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RES4155CITY OF RENTON, WASHINGTON RESOLUTION NO. 4155 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO INTERLOCAL AGREEMENTS WITH GOVERNMENT AGENCIES FOR THE VALLEY SPECIAL WEAPONS AND TACTICS (VSWAT) TEAM TO PROVIDE VSWAT SERVICES ON AN "AS NEEDED" BASIS. WHEREAS, political subdivisions of the state are authorized by the Interlocal Cooperation Act, RCW 39.34, to enter into interlocal agreements; and WHEREAS, the municipalities of Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle (hereinafter "participating agencies") have, by Interlocal Agreement, formed a multi-jurisdictional team, known as the Valley Special Weapons and Tactics Team (hereinafter "VSWAT") to respond to high risk criminal occurrences; and WHEREAS, the Mutual Aid Peace Officers Powers Act, RCW 10.93, allows for the provision of mutual aid by and between law enforcement agencies; and WHEREAS, there are numerous jurisdictions in King County that are not participants in the VSWAT and that do not have the resources to form a SWAT team but do, from time to time, require such specially trained personnel to address a law enforcement need in the non- participating jurisdiction; and WHEREAS, the police chiefs of the participating agencies have formed an Operations Board to oversee the operations ofthe VSWAT; and WHEREAS, the VSWAT has provided assistance to non-participating jurisdictions pursuant to the Mutual Aid Peace Officers Powers Act, RCW 10.93, without any written agreement with the requesting jurisdiction; and 1 RESOLUTION NO. 4155 WHEREAS, the VSWAT Operations Board has determined that as these requests become more frequent, and before aid is provided to any non-participating jurisdiction, there should be a written agreement with any non-participating jurisdiction regarding the provision of aid by the VSWAT, establishing the rights, duties, and responsibilities ofthe agencies in their dealings with each other; and WHEREAS, the participating agencies, and their legislative bodies, when necessary, have reviewed and approved the form of agreement attached hereto as Exhibit A, which sets out the standards to be observed when deciding whether to render aid; and WHEREAS, the VSWAT Operations Board will adhere to the standards set out in Exhibit A, there is no need to return to the City Council for approval of any agreement that is, in form and substance, consistent with Exhibit A; and WHEREAS, it is necessary to document the terms and conditions of Interlocal Agreements between agencies; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. The Mayor and City Clerk are hereby authorized to enter into Interlocal Agreements between the City of Renton and agencies requesting the services of the Valley Special Weapons and Tactics team, to establish the terms that will govern the rights, duties, and responsibilities ofthe agencies in their dealings with each other as regards to the provision of the services by the Valley Special Weapons and Tactics team to those jurisdictions that are not participants in the Valley Special Weapons and Tactics team. 2 RESOLUTION NO. 4155 PASSED BY THE CITY COUNCIL this lOthday of September , 2012. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this 10th day of September , 2012. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney / . ' RES.1569:8/6/12:scr 3 RESOLUTION NO. 4155 Exhibit A RESOLUTION NO. 4155 INTERLOCAL AGREEMENT FOR SERVICES OF VALLEY SPECIAL WEAPONS AND TACTICS TEAM TO (NON- PARTICIPATING JURISDICTION) THIS INTERLOCAL AGREEMENT is effective upon the date executed by all parties. In consideration of the mutual covenants below, the parties agree as follows: 1. PARTIES. The parties to this Agreement are (non-participating jurisdiction), a political subdivision of the State of Washington, and the municipalities of Auburn, Federal Way, Kent, Renton, and Tukwila, each of which is a municipal corporation, and the Port of Seattle, a port district, operating under the laws of the State of Washington. 2. AUTHORITY. This Agreement is entered into pursuant to Chapters 10.93 (Washington mutual aid peace officers powers act) and 39.34 (Interlocal Cooperation Act) of the Revised Code of Washington. 3. PURPOSE. The (non-participating jurisdiction) does not participate in the Valley Special Weapons and Tactics Team ("VSWAT"), but desires to have the VSWAT available to respond to serious criminal occurrences in its jurisdiction, if necessary. Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of Seattle, have previously executed an interlocal agreement to organize and operate the VSWAT and might agree to allow the VSWAT to assist the (non-participating jurisdiction) under certain circumstances. This Agreement is intended to reflect the applicable terms and conditions between the parties if the VSWAT's services are provided to the (non- participating jurisdiction). 4. DURATION AND TERMINATION. The term of this Agreement shall be effective through December 31, 2012. This Agreement shall automatically extend for consecutive one (1) year terms, unless earlier terminated pursuant to the terms of this Agreement. Any party to this Agreement may terminate this Agreement by providing written notice of its intent to terminate to all other parties. A notice of termination shall become effective thirty (30) days after service of the notice on the contract representatives, set forth below, for all other parties. In the event that a party does not generally and consistently comply with the commitments outlined in this Agreement, the issue will be presented to the VSWAT Operations Board for final resolution. Remedies may include establishing a timeline for compliance, a temporary reduction in involvement for a prescribed period of time, or termination of the Agreement. 