HomeMy WebLinkAbout11-087 - Valley Cities - Special Weapons and Tactics Team (SWAT)1.1-087(a2)
Council Approval 5/4/20 by Res. #1.986
ADDENDUM I: TO THE
INTERLOCAL COOPERATIVE AGREEMENT BETWEEN AUBURN,
FEDERAL WAY, KENT, RENTON, TUKWILA, AND THE PORT OF SEATTLE, FOR
THE CREATION OF THE VALLEY SPECIAL WEAPONS AND TACTICS TEAM
WHEREAS, the document dated August 19, 2010 entitled "Interlocal Cooperative
Agreement (ILA) between Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle,
for creation of the Valley Special Weapons and Tactics (SWAT) Team" was executed by the
participating jurisdictions for the purpose of establishing and maintaining a multi jurisdictional
SWAT Team to respond to high risk criminal occurrences, and
WHEREAS, pursuant to Section IV of the Agreement, the future admission of a
jurisdiction as a member of the SWAT Team may be accomplished by an addendum to the
agreement, and
WHEREAS, the City of Des Moines has petitioned the Executive Board for membership
and has received unanimous approval subject to approval of this Addendum;
NOW, THEREFORE, in consideration of the foregoing, THE PARTIES HERETO
AGREE as follows:
Pursuant to the approval and execution of this Addendum, the City of Des Moines will be
admitted as a member of the Valley SWAT Team subject to the terms of the existing Valley
SWAT Team Interlocal Agreement.
Except as modified hereby, all other terms and conditions of the Valley SWAT Team
Interlocal Agreement remain in full force and effect.
This Addendum shall be executed on behalf of the City of Des Moines and each
participating jurisdiction by its authorized representative pursuant to an appropriate resolution or
ordinance of the governing body of the City of Des Moines and each participating jurisdiction.
This Addendum shall be deemed effective upon the last date of execution by the last authorized
representative. This Addendum may be executed by counterparts and be valid as if each
representative had signed the original document.
By signing below, the signor certifies that he or she has the authority to sign this Addendum
on behalf of the jurisdiction, and the jurisdiction agrees to the terms of this Addendum.
Valley Special Weapons and Tactics
Team Interlocal Agreement Addendum 1
1:04103131
1:04103131
Chief Executive Officer, Port of Seattle Date Port Counsel, Port of Seattle
Date
Valley Special Weapons and Tactics
Team Interlocal Agreement Addendum 1
Ref: 11-087
Council Approval 5/4/20
City of Tukwila
Washington
Resolution No.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, APPROVING ADMISSION OF
THE CITY OF DES MOINES AS A MEMBER OF THE VALLEY
SWAT TEAM SUBJECT TO THE TERMS OF THE EXISTING
INTERLOCAL COOPERATIVE AGREEMENT BETWEEN
AUBURN, FEDERAL WAY, KENT, RENTON, TUKWILA, AND
THE PORT OF SEATTLE FOR THE CREATION OF THE
VALLEY SPECIAL WEAPONS AND TACTICS (SWAT) TEAM.
