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HomeMy WebLinkAbout4607 RESOLUTION NO. 4 6 0 7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON; APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITIES OF AUBURN, FEDERAL WAY, KENT, RENTON, TUKWILA AND THE PORT OF SEATTLE` FOR THE CREATION OF THE VALLEY CIVIL DISTURBANCE UNIT , WHEREAS, among the responsibilities that fall upon the City of Auburn would be responses to civil disturbances; and WHEREAS; in responding to civil disturbances, there is a greater need for coordination between various jurisdictions as civil disturbances can often affect more than one jurisdiction; and WHEREAS, in accordance with the ongoing practice of coordinating and cooperating with area jurisdictions for certain law enforcement related functions, it is appropriate that the City of Auburn work with area cities for valley civil disturbance responses and that can be effectively addressed through a Valley Civil Disturbance Unit comprised of participation by the various local jurisdictions; and WHEREAS, the cities of Auburn, Federal Way, Kent, Renton, Tukwila and the Port of Seattle have worked together to develop a Valley Civil Disturbance Unit framework and have encompassed that framework in an interlocal agreement befinreen all of the jurisdictions; and WHEREAS, it is appropriate and to the advantage of the City of Auburn to participate in such Valley Civil Disturbance Unit Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, - KING COUNTY, WASHINGTQN, HEREBY RESOLVES as follows: Resolution No. 4607 June 8, 2010 Page 1 of 2 Section 1. That the Interlocal Cooperation Agreement attached hereto as Exhibit A between the cities of Auburn, Federal Way, Kent, Renton, Tukwila and the Port of Seattle for the creation of the Valley Civil Disturbance Unit Agreement be, and the same, hereby is approved, and the Mayor is authorized to execute the same on behalf of the City of Auburn. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. This resolution shall be in full force and effect upon passage and signatures hereon. ~ Dated and Signed this &day of , 2010. C OF AUB PE . LEINIS, MAYOR ATTEST: Darnelle E. Daskam, City Clerk - A OV TO FO . niel ttorn Resolution No. 4607 June 8, 2010 Page 2 of 2 INTERLOCAL COOPERATIVE AGREEMENT BETWEEIV THE CITIES OP AUBURN, FEDERAL WAY, KENT, RENTOiV, TUKWILA, AND THE PORT OF SEATTLE, FOR CREATIOIV OF THE VALLEY CIVIL DISTURBANCE UNIT I. PARTIES . The parties to this Agreement are the Port of Seattle and the cities of Aubum, Federal. Way, Kent, Renton, and Tukwila, each of which is a municipal corporation operating under the laws of the State of Washington. II. AUTt#ORITY - This Agceement is entered into pursuant to Chapters 10.93, 39.34, and 53.08 of the Revised Code of Washington ("RCW"). III. PURPOSE - , The parties hereto desire to establish and maintain a multi-jurisdictional Valley Civil Disturbance Unit (Valley CDU). IV. FORMATION There is hereby created a multi-jurisdictional team to be hereafter known as the "Valley Civil Disfurbance Unit" ('"VCDU"), the members-,of which shall be the Port of Seattle, and the cities of Auburn, Federal Way, Kent, Renton, and Tukwila. The future admission vr elimination of a jurisdiction as a member of the VCDU may be accompiished by an addendum to this Agreement. V. STATEMENT OF PROBLEM ' King, County, , and municipalities within the Puget Sound area have experienced periodic large-scale civil disturbances. These disturbances manifest themselves in the form of civil disobedience, unlawful passive and active demonstrations, as weil as riots: Mass arrest situations are likely to result from the aforementioned disturbances. Participants in this unlawful activity, or the tactics they empioy will.~usually out-stretch the resources of any one single agency to effectively and efficiently handle the situation. Law enforcement efforts directed at dealing with these -types of civil disturbances - have, for -the' -most part, been conducted by law . enforcement agericies working - independently. A multi-jurisdictionaP effort-to: handle acts of civil disobedience, passive and active demonstrations, as well as riots will resuit in mor-e effective pooling of personnel, improved utilization of municipal fiands, reduced duplication of equipment, improved training, development of specialized expertise, and increased utilization/application of a combined civil distucbance unit. The results; will. be improved services for all the participating agencies, increased safety for officers and . the community, and improved cost efFectiveness: VALLEY CIVIL DISTURBANCE UNIT 1 INTERLOCAL AGREEMENT - 2009 The Board shall develop VCDU written policies, regulations, and., operational procedures within. ninety (90) calendar, days of the execution of this Agreement; PROVIDED, any policies, regulations, and