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HomeMy WebLinkAbout1885RESOLUTION NO. /;ff!5 A RESOLUTION of the City Council of the City of Kent, Washington, authorizing the Mayor to sign the interlocal agreement with the cities of Auburn, Federal Way, Renton, and Tukwila, and the Port of Seattle to establish and maintain a multi- jurisdictional team known as the "Valley Special Weapons and Tactics Team" to effectively respond to high risk criminal occurrences. RECITALS A. In 2001, the cities of Auburn, Kent, Renton, Tukwila, and the Port of Seattle established through an interlocal cooperative agreement a multi-jurisdictional team to effectively respond to high risk criminal occurrences. The original name of this multi-jurisdiction team was the "Valley Special Response Team," or "Valley SRT." While the founding member agencies have consistently remained in the cooperative effort, the interlocal agreement was subsequently amended in 2003, and again in 2007, to admit the cities of Federal Way and Des Moines, respectively. The City of Des Moines subsequently decided to withdraw from participation. B. In 2010, the remaining members of the cooperative effort began the process of amending the interlocal agreement to formally remove the City of Des Moines as a team member and to rename the 1 Valley SWAT Interlocal Agreement (2010) cooperative effort as the "Valley Special Weapons and Tactics Team," or "Valley SWAT." Recently, the City of Kent discovered that the 2010 version of the interlocal agreement had not been fully executed by all member agencies. While not required by state law, the interlocal agreement does include a provision that requires the governing body to adopt a resolution authorizing the Mayor to sign the interlocal agreement. C. In accordance with the terms of the interlocal agreement, and in order for Kent to continue to participate as a member agency of Valley SWAT, the City Council adopts this resolution authorizing the Mayor to sign the interlocal agreement on behalf of the City of Kent. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 1. -Mavor Authorized. The Mayor is authorized by this resolution to execute an interlocal agreement for the City of Kent to join the Valley Special Weapons and Tactics Team as a member agency, which agreement shall be in substantial conformity with the agreement attached and incorporated as Exhibit A, but ultimately subject to final terms and conditions acceptable to the Police Chief and the City Attorney. The Mayor is further authorized to implement any administrative procedures, designate any required staff, and take all other acts necessary to carry out the directives of this legislation and the interlocal agreement. However, this authorization is not intended to allow the Mayor to expend funds, except as required by the agreement and as approved through any required state and local bid and procurement processes. 2 Valley SWAT Interlocal Agreement (2010) SECTION 2. -Severabilitv. If any section, subsection, paragraph, sentence, clause or phrase of this resolution is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this resolution. SECTION 3. -Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. SECTION 4. -Corrections bv Citv Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this resolution, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or resolution numbering and section/subsection numbering. SECTION 5. -Effective Date. This resolution shall take effect and be in force immediately upon its passage. PASSED at a regular open public meeting by the City Council of the City of Kent, Washington, this ;f!.tlli day of May, 2014. . . n -;di CONCURRED in by the Mayor of the City of Kent this ,~<& ---day of May, 2014. Valley SWAT Interlocal Agreement (2010} APPROVED AS TO FORM: I hereby certify that this is a true and correct copy of Resolution No. / YIK."i passed by the City Council of the City of Kent, Washington, the ~ r} .Y;f: ,,,c,::/-day of May, 2014. P:\CTV;I'\fl.e<o'ution\Valloy SWAT-:!0!0 lnl~rloo.ol Agr-..ment.dot 4 Valley SWAT Interlocal Agreement (2010) ' ~ i -'\ " (' . ,. 1,;.' INTERLOCAL COOPERATIVE AGREEMENT BETWEEN AUBURN, FEDERAL WAY, KENT, RENTON, TUI<iNILA, AND THE PORT OF · SEATTLE, FOR CREATION OF THE ·: VALlEY SPEGIAL'WEAPONSAND TACTICS . . . TEAM I. PARTIES The parties to this Agreement .are the Po.rt of Seattle and the municipalities of Auburn, Federal \f'/ay, Kent,; Renton; and Tukwila; each of which Is a municipal corporation operating under the laws of the State of Washlt1gton: II. AUTHORITY This Agreement is entered Into purswint to Cl1apters 10:93, 39 .. 