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Home My WebLink AboutCOW 2013-03-11 Item 5C - Interlocal Agreement - Valley Special Weapons and Tactics (SWAT) Services for Non-Participating AgenciesCOUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 03/11/13 ph Motion Date 3/18/13 03/18/13 ph LI Bid d Award Mtg Date Public Hearing Mtg Date Other Mtg Date CATEGORY A Discwssion I1 Mtg Date Mtg SPONSOR • Council Mayor .HR DCD • Finance Fire IT P&R Police U PW SPONSOR'S Valley SWAT Agencies Chiefs would like to have the Interlocal Agreement for Services of SUMMARY Valley SWAT Team To Non-Participating Agencies as a proposed template, with the understanding that non-participating agency identification will be added at a later time. However, the substance of the agreement will stay the same. The Council is being asked to consider this item at the 3/11/13 Committee of the Whole meeting and subsequent 3/18/13 Regular Meeting. REVIEWED BY LI COW Mtg. CA&P Cmte Utilities Cmte []Arts Comm. DA fE: 3/5/13 ITEM INFORMATION ITEM No. 5.C. 71 STAFF SPONSOR: DENNIS MCOMBER ORIGINAL AGENDA DATE: AGENDA ITEM TITLE Valley Special Weapons and Tactics (SWAT) Inter local Agreement For Services To Non-Participating Agencies 3/11/13 Motion Date 3/18/13 LI Resolution Mtg Date LI Ordinance Mtg Date LI Bid d Award Mtg Date Public Hearing Mtg Date Other Mtg Date CATEGORY A Discwssion I1 Mtg Date Mtg SPONSOR • Council Mayor .HR DCD • Finance Fire IT P&R Police U PW SPONSOR'S Valley SWAT Agencies Chiefs would like to have the Interlocal Agreement for Services of SUMMARY Valley SWAT Team To Non-Participating Agencies as a proposed template, with the understanding that non-participating agency identification will be added at a later time. However, the substance of the agreement will stay the same. The Council is being asked to consider this item at the 3/11/13 Committee of the Whole meeting and subsequent 3/18/13 Regular Meeting. REVIEWED BY LI COW Mtg. CA&P Cmte Utilities Cmte []Arts Comm. DA fE: 3/5/13 ■ F&S Cmte Transportation Cmte Comm. Planning Comm. CHAIR: ROBERTSON • Parks COMAE i lEE RECOMMENDATIONS: SPONSOR/ADMIN. commiTTEE Police Department Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 03/11/13 MTG. DATE ATTACHMENTS 03/11/13 Informational Memorandum dated 2/21/13 Valley SWAT Interlocal Agreement For Services To Non-Participating Agencies Minutes from the Finance and Safety Committee meeting of 3/5/13 3/18/13 71 72 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Finance And Safety Committee FROM: Mike Villa, Chief of Police DATE: February 21, 2013 SUBJECT: Valley Special Weapons and Tactics (SWAT) Interlocal Agreement For Services To Non - Participating Agencies ISSUE The Council is being asked to consider and approve the Interlocal Agreement for Services of Valley SWAT Team to non - participating agencies. BACKGROUND The multi- jurisdictional SWAT Team has been in existence for many years. The members of which are Auburn, Federal Way, Kent, Renton, Tukwila and the Port of Seattle. They respond as requested by any of the participating jurisdictions and provide a coordinated response to high -risk incidents such as civil disobedience, barricaded subjects, hostage situations, gang member arrests, high risk felony arrests, and narcotic or high risk search warrants. They respond to these high -risk criminal incidents in a manner that provides for the effective use of personnel, equipment, funds, and training. DISCUSSION Valley SWAT agencies sometimes get called out by non - Valley SWAT agencies under the mutual aid act. There are no agreements with those agencies regarding who would take on what responsibilities and liabilities. Valley SWAT Agencies Chiefs would like to have the Interlocal Agreement For Services Of Valley SWAT Team To Non - Participating Agencies as a proposed template so that when the non - participating agency is identified, the name can be inserted and that agency would go through its approval process. RECOMMENDATION The VSWAT Team would