op,erational,procedures in effect pursuant to previous. joint. civil disturbance prevention operations shall remain in effect . without action of the Board-and until such time as theY aresubsequently altered by ' the Board. The VCDU written policies, regulafions, and operational procedures shall apply to all VCDU operations. To the extent that the written policies, regulations, and operational procedures of the VCDU conflict with the. policies, regulations; and operational procedures of the individual jurisdictions, the VCDU written policies, regulations; and procedures shall prevail. IX. STAEF 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 VCDU. The Tactical Commander.shall operafe under the direction of the presiding officer of the Board. The Tactical Commander, shall be responsible for informing the Board on all matters relating to the function, expenditures, accomplishments, training, number of events that the VCDU responds _ to, problems of the VCDU, and any other matter as requested by the Board. The Tactical Commander may be removed by action of the Board at anytime and for any reason, with or without cause. . The Tactical Commander shall prepare quarterly..written reports to the Board on the. actions, progress, and finances (if applicable) of the VCDU. - In addition, the Tactical - Commander shall be; responsible for presenting rules, procedures, regulations, and revisions thereto for Board approval'. Each. jurisdiction shaU contribute a minimum of (16) full-time. commissioned officers, which shalt include at least two (2) Sergeants or other first level supervisor, to be assigned as squad leaders on the VCDU. The personnel assigned to the VCDU shatl be considered employees of the contributing jurisdiction. The contributing jurisdiction shall be solely and exclusively responsible for the compensation ahd benefits for.the personnel it contributes to the VCDU. All rights, duties, and obtigations of. the employer and the employee shall remain with the , contributing jurisdiction.: Each jurisdiction shall be responsible for ensuring compliance with all applieable laws with regard to employees and with provisions of any applicable collective bargaining agreements and civil service rules, and. regulations. The Board may, at its discretion, appoint one (1) or more legal advisocs#o advise - the Board on legal . issues affecting the VCDU. The legal advisor(s) shall, when appropriate or when requested by the Board, consult with. the legal representafives of all participating jurisdictions before rendering legal adVice. - X. COMMAND AND CONTROL During field activation of the VCDU, an Incident Commander, VCDU. Tactical Commander, and VCDU Team Leader(s) will. be_ designated. The duties and . procedures to be utilized by the Incident - Commander, the VCDU Tactical VALLEY CIVIL DISTURBANCE UNIT 3 INTERLOCAL AGREEMENT - 2009 determine who the Arbitrator will be. The Arbitrator may be any person 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 presentation, the'Arbitrator shall determine • which jurisdiction is to receive the property. the decision of the ' Arbitrator shall be finaL XIII. LIABILITY, HOLD HARMLESS, AIVD IfVDEMiVIFICATION It is the intent of the participating jurisdictions to provide services of the VCDU without the threat of being subject to, liability to one another and to fully cooperate in the` defense of..any claims or lawsuits.arising out'of:or connected with VCDU actions that are brought against the jurisdictions. , To this end, the participating jurisdictions agree to equally, share responsibility and liability for the acts or omi"ssions 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 emptoyee is ultimately responsible for the conduct. TMe 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 VCDU Response. In the event that a ~ jurisdiction or its personnel were not involved in the VCDU response to the 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 the particular jurisdiction or its personnelsuch jurisdiction shall not be required to share'responsibility for the payment of the judgment or award. B. Intentionally Wrongful Conduct Beyond the Scope of Employment. Nothing herein ` shall require; or be interpceted to require indemnification or sharing in the payment of any judgment a.gainst any VCDU 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 o_r jurisdiction. Payment of ` - any award for punitive damages shall be fhe 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 VALLEY CIVIL DISTURBANCE UNIT 5 INTERLOCAL AGREEMENT - 2009 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 Iiable for a. claim, settlement, or judgment that arises from a VCDU action "or operation, shall 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 XIII of this Agreementr to t be defended and held harmless'by another parEicipating jurisdiction, the jurisdiction having the cight to be defended and held harmless. shall pr.omptly tendec the defense of such claim or lawsuit to the jurisdiction that must defendand hold the other harmless. XV. 