Loading...
HomeMy WebLinkAbout4865 RESOLUTION NO. 4 8 6 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO INTERLOCAL AGREEMENTS WITH GOVERNMENT AGENCIES FOR THE VALLEY SPECIAL WEAPONS AND TACTICS (VSWA� TEAM TO PROVIDE VSWAT SERVICES ON AN "AS NEEDED" BASIS WHEREAS, political subdivisions of the state are authorized by the Interlocal Cooperation Act, RCW 39.34, to enter into interlocal agreements; and WHEREAS, the municipalities of Aubum, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle (hereinafter "participating agencies") have, by Interlocal Agreement, formed a multi-jurisdictional team, known as the Valley Special Weapons and Tactics Team (hereinafter "VSWAT") to respond to high risk criminal occurrences; and WHEREAS, the Mutual Aid Peace O�cers Powers Act, RCW 10.93, allows for the provision of mutual aid by and between law enforcement agencies; and WHEREAS, there are numerous jurisdictions in King County that are not participants in the VSWAT, and WHEREAS, the police chiefs of the participating agencies have formed an Operafions Board to oversee the operations of the VSWAT, and WHEREAS, the VSWAT has provided assistance to non-participating jurisdictions pursuant to the Mutual Aid Peace O�cers Powers Act, RCW 10.93, without any written agreement with the requesting jurisdiction; and Resolution No 4865 10/09/12 Page 1 of 3 WHEREAS, the VSWAT Operations Board has determined that as these requests become more frequent, and before aid is provided to any non- participating jurisdiction, there should be a written agreement with any non- participating jurisdiction regarding the provision of aid by the VSWAT, establishing the rights, duties, and responsibilities of the agencies in their dealings with each other; and WHEREAS, the legislative bodies of the participating agencies have reviewed and approved the form of agreement attached hereto as Exhibit A, which sets out the standards to be observed when deciding whether to render aid; and WHEREAS, the VSWAT Operations Board will adhere to the standards set out in Exhibit A, there is no need to retum to the City Council for approval of any agreement that is, in form and substance, consistent with Exhibit A, and WHEREAS, it is necessary to document the terms and cond'Rions of Inte�local Agreements between agencies; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1 The City Council adopts the recitals set forth above. Section 2. The Mayor and City Clerk are hereby authorized to enter into Interlocal Agreements between the City of Aubum and agencies requesfing the services of the Valley Special Weapons and Tactics team, to establish the terms that will govern the rights, duties, and responsibilities of the agencies in their dealings with each other as regards to the provision of the services by the Valley Resolution No. 4865 10/09/12 Page 2 of 3 Special Weapons and Tactics team to those jurisdictions that are not participants in the Valley Special Weapons and Tactics team. Section 3. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 4. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this��' day of�c�l..a.�., , 2012. TY OF B�AH_� � � PETE . LEWIS MAYOR ATTEST Danielle E. Daskam, City Clerk APPROVED TO FOR . D iel B. ei , City ttome Resolution No. 4865 10/09/12 Page 3 of 3 INTERLOCAL AGREEMENT FOR SERVICES OF VALLEY SPECIAL WEAPONS AND TACTICS TEAM TO (NON- PARTICIPATING NRISDICTIOI� THIS INTERLOCAL AGREEMENT is effective upon the date executed by all parties. In consideration of the mutual covenanu below,the parties agree as follows: 1. PARTIES. The parties to this Agreement are (non-participating jurisdiction), a polirical subdivision of the State of Wasfiington, and the municipalities of Auburn, Federal Way,Kent, Renton, and Tukwila, each of which is a municipal corporation, and the Port of Seattle,a port district,operating under the laws of the State of Washington. 2. AUTAORTTY. This Agreement is entered into pursuant to Chapters 10.93 (Washington mutual aid peace officers powers act) and 3934 (Intertocal Cooperation Act)ofthe Revised Code of Washington. 3. PURPOSE. The (non-,particinatinQ iurisdictionl does not participate in the Valley Special Weapons and Tactics Team ("V5WAT'), but desires to have the VSV✓AT available to respond to serious criminal occurrences in its jurisdiction, if necessary Aubum, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle, have previously executed an interlocal agreement to organize and operate the VSWAT and might agree to allow the VSWAT to assist the (non-oarticioatin�jurisdictionl under certain circumstances. T'his Agreement is intended to reflect the applicable terms and conditions betiveen the parties if the VSWAT's services aze provided to the (non- participatine iurisdiction). 4. DURATION AND TERMIlNAI'ION. The term of this Agreement shall be effective through December 31, 2012. This Agreement shall automadcally extend for consecutive one (1) year tertns, unless earlier terminated pwsuant to the terms of this Agreement. Any pazty to this Agreement may terminate this Agreement by providing written notice of its intent to terminate to all other parties. A notice of tertnination shall become effective thirty (30) days after service oFthe notice on,the contract representarives, set forth below, forall other parties. In the event that a parry does not generally and consistently comply with the commitments outlined in this Agreement, the issue will be presented to the VSWAT Operazions Board for final resolution. Remedies may include establishing a ticneline for compliance, a temporary reduction in involvement for a prescribed period of time, or termination of the Agreement. 