HomeMy WebLinkAboutReg 2020-05-04 Item 3E - Resolution - City of Des Moines as Valley Special Weapons and Tactics (SWAT) Member Subject to Terms of Interlocal Cooperative AgreementCOUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION
ITEMNO.
3. E.
STAFF SPONSOR: BRUCE LINTON
ORIGINAL AGENDA DATE: 05/04/20
AGENDA ITEM TITLE Addendum to Vally SWAT Interlocal Agreement
CATEGORY ❑ Discussion
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❑ Motion
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® Resolution
Mtg Date 05104120
❑ Ordinance
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❑ Bid Award
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❑ Public Hearing
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❑ Otber
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SPONSOR ❑Council [:]Mayor ❑HR ❑DCD ❑Finance ❑Fire ❑TS ❑P&R ®Police ❑Pik ❑Court
SPONSOR'S The Committee is being asked to approve the City of Des Moines' induction to the Valley
SLTMNLARY SWAT Interlocal Agreement. Staff is asking Council to forward this item to the next Regular
Council meeting for the consent agenda
REVIE','ED BY ❑ Trans&Infrastructure ® CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev.
❑ LTAC ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm.
DATE: 4/27/20 COMMITTEE CHAIR:
RECOMMENDATIONS:
SPONSOR/ADMIN. Police
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE
RECORD OF COUNCIL ACTION
5/04/20
MTG. DATE
ATTACHMENTS
05/04/20
Valley SWAT ILA Addendum- Informational Memo dated 3/6/20
Draft resolution amending ILA
2010-2011 Interlocal Agreement
Minutes from the 4/27 Community Services and Safety Committee
57
rR n.
LOM
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Community Service and Safety Committee
FROM: Bruce Linton, Police Chief
BY: Bruce Linton
CC: Mayor Allan Ekberg
DATE: March 6, 2020
SUBJECT: Valley SWAT Interlocal Addendum
ISSUE
The City of Des Moines petitioned the Valley SWAT Executive Board to become a member of
the Valley SWAT Interlocal Agreement ("ILA") and received unanimous approval from the
Board. Pursuant to the ILA, additional members may only be added upon Council approval from
each member city, including the City of Tukwila.
BACKGROUND
In 2010, the municipalities of Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle
executed the ILA for the purpose of establishing and maintaining a multi -jurisdictional SWAT
Team to respond to high risk criminal occurrences.
In accordance with Section IV of the ILA, the City of Des Moines' admission as a member of
Valley SWAT may be accomplished by Council approval from each member city and an
addendum to the current ILA.
DISCUSSION
The City of Des Moines Police Department has been valued partner in many mutual aid
occurrences and other collaborative efforts. In an effort to equitably share in the responsibilities
and resourcing of an overall regional effort, the agency is committing to the overall goal of
shared contribution.
FINANCIAL IMPACT
There is no additional financial impact beyond the original agreement.
RECOMMENDATION
The Committee is being asked to approve the City of Des Moines' induction to the Valley
SWAT Interlocal Agreement. Staff is asking Council to forward this item to the next Regular
Council meeting for the consent agenda.
Attachment:
Draft Resolution amending ILA
The 2010-2011 SWAT Interlocal Agreement.
W\2020 Info Memos\Valley SWAT ILA Addendum - Informational Memo (Bruce Linton) -ADT Edits.docx
59
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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M.
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 day of 2020.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
Office of the City Attorney
De'Sean Quinn, Council President
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
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WA
Page 2 of 2
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
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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
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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
65
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.
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67
B. Intentionally Wrongful Conduct Beyond the Scope of Employment.
Nothing herein shall require, or be interpreted to require indemnification or
sharing in the payment of any judgment against any VSWAT Team
personnel for intentionally wrongful conduct that is outside of the scope of
employment of any individual or for any judgment of punitive damages
against any individual or jurisdiction. Payment of any award for punitive
damages shall be the sole responsibility of the person or jurisdiction that
employs the person against whom such award is rendered.
