Loading...
AG 03-124 1 . ~77 JI CITY OF FEDERAL WAY LAW DEPARTMENT REQUES' FOR CONTRACT PREPARATION/DOCUMENT REVIEW/SIGNATURE ROUTING SLIP ,) C;¡J1 Pull (..(. e- t:. '-t" "" -C:O l'f" e.. ~ RIGINATING DEPT./DI'Ìf.: ßv, t1-t'I WIUO'i'\ c.,/I \ ., "'" DATE To: . 2. DRIGINATING STAF"F" PERSON: EXT: Lt(¡,()~ 3. DATE REQ. By: 4. TYPE OF" DoCUMENT REQUESTED (CHECK ONE): 0 PROF"ESSIONAL SERVICES AGREEMENT 0 MAINTENANCE/LASOR AGREEMENT 0 PUBLIC WORKS CONTRACT 0 SMALL PUBLIC WORKS CONTRACT (LE.. THAN .25.0001 0 SECURITY DOCUMENT 'E.II.. AIIREEMENT '" PERorlMAIN BONO: A..OIINMENT aor FUNa. IN LIEU OF BONO! 0 PURCHASE AGREEMENT (MATERIAL., Bu""UE.. EoouO"MENTI 0 CONTRACTOR SELECTION (E.II.. RFB, RFP, RFQI !JIO CONTRACT AMENDMENT 0 EASEMENT 0 OTHER DOCUMENT .0.13#: 0'3- 1- '-I -S,\ T A~"K .wd". 0 REAL ESTATE PURCHASE & SALES AGREEMENT IJvllÎ 6. NAME OF" CONTRACTOR: S. PRO.JECT NAME: ADDRESS: PHONE: TYPE OF" PERSON OR ENTITY (CHECK ONE): . ~ 0 INDIVIDUAL 0 PARTNERSHIP 0 SOLE PROPRIETORSHIP 0 CORPORATION STATE: TAX 10#/SS#: SIGNATURE NAME: TITLE: ~ ',' ~ 7. SCOPE OF" WORK: ATTACH EXHIBIT A . A COMPLETE AND DETAILED DESCRIPTION OF" THE SERVICES OR SCOPE ÇlF" WORK, INCLUDING COMPLETION DATES F"OR EACH PHASE OF" WORK AND LOCATION OF" WORK. 0'. B. TERM: COMMENCEMENT DATE: COMPLETION DATE: 9. TOTAL COMPENSATION: $ (INCLUDES EXPENSES AND SALES TAX, IF" ANY) lIor CALCULATED ON HOURLY LA.aR CHARliE 0 ATTACH .CHEDULU aor E""LaYEU TlTLU AND HOURLY IOATE.! REIMBURSABLE EXPENSES: 0 YES ONe IF" YES, MAXIMUM DOLLAR AMOUNT: $ Is SALES TAX OWED? 0 YES 0 No IF" YES, $ PAID BY: 0 CONTRACTOR oCITY 1 D. SELECTION PROCESS USED (CHECK ONE): 0 REQUEST F"OR BIDS 0 REQUEST F"OR PROPOSALS 0 REQUEST FOR QUOTES 0 REQUEST F"OR QUALIF"(CATIONS 0 ARCHITECT & ENGINEER LIST 0 SMALL WORKS ROSTER ~ OIRECTOR 'I:J.. LAw (ALL CONTRACTS) 0 RISK MANAGEMENT 1 1. CONTRACT REVIEW (ALL caNTIOACT. EXCE"T AMEHDMENT., caNTIOACTaR .ELECTlaN aaCU"ENT! ! vo; ¡'r! 12. CONTRACT SIGNATURE ROUtiNG '~ LAW DEPARTMENT. CITY MANAGER CITY CLERK ~ SIGNED COpy SACK TO ORIGINATING DEPT. ~ ASSIGNED .0.13 # ~ ~- J 2..'1 {Ii L 0 PURCHASING: PLEASE CHARGE TO: 0 PURCHASING ,--.. J -> INITIAL/DATE ApPROVED ~, 1).Ll',~ ~ f , ~'Zéþ/ 1- --@ IwPy 1'1 J ~( VJ -kf COMMENTS Ad c ft¥\d W'¡ to V(AII) Jt<T 1!t¡Y'1~1' --t \ --ì'--A' Aj ,c( ,"- --,-::"\, (. ':",'-' - 'i"" ,-.i, v' ) i" l¡ ",-' . b\ \ \,\ . I, \ ~, (' . ....-( \ (.';1: L~, , '\ ,I _';0 it WHITE - ORIGINAL nAY" WITH CONTRACT CANARY' CLERK TO STA" PINK' LAW OEPT. GOLDENROD - ORIGINATING STAFF LD492 (REV 6/951 .. A e:;.~ 01 --1'Z}1 (1 ADDENDUM ONE. . TO THE VALLEY SPECIAL RESPONSE TEAM INTERLOCAL COOPERATIVE AGREEMENT BETWEEN THE CITIES OF AUBURN, FEDERAL WAY, KENT, RENTON, TUKWILA, & THE PORT OF SEATTLE THIS ADDENDUM ONE is made between the cities of Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle, all Washington municipal corporations, and amends the Valley Special Response Team Interlocal Cooperative Agreement, dated effective November 13, 2003. WITNESSETH: WHEREAS, the cities of Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle I entered into an interlocal cooperative agreement, in accordance with Chs. 10.93, 39.34, and 53.08 of the Revised Code of Washington in order to establish and maintain a multi- jurisdictional team to effectively respond to serious criminal occurrences as described within that agreement; and WHERËAS, this multi-jurisdictional team is known as the Valley Special Response Team ("SRÇ).: and WHEREAS, from time to time, claims and lawsuits are filed with and against the jurisdictions- that participate in the SRT for alleged damages and injuries that occur as a result of SRT activities; and WHEREAS, it is acknowledged that claims and lawsuits may be filed against jurisdictions that did not participate in the SRT response that gave rise to the claim or lawsuit or that a claim or lawsuit may be filed against a jurisdiction that is not in the best position to coordinate a response to the claim or lawsuit; and WHEREAS, the jurisdictions participating in the SRT have elected to enter into this Addendum One in order to establish a process that will assist them in processing and responding to claims and lawsuits in a matter that best meets the purposes and policies of the tnterlocal Agreement; I I NOW THEREFORE, the cities of Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle agree as follows: I. PROCESSING OF CLAIMS. A. Designation of Lead Jurisdiction. There shall be a lead jurisdiction for processing a claim that