Loading...
AG 10-155 RESOLUTION NO. 2006 A RESOLUTION of the City Council of the City of Kent, Washington, approving and adopting Addendum 1 to the Interlocal Cooperative Agreement Between Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle for the Creation of the Valley Special Weapons and Tactics Team, admitting the City of Des Moines as a member of the Valley Special Weapons and Tactics Team. RECITALS A. In or around 2010, the municipalities of Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle executed the Interlocal Cooperative Agreement Between Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle for the Creation of the Valley Special Weapons and Tactics Team (ILA) for the purpose of establishing and maintaining a multi-jurisdictional SWAT Team to respond to high risk criminal occurrences. B. Pursuant to Section IV of the ILA, the future admission of a jurisdiction as a member of the Valley SWAT Team may be accomplished by an addendum to the ILA. C. The city of Des Moines petitioned the Valley SWAT Team Executive Board, made up of the chiefs of each participating jurisdiction, 1 Resolution to Admit Des Moines as Member of Valley SWAT Team for membership and received unanimous approval of the Executive Board subject to approval of the legislative body of each participating jurisdiction. D. Addendum 1 to the ILA, which is attached and hereby incorporated into this resolution as Exhibit "A", admits the city of Des Moines as a member jurisdiction of the Valley SWAT Team. Upon approval of this resolution by Kent and the other participating jurisdictions, and the signature of Addendum 1 by those authorized to sign, the City of Des Moines will be admitted as a member of the Valley SWAT Team subject to the terms of the existing ILA. E. The City Council finds that approving and adopting this resolution and admitting the City of Des Moines as a member of the Valley SWAT Team is in the best public interest. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: I I5()L-_UTO ilk' SECTION I. fr�. t _ Ir►r r ra�aaraRr The foregoing recitals are incorporated into the body of this resolution and constitute the findings of the Kent City Council on this matter. C - i fat rJ of ton .,of ArFde nda,rai_....L-to dPle r CyoFf es Aloioes as a,Me,�,�Ib r, of tart-. 41"—rgarn. Addendum 1 to the Interlocal Cooperative Agreement Between Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle for the Creation of the Valley Special Weapons and Tactics Team, attached as Exhibit "A", is hereby approved and adopted. The Mayor is hereby authorized and directed to execute Addendum 1, substantially in the form attached hereto. 2 Resolution to Admit Des Moines as Member of Valley SWAT Team SECTION 3. — , evdra li . If any one or more section, subsection, or sentence of this resolution is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this resolution and the same shall remain in full force and effect. SECLWN 4. - r c t ns bvr! Upon approval of the city attorney, the city clerk is authorized to make necessary corrections to this resolution, including the correction of clerical errors; resolution, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTIONS. — Effective Date. This resolution shall take effect and be in force immediately upon its passage. January 1. DANA RALPH, MAYOR Date Approved ATTEST: — . January 1. ea . OIO, CITCLEFKIMBERLEY A. Y Date Adopted APPROVE?,,,��I" F0 7 Af'I"-fI�IR W ' lµITZPATI IO CITY ATTORNEY 3 Resolution to Admit Des Moines as Member of Valley SWAT Team ADDENDUM 1: TO THE INTERLOCAL COOPERATIVE AGREEMENT BETWEEN AUBURN, FEDERAL WAY,KENT,RENTON,TUKWILA,AND THE PORT OF SEATTLE,FOR THE CREATION OF THE VALLEY SPECIAL WEAPONS AND TACTICS TEAM WHEREAS, the document dated August 19, 2010 entitled "Interlocal Cooperative Agreement (ILA)between Auburn,Federal Way, Kent, Renton,Tukwila, and the Port of Seattle, for creation of the Valley Special Weapons and Tactics (SWAT) Team" was executed by the participating jurisdictions for the purpose of establishing and maintaining a multi-jurisdictional SWAT Team to respond to high risk criminal occurrences,and WHEREAS, pursuant to Section IV of the Agreement, the future admission of a jurisdiction as a member of the SWAT Team may be accomplished by an addendum to the agreement, and WHEREAS, the City of Des Moines has petitioned the Executive Board for membership and has received unanimous approval subject to approval of this Addendum; NOW, THEREFORE, in consideration of the foregoing, THE PARTIES HERETO AGREE as follows: Pursuant to the approval and execution of this Addendum,the City of Des Moines will be admitted as a member of the Valley SWAT Team subject to the terms of the existing Valley SWAT Team Interlocal Agreement. Except as modified hereby,all other terms and conditions of the Valley SWAT Team Interlocal Agreement remain inefull force and effect. This Addendum shall be executed on behalf of the City of Des Moines and each participating jurisdiction by its authorized representative pursuant to an appropriate resolution or ordinance of the governing body of the City of Des Moines and each participating jurisdiction. This Addendum shall be deemed effective upon the last date of execution by the last authorized representative. This Addendum may be executed by counterparts and be valid as if each representative had signed the original document. By signing below,the signor certifies that he or she has the authority to sign this Addendum on behalf of the jurisdiction,and the jurisdiction agrees to the terms of this Addendum. ..._ . .. ..... ................ ...._ ,. ._ ...._ q Valley Special Weapons and Tactics Team Interlocal Agreement Addendum 1 Mayor, City of Auburn Date City Attorney, City of Auburnmmry Date .._...----- City Clerk, City of Auburn Date Mayor, City of Renton Date City Attorney, City of Renton Date City Clerk, City of Renton Date Mayor,City of Tukwila Date City Attorney,City of Tukwila Date City Clerk, City of Tukwila Date 5/11/2020 m. : _-- a. a .. ._� �,. .._.,.. o"�1��^y ��..�.... �...r. .�. �, City of Kent Date (.°il Attorney, City of Kent Date City Clerk, City of Kent Date Mayor, Cit. of Federal Way � ...... y y y DateCity Attorney,Federal Way Date Cit....,.. y Clerk, City of Federal Way Date ,._.. .,.... �.... ..... . .... '�.._. .... ......_.�.. _ City Manager, Cit of Des Moines Date City Attorney, City of Des Moines Date w.... ...