WHEREAS, in 2011, the municipalities of Auburn, Federal Way, Kent, Renton,
Tukwila, and the Port of Seattle executed an Interlocal Cooperative Agreement (ILA) for
the purpose of establishing and maintaining a multi -jurisdictional Valley Special Weapons
and Tactics (SWAT) Team to respond to high risk criminal occurrences; and
WHEREAS, pursuant to Section IV of the ILA ("Formation"), the future admission of
a jurisdiction as a member of the Valley SWAT Team may be accomplished by an
addendum to the agreement; and
WHEREAS, the City of Des Moines has petitioned the Valley SWAT Executive Board
for membership and has received unanimous approval subject to approval of the
governing body of each existing participating jurisdiction; and
WHEREAS, upon approval by all participating jurisdictions, the City of Des Moines
will be admitted as a member of the Valley SWAT Team subject to the terms of the
existing Valley SWAT Team ILA; and
WHEREAS, the Tukwila City Council finds that approving and adopting this resolution
to admit the City of Des Moines as a member of the Valley SWAT Team ILA is in the best
public interest;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
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The Tukwila City Council finds that it is in the best interest of the public to admit the
City of Des Moines as a member of the Valley Special Weapons and Tactics (SWAT)
Team subject to the terms of the existing Interlocal Cooperative Agreement between
Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle. Accordingly, the
city of Des Moines' petition for admission as a member of the Valley SWAT Team is
hereby approved and adopted.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this If HA day of acul , 2020.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
e'Sean uinn, Council President
Filed with the City Clerk: si '21 -PP
Passed by the City Council: 5 -1*
Resolution Number: If 51? 6
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RESOLUTION NO. 2006
A RESOLUTION of the City Council of the
City of Kent, Washington, approving and adopting
Addendum 1 to the Interlocal Cooperative
Agreement Between Auburn, Federal Way, Kent,
Renton, Tukwila, and the Port of Seattle for the
Creation of the Valley Special Weapons and Tactics
Team, admitting the City of Des Moines as a
member of the Valley Special Weapons and Tactics
Team.
I.CITALS
A. In or around 2010, the municipalities of Auburn, Federal Way,
Kent, Renton, Tukwila, and the Port of Seattle executed the Interlocal
Cooperative Agreement Between Auburn, Federal Way, Kent, Renton,
Tukwila, and the Port of Seattle for the Creation of the Valley Special
Weapons and Tactics Team (ILA) for the purpose of establishing and
maintaining a multi -jurisdictional SWAT Team to respond to high risk
criminal occurrences.
B. Pursuant to Section IV of the ILA, the future admission of a
jurisdiction as a member of the Valley SWAT Team may be accomplished
by an addendum to the ILA.
C. The city of Des Moines petitioned the Valley SWAT Team
Executive Board, made up of the chiefs of each participating jurisdiction,
1 Resolution to Admit Des Moines
as Member of Valley SWAT Team
for membership and received unanimous approval of the Executive Board
subject to approval of the legislative body of each participating jurisdiction.
D. Addendum 1 to the ILA, which is attached and hereby
incorporated into this resolution as Exhibit "A", admits the city of Des
Moines as a member jurisdiction of the Valley SWAT Team. Upon approval
of this resolution by Kent and the other participating jurisdictions, and the
signature of Addendum 1 by those authorized to sign, the City of
Des Moines will be admitted as a member of the Valley SWAT Team subject
to the terms of the existing ILA.
E. The City Council finds that approving and adopting this
resolution and admitting the City of Des Moines as a member of the Valley
SWAT Team is in the best public interest.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. - Recitals Incorporated. The foregoing recitals are
incorporated into the body of this resolution and constitute the findings of
the Kent City Council on this matter.
SECTION_ 2. - AppmvallAdo atio of Addendum 1 to f e I aloc l
Cooperative Agreem ref to A r It the City of Des Moines as ember .of the
Valley SWAT_Teem. Addendum 1 to the Interlocal Cooperative Agreement
Between Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of
Seattle for the Creation of the Valley Special Weapons and Tactics Team,
attached as Exhibit "A", is hereby approved and adopted. The Mayor is
hereby authorized and directed to execute Addendum 1, substantially in the
form attached hereto.
2 Resolution to Admit Des Moines
as Member of Valley SWAT Team
SECTION 3. - Severability. If any one or more section, subsection,
or sentence of this resolution is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this
resolution and the same shall remain in full force and effect.
SECTION 4. - Corrections by City Clerk. Upon approval of the city
attorney, the city clerk is authorized to make necessary corrections to this
resolution, including the correction of clerical errors; resolution, section, or
subsection numbering; or references to other local, state, or federal laws,
codes, rules, or regulations.
CT'ON B. - Effective Date. This resolution shall take effect and
be in force immediately upon its passage.