is filed with and against cities for alleged damages and injuries that occur as a result of SRT activities. The lead jurisdiction shall be the jurisdiction within which the SRT response occurred; PROVIDED, that in the event the jurisdiêti6n within which the SRT response occurred did not participate in the SRT response, the lead jurisdiction shall be the jurisdiction within which the incident that required the SRT response originated. In the ADDENDUM ONE TO THE VALLEY SRT INTERLOCAL AGREEMENT - 1 of 6 (August 20, 2004) . B. C. . .. " . I event that a jurisdiction that was. Jlot involved in the SRT response receives the claim, that jurisdiction shall notify the other jurisdictions in accordance with Section XIV of the Agreement and this Addendum, and shall use its best efforts to determine who is the appropriate lead jurisdiction. Assistance of Tactical Commander. The SRT Tactical Commander shall assist the lead jurisdiction in responding to a claim. The SRT Tactical Commander shall be responsible for gathering all records relating to the SRT response. These records shall include, but are not limited to, incident reports, notes, transcripts, photos, evidence logs, recorded statements, documents from emergency dispatch centers, and warrants from all jurisdictions that participated in the SRT response, The Tactical Commander shall also provide a list of personnel who participated in the response and their contact information. The Tactical Commander shall deiiver all copies of the records to the lead jurisdiction promptly upon request Claims of $5,000 or Less. ì. Lead Jurisdiction Responsibilities. The lead jurisdiction shall be responsìble for working with the Tactical Commander to gather records relating to the SRT response. The lead jurisdiction shall provide records to its insurance provider and shall assist its insurance provider in assessing liability for acts associated with the claim. The lead jurisdiction shall notify the other jurisdictions of any determinations as to liability. In determining whether a claim should be paid, the lead jurisdiction and its insurance provider shall, at a minimum, consider the potential legal defenses to the claim and the costs of defending the claim. .i;. Liability Determination - Apportionment of Damages. The lead jurisdiction, with the assistance of its insurance provider and risk manager, shall determine whether the SRT is liable for damages set forth in a claim, and whether the payment of the claim would be in the best interest of the jurisdictions and/or the SRI. In the event that the lead jurisdiction determines that payment of a claim is appropriate, such determination shall be final and binding upon other jurisdictions and payment shall be apportioned equally among all jurisdictions that participated in the SRT response. The insurance provider for the lead jurisdiction shall provide full payment to the claim:;tnt, 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 liabilíty on behalf ADDENDUM ONE TO THE VALLEY SRTINTERLOCALAGREEMENT-2of6 (August 20, 2004) - of all jurisdictions participatiog in the SRT and each and every officer, agent, or volunteer of those participating jurisdictions. In the event that the lead jurisdiction determines that the SRT is not liable for damages set forth in a claim or that the payment of the claim would not be in the best interest of the jurisdictions and/or the SRT, the lead jurisdiction shall notify the other jurisdictions of the determination, and such determination shall be binding on the other jurisdictions; provided, that another jurisdiction that determines that payment is appropriate may pay such claim in full, and shall not seek reimbursement from the other participating jurisdictions, Hi. Letter From Insurance Adjusters. In the event that 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 SRT to discuss the claim and to determine the appropriate manner in which to respond and/or defend the claim. The SRT Board members and persons listed in Section IV of this Addendum shall be notified of the meeting. II. PROCESSING OF LAWSUITS. A. Notification to Other Jurisdictions. . 