-. K City Clerk, City of Des Moines Date �.—. �...... _ ........... �. ...- .. �. ..2 Valle Special Valley Sp ial Weapons and Tactics Team Interlocal Agreement Addendum 1 ADDENDUM 1: TO THE INTERLOCAL COOPERATIVE AGREEMENT BETWEEN AUBURN, FEDERAL WAY, KENT, RENTON,TUKWILA,AND THE PORT OF SEATTLE,FOR THE CREATION OF THE VALLEY SPECIAL WEAPONS AND TACTICS TEAM WHEREAS, the document dated August 19, 2010 entitled "Interlocal Cooperative Agreement (ILA) between Auburn, Federal Way, Kent, Renton,Tukwila, and the Port of Seattle, for creation of the Valley Special Weapons and Tactics (SWAT) Team" was executed by the participating jurisdictions for the purpose of establishing and maintaining a multi jurisdictional SWAT Team to respond to high risk criminal occurrences, and WHEREAS, pursuant to Section IV of the Agreement, the future admission of a jurisdiction as a member of the SWAT Team may be accomplished by an addendum to the agreement, and WHEREAS, the City of Des Moines has petitioned the Executive Board for membership and has received unanimous approval subject to approval of this Addendum; NOW, THEREFORE, in consideration of the foregoing, THE PARTIES HERETO AGREE as follows: Pursuant to the approval and execution of this Addendum,the City of Des Moines will be admitted as a member of the Valley SWAT Team subject to the terms of the existing Valley SWAT Team Interlocal Agreement, Except as modified hereby, all other terms and conditions of the Valley SWAT Team Interlocal Agreement remain in full force and effect. This Addendum shall be executed on behalf of the City of Des Moines and each participating jurisdiction by its authorized representative pursuant to an appropriate resolution or ordinance of the governing body of the City of Des Moines and each participating jurisdiction. This Addendum shall be deemed effective upon the last date of execution by the last authorized representative. This Addendum may be executed by counterparts and be valid as if each representative had signed the original document. By signing below,the signor certifies that he or she has the authority to sign this Addendum on behalf of the jurisdiction, and the jurisdiction agrees to the terms of this Addendum. p Valley Special Weapons and Tactics, Team Interlocal Agreement Addendum 1 Mayor,City of Auburn Date City Attorney,City of Auburn Date City Clerk, City of Auburn Date Mayor,City of Renton Date City Attorney, City of Renton Date City Clerk,City of Renton Date Mayor, City of Tukwila Date City Attorney,City of Tukwila Date City Clerk, City of Tukwila Date Mayor, City of Kent Date City Attorney, City of Kent Date City Clerk, City of Kent Date Mayor, City of Federal Way Date City Attorney,Federal Way Date City Clerk, City of Federal Way Date City Manager, City of Des Moines Date City Attorney, City of Des Moines Date City Clerk,City of Ties Moines Date Stephen R lv t Lrtwc )ate Anne Purcell Date Executive Director Sr.Port Counsel: Approved as to Form 2 Valley Special Weapons and Tactics Team Interlocal Agreement Addendum 1 CAG-10-160, Adden #1-19 ADDENDUM 1: TO THE INTERLOCAL COOPERATIVE AGREEMENT BETWEEN AUBURN, FEDERAL WAY,KENT,RENTON,TUKWILA,AND THE PORT OF SEATTLE,FOR THE CREATION OF THE VALLEY SPECIAL WEAPONS AND TACTICS TEAM WHEREAS, the document dated August 19, 2010 entitled "Interlocal Cooperative Agreement(ILA)between Auburn,Federal Way,Kent,Renton,Tukwila, and the Port of Seattle, for creation of the Valley Special Weapons and Tactics (SWAT) Team" was executed by the participating jurisdictions for the purpose of establishing and maintaining a multi jurisdictional SWAT Team to respond to high risk criminal occurrences, and WHEREAS, pursuant to Section IV of the Agreement, the future admission of a jurisdiction as a member of the SWAT Team may be accomplished by an addendum to the agreement,and WHEREAS, the City of Des Moines has petitioned the Executive Board for membership and has received unanimous approval subject to approval of this Addendum; NOW, THEREFORE, in consideration of the foregoing, THE PARTIES HERETO AGREE as follows: Pursuant to the approval and execution of this Addendum,the City of Des Moines will be admitted as a member of the Valley SWAT Team subject to the terms of the existing Valley SWAT Team Interlocal Agreement. Except as modified hereby, all other terms and conditions of the Valley SWAT Team Interlocal Agreement remain in full force and effect. This Addendum shall be executed on behalf of the City of Des Moines and each participating-jurisdiction by its authorized representative pursuant to an appropriate resolution or ordinance of the governing body of the City of Des Moines and each participating jurisdiction. This Addendum shall be deemed effective upon the last date of execution by the last authorized representative. This Addendum may be executed by counterparts and be valid as if each representative had signed the original document, By signing below,the signor certifies that he or she has the authority to sign this Addendum on behalf of the jurisdiction, and the jurisdiction agrees to the terms of this Addendum. Valley Special Weapons and Tactics Team Interlocal Agreement Addendum 1 City of Auburn Date City Attorney, Auburn. Date Mayor,Cy�� eX Cit Y of w ��" loch;, ity "Aub ... _.............. CC �._ urn Date N ayo- City of Renton Date city: ltorucr�x ptt I "-It Ott 1 tt'e Cit Clerk ty of Renton 1a.�...._ Mayor,City of Tukwila Date City Attorney,City of Tukwila � Date �..�.. CitClerk, .�__. ...�_.,_.._ _._._.........__ ._�...� y Clerk, City of Tukwila Date Mayor,City of K......�.,_._ ......��m � ,. .. ,._.. .. a...._ �.. ent Date City Attorney,City of Kent Date City Clerk, Y Cit of Kent Date Mayor,City of Federal Way Date City Attorney,Federal Way Date Cit Clerk City Y f Federal Way Date g ....,,. _ .W. 20 /s/Tim George 06/12/20 City Manager,City of Des Moines Date City Attorney, City of Des Moines Date 2v2w City Clerk, City of Des Moines Date 2..._._....�_.__�..................._. ....