5. REOUEST FOR ASSISTANCE. The Chief of Police for non- participatine iurisdictionl or any commissioned officer who is expressly authorized herein may request the assistance and services of the VSWAT Such request shall be direcced to the Lead VSWAT Commaner The VSWAT may or may not agee to provide iu services, at the sole discretion of the Lead VSWAT Commander. T'he Lead VSWAT Commander may refer to the VSWAT ILA for non participating agency Page 1 of 7 Callout Criteria of the Valley SWAT Team Policy Manual and any other relevant considerations when deciding whether to provide the services of the VSWAT Nothing in this Agreement shall be deemed to obligate Aubum, Federal Way, Kent, Renton, Tukwila, or the Port of Seattle, to make their members of the VSWAT available to the (non-narticinating jurisdictionl. (name&rank or nosition)or (name & rank or nosirion) is authorized to request VSWAT assistance on behalf of (non-participating iurisdictionl. 6. CHAIN OF COMMAND. If the request for assistance and services are granted,the (non-narticipatin�jurisdiction) representative shall notify the Lead VS WAT Commander of the identity of a command Ievel officer from the fnon participatin�jurisdiction)who shall act as the Incident Commander for the non- particioatinc iurisdiction)(hereinafter"Incident Commander'�. The Incident Commander for (non-oarticioatin¢ iurisdiction) shall assume overall command and responsibility for the incident. The Incident Commander shall establish a command post outside the inner perimeter away from the suspecYs line of sight and fire. The Incident Commander stiall consult with the VSWAT Tactical Commander and evaluate the tactical options presented by the VSWAT Tactical Commander. Once the Incident Commander has authorized a tactical plan to accomplish the mission,the VSWAT Tactical Commander assumes command with respect to the implementation of the plan. If the Incident Coaunander and VSWAT Tactical Commander cannot agree on a tactical plan,the VS WAT shall leave the scene. non- aarticioating jurisdiction)shall then handle the situation with its own resources. 7 VSWAT OPERATIONS. If the VS WAT's services are provided to the (non-oarticioatine iurisdictionl the team will generally operate in accordance with the Valley SWAT Team Policy Manual, with any modifications deemed appropriate by the VSWAT Tactical Commander for the circumstances. 8. COMPENSATION. Lon-narticipatinc iurisdiction) agrees to reimburse the other parties to this Agreement for all reasonable and necessary costs incurred in connection with the provision of services by the VSWAT as a result of the VSWAT call-out to the (non-particioatingjurisdiction) including, but not limited to, the cost of repairing or replacing any property, and all incidental expenses incurred 6y the VSWAT team members in providing services pursuant to the request for services by f non-narticivating jurisdiction). 9. ACCEPTANCE OF LIABII.ITY.BY non- aarticioatine iurisdictionl. jnon-participatina iurisdictionl agrees that any liability or claim azising out of the actions or inactions of the members of the VSWAT acting within the course and scope of the'v duties when the VS WAT provides services at the request of_ (non-particioatine iurisdictionl shall be the responsibility of non- particioatine iurisdictionl This provision is intended to expressly allocate liability by written agreement as authorized by RCW 10.93.040 and is controlling over the default liability VSWAT ILA for non participating agenty Page 2 of 7 allocation set forth in RCW 10.93.040. This provision is not intended to require indemnification or payment of any judgment against any individual or party for intentional wrongful conduct ouuide the scope of employment of any member of the VS WAT or of any judgment for punitive damages against a VSWAT member or party to this Agreement. Payment of punitive damages, if any, shall be the sole responsibility of the individual against whom said judgment is rendered and/or his or her employer if that employer elects to make said payment. In furtherance of the above provision, �non-uarticipazinQ jurisdictionl agees to hold hazmless, indemnify, and defend, with counsel reasonably acceptable to the other parties and any named officers, the other parties to this Agreement and their officers, officials and empioyees from any loss, claim or liability arising from or out of any alleged or actual negligent tortious actions or inactions of the VSWAT, its members and supervisors, that might occur or allegedly occur while (non-particioatin¢ jyurisdiction) receives the assistance of VSWAT within its jurisdiction. In the event that a claim or lawsuit is brought against a party or its employee(s) for actions arising out of their conduct in the operation of the VSWAT, such party shall promptly notify the other parties that said claim or lawsuit has been filed or commenced. The parties to this Agreement and their respective legal counsel shall, to the extent reasonably possible and consistent with the best interests of their respective cfients, cooperate with the defense of any lawsuit arising out of the operations of the VSWAT, provided this cooperation does not require the parties to share any out of pocket litigation costs. Said costs will be the responsibility of (non-participating jurisdiction�. Upon request by another party, each party shall disclose to the other parties the terms of their respective liability insurance policies to allow for coordination of coverage. The consent of any liability insurance carrier or self-insured pool or organization is not required to make this Agreement effective between the parties, and the failure of any insurance carrier or self-insured pooling organization to agree to follow the terms of this Agreement on liability allocation shall not relieve any party from its obligations under this agreement. 