HomeMy WebLinkAboutFS 2011-02-08 COMPLETE AGENDA PACKET 4 .4l1EA w City of Tukwila Distribution:
K. Hougardy C. O'Flaherty
44 S J. Hemandez S. Kerslake
0 Finance and Safety D. Robertson K. Matej
A. Ekberg B. Arthur
—1 Committee Mayor Haggerton C. Parrish
0 S. Lancaster D. Almberg
‘A%< 0 Kathy Hougardy, Chair
906 O Joan Hernandez
O Dennis Robertson
AGENDA
TUESDAY, FEBRUARY 8, 2011
CONFERENCE Room #3, 5:00 PM
Item
1 Recommended Action 1 Page
1. PRESENTATION(S)
2. BUSINESS AGENDA
a. Police Department items: a. Forward to 2/14 C.O.W.
(1) Addendum No. 1 to Valley Narcotics Enforcement and 2/22 Regular Mtg. Pg.1
Team (VNET) Interlocal Agreement.
(2) Updated Valley Special Weapons and Tactics Team Pg.15
(SWAT) Interlocal Agreement.
(3) An Interlocal Agreement for Valley Civil Disturbance Pg.53
Unit.
(4) An ordinance amending the administrative structure Pg.67
of the Police Department.
David Haynes, Police Chief
b. Sales Tax Report. b. Information only. Pg.73
Shawn Hunstock, Finance Director
c. 2010 Fourth Quarter Reports. c. Information only. Pg.77
3. ANNOUNCEMENTS
4. MISCELLANEOUS
Next Scheduled Meeting: Wednesday, February 23, 2011
Committee Goals:
x Work together in cooperation with nearby cities to address common problems in the Highway 99 corridor and
Military Road.
x Ensure a commitment to continued human services funding in relation to the cost of living through consistent review
of regional, state and federal budgets affecting human services progams and services (also assigned to CAP).
x Research the viability of sponsoring a City-wide Citizens' Academy (also assigned to CAP).
1)• The City of Tukwila strives to accommodate individuals with disabilities.
Please contact the City Clerk's Office at 206 433 1800 or (tukclerk @ci.tukwila.wa.us) for assistance.
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of Tukwila
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c� Jim Haggerton, Mayor
J 1 f j
o- INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
FINANCE AND SAFETY COMMITTEE
FROM: David Haynes, Police Chief
DATE: FEBRUARY 1, 2011
SUBJECT: ADDENDUM TO VALLEY NARCOTICS ENFORCEMENT TEAM (VNET)
INTERLOCAL AGREEMENT
ISSUE
The Council is being asked to consider and approve Addendum No. 1 to the VNET Interlocal
Agreement.
BACKGROUND
The multi jurisdictional Valley Narcotics Enforcement Team (VNET) has been in existence for
many years. The members of which are Auburn, Federal Way, Kent, Renton, Tukwila and the
Port of Seattle. The team works with the Drug Enforcement Administration (DEA) on mid to
high -level narcotic investigations. The team concept has resulted in more effective pooling of
personnel, improved utilization of funds, reduced duplication of equipment, improved training,
development of specialized expertise, and increased capacity to investigate and enforce
narcotic crimes. The team is currently functioning under interlocal agreement number 09 -138.
DISCUSSION
In August 2010, the City of Seattle expressed interest and intent on joining as a full member of
the VNET team. Therefore, the agencies have drafted and are proposing the attached
Addendum to the VNET Interlocal Agreement.
RECOMMENDATION
The Council is being asked to consider this item at the February 14, 2011 Committee of the
Whole meeting and subsequent February 22, 2011 Regular Meeting.
ATTACHMENTS
Addendum No. 1 to VNET Interlocal Agreement
VNET Interlocal Agreement dated 8/17/09
1
2
ADDENDUM NO. ONE
ADDENDUM TO INTERLOCAL COOPERATIVE AGREEMENT
BETWEEN AUBURN, FEDERAL WAY, KENT, RENTON, TUKWILA, THE PORT OF
SEATTLE AND SEATTLE, FOR THE VALLEY NARCOTICS ENFORCEMENT TEAM
THIS ADDENDUM is made and entered into this day of
20 by and between the cities /municipalities of Auburn, Kent, Renton, Tukwila, Port
of Seattle, Federal Way and Seattle. municipal corporations of the State of Washington,
as an addendum to the Agreement between the cities /municipalities of Auburn, Kent,
Renton, Tukwila, Port of Seattle, and Federal Way for the Valley Narcotics Enforcement
Team executed on the day of 20 pursuant to the
Interlocal Cooperation Act, Chapter 39.34 of the Revised Code of Washington (RCW).
WITNESSETH:
WHEREAS, the cities /municipalities of Auburn, Kent, Renton, Tukwila, Port of
Seattle, and Federal Way joined together to form the Valley Narcotics Enforcement Team
as a multi jurisdictional team to effectively investigate and enforce the laws relating to
controlled substances. and,
WHEREAS, since the Valley Narcotics Enforcement Team was established, the City
of Seattle expressed its interest and intent on joining as a full member of the Team; and,
WHEREAS, consistent with the purposes and objectives for which the Valley
Narcotics Enforcement Team was formed, it is advantageous to include the City of Seattle
as a full member of the Team.
NOW THEREFORE in consideration of their mutual covenants, conditions and
promises, the PARTIES HERETO HEREBY AGREE as follows:
ITEM ONE REVISION TO THE VALLEY NARCOTICS ENFORCEMENT TEAM
I NTERLOCAL AGREEMENT GENERALLY: That the Valley Narcotics Enforcement Team
Interlocal Cooperative Agreement is amended to read as follows:
Whenever and wherever the Valley Narcotics Enforcement Team Interlocal
Cooperative Agreement indicates and lists the parties to the Agreement, the parties shall
hereafter include Auburn, Federal Way, Kent, Renton, Tukwila, the Port of Seattle and
Seattle.
ITEM TWO REVISION TO ARTICLE XVIII NOTIFICATION OF CLAIMS AND
LAWSUITS: That Article XVIII of the Interlocal Cooperation Agreement is amended to add
(in addition to the names and identifying information already listed and entitled to
notification) the following:
Page 1
3
Seattle:
Seattle City Attorney
600 4th Avenue, 4th Floor
PO Box 94769
Seattle, WA 98124 -4769
Phone: (206) 684 -8200
TTY Phone: (206) 233 -7206
FAX: (206) 684 -8284
Seattle Police Chief
610 Fifth Avenue
P.O. Box 34986
Seattle, WA 98124 -4986
ITEM THREE REMAINING TERMS UNCHANGED: That all other provisions of the
Interlocal Cooperation Agreement between the parties for the Valley Narcotics
Enforcement Team executed on the day of 20 pursuant
to the Interlocal Cooperation Act, Chapter 39.34 of the Revised Code of Washington, shall
remain unchanged, and in full force and effect.
