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AG 20-924 - VIIT RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM I. ORIGINATING DEPT./DIV: PD 2. oRIGI I;ATI\G STAFF PEI..SON: LynetteAllen EXT: 1701 :. DATE RL().BY: nsAP 4. 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 ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT(AG#): O INTERLOCAL ❑ OTHER J. PROJEC T NAME: Valley Independent Investigation Team Agreement(VITT) 6. NAME OF CONTRACTOR: VIIT ADDRESS: 6200 Sou thcenter Blvd,Tukwila,WA 98188 TELEPHONE E-MAIL: FAX: SIGNATURENAME: Eric Drever TITLE Deputy Chief 7. 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 8. TERM: COMMENCEMENT DATE: August 19,2020 COMPLETION DATE: On-going 9. TOTAL COMPENSATION N/A (INCLUDE EXPENSES AND SALES TAX,IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIIVIBURSABLEEXPENSE:❑YES ❑NO IFYES,N,[AX[MUMDOLLARAMOUNT: $ IS SALES TAX OWED C)YES ONO IF YES.$ PAID BY:❑CONTRACTOR❑CITY RETAINAGE: RETAINAGE AMOUNT: ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/aATEAPPROVED ❑ PROJECT MANAGER '',DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) LAW / 11. COUNCIL APPROVAL(IF APPL[CABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE RECD: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS ❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I 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 ❑ SIGNATORY(MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# AGn _9 `1 COMMENTS: 2/2017 VALLEY INDEPENDENT INVESTIGATION TEAM AGREEMENT THIS AGREEMENT is made and entered into on ALigust 19,2020, by and between the Police Departments of Auburn, Des Moines, Federal Way, Kent, Renton, and Tukwila, and the Port of Seattle, RECITALS Many years ago, the Police Departments of Auburn, Des Moines, Federal Way, Kent, Renton, and Tukwila, and the Port of Seattle (hereinafter "Member Agencies") created the Valley Investigations Team, now referred to as the Valley Independent Investigations Team ("VIIT"). VIIT was formed to provide a mechanism whereby South King County police agencies would not investigate their own officers' uses of deadly force. VIIT established a team of experienced and highly qualified leadership, detectives, and others from each Member Agency to respond to incidents in which peace officers of Member Agencies use deadly force that results In death, serious bodily harm, or great bodily harm. Years later, in 2019, the state of Washington enacted RCW 10.114.011, This statute requires that whenever the use of deadly force by a peace officer results in death,substantial bodily harm, or great bodily harm,an independent investigation must be completed to inform any determination of whether the use of deadly force meets the good faith standard established in Washington law. The statute also tasked Washington's Criminal Justice Training Commission (CJTC)to establish criteria for independent investigations. Earlier this year, the CJTC issued the criteria for independent investigations, which is set forth in Chapter 139-12 of the Washington Administrative Code, Chapter 139-12 WAC now requires agencies to establish independent investigation teams, much like VIIT, and that law enforcement agencies enter into a written agreement to investigate police uses of deadly force incidents in their geographical region. NOW, THEREFORE, and in accordance with Chapter 139-12, the Member Agencies mutually agree as follows; AGREEMENT 1. AGREEMENT. Each Member Agency agrees and commits to support and participate in VIIT for the purposes of investigating uses of deadly force by their respective peace officers that result in death,serious bodily harm, or great bodily Injury. In recognition that each incident of deadly force that arises is unique, nothing in this Agreement shall limit a Member Agency from utilizing a different agency for the purposes of conducting an independent investigation of a use of deadly force by one of its peace officers. This Agreement constitutes the written agreement among Member Agencies to satisfy the requirement of Chapter 139-12 WAC and shall also serve as a request for assistance pursuant to a mutual law enforcement assistance agreement in accordance with Chapter 10.93 RCW, 2. TERM. This Agreement shall stay in effect until such time as the Member Agencies terminate the VIIT; provided, individual agencies may withdraw from VIIT with reasonable notice, and the remaining VIIT Member Agencies will continue to operate under this Agreement until such time as only one Member 1 Valley Independent Investigations Team Agency remains. The addition of a police agency to VIII, or the change in name of VIIT shall not require a new agreement among Member Agencies. 