5. REQUEST FOR ASSISTANCE. The Chief of Police for (non- participating jurisdiction) or any commissioned officer who is expressly authorized herein may request the assistance and services of the VSWAT. Such request shall be directed to the Lead VSWAT Commaner. The VSWAT may or may not agree to provide its services, at the sole discretion of the Lead VSWAT Commander. The Lead VSWAT Commander may refer to the VSWAT ILA for non participating agency Page 1 of 7 RESOLUTION NO. 4155 Callout Criteria of the Valley SWAT Team Policy Manual and any other relevant considerations when deciding whether to provide the services of the VSWAT. Nothing in this Agreement shall be deemed to obligate Auburn, Federal Way, Kent, Renton, Tukwila, or the Port of Seattle, to make their members of the VSWAT available to the (non-participating jurisdiction). (name & rank or position) or (name & rank or position) is authorized to request VSWAT assistance on behalf of (non-participating jurisdiction). 6. CHAIN OF COMMAND. If the request for assistance and services is granted, the (non-participating jurisdiction) representative shall notify the Lead VSWAT Commander ofthe identity of a command level officer from the (non- participating jurisdiction) who shall act as the Incident Commander for the (non- participating jurisdiction) (hereinafter "Incident Commander"). The Incident Commander for (non-participating jurisdiction) shall assume overall command and responsibility for the incident. The Incident Commander shall establish a command post outside the inner perimeter away from the suspect's line of sight and fire. The Incident Commander shall consult with the VSWAT Tactical Commander and evaluate the tactical options presented by the VSWAT Tactical Commander. Once the Incident Commander has authorized a tactical plan to accomplish the mission, the VSWAT Tactical Commander assumes command with respect to the implementation of the plan. If the Incident Commander and VSWAT Tactical Commander cannot agree on a tactical plan, the VSWAT shall leave the scene. (non- participating jurisdiction) shall then handle the situation with its own resources. 7. VSWAT OPERATIONS. If the VS WAT's services are provided to the (non-participating jurisdiction) the team will generally operate in accordance with the Valley SWAT Team Policy Manual, with any modifications deemed appropriate by the VSWAT Tactical Commander for the circumstances. 8. COMPENSATION. (non-participating jurisdiction) agrees to reimburse the other parties to this Agreement for all reasonable and necessary costs incurred in connection with the provision of services by the VSWAT as a result of the VSWAT call-out to the (non-participating jurisdiction) including, but not limited to, the cost of repairing or replacing any property, and all incidental expenses incurred by the VSWAT team members in providing services pursuant to the request for services by (non-participating j urisdiction). 9. ACCEPTANCE OF LIABILITY BY (non- participating jurisdiction). (non-participating jurisdiction) agrees that any liability or claim arising out of the actions or inactions of the members of the VSWAT acting within the course and scope of their duties when the VSWAT provides services at the request of _ (non-participating jurisdiction) shall be the responsibility of (non- participating jurisdiction) . This provision is intended to expressly allocate liability by written agreement as authorized by RCW 10.93.040 and is controlling over the default liability VSWAT ILA for non participating agency Page 2 of 7 RESOLUTION NO. 4155 allocation set forth in RCW 10.93.040. This provision is not intended to require indemnification or payment of any judgment against any individual or party for intentional wrongful conduct outside the scope of employment of any member of the VSWAT or of any judgment for punitive damages against a VSWAT member or party to this Agreement. Payment of punitive damages, if any, shall be the sole responsibility of the individual against whom said judgment is rendered and/or his or her employer if that employer elects to make said payment. In furtherance of the above provision, (non-participating jurisdiction) agrees to hold harmless, indemnify, and defend, with counsel reasonably acceptable to the other parties and any named officers, the other parties to this Agreement and their officers, officials and employees from any loss, claim or liability arising from or out of any alleged or actual negligent tortious actions or inactions of the VSWAT, its members and supervisors, that might occur or allegedly occur while (non-participating jurisdiction) receives the assistance of VSWAT within its jurisdiction. In the event that a claim or lawsuit is brought against a party or its employee(s) for actions arising out of their conduct in the operation of the VSWAT, such party shall promptly notify the other parties that said claim or lawsuit has been filed or commenced. The parties to this Agreement and their respective legal counsel shall, to the extent reasonably possible and consistent with the best interests of their respective clients, cooperate with the defense of any lawsuit arising out of the operations of the VSWAT; provided this cooperation does not require the parties to share any out of pocket litigation costs. Said costs will be the responsibility of (non-participating jurisdiction). Upon request by another party, each party shall disclose to the other parties the terms of their respective liability insurance policies to allow for coordination of coverage. The consent of any liability insurance carrier or self-insured pool or organization is not required to make this Agreement effective between the parties, and the failure of any insurance carrier or self-insured pooling organization to agree to follow the terms of this Agreement on liability allocation shall not relieve any party from its obligations under this agreement. 