1 1 the event that 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 the SRT Agreement and this Addendum, I I B. Coordination of Initial Meeting. The jurisdiction that initially receives a lawsuit shall schedule a meeting with all of the jurisdictions participating in the SRT to discuss the lawsuit and to determine the appropriate manner within which to respond and/or defend the lawsuit The SRT Board members and persons listed in Section III of this Addendum shall be notified of the meeting. III. NOTIFICATION OF CLAIMS AND LAWSUITS. Section XIV of the SRT Agreement requires that the jurisdiction receiving a claim or lawsuit notify the other jurisdictions of the claim or lawsuit and provide documentatioh 6f that claim or lawsuit to the other jurisdictions. In addition, the procedures set forth in this Addendum require notification to participating jurisdictions. Nothing in the Agreement or this Addendum shall be deemed a ADDENDUM ONE TO THE VALLEY SRT INTERLOCAL AGREEMENT - 3 of 6 (August 20, 2004) .. waiver by any participating jurisdiction of It)e requirements set forth in Chapter '. 2.96 RCW, and the fact that a participating jurisdiction provides notice or copies of a claim to another jurisdiction shall not be deemed compliance with the requirement that a party who files suit against a jurisdiction first file a claim with the jurisdiction in accordance with Chapter 2.96 RCW. Moreover, nothing in the Agreement or this Addendum 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 the Agreement and the procedures set forth in this Addendum, the following persons from each jurisdiction shall receive any required notification or documentation: Auburn: Kent: Daniel B. Heid Auburn City Attorney 25 West Main Street Auburn, WA 98001 (253) 931-3030 dheid@ci,auburn,wa,us Jim Kelly Auburn Police Chief 101 N. Division Auburn, WA 98001 (253) 931-3080 ikelly@ci.auburn.wa.us Arthur Pat Fitzpatrick Kent Deputy City Attorney 220 4th Avenue South Kent, WA 98032 (253) 856-5781 pfitzpatrick@ci.kent.wa.us Chris Hills Kent Risk Manager 220 4th Avenue South Kent, W A 98032 (253) 856-5285 chills@ci.kent.wa.us Br~r¡da Heineman Auburn Human Resources Director/Risk Manager 25 West Main Street Au'burn, WA 98001 (253) 931-3040 bheineman@ci.auburn.wa.us Brenda Jacober Kent City Clerk 220 4th Avenue South Kent, W A 98032 (253) 856-5728 biacober@ci,kent. wa. us Danielle E. Daskam Auburn City Clerk 25 West Main Street Auburn, WA 98001 (253) 931-3039 ddaskam@ci.auburn.wa.us .. .. Ed Crawford Kent Police Chief 220 4th Avenue South Kent, W A 98032 (253) 856-5888 ecrawford@ci,kent.wa.us ADDENDUM ONE TO THE VALLEY SRT INTERLOCAL AGREEMENT - 4 of 6 (August 20, 2004) .' . . . Kent (cont): Dave Santos Kent Police Support Services Mgr 220 4th Avenue South Kent, W A 98032 dsantos@ci.kent.wa.us Federal Way: Renton: City Clerk City of Federal Way P.O. Box 9718 Federal Way, WA 98063 Mike Webby Renton Risk Manager 1055 So. Grady Way Renton, WA 98055 .. .. Patricia Richardson Federal Way City Attorney City of Federal Way P.O. Box 9718 Federal Way, WA 98063 Port of Seattle: , . Peggy McPartland Port of Seattle Claims Manager P.O. Box 1209 Seattle, WA 98111 mcpartland. p@portseattle.org ClAW: Tukwila: . , Phillip M. Riche Director of Claims Canfield & Associates, Inc. 451 Diamond Drive Ephrata, WA 98823 priche@canfield-associates.com City Clerk City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98043 WCIA: ---¡ , Peg Campbell Claims Manager WCIA P.O. Box 1165 Renton, WA 98057 pegc@wciapool.orq IV. CpNFUCT WITH AGREEMENT. If any provision of this Addendum conflicts with the provisions of the Agreement, the terms of thè Agreement shall control. ADDENDUM ONE TO THE VALLEY SRT INTERLOCAL AGREEMENT - 5 of 6 (August 20, 2004) ,~ , < , V.' '. EFFECTIVE DATE. . This Addendum shall become effective upon the last date of execution by the last authorized representative. . VI. REMAINING PROVISIONS. Except as specifically amended, all provisions of the Agreement shall remain in full force and effect. 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 Addendum, Mayor, City of Auburn Date City Attorney, City of Auburn Date City Clerk, City of Auburn Date Mayor, City ö{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 D qOJvJJ1 FO'h ney, City of Federal Way Executive Director, Port of Seattle Date Port Counsel, Port of Seattle Date p"",,",.....,........,~.