[Stamp] jrr658
#23clipboard
AMENDED AND RESTATED INTERLOCAL COOPERATIVE
AGREEMENT 
FOR THE CREATION AND MAINTENANCE OF THE PUGET SOUND
AUTO THEFT TASK FORCE. 

1. PARTIES 
The parties to this Agreement are the Washington State Patrol, Pierce County
Sheriff's Office, and the Municipalities of Auburn, Bonney Lake, Buckley,
Federal Way, Kent, Lakewood, Puyallup, Tacoma, Tukwila, and the Port of
Seattle, each of which is a state, county, or municipal corporation operating
under the laws of the State of Washington. 
Parties may be added or removed by the process outlined in Section 7. 
Changes to membership, including any additions or removals, will be reflected as
an addendum to this agreement. 
2. AUTHORITY 
This Agreement is entered into pursuant to Chapters 10.93,39.34, and53.08 of the
Revised Code of Washington. 
3.   PURPOSE/FORMATION 
The parties to this Agreement wish to establish and maintain a multijurisdictional
team to effectively investigate and enforce the laws relating to 
auto theft; hereafter known as the Puget Sound Auto Theft Task Force
("PSATT" or "Task Force" in this Agreement). This Agreement does not replace
any previously executed interlocal agreements by the parties to provide backup 
law enforcement services. The parties do not intend to create a separate legal
entity subject to suit through this agreement. 
4. STATEMENT OF PROBLEM 
The Washington State Legislature recognized that automobiles are an essential
part of our everyday lives in passing the Washington Auto Theft Prevention Act in
2007. The family car is typically the second largest investment a person owns, the
theft of which causes a significant loss and inconvenience to people, imposes
financial hardship, and negatively impacts their work, school, and personal

1 | P a g e         PUGET SOUND AUTO THEFT TASK-FORCE INTERLOCAL AGREEMENT

activities. Appropriate, meaningful, and proportionate penalties should be imposed
on those who steal motor vehicles. 
King County, Pierce County, and the municipalities therein have experienced
increases to urbanization and population densities resulting in a rise in crime
associated with auto theft. This increase has stretched the resources of individual
police department investigative units. 
Historically, law enforcement efforts focused on auto theft were predominately
conducted by agencies working independently. A multi-jurisdictional approach to 
auto theft investigations has many benefits, including: the more effective use of
personnel, improved utilization of funds, reduced duplication of equipment,
improved training, development of specialized expertise, and improved information
sharing. This approach, such as the one detailed in this Agreement, results in
improved services for all participating jurisdictions and increase safety for the
communities they serve through improved auto theft prosecution. 
5. TASK FORCE OBJ ECTIVES 
The assigned personnel from each participating jurisdiction forms the Puget
Sound Auto Theft Task-Force, which will serve the combined service areas of all
the participating jurisdictions. 
PSATT's objective is to provide enhanced and more efficient use of personnel,
equipment, budgeted funds, and training to investigate and aid in the prosecution of
prolific or organized auto theft crimes. PSATT may respond as able to requests for
assistance by any participating jurisdiction or by other law enforcement agencies
pursuant to chapter 10.93 RCW. 
6.  GOVERNANCE 
The Task Force shall be governed by an Executive Board ("Board") composed of
one member from each participating jurisdiction that has at least one full-time
employee assigned to the Task Force ("Board Member"). Each Department Head 
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 where the decision is made. A quorum of the Board must be present for
any vote to be valid. A presiding officer shall be elected by the Board together with

