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HomeMy WebLinkAboutAG 07-141 - ICLA - 6 CITIES* /PORT OF SEATTLE
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Police
WASHINGTON 340 East Main Street, Suite 201 * Auburn WA 98002-5548 * www.auburnwa.gov * 253-931-3080
June 5, 2009
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Patricia Bosmans
Des Moines City Attorney
21630 - 11th Ave South, Suite C
Des Moines WA 98198
Peggy McPartland
Port of Seattle Claims Manager
POBox 1209
Seattle WA 98111
Des Moines Risk Manager
21630 - 11th Ave South, Suite A
Des Moines WA 98198
Claims Manager
WCIA
POBox 1165
Renton WA 98057
Carol McNeilly
Federal Way City Clerk
POBox 9718
Federal Way WA 98063
Denis Staab
Des Moines City Clerk
21630 - 11th Ave South, Suite A
Des Moines WA 98198
Patricia Richardson
Federal Way City Attorney
POBox 9718
Federal WayWA 98063
Robin Robertson
Renton Risk Manager
1055 S. Grady Way
Renton WA 98055
Jane Cantu
Tukwila City Clerk
6200 South center Blvd
Tukwila WA 98043
Notice of Address Change Related to Interlocal Cooperative Agreement for the Valley
Special Response Team.
Please note the address change for: JimKelly
Auburn Police Chief
340 E. Main, Suite 201
Auburn WA 98002
The most recent mailings for this agreement and any claims had not been updated.
Should you have any questions, please feel free to contact 253-931-3081.
Cc: Dan Heid
Brenda Heineman
Danielle Daskam
AUBURN * MORE THAN YOU IMAGINED
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KENT
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CIVIL DIVISION
220 4th Avenue South
Kent, WA 98032
Fax: 253-856-6770
PHONE: 253-856-5770
WASHINGTON
City Clerk's Office
Ci of Federal Wa
May 26, 2009
Dan Heid
Auburn City Attorney
25 West Main Street
Auburn, WA 98001
Jim Kelly
Auburn Police Chief
101 N. Division
Auburn, WA 98001
Brenda Heineman
Auburn Human Resources
Director/Risk Manager
25 West Main Street
Auburn, WA 98001
Danielle Daskam
Auburn City Clerk
25 West Main Street
Auburn, WA 98001
Patricia Bosmans
Des Moines City Attorney
21630 - 11th Avenue South, Suite C
Des Moines, WA 98198
Denis Staab
Des Moines City Clerk
21630 - 11th Avenue South, Suite A
Des Moines, WA 98198
Des Moines Risk Manager
21630 - 11th Avenue South, Suite A
Des fv'Joines, WA 98198
Patricia Richardson
Federal We,! City Attorney
PO Box 9718
Federal Way, WA 98063
~arol McNeilly
Federal Way City Clerk
PO Box 9718
Federal Way, WA 98063
Robin Robertson
Renton Risk Manager
1055 So. Graqy Way
Renton, WA 98055
Peggy McPartland
Port of Seattle Claims Manager
PO Box 1209
Seattle, WA 98111
Jane Cantu
Tukwila City Clerk
6200 Southcenter Blvd
Tukwila, WA 98043
Claims Manager
WCIA
PO Box 1165
Renton, WA 98057
RE: Fully Executed Copy of Interlocal Cooperative Agreement
for the Valley Special Response Team
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Dear SRT Agency Representatives:
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. MAYOR SUZETTE COOKE
Attached for your file is a complete copy of the signed Interlocal Cooperative Agreement which
created the current organization of the Valley Special Response Team. In preparing the notice I
mailed to you on this same date regarding a recent claim the City of Kent received, I discovered
Law Department
Tom Brubaker, City Attorney
Valley SRT Member Agencies
May 26, 2009
Page: 2
that our file lacked a fully executed agreement. Upon obtaining copies from a number of other
member agencies, I was able to put together a complete copy which bears the signatures of all
member agencies. A complete copy is therefore enclosed for your file.
Thank you.
~~..
Cc: Steve Strachan, Kent Police Chief
Chris Hills, Kent Risk Manager
Brenda Jacober, Kent City Clerk
Arthur "Pat" Fitzpatrick, Kent Acting City Attorney
P: \Civil\Files\OpenFiles\0706\ TransmitSignedlnterlocalAgreement.doc
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I
INTERLOCAL COOPERATIVE AGREEMENT BETWEEN AUBURN, DES
MOINES, FEDERAL WAY, KENT, RENTON, TUKWILA, AND THE PORT
OF SEATTLE, FOR CREATION OF THE
VALLEY SPECIAL RESPONSE TEAM
I. PARTIES
The parties to this Agreement are the Port of Seattle and the municipalities of Auburn,
Des Moines, Federal Way, 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 Chapters 10.93, 39.34, and 53.08 of the
Revised Code of Washington.
III. PURPOSE
The parties hereto desire to establish and maintain a multi-jurisdictional team to
effectively respond to high risk criminal occurrences as described below.
IV . FORMATION
There is hereby created a multi-jurisdictional team to be hereafter known as the ''Valley
Special Response Team" ("SRT"), the members of which shall be the Port of Seattle,
and the cities of Auburn, Des Moines, Federal Way, Kent, Renton, and Tukwila. The
SRT has been in existence for some time, and this Agreement is being re-entered into
in order to admit the City of Des Moines as an SRT member. The future admi,ssion or
elimination of a jurisdiction as a member. of the SRT may be accomplished by an
addendum to this agreement.
V. STATEMENT OF PROBLEM
King County and the municipalities within the Puget Sound area have experienced
increasingly violent criminal confrontations due to,. among other reasons, increased
gang activity; increased drug abuse, distribution, and manufacturing; increased
urbanization; and increased population densities. The ability to safely control, contain,
and resolve high risk criminal incidents such as civil disobedience, barricaded subjects,
hostage situations, gang member arrests, high risk felony arrests, and narcotic or high
risk search warrants has strained the resources of the members' individual police
departments.
Law enforcement efforts directed at dealing with these high risk criminal incidents have,
for the most part, been conducted by law enforcement agencies working independently.
A multi-jurisdictional effort to handle specific high risk criminal incidents, as well as
VSRT 03-20-2007
INTERLOCAL AGREEMENT
incidents involving weapons of mass destruction, results 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. This results in improved
services for the citizens of all participating jurisdictions, increased safety for officers and
the community, and improved cost effectiveness.
VI. TEAM OBJECTIVES
The individual specialty units from each participating jurisdiction will be consolidated
and combined to form the SRT. The SRT shall service each participating jurisdiction.
The SRT may also be available to outside law enforcement agencies as provided. by
chapter 10.93 RCW.
The objective of the SRT is to respond to specific high risk criminal incidents in a
manner that provides for the effective use of personnel, equipment, funds, and training.
The SRT shall respond as requested by any of the participating jurisdictions and
provide a coordinated response to high-risk incidents. As special needs arise, it may be
necessary to request from other law enforcement agencies assistance and/or
personnel, at the discretion of the SRT Incident Commander and/or the SRT Tactical
Commander.
VII. DURATION AND TERMINATION
The minimum term of this Agreement shall be one (1) year, effective upon its adoption.
This Agreement shall automatically extend for consecutive one (1) year terms without
action of the legislative bodies of the partic~ating jurisdictions, unless and until
terminated pursuant to the terms of this Agreement.
A jurisdiction may withdraw its participation in the SRT by providing written notice of its
withdrawal, and serving such notice upon each Executive Board member of the
remaining jurisdictions. A notice of withdrawal shall become effective ninety (90) days
after service of the notice on all participating members.
