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HomeMy WebLinkAboutInterlocal Cooperative Agreement-Patrol Auto Theft Task Force~~j,~~s • D INTERLOCAL COOPERATIVE AGREEMENT BETWEEN THE MUNICIPALITIES OF AUBURN, BEAUX ARTS VILLAGE, BONNEY LAKE, BURIEN, COVINGTON, DES MOINES, FEDERAL WAY, KENT, MAPLE VALLEY, NEWCASTLE, PACIFIC, RENTON, SEATAC, SUMNER, TUKWILA, AND THE MUCKLESHOOT RESERVATION, THE KING COUNTY SHERIFF'S OFFICE, THE PORT OF SEATTLE, FOR CREATION OF THE PATROL AUTO THEFT TASK FORCE 1. PARTIES The parties to this Agreement are the King County Sheriff's Office, the Port of Seattle, the Muckleshoot Reservation, and the municipalities of Auburn, Beaux Arts Village, Bonney Lake, Burien, Covington, Des Moines, Federal Way, Kent, Maple Valley, Newcastle, Pacific, Renton, SeaTac, Sumner, 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 Chapters 10.93, 39.34, and 53.08 of the Revised Code of Washington. III. PURPOSE The parties to this Agreement desire to establish and maintain a multi-jurisdictional team to effectively investigate and enforce the laws relating to auto theft. This team shall be referred to as the P.A.T.R.O.L. Task Force ("Task Force"). IV. FORMATION There is hereby created a multi-jurisdictional team to be hereafter known as the "Task Force," the members of which are named above in section "I. Parties." The future admission or elimination of a jurisdiction as a member of the Task Force may be accomplished by an addendum to this Agreement. V. STATEMENT OF PROBLEM King County and the municipalities within the Puget Sound area have experienced an increase in urbanization and population densities. The increase in urbanization and population within the area has resulted in an increase in crime associated with auto theft. The ability to address auto theft and the crimes associated with it has stretched the resources of individual police department investigative units. Law enforcement efforts directed at dealing with auto theft issues have, for the most part, been conducted by law enforcement agencies working independently. A multi-jurisdictional effort to handle specific and complicated auto theft investigations will result in more effective pooling of personnel, improved utilization of funds, reduced duplication of equipment, improved training, development of specialized expertise, improved information sharing, and increased utilization/application of a combined auto theft task force. The results will improve services for all of the jurisdictions, increase safety for the community, and improve auto theft prosecution. P.A.T.R.O.L. TASK FORCE INTERLOCAL AGREEMENT Page 1 of 11 (October 17, 2008) VI. TEAM 0B7ECTIVES The assigned personnel from each jurisdiction will form a combined investigation task force that serves each of the jurisdictions' service areas. The Task Force may also be available to outside law enforcement agencies as provided by laws relating to mutual aid. The objective of the Task Force shall be to provide enhanced and more efficient use of personnel, equipment, budgeted funds, and training. The Task Force shall respond as able and as approved by the Supervisor or Commander when requested by any of the parties. VII. DURATION AND TERMINATION The minimum term of this Agreement shall be one (1) year, effective upon its adoption and pursuant to the grent period. This Agreement shall automatically extend for consecutive one (1) year terms conditioned upon the receipt of funding through the Washington Auto Theft Prevention Authority (WATPA) grant process. A jurisdiction may withdraw its participation in the Task Force by providing written notice of its withdrawal, and serving such notice upon each Executive Board member of the remaining jurisdictions. A notice of withdrawal shall become effective ninety (90) days after service of the notice on all participating members. The Task Force may be terminated by a majority vote of the Board. Any vote for termination shall occur only when the police chief, or his or her designee, of each participating jurisdiction is present at the meeting in which such vote is taken. VIII. GOVERNANCE The affairs of the Task Force shall be governed by an Executive Board ("Board"), whose members are composed of the police chief, or his/her designee, from each participating jurisdiction. Each member of the Board shall have an equal vote and voice on all Board decisions. All Board decisions shall be made by a majority vote of the Board members, or their 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 other officers as a majority of the Board may decide. The Board shall meet monthly, unless otherwise determined 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 emergency situations, the presiding officer may conduct a telephonic meeting or a poll of individual Board members to resolve any issues related to such emergency. The Board may, at its discretion, adopt policies, regulations, and operational procedures that shall apply to Task Force operations. If adopted, the Task Force written policies, regulations, and operational procedures shall apply to all operations. To the extent that the written