C. Collective Representation and Defense. The jurisdictions may retain joint
legal counsel to collectively represent and defend the jurisdictions in any
legal action. Those jurisdictions retaining joint counsel shall share equally
the costs of such representation or defense.
In the event a jurisdiction does not agree to joint representation, the
jurisdiction shall be solely responsible for all attorneys fees accrued by its
individual representation or defense.
The jurisdictions and their respective defense counsel shall make a good
faith attempt to cooperate with other participating jurisdictions by,
including but not limited to, providing all documentation requested, and
making VSWAT Team members available for depositions, discovery,
settlement conferences, strategy meetings, and trial.
D. Removal From Lawsuit. In the event a jurisdiction or employee is
successful in withdrawing or removing the jurisdiction or employee from a
lawsuit by summary judgment, qualified immunity, or otherwise, the
jurisdiction shall nonetheless be required to pay its equal share of any
award for or settlement of the lawsuit; PROVIDED, however, that in the
event a jurisdiction or employee is removed from the lawsuit and
subsection (A) of this section is satisfied, the jurisdiction shall not be
required to pay any share of the award or settlement.
E. Settlement Process. It is the intent of this Agreement that the jurisdictions
act in good faith on behalf of each other in conducting settlement
negotiations on liability claims or lawsuits so that, whenever possible, all
parties agree with the settlement or, in the alternative, agree to proceed to
trial. In the event a claim or lawsuit requires the sharing of liability, no
individual jurisdiction shall be authorized to enter into a settlement
agreement with a claimant or plaintiff unless all jurisdictions agree with the
terms of the settlement. Any settlement made by an individual jurisdiction
without the agreement of the remaining jurisdictions, when required, shall
not relieve the settling jurisdiction from paying an equal share of any final
settlement or award.
F. Defense Waiver. This section shall not be interpreted to waive any
defense arising out of RCW Title 51.
VALLEY SWAT TEAM 08-19-2010
INTERLOCAL AGREEMENT Page 6
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 resull
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
We
C. Claims of $5,000 or Less.
Lead Jurisdiction Responsibilities.
The lead jurisdiction shall be responsible for working with the
Tactical Commander to gather records relating to the VSWAT
Team response. The lead jurisdiction shall provide records to its
insurance provider and shall assist its insurance provider in
assessing liability for acts associated with the claim. The lead
jurisdiction shall notify the other jurisdictions of any determinations
as to liability. In determining whether a claim should be paid, the
lead jurisdiction and its insurance provider shall, at a minimum,
consider the potential legal defenses to the claim and the costs of
defending the claim.
ii. Liability Determination — Apportionment of Damages.
The lead jurisdiction, with the assistance of its insurance provider
and risk manager, shall determine whether the VSWAT Team is
liable for damages set forth in a claim, and whether the payment of
the claim would be in the best interest of the jurisdictions and/or the
VSWAT Team. In the event the lead jurisdiction determines that
payment of a claim is appropriate, such determination shall be final
and binding upon other jurisdictions and payment shall be
apportioned equally among all jurisdictions that participated in the
VSWAT Team response. The insurance provider for the lead
jurisdiction shall provide full payment to the claimant, and each
jurisdiction that participated in the response shall reimburse the
insurance provider for its equal share of such payment.
Prior to the payment of any claim, and as a condition of such
payment, the insurance provider providing payment shall obtain
from the claimant a complete and total release of liability on behalf
of all jurisdictions participating in the VSWAT Team and each and
every officer, agent, or volunteer of those participating jurisdictions.
In the event the lead jurisdiction determines that the VSWAT Team
is not liable for damages set forth in a claim or that the payment of
the claim would not be in the best interest of the jurisdictions and/or
the VSWAT Team, the lead jurisdiction shall notify the other
jurisdictions of the determination, and such determination shall be
binding on the other jurisdictions; PROVIDED, that another
jurisdiction that determines that payment is appropriate may pay
such claim in full, and shall not seek reimbursement from the other
participating jurisdictions.
iii. Letter From Insurance Adjusters.
