AG 12-137 - CITIES OF AUBURN, FEDERAL WAY, KENT, RENTON, TUKWILA AND PORT OF SEATTLEDATE IN: DATE OUT: � TO:
CITY OF FEDERAL WAY LAW DEPARTMENT
REQUEST FOR CONTRACT PREPARATION/DOCUMENT REVIEW/SIGNATURE ROUTING SLIP
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ORIGINATING DEPT./DIV: FEDERAL WAY POLICE DEPARTMENT
ORIGINATING STAFF PERSON: LYNETTE ALLEN EXT: 6701 3. DATE REQ. BY: ASAP
TYPE OF DOCUMENT REQUESTED (CHECK ONE)
X PROFESSIONAL SERVICE AGREEMENT
❑ MAINTENANCE/LABOR AGREEMENT
❑ PUBLIC WORKS CONTRACT
O SMALL PUBLIC WORKS CONTRACT
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❑ PURCHASE AGREEMENT>
(MATERIALS, SUPPLIES, EQUIPMEN'1�
❑ REAL ESTATE DOCUMENT
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PROJECT NAME: ��e�ecs!,�$"°°"'°"* f^" eg*�
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NAME OF CONTRACTOR:
ADDRESS:
SIGNATURE NAME:
❑ SEGURITY DOCUMENT (E.G. AGxEE�r �
PERF/MAIN BOND; ASSIGNMENT OF FUNDS IN LIEU OF BOND)
❑ CONTRACTOR SELECTION DOCUMENT
(E.G., RFB, RFP, RFQ)
O CONTRACT AMENDMENT AG#:
❑ CDBG
❑ OTHER
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TITLE
7. ATTACH ALL EXHIBITS AND CHECK BOXES ❑ SCOPE OF SERVICES ❑ ALL EXHIBITS REFERENCED IN DOCUMENT
❑ INSURANCE CERT[FICATE ❑ DOCUMENTAUTHORIZING SIGNATURE ! ��v�r�„�,�,,,� �� +`^ �" __ _' ,/
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8. TERM: COMMENCEMENT DATE: SIGNATURE DATE COMPLETION DATE: DECEMBER 31. 2012 - SHALLAUTOMATICALL �
EXTEND FOR CONSECUTIVE ONE (1) YEAR TERMS
9.
10.
TOTAL COMPENSATION: DIFFERENT FOR EACH USE INCLUDE EXPENSES & SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED ❑ YES � NO IF YES, $ PAID BY: O CONTRACTOR O CITY
COrrr�CT REVIEw INITIAL/DATE APPROVED INITIAL/DATE APPROVED
❑ PROJECT MANAGER
❑ DIRECTOR _,,1� I(�1 _ � I Z
❑ RISK MANAGEMENT
O LAW g I2 U 20 2�
I 1. CONTRACT SIGNATURE ROUTING
❑ LAW DEPARTMENT
❑ CITY MANAGER
❑ CITY CLERI�
❑ SIGN COPY BACK TO O NATING DEPT.
❑ ASSIGNED AG#�' �
❑ PURCHASING: PLEASE CHARGE TO:
COMMENTS:
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INITIAL/DATE APPROVED
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CAG-12-129
INTERLOCAL AGR�EMENT FOR SERVICES OF
VALLEY SPECIAL WEAPONS AND TACTICS TEAM TO , (NON-
PARTICIPATING JURISDICTION)
THIS INTERT�OCAL AGREEMENT is effective upon the date executed by all
parties. In consideration of the mutual covenants below, the parties agree as follows:
1. PARTIES. The parties to this Agreement are (non-participating
jurisdiction), a political subdivision of the State of Washington, and the municipalities of
Auburn, Federal Way, Kent, Renton, and Tukwila, each of which is a municipal corporation, and
the Port of Seattle, a port district, operating under the laws of the State of Washington.
2. AUTHORITY. This Agreement is entered into pursuant to Chapters 10.93
(Washington mutual aid peace officers powers act) and 39.34 (Interlocal Cooperation Act) of the
Revised Code of Washington. '
3. PURPOSE. The (non�articipating�jurisdictionLdoes not
participate in the Valley Special Weapons and Tactics Team ("VSWAT"), but desires to have the
VSWAT available to respond to serious criminal occurrences in its jurisdiction, if necessary.
Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle, have previously executed
an interlocal agreement to organize and operate the VSWAT and might agree to allow the
VSWAT to assist the �non-�,articipating�jurisdiction) under certain
circumstances. This Agreement is intended to reflect the applicable terms and conditions
between the parties if the VSWAT's services are provided to the (non-
Qarticipating jurisdiction).
4. DURATION AND TERMINATION. The term of this Agreement sha11 be
effective through December 31, 2012. This Agreement sha11 automatically extend for
consecutive one (1) year terms, unless earlier terminated pursuant to the terms of this
Agreement.
Any party to this Agreement may terminate this Agreement by providing written notice
of its intent to terminate to all other parties. A notice of termination shall become effective thirty
(30) days after service of the notice on the contract representatives, set forth below, for all other
parties.