ITEM FOUR FILING
Upon execution hereof, this Addendum shall be filed with the city clerks of the
respective participating municipalities, and such other governmental agencies as may be
required by law.
By signing below, the signor certifies that he or she has the authority to sign this
Agreement on behalf of the jurisdiction, and the jurisdiction agrees to the terms
of this Agreement.
Mayor, City of Auburn Date City Attorney, City of Auburn Date
City Clerk, City of Auburn Date
Page 2
4
City Manager, City of Federal Way Date City Attorney, City of Federal Way Date
City Clerk, City of Federal Way Date
Mayor, City of Renton Date City Attorney, City of Renton Date
City Clerk, City of Renton Date
Mayor, City of Tukwila Date City Attorney, City of Tukwila Date
City Clerk, City of Tukwila Date
Mayor, City of Kent Date City Attorney, City of Kent Date
City Clerk, City of Kent Date
Chief Executive, Port of Seattle Date Port Counsel, Port of Seattle Date
Mayor, City of Seattle Date City Attorney, City of Seattle Date
City Clerk, City of Seattle Date
Page 3
5
6
June 17, 2009 09 -138
Council Approval 8/17/09
INTERLOCAL COOPERATIVE AGREEMENT BETWEEN
AUBURN, FEDERAL WAY, KENT, RENTON, TUKWILA, AND
THE PORT OF SEATTLE, FOR THE
VALLEY NARCOTICS ENFORCEMENT TEAM
PARTIES
The parties to this agreement are the cities of Auburn, Kent, Renton,
Tukwila, Port of Seattle, and Federal Way.
The Valley Narcotics Enforcement Team is assigned to the Drug
Enforcement Administration (DEA) Task Force.
II. AUTHORITY
This Agreement is entered into pursuant to Chapters 10.93, 39.34, and
53.08 of the Revised Code of Washington.
III. PURPOSE
The parties desire to establish and maintain a multi jurisdictional team to
effectively investigate and enforce the laws relating to controlled substances.
IV. FORMATION
There is hereby established a multi jurisdictional team to be hereafter known
as the Valley Narcotics Enforcement Team "VNET the members of which
shall be the cities of Auburn, Kent, Renton, Tukwila, Port of Seattle and Federal
Way. VNET has been in existence for some time and this Agreement
establishes an Inter -local Agreement between the listed jurisdictions. The future
admission or elimination of a jurisdiction as a member of VNET may be
accomplished by an addendum to this agreement.
V. STATEMENT OF PROBLEM
The municipalities within the Puget Sound area have experienced an
increase in urbanization, and in population densities. The ability to address
drug abuse and the crimes associated to controlled substances has stretched
the resources of individual police department specialty units.
Law enforcement efforts directed at dealing with narcotic issues have, for the
most part, been conducted by law enforcement agencies working independently.
A multi jurisdictional effort to handle specific and complicated narcotic
investigations will result in more effective pooling of personnel, improved
utilization of funds, reduced duplication of equipment, improved training,
development of specialized expertise, and increased utilization /application of a
combined narcotic enforcement team. The results will be improved services for
all of the participating entities, increased safety for officers and the community,
and improved cost effectiveness.
Valley Narcotics Enforcement Team lnterlocal Agreement 1
June 17, 2009
emergency situations, the Chair may conduct a telephonic meeting or a poll of
individual Board members to resolve any issues related to such emergency.
IX. STAFF
The following Staff shall serve at the pleasure of the Board. Staff may be
removed for any reason by majority vote of the Board.
Team Supervisor: A Team Supervisor with the rank of Sergeant or
equivalent from his /her respective agency shall be appointed by the Board. The
VNET Supervisor shall act as the first level supervisor for the team and shall
report directly to the VNET Chair.
Office Manager: The VNET Office Manager shall be provided by the City of
Kent on a reimbursable basis and shall work under the direction of the Board.
The Office Manager reports directly to the Team Supervisor and is responsible
for unit accounting, reports, office support, and other duties as appropriate.
Attorney: An attorney shall be a member of the Team. The King County
Prosecutor's Office shall select and interview candidates and make a
recommendation to the Executive Board. The Executive Board will make the
selection after considering the recommendation. The attorney will be
responsible for reviewing and filing cases, wire orders, search warrants, the
prosecution of forfeiture cases, and other services as needed.
VNET Detectives: Each agency shall contribute one (1) full -time
commissioned officer to the Team.
Employees of Contributing Jurisdictions: The personnel assigned to the
Team shall be considered an employee of the contributing agency. That agency
shall be solely and exclusively responsible for the compensation and benefits for
that employee. All rights, duties, and obligations of the employer and the
employee shall remain with that individual agency. Each agency 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.
In cases where the DEA procedures do not apply, each individual will follow
the General Orders as specified by the home agency.
X. EQUIPMENT, TRAINING, AND BUDGET
Each participating jurisdiction shall acquire the equipment of its participating
VNET Detectives. Each jurisdiction shall provide sufficient funds to update,
replace, repair, and maintain the equipment and supplies utilized by its
participating VNET Detectives. Each jurisdiction shall provide sufficient funds to
provide for training of its participating VNET Detectives.
The equipment, supplies, and training provided by each jurisdiction to its
personnel participating in the VNET shall be equal to those provided by the
other participating jurisdictions.
Valley Narcotics Enforcement Team Interlocal Agreement 3
8
June 17, 2009
commonly accepted methods of valuation. If two (2) or more participating
jurisdictions desire an asset, the final decision shall be made by arbitration
(described below). Any property not claimed shall be declared surplus by the
Board and disposed of pursuant to state law for the disposition of surplus
property. The proceeds from the sale or disposition of any VNET property, after
payment of any and all costs of sale or debts of the agency, shall be equally
distributed to those jurisdictions participating in the VNET at the time of
dissolution. In the event that one (1) or more jurisdictions terminate their
participation in the VNET, but the VNET continues to exist, the jurisdiction
terminating participation shall be deemed to have waived any right or title to any
property owned by the VNET or to share in the proceeds at the time of
dissolution.
Arbitration pursuant to this section shall occur as follows:
a. The jurisdictions interested in an asset shall select one (1) person
(Arbitrator) to determine which agency will receive the property. If the
jurisdictions cannot agree to an Arbitrator, the chiefs of the jurisdictions
participating in the VNET upon dissolution shall meet to determine who
the Arbitrator will be. The Arbitrator may be any person not employed
by the jurisdictions that desire the property.
b. During a meeting with the Arbitrator, each jurisdiction interested in the
property shall be permitted to make an oral and /or written presentation
to the Arbitrator in support of its position.
c. At the conclusion of the presentation, the Arbitrator shall determine
which jurisdiction is to receive the property. The decision of the
Arbitrator shall be final and shall not be the subject of appeal or
review.