34, and 53,08 of the Revised Code of Washington. · · · Ill. PURPOSE ' The psrtles hereto desire to establish and maintain a multl-jur·isdlctionsl SWAT Team to effeqtively respond .to high risk criminal occurrences as described below. IV. FORMATION There is hereby created a multi-jurisdictional Team to be iler·eafter known as the "Vslley Spe.olal Weapons and Tqctlcs Tea.m" ("VSWAT"), the members of which shall be the Port of Seattle, and the Cities of Auburn, Federal Way, Kent, Renton, and Tukwila. The SWAT Tearn has been in existence for sorne time, and this Agreement is being re-entered Into in order to remove the City of Des Moines as a SWAT Team memoer. The future adml.sslon or elimination of a Jurisdiction as a member of the SWAT Team may be accomplished by an addendumto·thls agreement. V. STATEMENT OF.P8.0EiLEM . . !<lng County and the municipfllitie·il within the Puget Sound area have experienced Increasingly violent crlf[lirtal 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, anct resolve high risk criminal incidents such as civil disobedience, barricaded subjects, hostage situations, gang rnember arrests; high risk felony arresjs, and narcotic or high risk search warrants has strained the resources of lho membors' · lndivid~9l pollee departments. · · · · · VALlEY SWATTEAM08-19·2010 :r·;TERlt)C~\l ,r\-3REEMENT Paga I ' . ' ' Law enfon;ement efforts directed at deallng wl th' these high risk crlml(lal incidents have, for tho most part, been conducted by law enforcement agencies worktng Independently. A multi-jurisdictional effoct ·to handle specific high rlsl1 crlmirial incidents, ?S well as incidents Involving weapons of mass destruction; results in more effective pooling of . personnel, Improved utilization of municipal funds, reduced dupllcElllon of equipment, . improved twining, development.. of specialized· expertise, and increased '.trtillzaJion/appllcatlon of a c·omblned special response team. This results In improved services for the citizens of all par!Jcipating jurisdicUons, Increased s:;~fety for officers and the community, and improved cost effectiveness. VI; TEAM OBJECTIVES The individual specialty unlls from eacl1 parlicipaling jurisdiction will be consolidated. and combined to form tile 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. · Tile objective of the VSWAT Team Is to respond to specinc high risk criminal Incidents in a manner that provides for the effective use of personnel, equipment, funds, and training. Tile VSWAT Team shall respond as requested by any of the participating jurisdictions and provide a coordinated response· to, high"rlsk Incidents. As special ·needs arise, It may be necessary to request from other law enforcement agencies assistance and/or personnel, . a! the discretion of the VSWAT Team Incident Commander and/or the VSWAT Team Tactical Commander. · VII, DURATION AND TERMINATiON Tho 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 bodl(ls. of the participating jurisdictions, unless and until terminated pursuant to the terms of this Agreoment. . . A jurisdiction may withdraw its participation In tile VSWAT Team by providing written notice of Its withdrawal, snd serving such nouce upon each Executive Board member of . . . the remaining jurisdictions, .A notjce o( 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 voto.ls taken . . VIII. GOVERNANCE The affairs of the Team shall be governed by ;3n .Executive Board ("Board"), whose members are composed of the police chief,. or his/her designee, from eacll participating jurisdiction. Each member ·of the Board shall have an equ,al vote and voice on all Board decisions .. All Board decisions shall be made by a majority vote of the Board VALLEY SWAT TEAM 06·19-2010 INTE~I.OCAL AGRE;EMENT Page2 !• ... ' '' members, or tfieir 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 othel' officers as a majoritY. of the Board may decide. . ' ' The· Board shall meet monthly,. u.niess. othe1wise detennine<;J 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 elilergency situ~tions; the presiding officer may conduct a telephonic meeting or a poll of individual Board members to resolvo any Issues related to such emergency. The·pollcies, regulations, and operational procedures in effect pursuant to the previous lnterlocal agreement shall be In effect without action of the Board and until such time as they al'8 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 tll8 written policies, regulatioris,. and operational procedures ·of the VSWAT Team conflict wlth·the policies, regula\lo(ls, and ope(a!lonal 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 pres.lding officer of the Board. The Tactical Commander shall 'be ·responsible .for Informing the 'BoS~rd on