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HomeMy WebLinkAboutContract • CAG-92-021 Ai • INTERLOCAL COOPERATIVE AGREEMENT COMBINED REGIONAL EMERGENCY SERVICES UNIT OPERATIONAL AGREEMENT I. PARTIES The parties to this agreement are the Cities of Auburn, 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 Revised Code of Washington Chapters 10.93 and 39.34. III. PURPOSE The parties hereto desire to establish and maintain a multi-jurisdictional Emergency Services Unit (SWAT Team). • IV. FORMATION • There is hereby established a multi-agency unit to be hereafter known as the "Combined Regional Emergency Services Unit" the members of which shall be the Cities of Auburn, 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 Incident Commander and/or SWAT Commander. V. STATEMENT OF PROBLEM King County and the municipalities within the Puget Sound area have experienced increasingly violent criminal confrontations duo to increased gang activity, increased drug abuse, increased urbanization,and increased population densities.The ability to safely control,contain,and resolve criminal confrontations such as civil disobedience, barricaded subjects, hostage situations, gang member arrests, high risk felony arrests, and narcotic/high risk search warrants has stretched the resources of the three member cities' individual Police Department specialty units (SWAT Teams). Law enforcement efforts directed at dealing with these violent confrontations have for the most part been conducted by law enforcement agencies working independently. There has been insufficient coordinated efforts at directing personnel, equipment, and training among regional Police Departments. • . . E • A multi-agency effort to handle specific serious criminal confrontations will result in more effective pooling of personnel, improved utilization of municipal funds, reduced duplication of equipment, improved training, development of specialized expertise, and increased utilization/application of a combined special response team.The results will be improved services for all the participating municipalities, increased safety for Police Officers and the community, and improved cost effectiveness. VI. DURATION The minimum term of this agreement shall be one year. This agreement shall automatically be extended for consecutive one-year periods unless one or more of the participating cities gives notice of intent to terminate participation in the unit pursuant to this agreement. Any such notice of termination shall be in writing and served on the other cities on or before January 1 of any year. Such parry's termination shall be effective on the last day of the subsequent year. Because of the requirements of municipal budgeting, such minimum one-year notice is necessary. VII. GOVERNANCE The affairs of the unit shall be governed by an Executive Board, composed of the Police Chief, or his/her designee,from each participating city.Each member of the Executive Board shall have an equal vote and voice on all board decisions. Unless otherwise provided, Roberts Revised Rules of Order shall govern all procedural matters relating to the business of the Executive Board. A presiding officer shall be elected by its members, together with such other officers as a majority of the Board may determine. There shall be a minimum of four meetings each year, and not less than fifteen days written notice shall be given to all members prior to such meeting. The first meeting shall be held in March of each year to review the prior year's service. The second meeting shall be in August of each year to review and present a budget to the participating cities. At least two other meetings shall be held each year to review the unit's activities and policies. The presiding officer, or any board member, may call extra sessions as necessary,upon a minimum of 72 hours notice. When the Board votes on any matters, a simple majority of those present shall be required for passage. A quorum must be present at each meeting for any actions to be valid. In emergency situations, the presiding officer may conduct a telephone poll of Board members to resolve any issues. The Board shall develop written policies,regulations and operational procedures within sixty(60) calendar days of the execution of this agreement. 