policies, regulations, and operational procedures of the Task Force conflict with the policies, regulations, and operational procedures of the individual jurisdictions, the Task Force written policies, regulations, and procedures shall prevail. P.A.T.R.O.L. TASK FORCE INTERLOCAL AGREEMENT Page 2 of 11 (October 17, 2008) IX. STAFF Upon establishment of this Agreement, the staff listed below shail serve at the pleasure of the Board, and, with the exception of the paralegal, prosecutor, crime analyst, and AFIS Examiner positions, shall have authority to determine which jurisdictions will contribute staff, and shall have authority to select the staff. The Board may change, eliminate, or add staff positions as deemed appropriate. The Board shall, to the best of its ability, determine which jurisdictions shall provide staff for the various positions during, or shortly after the conclusion of, the previous year's budget cycle. A staff member of the Task Force may be removed from his or her position for any reason by majority vote of the Board or by the chief/sheriff of the participating jurisdiction of whom he or she is employed. All Task Force staff members shall be in good standing with his or her employing jurisdiction at all times during service on the Task Force. Commander: A Task Force Commander, with the rank of Lieutenant, Commander, or Captain (or command level equivalent) from his/her respective jurisdiction shall be appointed by the Board. The Commander shall act as principal liaison and facilitator between the Board and the members of the Task Force. The Commander shall operate under the direction of the presiding officer of the Board. The Commander shall be responsible for informing the Board on all matters relating to the function, expenditures, accomplishments, and challenges of the Task Force. The Commander shall prepare monthty written reports to the Board on the actions, progress, and finances of the Task Force. In addition, the Commander shall be responsible for presenting any policies, regulations, and operational procedures and revisions for Board review and approval. Task Force Supervisor: A Task Force Supervisor with the rank of Sergeant or equivalent from his/her respective jurisdiction shall be appointed by the Board. The Task Force Supervisor shall act as the first level supervisor for the task force and shall report directly to the Commander. Task Force Detective: The Task Force shall be served by six (6) detectives assigned from various participating jurisdiction, who are appointed by the Board. Crime Analyst: The Task Force shall be served by one (1) crime analyst provided by one of the participating jurisdictions. Prosecutor/ParalecLal: The Task Force shall be served by one (1) prosecuting attorney and one (1) paralegal provided by the King County Prosecutor's Office. This direct access will improve communication and prosecution of auto theft cases investigated by the Task Force. AFIS Examiner: The Task Force shall be served by one (1) AFIS Examiner and vehicle. This staff inember will be provided by the King County Sheriff's Office and will be available to assist the Task Force. All rights, duties, and obligations of the employer and the employee shall remain with the contributing jurisdiction. Each jurisdiction 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. P.A.T.R.O.L. TASK FORCE INTERLOCAL AGREEMENT Page 3 of 11 (October 17, 2008) The Board will appoint the finance department of the Task Force Commander's jurisdiction to manage the finances of the Task Force. The duty of managing the finances of the Task Force shall be rotated to other participating jurisdictions in concurrence with the appointment of the Task Force Commander and at the discretion of the Board. X. EQUIPMENT, TRAINING, AND BUDGET Equipment, training, and expenses will be paid by the Task Force as outlined in the WATPA grant and through the managing jurisdiction's finance department. Those expenses not outlined in the grant will be the responsibility of the incurring jurisdiction and/or its personnel. As outlined in the WATPA grant, each participating jurisdiction shall provide a monthly expenditure to the managing jurisdiction's finance department for any reimbursements through the WATPA grant. XI. LIABILITY, HOLD HARMLESS, AND INDEMNIFICATION The participating jurisdictions agree to equally share responsibility and liability for the acts or omissions of their participating personnel when acting in furtherance of this Agreement. In the event that an action is brought against any of the participating jurisdictions, each jurisdiction shall be responsible for an equal share of any award for or settlement 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 for the conduct. The jurisdictions shall share equally regardless of the number of jurisdictions named in the lawsuit or claim or the number of officers from each jurisdiction named in the lawsuit or claim. This section shall be subject to the conditions and limitations set forth in subsections A through G below. A. Jurisdiction Not Involved In Task Force. In the event that a jurisdiction or its personnel were