XIV. LIABILITY, HOLD HARMLESS, AND INDEMNIFICATION
It is the intent of the participating jurisdictions to provide services of the
VNET without the threat of being subject to liability to one another and to fully
cooperate in the defense of any claims or lawsuits arising out of or connected
with VNET actions that are brought against the jurisdictions. To this end, the
participating jurisdictions agree to equally share responsibility and liability for the
acts or omissions of their participating personnel when acting in furtherance of
this Agreement. In the event that an action is brought against any of the
participating jurisdictions, each jurisdiction shall be responsible for an equal
share of any award for or settlement of claims of damages, fines, fees, or costs,
regardless of which jurisdiction or employee the action is taken against or which
jurisdiction or employee is ultimately responsible for the conduct. The
jurisdictions shall share equally regardless of the number of jurisdictions named
in the lawsuit or claim or the number of officers from each jurisdiction named in
the lawsuit or claim. This section shall be subject to the conditions and
limitations set forth in subsections A through G below.
A. Jurisdiction Not Involved In VNET Response. In the event that a
jurisdiction or its personnel were not involved in the VNET response to
the incident that gives rise to a claim or lawsuit, and judgment on the
claim or lawsuit does not, in any manner, implicate the acts of a particular
Valley Narcotics Enforcement Team Interlocal Agreement 5
9
June 17, 2009
F. Defense Waiver. This section shall not be interpreted to waive any
defense arising out of RCW Title 51.
G. Insurance. The failure of any insurance carrier or self- insured pooling
organization to agree to or follow the terms of this section shall not relieve
any individual jurisdiction from its obligations under this Agreement.
XV. 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 their conduct in support of
VNET operations, the jurisdiction shall promptly notify the other jurisdictions that
the claim or lawsuit has been initiated. Any documentation, including the claim
or legal complaints, shall promptly be provided to each participating jurisdiction.
Any jurisdiction or member who believes or knows that another jurisdiction
would be liable for a claim, settlement, or judgment that arises from a VNET
action or operation, shall have the burden of notifying each participating
jurisdiction of all claims, lawsuits, settlements, or demands made to that
jurisdiction. In the event a participating jurisdiction has a right, pursuant to
section XVI of this Agreement, to be defended and held harmless by another
participating jurisdiction, the jurisdiction having the right to be defended and held
harmless shall promptly tender the defense of such claim or lawsuit to the
jurisdiction that must defend and hold the other harmless.
XVI. PROCESSING OF CLAIMS.
A. Designation of Lead Jurisdiction.
There shall be a lead jurisdiction for processing a claim that is filed with
and against cities for alleged damages and injuries that occur as a result
of VNET activities. The lead jurisdiction shall be the jurisdiction within
which the VNET response occurred; PROVIDED, that in the event the
jurisdiction within which the VNET response occurred did not participate
in the VNET response, the lead jurisdiction shall be the jurisdiction within
which the incident that required the VNET response originated. In the
event that a jurisdiction that was not involved in the VNET response
receives the claim, that jurisdiction shall notify the other jurisdictions in
accordance with Section XVII of this Agreement, and shall use its best
efforts to determine who is the appropriate lead jurisdiction.
B. Assistance of VNET Supervisor.
The VNET Supervisor shall assist the lead jurisdiction in responding to a
claim. The VNET Supervisor shall be responsible for gathering all
records relating to the VNET response. These records shall include, but
are not limited to, incident reports, notes, transcripts, photos, evidence
logs, recorded statements, documents from emergency dispatch centers,
and warrants from all jurisdictions that participated in the VNET response.
The VNET Supervisor shall also provide a list of personnel who
participated in the response and their contact information. The VNET
Supervisor shall deliver all copies of the records to the lead jurisdiction
promptly upon request.
Valley Narcotics Enforcement Team Interlocal Agreement 7
1 0
June 17, 2009
jurisdictions with a letter stating the determination and the bases
for such determination.
D. Claims over $5,000.
i. Lead Jurisdiction Responsibilities.
The lead jurisdiction shall schedule a meeting with all jurisdictions
participating in the VNET to discuss the claim and to determine the
appropriate manner in which to respond and /or defend the claim.
The Board and persons listed in Section XVII of this Agreement
shall be notified of the meeting.
XVII. PROCESSING OF LAWSUITS.
A. Notification to Other Jurisdictions.
In the event a jurisdiction is served with a lawsuit, that jurisdiction shall
provide notice and documentation of the lawsuit to each of the other
jurisdictions in accordance with Section XVII of this Agreement.
B. Coordination of Initial Meeting.
The jurisdiction that initially receives a lawsuit shall schedule a meeting
with all of the jurisdictions participating in the VNET to discuss the lawsuit
and to determine the appropriate manner within which to respond and /or
defend the lawsuit. The Board and persons listed in Section XX of this
Agreement shall be notified of the meeting.
XVIII. NOTIFICATION OF CLAIMS AND LAWSUITS.
Section XVII of this Agreement requires that the jurisdiction receiving a claim
or lawsuit notify the other jurisdictions of the claim or lawsuit and provide
documentation of that claim or lawsuit to the other jurisdictions. Nothing in this
Agreement shall be deemed a waiver by any participating jurisdiction of the
requirements set forth in Chapter 4.96 RCW, and the fact that a participating
jurisdiction provides notice or copies of a claim to another jurisdiction 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 Chapter 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.
For the purposes of implementing Section XVII of this Agreement, the
following persons from each jurisdiction shall receive any required notification or
documentation:
Valley Narcotics Enforcement Team Interlocal Agreement 9
11
June 17, 2009
Tukwila: WCIA:
City Clerk Claims Manager
City of Tukwila WCIA
6200 Southcenter Blvd. P.O. Box 00030
Tukwila, WA 98043 1ri-k.kw%Act,VJg. 1 2)13e
XIX. COMPLIANCE WITH THE LAW
The VNET and all its members shall comply with all federal, state, and local
laws that apply to the VNET.
XX. ALTERATIONS
This agreement may be modified, amended, or altered by agreement of all
participating agencies and such alteration, amendment, or modification shall be
effective when reduced to writing and executed in a manner provided for by this
agreement.
It 'is recognized that during the course of operations, it may become
necessary to alter the terms of this Agreement to provide for efficient operation
of the VNET and to meet the goals of the VNET. It is further recognized that the
Board has the expertise necessary to provide for the efficient operation of the
VNET. To that end, the jurisdictions agree that changes may be made to this
Agreement, or addendums added to this Agreement, without prior approval of
the legislative bodies of the jurisdictions on the condition that such changes or
addendums shall be effective only by a unanimous vote of all members of the
Board.
XXI. RECORDS
Each agency shall maintain records relating to work performed by its
employees assigned to the VNET when operating outside DEA operations. The
VNET office manager shall maintain records relating to the operation of the
VNET to the extent required by law. All records shall be available for full
inspection and copying by each participating jurisdiction.
