDU in the memo that goes to full Council. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 14 COW FOR DISCUSSION. 4. Ordinance: Police Department Administrative Structure Staff is seeking Council approval of a draft ordinance that will amend the current Tukwila Municipal Code (TMC) in relation to updating the administrative structure of the Police Department, specifically regarding offices, positions and ranks within the Police Department. Although the position classifications listed below were changed in 2005, when Dave Haynes became the Police Chief, it was identified through the Police Department's recent accreditation process that the TMC did not reflect the current titles being used in the Police Department. Captain is now referred to as Assistant Chief Lieutenant is now referred to as Commander e All other positions remain the same. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 14 COW FOR DISCUSSION. B. Update: Sales Tax Report November 2010 Shawn Hunstock reviewed sales tax receipts received through November 2010. He noted that this is the fourth straight month that the City has experienced an increase (5A4 in receipts as compared to the previous year, same time. Sales tax revenues were down 0.32% more than the prior year's actuals. The City continues to be almost 30% below budget for 2010. INFORMATION ONLY. C. 2010 4th Quarter Reports The Committee reviewed the status of program goals as outlined in the 2010 4 Quarter Report, and had no questions. Committee Members were informed that Administration is currently considering other options for reporting out on program goals and other important information in a more efficient and timely manner. INFORMATION ONLY. III. MISCELLANEOUS With the presence of the Police Chief, Committee Member Robertson inquired about the status of reporting out of crime statistics to the Finance Safety Committee. Committee Member Robertson shared information from a recent SeaTac quarterly newsletter regarding a crime reporting website for SeaTac. Chief Haynes explained that staff is currently working on this project and the Committee can expect to see a presentation at a future meeting with a very similar crime reporting tool. Committee Member Robertson also inquired about the possibility of a nuisance ordinance that can assist in addressing concerns in the City, specifically on Tukwila International Boulevard (Highway 99). Chief Haynes reported that he is currently working on this item with other relevant City staff members. He does not have an anticipated schedule of when it may be at Committee for review. Committee Member Hernandez requested that Councilmembers receive the same information that is being distributed to the TIBAC (Tukwila International Boulevard Action Committee) members. In addition to the bar graph usually provided by the Police Department, she specifically referred to information included in the last TIBAC meeting packet regarding a proposal for a Taco Time on Tukwila International Boulevard. Since it is not always information coming from the same source or department, Kimberly Matej asked that 150