Special Weapons and Tactics SWAT- Crisis Negotiating 2013 Interlocal Agreement�D /-/-,-)0"z--.
INTERLOCAL AGREEMENTBETWEEN THE CITIES OF BOTHELL, EDMONDS,
KIRKLAND LAKE FOREST PARK, LYNNWOOD, MILL CREEK, MONROE AND
MOUNTLAKE TERRACE; FOR THE NORTH SOUND METRO
SPECIAL WEAPONS AND TACTICS (SWAT)/
CRISIS NEGOTIATING TEAM (CNT)
THIS INTERLOCAL AGREEMENT (Agreement) is entered into by and between the
City of Bothell, a Washington municipal corporation (Bothell), the City of Edmonds, a
Washington municipal corporation (Edmonds), the City of Kirkland, a Washington municipal
corporation (Kirkland), the City of Lake Forest Park, a Washington municipal corporation (Lake
Forest Park), the City of Lynnwood, a Washington municipal corporation (Lynnwood), the City
of Mill Creek, a 'Washington municipal corporation (Mill Creek), the City of Monroe, a
Washington municipal corporation (Monroe), and the City of Mountlake Terrace, a Washington
municipal corporation (Mountlake Terrace); (collectively referred to hereinafter as Parties or
Cities).
WHEREAS, the Cities are public agencies as defined by RCW Chapter 39.34 and RCW
Chapter 10.93, and are authorized to enter into interlocal agreements to provide for joint or
cooperative actions to provide services and facilities in a manner and pursuant to forms of
governmental organization that will accord best with geographic, economic, population and other
factors influencing the needs and development of local communities; and
WHEREAS, incidents of a serious criminal nature do occur which require a need for a
specially trained and equipped unit to effectively resolve the situation. These incidents create a
demand upon the undersigned Cities respective to resources which are better and more
economically served by combining resources to form a joint specialty team called the NORTH
SOUND METRO SPECIAL WEAPONS AND TACTICS, (hereinafter SWAT Team); and
WHEREAS, the SWAT Team shall be specially trained and equipped to provide a
cooperative and joint effort among the undersigned Cities' police departments to respond to and
resolve criminal activity of a high risk nature in accordance with state and federal law.
NOW, THEREFORE, be it agreed in accordance with RCW 39.34 and RCW 10.93:
1. CREATION AND AUTHORIZATION
The undersigned Cities hereby create THE NORTH SOUND METRO SPECIAL WEAPONS AND
TACTICS (SWAT) Team. The SWAT Team is hereby authorized and directed to achieve the
objectives of this Agreement.
2. OBJECTIVE
The primary objective of the SWAT Team is to respond effectively and appropriately to
incidents which create a significant and higher safety risk for officers/detectives in the field and
the public.
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3. EXECUTIVE BOARD/SWAT STRUCTURE
The undersigned Cities hereby create an Executive Board (Board) to direct the SWAT Team.
The Executive Board shall be comprised of the Police Chiefs of all participating Cities. Based
upon recommendations from the SWAT Commander and or Board members, the Board reviews
and approves changes and updates to the SWAT Policy and Procedures Manual (SWAT Policy)
and also provides approval and gives direction on operational matters as presented and requested
by the SWAT Team Commander.
Each member of the Board shall have an equal vote and voice on all Board decisions. All
decisions, except those related to the SWAT Policy and Procedure manual, shall be made by a
majority of voting Board members, provided a quorum of five (5) Board members are present.
SWAT Policy and Procedure decisions shall require a unanimous vote from all Board members.
The Board will meet at least once a quarter.
3.1 SWAT Team Structure
3.1.1 The goal of the SWAT Team is to have- a minimum of twenty4our (24)
trained officers and one (1) Command Level Officer (SWAT Team Commander).
Staffing shall be proportional to the size of the participating city police
department's commissioned strength and the ability of that police department to
staff positions.
.3.1.2 When subsequent attrition occurs in the SWAT Team, such vacancies
shall be filled based on a mutually agreed to and managed selection process
approved by the Board.
3.1.3 The Board will determine the host police department for the SWAT Team
and the selection of the SWAT Team Commander. The SWAT Team
Commander will recommend appointments for the positions of Assistant SWAT
Team Commander and SWAT Team Leader(s) to the Board who shall have final
approval.
3.1.4 Incident command shall be the responsibility of the police department of
jurisdiction in which the incident occurs. The police department of jurisdiction
may delegate incident command responsibility to the SWAT Team Commander,
or an appointed designee in his absence, but will still be required to provide a
liaison to the SWAT Team Commander for the duration of the event.