The SRT may be terminated by a majority vote of the Executive Board. Any vote for
termination shall occur only when the police chief of each participating jurisdiction is
present at the meeting in which such vote is taken.
VIII. GOVERNANCE
The affairs of the team shall be governed by an Executive Board ("Board"), whose
members are composed of the police chief, or his/her designee, from each participating
jurisdiction. Each member of the Board 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 in which the decision is made. A majority
of Board members, or their designees, must be present at each meeting for any actions
taken to be valid. A presiding officer shall be elected by the Board together with such
other officers as a majority of the Board may decide.
VSRT 03-20-2007
INTERLOCAL AGREEMENT
The Board shall meet monthly, unless otherwise determined by the Board. The
presiding officer, or any Board member, may call extra meetings as deemed
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.
The policies, regulations, and operational procedures in effect pursuant to the previous
interlocal agreement shall be in effect without action of the Board and until such time as
they are subsequently altered by the Board. The SRT written policies, regulations, and
. operational procedures shall apply to all SRT operations. Thus, to the extent that the
written policies, regulations, and operational procedures of the SRT conflict with the
policies, regulations, and operational procedures of the individual jurisdictions, the SRT
written policies, regulations, and procedures shall prevail.
IX. STAFF
A Tactical Commander, which shall be a command level officer, shall be appointed
annually by the Board to act as the principal liaison and facilitator between the Board
and the members of the SRT. The Tactical Commander .shall operate under the
direction of the presiding officer of the Board. The Tactical Commander shall be
responsible for informing the Board on all matters relating to the function, expenditures,
accomplishments, training, number of calls that the SRT responds to, problems of the
SRT, and any other matter as requested by the Board. The Tactical Commander may
be removed by action of the Board at anytime and for any reason, with or without
cause.
The Tactical Commander shall prepare monthly written reports to the Board on the
actions, progress, and finances of the SRT. In addition, the Tactical Commander shall
be responsible for presenting rules, procedures, regulations, and revisions thereto for
Board approval.
Each jurisdiction shall contribute six (6) full-time commissioned officers, which shall
include at least one (1) Sergeant or other first level supervisor, to be assigned to the
SRT. Board approval must be obtained for the jurisdiction to assign less than this
staffing requirement. The personnel assigned to the SRT shall be considered
employees of the contributing jurisdiction. The contributing jurisdiction shall be solely
and exclusively responsible for the compensation and benefits for the personnel it
contributes to the SRT. All rights, duties, and obligations of the employer and the
employee shall remain with the contributing jurisdiction. Each jurisdiction 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 Board may appoint the finance department of a participating jurisdiction to manage
the finances of the SRT. Before appointing the finance department of a particular
jurisdiction to manage the finances of the SRT, the Board shall consult with the finance
department of the jurisdiction and obtain its approval. The duty of managing the
VSRT 03-20-2007
INTERLOCAL AGREEMENT
finances of the SRT shall be rotated to other participating jurisdictions at the discretion
of the Board.
The Board may, at its discretion, appoint one (1) or more legal advisors to advise the
Board on legal issues affecting the SRT. The legal advisor(s) shall, when appropriate
or when requested by the Board, consult with the legal representatives of all
participating jurisdictions before rendering legal advice.
x. COMMAND AND CONTROL
During field activation of the SRT, an Incident Commander, SRT Tactical Commander,
and SRT Team Leader(s) will be designated. The duties and procedures to be utilized
by the Incident Commander, the SRT Tactical Commander, and the SRT Team
Leader(s) shall be set forth in the standard operating procedures approved by the
Board. The standard operating procedures approved by the board may designate other
personnel to be utilized during an incident.
XI. EQUIPMENT, TRAINING, AND BUDGET'
I;ach participating jurisdiction shall acquire the equipment of its participating SRT
members. Each participating jurisdiction shall provide sufficient funds to update,
replace, repair, and maintain the equipment and supplies utilized by its participating
SRT members. Each participating jurisdiction shall provide sufficient funds to provide
for training of its participating SRT members.
The equipment, supplies, and training provided by each jurisdictio,n to its personnel
participating in the SRT shall, unless otherwise determined by the Board, be equal to
those provided by the other participating jurisdictions.
Each member jurisdiction shall maintain an independent budget system to account for
funds allocated and expended by its participating SRT members.
The Board must approve any joint capital expenditure for SRT equipment.
XII. DISTRIBUTION OF ASSETS UPON TERMINATION
Termination shall be in accordance with those procedures set forth in prior sections.
Each participating jurisdiction shail retain sole ownership of equipment purchased and
provided to its participating SRT members. .
Any assets acquired with joint funds of the SRT shall be equally divided among the
participating jurisdictions at the asset's fair market value upon termination. The value of
the assets of the SRT shall be determined by using commonly accepted methods of
valuation. If two (2) or more participating jurisdictions desire an asset, the final decision
shall be made by arbitration (described below). Any property not claimed shall be
declared surplus by the Board and disposed of pursuant to state law for the disposition
of surplus property. The proceeds from the sale or disposition of any SRT property,
after payment of any and all costs of sale or debts of the agency, shall be equally
distributed to those jurisdictions participating in the SRT at the time of dissolution in
VSRT 03-20-2007
INTERLOCALAGREEMENT
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,
proportion to the jurisdiction's percentage participation jn the SRT as of the date of
dissolution. In the event that one (1) or more jurisdictions terminate their participation in
the SRT, but the SRT continues to exist, the jurisdiction terminating participation shall
be deemed to have waived any right or title to any property owned by the SRT or to
share in the proceeds at the time of dissolution.
Arbitration pursuant to this section shall occur as follows:
A. The jurisdictions interested in an asset shall select one (1) person
(Arbitrator) to determine which agency will receive the property. If the
jurisdictions cannot agree to an Arbitrator, the chiefs of the jurisdictions
participating in the SRT upon dissolution shall meet to determine who the
Arbitrator will be. The Arbitrator may be any person not employed by the
jurisdictions that desire the property.
B. During a meeting with the Arbitrator, each jurisdiction interested in the
property shall be permitted to make an oral and/or written presentation to
the Arbitrator in support of its position.
C. At the conclusion of the presentation, the Arbitrator shall determine which
jurisdiction is to receive the property. The decision of the Arbitrator shall
be final and shall not be the subject of appeal or review.
XIII. LIABILITY, HOLD HARMLESS, AND INDEMNIFICATION
It is the inteht of the participating jurisdictfons to provide services of the SRT without the
threat of being subject to liability to one another and to fully cooperate in the defense of
any claims or lawsuits arising out of or connected with SRT actions that are brought
against the jurisdictions. To this end, the participating jurisdictions agree to equally
share responsibility and liability for the acts or omissions of their participating personnel
when acting in furtherance of this Agreement. In the event that an action is brought
against any of the participating jurisdictions, each jurisdiction shall be responsible for an
equal share of any award for or settlement of claims of damages, fines, fees, or costs,
regardless of which jurisdiction or employee the action is taken against or which
jurisdiction or employee is ultimately responsible for the conduct. The jurisdictions shall
share equally regardless of the number of jurisdictions named in the lawsuit or claim or
the number of officers from each jurisdiction named in the lawsuit or claim. This section
shall be subject to the conditions and limitations set forth in subsections A through G
below.
A. Jurisdiction Not Involved In SRT Response. In the event that a jurisdiction
or its personnel were not involved in the SRT response to the incident that
gives rise to a claim or lawsuit, and judgment on the claim or lawsuit does
not, in any manner, implicate the acts of a particular jurisdiction or its
personnel, such jurisdiction shall not be required to share responsibility for
the payment of the judgment or award.
