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AG 10-034DATE 1N: I DATE OUT: I TO: CITY OF FEDERAL WAY LAW DEPARTMENT REQUEST FOR CONTRACT PREPARATION/DOCUMENT REV�W/SIGNATURE ROUTING SLIP 1. ORIGINATING DEPT./DIV: FEDERAL WAY POLICE DEPARTMENT , 2. ORIGINATING STAFF PERSON LYNETTEALLEN EXT 6701 3. DATE REQ. BY:12-21-09 4. • TYPE OF DOCiJMENT REQUESTED (CHECK ONE) X PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE/LABORAGREEMENT ❑ PUBLIC WORKS CONTRACT ❑ SMALL PUBLIC WORKS CONTRACT �.sss TxArr $ZOO,000� ❑ PURCHASE AGREEMENT� (MA'IBRIALS, SUPPLIES, BQLTIPMSNI� ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (a.G. aoxa�rrT � PBRF/MAIN BOND; ASSIGNMENT OF FUNDS IN LISU OF BOND) ❑ CONTRACTOR SELECTION DOCUMENT (aa,xFS ❑ CONTRACT AMENDMENT AG#: ❑ CDBG ❑ OTHER 5. PROJECT NAME• Interlocal Cooperative Agreement between the Cities of Auburn. Federal Wav Ken� Renton, � Tukwila and The Port of Seattle, for the Creation of the Vallev Civil Disturbance Unit 6. NAME OF CONTRACTOR: IivTEiu.ocai,AGxE�Errr -aBOVE ADDRESS: SIGNATURE Nt�ME: TELEPHONE 7. ATTACH ALL EXHIBITS AND CHECK BOXES ❑ scoPE oF sEltvtcES ❑ ALL EXHIBITS REFERENCED IN DOCUMENT ❑ INSURANCE CERTIFICATE ❑ DOCUMENT AUTHORIZING SIGNATURE 8. TERM: COMNIENCEMENT DATE ALREADY OPPORATING COMPLETION DATE: COMPLETION DATE: 1 YEAR FROM COMMENCEMENT WITH AUTOMATIC 1 YEAR EXTENSIONS 9. TOTAL COMPENSATION OFFICER SUPPORT �INCLUDE EXPENSES AND SALES T.4X, IF ANY� (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MA7�MUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY 1 O. CONTRACT REVIEW ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT ❑ LAW 11. CONTRACT SIGNATURE ROUTING ❑ LAW DEPARTMENT � CITYMANAGER !a'CITY CLERK . r,0' SIGN COPY BACK TO ORG1N ING DEPT l�'ASSIGNED AG# • O ❑ PURCHASING: PLEASE CHARGE TO: COl��IENTS I1�TITIAL/DATE APPROVED � �7. � ��f��9 _�� 1O � 1 � 0�1 S.�-� hs`'`� II�TITIAL/DATE APPROVED � ��0 , G�� � a�/� 2 •2 2•23• ID . II�IITIAL/DATE APPROVED I1�lITIAL/DATE APPROVED " �1n:✓� �t �oOI� �r�e. � � . ` 4�'c irt�� �-ee.r� o�'� e-Irv`� lS tti: Comrv�3 b � ��s �,�, �� �- -�,p� w � �t- ��o �b ,�-�— i oio� oa � iltt /��/ l3-�' 6�`�""'� �k'�Cre`�r"'`''`�'• c��� F�- s� W4t. �(luQ U'�/10� 61R � � � � ,. _ : •u .. „np� l. �. ..., . �t 4!1.D COUNCIL MEETING DATE: February 16, 2010 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #:�� � SUSJECT: Interlocal Cooperative Agreement between Auburn, Federal Way, Kent, Re�nton, Tukwila and The PorE of Seattle, for the Creation of the Valley Civil Disturbance Unit (VCDU) POLICY QUESITON Should the City of Federal Way / Federal Way Police Department enter into an Agreement with Auburn, Kent, Renton, Tukwila and The Port of Seattle for the Creation of the Valley Civil Disturbance Unit (VCDin? COMIVIITTEE Parks, Recreation, anc� Public Safery Council Corrrmittee CATEGORY: � Consent ❑ Ordinance ❑ City Council Business ❑ Resolution STAFF REPORT BY: CHRIS NORMAN, CONIMANDER Attachments: 1. PRHS&PS Memo 2. Interlocal Cooperarive Agreement for VCDU Options Considered: 1. Accept the Interlocal Cooperative Agreement for VCDU 2. Reject Agreement STAFF RECONIlVIENDATION Staffrecornmends Option 1. MEETING DATE Feb. 9, 2010 ❑ Public Hearing ❑ Other DEPT Police Deparhnent CITY MANAGER APPROVAL: ��.�� D.1�/�� ° ��� , �� a DIltECTOR APPROVAL: Commd ee Council COMMITTEE RECOMMENDATION: PRPS recommends Option � � ` ___�;� S�s�`�'�— Committee Chair omrriittee Member Committee Committee Member a�i� PROPOSED COITNCIL MOTION "I move approval of the Interlocal Cooperative Agreement between Auburn, Federal Way, Kent, Renton, Tukwila and The Port of Seattle, for the Creation of the Valley Civil Disturbance Unit (VCDU) and authorize I�rn City Manager / Police Chief Brian Wilson to sign such Agreement" � (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) � UNCIL ACTION: APPRO VED COUNCIL BILL # ❑ pENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: February 9, 2010 TO: Parks, Recreation Human Services and Public Safety Council Committee VIA: Brian J. Wilson, Interim City Manager / Police Chief FROM: Andy J. Hwang, Assistant Police Chief SUBJECT: Interlocal Cooperative Agreement between Auburn, Federal Way, Kent, Renton, Tukwila and The Port of Seattle, for the Creation of the Va11ey Civil Disturbance Unit (VCDU) Backgrou.nd The Va11ey Civil Disturbance Unit (VCDL� was established to create and maintain a multi- jurisdictional team to effectively control crowds of unruly patrons and enforce the law during times when our communities face large-scale civil disturbances. In these situations mass