3. ORGANIZATIONAL AND OPERATIONAL GUIDELINES. The Member Agency Chiefs shall govern the organization and operations of VIIT, and to that end, have formed an Executive Board consisting of the Chief of each Member Agency. Each Chief shall have a vote in determining the organization and operation of VITT. The Executive Board has determined that VIIT will be organized and operated in accordance with Organizational and Operational Guidelines which have been adopted by the Executive Board, The Organizational and Operational Guidelines may be amended from time-to-time by the Executive Board. By signing below, the signor certifies that he or she has the authority to sign this Agreement on behalf of his or her Police Department, and his or her respective Police Department agrees to the terms of tMS gree ent. Cif, CI'y of Xuburn Date Chief, City of Des Moines Date Print Name.��i9A1jt5,- 1D !'�:=l -_ Print Name: Chief, City of Federal Way Date Chief, City of Kent Date Print Name: Print Name: Chief, City of Renton Date Chief, City of Tukwila Date Print Name: Print Name: Chief, Port of Seattle Date Print Name: 2 Valley Independent Investigations Team VALLEY INDEPENDENT INVESTIGATION TEAM AGREEMENT THIS AGREEMENT is made and entered into on August 19, 2020, by and between the Police Departments of Auburn, Des Moines, Federal Way, Kent, Renton, and Tukwila, and the Port of Seattle. RECITALS Many years ago, the Police Departments of Auburn, Des Moines, Federal Way, Kent, Renton, and Tukwila, and the Port of Seattle (hereinafter "Member Agencies") created the Valley Investigations Team, now referred to as the Valley Independent Investigations Team ("VIIT"). VIIT was formed to provide a mechanism whereby South King County police agencies would not investigate their own officers' uses of deadly force. VIIT established a team of experienced and highly qualified leadership, detectives, and others from each Member Agency to respond to incidents in which peace officers of Member Agencies use deadly force that results in death, serious bodily harm, or great bodily harm. Years later, in 2019, the state of Washington enacted RCW 10.114.011. This statute requires that whenever the use of deadly force by a peace officer results in death, substantial bodily harm, or great bodily harm, an independent investigation must be completed to inform any determination of whether the use of deadly force meets the good faith standard established in Washington law. The statute also tasked Washington's Criminal Justice Training Commission (CJTC) to establish criteria for independent investigations. Earlier this year, the CJTC issued the criteria for independent investigations, which is set forth in Chapter 139-12 of the Washington Administrative Code. Chapter 139-12 WAC now requires agencies to establish independent investigation teams, much like VIIT, and that law enforcement agencies enter into a written agreement to investigate police uses of deadly force incidents in their geographical region. NOW, THEREFORE, and in accordance with Chapter 139-12, the Member Agencies mutually agree as follows: AGREEMENT 1. AGREEMENT. Each Member Agency agrees and commits to support and participate in VIIT for the purposes of investigating uses of deadly force by their respective peace officers that result in death, serious bodily harm, or great bodily injury. In recognition that each incident of deadly force that arises is unique, nothing in this Agreement shall limit a Member Agency from utilizing a different agency for the purposes of conducting an independent investigation of a use of deadly force by one of its peace officers. This Agreement constitutes the written agreement among Member Agencies to satisfy the requirement of Chapter 139-12 WAC and ,shall also serve as a request for assistance pursuant to a mutual law enforcement assistance agreement in accordance with Chapter 10.93 RCW. 2. TERM. This Agreement shall stay in effect until such time as the Member Agencies terminate the VIIT; provided, individual agencies may withdraw from VIIT with reasonable notice, and the remaining VIIT Member Agencies will continue to operate under this Agreement until such time as only one Valley Independent Investigations Team Member Agency remains. The addition of a police agency to VIIT, or the change in name of VITT shall not require a new agreement among Member Agencies. 3. ORGANIZATIONAL AND OPERATIONAL GUIDELINES.The Member Agency Chiefs shall govern the organization and operations of VIIT, and to that end, have formed an Executive Board consisting of the Chief of each Member Agency. Each Chief shall have a vote in determining the organization and operation of VITT. The Executive Board has determined that VIIT will be organized and operated in accordance with Organizational and Operational Guidelines which have been adopted by the Executive Board. The Organizational and Operational Guidelines may be amended from time-to-time by the Executive Board. By signing below, the signor certifies that he or she has the authority to sign this Agreement on behalf of his or her Police Department, and his or her respective Police Department agrees to the terms of this Agreement. Chief, City of Auburn Date Chief, City of Des Moines Date Print Name: Print Name: Chief, City of Federal Way