In the event a lead jurisdiction, in conjunction with its insurance
provider, determines that payment of a claim is appropriate, the
insurance provider shall provide each of the participating
VALLEY SWAT TEAM 08-19-2010
INTERLOCAL AGREEMENT Page 8
70
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
71
Auburn:
Kent:
Auburn City Attorney
Kent City Attorney
25 West Main Street
220 4th Avenue South
Auburn, WA 98001
Kent, WA 98032
(253) 931-3030
(253) 856-5781
Auburn Police Chief
Kent Risk Manager
340 East Main Street„Suite 201
220 4th Avenue South
Auburn, WA 98002
Kent, WA 98032
(253) 931-3080
(253) 856-5285
Auburn Human Resources
Kent City Clerk
Director/Risk Manager
220 4th 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 4th 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 — 8th Avenue South
Seattle, WA 98168
Federal Way, WA 98003
Tukwila:
Federal Way City Attorney
33325 — 8th 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 i 3�
CIAW:
Director of Claims
Canfield & Associates, Inc.
451 Diamond Drive
Ephrata, WA 98823
VALLEY SWAT TEAM 08-19-2010
INTERLOCAL AGREEMENT Page 10
72
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.
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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
�;04L�C
Sldulll
(2ftV-0<FL 6
Mayor, i of Tuk
Date
City Attorney, City of Tukwila
Date
5lau it
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
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.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
-reil alining section, part, or provision of this Agreement.
)OW1. MUNICIPAL AUTHORIZATIONS
This Agreement shall be executed .on•behalf of each participating jurisdiction by its duly
authorized'representative and pursuaht 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
Agree a of the Jurisdictioni and t - urisdictian agrees to the terns
of this .
-
Ma or; City of Auburn Date .City Attomey; of Auburn
r^ittt.Ciark_ Cixv of Auburn Date
City Attorney, City of Renton 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 K nt Date
An'.h ,X .10 is i .wd
City Mariag r, of Federal Way Date City Attey, City. of Federai Way I tale
VALLEY•SW AT:TEAM,O&194DI O
INTERLOCAL AGREEMENT' Page I
75
CgMg.z M ii0-AA 161511b
City Cleric, City of Fe erai a Date
Chief Executive Officer -,..Port of -Seattle ''bate Port Counsel, Port of Seattle .Date
VALLEY SWAT TEAM os-19-2oto.
iNTERLOCAL AaREWENT Page 1.1
76
Councilmembers Present: Kate Kruller, Chair; Thomas McLeod, Cynthia Delostrinos Johnson
Staff Present: Laurel Humphrey, Bruce Linton, Jay Wittwer, Rachel Bianchi,
Niesha Fort -Brooks, Eric Drever
Chair Kruller called the meeting to order at 5:30 p.m.
I. BUSINESSAGENDA
A. Interlocal Agreement: South Kin County ounty Fire Training Consortium
Staff is seeking Council approval to renew the Interlocal Agreement for continued
participation in the Consortium in the amount of $14,000 per year plus $248,000 for two
training officers.
Committee Recommendation:
Unanimous approval. Forward to May 4, 2020 Regular Consent Agenda.
B. Resolution: Vallev SDecial Weaaons and Tactics Interlocal Agreement Addendum
Staff is seeking Council approval of a resolution that would addend the Valley Swat Interlocal
Agreement to admit the City of Des Moines.
Committee Recommendation:
Unanimous approval. Forward to May 4, 2020 Regular Consent Agenda.
c. Purchase of mResilience Application
Staff is seeking Committee approval to purchase licensing for the mResilience mobile
application that gives officers access to peer support, mental health professionals, stress
management tools, and resiliency training. The cost is $5000 and is available from the federal
seizure fund.
Committee Recommendation:
Unanimous approval.
D. Seattle City Light Pole Yard
Staff updated the Committee on the Seattle City Light pole yard located in the Allentown
neighborhood that has generated odor complaints from residents.
Committee question(s) requiring follow up
• Provide the contact and reporting information for Puget Sound Clean Air Authority so
Councilmembers can help get the information out.
77