In the event that a party does not generally and consistently comply with the
commitments outlined in this Agreement, the issue will be presented to the VSWAT Operations
Board for final resolution, Rernedies may include establishing a timeline for compliance, a
temporary reduction in involvement for a prescribed period of time, or termination of the
Agreernent.
5. TtEOUEST FOR ASSISTANCE. The Chief of Police for non-
narticipating,.jurisdiction) or any commissioned officer who is expressly authorized herein may
request tlle assistance anci services of the VSWAT. Such request shall be directed to the Lead
VSWAT Commander. The VSWAT may or may not agree to provide its services, at the sole
discretion of the Lead VSWAT Commander. The Lead VSWAT Commander may refer to the
VSWAT ILA for non participating agency Page 1 of 7
Callout Criteria of the Valley SWAT Team Policy Manual and any other relevant considerations
when deciding whether to provide the services of the VSWAT. Nothing in this Agreement shall
be deemed to obligate Aubwn, Federal Way, Kent, Renton, Tukwila, or the Port of Seattle, to
make their meinbers of the VSWAT available to the (non-participating
jurisdiction). •
(name & ranic or positio� ar (name & rank or position� is
authorized to request VSWAT assistance on behalf of (non participating
iurisdiction).
6. CHAIN OF CONIMAND. If the request for assistance and services is granted,
the �non_participatin�jurisdiction� representative shall notify the Lead
VSWAT Commander of the identity of a command level officer from the non-
participatin�.jurisdiction) who shall act as the Incident Commander for the non-
narticinatin�,jurisdiction� (hereinafter "Incident Commander"). The Incident Comrnander for
(non-participating jurisdiction�shall assume overall command and responsibility
for the incident. The Incident Commander shall establish a command post outside the inner
perimeter away from the suspect's line of sight and fire. The Incident Commander shall consult
with the VSWAT Tactical Commander and evaluate the tactical options presented by the
VSWAT Tactical Commander. Once the Incident Commander has authorized a tactical plan to
accomplish the mission, the VSWAT Tactical Commander assumes command with respect to the
implementation of the plan. If the Incident Commander and VSWAT Tactical Commander
cannot agree on a tactical plan, the VSWAT shall leave the scene. non-
participatin�jurisdiction) shall then handle the situation with its own resources.
7. VSWAT OPERATIONS. If the VSWAT's services are provided to the
(non-participatin�jurisdictionZthe team will generally operate in accordance
with the Valley SWAT Team Policy Manual, with any modifications deemed appropriate by the
VSWAT Tactical Commander for the circumstances.
8. COMPENSATION. (non-participatin� ,�urisdiction�
agrees to reimburse the other parties to this Agreement %r all reasonable and necessary costs
incurred in connection with the provision of services by the VSWAT as a result of the VSWAT
call-out to the non-participating jurisdiction� including, but not limited
to, the cost of repairing or replacing any property, and all incidental expenses incurred by the
VSWAT team members in providing services pursuant to the request for services by
(non-participatin� jurisdiction�
9. ACCEPTANCE OF LIABILITY BY non-
narticinating iurisdiction). (non-participatin�jurisdiction) agrees that any
liability or claim arising out of the actions or inactions of the members of the VSWAT acting
within the course and scope of their duties when the VSWAT provides services at the request of _
(non-�articinatin�jurisdiction� shall be the responsibility of non-
participatin�jt�risdiction) . This provision is intended to expressly allocate liability by written
agreement as authorized by RCW 10.93.040 and is controlling over the default liability
VSWAT ILA for non participating agency Page 2 of 7
allocation set forth in RCW 10.93.040. This provision is not intended to require indemnification
or payment of any judgment against any individual or party for intentional wrongful conduct
outside the scope of employment of any member of the VSWAT or of any judgment for punitive
damages against a VSWAT member or pai�ty to this Agreement. Payment of punitive damages,
if any, shall be the sole responsibility of the individual against whom said judgment is rendered
and/or his or her employer if that employer elects to make said payment.
In furtherance of the above provision, �non-participatin�
jurisdiction) agrees to hold harmless, indemnify, and defend, with counsel reasonably
acceptable to the other parties and any named officers, the other parties to this Agreement and
their officers, officials and employees from any loss, claim or liability arising from or out of any
alleged or actual negligent tortious actions or inactions of the VSWAT, its members and
supervisors, that might occur or allegedly occur while �non-participating
jurisdiction) receives the assistance of VSWAT within its jurisdiction.
In the event that a claim or lawsuit is brought against a party or its employee(s) for
actions arising out of their conduct in the operation of the VSWAT, such party shall promptly
notify the other parties that said claim or lawsuit has been filed or commenced.
The parties to this Agreement and their respective legal counsel shall, to the extent
reasonably possible and consistent with the best interests of their respective clients, cooperate
with the defense of any lawsuit arising out of the operations of the VSWAT; provided this
cooperation does not require the parties to share any out of pocket litigation costs. Said costs
will be the responsibility of l,non_narticipating jurisdiction).