all matters relating to the function·, expenditures, accomplishments, training, number of calls that the VSWAT T~am 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 tbe Board at anytime and for any reason, with or without cause. The Tactical Commander shall prepare monthly written r'eports to .the Board on the actions, progress, and finances of the VSWAT Team. In addition, the Tactical Commander shall ~e responsible for presenting rules, procedures, regLJiatlons, and revisions thereto for Board approval. Each jurisdir.tipn' shall contribute six (6) fuiHimo commissioned officers, which shall Include at leas1 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 Te0m shall be considered omployoes of the contributing jwlsdictlon. The contributing jurisdiction shsll be solely and exclusively resronsiblo for tho compensflllon and benefits fo1· the personnel!! contributes to the VSWAT Team. All rights, duties, and obligation's of the employer and the employee shall remain with the contributing jurisdiction. Eac;h jurisdiction ~hall be responsible for ensuring compliance with all applicable laws with VALLEY SWA TTE:I\M 08-19-4010 INTERLDOAL AOREEMEI~T Paye3 regard to employees and with pwvlslons of any applicable collective bargaining agreements and civil service rules and regulations. ' . The 13oara may appoint the finance department pf 8 p8rticlpatlng jurisdiction to manage the finances of the V$WAT Team. tJefore appointing the finance dep-artment of a particular jurisdiction to manage the .finances of the VSWA t Team, the Board .shall consult with the finance department of the jurisdiction and obtain tts approval. The duty of managing .the finances· of the VSWAT Team shall be.rotated to other i:mrticip8ting. jurisdictions at the dlscr?tlon. of the Boa,rd, Tile Board may,. at its discretion, appoint one (1) or more legal advisors to advise the . B0ard on legal lssl!es.affectlng the VSWAT Team. Tile I~"Jgal advisor(s) shall, when appropriate or when requested by the Board, consult wltll !he legal representatives of all participating jurisdictions qefore rendering legal advice, . .. X. COMMAND AND CONTROL During field activation of the VS.WAT Team, an lncld"e11t Commander, VSWAT Team , Tactical Commf.lnder, and VSWAT Team Team Leade1:(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.-!=:QUIPM!=:NT, TRAINING, AND BUDGET Each participating jurlsaiction 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 equlprnent, supplies, and training proylded by each jurisdiction to Its personnel participating In the VSWAT Team shall, unless othe!Wise determined by the Board,. be equal to those provided by the other pElrtlclpatlng jurisdictions. Each member jurisdiction shall maintain an independent budget system to account for ·funds alloqated and expended by its participating VSWAT Team members. The Boai:d must approve any joint cEipital expenditure for VS.W AT Team equipment. XII. DISTRIBUTION OF ASSETS UPON TERMINATION Termination shall be In accordance with those procedures set forth in prior sections. Each participating jurisdiction sl1all retain sole ownership of equipment purchased and provided to .Its participatinQ VSWAT Team members. · VALLEY SWAT. TEAM 08-19-?.010 INH;RLOOAL AGREEI'<IENT P'9e4 Any assets acquired with joint fllnds of the VSWAT Team shall be equally divided ?mong the participating jurisdictions at the asset's fair market value upon termination. The V()lue of the assets of the VSWAT Team shall be determined by using commonly accepted-methods of valuation;· If two (2) or mor:e participalirig jurisdictions desire an EJSiet, the final decision shafl be m8de by. 8rbitratlon (described below)> Any property not claimed. shall be declared. surplus by the Board and disposed 6f pursuant·to ·state law for the disposition of surplus property. The proceeds from the sale or disposition of any VSWAT Tearri 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 Ell 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 rigl1t or title to any property owned by the VSWAT Team or to share in the proceeds at the iime of dissolution. Arbitration pursuant to this sec!! on. sl1ali' occur as follows: A. · The jurisdictions interested in an asset shall select qne (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 dissolutic;m shall meet to . determine who the Arbitrator will be. The Arbitrator may be any per·son 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 present101tion, the Arbitrator shall determine which jurisdiction is to' receive the properly. 