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HomeMy WebLinkAboutPD04-170 - Original - Valley Special Response Team - Multi-Jurisdictional Operational Agreement - 04/15/2001 � � - C� 47 INTERLOCAL COOPERATIVE AGREEMENT VALLEY SPECIAL RESPONSE TEAM OPERATIONAL AGREEMENT I. PARTIES The parties to this agreement are the Port of Seattle and the Municipalities of Auburn, 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 Revised Code of Washington Chapters 10.93, 39.34, and Title 53. 111. PURPOSE The parties hereto desire to establish and maintain a multi-jurisdictional Valley Special Response Team (Valley SRT). IV. FORMATION There is hereby established a multi-jurisdictional team to be hereafter known as the "Valley Special Response Team," the members of which shall be the Port of Seattle, and the Cities of Auburn, Kent, Renton and Tukwila. As special needs arise, it may be necessary to request from other law enforcement agencies assistance and/or personnel, at the discretion of the Incident Commander and/or Valley SRT Tactical Commander. V. STATEMENT OF PROBLEM King County and the municipalities within the Puget Sound area have experienced increasingly violent criminal confrontations due to increased gang activity, increased drug abuse, increased urbanization, and increased population densities. The ability to safely control, contain, and resolve criminal confrontations such as civil disobedience, barricaded subjects, hostage situations, gang member arrests, high risk felony arrests, and narcotic/high risk search warrants has stretched the resources of the members individual Police Department specialty teams. Law enforcement efforts directed at dealing with these violent confrontations have for the most part been conducted by law enforcement agencies working independently. A multi-jurisdictional effort to handle specific serious criminal confrontations as well as Weapons of Mass Destruction (WMD) will result in more , WCIA Final Version 1 Valley Special Response Team Operational Agreement 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. The results will be improved services for all the participating municipalities, increased safety for officers and the community, and improved cost effectiveness. VI. DURATION The minimum term of this agreement shall be one year upon adoption. This agreement shall automatically be extended for consecutive one-year periods unless one or more of the participating municipalities gives notice of intent to terminate participation in the team pursuant to this agreement. Any such notice of termination shall be in writing and served on the other executive board members. Once a member agency serves notice of termination it will become effective in 90 days. VII. GOVERNANCE The affairs of the team shall be governed by an Executive Board, composed of the Police Chief, or his/her designee, from each participating municipality. Each member of the Executive Board shall have an equal vote and voice on all board decisions. Unless otherwise provided, Roberts Revised Rules of Order shall govern all procedural matters relating to the business of the Executive Board. A presiding officer shall be elected by its members, together with such other officers as a majority of the Board may determine. There shall be a minimum of four meetings each year. The first meeting shall be held in March of each year to review the prior year's service. The second meeting shall be in August of each year to review and present a budget to the participating municipalities. At least two other meetings shall be held each year to review the team's activities and policies. The presiding officer, or any board member, may call extra sessions as necessary. When the Board votes on any matters, a simple majority of those present shall be required for passage. A quorum of three (3) must be present at each meeting for any actions to be valid. In emergency situations, the presiding officer may conduct a telephone poll of Board members to resolve any issues. The Board shall develop team written policies, regulations and operational procedures within (90) calendar days of the execution of this agreement. VIII. TEAM OBJECTIVES The individual specialty units from each participating municipality will consolidate into one combined special response team, hereafter known as "Valley SRT", servicing each participating municipality. The Valley Special Response Team WCIA Final Version 2 Valley Special Response Team Operational Agreement shall also be available to outside law enforcement agencies as outlined under mutual aid. The objective of the Valley Special Response Team shall be to provide enhanced use of personnel, equipment, budgeted funds, and training. The combined Team shall respond as requested by any of the participating municipalities and provide a coordinated effective resolution to high-risk incidents. IX. STAFF A Valley SRT Tactical Commander, of the rank of Lieutenant, Commander or Captain shall be appointed annually by the Executive Board. The SRT Commander shall act as principal liaison and facilitator between the Executive Board and the members of the Team. The SRT Commander shall operate under the direction of the presiding officer of the Executive Board. The SRT Commander shall be responsible for informing the Board on all matters relating to the function, expenditures, accomplishments and problems of the Team. The SRT Commander shall prepare monthly written reports to the Board on the actions, progress and finances of the Team. In addition, the SRT Commander shall be responsible for presenting rules, procedures, regulations and revisions thereto for Executive Board approval. Each municipality shall contribute seven full-time