HomeMy WebLinkAboutITEM VIII-B-4
CITY OF
~AU~URN
WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject: Resolution No. 4167 Date: February 28, 2007
Department: Police Attachments: Budget Impact:
Administrative Recommendation:
City Council adopt Resolution No. 4167.
Background Summary:
The proposed agreement which adds the City of Des Moines to the list of municipalities, Port of Seattle,
Auburn, Federal Way, Kent, Renton and Tukwila allows for an increased -regional approach to tactical
command needs and special response team operations. The cities of Auburn, Federal Way, Kent,
Renton and Tukwila, as well as the Port of Seattle, have for a number of years joined together to jointly
respond to those instances where tactical responses are appropriate. By adding Des Moines, the tactical
response potential is further regionalized and as with the other municipalities the City of Auburn would
join in their needs as well as receive the benefits of their participation in our needs for such services. The
municipalities have worked together very well in addressing operational needs of this service and that is
expected to continue.
A0305-2
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 ^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 _l-/-
Councilmember: Cerino Staff: Kell
Meetin Date: March 5, 2007 Item Number: VIII.B.4
ALTBU~~.N '~ MORE THAN YOU IMAGINED
RESOLUTION N0.41 6 7
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, APPROVING
AND AUTHORIZING THE AMENDED INTERLOCAL
COOPERATION AGREEMENT REGARDING THE
VALLEY SPECIAL RESPONSE TEAM - THE
OPERATIONAL AGREEMENT
WHEREAS, the cities of Auburn, Federal Way, Kent, Renton and Tukwila,
have, for some years, operated together with the Port of Seattle to respond to
special response team needs and in instances requiring a tactical response; and
WHEREAS, in connection with the ongoing operations of these services,
the City of Des Moines wishes to join the other municipalities and be a partner
with them in the operational agreement for these response team issues; and
WHEREAS, it is appropriate therefore to amend the agreement between
the parties to add the City of Des Moines and to modify any provisions that might
be warranted in connection with this change.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
HEREBY RESOLVES as follows:
Section 1. That the Interlocal Cooperation Agreement for the Valley
Special Response Team -Operational Agreement, which shall be in substantial
conformity to the copy which is attached hereto, and the same hereby is,
approved and the Mayor and City Clerk are authorized to execute the same on
behalf of the City of Auburn.
Resolution No. 4167
February 28, 2007
Page 1 of 2
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 , 2007.
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
Resolution No. 4167
February 28, 2007
Page 2 of 2
EXHIBIT `A'
INTERLOCAL COOPERATIVE AGREEMENT
VALLEY SPECIAL RESPONSE TEAM
OPERATIONAL AGREEMENT
I. PARTIES
The parties to this agreement are the Port of Seattle and the Municipalities of
Auburn, .Des Moines, Federal Way, Kent, Renton, 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 Revised Code of Washington
Chapters 10.93, 39.34, and Title 53.
III. PURPOSE
The parties hereto desire to establish and maintain amulti-jurisdictional Valley
Special Response Team (Valley SRT).
IV. FORMATION
There is hereby established amulti-jurisdictional team to be hereafter known as
the "Valley Special Response Team," the members of which shall be the Port of
Seattle, and the Cities of Auburn, Des Moines, Federal Way, Kent, Renton and
Tukwila. As special needs arise, it may be necessary to request from other law
enforcement agencies assistance and/or personnel, at the discretion of the
Incident Commander and/or Valley SRT Tactical Commander.
V. STATEMENT OF PROBLEM.
King County and the municipalities within the Puget Sound area have
experienced increasingly violent criminal confrontations due to increased gang
activity, increased drug abuse, increased urbanization, and increased population
densities. The ability to safely control, contain, and resolve criminal
confrontations such as civil disobedience, barricaded subjects, hostage
situations, gang member arrests, high risk felony arrests, and narcotic/high risk
search warrants has stretched the resources of the members individual Police
Department specialty teams.
Law enforcement efforts directed at dealing with these violent confrontations have
for the most part been conducted by law enforcement agencies working
WCIA Final Version showing changes 02-22-2007 1 Valley Special Response Team
Operational Agreement
independently. Amulti-jurisdictional effort to handle specific serious criminal
confrontations as well as Weapons of Mass Destruction (WMD) will result in more
effective pooling of personnel, improved utilization of municipal funds, reduced
duplication of equipment, improved training, .development of specialized
expertise, and increased utilization/application of a combined special response
team. The results will be improved services for all the participating municipalities,
increased safety for officers and the community, and improved cost effectiveness.