2 | P a g e         PUGET SOUND AUTO THEFT TASK-FORCE INTERLOCAL AGREEMENT

such other officers as a majority of the Board may deem appropriate. 
A Lead Administrative Agency shall be selected by the Board. The other
participating agencies are sub-recipients. The Lead Administrative Agency shall
be responsible for establishing proper accounting procedures, an audit-trail, and
the collection and provision of required reports and statistics. 
The Board shall meet quarterly, unless otherwise determined by the Board. Any
Board Member may call extra meetings as appropriate. The presiding officer shall
provide no less than forty-eight (48) hours' notice of all meetings to all members of
the Board; PROVIDED, however, that in emergency situations, the presiding officer
may conduct a telephonic meeting or a poll of individual Board Members to resolve
any issues related to such emergency. 
The Board may, at its discretion, adopt policies, regulations, and operational
procedures that shall apply to Task Force operations. Officers assigned to the
Task Force remain employees of their employing agency and are subject to the
policies of their employing agency. To the extent that the written policies,
regulations, and operational procedures of the Task Force conflict with the
written policies, regulations, and operational procedures of the individual
jurisdictions, the Task Force members will adhere to the written policies,
regulations, and procedures of their employing agency. 

7. DURATION, MEMBERSHIP, AND TERM INATION 
A. Term. 
The term of this Agreement shall be one (1) year, effective upon its adoption and
consistent with the Washington Auto Theft Prevention Authority (WATPA) grant
period. This Agreement shall automatically extend for consecutive one (1) year
terms conditioned upon the receipt of funding through the WATPA grant process. 
B. Membership  Additions and Withdrawals. 
A majority vote of the Board may approve the addition of an Agency to the Task
Force. Each addition will be memorialized in the minutes of the meeting in which
the Board approves the addition and be evidenced by an addendum to this
agreement. 

3 | P a g e         PUGET SOUND AUTO THEFT TASK-FORCE INTERLOCAL AGREEMENT

A participating jurisdiction may withdraw from this agreement by providing 
thirty (30) days' written notice of its withdrawal to the other participating
jurisdictions. A participating jurisdiction's withdrawal prior to the WATPA grant's
expiration will be ineligible for related grant funds beyond reimbursement for
approved grant expenditures that accrued prior to the participating jurisdiction's 
withdrawal. Removal of a participating jurisdiction will be evidenced in an
addendum to this agreement. 
Any membership change addenda must comply with RCW 39.34.030. 
C. Termination. 
A majority vote of the Board may terminate PSATT. Any vote for termination
shall occur only when the Department Head, or his or her designee, of each
participating jurisdiction is given reasonable advanced notice of the meeting in
which such vote is taken and reasonable advanced notice that a vote to terminate
PSATT is forthcoming at the Board meeting. The participating jurisdictions may
completely terminate this Agreement by mutual agreement in writing. Upon 
termination of this Agreement, any assets acquired by the Puget Sound Auto Theft
Task-Force with grant funds shall be distributed by the Board upon a majority vote
of all Board members or their designees. 
Termination of this Agreement or the withdrawal of a party shall not extinguish
those obligations described in Section 16 and 17 of this Agreement with respect to
the withdrawing party as to any incident occurring before the withdrawal of the
party. Those obligations described in Section 16 and 17 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. 
8. COMMAN D AN D CONTROL 
In the event of a mobilizing incident, the primary agency will be the agency in
whose jurisdiction the incident has occurred. The primary agency shall appoint a
command level officer to serve as Incident Commander to be the officer in charge
of the local event. The Incident Commander retains full authority and control
throughout the incident and shall make any decision as to the resolution of the
incident.

