HomeMy WebLinkAboutAmended and Restated Interlocal Cooperative Agreement AMENDED AND RESTATED INTERLOCAL COOPERATIVE AGREEMENT
BETWEEN
THE WASHINGTON STATE PATROL, PIERCE COUNTY SHERIFF'S OFFICE, KING
COUNTY PROSECUTOR'S OFFICE, AND THE MUNICIPALITIES OF AUBURN, BONNEY
LAKE, FEDERAL WAY, LAKEWOOD, TACOMA, TUKWILA, AND THE PORT OF SEATTLE
FOR THE CREATION OF THE PUGET SOUND AUTO THEFT TASK-FORCE.
This Amended and Restated Interlocal Cooperative Agreement amends and restates the Interlocal
Cooperative Agreement between the Washington State Patrol, Pierce County Sheriff's Office, King
County Prosecutor's Office, and the Municipalities of Auburn, Bonney Lake, Federal Way, Lakewood,
Tacoma, and Tukwila for the Creation of the Puget Sound Auto Theft-Task Force, effective January 25,
2018, to add the Port of Seattle to the Agreement.
I. PARTIES
The parties to this Agreement are the Washington State Patrol, Pierce County Sheriff s
Office, King County Prosecutor's Office, and the Municipalities of Auburn, Bonney Lake,
Federal Way, Lakewood, Tacoma, Tukwila, and the Port of Seattle, each of which is a state,
county, or municipal corporation operating under the laws of the State of Washington.
II. AUTHORITY
This Agreement is entered into pursuant to Chapters 10.93 and 39.34 of the Revised Code of
Washington.
III. PURPOSE
The parties to this Agreement wish to establish and maintain a multi jurisdictional team to
effectively investigate and enforce the laws relating to auto theft. This Agreement is intended to
replace previously executed interlocal agreements that were established for the ACE and P.A.T.R.O.L.
Auto Theft Task Forces related to the WATPA grant awards. This Agreement does not replace any
previously executed interlocal agreements by the parties to provide backup law enforcement
services. This team shall be referred to as the Puget Sound Auto Theft Task-Force. The parties do
not intend to create through, this agreement, a separate legal entity subject to suit.
IV. FORMATION
There is hereby created a multi jurisdictional team to be hereafter known as the Puget Sound
Auto Theft Task-Force, by the parties (hereafter referred to as participating jurisdictions) to this
Agreement.
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' V. STATEMENT OF PROBLEM
The Washington State Legislature has recognized that automobiles are an essential part of our
everyday lives. The family car is typically the second largest investment a person owns, the theft of
which causes a significant loss and inconvenience to people, imposes financial hardship, and
negatively impacts their work, school, and personal activities. Appropriate, meaningful, and
proportionate penalties should be imposed on those who steal motor vehicles.
King County, Pierce County, and the municipalities therein have experienced an increase in
urbanization and population densities resulting in an increase in crime associated with auto theft. This
has stretched the resources of individual police department investigative units.
Historically, law enforcement efforts focused on auto theft have been predominately conducted by
agencies working independently. A multi jurisdictional effort to handle auto theft investigations has
many benefits, including: the more effective use of personnel, improved utilization of funds, reduced
duplication of equipment, improved training, development of specialized expertise, and improved
information sharing. This results in improved services for all participating jurisdictions and increased
safety for the communities they serve through improved auto theft prosecution.
VI. TASK FORCE OBJECTIVES
The assigned personnel from each participating jurisdiction will form the Puget Sound Auto Theft
Task-Force, which will serve the combined service areas of all the participating jurisdictions. The Task
Force may also provide assistance to other law enforcement agencies that are not participating
jurisdictions pursuant to chapter 10.93 RCW.
The Task Force's objective is to provide enhanced and more efficient use of personnel,
equipment, budgeted funds, and training to investigate and aid in the prosecution of prolific or
organized auto theft crimes. The Task Force may respond as able, and as approved by the Task Force
Supervisors or Commander, to requests for assistance by any participating jurisdiction or by other law
enforcement agencies pursuant to chapter 10.93 RCW.