VI. DURATION
The minimum term of this agreement shall be one year upon adoption. This
agreement shall automatically be extended for consecutive one-year periods
unless one or more of the participating municipalities gives notice of intent to
terminate participation in the team pursuant to this agreement. Any such notice
of termination shall be in writing and served on the other executive board
members. Once a member agency serves notice of termination it will become
effective in 90 days.
VII. GOVERNANCE
The affairs of the team shall be governed by an Executive Board, composed of
the Police Chief, or his/her designee, from each participating municipality. The
Board meets monthly. Each member of the Executive Board shall have an equal
vote and voice on all board decisions. Unless otherwise provided, Roberts
Revised Rules of Order shall govern all procedural matters relating to the
business of the Executive Board. A presiding officer shall be elected by its
members, together with such other officers as a majority of the Board may
determine.
i~c~d-ea~6~~ea~te~'ac~ie~v"rirhn°-fcca~,~4isrvTey ~nroi~The presiding officer,
or any board member, may call extra sessions as necessary. When the Board
votes on any matters, a simple majority of those present shall be required for
passage. A quorum of four 4 of ~hrnn r~~ must be present at each meeting for
any actions to be valid. .
In emergency situations, the presiding officer may conduct a telephone ore-mail
poll of Board members to resolve any issues.
The Board shall develop team written policies, regulations and operational
procedures within (90) calendar days of the execution of this agreement.
VIII. TEAM OBJECTIVES
WCIA Final Version showing changes 02-22-2QQ7 2 Valley Special Response Team
Operational Agreement
The individual specialty units from each participating municipality will consolidate
into one combined special response team, hereafter known as "Valley SRT",
servicing each participating municipality. The Valley Special Response Team
shall also be available to outside law enforcement agencies as outlined under
mutual aid.
The objective of the Valley Special Response Team shall be to provide enhanced
use of personnel, equipment, budgeted funds, and training. The combined Team
shall respond as requested by any of the participating municipalities and provide
a coordinated effective resolution to high-risk incidents.
IX. STAFF
Each municipality shall contribute one administrative officer of the rank of
Lieutenant, Commander or Captain to serve as a Commander. A Valley SRT
Tactical Commander, of the rank of Lieutenant, Commander or Captain shall be
appointed annually by the Executive Board. The SRT Tactical Commander shall
act as principal liaison and facilitator between the Executive Board and the
members of the Team. The SRT Tactical Commander shall operate under the
direction of the presiding officer of the Executive Board. The SRT Tactical
Commander shall be responsible for informing the Board on all matters relating to
the function, expenditures, accomplishments and problems of the Team.
The SRT Tactica! Commander shall prepare monthly written reports to the Board
on the actions, progress and finances of the Team. In addition, the SRT Tactical
Commander shall be responsible for presenting rules, procedures, regulations
and revisions thereto for Executive Board approval.
Each municipality shall contribute six n c~~ °~~~°n full-time j
~NA~~commissioned officers to include at least one Sergeant, to be assigned to the
Team. Board approval must be obtained for the municipality to assign less than
this staffing requirement. The personnel assigned to the Team shall be
considered an employee of the contributing municipality. That municipality shall
be solely and exclusively responsible for the compensation and benefits for that
employee. All rights, duties, and obligations of the employer and the employee
shall remain with that individual municipality. Each municipality 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.
X. EQUIPMENT
Each participating municipality shall acquire and maintain the equipment of its
participating team members. Each participating municipality shall budget funds to
I WCIA Final Version showing changes 02-22-2007 3 Valley Special Response Team
Operational Agreement
cover equipment, training, and expendable supplies for its participating team
members.
Each participating municipality shall budget sufficient funds to maintain equivalent
equipment standards, and training standards with those of the other participating
cities.
The Executive Board must approve any joint capital expenditure for Team
equipment.
XI. COMMAND AND CONTROL
During field activation of the Team, the Incident Commander, SRT Tactical
Commander, and Team Leader(s) will be designated.