XXII. FILING
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.
XXIII. 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.
XXIV. MUNICIPAL AUTHORIZATIONS
This Agreement shall be executed on behalf of each participating jurisdiction
by its duly authorized representative and pursuant to an appropriate resolution
Valley Narcotics Enforcement Team Interlocal Agreement 11
12
June 17, 2009
By signing below, the signor certifies that he or she has the authority to sign this
Agreement on behalf of the jurisdiction, and the jurisdiction agrees to the terms
of this Agreement.
Mayor, City of Auburn Date City Attorney, City of Auburn Date
City Clerk, City of Auburn Date
City Manager, City of Federal Way Date City Attorney, City of Federal Way Date
City Clerk, City of Federal Way Date
Mayor, City of Renton Date City Attorney, City of Renton Date
City Clerk, City of Renton Date
7 i„ 6 a5 o ,1 G
M. r, City ila Date C y At ne it of Tukwila Date
City Clerk, City of Tukwila J Date
Mayor, City of Kent Date City Attorney, City of Kent Date
City Clerk, City of Kent Date
Chief Executive, Port of Seattle Date Port Counsel, Port of Seattle Date
Valley Narcotics Enforcement Team Interlocal Agreement 13
1 3
14
I ILA=
4 City of Tukwila
r.+ 1 Jim Haggerton, Mayor
4
90 INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Finance Safety Committee
FROM: Dennis McOmber, Police Commander
DATE: February 2, 2011
SUBJECT: Updated Valley SWAT Interlocal Agreement
ISSUE
The interlocal agreement providing for the creation of the Valley Special Weapons and Tactics
Team needs to be updated to reflect the current state of the team.
BACKGROUND
The composition of the cities that make up the Valley SWAT Team has changed. The prior
agreement was between the cities of Des Moines, Renton, Kent, Auburn, Federal Way, Port of
Seattle, and Tukwila. The City of Des Moines has ended their involvement in the agreement
and is no longer participating on the team.
In addition, the official name of the team has changed from Valley Special Response Team
(VSRT) to the Valley Special Weapons and Tactics Team (SWAT).
DISCUSSION
The specific changes to the agreement are as follows:
6 Removed the City of Des Moines as a participating agency.
9 Changed the team name from Valley Special Response Team (VSRT) to Valley Special
Weapons and Tactics Team (VSWAT).
Updated address information on the signature page.
These changes are primarily housekeeping items and do not significantly alter the existing
agreement. The City Attorney's Office has reviewed the updated agreement.
RECOMMENDATION
The Council is being asked to consider this item at the February 14, 2011 Committee of the
Whole meeting and subsequent February 22, 2011 Regular Meeting.
ATTACHMENTS
Updated Valley SWAT Interlocal Agreement
Original Interlocal Agreement
15
1F,
INTERLOCAL COOPERATIVE AGREEMENT BETWEEN AUBURN,
FEDERAL WAY, KENT, RENTON, TUKWILA, AND THE PORT OF
SEATTLE, FOR CREATION OF THE
VALLEY SPECIAL WEAPONS AND TACTICS
TEAM
I. PARTIES
The parties to this Agreement are the Port of Seattle and the municipalities of Auburn,
Federal Way, Kent, 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 Chapters 10.93, 39.34, and 53.08 of the
Revised Code of Washington.
III. PURPOSE
The parties hereto desire to establish and maintain a multi jurisdictional SWAT Team to
effectively respond to high risk criminal occurrences as described below.
IV. FORMATION
There is hereby created a multi jurisdictional Team to be hereafter known as the "Valley
Special Weapons and Tactics Team" "VSWAT the members of which shall be the
Port of Seattle, and the cities of Auburn, Federal Way, Kent, Renton, and Tukwila. The
SWAT Team has been in existence for some time, and this Agreement is being re-
entered into in order to remove the City of Des Moines as a SWAT Team member.
The future admission or elimination of a jurisdiction as a member of the SWAT Team
may be accomplished by an addendum to this agreement.
V. STATEMENT OF PROBLEM
King County and the municipalities within the Puget Sound area have experienced
increasingly violent criminal confrontations due to, among other reasons, increased
gang activity; increased drug abuse, distribution, and manufacturing; increased
urbanization; and increased population densities. The ability to safely control, contain,
and resolve high risk criminal incidents such as civil disobedience, barricaded subjects,
hostage situations, gang member arrests, high risk felony arrests, and narcotic or high
risk search warrants has strained the resources of the members' individual police
departments.
Law enforcement efforts directed at dealing with these high risk criminal incidents have,
for the most part, been conducted by law enforcement agencies working independently.
VALLEY SWAT TEAM 08 -19 -2010
INTERLOCAL AGREEMENT Page 1
17
A multi jurisdictional effort to handle specific high risk criminal incidents, as well as
incidents involving weapons of mass destruction, results 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. This results in improved
services for the citizens of all participating jurisdictions, increased safety for officers and
the community, and improved cost effectiveness.
VI. TEAM OBJECTIVES
The individual specialty units from each participating jurisdiction will be consolidated
and combined to form the VSWAT Team. The SWAT Team shall service each
participating jurisdiction. The VSWAT Team may also be available to outside law
enforcement agencies as provided by chapter 10.93 RCW.
The objective of the VSWAT Team is to respond to specific high risk criminal incidents
in a manner that provides for the effective use of personnel, equipment, funds, and
training. The VSWAT Team shall respond as requested by any of the participating
jurisdictions and provide a coordinated response to high -risk incidents. As special
needs arise, it may be necessary to request from other law enforcement agencies
assistance and /or personnel, at the discretion of the VSWAT Team Incident
Commander and /or the VSWAT Team Tactical Commander.
VII. DURATION AND TERMINATION
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.
A jurisdiction may withdraw its participation in the VSWAT Team by providing written
notice of its withdrawal, and serving such notice upon each Executive Board member of
the remaining jurisdictions. A notice of withdrawal shall become effective ninety (90)
days after service of the notice on all participating members.
The VSWAT Team may be terminated by a majority vote of the Executive Board. Any
vote for termination shall occur only when the police chief of each participating
jurisdiction is present at the meeting in which such vote is taken.
VIII. GOVERNANCE
The affairs of the Team shall be governed by an Executive Board "Board whose
members are composed of the police chief, or his /her designee, from each participating
jurisdiction. Each member of the Board 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 in which the decision is made. A majority
of Board members, or their designees, must be present at each meeting for any actions
taken to be valid. A presiding officer shall be elected by the Board together with such
other officers as a majority of the Board may decide.