VII. DURATION AND TERM INATION
The term of this Agreement shall be one (1) year, effective upon its adoption and consistent with
the Washington Auto Theft Prevention Authority (WATPA) grant period. This Agreement shall
automatically extend for consecutive one (1) year terms conditioned upon the receipt of funding
through the WATPA grant process.
A participating jurisdiction may withdraw from this agreement by providing thirty (30) days
written notice of its withdrawal to the other participating jurisdictions. A participating jurisdiction's
withdrawal prior to the WATPA grant's expiration will be ineligible for related grant funds beyond
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' reimbursement for approved grant expenditures that accrued prior to the participating jurisdiction's
withdrawal.
A majority vote of the Board may terminate the Task Force. Any vote for termination shall occur
only when the Department Head, or his or her designee, of each participating jurisdiction was given
reasonable advance notice of the meeting in which such vote is taken and reasonable advance notice
that a vote to terminate the Task Force would be coming before the Board at the meeting.
The participating jurisdictions may completely terminate this agreement by mutual agreement in
writing.
Termination of this Agreement or the withdrawal of a party shall not extinguish those obligations
described in paragraph XVIII of this Agreement with respect to the withdrawing party as to any
incident occurring before the withdrawal of the party. Those obligations described in paragraph XVIII
shall survive the termination of this Agreement with respect to any cause of action, claim or liability
arising on or prior to the date of termination.
VIII. GOVERNANCE
The City of Federal Way, through its Police Department, shall serve as the Lead
Administrative Agency for purposes of this Agreement. The other participating agencies are sub-
recipients. The Lead Administrative Agency shall be responsible for establishing proper
accounting procedures, an audit-trail, and the collection and provision of required reports and
statistics. Sub-recipients shall submit to the Lead Administrative Agency all bills for
reimbursement to ensure that those bills comply with grant policies and regulations prior to the
Lead Agency submitting all reimbursements together to WATPA for payment.
The Task Force shall be governed by an Executive Board ("Board") composed of one member
from each participating jurisdiction that has at least one full-time employee assigned to the Task Force
(Board Member). Each Department Head shall have an equal vote and voice on all Board decisions.
All Board decisions shall be made by a majority vote of the Board members, or their designees,
appearing at the meeting where the decision is made. A quorum of the Executive Board must be
present for any vote to be valid. A presiding officer shall be elected by the Board together with such
other officers as a majority of the Board may deem appropriate.
The Board shall meet quarterly, unless otherwise determined by the Board. Any Board member
may call extra meetings as appropriate. The presiding officer shall provide no less than forty-eight(48)
hours' notice of all meetings to all members of the Board; PROVIDED, however, that in emergency
situations, the presiding officer may conduct a telephonic meeting or a poll of individual Board
members to resolve any issues related to such emergency.
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The Board may, at its discretion, adopt policies, regulations, and operational procedures that
shall apply to Task Force operations. If adopted, the Task Force written policies, regulations, and
operational procedures shall apply to all operations. Officers assigned to the Task Force remain
employees of their employing agency and are subject to the policies of their employing agency. To the
extent that the written policies, regulations, and operational procedures of the Task Force conflict
with the written policies, regulations, and operational procedures of the individual jurisdictions,
the Task Force members will adhere to the written policies, regulations, and procedures of their
employing agency.
IX. COMMAN D AN D CONTROL
In the event of a mobilizing incident, the primarily responsible agency will be the agency in
whose jurisdiction the incident has occurred. The primarily responsible agency shall appoint a
command level officer to serve as Incident Commander to be the officer in charge of the local event.
The Incident Commander retains full authority and control throughout the incident and shall make any
decision as to the resolution of the incident.