- . . ADDENDUM ONE TO THE VALLEY SRT INTERLOCAL AGREEMENT - 6 of 6 (August 20, 2004) INTERLOCAL COOPERATIVE AGREEMENT BETWEEN AUBURN, FEDERAL WAY, KENT, RENTON, TUKWILA, AND THE PORT OF SEATTLE, FOR CREATION OF THE VALLEY SPECIAL RESPONSE TEAM I. PARTIES The parties to this Agreement are the Port of Seattle and the municipalities of Auburn, Federal Way, Kent, Renton, and Tukwila, each of which is a municipal corporation operating under the laws of the State of Washington. II. AUTHORITY This Agreement is entered into pursuant to Chapters 10.93, 39.34, and 53.08 of the Revised Code of Washington. III. PURPOSE The parties hereto desire to establish and maintain a multi-jurisdictional team to effectively respond to serious criminal occurrences as described below. IV. FORMATION There is hereby created a multi-jurisdictional team to be hereafter known as the "Valley Special Response Team" ("SRT"), the members of which shall be the Port of Seattle, and the cities of Auburn, Federal Way, Kent, Renton, and Tukwila. As special needs arise, it may be necessary to request from other law enforcement agencies assistance and/or personnel, at the discretion of the SRT Incident Commander and/or the SRT Tactical Commander. V. STATEMENT OF PROBLEM King County and the municipalities within the Puget Sound area have experienced increasingly violent criminal confrontations due to increased gang activity, increased drug abuse, increased urbanization, and increased population densities. The ability to safely control, contain, and resolve criminal conduct such as civil disobedience, barricaded subjects, hostage situations, gang member arrests, high risk felony arrests, and narcotic/high risk search warrants has strained resources of the members' individual police department specialty teams. Law enforcement efforts directed at dealing with these violent confrontations have, for the most part, been conducted by law enforcement agencies working independently. A multi-jurisdictional effort to handle specific serious criminal confrontations, as well as weapons of mass destruction, will result in more effective pooling of personnel, improved utilization of municipal funds, reduced duplication of equipment, improved VALLEY SPECIAL RESPONSE TEAM 1 OPERATIONAL AGREEMENT training, development of specialized expertise, and increased utilization/application of a combined special response team. The results of a multi-jurisdictional effort will be 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 SPT. The SPT shall service each participating jurisdiction. The SPT shall also be available to outside law enforcement agencies as provided by chapter 10.93 RCW. The objective of the SPT shall be to provide enhanced use of personnel, equipment, budgeted funds, and training. The SPT shall reSpond as requested by any of the participating jurisdictions and provide a coordinated response to high-risk incidents. VII. DURATION AND TERMINATION The minimum term of this Agreement shall be one (1) year, effective upon its adoption. This Agreement shall automatically be extended for consecutive one (1) year terms, unless terminated pursuant to the terms of this Agreement. A jurisdiction may withdraw its participation in the SPT 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 SPT may be terminated by a majority vote of the Executive Board. Any vote for termination shall occur only when the police chief of each participating jurisdiction is present at the meeting in which such vote is taken. VIII. GOVERNANCE The affairs of the team shall be governed by an Executive Board ("Board"), whose members are composed of the police chief, or his/her designee, from each participating jurisdiction. Each member of the Board shall have an equal vote and voice on all Board decisions. All Board decisions shall be made by a majority vote of the Board members, or their designees, appearing at the meeting in which the decision is made. A majority of Board members, or their designees, must be present at each meeting for any actions taken to be valid. A presiding officer shall be elected by the Board together with such other officers as a majority of the Board may decide. There shall be a minimum of four (4) Board meetings each year. One meeting shall be held in March of each year to review the prior year's service. Another meeting shall be held in August of each year to review and present a budget to the participating jurisdictions. At least two (2) other meetings shall be held each year to review the SRT's activities and policies. 