arrests situations may occur. Multi jurisdictional efforts to handle large scale acts of disobedience, demonstrations, riots, etc, will result in more effective pooling of personnel, improved use of municipal funds and equipment, and better utilization of specialized expertise and training. The VCDU Team greatly improves the safety of our citizens, as well as, our officers. INTERLOCAL COOPERATIVE AGREEMENT BETWEEN THE CITIES OF AUBURN, FEDERAL WAY, KENT, RENTON, TUKWILA, AND THE PORT OF SEATTLE, FOR CREATION OF THE VALLEY Civil Disturbance Unit I. PARTIES The parties to this Agreement are the Port of Seattle and the cities of Auburn, 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 (��RCW"). III. PURPOSE The parties hereto desire to establish and maintain a multi-jurisdictional Valley Civil Disturbance Unit (Valley CDU). IV. FORMATION There is hereby created a multi-jurisdictional team to be hereafter known as the ��Valley Civil Disturbance Unit" (��VCDU"), the members of which shall be the Port of Seattle, and the cities of Auburn; Federal Way, Kent, Renton, Tukwila. The future admission or elimination of a jurisdiction as a member of the VCDU may be accomplished by an addendum to this Agreement. V. STATEMENT OF PROBLEM King County and municipalities within the Puget Sound area have experienced periodic large-scale civil disturbances. These disturbances manifest themselves in the form of civil disobedience, unlawful passive and active demonstrations, as well as riots. Mass arrest situations are likely to result from the aforementioned disturbances. Participants in this unlawful activity, or the tactics they employ will usually out-stretch the resources of any one single agency to effectively and efficiently handle the situation. Law enforcement efforts directed at dealing with these types of civil disturbances have, for the most part, been conducted by law enforcement agencies working independently. A multi-jurisdictional effort to handle acts of civil disobedience, passive and active demonstrations, as well as riots will result 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 civil disturbance unit. The results will be improved services for all the participating agencies, increased safety for officers and the community, and improved cost effectiveness. VALLEY CIVIL DISTURBANCE UNIT INTERLOCAL AGREEMENT - 2009 VI. TEAM OBJECTIVES The individual CDU teams from each participating municipality will consolidate into one combined Civil Disturbance Unit, known as "the VCDU", servicing each participating jurisdiction. The VCDU shall also be available to outside law enforcement agencies as provided by chapter 10.93 RCW. The objective of the VCDU shall be to provide enhanced use of personnel, equipment, budgeted funds, and training. The VCDU shall respond as requested by any of the participating jurisdiction and provide a coordinated effective resolution to civil disturbance incidents VII. DURATION AND TERMINATION The minimum term of this Agreement shall be one (1) year, effective upon the last signed below. 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 VCDU 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 VCDU may be terminated by a majority vote of the Executive Board. Any vote � for termination shall occur only when the police chief, or the designee, 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. Unless otherwise specified in this Agreement, 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. The Board shall meet quarterly or within a month following a VCDU deployment or major training exercise, or as 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. VALLEY CIVIL DISTURBANCE UNIT 2 INTERLOCAL AGREEMENT - 2009 The Board shall develop VCDU written policies, regulations, and operational procedures within ninety (90) calendar days of the execution of this Agreement; PROVIDED, any policies, regulations, and operational procedures in effect pursuant to previous joint civil disturbance prevention operations shall remain in effect without action of the Board and until such time as they are subsequently altered by the Board. The VCDU written policies, regulations, and operational procedures shall apply to all VCDU operations. To the extent that the written policies, regulations, and operational procedures of the VCDU conflict with the policies, regulations, and operational procedures of the individual jurisdictions, the VCDU 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 VCDU. 