4 | P a g e         PUGET SOUND AUTO THEFT TASK-FORCE INTERLOCAL AGREEMENT

9.  TASK FORCE STAFF 
Upon adoption of this Agreement, the staff listed below shall be assigned and
serve at the pleasure of the Board. The Board shall have authority to determine
which participating jurisdictions will contribute staff and shall have authority to
approve of staff assigned by a party. The Board may change, eliminate, or add staff
positions as deemed appropriate. The Board shall, to the best of its ability,
determine which participating jurisdictions may provide staff for the various
positions during the previous year's budget cycle. A staff member of the Task
Force may be removed from his or her position for any reason by majority vote of
the Board or by the chief/sheriff of his or her employing jurisdiction. All Task
Force staff members shall be in good standing with their employing jurisdiction at
all times during their service on the Task Force. 
Commander: A Task Force Commander with the rank of Commander or
Captain (or command level equivalent) from his/her employing jurisdiction
shall be appointed by the Board. The Commander shall act as the principal
liaison between the Board and Task Force staff. The Commander shall operate
under the direction of the presiding officer of the Board. The Commander shall
be responsible for informing the Board on all matters relating to the function,
expenditures, accomplishments, and challenges of the Task Force. 
The Commander shall prepare monthly written reports to the Board on the
actions, progress, and finances of the Task Force. The Commander shall be
responsible for presenting any policies, regulations, and operational procedures and
revisions for Board review and approval. 
Supervisor: The Task Force shall have two (2) Supervisors with the rank of
Sergeant or equivalent from their respective employing jurisdiction; one (1)
supervisor position will be funded by WATPA and appointed by the Board, and
one (1) non-WATPA-funded supervisor positions will be provided by the
Washington State Patrol. The Task Force Supervisors shall act as the first level
supervisors for the Task Force and shall report directly to the Commander. 
Detective: The Task Force shall have WATPA-funded detectives assigned from
participating jurisdictions that are appointed by the Board and non-WATPA-

5 | P a g e         PUGET SOUND AUTO THEFT TASK-FORCE INTERLOCAL AGREEMENT

funded detectives provided by WSP. The number of detectives is dependent on the
WATPA grant award and the WSP budget amounts provided to the Task Force. 
Crime Analyst: Subject to WATPA funding, PSATT shall have one (1)
WATPA-funded crime analyst provided by one of the participating jurisdictions. 
Prosecutor: Subject to WATPA funding, PSATT shall have one (1)
prosecuting attorney provided by the King County Prosecutor's Office or the
Pierce County Prosecutor's Office to provide direct access to legal support for
improved communication and prosecution of auto theft cases investigated by the
Task Force. 
Pursuant to RCW 10.93.040, personnel assigned to the Task Force are 
considered employees of their employing jurisdiction, which shall be solely and
exclusively responsible for that employee. All rights, duties and obligations of the
employer shall remain with the employing jurisdiction. Each participating 
jurisdiction will comply with all applicable employment laws and any applicable
collective bargaining agreements or civil service rules and regulations. 
10. EQUIPMENT, TRAINING, AND BUDGET 
Equipment, training, and eligible expenses will be paid by PSATT as
provided in the WATPA grant through the Lead Administrative Agency's
finance department. A participating jurisdiction that incurs expenses not
provided in the WATPA grant is responsible for those expenses. As provided
in the WATPA grant, each participating jurisdiction shall provide a monthly
expenditure invoice to the Lead Administrative Agency's finance department
documenting those expenses that are eligible for reimbursement through the
WATPA grant. 
Each participating jurisdiction will provide a vehicle for each full-time 
Employee assigned by that participating jurisdiction to PSATT. The
participating jurisdiction is responsible for the operating costs and maintenance
of vehicles provided to its employees assigned to PSATT. 
11. OVERTIME 
Overtime funds shall not exceed the amount budgeted in the WATPA grant
award. A Task Force Supervisor must pre-approve overtime expenditures.

