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HomeMy WebLinkAboutReg 2003-05-12 Item 3C - Interlocal Cooperative Agreement - Law Enforcement Emergency Mutual Aid and MobilizationCAS Number: 03-065 Meeting Date 5/12/03 Statewide Law Enforcement Emergency Mutual Aid and Mobilization Original Sponsor: Council Admin X (P.D. Admin) I Timeline: Sponsor's Summary: The Washington State Association of Sheriffs and Police Chiefs (WASPC) has developed a Washington State Law Enforcement Mutual aid/Mobilization Plan. This plan will help facilitate a coordinated response of police resources in our state to any emergency situation for the protection of life and property when local resources become overwhelmed. As a part of this plan each jurisdiction is being requested to sign and ratify the attached Interlocal Cooerative Agreement to provide mutual aid and mobilization between the many jurisdictions of King County. Recommendations: Sponsor: Forward to 5/19 Regular Meeting for formal approval. Committee: Finance and Safety Forward to COW for discussion and Regular Meeting for approval. Administration: Cost Impact (if known): Fund Source (if known): Meeting Date 5/12/03 COUNCIL AGENDA SYNOPSIS Prepared by K. Haines ITEM INFORMATION Mpyor's review 1 Council review KtYI 02c_ Original Agenda Date: 5/12/03 RECORD OF COUNCIL ACTION APPENDICES' Attachments Memo from Chief Haines dated April 28, 2003 Interlocal Agreement and Addendum "A" F &S Committee Minutes dated 5/5/03 Initials ITEM NO. MEMORANDUM City Of Tukwila Steven M. Mullet, Mayor Police Department Keith E. Haines, Chief of Police An Accredited Agency TO: Tukwila's Finance and Safety Committee Via- Mayor Steve Mullet's Office FROM: Chief Keith Haines DATE: April 28, 2003 SUBJECT: Statewide Law Enforcement Emergency Mutual Aid and Mobilization Plan ISSUE: Local police resources can be quickly overwhelmed in a severe emergency or terrorist attack. While police departments have had mutual aid agreements in place for several years, there has never been a statewide policy for mutual aid and subsequent cost recovery. The Washington State Association of Sheriffs and Police Chiefs has taken the lead on developing the Washington State Law Enforcement Mutual Aid/Mobilization Plan, hereinafter referred to as the Plan. BACKGROUND: The Emergency Management Division, State Military Department will use the plan as the basis for mobilization of police service resources in Washington State in response to major law enforcement incidents or other critical events. It should provide the framework for developing legislation and funding resources when mobilization occurs. This Plan was created for three purposes: To facilitate a coordinated response of police resources in Washington State to any emergency situation for the protection of life and property when local resources become overwhelmed. To describe the process for mobilization of police resources in Washington State in response to a law enforcement incident or other critical event that overwhelms local and mutual aid resources. This plan should also be used to mobilize fill -in resources to support communities, which have expended their resources at emergency scenes. 6200 Southcenter Blvd. Tukwila, WA 98188 Phone: (206) 433 -1808 Admin. Fax: -(206) 244 -6181; Invest. Fax: -(206) 431 -3688 To provide an educational tool for all police service and other emergency response personnel to familiarize them with the state and regional mobilization system. This plan is being distributed to all county sheriffs, police departments, state and federal law enforcement agencies, fire chiefs, fire agencies and local emergency management agencies. Recent history has shown this to be a time of civil unrest, global terrorism and natural disasters. As policing becomes more complex and the demands on local police become greater it has become imperative to develop and formalize a Statewide Plan for Mutual Aid and Mobilization. There currently is no system in place to identify costs associated with a mutual aid response and no state funding to pay for those costs. The Washington Association of Sheriff's and Chiefs of Police have agreed to develop this plan for the state and then to present it to the Washington State Legislature for consideration and adoption. WASPC envisions that this mobilization plan will be modeled after to the current statewide plan for fire service in our state. In a broader context, the United States Government has indicated in its "First Responder Initiative Grant Process" that local jurisdictions must have a plan for emergency response and be participants in mutual aid agreements, including a statewide mutual aid system. This proposed plan would meet those requirements and enable the City of Tukwila to avail itself of those grants if needed. RECOMMENDATION: That our City Council ratify the attached agreement and authorize our Mayor to sign this Interlocal Agreement Cooperative Agreement to provide law enforcement mutual aid and mobilization between the many jurisdictions of King County. INTERLOCAL COOPERATIVE AGREEMENT TO PROVIDE LAW ENFORCEMENT MUTUAL AID AND MOBILIZATION BETWEEN THE CITIES OF KING COUNTY, UNIVERSITY OF WASHINGTON POLICE, AND KING COUNTY 1. DATE OF AGREEMENT AND PARTIES. This agreement, dated the first day of June 2003 for reference purposes only, is entered into by the undersigned municipal corporations or towns organized or created under the laws of the State of Washington, the University of Washington Police Department, and the King County Sheriff's Office. 