DANA RALPH, MAYOR
ATTE
KIMBERLEY A. OTO, CITY CLER
APPROVED
ART Rw F1"' PATRICK CITY ATTORNEY
January 21, 2020
Date Approved
January 21, 2020
Date Adopted
3 Resolution to Admit Des Moines
as Member of Valley SWAT Team
Mayor, City of Auburn
City Clerk, City of Auburn
Mayor, City of Renton
CityClerk ....��...
City of Renton
Date
Date
Date
Date
City Attorney, City of Auburn
City Attorney, City of Renton
Date
Date
Mayor, City of Tukwila Date City Attorney, City of Tukwila Date
City Clerk, City of Tukwila
Date
5/11/2020
City Clerk, City of Kent
Mayor, City of Federal Way
Date
Date
City Clerk, City of Federal Way Date
City Attorney, City of Kent Date
City Attorney, Federal Way
Date
City Manager, City of Des Moines Date City Attorney, City of Des Moines Date
City Clerk, City of Des Moines
Date
Valley Special Weapons and Tactics
Team Interlocal Agreement Addendum 1
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 Clerk, City of Kent Date
City Attorney, City of Kent Date
Mayor, City of Federal Way Date City Attorney, Federal Way Date
City Clerk, City of Federal Way Date
City Manager, City of Des Moines Date City Attorney, City of Des Moines Date
City Clerk, City of Des Moines
Afettai,r r C.O.0
a / Stephen P. M truck
Executive Director
Date
Anne Purcell Date
Sr. Port Counsel: Approved as to Form
Valley Special Weapons and Tactics
Team Interlocal Agreement Addendum 1
Mayor, City of Aubum
Date
erk, City r Auburn , Date
Mayor, City of Tukwila
Date
City Clerk, City of Tukwila Date
Mayor, City of Kent
City Clerk, City of Kent
Date
Date
Mayor, City of Federal Way Date
City Clerk, City of Federal Way
Date
City Attorney, City of Auburn Date
City Attorney, City of Tukwila Date
City Attorney, City of Kent Date
City Attorney, Federal Way Date
6 42-2026 /s/Tim George
City Manager, City of Des Moines Date
City Clerk, City of Des Moines
Date
2
06/12/2020
City Attorney, City of Des Moines Date
Valley Special Weapons and Tactics
Team Interlocal Agreement Addendum 1
Mayor, City of Auburn
City Clerk, City of Auburn
Mayor, City of Renton
City Clerk, City of Renton
Date
Date
Date
Date
City Attorney, City of Auburn
City Attorney, City of Renton
Date
Date
Mayor, City of Tukwila Date City Attorney, City of Tukwila Date
City Clerk, City of Tukwila Date
Mayor, City of Kent
City Clerk, City of Kent
Date City Attorney, City of Kent Date
Date
Ior, City of Federal Way ' 1
/7 Ltivialat, ikag
t °t1\ "lcrk, City of Fecictp :..
Way Date
City Manager, City of. Des Moines Date
City Clerk, City of Des Moines
Date
(7,5" D
City Attorney, Federal Way Date
City ......... �.........�..
Attorney, City of Des Moines Date
Valley Special Weapons and Tactics
Team Interlocal Agreement Addendutn 1
CITY OF RENTON, WASHINGTON
RESOLUTION NO. 4394
A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE
MAYOR AND CITY CLERK TO ENTER INTO ADDENDUM 1 TO THE INTERLOCAL
COOPERATIVE AGREEMENT BETWEEN AUBURN, FEDERAL WAY, KENT, RENTON,
TUKWILA, AND THE PORT OF SEATTLE FOR THE CREATION OF THE VALLEY
SPECIAL WEAPONS AND TACTICS TEAM, ADMITTING THE CITY OF DES MOINES
AS A MEMBER OF THE VALLEY SPECIAL WEAPONS AND TACTICS (SWAT) TEAM.
