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RESOLUTION NO. 3 2 9 7
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, KENT, RENTON AND
TUKWILA.
WHEREAS, this Agreement is entered into pursuant to Revised Code of
Washington Chapters 10.93and 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 THAT;
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, Kent, 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 3297
Decemoer 6, 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.
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Dated this æ day of December, 2000.
CITY OF AUBURN
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CHARLES A. BOOTH
MAYOR
ATTEST:
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Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
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Michael J. Reynolds,
City Attorney
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Resolution 3297
Decemoer 6, 2000
Page 2
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, 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 a multi-jurisdictional Valley
Special Response Team (Valley SRT).
IV. FORMATION
There is hereby established a multi-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, 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
independently. A multi-jurisdictional effort to handle specific serious criminal
confrontations as well as Weapons of Mass Destruction (WMD) will result in more
APD - Commander Bob LeeNalley SRT
Exhibit "A" Resolution 3297
1
Valley Special Response Team
Operational Agreement
effective pooling of personnel, improved utilization of municipal funds, reduced
duplication of equipment, improved training, development of specialized
expertise, and increased utilization/application ora 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 to 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. 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 team'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.
The Board shall develop team written policies, regulations and operational
procedures within (90) calendar days of the execution of this agreement.
VIII. TEAM OBJECTIVES
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
APD - Commander Bob LeeNalley SRT
2
Valley Special Response Team
Operational Agreement
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
A Valley SRT Tactical Commander, of the rank of Lieutenant, Commander or
Captain shall be appointed annually by the Executive Board. The SRT
Commander shall act as principal liaison and facilitator between the Executive
Board and the members of the Team. The SRT Commander shall operate under
the direction of the presiding officer of the Executive Board. The SRT
Commander shall be responsible for informing the Board on all matters relating to
the function, expenditures, accomplishments and problems of the Team.
The SRT Commander shall prepare monthly written reports to the Board on the
actions, progress and finances of the Team. In addition, the SRT Commander
shall be responsible for 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 Team. The personnel
assigned to the Team shall be considered an employee of the contributing
municipality. That municipality 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 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
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.
APD - Commander Bob LeeNalley SRT
3
Valley Special Response Team
Operational Agreement
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
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
APD - Commander Bob LeeNalley SRT
4
Valley Special Response Team
Operational Agreement
f
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 effecting 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
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.
APD - Commander Bob LeeNalley SRT
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Valley Special Response Team
Operational Agreement
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.
XIII. 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 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.
XX. HOLD HARMLESS
Each municipal entity that is providing employees to perform services under this
joint agreement shall be responsible for any and all liability which arises from the
wrongful or negligent acts or omissions of its employees in the performance of
this agreement. The parties mutually agree to release and hold harmless and
indemnify each other from any and all claims, costs, lawsuits, and legal
judgments which arise from or out of the negligent or tortious actions or inaction's
of its employees, including the reasonable costs of defense by counsel of the
parties own choosing. Such liability shall be apportioned among the parties or
other defendants in accordance with the laws of the State of Washington.
The insuring authority for each municipality shall provide the Team a rider or
certificate of insurance to cover activity being provided by the Team.
.
APD - Commander Bob LeeNalley SRT
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Valley Special Response Team
Operational Agreement
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MAYOR, CITY OF AUBURN '
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Date
MAYOR, CITY OF RENTON Date
MAYOR, CITY OF TUKWILA Date
MAYOR, CITY OF KENT Date
EXECUTIVE DIRECTOR, PORT OF SEATTLE Date
APPROVED AS TO FORM:
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CITY ATTORNEY, CITY OF AUBURN _ ',' ~. U~
CITY ATTORNEY, CITY OF RENTON
CITY ATTORNEY, CITY OF TUKWILA
CITY ATTORNEY, CITY OF KENT
PORT COUNSEL, PORT OF SEATTLE
APD - Commander Bob LeeNalley SRT
7
Valley Special Response Team
Operational Agreement