3.1.5 Distraction devices, gas munitions, and entrance explosives will be stored
and handled per the SWAT Policy and Procedures manual and other, applicable
state and federal laws and regulations.
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3.1.6 The general specifications of SWAT equipment/weapons will be
contained within the SWAT Policy and Procedures manual.
3.1.7 SWAT policies and procedures will be standardized and agreed to by all
participating Board members including any modifications or amendments thereto.
Each Board member understands that SWAT, when activated in their respective
jurisdictions, will act in accordance with the SWAT Policy and Procedures
manual, as unanimously approved by the Board.
3.1.8 Except as provided herein, all personnel are deemed to be .continuing
employment for their respective employers when activated as members. of the
functionally consolidated SWAT Team. Each participating City shall be solely
and exclusively responsible for the compensation, benefits, and training expenses
for those personnel. All. rights, duties, and obligations of the employer and the
employee shall remain with that participating City. Each City shall be responsible
for ensuring compliance with all applicable laws with regard to employees and
with provisions on' any applicable collective bargaining agreements and civil
service rules and regulations and its disciplinary policies and procedures.
3.1.9 During field activation of the SWAT Team, an Incident Commander,
SWAT Team Commander and SWAT Team Leader(s) will be designated. The
duties and procedures to be utilized by the Incident Commander, SWAT Team
Commander and SWAT Team Leader(s) shall be set forth in the SWAT Policy
and Procedures manual approved by the Board.
3.2. Team Com o itim
The Board determines the SWAT Team composition and selection process.
3.3 Crisis Negotiating Teams
There will be a Crisis Negotiating Team (CNT) component. The Board will determine
the composition of the Team and associated selection criteria.
3.4 Policy Development and Review
3.4.1 , The Board shall determine who will coordinate development of -SWAT
Team policies and procedures.- At a minimum, such policies and procedures shall
address:
a. Appointment to Team/Team Composition
b. Risk Analysis Assessments
C. Special Procedures
Page 3 of 3
d. Munitions Storage Policy/Equipment Considerations
e. Diversionary Device Use and Deployment
f. Firearms Qualification Standards
g. Minimum Training Requirements/Fitness Standards
h. Mutual Aid Responses
3.4.2 Following policy and procedure review and approval, copies of the
SWAT Policy and Procedures manual will be provided to the police departments
of participating Cities.
4. COST SHARING/BUDGET AND FINANCE
The Parties agree to budget and finance provisions for costs incurred by or in connection with the
operations of the SWAT Team, in accordance with the following:
4.1. For purposes of general administration, the Board shall determine which City
shall be designated as the Host police department. That police department will
coordinate budgetary expenditures with all participating Cities.
4.2. All costs associated with the initial and continued outfitting of a SWAT Team
member, including but not limited to, clothing and weapons shall be the responsibility of
the employing City of any team member. This equipment shall remain the property of
the purchasing City. The maintenance and replacement of individual team member's
equipment shall be the responsibility of the employing City.
4.3. Any overtime costs associated with all deployment operations or team training of
SWAT Team members shall be the responsibility of the employing City of any team
member.
4.4. All member participating Cities understand there is need for equipment, and/or
training for specialty positions within the team, that may be utilized by any qualified
team member during the course of operations or training.
4.5. Each participating City will provide an amount of money determined by the
Board and approved through the budget processes of each participating City's legislative
body for necessary purchases per calendar year for approved operational expenditures.
The Board shall designate one (1) participating City which will establish a single SWAT
Team operational budget. Participating Cities agree to leave any money left over from
that calendar year in the SWAT operational budget, which will be` held in the account to
supplement/augment SWAT organizational operations with the approval of the Board.
4.6. By May of each year, the SWAT Team Commander will submit a proposed
operational budget request for approval to the Board, itemizing anticipated team/specialty
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training and team equipment purchase requests for the following budget cycle. Each
participating City will then submit for review and consideration the proposed operational
and team/specialty training and team equipment budget via their own budget process. All
team/specialty equipment purchases made during the calendar year will be documented
via an inventory database spreadsheet. Training and equipment for individual team
members will be the responsibility of each participating City.
4.7. During unusual occurrences, emergency expenses outside the parameters of the
approved SWAT Team operational budget can be approved and ratified by agreement
with a quorum of the Board. These expenses will be incurred only out of operational
necessity (i.e., additional overtime or supplies related to a SWAT operation).
4.8. All Parties intend that the budget and finance provision contained herein shall
support the activities of SWAT Team operations and training.