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' servlcos of the VSWAl Team without the threat of being subject to ll<lblllty to one another and to fully cooperate In the defehse 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 pilrtlclpating p·er~onnel when acting in furtherance of this Agreement. In lh\3 event the~t e~n action is brougl1t against any of the participating jurisdictions, each jurisdiction shall be r.esponslble for an equal share Qf any award for 6r setllement 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 tor the conquct. The jurisdictions shall share equally regardless of. the number of . jurisdictions nam~d in the lawsuit or claim or the number of officers from each VAlLEY SWAT T~;AM 08-19-2010 INT~RlOCAL AGREEMENT Pago5 Jurisdiction named in the lawsuit .or claim. This section shall .be subject to the conditions and.llmltatlons 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 liwolved in the VSWAT Team r·esponse.to the Incident that gives..rise to· a claim or lawsuit, imdjudgment on the claim or lawsuit does not, ih any manner, implicate the acts df a particular jurisdiction or its personnel, such jurisdiction shall not be requlr~d. to sharo responslbility.for tile payment of the judgment or award. ,• . B. lniention'ally. Wrongful Conduc,:tJleyond the Scope of Fmployment. Nothing herein shall require, or be interpreted to require 'indemnification or sharing In the payment of any judgment ilgainst any VSWAT Team personnel for.lntentionally wrongful conduct that Is outside of the scope of employment of any Individual or for any·judgtnent of punitive damages against any·lndivldual or jurisdiction. Payment of any·awmd 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 legaJ.counsel to co/lecti,vely•represent snd defend the jurisdictions in any legal action. Those jurisdictions r·etainlng join\ 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 representatloq or defense. The jurisdictions and their respective defense counsel shall make a good faith attempt to cooperate with other psrticipating jurisdictions by, including but not limited to, providing all documentation requested, Rnd making VSWAT Te.am members available for depositions, discovery, · settlement conferences, strategy meetings, and trial. D. Removal From Lawsuit. In the event a jurisdlctio'n or employee Is · successful in withdrawing or removing the jurisdiction or employee·from a lawsuit by sumniary judgrnenl, · qualified Immunity, or citllerwlse, the jurlsdlqtlori shall nonetheless be required to pay Its equal 9hare of any award for or settlement of the lawsuit; PROVIDED, nowever, that in the ev.ent a jurisdiction o( employee Is removed from the lawsuit and subsection (A) of this section Is satisfied, the jurisdiction shall n9t be required to pay any share of the award or settlement. · E. Settlement Pr~cess. · 1.\ Is the Intent of !~is Agreement that the jurisdictions · aCt in good faith on. beha.lf o'f each other In conducting settlement negotiations on liab'J!Jty. claims or lawsuits. so· that, whenever possible, all parties agree with. the settlement or, In jhe alternat/ye, agree to proceed to !rial. In the event a clal.m or lawsuit requires the sharing of liability, no V1\LLEY SWAT TEAM 08-1S-20W INTERLOCAL AGREEMENT Page b '" individual jurisdiction shall' be authorized to enter Into a· settlement agreement· with a clalmanl or ·plaintiff unless all jurisdictions agree with· the terms of the settlement.· .Any settlement m01de. by 0111 individual jurisdiction· wilhout the agreement of tlie remaining jurisdictions, wlien required, shall not relieve the settling jurisdiction from· paying an equal sJ1are of any final settlement' or awe rd. F. Defense Waiver. This section shall not be Interpreted to waive any defense arising'out of RCW Title 51. G. Insurance. The failure of any Insurance carrier or self·insured pooling organ!z01tlon to agree to or follow the terms of this section· shall not relieve any Individual jurlsdlcti.on from Its obligations under this Agreement. XIV. NOTICE OF CLAIMS, LAWSUITS, AND SETTLEMENTS . . . In the event f1 claim Is flied or lawsuit Is brought against a particlp01tlng jurisdiction or Its . employees for· actions arising out of their conduct In support of VSWAT Team opemtions, the jurisdiction shall prompt,ly n9tify the other jurisdictions that the claim or l01wsuit has been initia.ted. A0Y documentation, including the claim or legal complaints, shall promptly be provided to each participating jurisdiction. Afly jurisdiction or membei' who believes or knows that anotl:ler jurisdiction would be liable 'tor a claim, settlement, 'or judgment that arises from a VSWAT Team action or operation, shall have (he burden of notifying each participating jurisdiction of all claims, lawsuits, settlements, or demands made to that