WHEREAS, in 2010, the Cities of Auburn, Federal Way, Kent, Renton, Tukwila, and the
Port of Seattle executed an Interlocal Cooperative Agreement (ILA) for the purpose of
establishing and maintaining a multi -jurisdictional SWAT Team to respond to high risk criminal
occurrences; and
WHEREAS, pursuant to Section IV of the Agreement, the future admission of a jurisdiction
as a member of the SWAT Team may be accomplished by an addendum to the agreement; and
WHEREAS, the City of Des Moines has petitioned the Valley SWAT Executive Board for
membership and has received unanimous approval subject to approval of Addendum 1 to the
ILA; and
WHEREAS, upon approval and execution of Addendum 1 to the ILA, the City of Des Moines
will be admitted as a member of the Valley SWAT Team subject to the terms of the existing Valley
SWAT Team Interlocal Agreement; and
WHEREAS, the City Council finds that approving and adopting Addendum 1 to the ILA and
admitting the City of Des Moines as a member of the Valley SWAT Team is in the public interest;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO
RESOLVE AS FOLLOWS:
1
RESOLUTION NO. 4394
SECTION I. The Mayor and City Clerk are hereby authorized to enter into Addendum
1 to the Interlocal Cooperative Agreement between Auburn, Federal Way, Kent, Renton, Tukwila,
and the Port of Seattle for the Creation of the Valley Special Weapons and Tactics Team, attached
hereto as Exhibit "A" and incorporated by this reference.
PASSED BY THE CITY COUNCIL this 9th day of December, 2019.
Jason , Seth, Cit lerk
APPROVED BY THE MAYOR this 9th day of December, 201
Approved as to form:
Shane Moloney, City Attorney
RES.1827:11/12/19
2
Denis Law, Mayor
RESOLUTION NO. 4394
EXHIBIT "A
ADDENDUM 1 TO THE INTERLOCAL COOPERATIVE
AGREEMENT BETWEEN AUBURN, FEDERAL WAY, KENT,
RENTON, TUKWILA, AND THE PORT OF SEATTLE FOR THE
CREATION OF THE VALLEY SPECIAL WEAPONS AND
TACTICS TEAM
3
Mayor, City of Auburn
Auburn
12
yo City of Renton
Date
Date
Date
C
1L
of Renton Date
Mayor, City of Tukwila
City Attorney, City of Auburn Date
Date City Attorney, City of Tukwila
City Clerk, City of Tukwila Date
Mayor, City of Kent
Date City Attorney, City of Kent
City Clerk, City of Kent Date
Date
Date
Mayor, City of Federal Way Date City Attorney, Federal Way Date
City Clerk, City of Federal Way Date
City Manager, City of Des Moines Date City Attorney, City of Des Moines Date
City Clerk, City of Des Moines Date
Valley Special Weapons and Tactics
Team Interlocal Agreement Addendum 1
RESOLUTION NO. 5499
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, APPROVING AND ADOPTING
ADDENDUM 1 TO THE INTERLOCAL COOPERATIVE
AGREEMENT BETWEEN AUBURN, FEDERAL WAY, KENT,
RENTON, TUKWILA, AND THE PORT OF SEATTLE, FOR
THE CREATION OF THE VALLEY SPECIAL WEAPONS
AND TACTICS TEAM, ADMITTING THE CITY OF DES
MOINES AS A PARTICIPATING MEMBER
WHEREAS, in 2010, the jurisdictions of Auburn, Federal Way, Kent, Renton,
Tukwila, and the Port of Seattle executed an Interlocal Cooperative Agreement (ILA) for
the creation of the Valley Special Weapons and Tactics Team (VSWAT); and
WHEREAS, pursuant to Section IV of the ILA, the future admission of a jurisdiction
to VSWAT may be accomplished by an addendum; and
WHEREAS, the City of Des Moines petitioned the VSWAT executive board for
membership and received unanimous approval subject to the approval of each
participating jurisdiction's legislative body.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. The Mayor is authorized to execute Addendum 1 to the Interlocal
Cooperative Agreement between Auburn, Federal Way, Kent, Renton, Tukwila, and the
Port of Seattle, for the Creation of the Valley Special Weapons and Tactics Team, which
Addendum will be in substantial conformity with that attached as Exhibit A.