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 events that the VCDU responds to, problems of the VCDU, 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 quarterly written reports to the Board on the actions, progress, and finances (if applicable) of the VCDU. In addition, the Tactical Commander shall be responsible for presenting rules, procedures, regulations, and revisions thereto for Board approval. Each jurisdiction shall contribute a minimum (16) full-time commissioned officers, which shall include at least two (2) Sergeants or other first level supervisor, to be assigned as squad leaders on the VCDU. The personnel assigned to the VCDU 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 VCDU. 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, at its discretion, appoint one (1) or more legal advisors to advise the Board on legal issues affecting the VCDU. 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 VCDU, an Incident Commander, VCDU Tactical Commander, and VCDU Team Leader(s) will be designated. The duties and procedures to be utilized by the Incident Commander, the VCDU Tactical Commander, and the VCDU Team Leader(s) shall be set forth in the standard VALLEY CIVIL DISTURBANCE UNIT 3 INTERLOCAL AGREEMENT - 2009 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 VCDU members. Each participating jurisdiction shall provide sufficient funds to update, replace, repair, and maintain the equipment and supplies utilized by its participating VCDU members. Each participating jurisdiction shall provide sufficient funds to provide for training of its participating VCDU members. The equipment supplies, and training provided by each jurisdiction to its personnel participating in the VCDU 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 VCDU members. The Board must approve any joint capital expenditure for VCDU 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 VCDU members. Any assets acquired with joint funds of the VCDU shall be equally divided among the participating jurisdictions at the asset's fair market value upon termination. The value of the assets of the VCDU 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 VCDU 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 VCDU at the time of dissolution in proportion to the jurisdiction's percentage participation in the VCDU as of the date of dissolution. In the event that one (1) or more jurisdictions terminate their participation in the VCDU, but the VCDU continues to exist, the jurisdiction terminating participation shall be deemed to have waived any right or title to any property owned by the VCDU 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 jurisdiction will receive the property. If the jurisdictions cannot agree to an Arbitrator, the chiefs of the jurisdictions participating in the VCDU upon dissolution shall meet to VALLEY CIVIL DISTURBANCE UNIT 4 INTERLOCAL AGREEMENT - 2009 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 VCDU 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 VCDU 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. �urisdiction Not Involved In VCDU Response. In the event that a jurisdiction or its personnel were not involved in the VCDU 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 the particular jurisdiction or its personnel, such jurisdiction shall not be required to share responsibility for the payment of the judgment or � award. B. Intentionally Wronaful Conduct Beyond the Sco�e of Emnlovment. Nothing herein shall require, or be interpreted to require indemnification or sharing in the payment of any judgment against any VCDU 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 Reqresentation and Defense. The jurisdictions may retain joint legal counsel to collectively represent and defend the jurisdictions VALLEY CIVIL DISTURBANCE UNIT 5 INTERLOCAL AGREEMENT - 2009 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 VCDU 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 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 terms of this section shall not relieve any individual jurisdiction from its obligations under this Agreement. 