2 • • VIII. UNIT OBJECTIVES The individual SWAT Teams from each participating municipality will consolidate into one combined special response unit servicing each participating municipality.The Combined Regional Emergency Services Unit shall also be available to outside law enforcement agencies as outlined in written policy. • The objective of the Combined Regional Emergency Services Unit shall be to provide enhanced use of personnel, equipment, budgeted funds, and training. The combined unit shall respond as requested by any of the participating municipalities and provide a coordinated effective resolution to high risk incidents. LX. STAFF A SWAT Commander, of the rank of Lieutenant, shall be appointed annually by the Executive Board.The SWAT Commander shall act as principal liaison and facilitator between the Executive Board and the members of the unit. The Swat Commander shall operate under the direction of the presiding officer of the Executive Board. The SWAT Commander shall be responsible for informing the Board on all matters relating to the function, expenditures, accomplishments and problems of the Unit. The SWAT Commander shall prepare quarterly written reports to the Board on "the actions, progress and finances of the Unit. In addition, the Swat Commander shall be responsible for preparing all proposed budgets and presenting rules,procedures,regulations and revisions thereto for Executive Board approval. Each city.shall contribute seven full-time commissioned officer,to include at least one Sergeant, to be assigned to the Unit. The personnel assigned to the Unit shall be considered an employee of the contributing city. That city shall be solely and exclusively responsible for that employee. All rights, duties, and obligations of the employer and the employee shall remain with that individual city. Each city 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 personnel assigned by the individual cities shall be continued under the employment of that city for purposes of any loss, claims, damages or liabilities arising out of or related to the services provided to the Unit or the activities of the Unit. Each city shall hold harmless, defend and indemnify the Unit and the other member cities in any action involving the Unit activities, including payment of all attorney fees and costs. The insuring authority for each city shall provide the Unit a rider or certificate of insurance to cover activity being provided by the Unit. • X. EQUIPMENT Each participating municipality shall acquire and maintain the equipment of its participating team members. Each participating municipality shall budget funds to cover equipment, training, and expendable supplies for its participating team members. Each participating city shall budget sufficient funds to maintain equivalent equipment standards, and training standards with those of the other participating cities. Any joint capital expenditure for Unit equipment must be approved by the Executive Board. The costs of such Unit equipment shall be divided 33 1/3% to each participating city. XI. COMMAND AND CONTROL During field activation of the Unit, an Incident Commander, SWAT Commander, and Team Leader(s) will be designated. • • The Incident Commander shall be from the jurisdiction in which the incident is occurring. The Incident Commander should be a command level Officer. The Incident Commander retains full authority and control throughout the incident. The Incident Commander shall make decisions as to the resolution of the incident. The SWAT Commander shall act as a liaison between the Incident Commander and the Emergency Services Unit. The SWAT Commander shall consult with the Incident Commander and discuss tactical options. The SWAT Commander shall be responsible tp keep the Incident Commander informed of Emergency Services Unit activities. The SWAT Commander shall consult the Incident Commander with options to accomplish the mission of the Incident Commander. The SWAT Commander shall relay the mission of the Incident Commander to the Team Leaders) and assure that the mission is carried out as intended. The Team Leaders) in consultation with the SWAT Commander shall formulate tactical plans to react to the incident. The Team Leader(s) shall be responsible for completing the assigned mission as determined by the SWAT Commander and Incident Commander.The Team Leader(s) shall direct and control the actions of the team members. The Emergency Services Unit will not attempt any tactical operation that in the judgment of the SWAT Commander and Team Leader(s), unreasonably endangers the safety of the Officers assigned to the Emergency Services Unit, or for which the unit is not properly trained and/or equipped. 4 • • XII. FINANCIAL REQUIREMENTS This agreement is being entered into to establish a Combined Regional Emergency Service Unit. CONTRIBUTION: Each member city shall provide all equipment and supplies for its participating team members. Each participating city shall budget sufficient funds to update, replace, repair, and maintain the equipment and supplies utilized by its participating team members.Each participating city shall budget sufficient funds to provide for training of its participating team members. The SWAT Commander shall be responsible for preparing an annual budget proposal for review and approval be the Executive Board. Each member city shall maintain an independant budget system to account for funds allocated and expended by its participating team members. XIII. TERMINATION Termination shall be in accordance with those procedures