�.Valley Special Weapons and Tactics Team Interlocal Agreement Addendum 1 n�, City of Tukwila Washington Resolution No. 86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, APPROVING ADMISSION OF THE CITY OF DES MOINES AS A MEMBER OF THE VALLEY SWAT TEAM SUBJECT TO THE TERMS OF THE EXISTING INTERLOCAL COOPERATIVE AGREEMENT BETWEEN AUBURN, FEDERAL WAY, KENT, RENTON, TUKWILA, AND THE PORT OF SEATTLE FOR THE CREATION OF THE VALLEY SPECIAL WEAPONS AND TACTICS (SWAT) TEAM. WHEREAS, in 2011, the municipalities of Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle executed an Interlocal Cooperative Agreement (ILA) for the purpose of establishing and maintaining a multi jurisdictional Valley Special Weapons and Tactics (SWAT) Team to respond to high risk criminal occurrences; and WHEREAS, pursuant to Section IV of the ILA ("Formation"), the future admission of a jurisdiction as a member of the Valley SWAT Team may be accomplished by an addendum to the agreement; and WHEREAS, the City of Des Moines has petitioned the Valley SWAT Executive Board for membership and has received unanimous approval subject to approval of the governing body of each existing participating jurisdiction; and WHEREAS, upon approval by all participating jurisdictions, the City of Des Moines will be admitted as a member of the Valley SWAT Team subject to the terms of the existing Valley SWAT Team ILA; and WHEREAS,the Tukwila City Council finds that approving and adopting this resolution to admit the City of Des Moines as a member of the Valley SWAT Team ILA is in the best public interest; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: W:1Word ProcessinglResolutionslSWAT Interloca�—Des Moines added 1 4-16-20 BL: Revlew and analysis by Barbara Saxton Page 1 of 2 The Tukwila City Council finds that it is in the best interest of the public to admit the City of Des Moines as a member of the Valley Special Weapons and Tactics (SWAT) Team subject to the terms of the existing Interlocal Cooperative Agreement between Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle. Accordingly, the city of Des Moines' petition for admission as a member of the Valley SWAT Team is hereby approved and adopted. PASSED BY THE CITY CCIJ CIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this `day of 2020. ATTEST/AUTHENTICATED Christy O'Flaherty, MMC, City Clerk e Sean ulln, ou ncil President APPROVED AS TO FORM BY: Filed with the City Clerk: � _ Passed by the City Council Resolution Number. . . Office of the City Attorney w:�word Proa ss6ng' esoiwons"SWAT'Interlocal—Des Moines added 14-16-20 Page 2 of 2 BL: Review and bnalyala by Barbara Sexton 11-087(a2) Council Approval 5/4/20 by Res.#1986 ADDENDUM 1: TO THE INTERLOCAL COOPERATIVE AGREEMENT BETWEEN AUBURN, FEDERAL WAY,KENT,RENTON,TUKWILA,AND THE PORT OF SEATTLE,FOR THE CREATION OF THE VALLEY SPECIAL WEAPONS AND TACTICS TEAM WHEREAS, the document dated August 19, 2010 cntitled "Interlocal Cooperative Agreement(ILA)between Auburn,Federal Way, Kent,Renton,Tukwila,and the Port of Seattle, for creation of the Valley Special Weapons and Tactics (SWAT) Team" was executed by the participating jurisdictions for the purpose of establishing and maintaining a multi jurisdictional SWAT Team to respond to high risk criminal occurrences,and WHEREAS, pursuant to Section IV of the Agreement, the future admission of a jurisdiction as a member of the SWAT Team may be accomplished by an addendum to the agreement,and WHEREAS, the City of Des Moines has petitioned the Executive Board for membership and has received unanimous approval subject to approval of this Addendum; NOW, THEREFORE, in consideration of the foregoing, THE PARTIES HERETO AGREE as follows; Pursuant to the approval and execution of this Addendum,the City of Des Moines will be admitted as a member of the Valley SWAT Team subject to the terms of the existing Valley SWAT Team Interlocal Agreement. Except as modified hereby, all other terms and conditions of the Valley SWAT Team Interlocal Agreement remain in full force and effect. This Addendum shall be executed on behalf of the City of Des Moines and each participating jurisdiction by its authorized representative pursuant to an appropriate resolution or ordinance of the governing body of the City of Des Moines and each participating jurisdiction. This Addendum shall be deemed effective upon the last date of execution by the last authorized representative. This Addendum may be executed by counterparts and be valid as if each representative had signed the original document. By signing below,the signor certifies that he or she has the authorhyto sign this Addendum on behalf of the jurisdiction, and the jurisdiction agrees to the terms of this Addendum. ��� �� ....... Valley Special Weapons and Tactics I ey P aP Team Interlocal Agreement Addendum I Mayor,City of Auburn Date City Attorney,City of Auburn Date City Clerk,City of Auburn Date ................. ...... Mayor,City of Renton Date City Attorney,City of Renton Date City Clerk,City of Renton Date 09130/2020 09/29/2020 ..............- ............ Mayor,City of Tukwila Date City Attorney,City of OOF"Tukwila Date 09/30/2020 City Clerk,City of Tukwila Date Mayor,City of Kent Date City Attorney,City of Kent Date City Clark,City of Kent Date Mayor, City of Federal Way Date City Attorney,Federal Way Date City Clerk,City of Federal Way Date .......... City Manager,City of Des Moines Date City Attorney,City of Des Moines Date City Clerk,City of Des Moines Date — -—----------- 2 --— Valley Speoial Weapons and Tactics Team Interlocal Agreement Addendum 1 ADDENDUM 1: TO THE INTERLOCAL COOPERATIVE AGREEMENT BETWEEN AUBURN, FEDERAL WAY, KENT,RENTON,TUKWILA,AND THE PORT OF SEATTLE,FOR THE CREATION OFTHE VALLEY SPECIAL WEAPONS AND TACTICS TEAM WHEREAS, the document dated August 19, 2010 entitled "Interlocal Cooperative Agreement (ILA) between Auburn,Federal Way,Kent,Renton,Tukwila, and the Port of Seattle, for creation of the Valley Special Weapons and Tactics (SWAT) Team" was executed by the participating.jurisdictions for the purpose of establishing and maintaining a multi-jurisdictional SWAT Team to respond to high risk criminal occurrences, and WHEREAS, pursuant to Section IV of the Agreement, the future admission of a jurisdiction as a member of the SWAT Team may be accomplished by an addendum to the agreement, and WHEREAS, the City of Des Moines has petitioned the Executive Board for membership and has received unanimous approval subject to approval of this Addendum; NOW, THEREFORE, in consideration of the foregoing, THE PARTIES HERETO AGREE as follows: Pursuant to the approval and execution of this Addendum,the City of Des Moines will be admitted as a member of the Valley SWAT Team subject to the terms of the existing Valley SWAT Team Interlocal Agreement. Except as modified