commissioned officers to include at least one Sergeant, to be assigned to the Team. The personnel assigned to the Team shall be considered an employee of the contributing municipality. That municipality shall be solely and exclusively responsible for the compensation and benefits for that employee. All rights, duties, and obligations of the employer and the employee shall remain with that individual municipality. Each municipality 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. X. EQUIPMENT Each participating municipality shall acquire and maintain the equipment of its participating team members. Each participating municipality shall budget funds to cover equipment, training, and expendable supplies for its participating team members. Each participating municipality shall budget sufficient funds to maintain equivalent equipment standards, and training standards with those of the other participating cities. WCIA Final Version 3 Valley Special Response Team Operational Agreement The Executive Board must approve any joint capital expenditure for Team equipment. XI. COMMAND AND CONTROL During field activation of the Team, the Incident Commander, SRT Tactical Commander, and Team Leader(s) will be designated. The Incident Commander shall be from the jurisdiction in which the incident is occurring. The Incident commander should be a command level Officer. The Incident Commander retains full authority and control throughout the incident. The Incident Commander shall make decisions as to the resolution of the incident. The SRT Tactical Commander shall act as a liaison between the Incident Commander and the Valley Special Response Team. The SRT Tactical Commander shall consult with the Incident Commander and discuss tactical options. The SRT Tactical Commander shall be responsible for keeping the Incident Commander informed of Valley Special Response Team activities. The SRT Tactical Commander shall consult the Incident Commander with options to accomplish the mission of the Incident Commander. The SRT Tactical Commander shall relay the mission of the Incident Commander to support SRT Commanders and Team Leader (s) to assure that the mission is carried out as intended. The Team Leader(s) in consultation with the SRT Tactical Commander shall formulate tactical plans to react to the incident. The Team Leader(s) shall be responsible for completing the assigned mission as determined by the SRT Tactical Commander and Incident Commander. The Team Leader(s) shall direct and control the actions of the team members. The Valley Special Response Team will not attempt any tactical operation that in the judgement of the SRT Tactical Commander would unreasonably endanger the safety of the Officers assigned to the Valley Special Response Team, or for which the Team is not properly trained and/or equipped. XII. FINANCIAL REQUIREMENTS This agreement is being entered into to establish a Combined Regional Valley Special Response Team. CONTRIBUTION Each participating municipality shall budget sufficient funds to update, replace, repair, and maintain the equipment and supplies utilized by its participating team WCIA Final Version 4 Valley Special Response Team Operational Agreement members. Each participating municipality shall budget sufficient funds to provide for training of its participating team members. Each member municipality shall maintain an independent budget system to account for funds allocated and expended by its participating team members. XIII. TERMINATION Termination shall be in accordance with those procedures set forth in prior sections. Each participating municipality shall retain sole ownership of equipment purchased and provided to its participating team members. Any acquired Team assets shall be equally divided among the participating municipalities at the asset's fair market value upon termination. The value of the assets of the Team shall be determined by using commonly accepted methods of valuation. If two or more participating municipalities desire an asset the final decision shall be made by arbitration (described below). Any property not claimed shall be declared surplus by the Executive Board and disposed of pursuant to State law for the disposition of surplus property. The proceeds from the sale or disposition of any Team property, after payment of any and all costs of sale or debts of the agency, shall be equally distributed to those municipalities participating in the Team at the time of dissolution in proportion to the municipality's percentage participation in the Team as of the date of dissolution. XIV. COMPLIANCE WITH THE LAW The Valley Special Response Team and all its members shall comply with all Federal, State and local laws affecting the Team. XV. ALTERATIONS This agreement may be modified, amended or altered by agreement of all participating municipalities and such alteration, amendment or modification shall be effective when reduced to writing and executed in a manner provided for by this agreement. XVi. RECORDS Each Municipality shall maintain training records related to the team for a minimum of seven years. A copy of these records will be forwarded and maintained with the designated SRT Training Coordinator. All records shall be available for full inspection and copying by each participating agency. WCIA Final Version 5 Valley Special Response Team Operational Agreement XVII. FILING Upon execution hereof, this agreement shall be filed with the City Clerks of the respective participating municipalities, the Director of Records and Elections of King County, the Secretary of State, and such other governmental agencies as may be required by law. XVIII. SEVERABILITY If any part, paragraph, section or provision of this