6 | P a g e         PUGET SOUND AUTO THEFT TASK-FORCE INTERLOCAL AGREEMENT

Overtime is eligible for reimbursement only if: (1) a Task Force Supervisor
authorized the overtime; (2) the overtime activity is specifically related to auto
theft prevention efforts; and, (3) WATPA funds are available. When budgeted
overtime funds are depleted, no overtime expenditures will be authorized by the
PSATT or WATPA and any overtime incurred by a Task Force staff member
shall be the responsibility of the employing jurisdiction. 
12. REIMB URSEMENT OF FUNDS 
Participating jurisdictions requesting reimbursement for approved expenditures
must submit appropriate invoices and itemized receipts monthly, and no more
frequently than once each month, for actual expenses incurred. Sub-recipients shall
submit all bills for reimbursement to the Lead Administrative Agency to ensure
that those bills comply with grant policies and regulations prior to the Lead
Agency submitting all reimbursements together to WATPA for payment. Each
reimbursement request must contain a completed WATPA reimbursement request
expenditure form. Reimbursements will be made for actual expenses based upon
the available budgeted amounts provided in the WATPA grant award. The
participating jurisdiction is responsible for timely submittal of billing
documentation and data reporting to the Lead Administrative Agency.
Expenditures made prior to the award date or after the grant expiration date are not
authorized and will not be reimbursed. 
WATPA will reimburse participating jurisdictions upon submittal of billing
documentation, as outlined in the WATPA grant award. Requests for
reimbursement for per diem (meal and travel expenditures) must be accompanied
by an itemized receipt detailing the item purchased. Copies of timesheets are
required for overtime reimbursement. Reimbursement will be made only up to the
amount of the WATPA grant award limit for this expense type. Any cost above
and beyond the award limit is the responsibility of the employing jurisdiction. 
13. RECORDS 
Each participating jurisdiction shall maintain and manage records related to
PSATT in conformance with the Public Records Act (Chapter 42.56 RCW) and
the Washington State Secretary of State's records retention schedule or the

7 | P a g e         PUGET SOUND AUTO THEFT TASK-FORCE INTERLOCAL AGREEMENT

participating jurisdiction's unique records retention schedule so long as such
unique retention schedule meets or exceeds the requirements of state law. All
records relating to PSATT kept by a participating jurisdiction shall be available for
full inspection and copying by any other participating jurisdiction. Records related
to PSATT include but are not limited to bi-annual WATPA reporting, invoices,
and requests for reimbursement along with supporting documentation. 
Any party to this Agreement that receives a Public Records Act request related
to PSATT shall notify every other jurisdiction participating in this Agreement of
the request within two (2) business-days. All participating jurisdictions will search
their records to locate and produce responsive documents in a prompt manner to
support meeting notification and response requirements under the Public Records
Act and will identify those responsive records produced that are or may be exempt
from disclosure under state law. 
Criminal investigation reports generated by the Task Force will be maintained
in the records systems of the employing jurisdiction of the primary Task Force
staff member who created the report. The primary investigator of an incident or
case may include in his or her report supplemental reports that are also filed with
another agency by Task Force members. 
14. POLITICAL ACTI VITI ES PROHIBITED 
No government funds, including WATPA award funds, may be used for or
against ballot measures or the candidacy of any person for public office. 

15. PRESS RELEASES 
All press releases related to Puget Sound Auto Theft Task-Force activity must
be authorized by the Task Force Commander, who will coordinate the press
release with the police agencies in whose jurisdictions the incident has taken 
place. In the event that a press release is associated with a public service
announcement or public outreach efforts, the Task Force Commander will
coordinate the press release with the Board. 
16. LIABILITY AND INDEMNIFICATION 

8 | P a g e         PUGET SOUND AUTO THEFT TASK-FORCE INTERLOCAL AGREEMENT

The Task Force staff assigned by the employing jurisdiction shall continue
under the employment of that jurisdiction for purposes of any losses, claims,
damages, or liabilities arising out of or related to the services provided to the Task
Force or the activities of the Task Force. Each participating jurisdiction agrees to
hold harmless, defend, and indemnify the other participating jurisdictions in the
Task Force in any action arising from the negligence of the employees of that
jurisdiction including all costs of defense including attorney's fees. 
A. Collective Representation and Defense. 
The jurisdictions may retain joint legal counsel to collectively represent and
defend the jurisdictions in any legal action. In the event a jurisdiction does not
agree to joint representation, that jurisdiction shall be solely responsible for all
attorney fees accrued for its individual representation or defense. The jurisdictions
and their respective defense counsel shall make a good faith attempt to cooperate
with other participating jurisdictions. Cooperation includes, but is not limited to,
providing all documentation requested and making Task Force members available
for depositions, discovery, settlement conferences, strategy meetings, and trial. 
B. Insurance. 
Each participating jurisdiction shall maintain adequate insurance through the
commercial insurance market, an insurance pool, self-insurance, or a combination
thereof. The failure of any insurance carrier or self-insured pooling organization to
agree to or follow the terms of this Agreement shall not relieve any participating
jurisdiction from its obligations under this Agreement. 
17. 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 its conduct in support of
Task Force operations, that jurisdiction shall promptly notify the other
participating jurisdictions of the claim or lawsuit. Any documentation, including
the claim or legal complaints, shall be provided to each participating jurisdiction
within ten (10) calendar days. 
18. PRE-CLAIM FILING REQUIREMENTS 
Nothing in this Agreement shall be deemed a waiver by any participating