The Incident Commander shall be from the jurisdiction in which the incident is
occurring. The Incident commander should be a command level Officer. The
Incident Commander retains full authority and control throughout the incident.
The Incident Commander shall make decisions as to the resolution of the
incident.
The SRT Tactical Commander shall act as a liaison between the Incident
Commander and the Valley Special Response Team. The SRT Tactical
Commander shall consult with the Incident Commander and discuss tactical
options. The SRT Tactical Commander shall be responsible for keeping the
Incident Commander informed of Valley Special Response Team activities. The
SRT Tactical Commander shall consult the Incident Commander with options to
accomplish the mission of the Incident Commander. The SRT Tactical
Commander shall relay the mission of the Incident Commander to support SRT
Commanders and Team Leader (s} to assure that the mission is carried out as
intended.
The Team Leader(s) in consultation with the SRT Tactical Commander shall
formulate tactical plans to react to the incident. The Team Leader(s) shall be
responsible for completing the assigned mission as determined by the SRT
Tactical Commander and Incident Commander. The Team Leader(s) shall direct
and control the actions of the team members.
The Valley Special Response Team will not attempt any tactical operation that in
the judgement of the SRT Tactical Commander would unreasonably endanger
the safety of the Officers assigned to the Valley Special Response Team, or for
which the Team is not properly trained and/or equipped.
XII. FINANCIAL REQUIREMENTS
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This agreement is being entered into to establish a Combined Regional Valley
Special Response Team.
CONTRIBUTION
Each participating municipality shall budget sufficient funds to update, replace,
repair, and maintain the equipment and supplies utilized by its participating team
members. Each participating municipality shall budget sufficient funds to provide
for training of its participating team members.
Each member municipality shall maintain an independent budget system to
account for funds allocated and expended by its participating team members.
XIII. TERMINATION
Termination shall be in accordance with those procedures set forth in prior
sections. Each participating municipality shall retain sole ownership of equipment
purchased and provided to its participating team members. Any acquired Team
assets shall be equally divided among the participating municipalities at the
asset's fair market value upon termination. The value of the assets of the Team
shall be determined by using commonly accepted methods of valuation. If two or
more participating municipalities desire an asset the final decision shall be made
by arbitration (described below). Any property not claimed shall be declared
surplus by the Executive Board and disposed of pursuant to State law for the
disposition of surplus property.
The proceeds from the sale or disposition of any Team property, after payment of
any and all costs of sale or debts of the agency, shall be equally distributed to
those municipalities participating in the Team at the time of dissolution in
proportion to the municipality's percentage participation in the Team as of the
date of dissolution.
XIV. COMPLIANCE WITH THE LAW
The Valley Special Response Team and all its members shall comply with all
Federal, State and local laws affecting the Team.
XV. ALTERATIONS
This agreement may be modified, amended or altered by agreement of all
participating municipalities and such alteration, amendment or modification shall
be effective when reduced to writing and executed in a manner provided for by
this agreement.
XVI. RECORDS
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Each Municipality shall maintain training records related to the team for a
minimum of seven years. A copy of these records will be forwarded and
maintained with the designated SRT Training Coordinator. All records shall be
available for full inspection and copying by each participating agency.
XVII. FILING
Upon execution hereof,. this agreement shall be filed with the City Clerks of the
respective participating municipalities, the Director of Records and Elections of
King County, the Secretary of State, and such other governmental agencies as
may be required by law.
XVIII. SEVERABILITY
If any part, paragraph, .section or provision of this agreement is held to be invalid
by any court of competent jurisdiction in the State of Washington, such
adjudication shall not affect the validity of any remaining section, part or provision
of this agreement.
XIX. MUNICIPAL AUTHORIZATIONS
This agreement shalt be executed on behalf of each participating municipality by
its duly authorized representative and pursuant to an appropriate resolution or
ordinance of each participating municipality. This agreement shall be deemed
adopted when the 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.
XX. HOLD HARMLESS
Each municipal entity whose police chief or designee requests assistance of the
Valley Special Response Team agrees to hold harmless and indemnify the other
participating municipal entities and their officers, officials and employees from any
loss, claim or liability arising from or out of the negligent or tortious actions or
inactions of the Special Response Team and its members and supervisors.
