HomeMy WebLinkAboutPD13-153 - Original - Valley Special Weapons & Tactics Team (VSWAT) - Respond to Serious Criminal Activity - 06/24/2013 n�ri,
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CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to City Clerks Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor Name: Valley Special Weapons and Tactics Team VSWAT
Vendor Number: WE -,
JD Edwards Number
J Nuumb2er
T Contract Number: & - )5-,S
This is assigned by City Clerk's Office
Project Name: Respond to serious criminal activity in local jurisdictions
Description: M Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract
❑ Other:
Contract Effective Date: 6/24/2013 Termination Date: A)OTICL
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: K Kimoto Department: Law/Police Department
Detail: (i.e. address, location, parcel number, tax id, etc.):
COPY OF ILA
CM 6/18/2013
S:Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08
CAG-12-129
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 Pont 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 (hiterlocal Cooperation Act) of the
Revised Code of Washington.
3. PURPOSE. The_..... Clio-garticipating�iurisdictionl—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-plrtieinati:ng Jurisdiction l 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-
aarnei aa4l jtixrisdiatican,
-4. DURATION AND 'TERMINATION. The term of this Agreement shall be
effective thorough December 31, 2012. This Agreement shall automatically extend for
consecutive one (1) year terms, unless earlier terminated pursuant to the terns 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-
particihating jurisdacticrnl_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 (ra�'a_rr gi_tic atin
jurisdictions .
(nmire 8, rank or position or ...... _ (name & rank is
authorized to request VSWAT assistance on behalf of, (non-particinatina
jurisdiction).
6. CHAIN OF COMMAND. If the request for assistance and services is granted,
the _ "pon-,artigipatinrz jurisdiction) representative shall notify the Lead
VSWAT Commander of the identity of a command level officer from the ...._.. non-
ap tticipatiugg„utisd:iction3�wvho shall act as the Incident Commnander for the non-
par—ticipatilgrar%sdictioxr (hereinafter "Incident Conunander"). The Incident Commander for _
__(naon-laartiaiysatixt iurisdn Ilan ishall 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-
gtici ap t_ipgjfsriselictioaa shall then handle the situation with its own resources.
7. VSWAT OPERATIONS. If the VSWAT's services are provided to the
anon-lazu°ticipatin 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- articipatin 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-I)articipatin azrisclictigii).
9. ACCEPTANCE OF LIABILITY BY non-
participartirrf_� 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-particip&r'king jin�is(1icPion) shall be the responsibility of non-
Rarlicipatin g pur•isdj.ction . 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, _,(noarpztrtiai aathn
iurischt;tion _ 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 (rroar-parcicipsrkitrg
igrisdictiosr receives the assistance of VSWAT within its jurisdiction.
hi 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 naar-grrGcipatzrrjtnisdiction.l.
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: Chief Colleen Wilson, or her successor
City of Auburn: Chief Bob Lee, or his successor
City of Federal Way: Chief Brian Wilson, or his successor
City of Kent: Chief Ken Thomas, or his successor
City of Renton: Chief Kevin Milosevich, or his successor
City of Tukwila: Chief Mike Villa, or his successor
Chief or his/her successor
(non-narticioatine iurisdiction)
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. SEVERABILITV. 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
Date:
Chief Colleen Wilson
Date:
Tay Yoshitani, Executive Director
Attest: Approved as to Legal Form:
By: Paul Bintinger, Port Counsel
CITY OF AUBURN
Date:
Bob Lee, Chief of Police
Date:
Peter B. Lewis,Mayor
Attest: Approved as to Legal Form:
By:__ __ Steven L. Gross, Assistant City Attorney
CITY OF FEDERAL WAY
-..,—,<
Date: �� _
Brian WJ, , nn�Chief of Police
Date:
Sldp Priest, ayor
4 �A 3 raved, �.s 4 Form:
' ``% !
atricia Richardson, City Attorney
VSWAT ILA for non participating agency Page 5 of 7
OFt1l' Date:Kenl hotrt , . ol
Date:
a rette f`.o ke, Mayor
Aprey o-Fo.
Y.. ref ' G'fCrlC..._ Pra itzpa rick, Tel. y ACtorn y,
CITY F RENTON / O l
_ I�� n.1.......... Date: C,` /r7/ / 2
Chit vi.r Mtlosevz
Date:
D�ni�+,.C,'a�w,'P✓I ay�rz,
a .
A) rrvctl as to Fo
ry:I3onme Waltq�t, City Clerk Lawrence J. Warren, City Attorney
k
CITY OF TUKWILA
Date: %
---
Mike Villa, Chief
fofPolice
w C l Date:
I` Q agkerton,
{rtest: rtovedtl as to Form:
BY ;r.t {, pwr� c i fGlynl� 4 w- v-'J n.., City Attorney
VSWAT ILA for non participating agency Page 6 of 7
CITY OF
Dater:
., Chief of Police
Date:
Mayor/City Manager
Attest: Approved as to Legal Form:
...-. _.. .. ................ _ —... w.._ ...
By: Counsel for
VSWAT ILA for non participating agency Page 7 of 7
REQUEST FOR MAYOR'S SIGNATURE
KENT Please Fill in All Applicable Boxes
Reviewed by Director
_...
Originators Name Kim Komoto Dept/Div. Law/Police Extension 5788
Date Sent: June 19, 2013 Date R 11 equired June 21, 2013
......_— �. __.._... _ ... .._ .. ......
Return to: Kim Komoto CONTRACT TERMINATION DATE: Notice
VENDOR: Valley Special Weaporos DATE OF COUNCIL APPROVAL: June .. 2013
& Tactics Team (VSWAT)
- —
ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR if applicable
Brief Explanation of Document: ......
The Interlocal Agreement (ILA) is between Valley Special Weapons and Tactics Team
and the municipalities of Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of
Seattle. Through this ILA, Valley Special Weapons and Tactics Team is made available
to respond to serious criminal occurrences in the local jurisdictions.
All Contracts Must Be Routed Through The Law Department
(This area to be completed by the Law Department)
[Received:
Approval of Law Dept.:
Law Dept. Comments:
_ C30EIVED
Date Forwarded to Mayor: ���
city of Kent
dice cif. e
Shaded Areas To Be Completed By Administration Staff
Received: RECEIVED
Recommendations and Comments: f SUN 2 5 2013
Disposition: 6� /3 /L�jn� 3 /�Lj CITY OFKENT
CITY CLERK
Date Returned G ' T