X. TASK FORCE STAFF
Upon adoption of this Agreement, the staff listed below shall be assigned and serve at the
pleasure of the Board. The Board shall have authority to determine which participating jurisdictions
will contribute staff and shall have authority to approve of staff assigned by a party. The Board may
change, eliminate, or add staff positions as deemed appropriate. The Board shall, to the best of its
ability, determine which participating jurisdictions may provide staff for the various positions during
the previous year's budget cycle. A staff member of the Task Force may be removed from his or her
position for any reason by majority vote of the Board or by the chief/sheriff of his or her employing
jurisdiction. All Task Force staff members shall be in good standing with their employing jurisdiction
at all times during their service on the Task Force.
Commander: A Task Force Commander, with the rank of Commander or Captain (or
command level equivalent) from his/her employing jurisdiction shall be appointed by the Board.
The Commander shall act as the principal liaison between the Board and Task Force staff. The
Commander shall operate under the direction of the presiding officer of the Board. The
Commander shall be responsible for informing the Board on all matters relating to the function,
expenditures, accomplishments, and challenges of the Task Force.
The Commander shall prepare monthly written reports to the Board on the actions, progress, and
finances of the Task Force. The Commander shall be responsible for presenting any policies,
regulations, and operational procedures and revisions for Board review and approval.
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Task Force Supervisor: The Task Force shall have two (2) Supervisors with the rank of Sergeant
or equivalent from their respective employing jurisdiction; one (1) supervisor position will be funded
by WATPA and appointed by the Board, and one (1) non-WATPA-funded supervisor positions will
be provided by the Washington State Patrol. The Task Force Supervisors shall act as the first level
supervisors for the Task Force and shall report directly to the Commander.
Task Force Detective: The Task Force shall have seven (7) WATPA-funded detectives assigned
from participating jurisdictions that are appointed by the Board and four (4) non-WATPA-funded
detectives provided by WSP.
Crime Analyst: The Task Force shall have one (1) WATPA-funded crime analyst provided by
one of the participating jurisdictions.
Prosecutor: The Task Force shall have one (1) prosecuting attorney provided by the King
County Prosecutor's Office to provide direct access to legal support for improved communication and
prosecution of auto theft cases investigated by the Task Force.
Pursuant to RCW 10.93.040, personnel assigned to the Task Force shall be considered
employees of the employing jurisdiction, which shall be solely and exclusively responsible for that
employee. All rights, duties and obligations of the employer shall remain with the employing
jurisdiction. Each participating jurisdiction will comply with all applicable employment laws and any
applicable collective bargaining agreements or civil service rules and regulations.
XI. EQUIPMENT, TRAINING, AND BUDGET
Equipment, training, and eligible expenses will be paid by the Task Force as provided in the
WATPA grant through the Lead Administrative Agency's finance department. A participating
jurisdiction which incurs expenses not provided in the WATPA grant is responsible for those
expenses. As provided in the WATPA grant, each participating jurisdiction shall provide a
monthly expenditure invoice to the Lead Administrative Agency's finance department
documenting those expenses that are eligible for reimbursement through the WATPA grant.
Each participating jurisdiction will provide a vehicle for each full-time Employee assigned
by that participating jurisdiction to the Puget Sound Auto Theft Task-Force. The participating
jurisdiction is responsible for maintenance of vehicles provided to its employees assigned to the
Task Force.
XII. OVERTIME
Overtime funds shall not exceed the amount budgeted in the WATPA grant award. A Task
Force supervisor must pre-approve overtime expenditures. Overtime is eligible for reimbursement
only if: (1) a Task Force supervisor authorized the overtime; (2) the overtime activity is specifically
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related to auto theft prevention efforts; and, (3) WATPA funds are available. When the budgeted
overtime funds are depleted, no overtime expenditures will be authorized by the Puget Sound Auto
Theft Task-Force or WATPA. For this reason, available funds for reimbursement will be distributed
according to the applicable provisions of the Task Force Policy Manual until those funds are
depleted. The Task Force Policy Manual is a document that will describe the operational procedures
for the task force. If the WATPA overtime funds are depleted, overtime incurred by a Task Force
staff member shall be the responsibility of the employing jurisdiction.