VALLEY SWAT TEAM 08 -19 -2010
INTERLOCAL AGREEMENT Page 2
18
The Board shall meet monthly, unless otherwise determined by the Board. The
presiding officer, or any Board member, may call extra meetings as deemed
appropriate. The presiding officer shall provide no Tess 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 policies, regulations, and operational procedures in effect pursuant to the previous
interlocal agreement shall be in effect without action of the Board and until such time as
they are subsequently altered by the Board. The VSWAT Team written policies,
regulations, and operational procedures shall apply to all VSWAT Team operations.
Thus, to the extent that the written policies, regulations, and operational procedures of
the VSWAT Team conflict with the policies, regulations, and operational procedures of
the individual jurisdictions, the VSWAT Team written policies, regulations, and
procedures shall prevail.
IX. STAFF
A Tactical Commander, which shall be a command level officer, shall be appointed
annually by the Board to act as the principal liaison and facilitator between the Board
and the members of the VSWAT Team. The Tactical Commander shall operate under
the direction of the presiding officer of the Board. The Tactical Commander shall be
responsible for informing the Board on all matters relating to the function, expenditures,
accomplishments, training, number of calls that the VSWAT Team responds to,
problems of the VSWAT Team, and any other matter as requested by the Board. The
Tactical Commander may be removed by action of the Board at anytime and for any
reason, with or without cause.
The Tactical Commander shall prepare monthly written reports to the Board on the
actions, progress, and finances of the VSWAT Team. In addition, the Tactical
Commander shall be responsible for presenting rules, procedures, regulations, and
revisions thereto for Board approval.
Each jurisdiction shall contribute six (6) full -time commissioned officers, which shall
include at least one (1) Sergeant or other first level supervisor, to be assigned to the
VSWAT Team. Board approval must be obtained for the jurisdiction to assign less than
this staffing requirement. The personnel assigned to the VSWAT Team shall be
considered employees of the contributing jurisdiction. The contributing jurisdiction shall
be solely and exclusively responsible for the compensation and benefits for the
personnel it contributes to the VSWAT Team. All rights, duties, and obligations of the
employer and the employee shall remain with the contributing jurisdiction. Each
jurisdiction 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 Board may appoint the finance department of a participating jurisdiction to manage
the finances of the VSWAT Team. Before appointing the finance department of a
particular jurisdiction to manage the finances of the VSWAT Team, the Board shall
VALLEY SWAT TEAM 08 -19 -2010
INTERLOCAL AGREEMENT Page 3
19
consult with the finance department of the jurisdiction and obtain its approval. The duty
of managing the finances of the VSWAT Team shall be rotated to other participating
jurisdictions at the discretion of the Board.
The Board may, at its discretion, appoint one (1) or more legal advisors to advise the
Board on legal issues affecting the VSWAT Team. The legal advisor(s) shall, when
appropriate or when requested by the Board, consult with the legal representatives of
all participating jurisdictions before rendering legal advice.
X. COMMAND AND CONTROL
During field activation of the VSWAT Team, an Incident Commander, VSWAT Team
Tactical Commander, and VSWAT Team Team Leader(s) will be designated. The
duties and procedures to be utilized by the Incident Commander, the VSWAT Team
Tactical Commander, and the VSWAT Team Team Leader(s) shall be set forth in the
standard operating procedures approved by the Board. The standard operating
procedures approved by the board may designate other personnel to be utilized during
an incident.
XI. EQUIPMENT, TRAINING, AND BUDGET
Each participating jurisdiction shall acquire the equipment of its participating VSWAT
Team members. Each participating jurisdiction shall provide sufficient funds to update,
replace, repair, and maintain the equipment and supplies utilized by its participating
VSWAT Team members. Each participating jurisdiction shall provide sufficient funds to
provide for training of its participating VSWAT Team members.
The equipment, supplies, and training provided by each jurisdiction to its personnel
participating in the VSWAT Team shall, unless otherwise determined by the Board, be
equal to those provided by the other participating jurisdictions.
Each member jurisdiction shall maintain an independent budget system to account for
funds allocated and expended by its participating VSWAT Team members.
The Board must approve any joint capital expenditure for VSWAT Team equipment.
XII. DISTRIBUTION OF ASSETS UPON TERMINATION
Termination shall be in accordance with those procedures set forth in prior sections.
Each participating jurisdiction shall retain sole ownership of equipment purchased and
provided to its participating VSWAT Team members.
Any assets acquired with joint funds of the VSWAT Team shall be equally divided
among the participating jurisdictions at the asset's fair market value upon termination.
The value of the assets of the VSWAT Team shall be determined by using commonly
accepted methods of valuation. If two (2) or more participating jurisdictions desire an
asset, the final decision shall be made by arbitration (described below). Any property
not claimed shall be declared surplus by the Board and disposed of pursuant to state
law for the disposition of surplus property. The proceeds from the sale or disposition of
VALLEY SWAT TEAM 08 -19 -2010
INTERLOCAL AGREEMENT Page 4
20
any VSWAT Team property, after payment of any and all costs of sale or debts of the
agency, shall be equally distributed to those jurisdictions participating in the VSWAT
Team at the time of dissolution in proportion to the jurisdiction's percentage
participation in the VSWAT Team as of the date of dissolution. In the event that one (1)
or more jurisdictions terminate their participation in the VSWAT Team, but the VSWAT
Team continues to exist, the jurisdiction terminating participation shall be deemed to
have waived any right or title to any property owned by the VSWAT Team or to share in
the proceeds at the time of dissolution.
Arbitration pursuant to this section shall occur as follows:
A. The jurisdictions interested in an asset shall select one (1) person
(Arbitrator) to determine which agency will receive the property. If the
jurisdictions cannot agree to an Arbitrator, the chiefs of the jurisdictions
participating in the VSWAT Team upon dissolution shall meet to
determine who the Arbitrator will be. The Arbitrator may be any person
not employed by the jurisdictions that desire the property.
B. During a meeting with the Arbitrator, each jurisdiction interested in the
property shall be permitted to make an oral and /or written presentation to
the Arbitrator in support of its position.
C. At the conclusion of the presentation, the Arbitrator shall determine which
jurisdiction is to receive the property. The decision of the Arbitrator shall
be final and shall not be the subject of appeal or review.
XIII. LIABILITY, HOLD HARMLESS, AND INDEMNIFICATION
It is the intent of the participating jurisdictions to provide services of the VS\A /AT Team
without the threat of being subject to liability to one another and to fully cooperate in the
defense of any claims or lawsuits arising out of or connected with VSWAT Team
actions that are brought against the jurisdictions. To this end, the participating
jurisdictions agree to equally share responsibility and liability for the acts or omissions
of their participating personnel when acting in furtherance of this Agreement.. In the
event that an action is brought against any of the participating jurisdictions, each
jurisdiction shall be responsible for an equal share of any award for or settlement of
claims of damages, fines, fees, or costs, regardless of which jurisdiction or employee
the action is taken against or which jurisdiction or employee is ultimately responsible for
the conduct. The jurisdictions shall share equally regardless of the number of
jurisdictions named in the lawsuit or claim or the number of officers from each
jurisdiction named in the lawsuit or claim. This section shall be subject to the conditions
and limitations set forth in subsections A through G below.