Section 2. The Mayor is authorized to implement those administrative
procedures necessary to carry out the directives of this legislation.
Resolution No. 5499
January 30, 2020
Page 1 of 2
Rev. 2019
Section 3. This Resolution will take effect and be in full force on passage and
signatures.
Dated and Signed: February 18, 2020
CITY OF AUBURN
ANCY B KUS, MAYO'"
ATTEST: APPROVED AS TO FORM:
... ,
K
Shawn Cam be MMC, CityClerk endra Comeau, C
ity Attorney
Resolution No. 5499
January 30, 2020
Page 2 of 2
Rev. 2019
Date 'ity Attorney, City of Auburn Date
City Clerk, City of Auburn
-moo
Date
Mayor, City of Renton
Date
City Clerk, City of Renton Date
Mayor, City of Tukwila
City Attorney, City of Renton Date
Date City Attorney, City of Tukwila Date
City Clerk, City of Tukwila Date
Mayor, City of Kent
City Clerk, City of Kent
Date
Date
City Attorney, City of Kent Date
Mayor, City of Federal Way Date City Attorney, Federal Way Date
City Clerk, City of Federal Way Date
City Manager, City of Des Moines Date City Attorney, City of Des Moines Date
City Clerk, City of Des Moines Date
Valley Special Weapons and Tactics
Team Interlocal Agreement Addendum 1
CAG -12 -129
11-087(a)
Council Approval 3/18/13
INTERLOCAL AGREEMENT FOR SERVICES OF
VALLEY SPECIAL WEAPONS AND TACTICS TEAM TO (NON -
PARTICIPATING JURISDICTION)
THIS INTERLOCAL AGREEMENT is effective upon the date executed by all
parties. In consideration of the mutual covenants below, the parties agree as follows:
1. PARTIES. The parties to this Agreement are (non - participating
jurisdiction), a political subdivision of the State of Washington, and the municipalities of
Auburn, Federal Way, Kent, Renton, and Tukwila, each of which is a municipal corporation, and
the Port of Seattle, a port district, operating under the laws of the State of Washington.
2. AUTHORITY. This Agreement is entered into pursuant to Chapters 10.93
(Washington mutual aid peace officers powers act) and 39.34 (Interlocal Cooperation Act) of the
Revised Code of Washington.
3. PURPOSE. The (non - participating jurisdiction) does not
participate in the Valley Special Weapons and Tactics Team ( "VSWAT "), but desires to have the
VSWAT available to respond to serious criminal occurrences in its jurisdiction, if necessary.
Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle, have previously executed
an interlocal agreement to organize and operate the VSWAT and might agree to allow the
VSWAT to assist the (non - participating jurisdiction) under certain
circumstances. This Agreement is intended to reflect the applicable terms and conditions
between the parties if the VSWAT's services are provided to the (non-
participating jurisdiction).
4. DURATION AND TERMINATION. The term of this Agreement shall be
effective through December 31, 2012. This Agreement shall automatically extend for
consecutive one (1) year terms, unless earlier terminated pursuant to the terms of this
Agreement.
Any party to this Agreement may terminate this Agreement by providing written notice
of its intent to terminate to all other parties. A notice of termination shall become effective thirty
(30) days after service of the notice on the contract representatives, set forth below, for all other
parties.
In the event that a party does not generally and consistently comply with the
commitments outlined in this Agreement, the issue will be presented to the VSWAT Operations
Board for final resolution. Remedies may include establishing a timeline for compliance, a
temporary reduction in involvement for a prescribed period of time, or termination of the
Agreement.