2. AUTHORITY FOR AGREEMENT. This Agreement is entered into as an interlocal agreement pursuant to the Interlocal Cooperation Act as codified in Chapter 39.34 of the Revised Code of Washington, specifically RCW 39.34.080. 3. PURPOSE OF THE AGREEMENT Each party has the power, authority and responsibility to provide police protection for its citizens within its boundaries. On occasion, the demand for law enforcement services within a jurisdiction may exceed that department's ability to respond in a timely manner. When that occurs, the police department or departments of other jurisdictions may be capable of providing backup law enforcement services. In order to fulfill their respective obligations to their citizens, the parties desire to provide backup law enforcement services to each other under the terms and conditions set forth below. 4. MUTUAL AID LAW ENFORCEMENT SERVICES. Each party will to the best of its ability, furnish mutual aid law enforcement services to, and at the request of, any other party whose police department is taxed beyond its ability to respond, and render law enforcement services in a timely manner. Each jurisdiction shall confer police authority on those police officers from other jurisdictions providing mutual aid law enforcement services and enforcing the requesting jurisdiction's ordinances. The mutual aid officers shall proceed at the direction of the requesting department's police chief or sheriff or their designee. The responding department maintains the discretion to determine whether its own police department will not or cannot provide the requested mutual aid services. The responding department also maintains the discretion to determine at any time during the response that it may stop providing assistance. Upon determining that it will not respond or that it will stop assisting, the department shall immediately notify the requesting department of the change in mutual aid law enforcement services provided. The responding department shall be the sole judge of its ability to respond or to remain, and assumes no liability for declining to respond or for leaving. 5. SERVICES INCLUDED. For purposes of this Agreement, mutual aid law enforcement services shall mean supplemental response to assist at least one officer from the primary agency. Such services will typically be of a first responder type of service such as patrol response. Response protocols for this Agreement are outlined in "Addendum A 6. TERM. This Agreement shall be effective on June 1, 2003 for one (1) year, regardless of the date of execution and shall be automatically renewed on May 31 of each successive year. Any party may terminate its participation in this Agreement by giving 60 days notice of termination to all participating parties hereto. 7. INDEPENDENT CONTRACTOR. The parties acknowledge and agree that in the performance of this Agreement, they are acting as independent contractors and not as agents of each other. 8. INDEMNITY AND HOLD HARMLESS. Each jurisdiction which is a party to this Agreement hereby agrees to accept liability for any act, error or omission of its own employees of whatever kind and nature and from whatever cause arising out of or connected with the performance of this Agreement, and to indemnify and hold the other jurisdictions and their employees harmless from any such liability, claim, or cause of action, including amounts arising out of the performance, by that jurisdiction's employees, of this Agreement. All liability for salaries, wages and other compensation of law enforcement officers shall be that of their respective employers. 9. GOVERNING BODY. This Agreement shall be administered by a joint board, which consists of the police chief of each named jurisdiction and the King County Sheriff. Administration of this Agreement includes, but is not limited to, (1) each participant identifying the resources available to aid participating jurisdictions; (2) review of the response protocols (Addendum A); and (3) participation in the Regional and/or State Mobilization efforts. A quorum of the membership is necessary for any modification of the mobilization plan. Meetings may be called upon the request of any 3 board members with 30 days minimum notice. 