like to have the approval of the above mentioned template document of the "non- participating agency agreement ", with the understanding that non - participating agency identification will be added at a later time but the substance of the agreement stays the same. The interlocal agreement has been reviewed and approved by legal and city administration. The Council is being asked to consider this item and approve at the March 11, 2013 Committee of the Whole meeting and subsequent March 18, 2013 Regular Meeting. ATTACHMENTS Interlocal Agreement for services of Valley SWAT Team to non - participating jurisdiction 73 74 CAG -12 -129 INTERLOCAL AGREEMENT FOR SERVICES OF VALLEY SPECIAL WEAPONS AND TACTICS TEAM TO PARTICIPATING JURISDICTION) (NON- 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 75 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 VSWAT 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. fnon- 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 jurisdiction). 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 76 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 77 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 (non - participating jurisdiction) 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 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 78 PORT OF SEATTLE Chief Colleen Wilson Tay Yoshitani, Executive Director Date: Date: Attest: Approved as to Legal Form: By: Paul Bintinger, Port Counsel CITY OF AUBURN Bob Lee, Chief of Police Peter B. Lewis, Mayor Date: Date: Attest: Approved as to Legal Form: By: Steven L. Gross, Assistant City Attorney CITY OF FEDERAL WAY Brian Wilson, Chief of Police Skip Priest, Mayor Date: Date: Attest: Approved as to Form: By: Patricia Richardson, City Attorney VSWAT ILA for non participating agency Page 5 of 7 79 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 p v Den s` aw,;Mayor• • . r • ;Atts , • /_� B,y: •Bo ie Wa1ton,,C0 Clerk • CITY OF TUKWILA Mike Villa, Chief of Police Jim Haggerton, Mayor Attest: Date: l/ / Date: oved as to For Lawrence J. Warren, City Attorney Date: Date: Approved as to Form: By: , City Clerk , City Attorney VSWAT ILA for non participating agency Page 6 of 7 80 CITY OF , Chief of Police , Mayor /City Manager Attest: By: VSWAT ILA for non participating agency Page 7 of 7 Date: Date: Approved as to Legal Form: , Counsel for 81 82 City of Tulzwila FINANCE AND SAFETY COMMITTEE Meeting Minutes March 5, 2013 — 5:30p.m.; Conference Room #3 PRESENT Councilmembers: Staff: Guests: Finance and Safety Committee Dennis Robertson, Chair; Verna Seal and De' Sean Quinn David Cline, Vicky Carlsen, Katherine Kertzman, Kristina Thome, Ashley Comar, Brandon Miles, Derek Speck, Dennis McOmber and Kimberly Matej Mike Schabbing, Courtyard; Vickie Molzer, Holiday Inn Express; Caroline Curtis, BMI Hospitality; Carol Kolson, Southwest King County Chamber of Commerce and Homestreet Bank; Maureen Huffman, Embassy Suites; Scott Ostrander, Cedarbrook Lodge; Brenna Arnesen, Southwest King County Chamber of Commerce; Randy Copley, Southwest King County Chamber of Commerce; and Chuck Parrish, resident CALL TO ORDER: Committee Chair Robertson called the meeting to order at 5:34 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Tourism Promotion Area B. Inter local Agreement: Valley SWAT Staff is seeking Council approval of a template of an Inter local Agreement for Services to Non- Participating Agencies between member cities of Valley Special Weapons and Tactics (SWAT) and non- participating agencies to be named at a later time. The intent of the agreement(s) is to establish the responsibilities and liabilities of non-member entities that utilize the services of Valley SWAT in a mutual aid situation. Current Valley SWAT member cities are: Auburn, Federal Way, Kent, Renton, Tukwila, and Port of Seattle. Staff commented that the template agreement was created and review by City Counsels from Renton and Tukwila. UNANIMOUS APPROVAL FORWARD TO MARCH 11 COW FOR DISCUSSION. 83