9 | P a g e         PUGET SOUND AUTO THEFT TASK-FORCE INTERLOCAL AGREEMENT

jurisdiction of the requirements set forth in Chapters 4.92 and 4.96 RCW, and a
participating jurisdiction providing notice or copies of a claim to another
jurisdiction pursuant to Section 17 of this Agreement 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 Chapters 4.92 and 4.96
RCW. Moreover, nothing in this Agreement 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. 
19. WRITTEN CONSENT TO ENFORCE TRAFFIC AND 
CRIMINAL LAWS 
Pursuant to Chapter 10.93 RCW, this Agreement shall constitute the prior written
consent of each sheriff or police chief of each participating jurisdiction to permit
the officers of any participating jurisdiction to enforce traffic or criminal laws in
any of the participating jurisdictions in pursuit of the purpose of this Agreement. 
20. ALTERATIONS 
This Agreement may be modified, amended, or altered by agreement of all
parties and such alteration, amendment, or modification shall be effective when
reduced to writing and executed in a manner consistent with this Agreement. 
21. FILING 
Upon execution, 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, and each jurisdiction shall, pursuant to RCW 39.34.040,
list this Agreement by subject on its official website. 
22. 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. 
23. AUTHORIZATIONS 
Pursuant to RCW 39.34.050, this Agreement shall be executed on behalf 

10 | P a g e         PUGET SOUND AUTO THEFT TASK-FORCE INTERLOCAL AGREEMENT

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 participating jurisdiction, and the participating
jurisdiction agrees to the terms of the Agreement. 
[Signature Pages Follow] 













11 | P a g e         PUGET SOUND AUTO THEFT TASK-FORCE INTERLOCAL AGREEMENT

Mayor, City of Auburn                      City Attorney, City of Auburn


City Clerk, City of Auburn


Mayor, City of Bonney Lake                    City Attorney, City of Bonney Lake


Interim City Clerk, City of Bonney Lake


Mayor, City of Buckley                         City Attorney, City of Buckley


City Clerk, City of Buckley 


Mayor, City of Federal Way                     City Attorney, City of Federal Way

12 | P a g e         PUGET SOUND AUTO THEFT TASK-FORCE INTERLOCAL AGREEMENT

City Clerk, City of Federal Way

______________________________________
Pat Fitzpatrick                              Date 
City Attorney, City of Kent


City Clerk, City of Kent                       Mayor, City of Kent


City Attorney, City of Lakewood


City Clerk, City of Lakewood                  City Manager, City of Lakewood




City Clerk, City of Puyallup


City Manager, City of Tacoma                  City Attorney, City of Tacoma
13 | P a g e         PUGET SOUND AUTO THEFT TASK-FORCE INTERLOCAL AGREEMENT

City Clerk, City of Tacoma




City Clerk, City of Tukwila


Sheriff, Pierce County                           Clerk, Pierce County 


Chief, Washington State Patrol


Executive Director, Port of Seattle                Sr. Port Counsel





14 | P a g e         PUGET SOUND AUTO THEFT TASK-FORCE INTERLOCAL AGREEMENT