Upon request by another party, each party shall disclose to the other parties the terms of
their respective liability insurance policies to allow for coordination of coverage. The consent of
any liability insurance carrier or self-insured pool or organization is not required to make this
Agreement effective between the parties, and the failure of any insurance carrier or self-insured
pooling organization to agree to follow the terms of this Agreement on liability allocation shall
not relieve any party from its obligations under this agreement.
10. INTERLOCAL COOPERA.TION ACT PROVISIONS. No special budget or
funds are anticipated, nor shall any be created. It is not intended that a separate legal entity be
established to conduct this cooperative undertaking, nor is there any acquisition, holding, or
disposal of real or personal property other than as specifically provided within the terms of this
Agreement.
Upon execution hereof, this Agreement shall be filed with the city clerks of the respective
participating municipalities, and such other governmental agencies as may be required by law.
11. AUTHORIZATION TO ENFORCE LAWS. While this agreement is entered
pursuant to Chapter 39.34 RCW entitled, "Interlocal Cooperation Act," this agreement shall,
�pursuant to RCW 10.93.070(1), also constitute the prior written consent of the sheriff or chief of
police of each participating agency for the ptuposes of authorizing officers of VSWAT to
enforce the laws of this state within their respective jurisdictions, and to that end, the sheriff or
VSWAT ILA for non participating agency Page 3 of 7
police chief of each participating agency consents to the full exercise of peace officer powers
within his or her jurisdiction by any properly certificated or exempt officer engaged in VSWAT
related activities.
12. DISPUTE RESOLUTION. For the purpose of this Agreement, time is of the
essence. Should any dispute arise concerning the enforcement, breach or interpretation of this
Agreement, the parties shall first meet in a good faith attempt to resolve the dispute. In the event
the dispute is not resolved, it sha11 be resolved by binding arbitration pursuant to RCW 7.04A, as
amended, and the Mandatory Rules of Arbitration (MAR); and venue shall be placed in King
County, Washington and the laws of the State of Washington shall apply.
13. AUTHORIZATIONS. By signing below, the signor certifies that he or she has
the authority to sign this Agreement on behalf of the party, and the party agrees to the terms of
this Agreement. This Agreement shall be executed pursuant to an appropriate resolution or
ordinance of the governing body of each jurisdiction, where necessary.
14. CONTRACT REPRESENTATIVES. Each party - shall have a contract
representative. Each party may change its representative upon providing written notice to the
other party. The parties' representatives are as follows:
Port of Seattle:
City of Auburn:
City of Federal Way:
City of Kent:
City of Renton:
City of Tukwila:
Chief Colleen Wilson, or her successor
Chief Bob Lee, or his successor
Chief Brian Wilson, or lus successor
Chief Ken Thomas, or his successor
Chief Kevin Milosevich, or his successor
Chief Mike Villa, or his successor
Chief or his/her successor
(non- articipating iurisdiction�
15. ENTIRE AGREEMENT. The pa��ties agree that this Agreement is the camplete
expression of its terms and conditions. Any oral or written representations or understandings not
incorporated in this Agreement are specifically excluded.
16. 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.
17. SIGNED COUNTERPARTS. This Agreement may be executed by
counterparts and be valid as if each authorized representative had signed the original document.
18. EFFECTIVE DATE. This Agreement shall be deemed effective upon the last
date of execution by the last authorized representative.
VSWAT ILA for non participating agency Page 4 of 7
PORT OF SEATTLE
Chief Colleen Wilson
Tay Yoshitani, Executive Director
Attest:
By:
CITY OF AUBURN
Bob Lee, Cluef of Police '
Peter B. Lewis, Mayor
Attest: .
By:
CITY OF FEDERAL WAY
Brian Wilson, C]ni� of Police
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VSWAT ILA for non participating agency Page 5 of 7
Date:
Date:
Approved as to Le�a1 Form:
Paul Bintinger, Port Counsel
Date:
Date:
Approved as to Lega1 Form:
Steven L. Gross, Assistant City Attorney
Date: /D/ZL,�,�, �v.�
Date: ,����jU/z
A oved as to orm:
.
atricia Richardson, City Attorney
CITY OF KENT
Ken Thomas, Chief of Police
Date:
Date:
Suzcti� Cooke, Mayor
Attest: Approved as to Form:
By: , Pat Fitzpatrick, Deputy City Attorney
CITY OF TUKWILA
Mike Villa, Chief of Police
Jim Haggerton, Mayor
Attest:
By: , City Clerk
VSWAT �LA for non participating agency Page 6 of 7
Date: `�l � �l/12-
Date: � /3 /�
oved�as t`o�F�n�%���-�..._._
Lawrence J. Warren��City Attorney
Date:
Date:
Approved as to Fozm:
, City Attorney
CITY OF
, Chief of Police
Mayor/City Manager
Attest:
By:
VSWAT ILA for non participating agency Page 7 of 7
Date:
Date:
Approved as to Lega1 Form:
, Counsel for