set forth in prior sections. Each participating municipality shall retain sole ownership of equipment purchased and provided to it's participating team members. Any acquired Unit assets shall be equally divided among the participating cities at the assets fair market value upon termination. The value of the assets of the Unit shall be determined by using commonly accepted methods of valuation. If two or more participating cities desire an asset the final decision shall be made by arbitration (described below).Any property not claimed shall be declared surplus by the Executive Board and disposed of pursuant to State law for the disposition of surplus property. The proceeds from the sale or disposition of any Unit property,after payment of any and all costs of sale or debts of the agency,shall be equally distributed to those cities participating in the Unit at the time of dissolution in proportion to that city's percentage of participation in the Unit as of the date of dissolution. XIV. COMPLIANCE WITH THE LAW The Unit, and all its members shall comply with all Federal, State and local laws effecting the Unit. 5 ' . XV. ARBITRATION Any dispute between the cities concerning the application of or violation of the express terms of this agreement shall be resolved through arbitration. For purposes of arbitration, each city shall pick its own arbitrator, and those two arbitrators will select a third arbiter. A majority decision of the arbitrators shall be final and conclusive unless an aggrieved party,within ten (10)calendar days of receipt of the decision, challenges the decision of the arbitrators by serving and filing a petition for review with the Superior Court of King County, Washington. The only grounds for a petition for review shall be that the decision is: 1. Not responsive to the questions submitted; 2. Contrary to the terms of the contract; 3. Is arbitrary or is not based on applicable facts or law controlling issues submitted for arbitration. The arbitrator shall be governed by the laws of the State of Washington. The cost of arbitration shall be borne by each city paying for its own arbitrator and all other attorney fees and costs. Should all three cities participate in an arbitration,the arbitrators selected by each city shall meet and choose a fourth arbitrator who shall alone decide the matters in the dispute. XVI. FILING ' • Upon execution hereof, this agreement shall be filed with the City Clerks of the respective participating cities,the Director of Records and Elections of King County, the Secretary of State, and such other governmental agencies as may be required by law. XVII. SEVERABILITY If any part, paragraph, section or provision of this agreement is held to be invalid by any court of competent jurisdiction in the State of Washington, such adjudication shall not affect the validity of any remaining section, part or provision of this agreement. XVIII. MUNICIPAL AUTHORIZATIONS This agreement shall be executed on behalf of each participating city by its duly authorized representative and pursuant to an appropriate resolution or ordinance of each participating municipality. This agreement shall be deemed adopted when the 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. 6 XIX. ALTERATIONS ' This agreement may• be modified, amended or altered by agreement of all participating municipalities and such alteration, amendment or modification shall be effective when reduced to writing and executed in a manner provided for by this agreement XX. RECORDS The SWAT Comciander shall maintain records related to the unit. Upon dissolution of the unit, a copy of such records shall be provided to each participating city. These records shall be available for full inspection and copying by each participating agency. Date: 31 /2-- y7,..) MAYOR, CITY OF AUBURN ATTEST. Date: 3'6( 9 •-, Marilyn J. P sen, City Clerk MAYOR, CITY OF ON Date: YOR, CITY OF TUKWILA • APPROVED AS TO FORM: ATTEST: • /1"1/71-W/T\--- 13eq-,„)a) ...._ CITY ORNE C OF AUBURN/� Auburn City Clerk Q'4'Tt el--- CITY ATTORNEY, CITY OF RENTON • Avititi 1 Zg 9Z CITY ATTO Y, CITY OF TUKWILA 7 XIX. ALTERATIONS This agreement may be modified, amended or altered by agreement of all participating municipalities and such alteration, amendment or modification shall be effective when reduced to writing and executed in a manner provided for by this agreement. XX. RECORDS The SWAT Commander shall maintain records related to the unit. Upon dissolution of the unit, a copy of such records shall be provided to each participating city. These records shall be available for full inspection and copying by each participating agency. Date: 51'2—�72-- MAYOR, CITY OF AUBURN • ATTEST. Date: 31619Z, Marilyn J. P sen, City Clerk MAYOR, CITY OF ON Date: YOR, CITY OF TUKWILA • • APPROVED AS TO FORM: ATTEST: CITY ORNE C nOIF_,A�U-BURN Auburn City Clerk CITY ATTORNEY, CITY OF RENTON ItAtd 2 ZS 9Z CITY ATTO Y, CITY OF TUKWILA 7