10. COUNTERPARTS. This Agreement shall be signed in counterparts and, if so signed, shall be deemed one integrated agreement. 11. MODIFICATION. The parties may amend, modify, or supplement this Agreement only by written agreement executed by all the parties hereto. 12. MERGER AND ENTIRE AGREEMENT. This Agreement merges and supersedes all prior negotiations, representations and/or agreements between the parties relating to the subject matter of this Agreement and constitutes the entire contract between the parties. Signature page immediately following INTERLOCAL COOPERATIVE AGREEMENT TO PROVIDE LAW ENFORCEMENT MUTUAL AID AND MOBILIZATION BETWEEN THE CITIES OF KING COUNTY, UNIVERSITY OF WASHINGTON POLICE, AND KING COUNTY CITY OF Algona By: CITY OF Bellevue By: CITY OF Bothell By: CITY OF Carnation By: CITY OF Covington By: Date Date Date Date Date SIGNATURE PAGE CITY OF Aubum By: Date CITY OF Black Diamond By: Date CITY OF Burien By: Date CITY OF Clyde Hill By: Date CITY OF Des Moines By: Date CITY OF Duvall CITY OF Enumclaw By: By: Date Date CITY OF Federal Wav CITY OF Issaquah By: CITY OF Kenmore CITY OF Kent By: CITY OF Kirkland By: By: Date Date Date Date CITY OF Maple Valley CITY OF Medina By: Date CITY OF Mercer Island CITY OF Newcastle By: By: By: Date CITY OF Normandy Park By: Date Date Date By: CITY OF Lake Forest Park By: Date By: By: CITY OF North Bend By: CITY OF Pacific CITY OF Redmond By: CITY OF Renton CITY OF Sammamish By: Date Date Date Date Date Date CITY OF SeaTac CITY OF By: By: Date CITY OF Seattle CITY OF Shoreline By: By: Date CITY OF Snoaualmie CITY OF Tukwila By: By: Date CITY OF Woodinville CITY OF By: By: Date County of King Port of Seattle By: David G. Reichert Date King County Sheriff County of King Airport Police By: Ron Griffin Date KC Airport Police Chief University of Washington Police By: Weldon Ihrig Date Executive Vice President Date Date Date Date By: T. M. Kimsey Date Chief of Police I. Authority ADDENDUM "A" KING COUNTY MUTUAL AID RESPONSE PROTOCOLS FOR LAW ENFORCEMENT All parties to the King County Mutual Aid Agreement will ensure a process is established to commit manpower and resources. II. Reauest For Mutual Aid 1. In the event of major disorder or other law enforcement operation the first law enforcement resources to be used shall be those of the primarily responsible agency. In the event that such resources are inadequate to control the situation by the primarily responsible agency, or there is a need for a specialized unit, a request for mutual aid under this plan will be made directly to an assisting agency. Such requests for assistance shall, if possible, specify the number of police officers and types of equipment required, where and to whom such officers are to report, and where and to whom the equipment should be delivered. 2. Rendering assistance under the terms of this agreement shall not be mandatory, except that if assistance can't be rendered, the requestee should immediately inform the requestor if, for any reason, assistance can't be rendered. It is understood that consideration as to whether assistance can be provided or not must be determined by the requestee. 3. In the event of mobilization under this agreement, the primarily responsible agency shall assume incident command, unless the primarily responsible agency specifically requests that a different law enforcement agency fulfill this responsibility, or unless the scope of the problem is multi jurisdictional, in which case a unified command shall be established. This shall include directing the assignment of all personnel and equipment. The assignment of duties to officers of assisting agencies shall be made by the incident commander of the primary responsible agency unless that responsibility is delegated to a different law enforcement agency as indicated above. 4. The primary responsible agency shall have the responsibility of establishing a command post and notifying all assisting agencies at the earliest possible time of its location. The Incident Commander shall establish a- command post in such a manner as to provide an area suitable for the staging and directing of all resources. 