not involved in the Task Force during an incident that gives rise to a claim or lawsuit, and judgment on the claim or lawsuit does not, in any manner, implicate the acts of a particular jurisdiction or its personnel, such jurisdiction shall not be required to share responsibility for the payment of the judgment or award. B. IntentionaNy WronQful Conduct Beyond the Scope of Emplovment. Nothing herein shall require, or be interpreted to require indemnification or sharing in the payment of any judgment against any Task Force personnel for intentionally wrongful conduct that is outside of the scope of employment of any individual or for any judgment of punitive damages against any individual or jurisdiction. Payment of any award 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 legal counsel to collectively represent and defend the jurisdictions in any legal action. Those jurisdictions retaining joint 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 attorney fees accrued by its individual representation or defense. The jurisdictions and their respective defense counsel shall make a good faith attempt to cooperate with other participating jurisdictions by, including but not limited to, P.A.T.R.O.L. TASK FORCE INTERLOCAL AGREEMENT Page 4 of 11 (October 17, 2008) providing all documentation requested, and making Task Force members available for depositions, discovery, settlement conferences, strategy meetings, and trial. D. Removal From Lawsuit. In the event a jurisdiction or employee is successful in withdrawing or removing the jurisdiction or employee from a lawsuit by summary judgment, qualified immunity, or otherwise, the jurisdiction shall nonetheless be required to pay its equal share of any award for or settlement of the lawsuit; PROVIDED, however, that in the event a jurisdiction or employee is removed from the lawsuit and subsection (A) of this section is satisfied, the jurisdiction shall not be required to pay any share of the award or settlement. E. Settlement Process. It is the intent of this Agreement that the jurisdictions act in good faith on behalf of each other in conducting settlement negotiations on liability claims or lawsuits so that, whenever possible, all jurisdictions agree with the settlement or, in the alternative, agree to proceed to trial. In the event a claim or lawsuit requires the sharing of liability, no individual jurisdiction shall be authorized to enter into a settlement agreement with a claimant or plaintiff unless all jurisdictions agree with the terms of the settlement. Any settlement made by an individual jurisdiction without the agreement of the remaining jurisdictions, when required, shall not relieve the settling jurisdiction from paying an equal share of any final settlement or award. F. Defense Waiver. This section shall not be interpreted to waive any defense arising out of RCW Title 51. G. Insurance. Each jurisdiction shall maintain insurance, through the commercial insurance market, an insurance pool, self-insurance, or a combination of coverage in the following amounts: 1. General Liabilitv: $2,000,000 per occurrence minimum coverage to include law enforcement liability and contractual liability. 2. Auto Liabilitv: $2,000,000 combined single limit, including coverage for "any auto." 3. Employment Practices Liabilitv: $2,000,000 each claim either included in general liability coverage, or, as a standalone policy. 4. Worker Compensation: Statutory limits shall be in place. 5. PropertyJEquil2ment Coveraqe: Members shall be responsible for insuring, through whatever means applicable, their own property and/or equipment utilized during task force operations. The failure of any insurance carrier or self-insured pooling organization to agree to or follow the terms of this section shall not relieve any individual jurisdiction from its obligations under this Agreement. XII. NOTICE OF CLAIMS, LAWSUITS, AND SETTLEMENTS In the event a claim is filed or lawsuit is brought against a participating jurisdiction or its employees for actions arising out of its conduct in support of Task Force operations, the jurisdiction shall promptly notify the other jurisdictions that the claim or lawsuit has been initiated. Any documentation, including the claim or legal complaints, shall promptly be provided to each participating jurisdiction. Any jurisdiction or member who believes or knows that another jurisdiction would be liable for a claim, settlement, or judgment that arises from a Task Force action or operation, shall P.A.T.R.O.L. TASK FORCE INTERLOCAL AGREEMENT Page 5 of 11 (October 17, 2008) have the burden of notifying each participating jurisdiction of all claims, lawsuits, settlements, or demands made to that jurisdiction. In the event a participating jurisdiction has a right, pursuant to section XI of this Agreement, to be defended and held harmless by another participating jurisdiction, the jurisdiction having the right to be defended and held harmless shall promptly tender the defense of such claim or lawsuit to the jurisdiction that must defend and hotd the other harmless. XIII. PROCESSING OF CLAIMS A. Designation of Lead