A. Jurisdiction Not Involved In VSWAT Team Response. In the event that a
jurisdiction or its personnel were not involved in the VSWAT Team
response to the incident that gives rise to a claim or lawsuit, and judgment
on the claim or lawsuit does not, in any manner, implicate the acts of a
particular jurisdiction or its personnel, such jurisdiction shall not be
required to share responsibility for the payment of the judgment or award.
VALLEY SWAT TEAM 08 -19 -2010
INTERLOCAL AGREEMENT Page 5
21
B. Intentionally Wrongful Conduct Beyond the Scope of Employment.
Nothing herein shall require, or be interpreted to require indemnification or
sharing in the payment of any judgment against any VSWAT Team
personnel for intentionally wrongful conduct that is outside of the scope of
employment of any individual or for any judgment of punitive damages
against any individual or jurisdiction. Payment of any award for punitive
damages shall be the sole responsibility of the person or jurisdiction that
employs the person against whom such award is rendered.
C. Collective Representation and Defense. The jurisdictions may retain joint
legal counsel to collectively represent and defend the jurisdictions in any
legal action. Those jurisdictions retaining joint counsel shall share equally
the costs of such representation or defense.
In the event a jurisdiction does not agree to joint representation, the
jurisdiction shall be solely responsible for all attorneys fees accrued by its
individual representation or defense.
The jurisdictions and their respective defense counsel shall make a good
faith attempt to cooperate with other participating jurisdictions by,
including but not limited to, providing all documentation requested, and
making VSWAT Team members available for depositions, discovery,
settlement conferences, strategy meetings, and trial.
D. Removal From Lawsuit. In the event a jurisdiction or employee is
successful in withdrawing or removing the jurisdiction or employee from a
lawsuit by summary judgment, qualified immunity, or otherwise, the
jurisdiction shall nonetheless be required to pay its equal share of any
award for or settlement of the lawsuit; PROVIDED, however, that in the
event a jurisdiction or employee is removed from the lawsuit and
subsection (A) of this section is satisfied, the jurisdiction shall not be
required to pay any share of the award or settlement.
E. Settlement Process. It is the intent of this Agreement that the jurisdictions
act in good faith on behalf of each other in conducting settlement
negotiations on liability claims or lawsuits so that, whenever possible, all
parties agree with the settlement or, in the alternative, agree to proceed to
trial. In the event a claim or lawsuit requires the sharing of liability, no
individual jurisdiction shall be authorized to enter into a settlement
agreement with a claimant or plaintiff unless all jurisdictions agree with the
terms of the settlement. Any settlement made by an individual jurisdiction
without the agreement of the remaining jurisdictions, when required, shall
not relieve the settling jurisdiction from paying an equal share of any final
settlement or award.
F. Defense Waiver. This section shall not be interpreted to waive any
defense arising out of RCW Title 51.
VALLEY SWAT TEAM 08 -19 -2010
INTERLOCAL AGREEMENT Page 6
22
G. Insurance. The failure of any insurance carrier or self- insured pooling
organization to agree to or follow the terms of this section shall not relieve
any individual jurisdiction from its obligations under this Agreement.
XIV. 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 their conduct in support of VSWAT Team
operations, the jurisdiction shall promptly notify the other jurisdictions that the claim or
lawsuit has been initiated. Any documentation, including the claim or legal complaints,
shall promptly be provided to each participating jurisdiction.
Any jurisdiction or member who believes or knows that another jurisdiction would be
liable for a claim, settlement, or judgment that arises from a VSWAT Team action or
operation, shall have the burden of notifying each participating jurisdiction of all claims,
lawsuits, settlements, or demands made to that jurisdiction. In the event a participating
jurisdiction has a right, pursuant to section XIII of this Agreement, to be defended and
held harmless by another participating jurisdiction, the jurisdiction having the right to be
defended and held harmless shall promptly tender the defense of such claim or lawsuit
to the jurisdiction that must defend and hold the other harmless.
XV. PROCESSING OF CLAIMS.
A. Designation of Lead Jurisdiction.
There shall be a lead jurisdiction for processing a claim that is filed with
and against cities for alleged damages and injuries that occur as a result
of VSWAT Team activities. The lead jurisdiction shall be the jurisdiction
within which the VSWAT Team response occurred; PROVIDED, that in
the event the jurisdiction within which the VSWAT Team response
occurred did not participate in the VSWAT Team response, the lead
jurisdiction shall be the jurisdiction within which the incident that required
the VSWAT Team response originated. In the event that a jurisdiction
that was not involved in the VSWAT Team response receives the claim,
that jurisdiction shall notify the other jurisdictions in accordance with
Section XIV of this Agreement, and shall use its best efforts to determine
who is the appropriate lead jurisdiction.
D. Assistance of Tactical Commander.
The VSWAT Team Tactical Commander shall assist the lead jurisdiction
in responding to a claim. The VSWAT Team Tactical Commander shall
be responsible for gathering all records relating to the VSWAT Team
response. These records shall include, but are not limited to, incident
reports, notes, transcripts, photos, evidence logs, recorded statements,
documents from emergency dispatch centers, and warrants from all
jurisdictions that participated in the VSWAT Team response. The Tactical
Commander shall also provide a fist of personnel who participated in the
response and their contact information. The Tactical Commander shall
deliver all copies of the records to the lead jurisdiction promptly upon
request.
VALLEY SWAT TEAM 08 -19 -2010
INTERLOCAL AGREEMENT Page 7
23
C. Claims of $5,000 or Less.
Lead Jurisdiction Responsibilities.
The lead jurisdiction shall be responsible for working with the
Tactical Commander to gather records relating to the VSWAT
Team response. The lead jurisdiction shall provide records to its
insurance provider and shall assist its insurance provider in
assessing liability for acts associated with the claim. The lead
jurisdiction shall notify the other jurisdictions of any determinations
as to liability. In determining whether a claim should be paid, the
lead jurisdiction and its insurance provider shall, at a minimum,
consider the potential legal defenses to the claim and the costs of
defending the claim.
ii. Liability Determination Apportionment of Damages.
The lead jurisdiction, with the assistance of its insurance provider
and risk manager, shall determine whether the VSWAT Team is
liable for damages set forth in a claim, and whether the payment of
the claim would be in the best interest of the jurisdictions and /or the
VSWAT Team. In the event the lead jurisdiction determines that
payment of a claim is appropriate, such determination shall be final
and binding upon other jurisdictions and payment shall be
apportioned equally among all jurisdictions that participated in the
VSWAT Team response. The insurance provider for the lead
jurisdiction shall provide full payment to the claimant, and each
jurisdiction that participated in the response shall reimburse the
insurance provider for its equal share of such payment.