jurisdiction. In the event a p01rtlclpatlng jurisdiction has a right, pursuant to section XIII of this Agreement, to be defended 01nd held harmless by another participating jurisdiction, the jurisdiction having ihe right to be aefended and held harmless shall promptly tendt;Jr the defense of such claim or lawsuit . to the jurisdiction that must defend and hold the ot11er harmless. XV. PROCESSING OF CLAlMS. A' Designation of Lead Jurisdiction. There shall be a lead jurisdiction for processing a claim th~t is filed with and against cities for alleged damages and Injuries that occur as 01 result of VSWAT Team activities. The lead jurisdiction shall be t11e jurisdiction within which the VSWAT Team response occurred{ PROVIDED, that in· the event the jurisdiction within which the ,VSWAT Team response occurrod did not participate 'in the VSWAT ·Team response, the lead jurisdiction shall be th.e 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 Te<lm response receives the claim, th01t jurisdiction shall notify the. other·. jurisdictions. In 01ccordance with Section XIV'of this Agreement, and shall use Its best efforts lo determine who is the appropriate lead jurisdiction. · · . VALlEY SWA.TTEAM08·19-20IO INTERLO<;AL AGREEMENT P~ge 7 · B. Assistance of Tactical Commander. The VSWAT Team Tactical Commander shall assist the lead jurisdiction· In responding to a claim.' The VSW/AT Team Tactical Corrunander 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 sltjlements, documents from emergency dispatch centers, and wammts from. all jurisdictions that participated In the VSWAT Team respor)se. The Tactical Commander shalt also provide a list of personnel who participated in the response and their contact information. The Tactical Commander shall deliver all copies of' tho records l() the lead jurisdiction promptly upon . roqu~. · C. . Claims of $5,000 or 'Less. I. Lead Jurlsdlctlon Responsibliltles. The lead jurisdiction shall be responsible f9r worl<lng 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 io the claim <1nd th'e costs of defending the claim. ' . . ii. Liability Determination-Apportionment of Damages. The lead jurisdiction, 'with the asslstanc(/ of Its insurance provider and risl< manager, shall determine whether the VSWAT Te<un Is liable for damCjges set forth in a claim, and whet11er the payment of the claim would be In the best Interest of the jurisdictions and/or tlie VSWAT Team. In the event the lead jurisdiction determines that payment o'f a claim is appropriate, such determln<lllon shall be final and binding upon other jurisdictloris and payment shall be apportioned equally <~mong 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 respons~J 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 payll)ent, the insurance provider providing payment shall obtain ·from the claimant a complete and total release of liability on behalf of all Jurisdictions particlpatlng In the VSWAT Team and each and every officer·, agent,. or volunteer of those par-ticipating jurisdictions. 'VALLEY SWAT TEAM 08-19-2010 INTERLOCAL AGREEMENT Paga S ... In the event the lead jurisdiction determines (ha! tf1e VSWAT Te<1m Is not liable for damogos set forlh In a claim or thaf the payment of the claim .would not be in the best Interest of th·e ·jurisdictions and/or the VSWAT Team, the lead jurisdiction shall no!lfy the other jurisdictions of the determination, and such determination shall be tilndlng on the other jurisdictions; PROVIDED, that another jurl,odiction that determines that payment Is appropriate may pay stich' claim In full, and shall not seek reimbursement from the other participating jurisdictions. iif. Letter From Insurance Adjusters. In the event a "lead jurisdiction, In conjunction willl Its Insurance provider, determines that payment of a claim Is appropriate, the Insurance provider ·. sl1al/ provide each of the · participating jurisdictions with a letter stating the determination CJnd the bas'es for such determination. "· · · D. Claims over $5,000. i. Lead Jurisdiction Responslbllltl!ls. The lead jurisdiction· shall schedule a meeting witll all jurisdictions paliicipating in the VSWAT .Team to discuss the claim and to determine the appropriate manner in which· to respond and/or defo.nd the claim. The Board and persons listed in Section XVII of this Agreement shall be notified of the meeting. XVI. PROC!'OSSING OF LAWSUITS. XVII. A. . Notification to Other Jurisdictions. In the event a )urlsdictioli is served with a lawsuit, thai 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 lawsult shall schedule a meeting with all of th·e jurisdictions· participating in th·e VSWAT Team to discuss the l.awsuit 