B. Intentionallv WronQful Conduct Bevond the Scope of Emolovment.
Nothing herein shall require, or be interpreted to require indemnification or
VSRT 03-20-2007
INTERLOCAL AGREEMENT
sharing in the payment of any judgment against any SRT personnel for
intentionally wrongful conduct that is outside of the scope of employment
of any individual or for any judgment of punitive damages against any
individual or jurisdiction. Payment of any award for punitive damages
shall be the sole responsibility of the person or jurisdiction that employs
the person against whom such award is rendered.
c. Collective Representation and Defense. The jurisdictions may retain joint
legal counsel to collectively represent and defend the jurisdictions in any
legal action. Those jurisdictions retaining joint counsel shall share equally
the costs of such representation or defense.
'In the event a jurisdiction does not agree to joint representation, the
jurisdiction shall be solely responsible for all attorneys fees accrued by its
individual representation or defense. '
The jurisdictions and their respective defense counsel shall make a good
faith attempt to cooperate with other participating jurisdictions by,
including but not limited to, providing all documentation requested, and
making SRT members available for depositions, discovery, settlement
conferences, strategy meetings, and trial.
D. Removal From Lawsuit. In the event a jurisdiction or employee is
successful in withdrawing or removing the jurisdiction or employee from a
lawsuit by summary judgment, qualified immunity, or otherwise. the
,!jurisdiction shall nonetheless be required to pay its equal share of any
award for or settlement of the lawsuit; PROVIDED, however, that in the
event a jurisdiction or employee is removed from the lawsuit and
subsection (A) of this section is satisfied, the jurisdiction shall not be
required to pay any share of the award or settlement.
E. Settlement Process. It is the intent of this Agreement that the jurisdictions
act in good faith on behalf of each other in conducting settlement
negotiations on liability claims or lawsuits so that, whenever possible, all
parties agree with the settlement or, in the altemative, agree to proceed to
trial. In the event a claim or lawsuit requires the sharing of liability, no
individual jurisdiction shall be authorized to enter into a settlement
agreement with a claimant or plaintiff unless all jurisdictions agree with the
terms of the settlement. Any settlement made by an individual jurisdiction
without the agreement of the remaining jurisdictions, when required. shall
not relieve the settling jurisdiction from paying an equal share of any final
settlement or award.
F. Defense Waiver. This section shall not be interpreted to waive any
defense arising out of RCW Title 51.
G. Insurance. The failure of any insurance carrier or self-insured pooling
organization to agree to or follow the ter~s of this section shall not relieve
any individual jurisdiction from its obligations under this Agreement.
VSRT 03-20-2007
INTERLOCAL AGREEMENT
XIV. NOTICE OF CLAIMS, LAWSUITS, AND SETTL~MENTS
In the event a claim is filed or lawsuit is brought against a participating jurisdiction or its
employees for actions arising out of their conduct in support of SRT operations, the
jurisdiction shall promptly notify the other jurisdictions that the claim or lawsuit has been
initiated. Any documentation, including the claim or legal complaints, shall promptly be
provided to each participating jurisdiction.
Any jurisdiction or member who believes or knows that another jurisdiction would be
liable for a claim, settlement, or judgment that arises from a SRT action or operation,
shall have the burden of notifying each participating jurisdiction of all claims, lawsuits,
settlements, or demands made to that jurisdiction. In the event a participating
jurisdiction has a right, pursuant to section XIII of this Agreement, to be defended and
held harmless by another participating jurisdiction, the jurisdiction having the right to be
defended and held harmless shall promptly tender the defense of such claim or lawsuit
to the jurisdiction that must defend and hold the other harmless.
XV. 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
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 this Agreement, 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.
VSRT 03-20-2007
INTERLOCAL AGREEMENT
. '
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 the lead jurisdiction determines that payment of a claim is
appropriate, such determinatio'n 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
of all jurisdictions participating in the SRT and each and every
officer, agent, or volunteer of those participating jurisdictions.
In the event 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 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.
VSRT 03-20-2007
INTERLOCAL AGREEMENT
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 Board and persons listed in Section XVII of this Agreement
shall be notified of the meeting.
XVI. PROCESSING OF LAWSUITS.
A. Notification to Other'Jurisdictions.
In the event 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 this Agreement.
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 Board and persons listed in Section XVII of this
Agreement shall be notified of the meeting.
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XVII. NOTIFICATION OF CLAIMS AND LAWSUITS.
Section XIV of this Agreement requires that the jurisdictipn 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 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 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.
For the purposes of implementing, Section XIV of this Agreement, the following
persons from each jurisdiction shall receive any required notification or
documentation:
Auburn:
Kent:
Auburn City Attorney
25 West Main Street
Auburn, WA 98001
(253) 931-3030
Kent City Attorney
220 4111 Avenue South
Kent, WA 98032
(253) 856-5781
VSRT 03-20-2007
INTERLOCAL AGREEMENT
Auburn Police Chief Kent Risk Manager
101 N. Division 220 4th Avenue South
Auburn, WA 98001 Kent, WA 98032
(253) 931-3080 (253) 856-5285
Auburn Human Resources Kent City Clerk
Director/Risk Manager 220 4th Avenue South
25 West Main Street Kent, WA 98032
Auburn, WA 98001 (253) 856-5728
(253) 931-3040
Auburn City Clerk Kent Police Ch ief
25 West Main Street 220 4th Avenue South
Auburn, WA 98001 Kent, WA 98032
(253) 931-3039 (253) 856-5888
Des Moines: Federal Way:
Des Moines City Clerk ' Federal Way City Clerk
21630 11th Avenue South, Suite A P.O. Box 9718
Des Moines, WA 98198 FederalWay,VVA 98063
Des Moines City Attorney Federal Way City Attorney
21630 11th Avenue South, Suite C P.O. Box 9718
Des Moines, WA 98198 FederalWay,VVA 98063
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Des Moines Risk Manager ~ Renton:
21630 11th Avenue South, Suite_
Des Moines, WA 98198 Renton Risk Manager
1055 So. Grady Way
Renton, WA 98055
Port of Seattle: ClAW: t~~ ,~ ~
Port of Seattle Claims Manager Director of Claims ~ kJl
P.O. Box 1209 Canfi~ld & Asso~iates, Inc. lD t1lo~ 11 ~~
Seattle, WA 98111 451 Diamond Drive L~eq
Ephrata, WA 98823
Tukwila: WCIA:
City Clerk Claims Manager
City of Tukwila WCIA
6200 Southcenter Blvd. P.O. Box 1165
Tukwila, WA 98043 Renton, WA 98057
.
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Wt-.
VSRT 03-20-2007
INTERLOCAL AGREEMENT
By signing below, the signor certifies that he or she has the authority to sign this
Agreement on behalf of the jurisdiction, and th . .sdi . n agrees to e terms
[
APR - 6 2007
Date
Date
,,07
Date
Mayor, City of Des Moines
Date City Attorney, City of Des Moine~
Date
City Clerk, City of Des Moines 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
City Clerk, City of Kent
Date
City Manager, City of Federal Way
Date City Attorney, ,City of Federal Way
Date
City Clerk, City of Federal Way . Date
Executive Director, Port of Seattle
Date Port Counsel, Port of Seattle
Date
VSRT 03-20-2007
INTERLOCALAGREEMENT
XVIII. COMPLIANCE WITH THE LAW
The SRT and all its members shall comply with all federal, state, and local laws that
apply to the SRT. .
XIX. AL TERA TIONS
This Agreement may be modified, amended, or altered by agreement of all participating
jurisdictions and such alteration, amendment, or modification shall be effective when
reduced to writing and executed in a manner consistent with paragraph XXIII of this
Agreement.