1 Arrests Arrest policies will be determined by the Incident Commander in charge of the event. Transportation of prisoners to jail facilities will be coordinated by the Incident Commander. The primarily responsible agency will be responsible for providing supplies that are reasonably needed to sustain the responding officers in enforcing the law and maintaining order. Each agency will be responsible for any repairs and/or damages done to their own vehicles as a result of participation in mutual aid. III. Insurance No signatory shall be held liable to another signatory for damages, loss of equipment, injury to personnel, or payment of compensation arising as a result of assistance rendered under the terms of this agreement. IV. Commissions Authority Full -time, paid, commissioned officers who are responding to any call for mutual aid shall be automatically commissioned by virtue of the mutual aid agreement, through the commissioning authority of the primarily responsible agency and, therefore, shall be empowered to exercise the same police authority during the time of the mutual aid as though they were full -time commissioned officers of the primarily responsible agency. This provision shall apply whether the mutual aid request is of: (a) A formal nature between department heads; (b) A less formal nature through agreement of watch commanders or shift supervisors; or, (c) When the officers of one jurisdiction cross jurisdiction boundaries to aid or assist the officers of another jurisdiction signatory to this agreement. If signatory agencies have reserve officers or part -time officers, in addition to full -time paid, commissioned officers, they shall normally be exempt from the automatic commissioning, except those reserve officers working under the immediate supervision of a full -time officer. Reserve or part-time officers may be extended automatic commissioning at the direction of the department head who requests mutual aid, PROVIDED HOWEVER, that such determination should be worked out in advance among the heads of the signatory agencies. V. Command The underlying principle of mutual aid is that other agencies are serving as a resource to another agency's request. Therefore, the Chief of Police or his/her designee (Sergeant, Lieutenant, Captain, etc.) of the requesting agency maintains 2 incident command and is aided by those resources sent in response to this request for aid. In the event that the emergency is of such a nature that it exceeds the individual jurisdictional boundaries, a unified command shall be established until the mutual aid situation ceases to exist and operations return to normal boundaries. Whenever significant resources from other agencies must be mobilized and brought into a jurisdiction in order to resolve a given problem, even when the scope of the problem is such that it is physically contained within the boundaries of the specific single jurisdiction requesting mutual aid, it is expected that an appropriate incident command staff be developed and that the senior staff officers responsible for the mutual aid assets will fill roles within the incident command structure. Successful mutual aid operations must be based upon professional respect and also upon acknowledgement of the fact that the Incident Commander in charge also is responsible and legally liable for his decisions and actions. It must also be borne in mind that those in charge of mutual aid assets are still free to accept or refuse to carry out requests requiring specific missions, which would utilize and exhaust the assets for which they are responsible. VI. Control While the question of technical command and responsibility is one, which requires specific designation of an Incident Commander, the exercise of control over responding mutual aid units and combinations of units brings up an entirely different set of concerns. Wherever possible, the supervisor or staff officer in charge of a group of responding units from an assisting agency would report to the Incident Commander as liaison and be assigned to specific tasks or missions, for which he /she would use his own departmental personnel. NOTE: Because of the possibility that reserve officers will be used in many responses to requests for mutual aid, it is important to establish and record their presence and to verify the fact that they are certified reserves within the scope of the definition of the "Peace Officer Powers Act," and have met the requirements established by the Washington Criminal Justice Training Commission. Reserve officers should generally work under supervisors or regular officers from their own agencies, but under some circumstances (depending on the scope of the operation), might be configured into a special reserve contingent for handling special assignments such as roadblock, evacuation, fixed -point traffic control, etc. VII: Press Relations It shall be the responsibility of the requesting agency in conjunction with the Incident Commander to establish a press area and to assign a public information officer to handle immediate inquires during any given incident. All releases of information through the public information function should be approved by the Incident Commander. 3 VIII. Record Keening It shall be the responsibility of the Incident Commander to establish a Planning and Intelligence Section. The Planning and Intelligence Section will keep an accurate log of what mutual aid agencies, personnel and vehicles are involved in the emergency, and during what periods, along with the assignments, which they were given and any actions, which they took. A formal written Incident Action Plan and After Action Report will be completed by the Planning and Intelligence Section and the requesting agency following the incident. The King County Chiefs Association through the Regional Operations Committee shall annually update and review plans and policies, and make recommendations for change. 