AG 03-124 - AUB, KENT, RENTON, TUKWILA, PT
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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)
.'
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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"",,",.....,........,~.-
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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