XX. RECORDS
Each jurisdiction shall maintain training records related to the SRT for a minimum of
seven (7) 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 jurisdiction.
XXI. FILING
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.
XXII. 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
re"':1aining section, part, or provision of this Agreement.
XXIII. MUNICIPAL 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. This
Agreement may be executed by counterparts and be valid as if each authorized
representative had signed the original document.
VSRT 03-20-2007
INTERlOCAl AGREEMENT
" ,
,',
'-,I .
By Slgn;:g below, the. ~ignor certifies that he or she has th~' ~thOrity to sign ill is
ArJl1 , ent on behalf of the jurisdiction, and the Ju 'sdiction agrees to the terms
men
APR - 6 Z007
Date ~ity 0
tf.",.q 1
Date
p~ ,
City' Attorney, City of Des Moines
. ...,.-c1
(,.....
, D~e
t.ffy "
. ~~..~.
. .. "" t'. . ." ~ .. ',..
'Ci~'Cf~ik, Cily"ot~',Moi~~',:, '.~; ",:"foat6
.; f.... '. '. < . '.: ::" 'i ''f~;-.r:. ," '~.., "
, . , :. . . ,', .,::, ". --:.3/J..,(). ,
Mayor. Ci Of R~t@.h :~, ~ :;.": . 'Date
'H~'J. tJ~. $-SJ-~7
City Clerk,' City of Renton' Date
.' ... .
" .: '~~~","'~'~ ~
. '-.
.~~{W~~j;,
Mayor, City of Tukwila ~ Date City Attorney, City of Tukwila
City Clerk, City of Tukwila Date
Mayor, City of Kent Date City Attomey, City of Kent
City Clerk, City of Kent Date
City Manager, CIty of Federal Way , Date City Attorney, City of Federal Way
City Cle~, City of Federaf Way , Date
Executive Director, Port of Seattle ' Date Port,Counsel, Port of S~ttle
Date
Date
Date
Date
.. bES M.D\N€S
VSRT 03-20-2007
fHtERlOCAl AGREEMENT
'1~
. ~:t-:~
...\ .~.
. .,'
. t
By signing below, the signor certifies that he or she has the authority to sign this
Agre ent' on behalf of the jurisdiction, and the ju .sdiction agrees to the terms
. men
Mayor, City of Tukwila . Date City Attorney, City of Tukwila
City Clerk, City of Tukwila Date
Mayor, City of Kent Date City Attorney, City of Kent
City Clerk, City of Kent Date
City Manager, City ,of Federal Way Date City Attomey, City of Federal Way
City Cle~k, City of Federal Way Date
Executive Director, Port of Seattle Date Port Counsel, Port of Se'attfe "
:
Mayor, City of Des Moines
City Clerk, City of Des Moines
~.~
Mayor, "."ty of Repton
~'.J Ld~
City Clerk, City of Renton
VSRT 03-20-2007
INTERLOCAL AGREEMENT
APR - 8 Z007
Date City
Date City Attorney, City of Des Moines
Date
, Date
of~~~1-
City Attorney, City of Renton Date
5-?1-07
Date
S-S/',(J1
Date
Date
Date
Date
Date
, .
.-~
.~..
By signing below, the signor certifies that he or she has 'the authority to sign this
Agre ent on behalf of the jurisdiction, and the jurisdiction agrees to the terms
men'
APR - 8 Z007
Date City
PR - 6 2007
Date
Mayor, City of Des Moines' Date City Attorney, City of Des Moines Date
City Clerk, City of Des Moines Date
Mayor. City of Renton Date City Attorney, City of Renton ' 'Date
Date
--?;;. g~ ~~~-~
rr Date
t: 0 te City Attorney, City of Tukwila
Mayor, City of Kent Date City Attorney, City of Kent
City Clerk, City of K~nt Dat~
City Manager, City of Federai Way Date City Attorney, City of Federal Way
, City Clerk, City of Federal Way Date
Executive Director, Po.rt of Seattle Date Port Counsel, Port of Seattle
Date
Date
. Date
". . .________._____._______"_--:--______________..___ ~..______..____.______M_..__.__.
VSRT 03-20-2007
INTERlOCAL AGREEMENT
I
L
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 agrees to the terms
of this Agreement.
Dat~
Mayor, City of Auburn Date City Attorney, City of Auburn
City Clerk, City of Auburn Date
Mayor, City of Des Moines ' Date City Attorney, City of Des Moines
City Clerk, City of Des Moines Date
Mayor, City of Renton Date City Attorney, City of Renton
City Clerk, City of Renton Date
Mayor, City of Tukwila Date City Attorney, City of Tukwila
Date .p
-c:
Date
Date
/-,;1.'/-0 f?'
Date
Date
City Manager, City of Federal Way
Date City Attorney, City of Federal Way
Date
City Clerk, City of Federal Way Date
Chief Executive Officer, Port of Seattle Date Port Counsel, Port of Seattle
Date
VSRT 07-13-2007
INTERLOCAL AGREEMENT
Page 12
I .
I:IY signing below, the signor certifies that he or she has the authority to sfgn this
Agre:ement 0" behalf of th,e Jurlsdl~on, and t~e jurisdiction agrees to the .terms
of this Agreement. . .
City Clerk, City of Kent Date
'/tAt ~ t (j ,
C~ity Man'ager . of Federal Way Date
. ~ J.-fIo :<II Iff!
~i cle~~~VoiFed~ './ f ~ate '
Oate
Data
Da~e
Date
Date
.t'~ ~ /4,4<'~. ro/lIfl
City Attorney, City of Federal Way , Date
.' C,hief ExeplJ~ive Offlger. Port of ~~attl~ Date Port Counsel,' Port of ~eattle ' , Date
VSRT Q7~13-2007 ,
INTI;RlOCAL. AGRE!;MENT
Page 12
By signing below, the signor certifies that he or she has the a,uthority to sign this
Agreement on behalf of the jurisdiction, and the jurisdiction agrees to the terms
of this Agreement. .
Mayor, City of Auburn
Date City Attorney, City of Auburn
Date
City Clerk, City of Auburn
Date
Mayor, City of Des Moines
Date City Attorney, City of Des Moines
Date
City Clerk, City of Des Moines 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
City Clerk, City of Kent
Date
City Manager, City of Federal Way
Date City Attomey, City of Federal Way
'Date
City Clerk, City of Federal Way
~~-
VSRT 07-13-2007
INTERLOCAL AGREEMENT
Page 12
L
( I.
OCT 1 I) ZUUd
CITY HALL
33325 8th Avenue South
Mailing Address: PO Box 9718
Federal Way, WA 98063-9718
(253) 835-7000
www.cityoffederalway.com
. ~ Federal Way HECEIVED
KENT L~W DEPT.
(253) 835-2561
October 7, 2008
Daniel B. Heid
Auburn City Attorney
25 West Main Street
Auburn, WA 98001
Jim Kelly
Auburn Police Chief
101 N. Division
Auburn, WA 98001
Brenda Heineman
Director of Human Resources/Risk Manager
25 West Main Street
Auburn, WA 98001
Danielle E. Daskam
Auburn City Clerk
25 West Main Street
Auburn, WA 98001
Arthur Pat Fitzpatrick
Deputy City Attorney
City of Kent
220 4th Avenue South
Kent, W A 98032
Chris Hills
Risk Manager
City of Kent
220 4th Avenue South
Kent, W A 98032
City Clerk
City of Kent
220 4th Avenue South
Kent, W A 98032
Ed Crawford
Chief of Police
City of Kent
220 4th Avenue South
Kent, W A 98032
Mike Webby
Risk Manager
1055 So. Grady Way
Renton, W A 98055
City Clerk
City of Tukwila
6200 Southcenter Blvd.
Tukwila, W A 98043
Peggy McPartland
Claims Manager
Port of Seattle
P.O. Box 1209
Seattle, W A 98111
RE: SRT
Update of City of Federal Way Insurance Carrier
"
I
SRI City Representatives
City of Federal Way Insurance Carrier
Page 2
Dear City Representatives:
The City of F ederal Way would like to notify our partner City's that the City has joined
WCIA effective September 1, 2008.