hereby, all other terms and conditions of the Valley SWAT Team Interlocal Agreement remain in full force and effect, This Addendum shall be executed on behalf of the City of Des Moines and each participating i urisdic fi011b)`its authorized representative pursuant to an appropriate,resolution or ordinance of the governing body of the City of Des Moines and each participating jurisdiction. This Addendum shall be deemed effective upon the Last date of execution by the last authorized representative. This Addendum may be executed by counterparts and be valid as if each representative had signed the original document. By signing below, the signor certifies that he or she has the authority to sign this Addendum on behalf of the jurisdiction, and the jurisdiction agrees to the terms of this Addendum. wicy Specigi Weapom arid Tactics TeamImcdocal Agreement Adderidutil I .......... Mayor, City of Auburn Date City Attorney,City of Auburn Date City Clerk, City of Auburn Date Mayor, City of Renton Date City Attorney, City of Renton Date City Clerk, City of Renton Date Mayor, City of Tukwila Date City Attorney, City of Tukwila, Date City Clerk, City of Tukwila Date Mayor,City of Kent Date City Attorney, City of Kent Date Ci.ty Clerk, Oty offent Date V, City of F edera I 14ra y City Attorney,Federal Way City of Fv""Iv I Wily Date City Manager, City of Des Moines Date City Attorney, City of Des Moines Date City Clerk,City of Des Moines Date 2 Valley special Weapons and Tactics Team Interlocal Agreement Addendum 1 CITY OF RENTON, WASHINGTON RESOLUTION NO.4394 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO ADDENDUM 1 TO THE INTERLOCAL COOPERATIVE AGREEMENT BETWEEN AUBURN, FEDERAL WAY, KENT,RENTON, TUKWILA, AND THE PORT OF SEATTLE FOR THE CREATION OF THE VALLEY SPECIAL WEAPONS AND TACTICS TEAM, ADMITTING THE CITY OF DES MOINES AS A MEMBER OF THE VALLEY SPECIAL WEAPONS AND TACTICS(SWAT)TEAM. WHEREAS, in 2010, the Cities of Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle executed an Interlocal Cooperative Agreement (ILA) for the purpose of establishing and maintaining a multi-jurisdictional SWAT Team to respond to high risk criminal occurrences; and WHEREAS, pursuant to Section IV of the Agreement,the future admission of a jurisdiction as a member of the SWAT Team may be accomplished by an addendum to the agreement; and WHEREAS, the City of Des Moines has petitioned the Valley SWAT Executive Board for membership and has received unanimous approval subject to approval of Addendum 1 to the ILA; and WHEREAS,upon approval and execution of Addendum 1 tothe ILA,the Cityof Des Moines will be admitted as a member of the Valley SWAT Team subject to the terms of the existing Valley SWAT Team Interlocal Agreement; and WHEREAS,the City Council finds that approving and adopting Addendum 1 to the ILA and admitting the City of Des Moines as a member of the Valley SWAT Team is in the public interest; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: 1 RESOLUTION NO. 4394 SECTION I. The Mayor and City Clerk are hereby authorized to enter into Addendum 1 to the Interlocal Cooperative Agreement between Auburn,Federal Way, Kent,Renton,Tukwila, and the Port of Seattle for the Creation of the Valley Special Weapons and Tactics Team,attached hereto as Exhibit"A" and incorporated by this reference. PASSED BY THE CITY COUNCIL this 9th day of December,2019. r J Jason k Seth, Cit, Jerk APPROVED BY THE MAYOR this 9th day of December, 201 . Denis Law, Mayor �,,+„eVuuftatiill7 iaa r"r Approved as to forma "F Shane Moloney, Cit Attorney�. _.. e .0 Y '+YYf14Nftg4v 4' ` RES.1827:11/12/19 2 RESOLUTION NO. 4394 EXHIBIT ADDENDUM I TO THE INTERLOCAL COOPERATIVE AGREEMENT BETWEEN AUBURN., FEDERAL r KENT, CREATIONRENTON, TUKWILA, AND THE PORT OF SEATTLE FOR THE I TACTICS TEAM 3 ADDENDUM 1: TO THE INTERLOCAL COOPERATIVE AGREEMENT BETWEEN AUBURN, FEDERAL WAY, KENT,RENTON,TUKWILA,AND THE PORT OF SEATTLE,FOR THE CREATION OF THE VALLEY SPECIAL WEAPONS AND TACTICS TEAM WHEREAS, the document dated August 19, 2010 entitled "Interlocal Cooperative Agreement(l[,A) between Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle, for creation of the Valley Special Weapons and Tactics (SWAT) 'Team" was executed by the participating jurisdictions for the purpose of establishing and maintaining a multi jurisdictional SWAT Team to respond to high risk criminal occurrences,and WHEREAS, pursuant to Section IV of the Agreement, the future admission of a jurisdiction as a member of the SWAT Team may be accomplished by an addendum to the agreement, and WHEREAS, the City of Des Moines has petitioned the Executive Board for membership and has received unanimous approval subject to approval of this Addendum; NOW, THEREFORE, in consideration of the foregoing, THE PARTIES HERETO AGREE as follows: Pursuant to the approval and execution of this Addendum,the City of Des Moines will be admitted as a member of the Valley SWAT Team subject to the terms of the existing Valley SWAT Team Interlocal Agreement. Except as modified hereby,all other terms and conditions of the Valley SWAT Team Interlocal Agreement remain in full force and effect. This Addendum shall be executed on behalf of the City of Des Moines and each participating jurisdiction by its authorized representative pursuant to an appropriate resolution or ordinance of the governing body of the City of Des Moines and each participating jurisdiction. This Addendum shall be deemed effective upon the last date of execution by the last authorized representative. This Addendum may be executed by counterparts and be valid as if each representative had signed the original document. By signing below,the signor certifies that he or she has the authority to sign this Addendum on behalf of the jurisdiction,and the jurisdiction agrees to the terms of this Addendum. "Valley Special Weapons and Tactics cs Team lntcrlocal Agreement Addendum I Mayor,City of Auburn Date City Attorney,City of'Auburn Date CIJ I erk, CY t"Auburn Date T/ /iRl; , try City of Renton .Date f i�ty cnt y ' ton 9 ate L Cit Clerk Ly of Renton *,)Ili r '�rtSD Mw` 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,Ci of Kent Date City Mayor,City of Federal. Way Date City Attorney,Federal Way Date ......_ City Clerk, _.. _ _ ... City of Federal Way Date City Manager,City of Des Moines Date City Attorney,City of Des Moines Date t Clerk,City of Des Moines Date �..... - .... w... ............ 