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Home My WebLink AboutPD04-170 - Amendment - #1 - Valley Special Response Team - Designation of Lead Jurisdiction - 08/31/04 y i ADDENDUM ONE TO THE VALLEY SPECIAL RESPONSE TEAM INTERLOCAL COOPERATIVE AGREEMENT BETWEEN THE CITIES OF AUBURN, FEDERAL WAY, KENT, RENTON, TUKWILA, & THE PORT OF SEATTLE THIS ADDENDUM ONE is made between the cities of Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle, all Washington municipal corporations, and amends the Valley Special Response Team Interlocal Cooperative Agreement, dated effective November 13, 2003. WITNESSETH: WHEREAS, the cities of Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle I entered into an interlocal cooperative agreement, in accordance with Chs. 10.93, 39.34, and 53.08 of the Revised Code of Washington in order to establish and maintain a multi- jurisdictional team to effectively respond to serious criminal occurrences as described within that agreement; and WHEREAS, this multi-jurisdictional team is known as the Valley Special Response Team ("SRT"); and WHEREAS, from time to time, claims and lawsuits are filed with and against the jurisdictions that participate in the SRT for alleged damages and injuries that occur as a result of SRT activities; and WHEREAS, it is acknowledged that claims and lawsuits may be filed against jurisdictions that did not participate in the SRT response that gave rise to the claim or lawsuit or that a claim or lawsuit may be filed against a jurisdiction that is not in the best position to coordinate a response to the claim or lawsuit; and WHEREAS, the jurisdictions participating in the SRT have elected to enter into this Addendum One in order to establish a process that will assist them in processing and responding to claims and lawsuits in a matter that best meets the purposes and policies of the Interlocal Agreement; NOW THEREFORE, the cities of Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle agree as follows: I. 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 result of SRT activities. The lead jurisdiction shall be the jurisdiction within which the SRT response occurred; PROVIDED, that in the event the jurisdiction within which the SRT response occurred did not participate in the SRT response, the lead jurisdiction shall be the jurisdiction within which the incident that required the SRT response originated. In the ADDENDUM ONE TO THE VALLEY SRT INTERLOCAL AGREEMENT- 1of6 (August 20, 2004) 6 event that a jurisdiction that was not involved in the SRT response receives the claim, that jurisdiction shall notify the other jurisdictions in accordance with Section XIV of the Agreement and this Addendum, and shall use its best efforts to determine who is the appropriate lead jurisdiction. B. Assistance of Tactical Commander. The SRT Tactical Commander shall assist the lead jurisdiction in responding to a claim. The SRT Tactical Commander shall be responsible for gathering all records relating to the SRT 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 SRT 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. C. Claims of $5,000 or Less. I. Lead Jurisdiction Responsibilities. The lead jurisdiction shall be responsible for working with the Tactical Commander to gather records relating to the SRT 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 SRT 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 SRT. In the event that 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 SRT 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 p any Y payment of 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 ADDENDUM ONE TO THE VALLEY SRT INTERLOCAL AGREEMENT-2 of 6 (August 20, 2004) J of all jurisdictions participating in the SRT and each and every officer, agent, or volunteer of those participating jurisdictions. In the event that the lead jurisdiction determines that the SRT 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 SRT, 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 that 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 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 SRT to discuss the claim and to determine the appropriate manner in which to respond and/or defend the claim. The SRT Board members and persons listed in Section IV of this Addendum shall be notified of the meeting. II. PROCESSING OF LAWSUITS. A. Notification to Other Jurisdictions. In the event that 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 the SRT Agreement and this Addendum. B. Coordination of Initial Meeting. The jurisdiction that initially receives a lawsuit shall schedule a meeting with all of the jurisdictions participating in the SRT to discuss the lawsuit and to determine the appropriate manner within which to respond and/or defend the lawsuit. The SRT Board members and persons listed in Section III of this Addendum shall be notified of the meeting. III. NOTIFICATION OF CLAIMS AND LAWSUITS. Section XIV of the SRT 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. In addition, the procedures set forth in this Addendum require notification to participating jurisdictions. Nothing in the Agreement or this Addendum shall be deemed a ADDENDUM ONE TO THE VALLEY SRT INTERLOCAL AGREEMENT-3 of 6 (August 20, 2004) 0 waiver by any participating jurisdiction of the requirements set forth in Chapter 2.96 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 2.96 RCW. Moreover, nothing in the Agreement or this Addendum 