5. REQUEST FOR ASSISTANCE. The Chief of Police for (non-
participating jurisdiction) or any commissioned officer who is expressly authorized herein may
request the assistance and services of the VSWAT. Such request shall be directed to the Lead
VSWAT Commander. The VSWAT may or may not agree to provide its services, at the sole
discretion of the Lead VSWAT Commander. The Lead VSWAT Commander may refer to the
VSWAT ILA for non participating agency Page 1 of 7
Callout Criteria of the Valley SWAT Team Policy Manual and any other relevant considerations
when deciding whether to provide the services of the VSWAT. Nothing in this Agreement shall
be deemed to obligate Auburn, Federal Way, Kent, Renton, Tukwila, or the Port of Seattle, to
make their members of the VSWAT available to the (non - participating
jurisdiction).
(name & rank or position) or
authorized to request VSWAT assistance on behalf of
jurisdiction).
(name & rank or position) is
(non - participating
6. CHAIN OF COMMAND. If the request for assistance and services is granted,
the (non - participating jurisdiction) representative shall notify the Lead
VSWAT Commander of the identity of a command level officer from the (non-
participating jurisdiction) who shall act as the Incident Commander for the (non-
participating jurisdiction) (hereinafter "Incident Commander "). The Incident Commander for
(non - participating jurisdiction) shall assume overall command and responsibility
for the incident. The Incident Commander shall establish a command post outside the inner
perimeter away from the suspect's line of sight and fire. The Incident Commander shall consult
with the V S WAT Tactical Commander and evaluate the tactical options presented by the
VSWAT Tactical Commander. Once the Incident Commander has authorized a tactical plan to
accomplish the mission, the VSWAT Tactical Commander assumes command with respect to the
implementation of the plan. If the Incident Commander and VSWAT Tactical Commander
cannot agree on a tactical plan, the VSWAT shall leave the scene. (non-
participating jurisdiction) shall then handle the situation with its own resources.
7. VSWAT OPERATIONS. If the VSWAT's services are provided to the
(non - participating jurisdiction) the team will generally operate in accordance
with the Valley SWAT Team Policy Manual, with any modifications deemed appropriate by the
VSWAT Tactical Commander for the circumstances.
8. COMPENSATION. (non- participating jurisdiction)
agrees to reimburse the other parties to this Agreement for all reasonable and necessary costs
incurred in connection with the provision of services by the VSWAT as a result of the VSWAT
call -out to the (non - participating jurisdiction) including, but not limited
to, the cost of repairing or replacing any property, and all incidental expenses incurred by the
VSWAT team members in providing services pursuant to the request for services by
(non - participating j urisdiction).
9. ACCEPTANCE OF LIABILITY BY (non-
participating jurisdiction). (non - participating jurisdiction) agrees that any
liability or claim arising out of the actions or inactions of the members of the VSWAT acting
within the course and scope of their duties when the VSWAT provides services at the request of _
(non - participating jurisdiction) shall be the responsibility of (non-
participating jurisdiction) . This provision is intended to expressly allocate liability by written
agreement as authorized by RCW 10.93.040 and is controlling over the default liability
VSWAT ILA for non participating agency Page 2 of 7
allocation set forth in RCW 10.93.040. This provision is not intended to require indemnification
or payment of any judgment against any individual or party for intentional wrongful conduct
outside the scope of employment of any member of the VSWAT or of any judgment for punitive
damages against a VSWAT member or party to this Agreement. Payment of punitive damages,
if any, shall be the sole responsibility of the individual against whom said judgment is rendered
and/or his or her employer if that employer elects to make said payment.
In furtherance of the above provision, (non - participating
jurisdiction) agrees to hold harmless, indemnify, and defend, with counsel reasonably
acceptable to the other parties and any named officers, the other parties to this Agreement and
their officers, officials and employees from any loss, claim or liability arising from or out of any
alleged or actual negligent tortious actions or inactions of the VSWAT, its members and
supervisors, that might occur or allegedly occur while (non - participating
jurisdiction) receives the assistance of VSWAT within its jurisdiction.
