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RESOLUTION NO. 3 2 3 8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, KING
COUNTY, WASHINGTON, AUTHORIZING THE MAYOR AND THE CITY CLERK TO
EXECUTE AN INTERLOCAL COOPERATIVE AGREEMENT COMBINED REGIONAL
EMERGENCY SERVICES UNIT OPERATIONAL AGREEMENT BETWEEN THE
SEATTLE PORT AUTHORITY AND THE CITIES OF AUBURN, RENTON AND
TUKWILA.
WHEREAS, this Agreement is entered into pursuant to Revised Code of
Washington Capters 10.93 and 39.34; and
WHEREAS, the parties desire to establish and maintain a multi-jurisdicitonal
Emergency Services Unit (SWAT Team).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH
RESOLVES AS FOLLOWS:
Section 1. The Mayor and City Clerk of the City of Auburn are herewith
authorized to execute an Interlocal Cooperative Agreement between the Seattle Port
Authority and the Cities of Auburn, Renton and Tukwila to establish and maintain a
multi-jurisdictioinal Emergency Services Unit (SWAT Team). A copy of said agreement
is attached hereto as Exhibit "A" and is incorporated herein.
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Resolution 3238
June 28, 2000
Page 1
Section 2. The Mayor is hereby authorized to implement such
administrative procedures as may be necessary to carry out the directives of
this legislation,
Dated this 5th day of July, 2000,
CITY OF AUBURN
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CHARLES A. BOOTH
MAYOR
ATTEST:
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Dan'elle E. Daskam,
City Clerk
APPROVED AS TO FORM:
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Michael J, eynolds,
City Attorney
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Resolution 3238
June 28, 2000
Page 2
INTERLOCAL COOPERATIVE AGREEMENT
COMBINED REGIONAL EMERGENCY SERVICES UNIT
OPERATIONAL AGREEMENT
I. PARTIES
The parties to this agreement are the Seattle Port Authority and the Cities of
Auburn, 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. P.URPOSE
The parties hereto desire to establish and maintain a multi-jurisdictional
Emergency Services Unit (ESU Team)
IV. FORMATION
There is hereby established a multi-jurisdictional unit to be hereafter known as
the "Combined Regional Emergency Services Unit," the members of which shall
be the Seattle Port Authority, and the Cities of Auburn, 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 ESU 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 member's individual Police
Department specialty units (ESU Teams).
resolution 3238
Exhì.bït "A"
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ESUINTERLOCALAGREEMENT
Law enforcement efforts directed at dealing with these violent confrontations have
for the most part been conducted by law enforcement agencies working
independently, There has been insufficient coordinated efforts at directing
personnel, equipment, and training among regional departments.
A multi-jurisdictional effort to handle specific serious criminal confrontations 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. 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 unit pursuant to this agreement. Any such notice of termination shall be in
writing and served on the other municipalities as soon as practical.
VII. GOVERNANCE
The affairs of the unit shall be governed by an Executive Board, composed of the
Police Chief, or his/her designee, from each participating municipality. 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, There shall be a minimum of four
meetings each year. The first meeting shall be held in March of each year to
review the prior year's service, The second meeting shall be in August of each
year to review and present a budget to the participating municipalities. At least
two other meetings shall be held each year to review the unit's activities and
policies, 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 must be present at each
meeting for any actions to be valid,
In emergency situations, the presiding officer may conduct a telephone poll of
Board members to resolve any issues.
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ESUINTERLOCALAGREEMENT
The Board shall develop written policies, regulations and operational procedures
within (60) calendar days of the execution of this agreement.
VII. VIII. UNIT OBJECTIVES
The individual ESU Teams from each participating municipality will consolidate
into one combined special response unit servicing each participating municipality,
The Combined Regional Emergency Services Unit shall also be available to
outside law enforcement agencies as outlined in written policy,
The objective of the Combined Regional Emergency Services Unit shall be to
provide enhanced use of personnel, equipment, budgeted funds, and training,
The combined unit shall respond as requested by any of the participating
municipalities and provide a coordinated effective resolution to high-risk incidents,
VIII. IX. STAFF
An ESU Commander, of the rank of Lieutenant, Captain or Commander shall be
appointed annually by the Executive Board. The ESU Commander shall act as
principle liaison and facilitator between the Executive Board and the members of
the unit. The ESU Commander shall operate under the direction of the presiding
officer of the Executive Board, The ESU Commander shall be responsible for
informing the Board on all matters relating to the function, expenditures,
accomplishments and problems of the Unit.
The ESU Commander shall prepare quarterly written reports to the Board on the
actions, progress and finances of the Unit. In addition, the ESU Commander
shall be responsible for preparing all proposed budgets and presenting rules,
procedures, regulations and revisions thereto for Executive Board approval.