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 VCDU activities. , The lead jurisdiction :~'shall be the jurisdiction within which the VCDU response occurred; PROVIDED, that Fn the eVent the jurisdiction witfiin which the.VCDU response occurred did not participate in the VCDU response, the lead jurisd'iction shall be the jurisdiction within which the incident that requiced the. VCDU response originated. In the event that a jurisdiction that was not involv'ed in the VCDU response receives the claim, that jurisdiction shall notify the other jurisdictions in accordance with Section XIV of this Agreement, and shall use its best efforts to determine who is the appropriate lead jurisdiction. B. Assistance of Tactical Commander. The VCDU Tactical Commander shall assist the lead jurisdiction in responding to a claim. The VCDU Tactical Commander shall be responsible for gathering all records relating to the VCDU response. These records. shall include, but are not limited to, incident reports, notes, transcripts, photos,_ evidenee ~ logs, reco,rded. statements, documents from emergency dispatch centers, and warrants from all jurisdictions tliat participated in the VCDU 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 reeords to the lead jurisdiction promptly upon request. C. Claims-of $5.000 or Less. - i. Lead Jurisdiction Responsibilities. The lead jurisdiction shall be ~r.esponsible for working with the Tactical Commander to gather records relating to the VCDU 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 VALLEY CNIL DISTURBANCE UNIT 7 IPITERLOCAL AGREEMENT - 2009 INTERLOCAL COOPEItATIVE AGREEMENT BETWEEN THE CITIES OF AUBURN, FEDERAL WAY, KENT, RENT0N, TUKWILA, AND THE PORT OF ' SEATTLE, FOR CREAT30N OF TaIE VALLEY CIVYL DISTURBAIVCE UNIT 1. PARTIES The parties to this: Agreement are the Port, of. Seattle and the cities of Auburn, Federal Way, Kent, Renton, and Tukwila, each of which is a municipal corporation operating under the laws of the State of Washington. II. AUTNORITY This Agreement is entered into pursuant to Chapters 10.93, 39.34, and 53.08 of the Revised Code of ;Washington ("RCW"). III. PURPOSE The parties hereto desire to establish and maintain a multi-jurisdictionel Valley Civil Disturbance Unit (Valley CDU). YV. FORMATYOIV There is hereby created a multi-jurisdictional team to be hereafter known as the "Valley Civil Disturbance Unit" (`'VCDU"), the members of which shall be the Port of Seattle, and theV cities of Auburn, Federal Way; Kent, Renton, and Tukwila. The fufure admission or elimination of a jurisdiction as a member of the VCDU may be accomplished by an addendum to this Agreement. V. STATEMENT OF PROBLEM King County and municipalities within the Puget;. Sound area have experienced periodic large-scale civil disturbances. These disturbances manifest themselves in the form of civil disobedience, unlawful passive a,nd actiVe demohstrations, as well as riots. Mass arrest situations are likely toresult from the aforementioned disturbances. Participents in `this 'unlawful activity, or the tactics they employ will usually out-stretch the resources of any one single agency to efFectively and efficiently handle the situation. Law enforcement efforts directed at dealing with these types of civil disturbances have, for the most` part; been conducted by law enforcement agenc'ies working independently. A multi-jurisdictional effort to handle acts of civil disobedience; passive and actiVe demonstrations, as well as riots-will result in more effecEive pooling of personnel, improved utilization of municipal funds, reduced duplication of equipment, improved training, development of specialized expertise, and increased utilization/application of a eombined civil disturbence unit. The results_ will be improved services for all the participating agencies, increased safety for officers and the community, and improved cost efFectiveness. VALLEY CIVIL DISTURBANCE UNIT 1 ' INTERLOCAL AGREEMENT - 2009 VY. 'i'EAM OB7ECTIVES The individual CDU teams from each participating municipality will consolidate into one combined Civil Disturbance Unit, - known -as "the -VCDU", servicing each. participating jurisdiction.