In the event that a claim or lawsuit is brought against a party or its employee(s) for
actions arising out of their conduct in the operation of the VSWAT, such party shall promptly
notify the other parties that said claim or lawsuit has been filed or commenced.
The parties to this Agreement and their respective legal counsel shall, to the extent
reasonably possible and consistent with the best interests of their respective clients, cooperate
with the defense of any lawsuit arising out of the operations of the VSWAT; provided this
cooperation does not require the parties to share any out of pocket litigation costs. Said costs
will be the responsibility of (non - participating jurisdiction).
Upon request by another party, each party shall disclose to the other parties the terms of
their respective liability insurance policies to allow for coordination of coverage. The consent of
any liability insurance carrier or self - insured pool or organization is not required to make this
Agreement effective between the parties, and the failure of any insurance carrier or self - insured
pooling organization to agree to follow the terms of this Agreement on liability allocation shall
not relieve any party from its obligations under this agreement.
10. INTERLOCAL COOPERATION ACT PROVISIONS. No special budget or
funds are anticipated, nor shall any be created. It is not intended that a separate legal entity be
established to conduct this cooperative undertaking, nor is there any acquisition, holding, or
disposal of real or personal property other than as specifically provided within the terms of this
Agreement.
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.
11. AUTHORIZATION TO ENFORCE LAWS. While this agreement is entered
pursuant to Chapter 39.34 RCW entitled, "Interlocal Cooperation Act," this agreement shall,
pursuant to RCW 10.93.070(1), also constitute the prior written consent of the sheriff or chief of
police of each participating agency for the purposes of authorizing officers of VSWAT to
enforce the laws of this state within their respective jurisdictions, and to that end, the sheriff or
VSWAT ILA for non participating agency Page 3 of 7
police chief of each participating agency consents to the full exercise of peace officer powers
within his or her jurisdiction by any properly certificated or exempt officer engaged in VSWAT
related activities.
12. DISPUTE RESOLUTION. For the purpose of this Agreement, time is of the
essence. Should any dispute arise concerning the enforcement, breach or interpretation of this
Agreement, the parties shall first meet in a good faith attempt to resolve the dispute. In the event
the dispute is not resolved, it shall be resolved by binding arbitration pursuant to RCW 7.04A, as
amended, and the Mandatory Rules of Arbitration (MAR); and venue shall be placed in King
County, Washington and the laws of the State of Washington shall apply.
13. AUTHORIZATIONS. By signing below, the signor certifies that he or she has
the authority to sign this Agreement on behalf of the party, and the party agrees to the terms of
this Agreement. This Agreement shall be executed pursuant to an appropriate resolution or
ordinance of the governing body of each jurisdiction, where necessary.
14. CONTRACT REPRESENTATIVES. Each party shall have a contract
representative. Each party may change its representative upon providing written notice to the
other party. The parties' representatives are as follows:
Port of Seattle:
City of Auburn:
City of Federal Way:
City of Kent:
City of Renton:
City of Tukwila:
Chief
or his/her successor
Chief Colleen Wilson, or her successor
Chief Bob Lee, or his successor
Chief Brian Wilson, or his successor
Chief Ken Thomas, or his successor
Chief Kevin Milosevich, or his successor
Chief Mike Villa, or his successor
(non - participating jurisdiction)
15. ENTIRE AGREEMENT. The parties agree that this Agreement is the complete
expression of its terms and conditions. Any oral or written representations or understandings not
incorporated in this Agreement are specifically excluded.
16. 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.
17. SIGNED COUNTERPARTS. This Agreement may be executed by
counterparts and be valid as if each authorized representative had signed the original document.
18. EFFECTIVE DATE. This Agreement shall be deemed effective upon the last
date of execution by the last authorized representative.