Date Chief, Cliy of kefI , r Date ; Print Name. i' ,f Print Name: =� �t Chief, City of Renton Date Chief, City of Tukwila Date Print Name: Print Name: Chief, Port of Seattle Date Print Name: 2 Valley Independent Investigations Team VALLEY INDEPENDENT INVESTIGATION TEAM AGREEMENT THIS AGREEMENT is made and entered into on August 19,2020, by and between the Police Departments of Auburn, Des Moines, Federal Way, Kent, Renton, and Tukwila,and the Port of Seattle. RECITALS Many years ago,the Police Departments of Auburn, Des Moines, Federal Way, Kent, Renton,and Tukwila, and the Port of Seattle (hereinafter "Member Agencies") created the Valley Investigations Team, now referred to as the Valley Independent Investigations Team {"VIII"). VIIT was formed to provide a mechanism whereby South King County police agencies would not investigate their own officers' uses of deadly force. VIIT established a team of experienced and highly qualified leadership, detectives, and others from each Member Agency to respond to incidents in which peace officers of Member Agencies use deadly force that results in death,serious bodily harm, or great bodily harm. Years later,in 2019,the state of Washington enacted RCW 10.114.011. This statute requires that whenever the use of deadly force by a peace officer results in death,substantial bodily harm, or great bodily harm,an independent investigation must be completed to inform any determination of whether the use of deadly force meets the good faith standard established in Washington law. The statute also tasked Washington's Criminal Justice Training Commission(CJTC)to establish criteria for independent investigations. Earlier this year, the CJTC issued the criteria for independent investigations, which is set forth in Chapter 139-12 of the Washington Administrative Code. Chapter 139-12 WAC now requires agencies to establish independent investigation teams, much like VITT, and that law enforcement agencies enter into a written agreement to investigate police uses of deadly force incidents in their geographical region. NOW, THEREFORE, and in accordance with Chapter 139-12, the Member Agencies mutually agree as follows: AGREEMENT 1. AGREEMENT. Each Member Agency agrees and commits to support and participate in VIIT for the purposes of investigating uses of deadly force by their respective peace officers that result in death,serious bodily harm, or great bodily injury. In recognition that each incident of deadly force that arises is unique, nothing in this Agreement shall limit a Member Agency from utilizing a different agency for the purposes of conducting an independent investigation of a use of deadly force by one of its peace officers. This Agreement constitutes the written agreement among Member Agencies to satisfy the requirement of Chapter 139-12 WAC and shall also serve as a request for assistance pursuant to a mutual law enforcement assistance agreement in accordance with Chapter 10.93 RCW, 2. TERM. This Agreement shall stay in effect until such time as the Member Agencies terminate the VIIT; provided, individual agencies may withdraw from VIII with reasonable notice,and the remaining VIIT Member Agencies will continue to operate under this Agreement until such time as only one Member l Valley Independent Investigations Team Agency remains. The addition of a police agency to VIII, or the change in name of VITT shall not require a new agreement among Member Agencies. 3. ORGANIZATIONAL AND OPERATIONAL GUIDELINES.The Member Agency Chiefs shall govern the organization and operations of VIIT, and to that end, have formed an Executive Board consisting of the Chief of each Member Agency. Each Chief shall have a vote in determining the organization and operation of VITT. The Executive Board has determined that VITT will be organized and operated in accordance with Organizational and Operational Guidelines which have been adopted by the Executive Board. The Organizational and Operational Guidelines may be amended from time-to-time by the Executive Board. By signing below, the signor certifies that he or she has the authority to sign this Agreement on behalf of his or her Police Department, and his or her respective Police Department agrees to the terms of this Agreement. Chief, City of Auburn Date Chief,City of Des Moines Date Print Name: _ Print Name: Chief, City of Federal Way Date Chief, City of Kent Date Print Name: Print Name: Chief,City o enton Date Chief, City of Tukwila Date Print Name� ,f/A/4-?