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 VCDU operations, the jurisdiction shall promptly notify the other jurisdictions that the VALLEY CIVIL DISTURBANCE UNIT 6 INTERLOCAL AGREEMENT - 2009 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 VCDU 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 VCDU activities. The lead jurisdiction shall be the jurisdiction within which the VCDU response occurred; PROVIDED, that in the event the jurisdiction within which the VCDU response occurred did not participate in the VCDU response, the lead jurisdiction shall be the jurisdiction within which the incident that required the VCDU response originated. In the event that a jurisdiction that was not involved in the VCDU 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 VCDU Tactical Commander shall assist the lead jurisdiction in responding to a claim. The VCDU Tactical Commander shall be responsible for gathering all records relating to the VCDU 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 VCDU 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. VALLEY CIVIL DISTURBANCE UNIT 7 INTERLOCAL AGREEMENT - Z009 C. Claims of $5,000 or Less. Lead Jurisdiction Responsibilities. The lead jurisdiction shall be responsible for working with the Tactical Commander to gather records relating to the VCDU 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 shoutd 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 - A�portionment of Damages. The lead jurisdiction, with the assistance of its insurance provider and risk manager, shall determine whether the VCDU 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 VCDU. 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 VCDU 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 VCDU and each and every officer, agent, or volunteer of those participating jurisdictions. In the event the lead jurisdiction determines that the VCDU 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 VCDU, 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 Adiusters jurisdiction, in conjunction with determines that payment of a insurance provider shall provide In the event a lead its insurance provider, claim is appropriate, the each of the participating VALLEY CIVIL DISTURBANCE UNIT 8 INTERLOCAL AGREEMENT - 2009 jurisdictions with a letter stating the determination and the bases for such determination. � Claims over $5,000. i. Lead Jurisdiction Responsibilities. The lead jurisdiction shall schedule a meeting with all jurisdictions participating in the VCDU 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 VCDU 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 persons from each documentation : implementing Section XIV of this Agreement, the followin9 jurisdiction shall receive any required notification or VALLEY CIVIL DISTURBANCE UNIT 9 INTERLOCAL AGREEMENT - 2009 Auburn Kent Auburn City Attorney Kent City Attorney 25 West Main Street 220 4 Avenue South Auburn, WA 98001 Kent, WA 98032 (253) 931-3030 (253) 856-5781 Auburn Police Chief Kent Risk Manager 101 N. Division 220 4 Avenue South Auburn, WA 98001 Kent, WA 98032 (253) 931-3080 (253) 856-5285 Auburn Human Resources Kent City Clerk Director/Risk Manager 220 4 Avenue South 25 West Main Street Kent, WA 98032 Auburn, WA 98001 (253) 856-5728 (253) 931-3040 Auburn City Clerk Kent Police Chief 25 West Main Street 220 4 Avenue South Auburn, WA 98001 Kent, WA 98032 (253) 931-3039 (253) 856-5888 Port of Seattle: Federal Wav: Port of Seattle Claims Manager Federal Way City Clerk P.O. Box 1209 P.O. Box 9718 Seattle, WA 98111 Federal Way, WA 98063 Tukwila Federal Way City Attorney P.O. Box 9718 City Clerk Federal Way, WA 98063 City of Tukwila 6200 Southcenter Blvd. Tukwila WA 98043 WCIA: ,R��.� Claims Manager Renton Risk Manager WCIA 1055 So. Grady Way P.O. Box 1165 Renton, WA 98057 Renton, WA 98057 XVIII. COMPLIANCE WITH THE LAW The VCDU and all its members shall comply with all federal, state, and local laws that apply to the VCDU. VALLEY CIVIL DISTURBANCE UNIT 10 INTERLOCAL AGREEMENT - 2009 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 VCDU for a minimum of seven (7) years. 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 county auditor or, alternatively, listed by subject on the website of participating jurisdictions. 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. 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 VALLEY CIVIL DISTURBANCE UNIT INTERLOCAL AGREEMENT - 2009 Date 11 Mayor, City of Renton Date City Attorney, City of Renton Date City Clerk, City of Renton Mayor, City of Tukwila City Clerk, City of Tukwila Mayor, City of Kent City Clerk, City of Kent Date Date City Attorney, City of Tukwila Date Date City Attorney, City of Kent Date Date Date J � 2 g�a r,�., J. �/ a aa �v a��k�X r� J �I►� /v City Manage ' of Federal Way Date ,City At ney, City of Federal Way Date � �u C/„�. City Clerk, City of Federa ay Date Executive Director, Port of Seattle Date Port Counsel, Port of Seattle VCDU-Interlocal v4 12-03-09 FINAL.doc Date VALLEY CIVIL DISTURBANCE UNIT 12 INTERLOCAL AGREEMENT �- 2009