2 Valley Special Weapons and Tactics Team Interlocal Agreement Addendum 1 RESOLUTION NO. 5499 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING AND ADOPTING ADDENDUM 1 TO THE INTERLOCAL COOPERATIVE AGREEMENT BETWEEN AUBURN, FEDERAL WAY, KENT, RENTON, TUKWILA, AND THE PORT OF SEATTLE, FOR THE CREATION OF THE VALLEY SPECIAL WEAPONS AND TACTICS TEAM, ADMITTING THE CITY OF DES MOINES AS A PARTICIPATING MEMBER WHEREAS, in 2010, the jurisdictions of Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle executed an Interlocal Cooperative Agreement (ILA) for the creation of the Valley Special Weapons and Tactics Team (VSWAT); and WHEREAS, pursuant to Section IV of the ILA, the future admission of a jurisdiction to VSWAT may be accomplished by an addendum; and WHEREAS, the City of Des Moines petitioned the VSWAT executive board for membership and received unanimous approval subject to the approval of each participating jurisdiction's legislative body. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RESOLVES as follows: Section 11. The Mayor is authorized to execute Addendum 1 to the Interlocal Cooperative Agreement between Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle, for the Creation of the Valley Special Weapons and Tactics Team, which Addendum will be in substantial conformity with that attached as Exhibit A. Section 2. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation. Resolution No. 5499 January 30, 2020 Rev.2019 Page 1 of 2 Section 3. This Resolution will take effect and be in full force on passage and signatures. Dated and Signed: Februa 18, 2020 CITY OF AUBURN 4C�Y B k US, MAYO O ATTEST: APPROVED AS TO FORM: Shawn Campbell, MMC City Clerk e�ndra Comeau, City Attorney Resolution No. 5499 January 30, 2020 Rev.2019 Page 2 of 2 ADDENDUM 1: TO THE INTERLOCAL COOPERATIVE AGREEMENT BETWEEN AUBURN, FEDERAL WAY, KENT,RENTON,TUKWILA,AND THE PORT OF SEATTLE,FOR THE CREATION OF THE VALLEY SPECIAL WEAPONS AND TACTICS TEAM WHEREAS, the document dated August 19, 2010 entitled "Interlocal Cooperative Agreement (ILA)between Auburn,Federal Way, Kent, Renton,Tukwila,and the Port of Seattle, for creation of the Valley Special Weapons and Tactics (SWAT) Team" was executed by the participating jurisdictions for the purpose of establishing and maintaining a multi jurisdictional SWAT Team to respond to high risk criminal occurrences,and WHEREAS, pursuant to Section IV of the Agreement, the future admission of a jurisdiction as a member of the SWAT Team may be accomplished by an addendum to the agreement,and WHEREAS, the City of Des Moines has petitioned the Executive Board for membership and has received unanimous approval subject to approval of this Addendum; NOW, THEREFORE, in consideration of the foregoing, THE PARTIES HERETO AGREE as follows: Pursuant to the approval and execution of this Addendum,the City of Des Moines will be admitted as a member of the Valley SWAT Team subject to the terms of the existing Valley SWAT Team Interlocal Agreement. Except as modified hereby,all other terms and conditions of the Valley SWAT Team Interlocal Agreement remain in full force and effect. This Addendum shall be executed on behalf of the City of Des Moines and each participating jurisdiction by its authorized representative pursuant to an appropriate resolution or ordinance of the governing body of the City of Des Moines and each participating jurisdiction. This Addendum shall be deemed effective upon the last date of execution by the last authorized representative. This Addendum may be executed by counterparts and be valid as if each representative had signed the original document. By signing below,the signor certifies that he or she has the authority to sign this Addendum on behalf of the jurisdiction, and the jurisdiction agrees to the terms of this Addendum. . ......_._...... 1 Valley Special Weapons and Tactics Team Interlocal Agreement Addendum I j ), 29 wrayoa, Ci Auburn Date �ity Attorney,City of Auburn Date City Clerk,City of Auburn Date Mayor, City of Renton Date City Attorney, of ReCity Renton Date City Clerk,City of Renton Date Mayor,City of Tukwila Date City Attorney,City of Tukwila Date City Clerk,w.....�.y Tukwila�__.._..�.....__.�_ Cit of T ate Mayor, City,...of ..�W. . .e....�.,...,m,.�...�_.W....__.m...... m Kent Date City Attorney, City of Kent Date City Clerk,City of Kent t Date Mayor,City of Federal Way Date City Attorney,Federal Way Date City Clerk,City� of Federal Way Date City Manager,City of Des Moines Date City Attorney,City of Des Moines Date City Clerk,City of� ...,. Des Moines Date 2 Valley Special Weapons and Tactics Team Interlocal Agreement Addendum 1 RETURN TO: Kurt Schwan/PD EXT: 6875 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM ORIGINATING DEPT./DIV: PD ORIGINATING STAFF PERSON: LYNETTE ALLEN EXT: 6701 3. DATE REQ.BY, ASAP TYPE OF DOCUMENT(CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG ❑ REA L ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT(AG#): X INTERLOCAL ❑ OTHER PROJECT NAME: ADDENDUM TO THE VSWAT AGREEMENT TO ADMIT THE CITY OF DES MOINES NAME OF CONTRACTOR: VALLEY SWAT ADDRESS: KENT POLICE DEPARTMENT TELEPHONE: E-MAIL: FAX: SIGNATURE NAME: TITLE: EXHIBITS AND ATTACHMENTS:❑ SCOPE,WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS TERM: COMMENCEMENT DATE: DATE ALL SIGNATURES RECEIVED COMPLETION DATE: ON-GOING TOTAL COMPENSATION N/A (INCLUDE EXPENSES AND SALES TAX,IF ANY) (I F CALCULATED ON HOU RLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE:DYES ONO IF YES,MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑YES ❑NO IF YES,$ PAID BY:❑CONTRACTOR❑CITY RETAINAGE: RETAINAGE AMOUNT: ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDE ❑ PURCHASING: PLEASE CHARGE TO: 0. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED ❑ PROJECT MANAGER ❑ DIRECTOR s A• ❑ RISK MANAGEMENT (IFAPPLICABLE) 1 .41 ❑ LAW I. COUNCILAPPROVAL(IFAPPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE: 3`1120 SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE: 2. CONTRACT SIGNATURE ROUTING ❑ SENTTO VENDOR/CONTRACTOR DATE SENT: DATEREC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept.support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIAL/DATE SIGNED ❑��LAW DEPARTMENT 41JIGNATORY(MAYOR OR DIRECTOR) d ❑ CITY CLERK ,(? ❑ ASSIGNED AG# AG# � - ❑ SIGNED COPY RETURNED DATE SENT: -OMMENTS: p * Pk�Isc Vl�.. t,�I��c �i 1� �y►�.