_r Print Name: Chief, Port of Seattle Date Print Name: 2 Valley Independent Investigations Team VALLEY INDEPENDENT INVESTIGATION TEAM AGREEMENT THIS AGREEMENT is made and entered into on August 19, 2020, by and between the Police Departments of Auburn, Des Moines, Federal Way, Kent, Renton, and Tukwila, and the Port of Seattle. RECITALS Many years ago, the Police Departments of Auburn, Des Moines, Federal Way, Kent, Renton, and Tukwila, and the Port of Seattle (hereinafter "Member Agencies") created the Valley Investigations Team, now referred to as the Valley Independent Investigations Team ("VIIT"). VIIT was formed to provide a mechanism whereby South King County police agencies would not investigate their own officers' uses of deadly force. VIIT established a team of experienced and highly qualified leadership, detectives, and others from each Member Agency to respond to incidents in which peace officers of Member Agencies use deadly force that results in death, serious bodily harm, or great bodily harm. Years later, in 2019, the state of Washington enacted RCW 10.114.011. This statute requires that whenever the use of deadly force by a peace officer results in death, substantial bodily harm, or great bodily harm, an independent investigation must be completed to inform any determination of whether the use of deadly force meets the good faith standard established in Washington law. The statute also tasked Washington's Criminal Justice Training Commission (CJTC)to establish criteria for independent investigations. Earlier this year, the UTC issued the criteria for independent investigations, which is set forth in Chapter 139-12 of the Washington Administrative Code. Chapter 139-12 WAC now requires agencies to establish independent investigation teams, much like VIIT, and that law enforcement agencies enter into a written agreement to investigate police uses of deadly force incidents in their geographical region. NOW, THEREFORE, and in accordance with Chapter 139-12, the Member Agencies mutually agree as follows: AGREEMENT 1. AGREEMENT. Each Member Agency agrees and commits to support and participate in VIIT forthe purposes of investigating uses of deadly force by their respective peace officers that result in death,serious bodily harm, or great bodily injury. In recognition that each incident of deadly force that arises is unique, nothing in this Agreement shall limit a Member Agency from utilizing a different agency for the purposes of conducting an independent investigation of a use of deadly force by one of its peace officers. This Agreement constitutes the written agreement among Member Agencies to satisfy the requirement of Chapter 139-12 WAC and shall also serve as a requestfor assistance pursuant to a mutual law enforcement assistance agreement in accordance with Chapter 10.93 RCW. 2. TERM. This Agreement shall stay in effect until such time as the Member Agencies terminate the VIIT; provided, individual agencies may withdraw from VIITwith reasonable notice, and the remaining VIIT Member Agencies will continue to operate under this Agreement until such time as only one Member 1 Valley Independent Investigations Team Agency remains. The addition of a police agency to VIIT, or the change in name of VIITshall not require a new agreement among Member Agencies. 3. ORGANIZATIONAL AND OPERATIONAL GUIDELINES. The Member Agency Chiefs shall govern the organization and operations of VIIT, and to that end, have formed an Executive Board consisting of the Chief of each Member Agency. Each Chief shall have a vote in determining the organization and operation of VITT. The Executive Board has determined that VIIT will be organized and operated in accordance with Organizational and Operational Guidelines which have been adopted by the Executive Board. The Organizational and Operational Guidelines may be amended from time-to-time by the Executive Board. By signing below, the signor certifies that he or she has the authority to sign this Agreement on behalf of his or her Police Department, and his or her respective Police Department agrees to the terms of this Agreement. Chief, City of Auburn Date Chief, City of Des Moines Date Print Name: Print Name: _ Chief, City of Federal Way Date Chief, City of Kent Date Print Name: __. ___— Print Name: n Chief, City of Renton Date Chief, City of Tukwila Date Print Name: Print Name: -�/cic- Chief, Port of Seattle Date Print Name: 2 Valley IndependenLInvesligalionsTeam VALLEY INDEPENDENT INVESTIGATION TEAM AGREEMENT THIS AGREEMENT is made and entered into on August 19, 2020, by and between the Police Departments of Auburn, Des Moines, Federal Way, Kent, Renton, and Tukwila, and the Port of Seattle. RECITALS Many years ago, the Police Departments of Auburn, Des Moines, Federal Way, Kent, Renton, and Tukwila, and the Port of Seattle (hereinafter"Member Agencies") created the Valley Investigations Team, now referred to as the Valley Independent Investigations Team ("VIIT"). VIIT was formed to provide a mechanism whereby South King County police agencies would not investigate their own officers' uses of deadly force. VIIT established a team of experienced and highly qualified leadership, detectives, and others from each Member Agency to respond to incidents in which peace officers of Member Agencies use deadly force that results in death, serious bodily harm, or great bodily harm. Years later, in 2019, the state of Washington enacted RCW 10.114.011. This statute requires that whenever the use of