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. ' . NOTIFICATION OF CLAIMS AND LAWSU.ITS. Section XIV of this Agreement requires that the jurisdiction receiving 9 claim or lawsuit notify the other jur)sdlctions of the claim or lawsuit and provide documentation o( that .claim or lawsuit to the other ·jurisdictions. Nothing in this Agreement shall be deemed a waiver by any partlclpati,ng jurisdiction of the VALLEY SWAT TEAM OS-·19·20 10 II<TtRLOCAL AGREEMeNT Pa,ga 9 requirements set forth in Chapter 4.96 RCW, and the fact that a participating jurisdiction provides hotice or copies of a claim to another jurisdiction shall ncit be deemed compllanc.e with the requirement that a party w11o files suit against a jurisdiction first file a claim with the jurisdiction In accordance wltl1 Chapter 4.96 RCW. Moreover, nothing .in this Agreement shall be deemed acceptance of service of a lawsuit, and t~e 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 th~ State or Federal Rules of Civil Procedure or the Revised Code of Washington. For the p(H'poses of Implementing Section XIV of this Agreement, the following persons from each jurisdiction shall receive any required notification or documentation: Auburn: Auburn City Attorney 25 West Main street Auburn, WA 98001 (253) 931-3030 Auburn Police Chief 340 East Main Street, Suite 201 'Auburn, WA 98002 (253) 931-3080 Auburn Hurnan Resources ' Director/Risk Manager 25 West Main Street Auburn, WA 98001 (253) 931-3040 Auburn City Clerk 25 West Main Stroot Auburn, WA 88001 ' (253) 931-3039 I . . Port of So8ttlo: · Port of Seattle Claims Manager P.O. Box 60727 · Seattle, WA 98168 Tulswila: ~-Cit~ Clerk VALLEY SWAT TEAM 08·19·20 10 INTERL'Jc'Ai. AGREEMENT . Poge Ill - 'kant: Kent City Attorney 220 4'" Avenue South . Kent, WA 98032 (253) 856-5781 -----·····--------- i<ent Rlsl< Manager 220 4'" Avenue South Kent, WA 98032 (253) 856-5285 •~~•nu • Kent City Cieri< 220 4'h AvenuE! South Kont, WA 98032 (253) 856-5728 l<ent Pollee Chief 220 4'" Avenue South l<ent, WA 90032 (253) 856-588R . -Federal Way: Federal Way City Clerk· ~3325 -8'h Avenuo Sou\11 FedeniiWay, WA 98003 - Fe<;leral Way City Attorney · 33325-81h Avenue South Federal W<Jy, WA ·98003 ,., ',. ' ' City ofT 6200 So Tukwila ul<wlla uthcenter Rlvd. , WA 98188 WCIA: <mager ClalmsM WCIA P.O. Bo Renton, X 1166 WA 98057 ClAW: f Claims & Associates, Inc. Director o Canfield 4o1 Diam Ephrata, ond D~ve WA 9.8823 - XVIII, COMPLIANCE WITH THE LAW .,, . '• Renton: Renton Risk Manager ·1 066 So. Grady Way Renton, WA 98057 ' ·····- " --~--~- The VSWAT Team and all Its members shall comply with all federal, state, and local laws .that apply to the VSW,AT Team. · · XIX, ALTERATIONS This Agreement may be modified, amended, or altered by agreement of all participating j'ur/sdlcti.ons 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 ~oordina'tor. ·All records shall be Ewailable , for full Inspection and ~opying by Gf!Ch participating jurisdiction, XXI. FILING Upon execution heteof, this Agreement shall be filed with the city clerks of the respective participating municipalities, and such other governmental· agencies as may . be r.equired by law. · XXII. SEVERABILITY . : . ,, VALLEY SWAT TEAM OB-19-2010 INTERI.OCAL N3REEMENJ' •.,. . If any part, paragraph, section, or provision of this Agreement is held to b(J invalid by any cour! of competent jurisdiction,. such adjudlcatioil shall not affect the validity of any remaining section, part, or provision ofthis Agreer:nE~nt. · ·XXIII. MUNICIPAL AUTHORIZATIONS This Agreement shall be execut~d on behalf of each participating jurisdlctfon by its duly authorized repr·esentative and pursuant to an appropriate r.esolution or ordinance of the governing body of each parficipating jurisdiction. This Agreement shall" Be deemed effective upon.lhe·iast date of execution by tile last so authorized representative. This Agreement rnay b.e executed by 'counterparts and bo 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 Agreemont on behalf of the jurisdiction, and the juri~cHction agi·ees to the terms of this Agreement: Mayor, City of Auburn City Clerk, City of Auburn Mayor, City of Renton City Clerk, City of Renton Mayor, City of Tukwila City Clerk, City ofTukwila Mayor, City of l<ent VALLEY SWAT TEAM.OB-19-201 0 INTERLOCAt AGREEMENT Dato . City Attorney, City of Auburn Date ----~~ Date Date City Attorney, City of Renton . Date Date Date City Attorney, City of Tui<WIIa Date Dat!l ---------- Dale City Attorney, City of Kent Date Date Page 12 Chief Executive Officer, Pori of Sea tile -'Date Port Counsel, Port of Seattlo. ... VALLEY SWATTEAM 08·19-2010 lNTERt.OL~IIL AG~EEME~T lJate ·\ ... ' .