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, VALLEY SPECIAL RESPONSE TEAM 2 OPERATIONAL AGREEMENT however, that in emergency situations, the presiding officer may conduct a telephonic meeting or poll of Board members to resolve any issues related to such emergency. The Board shall develop SPT written policies, regulations, and operational procedures within ninety (90) calendar days of the execution of this Agreement. The SRT written policies, regulations, and operational procedures shall apply to all SRT operations. Thus, to the extent that the written policies, regulations, and operational procedures of the SRT conflict with the policies, regulations, and operational procedures of the individual jurisdictions, the SRT written policies, regulations, and procedures shall prevail. IX. STAFF A Tactical Commander, which shall be a command level officer, shall be appointed annually by the Board to act as the principal liaison and facilitator between the Board and the members of the SRT. The Tactical Commander shall operate under the direction of the presiding officer of the Board. The Tactical Commander shall be responsible for informing the Board on all matters relating to the function, expenditures, accomplishments, training, number of calls that the SRT responds to, problems of the SRT, and any other matter as requested by the Board. The Tactical Commander may be removed by action of the Board at anytime and for any reason, with or without cause. The Tactical Commander shall prepare monthly written reports to the Board on the actions, progress, and finances of the SRT. In addition, the Tactical Commander shall be responsible for presenting rules, procedures, regulations, and revisions thereto for Board approval. Each jurisdiction shall contribute seven (7) full-time commissioned officers, which shall include at least one (1) Sergeant or other first level supervisor, to be assigned to the SRT. The personnel assigned to the SRT shall be considered employees of the contributing jurisdiction. The contributing jurisdiction shall be solely and exclusively responsible for the compensation and benefits for the personnel it contributes to the SRT. All rights, duties, and obligations of the employer and the employee shall remain with the contributing jurisdiction. Each jurisdiction shall be responsible for ensuring compliance with all applicable laws with regard to employees and with provisions of any applicable collective bargaining agreements and civil service rules and regulations. The Board may appoint the finance department of a participating jurisdiction to manage the finances of the SRT. Before appointing the finance department of a particular jurisdiction to manage the finances of the SRT, the Board shall consult with the finance department of the jurisdiction and obtain its approval. The duty of managing the finances of the SRT shall be rotated to other participating jurisdictions at the discretion of the Board. The Board may, at its discretion, appoint one (1) or more legal advisors to advise the Board on legal issues affecting the SRT. The legal advisor(s) shall be the legal representative(s) for one or more of the jurisdictions participating in the SRT. The legal VALLEY SPECIAL RESPONSE TEAM 3 OPERATIONAL AGREEMENT advisor(s) shall, when appropriate or when requested by the Board, consult with the legal representatives of all participating jurisdictions before rendering legal advice. X. COMMAND AND CONTROL During field activation of the SRT, an Incident Commander, SRT Tactical Commander, and SRT Team Leader(s) will be designated. The duties and procedures to be utilized by the Incident Commander, the SRT Tactical Commander, and the SRT Team Leader(s) shall be set forth in the standard operating procedures approved by the Board. The standard operating procedures approved by the board may designate other personnel to be utilized during an incident. Xl. EQUIPMENT, TRAINING, AND BUDGET Each participating jurisdiction shall acquire the equipment of its participating SRT members. Each participating jurisdiction shall provide sufficient funds to update, replace, repair, and maintain the equipment and supplies utilized by its participating SRT members. Each participating jurisdiction shall provide sufficient funds to provide for training of its participating SRT members. The equipment, supplies, and training provided by each jurisdiction to its personnel participating in the SRT shall be equal to those provided by the other participating jurisdictions. Each member jurisdiction shall maintain an independent budget system to account for funds allocated and expended by its participating SRT members. The Board must approve any joint capital expenditure for SRT equipment. Xll. DISTRIBUTION OF ASSETS UPON TERMINATION Termination shall be in accordance with those procedures set forth in prior sections. Each participating jurisdiction