XIII. REIMBURSEMENT OF FUNDS
Participating jurisdictions requesting reimbursement for approved expenditures must submit
appropriate invoices and itemized receipts monthly, and no more frequently than once each month,
for actual expenses. Each reimbursement request must contain a completed reimbursement request
expenditure form. Reimbursements will be made for actual expenses based upon the available
budgeted amounts provided in the WATPA grant award. The participating jurisdiction is responsible
for timely submittal of billing documentation and data reporting to the Lead Administrative Agency.
Expenditures made prior to the award date or after the grant expiration date are not authorized and
will not be reimbursed.
WATPA will reimburse participating jurisdictions upon submittal of billing documentation, as
outlined in the WATPA grant award. Requests for reimbursement for per diem (meal and travel
expenditures) must be accompanied by an itemized receipt detailing the item purchased. Copies of
timesheets are required for overtime reimbursement. Reimbursement will be made only up to the
amount of the limit of the award as indicated in the WATPA grant award. Any cost above and
beyond the award limit will be the responsibility of the employing jurisdiction.
XIV. RECORDS
Each party shall maintain records related to the Puget Sound Auto Theft Task-Force in
conformance with the Washington State Secretary of State's records retention schedule. All records
kept by a participating jurisdiction shall be available for full inspection and copying by any other
participating jurisdiction. Records related to the Puget Sound Auto Theft Task-Force include but
are not limited to bi-annual WATPA reporting, invoices, and requests for reimbursement along with
supporting documentation.
Any party that receives a Public Records Act request for records related to the Puget Sound
Auto Theft Task-Force shall notify within two business-days every other participating jurisdiction to
this Agreement of the request. All participating jurisdictions will search their records to locate and
produce responsive documents.
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Criminal investigation reports generated by the Puget Sound Auto Theft Task-Force will be
maintained in the records systems of the employing jurisdiction of the primary Task Force staff
member who created the report. The primary investigator of an incident or case may include in his or
her report supplemental reports that are also filed with another agency by Task Force members.
XV. POLITICAL ACTI VITI ES PROHIBITED
No government funds, including WATPA award funds, may be used for or against ballot
measures or the candidacy of any person for public office.
XVI. DISTRIBUTION OF ASSETS UPON TERMINATION
Upon termination of this Agreement, any assets acquired by the Puget Sound Auto Theft Task-
Force with grant funds shall be distributed by the Board upon a majority vote of all Board members
or their designees.
XVII. PRESS RELEASES
All press releases related to Puget Sound Auto Theft Task-Force activity must be authorized by
the Task Force Commander, who will coordinate the press release with the police agencies in
whose jurisdictions the incident has taken place. In the event that a press release is associated with a
public service announcement or public outreach efforts, the Task Force Commander will coordinate
the press release with the Board.
XVIII. LIABILITY AND INDEMNIFICATION
The Task Force staff assigned by the employing jurisdiction shall continue under the
employment of that jurisdiction for purposes of any losses, claims, damages, or liabilities arising out
of or related to the services provided to the Task Force or the activities of the Task Force. Each
participating jurisdiction agrees to hold harmless, defend, and indemnify the other participating
jurisdictions in the Task Force in any action arising from the negligence of the employees of that
jurisdiction including all costs of defense including attorney's fees.
A. Collective Representation and Defense. The jurisdictions may retain joint legal counsel to
collectively represent and defend the jurisdictions in any legal action. In the event a jurisdiction
does not agree to joint representation, that jurisdiction shall be solely responsible for all attorney
fees accrued for its individual representation or defense. The jurisdictions and their respective
defense counsel shall make a good faith attempt to cooperate with other participating
jurisdictions. Cooperation includes, but is not limited to, providing all documentation requested
and making Task Force members available for depositions, discovery, settlement conferences,
strategy meetings, and trial.
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B. Insurance. Each participating jurisdiction shall maintain adequate insurance through the
commercial insurance market, an insurance pool, self-insurance, or a combination thereof. The
failure of any insurance carrier or self-insured pooling organization to agree to or follow the
terms of this Agreement shall not relieve any participating jurisdiction from its obligations under
this Agreement.