We would ask that you update your distribution/no~ice list in Addendum One of the
Valley Special Response Team Interloeal to remove ClAW and add WCIA. WCIA's
contact is:
Ann Bennett
Claims Manager
WCIA
P.O. Box 88030
Tukwila, WA 98138
Very truly yours,
(\1~~~
~a Proctor
Lead Paralegal/Risk
TP
cc: Ann Bennett, WCIA
K:\Risk\Claims\SRT\insuranee update efw
L
. ~- Federal Way HECEIVED
CITY HALL
33325 8th Avenue South
Mailing Address: PO Box 9718
Federal Way, WA 98063-9718
(253) 835-7000
www.cityoffederalway.com
OCT 1 0 LUUd
KENT L~W DEPT.
October 7, 2008
Daniel B. Heid
Auburn City Attorney
25 West Main Street
Auburn, W A 98001
Brenda Heineman
Director of Human Resources/Risk Manager
25 West Main Street
Auburn, WA 98001
Arthur Pat Fitzpatrick
Deputy City Attorney
City of Kent
220 4th Avenue South
Kent, W A 98032
City Clerk
City of Kent
220 4th Avenue South
Kent, W A 98032
Mike Webby
Risk Manager
1055 So. Grady Way
Renton, W A 98055
Peggy McPartland
Claims Manager
Port of Seattle
P.O. Box 1209
Seattle, W A 98111
RE: SRT
Update of City of Federal Way Insurance Carrier
(253) 835-2561
Jim Kelly
Auburn Police Chief
101 N. Division
Auburn, WA 98001
Danielle E. Daskam
Auburn City Clerk
25 West Main Street
Auburn, WA 98001
Chris Hills
Risk Manager
City of Kent
220 4th Avenue South
Kent, W A 98032
Ed Crawford
Chief of Police
City of Kent
220 4th Avenue South
Kent, WA 98032
City Clerk
City of Tukwila
6200 Southcenter Blvd.
Tukwila, W A 98043
~":4iu~,!'~.
"
I
SRT City Representatives
City of Federal Way Insurance Carrier
Page 2
Dear City Representatives:
The City of F ederal Way would like to notify our partner City's that the City has joined
WCIA effective September 1, 2008.
We would ask that you update your distribution/notice list in Addendum One of the
Valley Special Response Team Interlocal to remove ClAW and add WCIA. WCIA's
contact is:
Ann Bennett
Claims Manager
WCIA
P.O. Box 88030
Tukwila, WA 98138
Very truly yours,
(\1~~~
~a Proctor
Lead Paralegal / Risk
TP
cc: Ann Bennett, WCIA
K:\Risk\Claims\SRT\insuranee update efw
~
DATE IN:
I DATE OUT: I TO:
CITY OF FEDERAL WAY LAW DEPARTMENT
REQUEST FOR CONTRACT PREPARATIONIDOCUMENT REVIEW/SIGNATURE ROUTING SLIP
1. ORIGINATING DEPT.IDIV: FEDERAL WAY POLICE DEPARTMENT
11. CONTRACT SIGNATURE ROUTING INITIALlDATE APPROVED
iLAWDEPARTMENT 1I-W~_"
CI1YMANAGER. . ~~~/O7
CITY CLERK ,. /.& '
'...... SIGN COpy BACK TO ORGIN.tj~TIN..G DEPT. . .... ..
)1 ASSIGNED AG# 0'7.. IlfL '
o PURCHASING: PLEASE CHARGE TO: IV/N
COMMENTS
2.
4.
6.
7.
8.
9.
10.
3. DATE REQ. BY: MAY 29. 2007 .
ORIGINATING STAFF PERSON: LYNETTE ALLEN EXT: 6701
TYPE OF DOCUMENT REQUESTED (CHECK ONE)
o PROFESSIONAL SERVICE AGREEMENT
o MAINTENANCE/LABOR AGREEMENT
o PUBLIC WORKS CONTRACf
o SMA.LLPUBLIC WORKS CONTRACf
(LESS THAN $200.000)
o PuRCHASE AGREEMENT)
(MATERIALS. SUPPLIES. EQUIPMENT)
o REAL ESTATE DOCUMENT
o SECURITY DOCUMENT (E,G, AGREEMENT &
PERFIMAIN BOND; ASSIGNMENT OF FUNDS IN LIEU OF BOND)
o CONTRACfOR SELECfION DOCUMENT
(E.G,.RFB. RFP. RFQ) . j)? . It( f
o CONTRACf AMENDMENT AG#: (/
\0 "CDBG
}(OTHER
5. PROJECf NAME: INT~RLOCAL COOPERATIVE AGREEMENT BETWEEN AUBURN. DES MOINES. FEDERAL WAY. KENT. RENTON.
TUKWILA. AND THE PORT OF SEATTLE. FOR CREATION OF THE VALLEY SPECIAL RESPONSE TEAM
NAME OF CONTRACTOR:
ADDRESS:
SIGNATURE NAME:
TELEPHONE
TITLE
ATTACH ALL EXHIBITS AND CHECK BOXES 0 SCOPE OF SERVICES 0 ALL EXHIBITS REFERENCED IN DOCUMENT
o INSURANCE CERTIFICATE 0 DOCUMENT AUTHORIZING SIGNATURE
TERM: COMMENCEMENT DATE: 03~o-o.'bOMPLETIONDAtE: ~~..{~#
TOTAL COMPENSATION $ . . (INCLUDE EXPENSES AND SALES TAX. IF ANY) WI, w-z ~
(IF CALCULATED ON HOURLY LABOR CHARGE - ATIACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) Wi '1 () {)~. tJc> ~ Ie..
REIMBURSABLE EXPENSE: 0 YES 0 NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED 0 YES 0 NO IF YES, $ PAID BY: 0 CONTRACTOR 0 CITY
CONTRACT REVIEW
o PROJECT MANAGER
O.DIRECTOR
o RISK MANAGEMENT
~ LAW 'S.2 2.
INITIALIDATEAPPROVED
, INITlALIDATE APPROVED
t~ ., It."
INITIALIDATE APPROVED
10/09/02
..,
INTERLOCAL COOPERATIVE AGREEMENT BETWEEN AUBURN, DES
MOINES, FEDERAL WAY, KENT, RENTON, TUKWILA, AND THE PORT
OF SEATTLE, FOR CREATION OF THE
VALLEY SPECIAL RESPONSE TEAM
I. PARTIES
The parties to this Agreement are the Port of Seattle and the. municipalities of Auburn,
Des Moines, Federal Way, 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 Chapters 10.93, 39.34, and 53.08 of the
Revised Code of Washington.
III. PURPOSE
The parties hereto desire to establish and maintain a multi-jurisdictional team to
effectively respond to high risk criminal occurrences as described below.
IV. FORMATION
There is hereby created a multi-jurisdictional team to be hereafter known as the "Valley
Special Response Team" ("SRT"), the members of which shall be the Port of Seattle,
and the cities of Auburn, Des Moines, Federal Way, Kent, Renton, and Tukwila. The
SRT has been in existence for some time, and this Agreement is being re-entered into
in order to admit the City of Des Moines as an SRT member. The future admission or
elimination of a jurisdiction as a member of the SRT may be accomplished by an
addendum to this agreement.