���f�rrS DI01YVn � . innl� ADDENDUM 1: TO THE INTERLOCAL COOPERATIVE AGREEMENT BETWEEN AUBURN, FEDERAL WAY, KENT, RENTON, TUKWILA, AND THE PORT OF SEATTLE, FOR THE CREATION OF THE VALLEY SPECIAL WEAPONS AND TACTICS TEAM WHEREAS, the document dated August 19, 2010 entitled "Interlocal Cooperative Agreement (ILA) between Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle, for creation of the Valley Special Weapons and Tactics (SWAT) Team" was executed by the participating jurisdictions for the purpose of establishing and maintaining a multi-jurisdictional SWAT Team to respond to high risk criminal occurrences, and WHEREAS, pursuant to Section IV of the Agreement, the future admission of a jurisdiction as a member of the SWAT Team may be accomplished by an addendum to the agreement, and WHEREAS, the City of Des Moines has petitioned the Executive Board for membership and has received unanimous approval subject to approval of this Addendum; NOW, THEREFORE, in consideration of the foregoing, THE PARTIES HERETO AGREE as follows: Pursuant to the approval and execution of this Addendum, the City of Des Moines will be admitted as a member of the Valley SWAT Team subject to the terms of the existing Valley SWAT Team Interlocal Agreement. Except as modified hereby, all other terms and conditions of the Valley SWAT Team Interlocal Agreement remain in frill force and effect. This Addendum shall be executed on behalf of the City of Des Moines and each participating jurisdiction by its authorized representative pursuant to an appropriate resolution or ordinance of the governing body of the City of Des Moines and each participating jurisdiction. This Addendum shall be deemed effective upon the last date of execution by the last authorized representative. This Addendum may be executed by counterparts and be valid as if each representative had signed the original document. By signing below, the signor certifies that he or she has the authority to sign this Addendum on behalf of the jurisdiction, and the jurisdiction agrees to the terms of this Addendum. I Valley Special Weapons and Tactics Team Interlocal Agreement Addendum 1 Mayor, City of Auburn Date City Attorney, City of Auburn Date City Clerk, City of Auburn Date Mayor, City of Renton Date City Attorney, City of Renton Date City Clerk, City of Renton Date Mayor, City of Tukwila Date City Attorney, City of Tukwila Date City Clerk, City of Tukwila Date Mayor, City of Kent Date City Attorney, City of Kent Date City Clerk, City of Kent Date Z 2 Z t7 -V-'I\or, City of Federal Way Date City Attorney, Federal Way Date r 4't� c Ic�l�. City of Feder 1 Way Date City Manager, City of Des Moines Date City Attorney, City of Des Moines Date City Clerk, City of Des Moines Date 2 Valley Special Weapons and Tactics Team Interlocal Agreement Addendum 1 Chief Executive Officer, Port of Seattle Date Port Counsel, Port of Seattle Date 3 Valley Special Weapons and Tactics Team Interlocal Agreement Addendum 1 COUNCIL MEETING DATE: February 18,2020 ITEM#: 5f .... ... .... . ............... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: VALLEY SWAT INTERLOCAL AGREEMENT ADDENDUM POLICY QUESTION: Should the City sign the Valley SWAT interlocal agreement addendum that adds the city of Des Moines into the agreement? COMMITTEE: PRHS&PSC MEETING DATE: Feb. 11,2020 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Commander Case Jones DEPT: PD Attachments: • PRHS&PSC Memo ■ Addendum to the VSWAT Interlocal Cooperative Agreement Options Considered: 1. Accept the interlocal agreement addendum to admit the City of Des Moines. 2. Reject the interlocal agreement addendum to admit the City of Des Moines MAYOR'S RECOMMENDATION: Option#1 MAYOR APPROVAL:.. /3 DIRECTOR APPROVAL: r /Xlso Committee cuun Init al/Date Initial/Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed VSWAT interlocal agreement addendum to the February 18, 2020 consent agenda for approval. ;. `'omm ,hair c :,,I , II i1] .Ixlber Committee Member PROPOSED COUNCIL MOTION: I move approval of the VSWAT interlocal agreement addendum as presented and authorize the Mayor to sign said agreement. (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) 91'NCIL ACTIO : � nM AFPROV L I'1 f/-lk%j' )o COUNCIL BILL# ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED-12/2017 RESOLUTION# CITY OF FEDERAL WAY MEMORANDUM DATE: February 11, 2020 TO: PRHS&PSC committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Valley SWAT interlocal agreement addendum Finaiiciad lair }acts: There is no financial impact to the City for this interlocal agreement addendum. Background Information: In 2010 the cities of Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle established an interlocal agreement (ILA) to maintain a multijurisdictional SWAT team to respond to high-risk criminal situations. The City of Des Moines was not part of the ILA in 2010 but they have now petitioned to join. The ILA specified that future admission to the team must be accomplished through an addendum to the ILA. The police executive board has given unanimous approval for Des Moines to join. Except to adding Des Moines to the ILA, nothing else is changed and the ILA remains in full force and effect. Rev.7/18 DATE IN: I DATE OUT: I TO: CITY OF FEDERAL WAY LAW DEPARTMENT REQUEST FOR CONTRACT PREPARATION/DOCUMENT REVIEW/SIGNATURE ROUTING SLIP ORIGINATING DEPT./DIV: FEDERAI. WAY POLICE DEPARTMENT 2. ORIGINATING STAFF PERSON ArrnY Hw�vc/ LYNETTEALLEN EXT 6716/6701 3. DATE REQ. BY: Auc30, 2010 4. TYPE OF DOCUMENT REQUESTED (CHECK ONE) X PROFESSIONAL SERVICE AGREEMENT ❑ SECURITY DOCUMENT (g.G. .aG�EMaN7� � ❑ MAINTENANCE�LABOR AGREEMENT PERF/MAIN BOND; ASSICiNMENT OF FUNDS IN LIEU OF BOND) L PUBLIC WORKS CONTRACT ❑ CONTRACTOR SELECTION DOCUMENT C SMALLPUBLIC WORKS CONTRACT �g.G.,�B,xFe,xF�) ��LSS �nia�� �zno,00n� ❑ CONTRACT AMENDMENT AG#: ❑ PURCHASE AGREEMENT� ❑ CDBG �n�a�r�Ri.al.s,stmYL.1ES,�c��nyvlEN�r� ❑ OTHER ❑ REAL ESTATE DOCUMENT 5. PROJEGT NAME: Valle�pecial Weapons and Tactics Team (S WAT) Interlocal A�reement 6. NAME OF CONTRACTOR: ' - . �`�'r i�C �"��L) �t � �" U� ADDRESS: IGQY�F', R�I'an� YTu'�'�LEP�TONE SIGNATURE NAME: TITLE 7. ATTACH ALL EXHIBITS AND CHECK BOXES ❑ SCOPE OF SERVICES ❑ ALL EXHIBITS REFERENCED IN DOCUMENT L I\S�I]tr�NCE CF.R'1�[F[CA1'E O DOCUNIENT AUTHORIZING SIGNATURE ��e,-I�aQ,— atict�w�rh�a r� re��s 8. TERM: COMIVIENCEMENT DATE: AU� 19, 2010 