10. INTERLOCAL COOPERATION ACT PROVISIONS. No special budget or funds are anticipated, nor shall any be created. It is not intended that a separate legal entity be established to conduct this cooperative undertaking, nor is there any acquisition, holding, or disposal of real or personal property other than as specifically provided within the terms of this Agreement. Upon execution hereof, this Agreement shall be filed with the city clerks of the respective participating municipalities, and such other governmental agencies as may be required by law. 11. AUTHORIZATION TO ENFORCE LAWS. While this agreement is entered pursuant to Chapter 39.34 RCW entitled, "Interlocal Cooperation Act," this agreement shall, pursuant to RCW 10.93.070(1), also constitute the prior written consent of the sheriff or chief of police of each participating agency for the purposes of authorizing officers of VSWAT to enforce the laws of this state within their respective jurisdictions, and to that end, the sheriff or VSWAT ILA for non participating agency Page 3 of 7 RESOLUTION NO. 4155 police chief of each participating agency consents to the full exercise of peace officer powers within his or her jurisdiction by any properly certificated or exempt officer engaged in VSWAT related activities. 12. DISPUTE RESOLUTION. For the purpose of this Agreement, time is of the essence. Should any dispute arise concerning the enforcement, breach or interpretation of this Agreement, the parties shall first meet in a good faith attempt to resolve the dispute. In the event the dispute is not resolved, it shall be resolved by binding arbitration pursuant to RCW 7.04A, as amended, and the Mandatory Rules of Arbitration (MAR); and venue shall be placed in King County, Washington and the laws of the State of Washington shall apply. 13. AUTHORIZATIONS. By signing below, the signor certifies that he or she has the authority to sign this Agreement on behalf of the party, and the party agrees to the terms of this Agreement. This Agreement shall be executed pursuant to an appropriate resolution or ordinance of the governing body of each jurisdiction, where necessary. 14. CONTRACT REPRESENTATIVES. Each party shall have a contract representative. Each party may change its representative upon providing written notice to the other party. The parties' representatives are as follows: Port of Seattle: Chief Colleen Wilson, or her successor City of Auburn: Chief Bob Lee, or his successor City of Federal Way: Chief Brian Wilson, or his successor City of Kent: Chief Ken Thomas, or his successor City of Renton: Chief Kevin Milosevich, or his successor City of Tukwila: Chief Mike Villa, or his successor Chief or his/her successor (non-participating j urisdiction) 15. ENTIRE AGREEMENT. The parties agree that this Agreement is the complete expression of its terms and conditions. Any oral or written representations or understandings not incorporated in this Agreement are specifically excluded. 16. SEVERABILITY. If any part, paragraph, section or provision of this Agreement is held to be invalid by any court of competent jurisdiction, such adjudication shall not affect the validity of any remaining section, part, or provision of this Agreement. 17. SIGNED COUNTERPARTS. This Agreement may be executed by counterparts and be valid as if each authorized representative had signed the original document. 18. EFFECTIVE DATE. This Agreement shall be deemed effective upon the last date of execution by the last authorized representative. VSWAT ILA for non participating agency Page 4 of 7 RESOLUTION NO. 4155 PORT OF SEATTLE Chief Colleen Wilson Tay Yoshitani, Executive Director Attest: Bv: CITY OF AUBURN Bob Lee, Chief of Police Peter B. Lewis, Mayor Attest: By: CITY OF FEDERAL WAY Sheriff Brian Wilson Skip Priest, Mayor Attest: By: CITY OF KENT VSWAT ILA for non participating agency Page 5 Date: Date: Approved as to Legal Form: Paul Bintinger, Port Counsel Date: Date: Approved as to Legal Form: Steven L. Gross, Assistant City Attorney Date: Date: Approved as to Form: Patricia Richardson, City Attorney Date: RESOLUTION NO. 4155 Ken Thomas, Chief of Police Suzette Cooke, Mayor Attest: By: CITY OF RENTON Chief Kevin Milosevich Denis Law, Mayor Attest: By: Bonnie Walton, City Clerk CITY OF TUKWILA Mike Villa, Chief of Police Jim Haggerton, Mayor Attest: By: , City Clerk CITY OF , Chief of Police VSWAT ILA for non participating agency Page 6 Date: Approved as to Form: Pat Fitzpatrick, Deputy City Attorney Date: Date: Approved as to Form: Zanetta L. Fontes, Sr. Ass't City Attorney Date: Date: Approved as to Form: , City Attorney Date: RESOLUTION NO. 4155 Date: , Mayor/City Manager Attest: Approved as to Legal Form: By: , Counsel for VSWAT ILA for non participating agency Page 7 of 7