V. STATEMENT OF PROBLEM
King County and the municipalities within the Puget Sound area have experienced
increasingly violent criminal confrontations due to, among other reasons, increased
gang activity; increased drug abuse, distribution, and manufacturing; increased
urbanization; and increased population densities. The ability to safely control, contain,
and resolve high risk criminal incidents such as civil disobedience, barricaded subjects,
hostage situations, gang member arrests, high risk felony arrests, and narcotic or high
risk search warrants has strained the resources of the members'individual police
departments.
Law enforcement efforts directed at dealing with these high risk criminal incidents have,
for the most part, been conducted by law enforcement agencies working independently.
A multi-jurisdictional effort to handle specific high risk criminal incidents, as well as
VSRT 07-13-2007
INTERLOCAL AGREEMENT
Page 1
~.
incidents involving weapons of mass destruction, results 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. This results in improved
services for the citizens of all participating jurisdictions, increased safety for officers and
the community, and improved cost effectiveness.
VI. TEAM OBJECTIVES
The individual specialty units from each participating jurisdiction will be consolidated
and combined to form the SRT. The SRT shaU service each participating jurisdiction.
The SRT may also be available to outside law enforcement agencies as provided by
chapter 10.93 RCW.
The objective of the SRT is to respond to specific high risk criminal incidents in a
manner that provides for the effective use of personnel, equipment, funds, and training.
The SRT shall respond as requested by any of the participating jurisdictions and
provide a coordinated response to high-risk incidents. As special needs arise, it may be
necessary to request from other law enforcement agencies assistance and/or
personnel, at the discretion of the SRT Incident Commander and/or the SRT Tactical
Commander.
VII. DURATION AND TERMINATION
The minimum term of this Agreement shall be one (1) year, effective upon its adoption.
This Agreement shall automatically extend for consecutive 'one (1) year terms without
action of the legislative bodies of the participating jurisdictions, unless and until
terminated pursuant to the terms of this Agreement.
A jurisdiction may withdraw its participation in the SRT by providing written notice of its
withdrawal, and serving such notice upon each Execl,Jtive Board member of the
remaining jurisdictions. A notice of withdrawal shall become effective ninety (90) days '
after service of the notice on all participating members.
The SRT may be terminated by a majority vote of the Executive Board. Any vote for
termination shall occur only when the' police chief of each participating jurisdiction is
present at the meeting in which such vote is taken.
VIII. GOVERNANCE
The affairs of the team shall be governed by an Executive Board ("Board"), whose
members are composed of the police chief, or his/her designee, from each participating
jurisdiction. Each member of the Board 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 in which the decision is made. A majority
of Board members, or their designees, must be present at each meeting for any actions
taken to be valid. A presiding officer shall be elected by the Board together with such
other officers as a majority of the Board may decide.
VSRT 07-13-2007
INTERLOCAL AGREEMENT
Page 2
-,
The Board shall meet monthly, unless otherwise determined by the Board. The
presiding officer, or any Board member, may call extra meetings as deemed
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.
The policies, regulations, and operational procedures in effect pursuant to the previous
interlocal agreement shall be in effect without action of the Board and until such time as
they are subsequently altered by the Board. The SRT written policies, regulations, and
operational procedures shall apply to all SRT operations. Thus, to the extent that the
written policies, regulations, and operational procedures of the SRT conflict with the
policies, regulations, and operational procedures of the individual jurisdictions, the SRT
written policies, regulations, and procedures shall prevail.
IX. S1 AFF
A Tactical Commander, which shall be a command level officer, shall be appointed
annually by the Board to act as the principal liaison and facilitator between the Board
and the members of the SRT. The Tactical Commander shall operate under the
direction of the presiding officer of the Board. The Tactical Commander shall be
responsible for informing the Board on all matters relating to the function, expenditures,
accomplishments, training, number of calls that the SRT responds to, problems of the
SRT, and any other matter as requested by the Board. The Tactical Commander may
be removed by action of the Board at anytime and for any reason, with or without
cause.
The Tactical Commander shall prepare monthly written reports to the Board on the
actions, progress, and finances of the SRT. In addition, the Tactical Commander shall
be responsible for presenting rules, procedures, regulations, and revisions thereto for
Board approval. .
Each jurisdiction shall contribute six (6) full-time commissioned officers, which shall
include at least one (1) Sergeant or other first level supervisor, to be assigned to the
SRT. Board approval must be obtained for ,the jurisdiction to assign less than this
staffing requirement. The personnel assigned to the SRT shall be considered
employees of the contributing jurisdiction. The contributing jurisdiction shall be solely
and exclusively responsible for the compensation and benefits for the personnel it
contributes to the SRT. All rights, duties, and obligations of the employer and the
employee shall remain with the contributing jurisdiction. Each jurisdiction 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 Board may appoint the finance department of a participating jurisdiction to manage
. the finances of the SRT. Before appointing the finance department of a particular
jurisdiction to manage the finances of the SRT, the Board shall consult with the finance
department of the jurisdiction and obtain its approval. The duty of managing the
VSRT 07-13-2007
INTERLOCAL AGREEMENT
Page 3
,-
finances of the SRT shall be rotated to other participating jurisdictions at the discretion
of the Board. .
The Board may, at its discretion, appoint one (1) or more legal advisors to advise the
Board on legal issues affecting the SRT. The legal advisor(s) shall, when appropriate
or when requested by the Board, consult with the legal representatives of all
participating jurisdictions before rendering legal advice.
X. COMMAND AND CONTROL
During field activation of the SRT, an Incident Commander, SRT Tactical Commander,
and SRT Team Leader(s) will be designated. The duties and procedures to be utilized
by the Incident Commander, the SRT Tactical Commander, and the SRT Team
Leader(s) shall be set forth in the standard operating procedures' approved by the
Board. The standard operating procedures approved by the.board may designate other
personnel to be utilized during an incident.
XI. EQUIPMENT, TRAINING, AND BUDGET
Each participating jurisdiction shall acquire the equipment of its participating SRT
members. . Each participating jurisdiction shall provide sufficient funds to update,
replace, repair, and maintain the equipment and supplies utilized by its participating
SRT members. Each participating jurisdiction shall provide sufficient funds to provide
for training of its participating SRT members.
The equipment, supplies, and training provided by each jurisdiction to its personnel
participating in the SRT shall, unless otherwise determined by the Board, be equal to
those provided by the other participating jurisdictions.
Each member jurisdiction shall maintain an independent budget system to account for
funds allocated and expended by its participating SRT members.
The Board must approve any joint capital expenditure for SRT equipment.
XII. DISTRIBUTION OF ASSETS UPON TERMINATION
Termination shall be in accordance with those procedures set forth in prior sections.
Each participating jurisdiction shall retain sole ownership of equipment purchased and
provided to Its participating SRT members.
Any assets acquired with joint funds of the SRT shall be equally divided among the
participating jurisdictions at the asset's fair market value upon termination. The value of
the assets of the SRT shall be determined by using commonly accepted methods of
valuation. If two (2) or more participating jurisdictions desire an asset, the final decision
shall be made by arbitration (described below). Any property not claimed shall be
declared surplus by the Board and disposed of pursuant to state law for the disposition
of surplus property. The proceeds from the sale or disposition of any SRT property,
after payment of any and all costs of sale or debts of the agency, shall be equally
distributed to those jurisdictions participating in the SRT at the time of dissolution in
VSRT 07~13-2007
INTERLOCAL AGREEMENT Page 4
'.