Jurisdiction. There shall be a lead jurisdiction for processing a claim that is filed with and against the jurisdictions for alleged damages and injuries that occur as a result of Task Force activities. The lead jurisdiction shall be the jurisdiction within which the Task Force response occurred; PROVIDED, that in the event the jurisdiction within which the Task Force response occurred is entitled to be defended and held harmless by another jurisdiction, the lead jurisdiction shall be one of the jurisdictions that was involved in the response. In the event that a jurisdiction that is entitled to be defended and held harmless by another jurisdiction receives the claim, that jurisdiction shall notify the other jurisdictions in accordance with section XII of this Agreement, and shall use its best efforts to determine who is the appropriate lead jurisdiction. B. Assistance of Tactical Commander. The Task Force Commander shall assist the lead jurisdiction in responding to a claim. The Task Force Commander shall be responsible for gathering all records relating to the Task Force 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 alt jurisdictions that participated in the Task Force response. The Commander shall also provide a list of personnel who participated in the response and their contact information. The Commander shall deliver all copies of the records to the lead jurisdiction promptly upon request. C. C/aims of $5,000 or Less. With respect to claims that seek $5,000 or less, the following provisions shall apply: Lead Jurisdiction Responsibilities. The lead jurisdiction shall be responsible for working with the Commander to gather records relating to the Task Force 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 - Apportionmenr of Dama4es. The lead jurisdiction, with the assistance of its insurance provider and risk manager, shall determine whether the Task Force 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 Task Force. In the event 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 Task Force response. The P.A.T.R.O.L. TASK FORCE INTERLOCAL AGREEMENT Page 6 of 11 (October 17, 2008) insurance provider for the lead jurisdiction shall provide full payment to the ciaimant, and each jurisdiction that participated in the response 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 payment, the insurance provider providing payment shall obtain from the claimant a complete and total release of liability on behalf of all jurisdictions participating in the Task Force and each and every officer, agent, or volunteer of those participating jurisdictions. In the event the lead jurisdiction determines that the Task Force 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 Task Force, 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. Letter From Insurance Adjusters. In the event 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. With respect to claims that seek more than $5,000, the following provisions shall apply: i. Lead Jurisdiction Responsibilities. The lead jurisdiction shall schedule a Board meeting with all jurisdictions participating in the Task Force to discuss any claim over $5,000 and to determine the appropriate manner in which to respond and/or defend the claim. Board members shall be permitted to invite legal and insurance representatives from their respective jurisdictions for the purposes of providing legal representation and advice in conducting the meeting in a manner that protects privileged information. XIV. PROCESSING OF LAWSUITS A. Notification ro Other Jurisdictions. In the event 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 XII of this Agreement. B. Coordination of Initia/ Meetin4. The jurisdiction that initially receives a lawsuit shall schedule a meeting with the Board to determine the logistics in which the suit will be defended. Board members shall be permitted to invite legal and insurance representatives from their respective jurisdictions for the purposes of providing legal representation and advice in conducting the meeting in a manner that protects privileged information. P.A.T.R.O.L. TASK FORCE INTERLOCAL AGREEMENT Page 7 of 11 (October 17, 2008) XV. PRE-CLAIM FILING REQUIREMENTS Section XII of this 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. Nothing in this Agreement shall be deemed a waiver by any participating jurisdiction of the requirements set forth in Chapter 4.96 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 4.96 RCW. Moreover, nothing in this Agreement 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. XVI. TRIBE CONSENT TO ]URISDICTION AND WAIVER OF SOVEREIGN IMMUNITY The Muckleshoot Tribe hereby expressly consents to the jurisdiction of the courts of the state of Washington and the federal government and waives its sovereign immunity status or defense in order to hear and resolve legal or equitable claims or counterclaims brought in any lawsuit by and between the parties to this Agreement and or their affected officers, officials, employees, and members concerning the interpretation of this Agreement, an asserted breach of this Agreement or the enforcement of any of