deadly force by a peace officer results in death, substantial bodily harm, or great bodily harm, an independent investigation must be completed to inform any determination of whether the use of deadly force meets the good faith standard established in Washington law. The statute also tasked Washington's Criminal Justice Training Commission (CJTC) to establish criteria for independent investigations, Earlier this year, the CJTC issued the criteria for independent investigations, which is set forth in Chapter 139-12 of the Washington Administrative Code. Chapter 139-12 WAC now requires agencies to establish independent investigation teams, much like VIIT, and that law enforcement agencies enter into a written agreement to investigate police uses of deadly force incidents in their geographical region. NOW, THEREFORE, and in accordance with Chapter 139-12, the Member Agencies mutually agree as follows: AGREEMENT 1. AGREEMENT. Each Member Agency agrees and commits to support and participate in VIIT for the purposes of investigating uses of deadly force by their respective peace officers that result in death, serious bodily harm, or great bodily injury. In recognition that each incident of deadly force that arises is unique, nothing in this Agreement shall limit a Member Agency from utilizing a different agency for the purposes of conducting an independent investigation of a use of deadly force by one of its peace officers. This Agreement constitutes the written agreement among Member Agencies to satisfy the requirement of Chapter 139-12 WAC and shall also serve as a request for assistance pursuant to a mutual law enforcement assistance agreement in accordance with Chapter 10.93 RCW. 2. TERM. This Agreement shall stay in effect until such time as the Member Agencies terminate the VIIT; provided, individual agencies may withdraw from VIIT with reasonable notice, and the remaining VIIT Member Agencies will continue to operate under this Agreement until such time as only one 1 Valley Independent Investigations Team Member Agency remains. The addition of a police agency to VIIT, or the change in name of VIIT shall not require a new agreement among Member Agencies. 3. ORGANIZATIONAL AND OPERATIONAL GUIDELINES. The Member Agency Chiefs shall govern the organization and operations of VIIT, and to that end, have formed an Executive Board consisting of the Chief of each Member Agency. Each Chief shall have a vote in determining the organization and operation of VITT. The Executive Board has determined that VIIT will be organized and operated in accordance with Organizational and Operational Guidelines which have been adopted by the Executive Board, The Organizational and Operational Guidelines may be amended from time-to-time by the Executive Board. By signing below, the signor certifies that he or she has the authority to sign this Agreement on behalf of his or her Police Department, and his or her respective Police Department agrees to the terms of this Agreement. Chief, City of Auburn Date Chief, City of Des Moines Date Print Name: Print Name: Chief, City of Federal Way Date Chief, City of Kent Date Print Name: Print Name: Chief, City of Renton Date Chief, City of Tukwila Date Print Name: Print Name: Chief, Port of Seattle Date Print Name: 2 Valley:Independent Investigations Team VALLEY INDEPENDENT INVESTIGATION TEAM AGREEMENT THIS AGREEMENT is made and entered into on August 19,2020, by and between the Police Departments of Auburn, Des Moines, Federal Way, Kent, Renton, and Tukwila, and the Port of Seattle. RECITALS Many years ago,the Police Departments of Auburn, Des Moines, Federal Way, Kent, Renton, and Tukwila, and the Port of Seattle (hereinafter "Member Agencies") created the Valley Investigations Team, now referred to as the Valley Independent Investigations Team ("VIIT"). VIIT was formed to provide a mechanism whereby South King County police agencies would not investigate their own officers' uses of deadly force. VIIT established a team of experienced and highly qualified leadership, detectives, and others from each Member Agency to respond to incidents in which peace officers of Member Agencies use deadly force that results in death, serious bodily harm, or great bodily harm. Years later, in 2019,the state of Washington enacted RCW 10.114.011. This statute requires that whenever the use of deadly force by a peace officer results in death, substantial bodily harm,or great bodily harm,an independent investigation must be completed to inform any determination of whether the use of deadly force meets the good faith standard established in Washington law. The statute also tasked Washington's Criminal Justice Training Commission (CJTC)to establish criteria for independent investigations. Earlier this year, the CJTC issued the criteria for independent investigations, which is set forth in Chapter 139-12 of the Washington Administrative Code. Chapter 139-12 WAC now requires agencies to establish independent investigation teams, much