.
proportion to the jurisdiction's percentage participation in the SRT as of the date of
dissolution. In the event that one (1) or more jurisdictions terminate their participation in
the SRT, but the SRT continues to exist, the jurisdiction terminating participation shall
be deemed to have waived any right or title to any property owned by the SRT or to
share in the proceeds at the time of dissolution.
Arbitration pursuant to this section shall occur as follows:
A. The jurisdictions interested in an asset shall select one (1) person
(Arbitrator) to determine which agency will receive the property. If the
jurisdictions cannot agree to an Arbitrator, the chiefs of the jurisdictions
participating in the SRT upon dissolution shall meet to determine who the
Arbitrator will be. The Arbitrator may be any person not employed by the
jurisdictions that desire the property.
B. During a meeting with the Arbitrator, each jurisdiction interested in the
property shall be permitted to make an oral and/or written presentation to
the Arbitrator in support of its position.
C. At the conclusion of the presentation, the Arbitrator shall determine which
jurisdiction is to receive the property. The decision of the Arbitrator shall
be final and shall not be the subject of appeal or review.
XIII. LIABILITY, HOLD HARMLESS, AND INDEMNIFICATION
It is the intent of the participating jurisdictions to provide services of the SRT without the
threat of being subject to liability to one another and to fully cooperate in the defense of
any claims or lawsuits arising out of or connected with SRT actions that are brought
against the jurisdictions. To this end, the participating jurisdictions agree to equally
share responsibility and liability for the acts or omissions of their participating personnel
when acting in furtherance of this Agreement. In the event that an action is brought
against any of the participating jurisdictions, each jurisdiction shall be responsible for an
equal share of any award for or settlement of claims of damages, fines, fees, or costs,
regardless of which jurisdiction or employee the action is taken against or which
jurisdiction or employee is ultimately responsible for the conduct. The jurisdictions shall
share equally regardless of the number of jurisdictions named in the lawsuit or claim or
the number of officers from each jurisdiction named in the lawsuit or claim. This section
shall be subject to the conditions and limitations set forth in subsections A through G
below.
A. Jurisdiction Not Involved In SRT Response. In the event that a jurisdiction
or its personnel were not involved in the SRT response to the incident that
. gives rise to a claim or lawsuit, and judgment on the claim or lawsuit does
not; in any manner, implicate the acts of a particular jurisdiction or its
personnel, such jurisdiction shall not be required to share responsibility for
the payment of the judgment or award.
B. Intentionally WronQful Conduct Beyond the Scope of Employment.
Nothing herein shall require, or be interpreted to require indemnification or
VSRT 07-13-2007
INTERLOCAL AGREEMENT
Page 5
sharing in the payment of any judgment against any SRT personnel for
intentionally wrongful conduct that is outside of the scope of employment
of any individual or for any judgment of punitive damages against any
individual or jurisdiction. Payment of any award for punitive damages
shall be the sole responsibility of the person or jurisdiction that employs
the person against whom such award is rendered.
c. Collective Representation and Defense. The jurisdictions may retain joint
legal counsel to collectively represent and defend the jurisdictions in any
legal action. Those jurisdictions retaining joint counsel shall share equally
the costs of such representation or defense.
In the event a jurisdiction does not agree to joint representation, the
jurisdiction shall be solely responsible for all attorneys fees accrued by its
individual representation or defense.
The jurisdictions and their respective defense counsel shall make a good
faith attempt to cooperate with other participating jurisdictions by,
including but not limited to, providing all documentation requested, and
making SRT members available for depositions, discovery, settlement
conferences, strategy meetings, and trial.
D. Removal From Lawsuit. In the event a jurisdiction or employee is
successful in withdrawing or removing the jurisdiction or employee from a
lawsuit by summary judgment, qualified immunity, or otherwise, the
jurisdiction shall nonetheless be required to pay its equal share of any
award for or settlement of the lawsuit; PROVIDED, however, that in the
event a jurisdiction or employee is removed from the lawsuit and
subsection (A) of this section is satisfied, the jurisdiction shall not be
required to pay any share of the award or settlement.
E. Settlement Process. It is the intent of this Agreement that the jurisdictions
act in good faith on behalf of each other in conducting settlement
negotiations on liability claims or lawsuits so that, whenever possible, all
parties agree with the settlement or, in the alternative, agree to proceed to
trial. In the event a claim or lawsuit requires the sharing of liability, no
individual jurisdiction shall be authorized to enter into a settlement
agreement with a claimant or plaintiff unless all jurisdictions agree with the
terms of the settlement. Any settlement made by an individual jurisdiction
without the agreement of the remaining jurisdictions, when required, shall
not relieve the settling Jurisdiction from paying an equal sh,are of any final
settlement or award.
F. Defense Waiver. This section shall not be interpreted to waive any
defense arising out of RCW Title 51.
G. Insurance. The failure of any insurance carrier or self-insured pooling
organization to agree to or follow the terms of this section shaH not relieve
any 'individual jurisdiction from its obligations under this Agreement.
VSRT 07-13-2007
INTERLOCAL AGREEMENT
Page 6
.
..'
-.;
XIV. 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 their conduct in support of SRT operations, the
jurisdiction shall promptly notify the other jurisdictions that the claim or lawsuit has been
initiated. Any documentation, including the claim or legal complaints, shall promptly be
provided to each participating jurisdiction.
Any jurisdiction or member who believes or knows that another jurisdiction would be
liable for a claim, settlement, or judgment that arises from.a SRT action or operation,
shall have the burden of notifying each participating jurisdiction of all claims, lawsuits,
settlements, or demands made to that jurisdiction. In the event a participating
jurisdiction has a right, pursuant to section XIII of this Agreement, to be defended and
held harmless by another participating jurisdiction, the jurisdiction having the right to be
defended and he"ld harmless shall promptly tender the defense of such claim or lawsuit
to the jurisdiction that must defend and hold the other harmless.
XV. 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
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 this Agreement, 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.
VSRT 07-13-2007
INTERLOCAL AGREEMENT Page 7
~
The lead jurisdiction shall be responsible for working with the
Tactical ComlTlander 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 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
of all jurisdictions participating in the SRT and each and every
officer, agent, or volunteer of those participating jurisdictions.
In the event 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 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.
VSRT 07-13-2007
INTERLOCAL AGREEMENT Page 8
'"
..
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 Board and persons listed in Section XVII of this Agreement
shall be notified of the meeting.
XVI. PROCESSING OF LAWSUITS.
A. Notification to Other Jurisdictions.
In the event 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 this Agreement.
B. Coordination of Initial Meeting. ,
The jurisdiction that initially receives a I~wsuit 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 Board and persons listed in Section XVII of this
Agreement shall be notified of the meeting.
XVII. NOTIFICATION OF CLAIMS AND LAWSUITS.
Section XIV 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.
For the purposes of implementing Section XIV of this Agreement, the following
persons from each jurisdiction shall receive any required notification or
documentation:
Auburn:
Kent:
Auburn City Attorney
25 West Main Street
Auburn, WA 98001
(253) 931-3030
Kent City Attorney
220 4th Avenue South
Kent, W A 98032
(253) 856-5781
VSRT 07-13-2007
INTERLoCAL AGREEMENT
Page 9
Auburn Police Chief Kent Risk Manager
101 N. Division 220 4th Avenue South
Auburn, WA 98001 . Kent, W A 98032
. (253) 931-3080 (253) 856-5285
Auburn Human Resources Kent City Clerk
Director/Risk Manager 220 4th Avenue South
25 West Main Street Kent, W A 98032
Auburn, WA 98001 (253) 856-5728
(253) 931-3040
Auburn City Clerk Kent Police Chief
25 West Main Street 220 4th Avenue South
Auburn, WA 98001 Kent, W A 98032
(253) 931-3039 (253) 856-5888
Des Moines; Federal Way;
Des Moines City Clerk Federal Way City Clerk
21630 11th Avenue South, Suite A P.O. Box 9718
Des Moines, WA 98198 Federal Way, WA 98063
Des Moines City'Attorney Federal Way City Attorney
21630 11th Avenue South, Suite C P.O. Box 9718
Des Moines, WA 98198 Federal Way, WA 98063
Des Moines Risk Manager Renton:
21630 11th Avenue South, Suite -
Des Moines, WA 98198 Renton Risk Manager
1055 So. Grady Way
Renton, W A 98055
Port of Seattle; ClAW;
Port of Seattle Claims Manager Director of Claims
P.O. Box 1209 Canfield & Associates, Inc.