` The VCDU shall also be available to outside law enforcement agencies as provided by chapter 10.93 RCW. ' The objective of the VCDU shall be to provide enhanced use of personnel, equipment, budgeted.funds, and training. The VCDU shall respond as requested..by any,of the participating jurisdiction and provide a coordinated effective resolution to civif disturbance incidents VII. DUitATIOfV AND TERMINATIOYV The minimum term of this Agreement shall be one (1) year,. effective upon the last signed below. This Agreement shall automatically extend for consecutive one (1) year terms without action of the legislative bodies of the participating jurisdictions, unless and until terminated pursuant to the terms of this Agreement. A jurisdiction may withdraw its participation in the VCDU 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 VCDU may be terminated by a majority vote of the Executive Board. Any vote for fermination shall occur only when the police chief, or the designee, of, each participating jurisdiction is present at the meeting in which such vote is taken. , VIYI. GOVERNAIVCE The affairs of the team 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. Unless otherwi:se specified in this Agr.eement, all Board decisions shall be made by a.majority vote of the Board members;;or.their desi9nees, appearing at the meeting in ,which the decision is made. A'majority of , Board members, or their designees, must be present at ea,ch 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 quarterly or within a month followin9_ a VCDU, dePloYment or. major,training exercise, or as otherwise determined by the Bqard. The presiding, ' ofFicer, or any Board member, may call extra meetings as deemed appr.opriate. 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. , VALLEY CIVIL DISTURBANCE UNIT 2 INTERLOCAL AGREEMENT - 2009 The Board shall develop VCDCJ written policies, regulations, and operational procedures within ninety (90) calendar days of the ezecution of this Agreement; PROVIDED, any policies, regulations, and operational p"rocedures in effect pursuant to previous joint civil disturbance prevention operations shall remain in effect without action of the Board and until such time as they are subsequently altered by the Board. The VCDU written policies, regulations, and operational procedures shall apply to all VCDU operations. To the extent that the written policies, regulations, and operational procedures of the VCDU conflict with the policies, regulations, and operational procedures of the individual jurisdictions, the VCDU written policies, regulations, and procedures sFiall 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 ofthe VCDU. The Tactical Commander shall operate under the direction of the presiding officer of the Board. The Tactical Commander shall be responsible for informing the ' Board on all matters relating to the function, expenditures, accomplishments, training, number of events thatthe VCDU responds to, problems of the VCDU, and any other matter as requested by the Board. The Tactical Commander may be removed by action of the Board at anytime and for any reason, with or without cause. The Tactical Commander shall prepare quarterly written reports to the Board on the actions, progress, and finances (if applicable) of the VCDU. In addition, the Tacticat Commancler shall be responsible for presenting rules, procedures, regulations, and revisions thereto for Board approval. , Each jurisdiction shall contribute a minimum of (16) full-time commissioned o,fficers, which shall include at least two (2) Sergeants or, other first level supervisor, to be assigned as squad leaders on the VCDU. The personnel assigned to the VCDU shall be considered employees of the contributing jurisdiction. The contributing jurisdiction shall be solety and exclusively responsible for - tlie compensation and benefts for the personnel it contributes to the VCDU. All rights;. duties, and obligations of the' employer and the employee shall remain .with the contributing jurisdiction. Each jurisdiction `shall be responsible for ensur.ing compliance with all applicable 'laws with regard to employees and with provisions of any applicable collective bargaining agreements and civily service rules and, regulations. The Board may, at its discretion, appoint one (1) or more legal advisors to advise the Board on legal issues afFecting the VCDU. l"he legal advisor(s) sh'all, when appropriate or when requested by the Board, consult with the legal representatives of all participating jurisdictions before rendering legal advice. X. COMMAND AI1lD CONTROL During field activation of the VCDU, an Incident Commander, VCDU Tactical Commander, and VCDU Team Leader(s) will 6e, designated. The duties and procedures to be utilized by the Incident Commander, the VCDU Tactical VALLEY CIVIL DISTURBANCE UNIT 3 INTERLOCAL AGREEMENT - 2009 Commander, and the VCDU, 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 incidenf. XI. EQIJIPMENT, TRAINING, A111D BUDGET _ Each participating jurisdiction shall acquire the, equiprrient of. its participating VCDU ' ' members.. . Each participating. jurisdiction shall proVide.;suffcient funds to update, replace, repair, and maintain the equipment, and supplies utilized by . its parficipating VCDU