10. INTERLOCAL COOPERATION ACT PROVISIONS. No special budget or funds aze anticipated, nor shall any be created. It is not intended that a sepazate legal entity be established to conduct this cooperative undertaking, nor is there any acquisition, holding, or disposal of real or personal property other than as specifically provided within the terms of this Agreement. Upon execution hereof, 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 11. AUTHORIZATION TO ENFORCE LAWS. While this agreement is entered pursuant to Chapter 3934 RCW entided, "Interlocal Cooperation Act," this agreement shall, pursuant to RCW ]0.93.070(1), also constihRe the prior written consent ofthe sheriffor chiefof police of each participating agency for the purposes of authorizing officers of VSWAT to enforce the laws of this state within their respective jurisdictions, and to that end, the sheriff or VSWAT ILA for non participating agency Page 3 of 7 police chief of each participating agency consents to the full exercise of peace officer powers within his or her jurisdiction by any properly certificated or exempt officer engaged in VSWAT related activities. 12. DISPUTE RESOLUTION. For the purpose of this Agreement, time is of the essence. Should any dispute azise concerning the enforcement, breach or interpretation of this Agreement,the parties shall first meet in a good faith attempt to resolve the dispute. In the event the dispute is not resolved, it shall be resolved by binding azbitration pursuant to RCW 7.04A, as amended, and the Mandatory Rules of Arbitration (MAR); and venue shall be placed in King County, Washington and the laws of the State of Washington shall apply 13. AUTHORIZATIONS. By signing below, the signor certifies that he or she has the authority to sign this Agreement on behalf of the party, and the party agrees to the terms of this Agreement. This Agreement shall be executed pursuant to an appropriate resolution or ordinance of the goveming body of each jurisdiction,where necessary 14. CONTRACT REPRESENTATIVES. Each pazty shall have a contract representative. Each party may change its representative upon providing written notice to the other pariy The parties'representatives aze as follows: Port of Seattle: Chief Colleen Wilson, or her successor City of Auburn: Chief Bob Lee, or his successor Ciry of Federal Way Chief Brian Wilson, or his successor Ciry of Kent: Chief Ken Thomas, or his successor City of Renton: Chief Kevin Milosevich, or his successor Ciry of Tukwila: Chief Mike Villa,or his successor Chief or his/her successor (non-particioatin¢jurisdiction) 15. ENTIRE AGREEMENT The parties agree that this Agreement is the complete expression of its terms and conditions. Any oral or written representations or understandings not incorporated in this Agreement aze specifically excluded. 16. SEVERABILITY If any part, paragraph, section or provision of this Agreement is held to be invalid by any court of cotnpetent jurisdiction, such adjudication shall not affect the validity of any remaining section, part, or provision of this Agreement. 17 SIGNED COUNTERPARTS. This Agreement may be executed by counterparts and be valid as if each auttiorized representative had signed the original document. 18. EFFECTIVE DATE. This Agreement shall be deemed effective upon the last date of execution by the last authorized representaTive. VSWAT ILA for non,participating agency Page 4 of 7 PORT OF SEAITLE Date: ChiefColleen Wilson Date: Tay Yoshitani, Executive Director Attest: Approved as to Legal Form: By Paul Bidtinger, Port Counsel CITY OF AUBURN Date: Bob Lee,Chief of Police Date: Peter B. Lewis, Mayor Attest: Approved as to Form: Danielle Daskam, Ciry Clerk Daniel B. Heid,City Attomey C1TY OF FEDERAL WAY Date: BrianJ Wilson, ChiefofPolice Date: Skip Priest, Mayor Attest: Approved as to Fortn: By Patricia Richazdson, City Attomey CITY OF KENT Date: VSWAT ILA for non participating agency Page 5 of 7 Ken Thomas, Chief of Police Date: Suzette Cooke, Mayor Attest: Approved as to Form: By Pat Fitzpatrick, Depury City Attorney CITY OF RENTON Date: Chief Kevin Milosevich Date: Denis Law, Mayor Attest: Approved as to Form: By Bonnie Walton, City Clerk Zanetta L. Fontes, Sr Ass't City Attomey CITY OF TUKWII.A Date: Mike Villa, Chief of Police Date: Jim Haggerton, Mayor Attest: Approved as to Form: By , City Clerk , City Attomey CTTY OF Date: , Chief of Police VSWAT ILA for non participating agency Page 6 of 7 Date: , Mayor/City Manager Attest: Approved as to Legal Form: By , Counsel for VSWAT ILA for non participating agency Page 7 of 7