XIX. NOTICE OF CLAIMS, LAWSUITS, AND SETTLEMENTS
In the event a claim is filed or lawsuit is brought against a participating jurisdiction or its
employees for actions arising out of its conduct in support of Task Force operations, that jurisdiction
shall promptly notify the other participating jurisdictions of the claim or lawsuit. Any documentation,
including the claim or legal complaints, shall be provided to each participating jurisdiction within ten
(10) days.
XX. PRE-CLAIM FILING REQUIREMENTS
Section XIX of this 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. Nothing in this Agreement shall be deemed a waiver by any participating
jurisdiction of the requirements set forth in Chapter 4.96 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 4.96 RCW. Moreover, nothing in this Agreement 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.
XXI. WRITTEN CONSENT TO EN FORCE TRAFFIC AND CRIMINAL LAWS
Pursuant to Chapter 10.93 RCW, this Agreement shall constitute the prior written consent of
each sheriff or police chief of each participating jurisdiction to permit the officers of any participating
jurisdiction to enforce traffic or criminal laws in any of the participating jurisdictions in pursuit of the
purpose of this Agreement.
XXII. ALTERATIONS
This Agreement may be modified, amended, or altered by agreement of all parties and such
alteration, amendment, or modification shall be effective when reduced to writing and executed in a
manner consistent with this section.
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XXIII. FILING
Upon execution, this Agreement shall be filed with the city clerks of the respective participating
municipalities and such other governmental agencies as may be required by law, and each jurisdiction
shall,pursuant to RCW 39.34.040, list this Agreement by subject on its official website.
XXIV. SEVERABILITY
If any part, paragraph, section, or provision of this Agreement is held to be invalid by any court
of competent jurisdiction, such adjudication shall not affect the validity of any remaining section,
part, or provision of this Agreement.
XXV. AUTHORIZATIONS
This Agreement shall be executed on behalf of each participating jurisdiction by its
duly authorized representative and pursuant to an appropriate resolution or ordinance of the
governing body of each participating jurisdiction. This Agreement shall be deemed effective
upon the last date of execution by the last so authorized representative, and upon a
successful grant award by WATPA for the July 2017 through June 2019 WATPA grant cycle.
This Agreement may be executed by counterparts and be valid as if each authorized
representative had signed the original document.
By signing below, the signor certifies that he or she has the authority to sign this agreement
on behalf of the participating jurisdiction, and the participating jurisdiction agrees to the terms of
the Agreement.
[Signature Pages Follow]
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Nancy B s Date Date
Mayor, City of Auburn City Attorney, City of Auburn
Date
City Clerk, City of Auburn
Neil Johnson Date Date
Mayor, City of Bonney Lake City Attorney, City of Bonney Lake
Woody Edvalson Date
City Clerk, City of Bonney Lake
Jim Ferrell Date J. Ryan Call Date
Mayor, City of Federal Way City Attorney, City of Federal Way
Stephanie Courtney Date
City Clerk, City of Federal Way
Mike Zaro Date Heidi Wachter Date
Chief of Police, City of Lakewood City Attorney, City of Lakewood
Alice Bush Date
City Clerk, City of Lakewood
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INTERLOCAL AGREEMENT
Elizabeth Pauli Date Date
City Manager, City of Tacoma City Attorney, City of Tacoma
Doris Sorum Date
City Clerk, City of Tacoma
Allan Ekberg Date Rachel Turpin Date
Mayor, City of Tukwila City Attorney, City of Tukwila
Christy O'Flaherty Date
City Clerk, City of Tukwila
Paul Pastor Date Date
Sheriff, Pierce County Clerk, Pierce County
John R. Batiste Date
Chief, Washington State Patrol
Daniel T. Satterberg Date
Prosecutor, King County Prosecutor's Office
Steve Metruck Date Traci Goodwin Date
Executive Director, Port of Seattle Sr. Port Counsel
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