COMPLETION DATE: rEN FoxaMirriMUM oF oNE YE 9. TOTAL COMPENSATION: N/A �INCLUDE EXPENSES & SALES TAX, IF ANY� (IF GAI.CULATED ON HOURLY LABOR CHARUE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLARAMOUNT: $ [S SALES �'A,`C O WED ❑ YES ❑ NO TF YES, $ _ PAID BY: ❑ CONTRAC'TOR ❑ CITY l0. CoN'r�t,�.c°r REViF:w ❑ PROJECT MANAGER �- DIRECTOR ❑ RISK 1VIANAGEMENT ❑ LAW 11. CONTRACT SIGNATURE ROUTING ❑ LAW DEPARTMENT �CITY MANAGER �,ITY CLERK S1GN COPY BACK TO ORGINATING DEPT � .ASSTGNED AG# `� �' ��� �_ PURCHASING: PLEASE CHARGE TO: COMMENTS: INITIAL/DATE APPROVED t.,...... a' zs �e :� � • � - INITIAL/DATE APPROVED A'J p - J � J (J •�� .1 • �� INITIAL/DATE APPROVED INITIAL/DATE APPROVED �o,u�,u2 INTERLOCAL COOPERATIVE AGREEMENT BETWEEN AUBURN, FEDERAL WAY, KENT, RENTON, TUKWILA, AND THE PORT OF SEATTLE, FOR CREATION OF THE VALLEY �PECIAL WEAPONS AND TACTICS TEAM I. PARTIES The parties to this Agreement are the Port of Seattle and the municipalities 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. III. PURPOSE The parties hereto desire to establish and maintain a multi-jurisdictional SWAT 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 Weapons and Tactics Team" ("VSWAT"), the members of which shall be the Port of Seattle, and the cities of Auburn, Federal Way, Kent, Renton, and Tukwila. The SWAT Team has been in existence for some time, and this Agreement is being re-entered into in order to remove the City of Des Moines as a SWAT Team member. The future admission or elimination of a jurisdiction as a member of the SWAT Team 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. ����,� �, ev s;^.� � T TE.a t�,� ��- �� �-?o �i c _ .�_ ���,��_.-, n�-��� ��:��� � 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 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 specia�ized 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 VSWAT Team. The SWAT Team shall service each participating jurisdiction. The VSWAT Team may also be available to outside law enforcement agencies as provided by chapter 10.93 RCW. � The objective of the VSWAT Team 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 VSWAT Team 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 VSWAT Team Incident Commander and/or the VSWAT Team 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 VSWAT Team 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 VSWAT Team 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 shafl 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 sha�l be made by a majority vote of the Board UALLEY SVVAT TEAM 08-19-2010 INTERt_OCA�_ 4GREEN9Fh�T Paq� ;? 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 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 rnay 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 VSWAT Team written policies, regu and operational procedures shall apply to all VSWAT Team operations. Thus, to the extent that the written policies, regulations,.and operational procedures of the VSWAT Team conflict with the policies, regulations, and operational procedures of the individual jurisdictions, the VSWAT Team 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 VSWAT Team. 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 VSWAT Team responds to, problems of the VSWAT Team, 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 VSWAT Team. 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 VSWAT Team. Board approval must be obtained for the jurisdiction to assign less than this staffing requirement. The personnel assigned to the VSWAT Team 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 VSWAT Team. 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 v��LLEY S�P✓AT TEA��1 08-19-2010 IfJTFq!_�?(;a,i_ AGREFiVI�NT Page.? regard to employees and with provisions of any applicable coliective 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 VSWAT Team. Before appointing the finance department of a particular jurisdiction to manage the finances of the VSWAT Team, the Board shall consult with the finance department of the jurisdiction and obtain its approval. The duty of managing the finances of the VSWAT Team 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 VSWAT Team. 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 VSWAT Team, an Incident Commander, VSWAT Team Tactical Commander, and VSWAT Team Team Leader(s) will be designated. The duties and procedures to be utilized by the Incident Commander, the VSWAT Team Tactical Commander, and the VSWAT Team 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 VSWAT Team members. Each participating jurisdiction shall provide sufficient funds to update, replace, repair, and maintain the equipment and supplies utilized by its participating VSWAT Team members. Each participating jurisdiction shall provide sufficient funds to provide for training of its participating VSWAT Team members. The equipment, supplies, and training provided by each jurisdiction to its personnel participating in the VSWAT Team 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 VSWAT Team members. The Board must approve any joint capital expenditure for VSWAT Team equipment. XII. DISTRIBUTION OF ASSETS UPON TERMINATION Termination shall be in accordance with those procedures set forth in prior sections. Each participating jurisdictian shall retain sole ownership of equipment purchased and provided to its participating VSWAT Team members. VALLEY S'vVAT TEANI 68 19 2Q10 ii�JT�ERL,?CHi_ aGRErP: i� Page � Any assets acquired with joint funds of the VSWAT Team shall be equaliy divided among the participating jurisdictions at the asset's fair market value upon termination. The value of the assets of the VSWAT Team shall be determined by using commonly accepted methods of valuation. If two (2) or more participating jurisdictions desire an asset, the fin.al 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 VSWAT Team 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 VSWAT Team at the time of dissolution in proportion to the jurisdiction's percentage participation in the VSWAT Team as of the date of dissolution. In the event that one (1) or more jurisdictions terminate their participation in the VSWAT Team, but the VSWAT Team continues to exist, the jurisdiction terminating participation shall be deemed to have waived any right or title to any property owned by the VSWAT Team 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 VSWAT Team 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 VSWAT Team 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 VSWAT Team 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 VALLEY S�'JAT TEAfVt 0�-15-2D�f0 iNT�P,LOCP.L_ A+3R�EMENT Page ? 