5. LIABILITY FOR INDEMNIFICATION AND DEFENSE FROM THIRD PARTY
CLAIMS
5.1 Equal Sharing of Liability
The Cities agree that liability for the negligent or unintentionally tortious actions of the
SWAT Team or any police officer or employee working for or on behalf of the SWAT
Team be shared equally on an equal shares basis between the participating Cities. It is
further the agreement of the Cities that no City should be required to pay more than an
equal share of the cost of payment of any judgment or settlement for a liability claim
which arises out of and is proximately caused by the actions of any officer, employee or
City which is acting on behalf of or in support of the SWAT Team and acting within the
scope of any person's employment or duties to said SWAT Team. This risk sharing
agreement shall not apply to judgments against any party or officer for punitive damages
or for damages resulting from intentionally tortious actions. This general agreement on
liability sharing is subject to the following terms and conditions set for the below in
Sections 5.2 to 5.10.
5.2 Hold Harmless
Each City agrees to hold harmless and indemnify the other participating Cities from any
loss, claim or liability, arising from or out of the negligent or unintentional tortious
actions or inactions of its officers and employees or each other as related to any SWAT
Team activity. Such liability shall be apportioned among the Cities equally on an equal
shares basis subject to any limitation set forth below.
5.3 Defense of Lawsuits
Each City shall be responsible for selecting and retaining legal counsel for itself and for
any employee of said City who is named in a lawsuit alleging liability arising out of
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SWAT Team operations. Each City who retains counsel for itself and/or its officers and
employees shall be responsible for paying the attorney's fees incurred by that counsel.
The Cities shall not share costs of defense among each other unless they specifically
agree to have one attorney representing all of them in.any particular legal action.
5.4 Notice of Claims and Lawsuits and Settlements
In the event that a lawsuit is brought against a participating - City, its officers and
employees for actions arising out of their conduct in support of the SWAT Team
operations, it shall be the duty of each said City to notify the other Cities that said claims
or lawsuit has been initiated. No settlement of any such claim or lawsuit by any single
City shall require equal shares contribution by any City unless it was done with the
knowledge and specific consent of the other participating Cities. Any settlement made by
any individual City or member which does not have the consent of the other participating
Cities to this Agreement will not require any sharing of payment of said settlement on
behalf of the non -consenting Cities.
5.4.1 Settlement Procedure
5.4.1(1) Any City who believes that it would be liable for a settlement or
judgment which should be equally shared by the other participating Cities to this
Agreement shall have the burden of notifying each other participating City of all
settlement demands made to that City and any claims and/or lawsuits naming that
city and/or its officers and employees for what may be a joint liability.
Furthermore, if the other participating Cities are not named as parties to the
actions, it shall be the burden of the City named in the lawsuit to keep the other
participating Cities fully apprised of all developments in the case and all
settlements demands, mediations or any other efforts made towards settlement.
Settlements require the specific consent of all participating Cities to this
Agreement before any equal share obligations for payment by all participating
Cities becomes effective.
5.4.1(2) No City shall enter into a settlement with a claimant or plaintiff
unless said settlement ends the liability of all participants to this Agreement and
on behalf of their respective employees and officers. It is the intent of this
Agreement that the Cities act in good faith on behalf of each other in conducting
settlement negotiations on liability claims or lawsuits so that, whenever possible,
all Parties to this Agreement agree with the settlement costs or, in the alternative,
that all Parties to this Agreement reject settlement demands and agree to go to
trial and share equally in any judgment incurred- as a result of the decision to go to
trial. However, in the event that a settlement demand is presented to all the
participating Cities to this Agreement and there is not unanimous consent to pay
the settlement, then and only then the following results shall occur:
Page 6 of 6
5.4.1(2)(1) The Cities shall be free to seek a separate settlement with the
claimant and/or plaintiff which would eliminate the liability of that City
and/or its officers and employees and, if such separate settlement is
reached, that City would have no responsibility to pay any proportionate
amount of any judgment rendered against the Cities and/or their officers
and employees that did not settle. A City making a separate settlement
would not have to pay any proportion amount of any subsequent
settlement that others might reach. Any City making a separate settlement
would have no right to seek any reimbursement or contribution for any
portion of a settlement which said City had reached separately with the
claimant and/or plaintiff.
5.5 Cooperation in Defense of Lmysuits
The Cities and their respective defense counsel shall, to the extent reasonably legally
possible and consistent with the best interests of their respective clients, cooperate in the
defense of any lawsuit arising out of the operations of the SWAT Team and shall agree,
wherever possible, to share non -attorney fee -related costs such as records gathering,
preparation of trial exhibits, and the retention and payment of expert witnesses.