agreement is held to be invalid by any court of competent jurisdiction in the State of Washington, such adjudication shall not affect the validity of any remaining section, part or provision of this agreement. XIX. MUNICIPAL AUTHORIZATIONS This agreement shall be executed on behalf of each participating municipality by its duly authorized representative and pursuant to an appropriate resolution or ordinance of each participating municipality. This agreement shall be deemed adopted when the 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. XX. HOLD HARMLESS Each municipal entity whose police chief or designee requests assistance of the Valley Special Response Team agrees to hold harmless and indemnify the other participating municipal entities and their officers, officials and employees from any loss, claim or liability arising from or out of the negligent or tortious actions or inactions of the Special Response Team and its members and supervisors. XXI. DEFENSE OF LAWSUITS Each municipal entity shall be responsible for selecting and retaining legal counsel for itself and for any employee of said municipal entity who is named in a lawsuit alleging liability arising out of Special Response Team operations. Each municipal entity that retains counsel for itself and/or its employees shall be responsible for paying the attorney's fees incurred by that counsel. The municipal entities shall not share costs of defense attorneys among each other unless they specifically agree in writing to the contrary in any particular legal action. WCIA Final Version 6 Valley Special Response Team Operational Agreement XXII. NOTICE OF CLAIMS, LAWSUITS AND SETTLEMENTS In the event that a lawsuit is brought against a member or its employees for actions arising out of their conduct in support of Special Response Team operations, the member shall promptly notify the other municipal entities that said claim or lawsuit has been initiated. XXIII. SETTLEMENT PROCEDURE Any municipal entity or member who believes that another municipal entity would be liable for a claim, settlement or judgement which arises from a Special Response Team action or operation shall have the burden of notifying each other participating municipal entity of all settlements, demands made to that municipal entity and any claims and/or lawsuits naming that municipal entity and/or its employees for what may be liability arising out of a Special Response Team operation. Said member municipal entity shall be obligated to make a prompt and timely notice and tender of defense to any municipal entity which is believed to be liable to any other municipal agency for Special Response Team liability. The municipal entities shall be free to seek a separate settlement with the claimant and/or plaintiff which would eliminate the liability of that municipal entity and/or its employees. However, any such separate settlement would not eliminate the released municipal entity's obligation to indemnify the other member municipal entities and/or their employees if they are found to be liable in any court judgement from a lawsuit which arose from a Special Response Team operation requested by the police chief or designee of the municipal entity which has been released in a separate settlement. Any municipal entity making a separate settlement would have no right to seek any reimbursement or contribution for any portion of a settlement which said municipal entity has reached separately with the claimant and/or plaintiff. XXIV COOPERATION IN DEFENSE OF LAWSUITS The municipal entities and their respective defense counsel shall, to the extent reasonably possible and consistent with the best interests of their respective clients, cooperate in the defense of any lawsuit arising out of the operations of the Special Response Team and shall agree, wherever possible, to share non- attorney fee related costs such as record gathering, preparation of trial exhibits, the retention and payment of expert witnesses, and the cost of deposition reporting and transcription. WCIA Final Version 7 Valley Special Response Team Operational Agreement XXV NOTHING HEREIN SHALL REQUIRE OR BE INTERPETED TO: Waive any defense arising out of RCW Title 51 . Limit or restrict the ability of any municipal entity or employee or legal counsel for any municipal entity or employee to exercise any right, defense or remedy which a party to a lawsuit may have with respect to claims of third parties, including, but not limited to, any good faith attempts to seek dismissal of legal claims against a party by any proper means allowed under the civil rules in either state or federal court. Cover or require indemnification or payment of any judgement against any individual or municipal entity for intentionally wrongful conduct outside the scope of employment of any individual or for any judgement for punitive damages against any individual or municipal entity. Payment of punitive damage awards shall be the sole responsibility of the individual against whom said judgement is rendered and/or his or her municipal entity employer, should that employer elect to make said payment voluntarily. This agreement does not require indemnification of any punitive damage awards. WCIA Final Version 8 Valley Special Response Team Operational Agreement 7 020o r MAYOR, CITY OF AUBURN Da e MAYOR, CITY OF RENTON Date �e �� w1 tv1�Sd�r 4/3 MAYOR, CITY OF TUKWILA Date MAYOR, CITY bF KENT,_j;m Date EXECUTIVE DIRECTOR, PORT OF SEATTLE Date APPROVED AS TO FORM: CITY ATTORNEY, CITY OF AUBURN r CITY ATTORNEY, CITY OF RENTON CITY ATTORNEY, CITY OF TUKWILA CITY ATTORNEY, CITY OF KENT PORT COUNSEL, PORT OF SEATTLE WCIA Final Version 9 Valley Special Response Team Operational Agreement