members. Each Participating jurisdiction sliall provide sufficient funds to provide for training of its participating VCDU members. The equipment, supplies,; and training provided by each jurisdiction to its personnel paiticipating..in the VCDU shall,.unless otherwise determined by the Board; be equal to tliose provided by the other participati"ng jurisdictions. _ Each member jurisdiction shall maintain.an independent budget system to account for funds allocated and expended by its participating VCDU members. The Board must approve any joint capital expenditure for VCDU equipment. XII. DISTRIBUTYON OF ASSETS UPON TERMIIVATION Termination shall be in. accordance with those procedures set forth in prior sections. Each participating jurisdiction shall retain sole ownership, of equipment purchased and provided to its participating VCDU members. Any assets acqui.red with joint funds of the VCDU shall be equally divided among the participating jurisdictions at the asset's fair market value upon, termination. The value of the assets of the VCDU- shall 'be determined by using commonly accepted methods of valuation. If two (2) or more. participating jurisdictions desire an asset, the final.decision shall be made by arbitration (described: below). Any property not cleimed shall. be declared surplus by the Board ancJ. disposed : of pursuant to state law for the disposition of surplus property. The -proceeds from the . sale or disposition of any VCDU property, after payment of an.y and:al_I costs of sale or debts of the VCDU, shall be equally distributed to those jurisdict~ions participating in the VCDU at the; time of dissolution. In the event._that -one ;(1) or rnore jurisdictions terminate their participation in the VCDU, but the VCDU continues to exist, the jurisdiction terminating participation shalf be deemed to have waived any right or:title to any property owned by the VCDU or to share "in the proceeds at the time of dissolution. Arbitration pursuant to this section shall occur as follows: A. The jurisdictions interested in an asset shall select one (1) -person (Arbitrator) to determine which jurisdiction will receive the p'ropei-ty. If the jurisdictions cannot agree to an Arbitrator, the chiefs of the jurisdictions :participating in the VCDU upon dissolution: shall meet to , VALLEY CIVIL DISTURBANCE UNIT 4 INTERLOCAL AGREEMENT - 2009 determine who the Arbitrator will be. The Arliitrator may be any person 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 presentation,:the Arbitrator shall determine . which jurisdiction is to receive the property. The decision of the Arbitrator shall be final. XIII. LIABILITY, HOLD HARINLESS, AND INDEMIVIFICATION It is the intent of the participating jurisdictions to provide services of the VCDU without the threaf of being subject to liability to one another and to fully cooperate in the defense of any claims or lawsuits arising out of"or connected with VCDU actions that are 6rought against the jurisdictions. To this end, 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 broughf 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: equ.ally regardless of the number of jurisdictions named in the lawsuit or claim or the nu. mber of ofFicers from each jurisdiction named in the lawsuit or claim. This section shall _be subject to the conditions andlimitations set forth in subsections A through G below. A. - Jurisdiction Not Involved In VCDU Response. In the event that a jurisdiction or its`personnel were not involved in the VCDU response to the 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 the - particular jurisdiction or its personnel, such jurisdiction shall not be required to share responsibility for the payment of the judgment or award. B. Intentionally Wrongful Conduct- Beyond the Scope of Employment. Nothing herein shall require, or be interpreted to require indemnification or sharing in the payment of any judgment against any VCDU 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 defendthe jurisdictions VALLEY CIVIL DISTURBANCE UNIT 5 INTERLOCAL AGREEMENT - 2009 in any legal action.. :Those jurisdictions retaining joint. counsel shall share equally the costs.ofsuch 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 6y its individual representation_or defense. ' The jurisdictions and their respective defense counsel shall make a good faith attempt to cooperate virith other participating jurisdictions by, including tiut not limited to, providing all documentation requested, and making VCDU 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 immuni,ty, or otherwise, the jurisdiction. shall nonetheless be required to pay its equal share of any award for or settlement of tfie lawsuit; PROVIDED, however, fhat 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 6ehalf of each other in conducting settlement negotiations on liability claims . or.. lawsuits so that, `whenever possible, all parties 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 6e authorized to enter into a settlement agreement with a claimant or plaintifF unless all jurisdict'ions agree with the terms of the settlement. Any settlement made by an _ individual jurisdiction without the agreement of the remaining jur.isdictions, when reguired, shall not relieve the settfing jurisdiction from paying an equaf share of any final settlement or award. F. Defense Waiver. This section shall not be interpreted to waiye any, defense.arising out of RCW Title 51. G. Insurance. 