VSWAT ILA for non participating agency Page 4 of 7
PORT OF SEATTLE
Chief Colleen Wilson
Date:
Date:
Tay Yoshitani, Executive Director
Attest: Approved as to Legal Form:
By: Paul Bintinger, Port Counsel
CITY OF AUBURN
Bob Lee, Chief of Police
Peter B. Lewis, Mayor
Attest:
Date:
Date:
Approved as to Legal Form:
By: Steven L. Gross, Assistant City Attorney
CITY OF FEDERAL WAY
Brian n W. , Chief of Police
Skip Priest, Mayor
VSWAT ILA for non participating agency Page 5 of 7
Date:
Date:
A
roved .s t • Form:
atricia Richardson, City Attorney
CITY OF KENT
Ken Thomas, Chief of Police
Suzette Cooke, Mayor
Attest:
Date:
Date:
Approved as to Form:
By: Pat Fitzpatrick, Deputy City Attorney
CITY OF RENTON
ChieYKevin Milosev
Denis Law,'Maypr,.
k3y: Bonnie Walton, City Clerk
CITY OF TUKWILA
Mike Villa, Chief of Police
Date: q ` l/l / 7 .
Date: 4/3/
oved as to Fo
Rows .144e
Lawrence J. Warren, —City Attorney
Date: WY // S'
Date:
roved as to Form:
, �r �w j ci� G�C,Ic - C l t�Y`iar� , City Attorney M Pit r k 4
VSWAT ILA for non participating agency Page 6 of 7
CITY OF
, Chief of Police
Attest:
, Mayor /City Manager
By:
VSWAT ILA for non participating agency Page 7 of 7
Date:
Date:
Approved as to Legal Form:
, Counsel for
11 -087
Council Approval 2122111
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 I "J�
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.
VI11. 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
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
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
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 Response. 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
B. Intentionally Wronqful Conduct Bevond the Scope of Emnlovment.
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 Renresentation 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
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
C. Claims of $5,000 or Less.
i. 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
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
Auburn: Kent:
Auburn City Attorney Kent City Attorney
25 West Main Street 2204 th 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 1h Avenue South
Auburn, WA 98002 Kent, WA 98032
(253) 931 -3080 (253) 856 -5285
Auburn Human Resources Kent City Clerk
Director /Risk Manager 2204 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 2204 th Avenue South
Auburn, WA 98001 Kent, WA 98032
(253) 931 -3039 (253) 856 -5888
Port of Seattle: Federal Way.:
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 °L5030 Renton, WA 98057
LXk1, i 46 i3
CIAW:
Director of Claims
Canfield Associates, Inc.
451 Diamond Drive
Ephrata, WA 98823
VALLEY SWAT TEAM 08 -19 -2010
INTERLOCAL AGREEMENT Page 10
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
INTERLOCAL AGREEMENT Page 11
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, i of Tuk Date City Attorney, City of Tukwila Date
4A h,
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
if any part, paragraph, section, or provision of this Agreement is held to be invalid by
any court of competent jurisdlctidn, 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'behaif 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 Iasi 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
Agree - • e • - of the jurisdiction; and t urisdiction agrees to the teens
of thisT• ago. '''1
)/,//2- POW #
Ma Date . Ci � Attome , of Aubum te
or; City of Auburn
Clerk, City cif utiurn
4J)
Wipe, CI7o'
Ci
Date
a4//0
Re Date City Attorney, City of Renton Date
V°00/0 ‘,
City'C =City. of Rentdn' Date
a `;f :Of T 'tcivila
Date City Attorney, City of Tukwila
City Clerk, City of Tukwila Date
Mayor, City of Kent
Date
Date City Attorney, City of Kent
City Clerk, City of K - nt Date
.411 AY/VAVii /..// LOAI
City Manag-r, of Federal Way • Date City Att'rr ey, City-of Federal Way 'ate
Date
VALLEY -SW AT:TEAM•0 &19 -2010
INTERLOCAL AGREEMENT '
Page 12-
11)1
City Clerk, City of Fe,eral
• Date
Chief Executive Officer,: Port of Seattle ' Date Port Counsel, Port of Seattle .Date
VALLEY SWAT TERM 08.19 -2010
lNTERLOCAL A3REEMENT
Page 13
F