Prior to the payment of any claim, and as a condition of such
payment, the insurance provider providing payment shall obtain
from the claimant a complete and total release of liability on behalf
of all jurisdictions participating in the VSWAT Team and each and
every officer, agent, or volunteer of those participating jurisdictions.
In the event the lead jurisdiction determines that the VSWAT Team
is not liable for damages set forth in a claim or that the payment of
the claim would not be in the best interest of the jurisdictions and/or
the VSWAT Team, the lead jurisdiction shall notify the other
jurisdictions of the determination, and such determination shall be
binding on the other jurisdictions; PROVIDED, that another
jurisdiction that determines that payment is appropriate may pay
such claim in full, and shall not seek reimbursement from the other
participating jurisdictions.
iii. Letter From Insurance Adjusters.
In the event a lead jurisdiction, in conjunction with its insurance
provider, determines that payment of a claim is appropriate, the
insurance provider shall provide each of the participating
VALLEY SWAT TEAM 08 -19 -2010
INTERLOCALAGREEMENT Page 8
24
jurisdictions with a letter stating the determination and the bases for
such determination.
D. Claims over $5,000.
i. Lead Jurisdiction Responsibilities.
The lead jurisdiction shall schedule a meeting with all jurisdictions
participating in the VSWAT Team to discuss the claim and to
determine the appropriate manner in which to respond and /or
defend the claim. The Board and persons listed in Section XVII of
this Agreement shall be notified of the meeting.
XVI. PROCESSING OF LAWSUITS.
A. Notification to Other Jurisdictions.
In the event a jurisdiction is served with a lawsuit, that jurisdiction shall
provide notice and documentation of the lawsuit to each of the other
jurisdictions in accordance with Section XIV of this Agreement.
B. Coordination of Initial Meeting.
The jurisdiction that initially receives a lawsuit shall schedule a meeting
with all of the jurisdictions participating in the VSWAT Team to discuss the
lawsuit and to determine the appropriate manner within which to respond
and /or defend the lawsuit. The Board and persons listed in Section XVII
of this Agreement shall be notified of the meeting.
XVII. NOTIFICATION OF CLAIMS AND LAWSUITS.
Section XIV of this Agreement requires that the jurisdiction receiving a claim or
lawsuit notify the other jurisdictions of the claim or lawsuit and provide
documentation of that claim or lawsuit to the other jurisdictions. Nothing in this
Agreement shall be deemed a waiver by any participating jurisdiction of the
requirements set forth in Chapter 4.96 RCW, and the fact that a participating
jurisdiction provides notice or copies of a claim to another jurisdiction 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 Chapter 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.
For the purposes of implementing Section XIV of this Agreement, the following
persons from each jurisdiction shall receive any required notification or
documentation:
VALLEY SWAT TEAM 08 -19 -2010
INTERLOCAL AGREEMENT Page 9
25
Auburn: Kent:
Auburn City Attorney Kent City Attorney
25 West Main Street 220 4 Avenue South
Auburn, WA 98001 Kent, WA 98032
(253) 931 -3030 (253) 856 -5781
Auburn Police Chief Kent Risk Manager
340 East Main Street „Suite 201 220 4th Avenue South
Auburn, WA 98002 Kent, WA 98032
(253) 931 -3080 (253) 856 -5285
Auburn Human Resources Kent City Clerk
Director /Risk Manager 220 4 Avenue South
25 West Main Street Kent, WA 98032
Auburn, WA 98001 (253) 856 -5728
(253) 931 -3040
Auburn City Clerk Kent Police Chief
25 West Main Street 220 4th Avenue South
Auburn, WA 98001 Kent, WA 98032
(253) 931 -3039 (253) 856 -5888
Port of Seattle: Federal Way:
Port of Seattle Claims Manager Federal Way City Clerk
P.O. Box 68727 33325 8 Avenue South
Seattle, WA 98168 Federal Way, WA 98003
Tukwila: Federal Way City Attorney
33325 8 Avenue South
City Clerk Federal Way, WA 98003
City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98188
WCIA: Renton:
Claims Manager Renton Risk Manager
WCIA 1055 So. Grady Way
P.O. Box 1165 Renton, WA 98057
Renton, WA 98057
CIAW:
Director of Claims
Canfield Associates, Inc.
451 Diamond Drive
Ephrata, WA 98823
VALLEY SWAT TEAM 08 19 -2010
INTERLOCAI AGREEMENT Page 10
26
XVIII. COMPLIANCE WITH THE LAW
The VSWAT Team and all its members shall comply with all federal, state, and local
laws that apply to the VSWAT Team,
XIX. ALTERATIONS
This Agreement may be modified, amended, or altered by agreement of all participating
jurisdictions and such alteration, amendment, or modification shall be effective when
reduced to writing and executed in a manner consistent with paragraph XXIII of this
Agreement.
XX. RECORDS
Each jurisdiction shall maintain training records related to the VSWAT Team for a
minimum of seven (7) years. A copy of these records will be forwarded and maintained
with the designated VSWAT Team Training Coordinator. All records shall be available
for full inspection and copying by each participating jurisdiction.
XXI. FILING
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.
XXII. 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.
XXIII. MUNICIPAL AUTHORIZATIONS
This Agreement shall be executed on behalf 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.
VALLEY SWAT TEAM 08 -19 -2010
INTERLOCALAGREEMENT Page 11.
27
By signing below, the signor certifies that he or she has the authority to sign this
Agreement on behalf of the jurisdiction, and the jurisdiction agrees to the terms
of this Agreement.