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. XIV. IVOTICE.OF CLAIINS, LAWSUITS, AIVD SETTLEMENTS In the event a claim is filed or lawsuit is brought against a participating jurisdiction or its employees for actions arising out of their conduct in support ofi VCDU operations, the jurisdiction shall promptly notify the other jurisdictions that the VALLEY CIVIL DISTURBANCE UNIT 6 INTERLOCAL AGREEMENT - 2009 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 1ia61e for a claim; settlement, or judgment that arises from a VCDU action or operation, shall 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 XIII of this Agreementr. to be defended and held harmless by another participating~ jurisdiction, .the jurisdiction fiaving the right to be defended and held 'harmless shall promptly tender the defense, of such claim or fawsuit fo the jurisdiction that must defend and hold the other harmless. XV. ' PROCESSING OF CLAIMS. A. DesiQnation 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 VCDU activities. The lead jurisdiction' shall be the jurisdiction within which the VCDU response occurred; PROVIDED, that in the event the jurisdiction within which the -VCDU response occurred did not participate in the VCDU response, the lead jurisdiction shall' be the jurisdiction within which the incident that required the VCDU response originated. In the event that a jurisdiction that was not involved in the VCDU response receives the claim, that jurisdiction shall notify the other jurisdictions in accordance with 5ection XIV of this Agreement, and shall use its best efforts to determine who is the appropriate lead jurisdiction. ' B: Assistence of Tactical Commander. 'The 'VCDU Tactical Commander shall assist the lead jurisdiction in responding to a claim. The VCDU , Tactical -Commander shall be responsible for gathering all records relating to the VCDU response. These records shall include, but are not limited to, incident reports, notes, - transcripts, photos, evidence logs, recorded sfatements, documents from emergency dispatch centers, and warrants from all jurisdictions that participated in the VCDU response. The.Tactical Commander shall also provide a list of personnel who participated in the response and their contact information. The fiactical Commander shall deliver all copies of the records to'the 'lead ju'risdiction 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 celating `to the VCDU 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 determinetions as to liability. In determining whether a-claim should be paid, the lead jurisdiction and its VALLEY CIVW DISTURBANCE UNIT 7 INTERLOCAL AGREEMENT - 2009 insurance, provider shall, at; a minimum, consider the potential, legal defenses tothe claim and the costs of defend'ing the claim. . ii. - Liability Determination - Apportionment of bamages.,. The 'lead "urisdiction, withi the assistance of its insurance provider. and J . risk. manager, shall determine whether the VCDU is 1ia61e 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 VCDU. In the event the lead jurisdiction determines that payment o,f 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 VCDU response. The insurance provider for the Iead jurisdiction shall provide full payment to..the claimant, and. each jurisdiction that participated irtthe 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 sucfi payment, the insurance provider providing payment shall obtain from the claimant a complete and total release of I'iabilify on behalf of all jurisdictions participating in the VCDU and eaeh and every ofFicer, agent, or volunteer of those participating jurisdictions. In the event the lead jurisdiction determ,ines thet the VCDU 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 VCDU, the lead jurisdiction shall notify the other jurisdictions of the determination, and such determination shall be binding on the other jurisdictions; PROVIDED, that anofher. jurisdiction that determines that payment is appropri:ate may pay such, claim in full, and shall not seek reimbursement from the other participating jurisdictions. - iii. Letter From Insurance Adiusters. 