XXI. DEFENSE OF LAWSUITS
Each municipal entity shall be responsible for selecting and retaining legal
counsel for itself and for any employee of said municipal entity who is named in a
lawsuit alleging liability arising out of Special Response Team operations. Each
municipal entity that retains counsel for itself and/or its employees shall be
I WCIA Final Version showing changes 02-22-2007 6 Valley Special Response Team
Operational Agreement
responsible for paying the attorney's fees incurred by that counsel. The.
municipal entities shall not- share costs of defense attorneys among each other
unless they specifically agree in writing to the contrary in any particular legal
action.
XXII. NOTICE OF CLAIMS, LAWSUITS AND SETTLEMENTS
In the event that a lawsuit is brought against a member or its employees for
actions arising out of their conduct in support of Special Response Team
operations, the member shall promptly notify the other municipal entities that said
claim or lawsuit has been initiated.
XXIII. SETTLEMENT PROCEDURE
Any municipal entity or member who believes that another municipal entity would
be liable for a claim, settlement or judgement which arises from a Special
Response Team action or operation shall have the burden of notifying each other
participating municipal entity of all settlements, demands made to that municipal
entity and any claims and/or lawsuits naming that municipal entity and/or its
employees for what may be liability arising out of a Special Response Team
operation. Said member municipal entity shall be obligated to make a prompt
and timely notice and tender of defense to any municipal entity which is believed
to be liable to any other municipal agency for Special Response Team liability.
The municipal entities shall be free to seek a separate settlement with the
claimant and/or plaintiff which would eliminate the liability of that municipal entity
and/or its employees. However, any such separate settlement would not
eliminate the released municipal entity's obligation to indemnify the other member
municipal entities and/or their employees if they are found to be liable in any court
judgement from a lawsuit which arose from a Special Response Team operation
requested by the police chief or designee of the municipal entity which has been
released in a separate settlement. Any municipal entity making a separate
settlement would have no right to seek any reimbursement or contribution for any
portion of a settlement which said municipal entity has reached separately with
the claimant and/or plaintiff.
XXIV COOPERATION IN DEFENSE OF LAWSUITS
The municipal entities and their respective defense counsel shall, to the extent
reasonably possible and consistent with the best interests of their respective
clients, cooperate in the defense of any lawsuit arising out of the operations of the
Special Response Team and shall agree, wherever possible, to share non-
attorney fee related costs such as record gathering, preparation of trial exhibits,
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Operational Agreement
the retention and payment of expert witnesses, and the cost of deposition
reporting and transcription.
XXV NOTHING HEREIN SHALL REQUIRE OR BE INTERPETED TO:
Waive any defense arising out of RCW Title 51.
Limit or restrict the ability of any municipal entity or employee or legal counsel for
any municipal entity or employee to exercise any right, defense or remedy which
a party to a lawsuit may have with respect to claims of third parties, including, but
not limited to, any good faith attempts to seek dismissal of legal claims against a
party by any proper means allowed under the civil rules in either state or federal
court.
Cover or require indemnification or payment of any judgement against any
individual or municipal entity for intentionally wrongful conduct outside the scope
of employment of any individual or for any judgement for punitive damages
against any individual or municipal entity. Payment of punitive damage awards
shall be the sole responsibility of the individual against whom said judgement is
rendered and/or his or her municipal entity employer, should that employer elect
to make said payment voluntarily. This agreement does not require
indemnification of any punitive damage awards.
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MAYOR, CITY OF AUBURN
MAYOR, CITY OF RENTON
MAYOR, CITY OF TUKWILA
MAYOR, CITY OF KENT
EXECUTIVE DIRECTOR, PORT OF SEATTLE
CITY MANAGER, CITY OF FEDERAL WAY
Date
Date
Date
Date
Date
Date
CITY MANAGER. CITY OF DES MOINES Date
APPROVED AS TO FORM:
CITY ATTORNEY, CITY OF AUBURN
CITY ATTORNEY, CITY OF RENTON
CITY ATTORNEY, CITY OF TUKWILA
CITY ATTORNEY, CITY OF KENT
WCIA Final Version showing changes 02-22-2007 9 Valley Special Response Team
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PORT COUNSEL, PORT OF SEATTLE
CITY ATTORNEY, CITY OF FEDERAL WAY
CITY ATTORNEY CITY OF DES MOINES
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Valley Special Response Team
Operational Agreement