like VIIT, and that law enforcement agencies enter into a written agreement to investigate police uses of deadly force incidents in their geographical region. NOW, THEREFORE, and in accordance with Chapter 139-12, the Member Agencies mutually agree as follows: AGREEMENT 1. AGREEMENT. Each Member Agency agrees and commits to support and participate in VIIT for the purposes of investigating uses of deadly force by their respective peace officers that result in death,serious bodily harm, or great bodily injury. In recognition that each incident of deadly force that arises is unique, nothing in this Agreement shall limit a Member Agency from utilizing a different agency for the purposes of conducting an independent investigation of a use of deadly force by one of its peace officers. This Agreement constitutes the written agreement among Member Agencies to satisfy the requirement of Chapter 139-12 WAC and shall also serve as a request for assistance pursuant to a mutual law enforcement assistance agreement in accordance with Chapter 10.93 RCW. 2. TERM. This Agreement shall stay in effect until such time as the Member Agencies terminate the VIIT; provided, individual agencies may withdraw from VIIT with reasonable notice, and the remaining VIIT Member Agencies will continue to operate under this Agreement until such time as only one Member I Valley Independent Investigations Team Agency remains. The addition of a police agency to VIIT, or the change in name of VIIT shall not require a new agreement among Member Agencies. 3. ORGANIZATIONAL AND OPERATIONAL GUIDELINES. The Member Agency Chiefs shall govern the organization and operations of VIIT, and to that end, have formed an Executive Board consisting of the Chief of each Member Agency. Each Chief shall have a vote in determining the organization and operation of VITT. The Executive Board has determined that VIIT will be organized and operated in accordance with Organizational and Operational Guidelines which have been adopted by the Executive Board. The Organizational and Operational Guidelines may be amended from time-to-time by the Executive Board. By signing below, the signor certifies that he or she has the authority to sign this Agreement on behalf of his or her Police Department, and his or her respective Police Department agrees to the terms of this Agreement. Chief, City of Auburn Date Chief, City of Des Moines Date Print Name: Print Name: Chief, City of Federal Way Date Chief, City of Kent Date Print Name: Print Name: Chief, City of Renton Date Chief, City of Tukwila Date Print Name: Print Name: —7� r---- Chief, Port of Seattle Date 08/20/2020 Print Name: Michael Villa, Acting Chief 2 Valley Independent Investigations Team VALLEY INDEPENDENT INVESTIGATION TEAM AGREEMENT THIS AGREEMENT is made and entered into on August 19, 2020, by and between the Police Departments of Auburn, Des Moines, Federal Way, Kent, Renton, and Tukwila,and the Port of Seattle. RECITALS Many years ago,the Police Departments of Auburn, Des Moines, Federal Way, Kent, Renton, and Tukwila, and the Port of Seattle (hereinafter "Member Agencies") created the Valley Investigations Team, now referred to as the Valley Independent Investigations Team ("VIIT"). VIIT was formed to provide a mechanism whereby South King County police agencies would not investigate their own officers' uses of deadly force. VIIT established a team of experienced and highly qualified leadership, detectives, and others from each Member Agency to respond to incidents in which peace officers of Member Agencies use deadly force that results in death, serious bodily harm, or great bodily harm. Years later, in 2019,the state of Washington enacted RCW 10.114.011. This statute requires that whenever the use of deadly force by a peace officer results in death, substantial bodily harm, or great bodily harm, an independent investigation must be completed to inform any determination of whether the use of deadly force meets the good faith standard established in Washington law. The statute also tasked Washington's Criminal Justice Training Commission (CJTC)to establish criteria for independent investigations. Earlier this year, the CJTC issued the criteria for independent investigations, which is set forth in Chapter 139-12 of the Washington Administrative Code. Chapter 139-12 WAC now requires agencies to establish independent investigation teams, much like VIIT, and that law enforcement agencies enter into a written agreement to investigate police uses of deadly force incidents in their geographical region. NOW, THEREFORE, and in accordance with Chapter 139-12, the Member Agencies mutually agree as follows: AGREEMENT 1. AGREEMENT. Each Member Agency agrees and commits to support and participate in VIIT for the purposes of investigating uses of deadly force by their respective peace officers that result in death,serious bodily harm, or great bodily injury. In recognition that each incident of deadly force that arises is unique, nothing