5.6 Payment of,hid gents
Unless there is an exception as provided in paragraphs 5.4.1(2) and 5.4.1(2)(1), it is the
intention of the participating Cities under this Agreement to jointly pay any judgment on
an equal share basis for any judgment against any officer and/or employee and/or City for
negligence or unintentional tortious action arising out of their conduct in the course of
their employment or duties as SWAT Team members or in support of such SWAT Team
operations; regardless of what percentage of liability may be attributed to that
participating City or its officers and employees by way of verdict or judgment, including
the costs of any awarded plaintiff's attorney's fees and costs. It is the intent of the Parties
to add up the total combined judgment against any participating City and/or officer
and/or employee for compensatory damages and/or plaintiff's attorney's fees and costs
and to divide said total combined judgment into equal shares and each City would then
pay its equal share of the total combined judgment to satisfy the judgment. Any City
which refused to pay its equal share would then be liable to the Cities who paid that
City's share in order to satisfy a judgment plus any attorney's fees incurred in the
collection of said monies from the non-paying City.
5.7 Nothing Herein Shall Require Or Be Interpreted 'To:
5.7.1 Waive any defense arising out of RCW Title 51.
5.7.2 Limit or restrict the ability of any City, officer or employee to exercise any
right, defense or remedy which a party to a lawsuit may have with respect to
claims of third parties, including, but not limited to, any good faith attempts to
Page 7 of 7
seek dismissal of legal claims against a party by any proper means allowed. under
the civil rules in either state or federal court.
5.7.3 Cover or apportion or require proportionate payment of any judgment
against any individual or City for intentionally wrongful conduct outside the
scope of employment of any individual or for any judgment for punitive damages,
fines or sanctions against any individual or City. Payment of punitive damage
awards shall be the sole responsibility of the individual against whom said
judgment is rendered and/or his or her municipal employer, should that employer
elect to make said payment voluntarily. This Agreement does not require equal
sharing of any punitive damage awards, fines or sanctions.
5.8 Insurance Coveralie
The Cities shall, to the best of their ability, coordinate their liability insurance coverage's
and/or self -insured coverage's to the extent possible to fully implement and follow the
Agreement set forth herein. However, the consent of any liability insurance carrier or
self -insured pool or organization is not required to make this Agreement effective as
between the member Cities signing this Agreement and the failure of any insurance
carrier or self -insured pooling organization to agree or follow the terms of this provision
on liability shall not relieve any individual City from its obligation under this Agreement.
6. NON -WAIVER
A waiver by any City hereto of a breach of any other City hereto of any covenant or condition of
this Agreement shall not impair the right of the City not in default to avail itself of any
subsequent breach thereof. Leniency, delay or failure of any City to - insist upon strict
performance of any agreement, covenant or condition of this Agreement, or to exercise any right
herein given in any one or more instances, shall not be construed as a waiver or relinquishment
of any such agreement, covenant, condition or right.
7. AMENDMENTS
This Agreement may only be amended by written agreement of all the undersigned Cities that
have not terminated their respective participation under this Agreement.
8. SEVERABILITY
Should any clause, phrase, sentence or paragraph of the Agreement or its application to any party
or circumstance be declared invalid or void by a court of competent jurisdiction, the remaining
provisions of this Agreement and/or their application to other parties and circumstances, not
declared invalid or void, shall remain in full force and effect.
9. TERM AND TERMINATION
Page 8 of 8
9.1 The minimum term of this Agreement shall be one (1) year, effective upon its
adoption. This Agreement shall automatically extend for consecutive one (1) year terms
without action of the legislative bodies of the participating jurisdictions, unless and until
terminated pursuant to the terms of this Agreement.
9.2 Any Party may withdraw from and terminate participation under this Agreement
upon the giving of thirty (30) calendar days advance written notice of intent to
withdraw/terminate to the other Parties herein. Withdrawal during any calendar year
shall not entitle the withdrawing Party to a reduction or refund with respect to funds
budgeted for or otherwise, committed with respect to the withdrawing Party for any
calendar year. Termination of this Agreement and/or withdrawal -of a Party ' shall not
terminate Section 5 hereof with respect to the withdrawing Party as to any incident
arising prior to the withdrawal of the Party and Section 5 shall survive the termination of
this Agreement with respect to any cause of action, claim or liability arising on or prior to
the date of termination.
9.3 A majority of the participating Cities may terminate this Agreement at any time.
Such termination shall be set forth in a document signed by the authorized Chief
Executive Officer or designee of a majority of the participating Cities.