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 the Agreement and the procedures set forth in this Addendum, the following persons from each jurisdiction shall receive any required notification or documentation: Auburn: Kent: Daniel B. Heid Arthur Pat Fitzpatrick Auburn City Attorney Kent Deputy City Attorney 220 4th Avenue South 25 West Main Street Kent, WA 98032 Auburn, WA 98001 (253) 856-5781 (253) 931-3030 pfitzpatrick(@ci.kent.wa.us dheid(@-ci.auburn.wa.us Jim Kelly Chris Hills Auburn Police Chief Kent Risk Manager 101 N. Division 220 4th Avenue South Auburn, WA 98001 Kent, WA 98032 (253) 931-3080 (253) 856-5285 jkelly(a�ci.auburn.wa.us chills(a ci.kent.wa.us Brenda Heineman Brenda Jacober 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 biacober �ci.kent.wa.us bheineman(aD-ci.auburn.wa.us Danielle E. Daskam Ed Crawford 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 ddaskam(a ci.auburn.wa.us ecrawford@ci.kent.wa.us ADDENDUM ONE TO THE VALLEY SRTINTERLOCAL AGREEMENT-4of6 (August 20, 2004) Kent (cont.): Dave Santos Kent Police Support Services Mgr 220 41" Avenue South Kent, WA 98032 dsantos(c)ci.kent.wa.us Federal Way: Renton: City Clerk Mike Webby City of Federal Way Renton Risk Manager P.O. Box 9718 1055 So. Grady Way Federal Way, WA 98063 Renton, WA 98055 Patricia Richardson Port of Seattle: Federal Way City Attorney City of Federal Way Peggy McPartland P.O. Box 9718 Port of Seattle Claims Manager Federal Way, WA 98063 P.O. Box 1209 Seattle, WA 98111 mcpartland pia portseattle.org Tukwila: CIAW: City Clerk Phillip M. Riche City of Tukwila Director of Claims 6200 Southcenter Blvd. Canfield & Associates, Inc. Tukwila, WA 98043 451 Diamond Drive Ephrata, WA 98823 priche cD-canfield-associates.com WCIA: Peg Campbell Claims Manager WCIA P.O. Box 1165 Renton, WA 98057 pegc anwciapool.org IV. CONFLICT WITH AGREEMENT. If any provision of this Addendum conflicts with the provisions of the Agreement, the terms of the Agreement shall control. ADDENDUM ONE TO THE VALLEY SRT INTERLOCAL AGREEMENT-5 of 6 (August 20, 2004) V. EFFECTIVE DATE. This Addendum shall become effective upon the last date of execution by the last authorized representative. VI. REMAINING PROVISIONS. Except as specifically amended, all provisions of the Agreement shall remain in full force and effect. 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 Addendum. 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 Mayor, City of Tukwila 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 r , it f ent Date C' y Mana er, City,of Feder I Way D to City Att ey, City of Federa Way D to I,hk .1 . I �A ib/ ity Jerk, City of Feder Date Executive Director, Port of Seattle Date Port Counsel, Port of Seattle Date P\CNiRFILES\OpenFiles\0706 dd,nd,.-One-Claims.P,.n,,.dm ADDENDUM ONE TO THE VALLEY SRT INTERLOCAL AGREEMENT-6 of 6 (August 20, 2004) V. EFFECTIVE DATE. This Addendum shall become effective upon the last date of execution by the last authorized representative. VI. REMAINING PROVISIONS. Except as specifically amended, all provisions of the Agreement shall remain in full force and effect. 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 grees to the terms of this Adde Maypr, City of Auburn Date C t r u rn Date Aitylerk, City ofiAuburn Date Mayor, City of Renton Date City Attorney, City of Renton Date City Clerk, City of Renton Date Mayor, City of Tukwila Date City Attorney, City of Tukwila Date City Clerk, City of Tukwila Date Mayor, City of Kent Date City Attorney, City of Kent Date ty Clerk ty ent Date ity Mana er, it of Federa Way e City Attd ey, City of Federal Way Date 3 it lerk, City of Federal Date Executive Director, Port of Seattle Date Port Counsel, Port of Seattle Date ADDENDUM ONE TO THE VALLEY SRT INTERLOCAL AGREEMENT-6 of 6 (August 20, 2004) V. EFFECTIVE DATE. This Addendum shall become effective upon the last date of execution by the last authorized representative. VI. REMAINING PROVISIONS. Except as specifically amended, all provisions of the Agreement shall remain in full force and effect. 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 Addendum. 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 Mayor, City of Tukwila Date City Attorney, City of Tukwila Date City Clerk, City of Tukwila Date Mayor, City of Kent Date City Attorney, City of Kent Date 1 t City , C' p ent Date ity Ma ger, Ci Aft of Fe ral Way pp ate City A ey, City of Fede al Way ate 0 � it I o Fe'r a gate Executive irector, Port of Seattle Date P C nsel, Po of the Date P Kw+FIESbwF+.M/OENEnrWnO"r1^"-0'°c'..eec ADDENDUM ONE TO THE VALLEY SRTINTERLOCAL AGREEMENT-6of6 (August 20, 2004) 07-20-'06 11:05 FROM-Tukwila PD Admin 2064337197 T-232 P010/010 F-519 1 V. EFFECTIVE DATE. This Addendum shall become effective upon the last date of execution by the lest authorized representative. VI. REMAINING PROVISIONS. Except as specifically amended, all provisions of the Agreement shall remain in full force and effect. 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 Addendum. 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 Cit Clerk, City of Renton ate Mayor, City of Tukwila 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 r , ent Date y Manager, Ci of Fe ral Wa Date City Att ey, City of Federal Way D to dd AY J11 1 . /07 9) /&, Ci lerk, City of F der I a Date Executive Director, Port of Seattle Date Port Counsel, Port of Seattle Date v,c.,ncscsroP.nr..a ruwaa�.o,.cw,�na,...+w ADDENDUM ONE TO THE VALLEY SR'T INTERLOCAL AGREEMENT-6 of B (August 20, 2004)