Seattle, WA 98111 451 Diamond Drive
Ephrata, W A 98823
Tukwila: WCIA;
City Clerk Claims Manager
City of Tukwila WCIA
6200 Southcenter Blvd. P.O. Box 1165
Tukwila,WA 98043 Renton, WA 98057
.
VSRT 07-13-2007
INTERLOCAL AGREEMENT
Page 10
..
....
XVIII. COMPLIANCE WITH THE LAW
The SRT and all its members shall comply with all federal, state, and local laws that
apply to the SRT.
XIX. ALTERATIONS
This Agreement may be modified, amended, or altered by agreement of all participating
jurisdictions and such alteration, amendment, or modification shall be effective when
reduced to writing and executed in a manner consistent with paragraph XXIII of this
Agreement.
xx. RECORDS
Each jurisdiction shall maintain training records related to the SRT for a minimum of
seven (7) 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 jurisdiction.
XXI. FILING
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.
XXII. 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.
XXIII. MUNICIPAL 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. This
Agreement may be executed by counterparts and be valid as if each authorized
representative had signed the original document.
VSRT 07-13-2007
INTERLOCAL AGREEMENT
Page 11
By signing below, the signor certifies that he or she has the authority to sign this
Agreement on behalf of the jurisdiction, and th . isdi . n agrees to e terms
I':
APR - 6 2007
Date
Date
..()7
Date
Mayor, City of Des Moines
Date City Attorney, City of Des Moines
Date
City Clerk, City of Des Moines 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
City Clerk, City of Kent
Date
City Manager, City of Federal Way
Date City Attorney, ,City of Federal Way
Date
City Clerk, City of Federal Way . Date
Executive Director, Port of Seattle
Date Port Counsel, Port of Seattle
Date
VSRT 03-20-2007
INTERLOCAL AGREEMENT
.' ,
'-,1 .
-.. "
By signing below, fhe' ~ignor certifies that he or she ha~ ~~ :~ority to sign ibis
ArJ ent on behalf of the jurisdiction, and the Ju 'sdiction agrees to the tems
men
APR - 6 Z007
Date City 0
tf.-t,.g 1
Date
p~ .
City Attorney, CIty of Des Moines
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Mayor; C; of Rt?nt~h ;~" ::.": . . Date
'd~'J. /IJ~' $$/-1J7
City Clerk: City of Renton' Date
Mayor, City of Tukwila ~ Date City Attom~y, City of Tukwila
City Clerk, City of Tukwila Date
Mayor, City of Kent Date City Attorney, City of Kent
City Clerk, City of Kent Date
City Manager, CIty of Federal Way , Date City Attorney, City of Federal Way
City Cle~, City of Federal Way , Date
Executive Director, Port of Seattle . Date Port,Counsel, Port of S~ttte
Da~e
Date
Date
Date
.- b€$ t..\O\f\.\€S
vSRt 03-20-2007
INtERlOCAl AGREEMENT
,,'
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By signing below, the signor certifies that he or she has the authority to sign this
Agre ent' on behalf of the jurisdiction, and the ju 'sdiction agrees to the terms
. men
APR - 8 Z007
Date City
Mayor, City of Des Moines
Date City Attorney, City of Des Moines
Date
city G1erk, City of Des Moines
~,~
Mayor, '-ly of Renton
~'..i tdatt;r.
City Clerk, 'City of Renton
. Date
cL~~~1-
City Attorney, City of Renton Date
5-?I-07
Date
S-9/..tl?
Date
Mayor, City of Tukwila ' Date City Attorney, City of Tukwila
City Clerk, City of Tukwila Date
Mayor, City of Kent Date City Attorney, City of Kent
City Clerk, City of Kent Date
City Manager, City of Federal Way Date City Attorney, City of Federal Way
City Cle~ City of Federal Way Date
Executive Director, Port of Seattle Date Port Counsel, Port of Seattle'
Date
Date
Date
Date
VSRT 03-20-2007
INTERLOCAL AGREEMENT
, ,
-... .-......
By signing below, the signor certifies that he or she has 'the authority to sign this
Agre ent on behalf of the jurisdiction, and the jur"sdiction agrees to the terms
" r men' '
APR - 6 Z007
Date City
Mayor, City of Des Moines' Date City Attorney, City of Des Moines Date
City Clerk, City of Des Moines Date
Mayor, City of Renton Date City Attorney, City of Renton ' 'Date
Date
...f'5> ~~ ~~~~
r City Attorney, City of TukwHa Date
: D te
Mayor, City of Kent Date City Attorney, City of Kent
City Clerk, City of K!9nt Dat~
City Manager, City of Federai Way Date City Attorney, City of Federa1 Way
, City Clerk, City of Federal Way Date
Executive Director, Po.rt of Seattle Date Port Counsel, Port of Seattle
Date
Date
, Date
" .
----------------:-------------_.._~- _.__._----_._._------~------
VSRT 03-20-2007
INTERlOCAl AGREEMENT
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 agrees to the terms
of this Agreement.
Mayor, City of Auburn
Date -City Attorney, City of Auburn
Data
City Clerk, City of Auburn
Date
Mayor, City of Des Moines '
Date City Attorney, City of Des Moines
Date
City Clerk, City of Des Moines 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
c~
/-,;J. t/-o?'
Date
City Manager, City of Federal Way
Date City Attorney, City of Federal Way
Date
City Clerk, City of Federal Way Date
Chief Executive Officer, Port of Seattle Date Port Counsel, Port of Seattle
Date
VSRT 07-13-2007
INTERLOCAL AGREEMENT
Page 12
~y signing bel,ow, the signor certifies that he or she has the authority to sign this
Agre:ement OIJ behalf of th,e Jurisdi~on, and t~e jurisdiction agrees to the ,terms
of this Agreement . '
Date
Date
Date
Date
Date
City Clerk, City of Kent Date .
'~ ~ t; o. :fa4Y U; ~.k,~, r/i/iP
C~ity Man'a~er . of Federal waY~ Date City Attorney, City of F~eral Way , Date
.. ifI;;:J i..Jb.i ~ / (ff! '
CI Cle~, ~Vol Feiert?(jlay , ~ate'
. "
.' C,hief Exe9~~ive Qffiger. Port of $~attl~ Date Port Counsel,' Port of ~eattle ' . Date
VSRT q7~13-2007 .
INTI;RLOCAL AGREi;MENT
Page 12
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 agrees to the terms
of this Agreement. .
Mayor, City of Auburn
Date City Attorney, City of Auburn
Date
City Clerk, City of Auburn
Date
Mayor, City of Des Moines
Date City Attorney, City of Des Moines
Date
City Clerk, City of Des Moines 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
City Clerk, City of Kent
Date
City Manager, City of Federal Way
Date City Attorney, City of Federal Way
'Date
City Clerk, City of Federal Way
.~ --z:..~-
VSRT 07-13-2007
INTERLOCAL AGREEMENT
Page 12