9.4 Upon termination of this Agreement by the participating Cities, property used
and/or in the possession of the SWAT Team pursuant to the terms and conditions of this
Agreement, including but not limited to vehicles, equipment; firearms, ammunition and
Class C low explosives, shall belong to and shall be returned to the City that provided or
paid for such items. Items that were jointly purchased by the Cities will be distributed
between the police departments on a basis agreed to in writing by the respective police
chiefs.
9.5 In the event that a City withdraws from and terminates participation under this
Agreement in accordance with Section 9.2, property that was paid for and/or provided by
that City and was used and/or in the possession of the SWAT Team pursuant to the terms
and conditions of this Agreement, including but not limited to vehicles, equipment,
firearms, ammunition and Class C low explosives, shall belong to and shall be returned to
the withdrawing/terminating City. Items that were jointly purchased by the Cities will
continue to remain with and be available for use by the SWAT Team until such time that
this Agreement is terminated in its entirety.
Page 9 of 9
10. NOTICES AND CONTACTS
Unless otherwise directed in writing, notices, reports, invoices, payments and other documents
shall be delivered to each City as follows:
City of Bothell
Attn: Police Chief
18410 101 st Ave., N.E.-
Bothell WA 98011
City of Kirkland
Attn: Police Chief
123 5th Ave.
Kirkland, WA 98033
City of Lynnwood
Attn: Police Chief/Purchasing
19321 44t" Ave., W.
Lynnwood WA 98036
City of Monroe
Attn: Police Chief
806 West Main Street
Monroe WA 98272
City of Edmonds
Attn: Police Chief
250 5t" Ave., N.
Edmonds WA 98020
City of Lake Forest Park
Attn: Police Chief
17425 Ballinger Way, N.E.
Lake Forest Park WA 98155
City of Mill Creek
Attn: Police Chief
15728 Main St.
Mill Creek, WA 98012
City of Mountlake Terrace
Attn: Police Chief
5906 232" d St., S.W.
Mountlake Terrace WA 98043
Notices mailed by any City shall be deemed effective on the date mailed. Any City may change
its address for receipt of reports, notices, invoices, payments and other documents by giving the
other Cities written notice of not less than seven (7) days prior to the effective date.
11. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of
Washington.
12. VENUE
The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of
Snohomish County, Washington.
13. EXECUTION
This Agreement may be executed in any number of counterparts, each of which shall be deemed
to be an original as against any party whose signature appears thereon, and all of which shall
together constitute one and the same instrument.
Page 10 of 10
14. FILING
As provided by.RCW 39.34.040, this Agreement shall be filed prior to its entry in force with the
Snohomish County Auditor, or, alternatively, listed by subject on the website of each
participating City.
Dated this day of
. 2013
Page 11 of 11
14. FILING
As provided by RCW 39.34.040, this Agreement shall be filed prior to its entry in force with the
Snohomish County Auditor, or, alternatively, listed by subject on the website of each
participating City.
Dated this o2 & day of 2013
CITY OF KIRKLAND
ATTEST:
By.AU4,4,
City Clerk
Dated. --
APPROVED AS TO FORM:
By: �► -
City Attorney
Dated: �//
Page 11 of 12
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ATTEST:
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Finance irector
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APPRO ED AS TO FOPM:
By:
City Attorney
Dated: (p .�
ATTEST:
By
City Clerk
Dated: 4-.go- J3
APPROVED AS TO FORM:
By:
Ci o ey
Dated:
CITY OF LAKE FOREST PARK
By:
Title: Alt
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ATTEST:
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City Clerk
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APPROVED AS TO FORM:
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APPROVED AS TO FORM:
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CITY OF MILL CREEK
Title:
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ATTEST -
By:
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APPROVED AS TO FORM:
By:
City Attorney
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CITY OF MOU nAKE TERRACE
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Page 19 of 19
Date:
To:
From:
Subject:
MEMORANDUM
August 23, 2013
Linda Hynd, Deputy City Clerk
Marlene Eager, Administrative Assistant
ILA for The North Sound Metro Special Weapons and Tactics (SWAT)
Team
Good morning Linda:
Enclosed is the Interlocal Agreement for The North Sound Metro Special Weapons and Tactic
(SWAT) Team with all of the signatures of the participating Cities. This ILA was approved by
the City Council and signed by the Mayor on June 19, 2013. This should complete our files.
I have noted that the page numbers on the bottom of each page do not correspond to the original
document. The original document indicated pages 1-12 of 12 pages plus signatory pages but the
final ILA indicates page 1 of 1, page 2 of 2 etc. with the final signatory page indicated as page 19
of 19 However, this seems to be a numbering issue as the information appears to be the same.
Please contact me if you have any questions.
Thanks,
Marlene Eager
Administrative Assistant
City of Edmonds Police Department