4 Finance and Safety Committee May 5, 2003 Present: Joe Duffle, Chair; Joan Hernandez, Richard Simpson Keith Haines, Nick Olivas, Bob Noe, Alan Doerschel, Rhonda Berry, Lucy Lauterbach, Jim Morrow, Viki Jessop 1. Ordinance Creating Emergency Management Organization State law dictates that Tukwila adopt an emergency operations plan, and Jim has many of the pieces needed to do so already. Though Tukwila has a current plan, it is out of date and does not meet the state law. One of the things being added is an incident command structure, with provisions for replacement of key figures needed in any emergency. Each department will have duties and staff assigned for an emergency. The Public Works Director will be the Director of Emergency Services. Jim M said and Nick underscored the importance of joining the King County Regional Emergency Operations group. Joan asked about mutual aid but was told that although there is a plan for that, in a regional disaster, there won't be too much mutual aid. Recommend ordinance to COW and Council. 2t 2 Mutual Aid and Mobilization Plan K eith presented a pla for a Police Emergency Mutual Aid and Mobilization. He said it was modeled on the Fire Department's plan. This is a statewide program to promote mutual aid among cities throughout the whole state. All cities are considering this now and the Washington Sate Association of Sheriffs and Police Chiefs hopes to have it adopted by cities by June. This will be included in the larger city emergency plan. One of the provisions is to have a Public Information Officer (PIO) who would coordinate public information going out to the community and region. Another thing it would do is allow Tukwila or another suburban police officer called in to help in a Seattle disturbance, the ability to arrest a Seattle resident while they are assisting Seattle in a police response. Joan asked about funding, and the importance of homeland defense funds. Nick said the King County group will be getting some homeland defense money, which is one good reason to belong. Recommend Plan adoption to COW and Council. 3. King County Animal Control King County has sent a draft interlocal agreement for additional animal control services for Tukwila. Last fall they told the City the rate for this special service was increasing from $28 /hour, which it has been since 1994, to $60/hour, which is the current cost of the service. They would like that rate to be retroactive to the first of the year, as we have presumably been getting 12 hours of service per week. The committee questioned whether the city has received all 12 hours per week for the past four months. Several people who are out in the community regularly have not been seeing the trucks as they once did. The committee asked to have some assurances that the service was being received if they did decide to pay the higher rate. They asked for a schedule possibly including momings or afternoons when tile extra service would be, and some accounting to assure the officers are spending time in Tukwila. The committee also asked for a summary of the calls from Tukwila when KC is responding to a request for help. Joe wanted to know how many citations were given in Tukwila. Though $30,000 is budgeted in 2003, the amount would be doubled for the rest of the year once the interlocal is signed. For a whole year the addition would be $37,000, but it will actually be less since the committee recommended not paying the higher rate before the contract is signed. The committee also wanted an easier way to get hold of animal control. Rhonda and Lucy will work with Animal Control before the next meeting. Reschedule. HAZMAT Operations Chief —I Entry Back-up Decon Fire EMS —I Staging Planning Chief Incident Command Structure Incident Commander I Safety Officer I I PIO Command Staff I -I Command Staff Liaison Command Staff El Logistics Chief H Technical Support I 1 Service Branch 1 I Support Branch I H Resources I I Situation 1 H Communications I --I Demobilization I H Medical 1 I --I Documentation I Food I —I Ground Support I 1 Supplies Facilities Finance Chief Time Unit Procurement I H Compensation I Cost Accounting I TUKWILA CITY COUNCIL TUKWILA SCHOOL DISTRICT BOARD OF DIRECTORS JOINT MEETING -DRAFT AGENDA 1. Tukwila International Boulevard Construction 2. Starfire /Fort Dent Proposal 3. Sister City Planning Visit 2005 4. Building Bridges Proposal 5. Football Stadium Progress/Proposal 6. Tukwila School Buses 7. Administration Building 8. Discussion - Tukwila Schools Collaboration Report From Lucy Lauterbach Received 5/12/03