in this Agreement shall limit a Member Agency from utilizing a different agency for the purposes of conducting an independent investigation of a use of deadly force by one of its peace officers. This Agreement constitutes the written agreement among Member Agencies to satisfy the requirement of Chapter 139-12 WAC and shall also serve as a request for assistance pursuant to a mutual law enforcement assistance agreement in accordance with Chapter 10.93 RCW. 2. TERM. This Agreement shall stay in effect until such time as the Member Agencies terminate the VIIT; provided, individual agencies may withdraw from VIIT with reasonable notice, and the remaining VIIT Member Agencies will continue to operate under this Agreement until such time as only one Member Valley Independent Investigations Team Agency remains. The addition of a police agency to VITT, or the change in name of VITT shall not require a new agreement among Member Agencies. 3. ORGANIZATIONAL AND OPERATIONAL GUIDELINES. The Member Agency Chiefs shall govern the organization and operations of VITT, and to that end, have formed an Executive Board consisting of the Chief of each Member Agency. Each Chief shall have a vote in determining the organization and operation of VITT. The Executive Board has determined that VITT will be organized and operated in accordance with Organizational and Operational Guidelines which have been adopted by the Executive Board. The Organizational and Operational Guidelines may be amended from time-to-time by the Executive Board. By signing below, the signor certifies that he or she has the authority to sign this Agreement on behalf of his or her Police Department, and his or her respective P,slice De,,,'artment agrees to the terms of this Agreement. Chief, City of Auburn Date Chief, City of D�Ec'j Moines Date Print Name: Print Name: ori Chief, City of Federal Way Date Chief, City of Kent Date Print Name: Print Name: Chief, City of Renton Date Chief, City of Tukwila Date Print Name: Print Name: Chief, Port of Seattle Date Print Name: 2 Valley Independent Investigations Team COUNCIL MEETING DATE: October 20,.....I.......... 2020 ITEM#: 5e ....... ..... ............ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: VALLEY INDEPENDENT INVESTIGATION TEAM AGREEMENT(VIII) POLICY QUESTION: Should the City of Federal Way/Federal Way Police Department enter into the Valley Independent Investigation Team (VITT)Agreement? COMMITTEE:PRHS&PSC MEETING DATE: Oct. 13,2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other- STAFF REPORT BY: LYNETTE ALLEN,CHIEF'S OFFICE MANAGER DEPT: Police Department Attachments: 1. PRHS&PS Committee Memo 2. Valley Independent Investigation Team Agreement(VIIT) Options Considered: 1. Accept the VIIT Agreement 2. Reject the VIIT Agreement MAYOR'S RECOMMENDATION: Option Isw.•�. MAYOR APPROVAL o I)IRECTORAPPROVAL: -lr' ` Ca+ nit[ec urit:" Initial COMMITTEE RECOMMENDATION: "I move to forward the proposed Agreement to the October 20, 2020 Council consent agenda for approval. `—Q t- rte- y k L-- + v C-U-'-f �0 r 1�-� e,�r,, »I I�I 2� y � - ewY.dF ,Q )1'1-.1112� Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the VIIT Agreement, and authorize the Chief of Police to execute said agreement. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) AppROVEI rr4w COUNCIL BILL# IIE'SIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING(ordinances only) ORDINANCE# REVISED—4/2019 RESOLUTION# CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: October 13, 2020 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Valley Independent Investigation Team Agreement(VIIT) Financial Impacts- Overall,there should be no negative impact to the City funds or to the police department's operation budget. There may be overtime involved in an investigation when the Federal Way Police Department investigates another agencies officer use of deadly force. Background Information: Several agencies;Auburn,Des Moines,Federal Way,Kent,Renton,Tukwila,and the Port of Seattle created the Valley Investigation Team in approximately April of 2012. It was established so that South King County Agencies would not investigate their own officer's uses of deadly force. In 2019, the State of Washington enacted RCW 10.114.011 which requires an independent investigation to determine whether the use of deadly force meets the good faith standard established by Washington law. The Criminal Justice Training Center establishes criteria for the independent investigations. That criteria now requires agencies to establish independent investigation teams, and enter into written agreements to investigate police uses of deadly force. South King County Agencies have now renamed their team to the Valley Independent Investigation Team (VIIT). Each VIIT investigation would be handled on a rotating schedule among the member agencies,to ensure that the municipalities adhere to the Law Enforcement Training and Community Safety Act—Independent Investigation Criteria (LETCSA). 1