shall retain sole ownership of equipment purchased and provided to its participating SRT members. Any assets acquired with joint funds of the SRT shall be equally divided among the participating jurisdictions at the asset's fair market value upon termination. The value of the assets of the SRT shall be determined by using commonly accepted methods of valuation. If two (2) or more participating jurisdictions desire an asset, the final decision shall be made by arbitration (described below). Any property not claimed shall be declared surplus by the Board and disposed of pursuant to state law for the disposition of surplus property. The proceeds from the sale or disposition of any SRT property, after payment of any and all costs of sale or debts of the agency, shall be equally distributed to those jurisdictions participating in the SRT at the time of dissolution in proportion to the jurisdiction's percentage participation in the SRT as of the date of dissolution. In the event that one (1) or more jurisdictions terminate their participation in the SRT, but the SRT continues to exist, the jurisdiction terminating participation shall be deemed to have waived any right or title to any property owned by the SRT or to share in the proceeds at the time of dissolution. VALLEY SPECIAL RESPONSE TEAM OPERATIONAL AGREEMENT Arbitration pursuant to this section shall occur as follows: The jurisdictions interested in an asset shall select one (1) person (Arbitrator) to determine which agency will receive the property. If the jurisdictions cannot agree to an Arbitrator, the chiefs of the jurisdictions participating in the SRT upon dissolution shall meet to determine who the Arbitrator will be. The Arbitrator may be any person not employed by the jurisdictions that desire the property. 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. At the conclusion of the jurisdiction is to receive be final and shall not be presentation, the Arbitrator shall determine which the property. The decision of the Arbitrator shall the subject of appeal or review. Xlll. LIABILITY, HOLD HARMLESS, AND INDEMNIFICATION It is the intent of the participating jurisdictions to provide services of the SRT without the threat of being subject to liability to one another and to fully cooperate in the defense of any claims or lawsuits arising out of or connected with SRT actions that are brought against the jurisdictions. To this end, the participating jurisdictions agree to equally share responsibility and liability for the acts or omissions of their participating personnel when acting in furtherance of this Agreement. In the event that an action is brought against any of the participating jurisdictions, each jurisdiction shall be responsible for an equal share of any award for or settlement of claims of damages, fines, fees, or costs, regardless of which jurisdiction or employee the action is taken against or which jurisdiction or employee is ultimately responsible for the conduct. The jurisdictions shall share equally regardless of the number of jurisdictions named in the lawsuit or claim or the number of officers from each jurisdiction named in the lawsuit or claim. This section shall be subject to the conditions and limitations set forth in subsections A through G below. Ao Jurisdiction Not Involved In SRT Response. In the event that a jurisdiction or its personnel were not involved in the SRT response to the incident that gives rise to a claim or lawsuit, and judgment on the claim or lawsuit does not, in any manner, implicate the acts of a particular jurisdiction or its personnel, such jurisdiction shall not be required to share responsibility for the payment of the judgment or award. Intentionally Wronqful Conduct Beyond the Scope of Employment. Nothing herein shall require, or be interpreted to require indemnification or payment of any judgment against any SRT personnel for intentionally wrongful conduct that is outside of the scope of employment of any individual or for any judgment of punitive damages against any individual or jurisdiction. Payment of any award for punitive damages shall be the VALLEY SPECIAL RESPONSE TEAM 5 OPERATIONAL AGREEMENT sole responsibility of the person or jurisdiction that employs the person against whom such award is rendered. Collective Representation and Defense. The jurisdictions may retain joint legal counsel to collectively represent and defend the jurisdictions in any legal action. Those retaining joint counsel shall share equally the costs of such representation or defense. In the event a jurisdiction does not agree to joint representation, the jurisdiction shall be solely responsible for all attorneys fees accrued by its individual representation or defense. The jurisdictions and their respective defense counsel shall make a good faith attempt to cooperate with other participating jurisdictions by, including but not limited to, providing all documentation requested, and making SRT members available for depositions, discovery, settlement conferences, strategy meetings, and trial. 