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 swch determination. D. Claims over $5.000. i. Lead Jurisdiction Responsibilities. The lead jurisdiction shall ~ schedule a meeting with all jurisdictions participating in the VCDU to discuss the claim and to determine the appropriate manner in which to respond and/or defend the claim: - Tlie Board and persons listed in Section XVII of this Agreement shall be notified of the meeting. VALLEY CIVIL DISTURBANCE UNIT 8 INTERLOCAL AGREEMENT - 2009 XVI. PROCESSING OF LAWSUITS. ' A. Notification to Other ]urisdictions. In the event a jurisdiction is served with a lawsuit, thaf jurisdiction shall provide notice and documentation of the lawsuit to each of the other jurisdictions in accordance with Section XIV of this Agreement. B. Coordinafion of Initial Meetina. The jurisdiction that in.itially receives a. lawsuit shalf schedule a meeting with all of the jurisdictions participating in the VCDU to discuss the. lawsuit 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. XVII. NOTIFICATION OF CLAIMS AND LAWSUITS. Section XIV of this Agreement requires that the jurisdiction receiving a claim or lawsuit notify the other . jurisdidions of , the claim or lawsuit and provide documentation of that daim or law"suit to the other jurisdictions. Nothing in this Agreement shall be deemed a waiver by any participating jurisdiction of the, requirements set forth in Chapfer 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 aecordance 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 deerned 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 this Agreement, the following Persons from each jurisdiction shall receive any required notification or documentation: Auburn: Kent: Auburn City Attorney Kent Cify Attorney 25 West Main Street 220 4"' Avenue South Auburn, WA 98001 Kent, WA 98032 (253) 931-3030 (253) 856-5781 Auburn Police Chief Kent Risk Manager 340 East Main Street, Ste 201 220 4th Avenue South Auburn, WA 98002 - Kent, WA 98032 (253) 931-3080 (253) 856-5285 VALLEY CIVIL DISTURBANCE UNIT 9 INTERLOCAL AGREEMENT - 2009 Auburn Human Resources Kent City Clerk Director/Risk Manager 220 4' Avenue South 25 West Main Street Kent, 'WA 98032, Auburn, WA 98001 (253) 856-5728 . (253) 931-3040 Auburn City Clerk Kent Police Chief 25 1ALest Main Street 220 4th Avenue South Autiurn, WA.98001 Kent; WA 98032 ° (253) 9,31-3039 (253) 856-5888 Port_of Seattle: Federal Wav: Port of Seattle Claims Manager Federal Way City Clerk P.O. Box 1209 P.O. Box 9718 Seattle, WA 98111 Federal Way, WA 98063 Tukwila:: - Federal Way City Attorney : P.O. Box 9718. City Clerk Federal Way,. WA' 98063 ~ City: of Tukwila 6200 Southcenter Blvd. Tukwila W_A 98043 .WCIA: Renton: Claims Manager Renton Risk Manager : WCIA 1055 So. Grady Way. P.O. Box 1165 Renton, WA 98057 Renton, INA 98057 Renton: Renton: Renton Police Chief Renton City Attorney - 1055 So. Grady Way 1055 So. Grady Way Renton, WA 98057 Renton, WA 98057 XVIII. COMPLYANCE WITH THE LAW The VCDU and alI its members shall comply with all federal, state, and local -1aws ~that apply to the VCDU. XIX. ALTERATIONS - This Agreement may be modified, amended, or altered by agreement of all participating jurisdictions and such alteration, amendment, or modification shal_I be effective when reduced to writing and executed in a manner . consisterit .with paragraph XXIII of#his Agreement. VALLEY CIVIL DISTURBANCE UNIT 10 INTERLOCAL AGREEMENT - 2009 XX. RECORDS Each jurisdiction shall maintain records related to the VCDU in accordance with records retentions schedules published by the Washington Secretary.of State. All records shall be available for full inspection and copying by each participating jurisdiction. XXI. FILYNG - Upon execution hereof, this Agreement shall be filed with the county auditor or, alternatively, listed by subject on the website of participating jurisdictions. - , XXII. 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. XXIII. 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 authoriied 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 signor certifies that he or she has the authority to sign this Agreement on behalf. of the ju isdi ion, a d the jurisdiction 7 agr e- of this Agreement. 2010 JUL 6 2010 Mayor, City of Auburn Date A o , Cit of burn Date JUL 6 2010 Cit lerk, City of Auburn Date Mayor, City of Renton Date City Attorney, City of Renton Date City Clerk, City of Renton Date VALLEY CIVIL DISTURBANCE UNIT 11 INTERLOCAL AGREEMENT - 2009 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 Clerk, City of Kent Date City Manager, City of Federal Way Date City Attorney, City of Federal Way Date City Clerk, City of Federal Way Date , Executive Director, Port of Seattle Date Port Counsel, Port of Seattle Date . P:\Civil\Files\OpenFiles\1457-Valley Civil Disturbance Unit\VCDU.Interlocal.FINAL2009.docx VALLEY CIVIL DISTURBANCE UNIT 12 INTERLOCAL AGREEMENT - 2009