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 VSWAT Team Resqonse. In the event that a jurisdiction or its personnel were not involved in the VSWAT Team 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 Wrongful Conduct Beyond the Scope of Employment. Nothing herein shall require, or be interpreted to require indemnification or sharing in the payment of any judgment against any VSWAT Team 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 aftorneys 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 VSWAT Team 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 ev�nt a claim or lawsuit requires the sharing of liability, no VALLEY SWAT TEAP,4 08-19-?010 � � I,'�T�Ri_CCAL AGREE��IEPJl Paye ia 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 finai settlement or award. F. Defense Waiver. This section shall not be interpreted to waive any defense arising out of RCW Titie 51. G. Insurance. The failure of any insurance carrier or seif-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 VSWAT Team 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 VSWAT Team 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 #or alleged damages and injuries that occur as a result of VSWAT Team activities. The lead jurisdiction shall be the jurisdiction within which the VSWAT Team response occurred; PROVIDED, that in the event the jurisdiction within which the VSWAT Team response occurred did not participate in the VSWAT Team response, the lead jurisdiction shall be the jurisdiction within which the incident that required the VSWAT Team response originated. In the event that a jurisdiction that was not involved in the VSWAT Team 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. `�;"ALLEY' SUV,�T TEAIVI 08-19-?0 I O if�i i �RLUC;HL NGRE���1Cf�IT Paqe B. Assistance of Tactical Commander. The VSWAT Team Tactical Commander shall assist the lead jurisdiction in responding to a claim. The VSWAT Team Tactical Commander shall be responsible for gathering all records relating to the VSWAT Team 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 VSWAT Team response. The Tactical Commander shall also provide a list of personnel who participated in the response and their contact information. The Tactical Commander shall deliver all copies of the records to the lead jurisdiction promptly upon request. C. Claims of $5,000 or Less. i. Lead Jurisdiction Responsibilities. The lead jurisdiction shall be responsible for working with the Tactical Commander to gather records relating to the VSWAT Team response. The lead jurisdiction shafl 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 VSWAT Team 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 VSWAT Team. 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 VSWAT Team 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 VSWAT Team and each and every officer, agent, or volunteer of those participating jurisdictions. �;ALLEY SVV,aT TE,4M 08-19�-20!0 � INTFRLUCAL A��REEP�IEi�JT Page S In the event the lead jurisdiction determines that the VSWAT Team 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 VSWAT Team, the lead ju.risdiction 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 fuil, 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. D. Claims over $5,000. i. Lead Jurisdiction Responsibilities. The lead jurisdiction shall schedule a meeting with all jurisdictions participating in the VSWAT Team 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 VSWAT Team 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 V,4LLEY SWAT TEAf�'1 OS-19-2010 ivTCRL�iCAL AGREEI�r'�IV Paye 9 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 Auburn City Attorney 25 West Main Street Auburn, WA 98001 (253) 931-3030 Kent Kent City Attorney 220 4` Avenue South Kent, WA 98032 (253) 856-5781 Auburn Police Chief 340 East Main Street„Suite 201 Auburn, WA 98002 (253) 931-3080 Auburn Human Resources Director/Risk Manager 25 West Main Street Auburn, WA 98001 (253) 931-3040 Auburn City Clerk 25 West Main Street Auburn, WA 98001 (253) 931-3039 Port of Seattle: Port of Seattle Claims Manager P.O. Box 68727 Seattle, WA 98168 Tukwila: �__ __ Ci� Clerk Kent Risk Manager 220 4 Avenue South Kent, WA 98032 (253) 856-5285 Kent City Clerk 220 4 Avenue South Kent, WA 98032 (253) 856-5728 Kent Police Chief 220 4 Avenue South Kent, WA 98032 (253) 856-5888 Federal Wav Federal Way City Clerk 33325 — 8 Avenue South Federal Way, WA 98003 Federal Way City Attorney 33325 — 8 Avenue South Federal Way, WA 98003 V�LLE't S���AT TEAh� 0�3-19-2G 10 i!v'TCR'_ ,"�.:- AGREEf�;1-1 � paqe I1i City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 WCIA Renton Claims Manager Renton Risk Manager 'WCIA 1055 So. Grady Way P.O. Box 1165 Renton, WA 98057 Renton, WA 98057 CIAW Director of Claims Canfield & Associates, Inc. 451 Diamond Drive Ephrata, WA 98823 XVIII. COMPLIANCE WITH THE LAW The VSWAT Team and all its members shall comply with all federal, state, and locai laws that apply to the VSWAT Team. XIX. ALTERATIONS This Agreement may be modified, amended, or altered by agreement of all participating jurisdictions and such alteration, amendment, or modification shali 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 VSWAT Team for a minimum of seven (7) years. A copy of these records will be forwarded and maintained with the designated VSWAT Team 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 v�4LLEY S�N,4T TEAM G�-19-2010 r.irrRL..�..Al...=�'�R�Ei'�A�','di r''age 1 i 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 Mayor, City of Renton City Clerk, City of Renton Mayor, City of Tukwila City Clerk, City of Tukwila Mayor, City of Kent Date Date City Attorney, City of Renton Date Date Date City Attorney, City of Tukwila Date Date Date City Attorney, City of Kent Date City Clerk, City of Kent Date �u J_ �b � .�w City Mana , ity of Federal Way Date � � I01 � City Attor , City of Federal Way D te VFLLEY SbVAT TEAM 08-19 2U10 INTFRL^Cti_- AGREE��IENT Page 1 _' 1D City Clerk, City of F e ral W a at Chief Executive Officer, Port of Seattle Date Port Counsel, Port of Seattle Date `JALLEI' SVV:4T TEAAA 0�-19-'?01G INTFRI.00;di_ �_„RFFf`.^ENT P�ge I.?