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. Eo Settlement Process. It is the intent of this Agreement that the jurisdictions act in good faith on behalf of each other in conducting settlement negotiations on liability claims or lawsuits so that, whenever possible, all parties agree with the settlement or, in the alternative, agree to proceed to trial. In the event a claim or lawsuit requires the sharing of liability, no individual jurisdiction shall be authorized to enter into a settlement agreement with a claimant or plaintiff unless all jurisdictions agree with the terms of the settlement. Any settlement made by an individual jurisdiction without the agreement of the remaining jurisdictions, when required, shall not relieve the settling jurisdiction from paying an equal share of any final settlement or award. Defense Waiver. This section shall not be interpreted to waive any defense arising out of RCW Title 51. Insurance. The failure of any insurance carrier or self-insured pooling organization to agree to or follow the terms of this section shall not relieve any individual jurisdiction from its obligations under this Agreement. VALLEY SPECIAL RESPONSE TEAM 6 OPERATIONAL AGREEMENT XlV. NOTICE OF CLAIMS, LAWSUITS, AND SETTLEMENTS In the event a claim is filed or lawsuit is brought against a participating jurisdiction or its employees for actions arising out of their conduct in support of SRT operations, the jurisdiction shall promptly notify the other jurisdictions that the claim or lawsuit has been initiated. Any documentation, including the claim or legal complaints, shall promptly be provided to each participating jurisdiction. Any jurisdiction or member who believes or knows that another jurisdiction would be liable for a claim, settlement, or judgment that arises from a SRT action or operation, shall have the burden of notifying each participating jurisdiction of all claims, lawsuits, settlements, or demands made to that jurisdiction. In the event a participating jurisdiction has a right, pursuant to section XIII of this Agreement, to be defended and held harmless by another participating jurisdiction, the jurisdiction having the right to be defended and held harmless shall promptly tender the defense of such claim or lawsuit to the jurisdiction that must defend and hold the other harmless. XV. COMPLIANCE WITH THE LAW The SRT and all its members shall comply with all federal, state, and local laws that apply to the SRT. XVl. ALTERATIONS This Agreement may be modified, amended, or altered by agreement of all participating jurisdictions and such alteration, amendment, or modification shall be effective when reduced to writing and executed in a manner consistent with paragraph XX of this Agreement. XVll. RECORDS Each jurisdiction shall maintain training records related to the SRT for a minimum of seven (7) years. A copy of these records will be forwarded and maintained with the designated SRT Training Coordinator. All records shall be available for full inspection and copying by each participating jurisdiction. XVlII. FILING Upon execution hereof, this Agreement shall be filed with the city clerks of the respective participating municipalities, the Director of Records and Elections of King County, the secretary of state, and such other governmental agencies as may be required by law. XlX. 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. VALLEY SPECIAL RESPONSE TEAM 7 OPERATIONAL AGREEMENT XX. 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 Date City Clerk, City of Renton Date 5'-~-~3 Date City )k'tl~rney, City of R~'r~on Dat~ 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 F~ Manager' City of Federal Way / / D~'te · / ~' O'le'r~-, City of Federal ~'V Date City Attorney, City of Federal Way Date Executive Director, Port of Seattle Date Port Counsel, Port of Seattle Date VALLEY SPECIAL RESPONSE TEAM 8 OPERATIONAL AGREEMENT