its provisions. The Muckleshoot Tribe also expressly consents to the jurisdiction of the courts of the state of Washington and the federal government and waives its sovereign immunity status or defense in relation to any legal or equitable claims or counterclaims brought in any lawsuit by a third party wherein such third party seeks to recover, in law or equity, and under any legal claim whatsoever, for damages claimed to have arisen pursuant to the actions of the Task Force. The Muckleshoot Tribe hereby agrees that it shall be subject to all liability, hold harmless, and indemnification provisions contained within this Agreement to the same extent as the non-tribal jurisdictions that make up the Task Force. XVII. COMPLIANCE WITH THE LAW The Task Force and all its members shall comply with all federal, state, and local laws that apply to the Task Force. XVIII. ALTERATIONS This Agreement may be modified, amended, or altered by agreement of all participating jurisdictions and such alteration, amendment, or modification shall be effective when reduced to writing and executed in a manner consistent with this section. It is recognized that during the course of operations, it may become necessary to alter the terms of this Agreement to provide for efficient operation of the Task Force and to meet the goals of the Task Force. It is further recognized that the Board has the expertise necessary to provide for the efficient operation of the Task Force. To that end, the parties agree that changes may be made to this Agreement, or addendums added to this Agreement, without prior approval of the legislative bodies of the parties on the condition that such changes or addendums shall be effective only by a unanimous vote of all members of the Board. P.A.T.R.O.L. TASK FORCE INTERLOCAL AGREEMENT Page 8 of 11 (October 17, 2008) XIX. WRITTEN CONSENT TO ENFORCE TRAFFIC AND CRIMINAL LAWS This Agreement shall, pursuant to Chapter 10.93 RCW, constitute the prior written consent of each sheriff or police chief of each participating jurisdiction to permit the staff of any participating jurisdiction to enforce traffic or criminal laws in any of the participating jurisdictions in pursuit of the purpose of this Agreement. XX. FILING 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, and each jurisdiction shall, pursuant to RCW 39.34.040, list this Agreement by subject on its official website. XXI. 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. XXII. MUNICIPAL AUTHORIZATIONS This Agreement shall be executed on behalf of each participating jurisdiction by its duly authorized representative and pursuant to an appropriate resolution or ordinance of the governing body of each participating jurisdiction. This Agreement shall be deemed effective upon the last 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. By signing below, the si nor certifies that he or she has the authority to sign this Agreement on half of th ' risdicti , and the jurisdiction agree the terms of this Agreement. //z/o ~ Mayor, City of Aubrn Date ' Attorney, u ' Date ity Clerk, City of Auburn Date Mayor, City of Beaux Arts Village Date City Clerk, City of Beaux Arts Village Date a, I lin litIQI - Ma or, ity of B nne Lake ate &7/~ ity Clerk, City of Bonney Lake D te City Attorney, City of Beaux Arts Village Date - 7-~9 City A rney, City f Bonny Lake Date P.A.T.R.O.L. TASK FORCE INTERLOCAL AGREEMENT Page 9 of 11 (October 17, 2008) City Manager, City of Burien Date City Attorney, City of Burien Date City Clerk, City of Burien Date City Manager, City of Covington Date City Attorney, City of Covington Date City Clerk, City of Covington Date City Manager, City of Des Moines Date City Attorney, City of Des Moines Date City Clerk, City of Des Moines Date City Manager, City of Federal Way Date City Attorney, City of Federal Way Date City Clerk, City of Federal Way Date Mayor, City of Kent Date City Attorney, City of Kent Date City Clerk, City of Kent Date City Manager, City of Maple Valley Date City Attorney, City of Maple Valley Date City Clerk, City of Maple Valley Date City Manager, City of Newcastle Date City Attorney, City of Newcastle Date City Clerk, City of Newcastle Date City Manager, City of Pacific Date City Attorney, City of Pacific Date City Clerk, City of Pacific Date P.A.T.R.O.L. TASK FORCE INTERLOCAL AGREEMENT (October 17, 2008) Page 10 of 11 City Manager, City of Renton Date City Attorney, City of Renton City Clerk, City of Renton Date City Manager, City of SeaTac Date City Attorney, City of SeaTac Date 't Clerk, City of SeaTac Date Mayor ity of Sumner Date City Attorney, City of Sumner Date , 601AAI~ - ~ City Clerk, City of umn -6-09 Date Mayor, City of Tukwila City Clerk, City of Tukwila Date Date City Attorney, City of Tukwila King County Sheriff's Office Date Attorney, King County Sheriff Muckleshoot Reservation Date Attorney, Muckleshoot Reservation Executive Director, Port of Seattle Date Port Counsel, Port of Seattle °:\Civi I\Files\OpenFites\ 1349\AutoTheftTaskForcelnterlocal-102208Final. doc Date Date Date Date Date P.A.T.R.O.L. TASK FORCE INTERLOCAL AGREEMENT Page 11 of 11 (October 17, 2008)