Each municipality shall contribute seven full-time commissioned officers to
include at least one Sergeant, to be assigned to the Unit. The personnel
assigned to the Unit shall be considered an employee of the contributing city,
That city shall be solely and exclusively responsible for that employee. All rights,
duties, and obligations of the employer and the employee shall remain with that
individual city, Each city 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,
The personnel assigned by the individual municipalities shall be continued under
the employment of that city for purposes of any loss, claims, damages or liabilities
arising out of or related to the services provided to the Unit or the activities of the
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ESU INTERLOCAL AGREEMENT
Unit. Each municipality shall hold harmless, defend and indemnify the Unit and
the other member municipalities in any action involving the Unit activities,
including payment of all attorney fees and costs.
The insuring authority for each city shall provide the Unit a rider or certificate of
insurance to cover activity being provided by the Unit.
IX. X.
EQUIPMENT
Each participating municipality shall acquire and maintain the equipment of its
participating team members. Each participating municipality shall budget funds 'to
cover equipment, training, and expendable supplies for its participating team
members.
Each participating city shall budget sufficient funds to maintain equivalent
equipment standards, and training standards with those of the other participating
cities.
Any joint capital expenditure for Unit equipment must be approved by the
Executive Board.
X. XI. COMMAND AND CONTROL
During field activation of the Unit, the Incident Commander, ESU 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 ESU Commander shall act as a liaison between the Incident Commander
and the Emergency Services Unit. The ESU Commander shall consult with the
Incident Commander and discuss tactical options. The ESU Commander shall be
responsible to keep the Incident Commander informed of Emergency Services
Unit activities, The ESU Commander shall consult the Incident Commander with
options to accomplish the mission of the Incident Commander. The ESU
Commander shall relay the mission of the Incident Commander to the Team
Leader (s) and assure that the mission is carried out as intended,
The Team Leader(s) in consultation with the ESU Commander shall formulate
tactical plans to react to the incident. The Team Leader(s) shall be responsible
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ESU INTERLOCAL AGREEMENT
for completing the assigned mission as determined by the ESU Commander and
Incident Commander. The Team Leader(s) shall direct and control the actions of
the team members.
The Emergency Services Unit will not attempt any tactical operation that in the
judgement of the ESU Commander unreasonably endangers the safety of the
Officers assigned to the Emergency Services Unit, or for which the unit is not
properly trained and/or equipped,
XI. XII. FINANCIAL REQUIREMENTS
This agreement is being entered into to establish a Combined Regional
Emergency Service Unit.
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,
XII. 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 Unit
assets shall be equally divided among the participating municipalities at the
assets fair market value upon termination, The value of the assets of the Unit
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 of disposition of any Unit 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 Unit at the time of dissolution in proportion
to the municipality's percentage participation in the Unit as of the date of
dissolution.
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ESUINTERLOCALAGREEMENT
XIII. XIV. COMPLIANCE WITH THE LAW
The Unit, and all its members shall comply with all Federal, State and local laws
effecting the Unit.
XIV. XV. ARBITRATION
Any dispute between the members concerning the application of or violation of
the express terms of this agreement shall be resolved through arbitration. For
purposes of arbitration, one arbitrator shall be chosen by those members who
share the same side of the dispute, a second arbitrator shall be chosen by those
members who share the other side of the dispute, a third arbitrator shall be
chosen by the two arbitrators chosen by those two arbitrators.
In the event there are three or more sides to the dispute, each member shall
choose an arbitrator and all the arbitrators so chosen shall choose the fifth
arbitrator.
A majority decision of the arbitrators shall be final and conclusive unless an
aggrieved party, within ten (10) calendar days of receipt of the decision,
challenges the decision of the arbitrators by serving and filing a petition for review
with the Superior Court of King County, Washington. The only grounds for a
petition for review shall be that the decision is:
1, Not responsive to the questions submitted;
2, Contrary to the terms of the contract; or
3, Is arbitrary or is not based on applicable facts or law controlling issues
submitted for arbitration.
XVI. 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.
XVII. RECORDS
Each Municipality shall maintain records related to the Unit. These records shall
be available for full inspection and copying by each participating agency,
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ESU INTERLOCAL AGREEMENT
XV. XVIII. 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.
XVI. XIX. 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.
XVII. XKMUNICIPAL AUTHORIZATIONS
This agreement shall 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.
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ESU INTERLOCALAGREEMENT
Date: July 5, 2000
Date:
Date:
Date:
;QQi~C:M
CITY ATTORNEY, CITY OF AUBURN
CITY ATTORNEY, CITY OF RENTON
CITY ATTORNEY, CITY OF TUKWILA
ATTORNEY, PORT OF SEATTLE
RPD - H:PDADMIN:SS/CONTRACTS/ESU
~~'~o~i£
MAYOR, CITY OF AUBURN
MAYOR, CITY OF RENTON
MAYOR, CITY OF TUKVJILA
COMMISSIONER, PORT OF SEATTLE
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ESU INTERLOCAL AGREEMENT