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Home My WebLink About10-18-2004 ITEM VIII-B-7* CITY OF * AGENDA BILL APPROVAL FORM WASHINGTON Agenda Subject Date: Resolution No. 3776 October 14, 2004 Department: Attachments: Budget Impact: Police I Resolution No. 3776 Administrative Recommendation: City Council adopt Resolution No. 3776. Background Summary: On April 7, 2003, the City entered into an interlocal cooperative agreement with the Port of Seattle and several other cities to create a multi jurisdictional team referred to as the Valley Special Response Team. Since that time, the parties have identified a need to amend the interlocal agreement to provide a process for.handling claims and lawsuits against the represented jurisdictions. Resolution No. 3776 would approve an addendum to the Interlocal Agreement for the Valley Special Response Team to clarify the responsibilities for claims and lawsuits. 01.11 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ❑ Planning & CD ❑ Fire ❑ Planning ❑ Park Board El Public Works ❑ Legal ❑ Police ❑ Planning Comm. ❑ Other ❑ Public Works ❑ Human Resources Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes []No Call for Public Hearing Referred to Until _ Tabled Until Councilmember: Cerino Staff: Kell Meeting Date: October 18, 2004 1 Item Number: VIII.B.7 A B j ' N * MORE THAN YOU IMAGINED RESOLUTION NO. 3 7 7 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE FIRST ADDENDUM TO THE INTERLOCAL AGREEMENT WITH THE PORT OF SEATTLE AND THE CITIES OF FEDERAL WAY, KENT, RENTON, AND TUKWILA FOR THE VALLEY SPECIAL RESPONSE TEAM WHEREAS, the City of Auburn is engaged in various municipal functions, including Law Enforcement activities; and WHEREAS, in connection therewith, King County and the cities in the Puget Sound area have experienced increasingly violent criminal confrontations due to increased gang activity, increased drug abuse, increased urbanization, and increased population densities; and WHEREAS, the ability to safely control, contain, and resolve criminal conduct such as civil disobedience, barricaded subjects, hostage situations, gang member arrests, high risk felony arrests, and narcotic/high risk search warrants has strained resources of the police departments of the Puget Sound area jurisdictions; and WHEREAS, in order to provide for those services, the City has negotiated a contract with the Port of Seattle, and the cities of Federal Way, Kent, Renton, and Tukwila to create a multi jurisdictional team to be hereafter known as the "Valley Special Response Team," which contract (interlocal cooperative agreement) was approved by Resolution No. 3594, on April 7, 2003; and WHEREAS, since the date of said contract, the parties have identified a need for amendment thereto. Resolution 3776 October 14, 2004 Page 1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1. That the Mayor and the City Clerk are authorized to execute the Addendum to the Interlocal Agreement with Puget Sound area jurisdictions for a Valley Special Response Team, in substantial conformity with the Addendum (Addendum One) attached hereto, marked as Exhibit "A" and incorporated herein by this reference. Section 2. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this day of , 200 CITY OF AUBURN PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Daniel B. Heid, City Attorney Resolution 3776 October 14, 2004 Page 2 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 SIFT 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: 1. 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 - 1 of 6 (August 20, 2004) 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 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 ADDENDUM ONE TO THE VALLEY SRT INTERLOCAL AGREEMENT -2of6 (August 20, 2004) 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) 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 25 West Main Street 220 4 Avenue South Auburn, WA 98001 Kent, WA 98032 (253) 856-5781 (253) 931-3030 dheid _ci.auburn.wa.us pfitzpatrick@ci.kent.wa.us Jim Kelly Chris Hills Auburn Police Chief Kent Risk Manager 101 N. Division 2204 th Avenue South Auburn, WA 98001 Kent, WA 98032 (253) 931-3080 (253) 856-5285 jkelly@ci.auburn.wa.us chills(a)-ci.kent.wa.us Brenda Heineman Brenda Jacober Auburn Human Resources Kent City Clerk Director/Risk Manager 2204 th Avenue South 25 West Main Street Kent, WA 98032 Auburn, WA 98001 (253) 856-5728 (253) 931-3040 boacober-ci.kent.wa.us bheinemane-ci.auburn.wa. us Danielle E. Daskam Ed Crawford Auburn City Clerk Kent Police Chief 25 West Main Street 2204 th Avenue South Auburn, WA 98001 Kent, WA 98032 (253) 931-3039 (253) 856-5888 ddaskam@ci.auburn.wa.us ecrawford(c)-ci.kent.wa.us ADDENDUM ONE TO THE VALLEY SRT INTERLOCAL AGREEMENT - 4 of 6 (August 20, 2004) Federal Way: City Clerk City of Federal Way P.O. Box 9718 Federal Way, WA 98063 Patricia Richardson Federal Way City Attorney City of Federal Way P.O. Box 9718 Federal Way, WA 98063 Tukwila: City Clerk City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98043 WCIA: Peg Campbell Claims Manager WCIA P.O. Box 1165 Renton, WA 98057 peac .wciapool.ora Kent (cont.): Dave Santos Kent Police Support Services Mgr 2204 th Avenue South Kent, WA 98032 dsantos(aDci. kent.wa. us Renton: Mike Webby Renton Risk Manager 1055 So. Grady Way Renton, WA 98055 Port of Seattle: Peggy McPartland Port of Seattle Claims Manager P.O. Box 1209 Seattle, WA 98111 mcpartiand p(a portseattle.org CIAW: Phillip M. Riche Director of Claims Canfield & Associates, Inc. 451 Diamond Drive Ephrata, WA 98823 prichea)- anfield-associates.com 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 City Clerk, City of Auburn Date Mayor, City of Renton Date City Attorney, City of Renton City Clerk, City of Renton Date Mayor, City of Tukwila Date City Attorney, City of Tukwila City Clerk, City of Tukwila Date Mayor, City of Kent C0 Manaber;"Cit%r of Fed A / lerk, City of Federal Executive Director, Port of Seattle P:ZHWILES\Ope Fi W706Uddw,k n-Om-Clam-racees.4c ADDENDUM ONE TO THE VALLEY SRT INTERLOCAL AGREEMENT - 6 of 6 (August 20, 2004) Date City Attorney, City of Kent Date Date Date Date Date9 o -�O1VJG ' Z� /q #e City Attey, City of Federal Way 6ate Date Date Port Counsel, Port of Seattle Date