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Home My WebLink About3776 D Assessor Tax # not yet dress: \1\'''''''''''''' 20041108000299 ity Clerk PACtFtC NW TIT AG 28,00 urn PAGE00\ OF 0\0 \\/08/2004 09:5\ ain S1. KING COUNT~, WA A 98001 ---------------- .- r RECORDER'S Itle(s) (or transactions ,COVER SHEET contamed therein)' reement (RES 3776) , , \Ô¡:2ß P umber(s) of Docu ll..i~,T renee #'s on page ":'~~0~:e~~i9ned or released: iv.-' c¡ 2 Lí ß - I L orrower(s) (L f ast name first th . ~ , en first name and initials) nee/Beneficia . pecial Respons~·i;:~ name first) ion (abbreviated: i.e. lot block I , , p at or section t . , ownshlp, range) on page of document. erty Tax Pa II rce Account N umber assigned Return Ad Auburn C City of Aub 25 West M Auburn, W Document Interlocal Ag Reference N DAdditional refe Grantor(s)/B Auburn, City 0 Grantee/Assig 1. Valley S Legal Descript PER RCW 39.34 o Additional legal is Assessor's Prop N/A 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, theÇity 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 / ¿Ii:- day of (JeUv, 200L. CITY OF AUBURN £:!~~ C' MAYOR ATTEST: ?!~. anielle 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 thatdid 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 SRT 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: I. 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 - 2 of 6 (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 Auburn City Attorney 25 West Main Street Auburn, WA 98001 (253) 931-3030 dheid@ci.auburn.wa.us Jim Kelly Auburn Police Chief 101 N. Division Auburn, WA 98001 (253) 931:-3080 ikelly@ci.auburn.wa.us Arthur Pat Fitzpatrick Kent Deputy City Attorney 220 4th Avenue South Kent, WA 98032 (253) 856-5781 pfitzpatrick@ci.kent. wa. us Chris Hills Kent Risk Manager 220 4th Avenue South Kent, W A 98032 (253) 856-5285 chills@ci.kent.wa.us Brenda Heineman Auburn Human Resources Director/Risk Manager 25 West Main Street Auburn, WA 98001 (253) 931-3040 bheineman@ci.auburn.wa.us Brenda Jacober Kent City Clerk 220 4th Avenue South Kent, W A 98032 (253) 856-5728 biacober@ci.kent. wa. us Danielle E. Daskam Auburn City Clerk 25 West Main Street Auburn, WA 98001 (253) 931-3039 ddaskam@ci.auburn.wa.us Ed Crawfofd Kent Police Chief 220 4th Avenue South Kent, W A 98032 (253) 856-5888 ecrawford@ci.kent.wa.us ADDENDUM ONE TO THE VALLEY SRTINTERLOCALAGREEMENT-4of6 (August 20, 2004) Kent (cont.): Dave Santos Kent Police Support Services Mgr 220 4th Avenue South Kent, WA 98032 dsantos@ci.kent.wa.us Federal Way: Renton: City Clerk City of Federal Way P.O. Box 9718 Federal Way, WA 98063 Mike Webby Renton Risk Manager 1055 So. Grady Way Renton, W A 98055 Patricia Richardson Federal Way City Attorney City of Federal Way P.O. Box 9718 Federal Way, WA 98063 Port of Seattle: Peggy McPartland Port of Seattle Claims Manager P.O. Box 1209 Seattle, WA 98111 mcpartland. p@portseattle.org Tukwila: ClAW: City Clerk City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98043 Phillip M. Riche Director of Claims Canfield & Associates, Inc. 451 Diamond Drive Ephrata, WA 98823 priche@canfield-associates.com WCIA: Peg Campbell Claims Manager WCIA P.O. Box 1165 Renton, WA 98057 pegc@wciapool.org 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 grees to the terms of this ~dde du~ /" _::)~ /~/tfI17/dcf I Ma r, City of Auburn Date Mayor, City of Renton Date City Attorney, City of Renton Date City Clerk, City of Renton Date 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 ote(}J\(j of)p ey, City of Federal Way Executive Director, Port of Seattle Date Port Counsel, Port of Seattle Date P:\Ctvil\FILES\OpenFiIn\D706\A0dendum.0ne1aim$-Proc....doc ADDENDUM ONE TO THE VALLEY SRT INTERLOCAL AGREEMENT - 6 of 6 (August 20, 2004)