Mayor, City of Auburn Date City Attorney, City of Auburn Date
City Clerk, City of Auburn Date
Mayor, City of Renton Date City Attorney, City of Renton Date
City Clerk, City of Renton Date
Mayor, City of Tukwila Date City Attorney, City of Tukwila Date
City Clerk, City of Tukwila Date
Mayor, City of Kent Date City Attorney, City of Kent Date
City Clerk, City of Kent Date
City Manager, City of Federal Way Date City Attorney, City of Federal Way Date
City Clerk, City of Federal Way Date
Chief Executive Officer, Port of Seattle Date Port Counsel, Port of Seattle Date
VALLEY SWAT TEAM 08 -19 -2010
INTERLOCAL AGREEMENT Page 12
28
CAG -03 -080 Adden #1 -05
ADDENDUM ONE
TO THE VALLEY SPECIAL RESPONSE TEAM
INTERLOCAL COOPERATIVE AGREEMENT BETWEEN THE CITIES OF AUBURN,
FEDERAL WAY, KENT, RENTON, TUKWILA, THE PORT OF SEATTLE
THIS ADDENDUM ONE is made between the cities of Auburn, Federal Way, Kent,
Renton, Tukwila, and the Port of Seattle, all Washington municipal corporations, and amends
the Valley Special Response Team Interlocal Cooperative Agreement, dated effective
November 13, 2003
WITNESSETH
WHEREAS, the cities of Auburn, Federal Way, Kent, Renton, Tukwila and the Port of
Seattle i entered into an interlocal cooperative agreement, in accordance with Chs 10 93,
35 34, and 53 08 of the Revised Code of Washington in order to establish and maintain a multi
jurisdictional team to effectively respond to serious criminal occurrences as described within that
agreement; and
WHEREAS, this multi jurisdictional team is known as the Valley Special Response Team
"SRT and
WHEREAS, from time to time, claims and lawsuits are filed with and against the
jurisdictions that participate in the SRT for alleged damages and injuries that occur as a result of
SRT activities, and
WHEREAS, it is acknowledged that claims and lawsuits may be filed against
jurisdictions that did not participate in the SRT response that gave rise to the claim or lawsuit or
that a claim or lawsuit may be filed against a jurisdiction that is not in the best position to
coordinate a response to the claim or lawsuit; and
WHEREAS, the jurisdictions participating in the SRT have elected to enter into this
Addendum One in order to establish a process that will assist them in processing and
responding to claims and lawsuits in a matter that best meets the purposes and policies of the
Interlocal Agreement;
NOW THEREFORE, the cities of Auburn, Federal Way, Kent, Renton, Tukwila, and the
Port of Seattle agree as follows
PROCESSING OF CLAIMS
A. Designation of Lead Jurisdiction
There shall be a lead jurisdiction for processing a claim that is filed with
and against cities for alleged damages and injuries that occur as a result
of SRT activities The lead jurisdiction shall be the jurisdiction within
which the SRT response occurred, PROVIDED, that in the event the
jurisdiction within which the SRT response occurred did not participate in
the SRT response, the lead jurisdiction shall be the jurisdiction within
which the incident that required the SRT response originated In the
ADDENDUM ONE TO THE VALLEY
SRT INTERLOCAL AGREEMENT 1 of 6 005
(August 20, 2004)
29
event that a jurisdiction that was pot involved in the SRT response
receives the claim, that jurisdiction shall notify the other jurisdictions in
accordance with Section XIV of the Agreement and this Addendum and
shall use its best efforts to determine who is the appropriate lead
jurisdiction
B. Assistance of Tactical Commander
The SRT Tactical Commander shall assist the lead jurisdiction in
responding to a claim The SRT Tactical Commander shall be
responsible for gathering all records relating to the SRT response These
records shall include, but are not limited to, incident reports notes
transcripts, photos, evidence logs, recorded statements, documents from
emergency .dispatch centers, and warrants from all jurisdictions that
participated in the SRT response The Tactical Commander shall also
provide a list of personnel who participated in the response and their
contact information The Tactical Commander shall deliver all copies of
the records to the lead jurisdiction promptly upon request.
C Claims of $5,000 or Less.
Lead Jurisdiction Responsibilities.
The lead jurisdiction shall be responsible for working with the
Tactical Commander to gather records relating to the SRT
response The lead jurisdiction shall provide records to its
insurance provider and shall assist its insurance provider in
assessing liability for acts associated with the claim. The lead
jurisdiction shall notify the other jurisdictions of any determinations
as to liability In determining whether a claim should be paid, the
lead jurisdiction and its insurance provider shall, at a minimum,
consider the potential legal defenses to the claim and the costs of
defending the claim.
ij. Liability Determination Apportionment of Damages
The lead jurisdiction, with the assistance of its insurance provider
and risk manager, shall determine whether the SRT is liable for
damages set forth in a claim, and whether the payment of the
claim would be in the best interest of the jurisdictions and/or the
SRT In the event that the lead jurisdiction determines that
payment of a claim is appropriate, such determination shall be
final and binding upon other jurisdictions and payment shall be
apportioned equally among all jurisdictions that participated in the
SRT response. The insurance provider for the lead jurisdiction
shall provide full payment to the claimant, and each jurigdiction
that participated in the response shall reimburse the insurance
provider for its equal share of such payment.
Prior to the payment of any claim, and as a condition of such
payment, the insurance provider providing payment shall obtain
from the claimant a complete and total release of liability on behalf
ADDENDUM ONE TO THE VALLEY
SRT INTERLOCAL AGREEMENT 2 of 6
(August 20, 2004)
30
waiver by any participating jurisdiction of the requirements set forth in Chapter
2.96 RCW, and the fact that a participating jurisdiction provides notice or copies
of a claim to another jurisdiction 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 Chapter 2.96 RCW Moreover, nothing in the
Agreement or this Addendum 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
For the purposes of implementing Section XIV of the Agreement and the
procedures set forth in this Addendum, the following persons from each
jurisdiction shall receive any required notification or documentation
Auburn Kent:
Daniel B Heid Arthur Pat Fitzpatrick
Auburn City Attorney x, Kent Deputy City Attorney
25 West Main Street 220 Avenue South
Auburn, WA 98001 Kent, WA 98032
(253) 856 -5781
(253) 931 -3030
ofitzoatrick kent.wa. us
dheidOci.auburn.wa.us
Jim Kelly Chris Hills
Auburn Police Chief Kent Risk Manager
101 N Division 220 4th Avenue South
Auburn, WA 98001 Kent, WA 98032
(253) 931 -3080 (253) 856 -5285
ikellvaci.auburn.wa.us chillsna ci.kent.wa.us
Brenda Heineman Brenda Jacober
Auburn Human Resources Kent City Clerk
Director /Risk Manager 220 4 Avenue South
25 West Main Street Kent, WA 98032
Auburn, WA 98001 (253) 856 -5728
(253) 931 -3040 biacoberOci.kent.wa.us
bheinemanaci.auburn.wa.us
Danielle E. Daskam Ed Crawford
Auburn City Clerk Kent Police Chief
25 West Main Street 220 4th Avenue South
Auburn, WA 98001 Kent, WA 98032
(253) 931 -3039 (253) 856 -5888
ddaskam an ci.auburn.wa.us ecrawfordaci.kent.wa.us
ADDENDUM ONE TO THE VALLEY
SRT INTERLOCAL AGREEMENT 4 of 6
(August 20, 2004)
31
of all jurisdictions participating in the SRT and each and every
officer, agent, or volunteer of those participating jurisdictions
In the event that the lead jurisdiction determines that the SRT is
not liable for damages set forth in a claim or that the payment of
the claim would not be in the best interest of the jurisdictions
and /or the SRT, the lead jurisdiction shall notify the other
jurisdictions of the determination, and such determination shall be
binding on the other jurisdictions, provided, that another
jurisdiction that determines that payment is appropriate may pay
such claim in full, and shall not seek reimbursement from the other
participating jurisdictions
Letter From Insurance Adjusters
In the event that a lead jurisdiction, in conjunction with its
insurance provider, determines that payment of a claim is
appropriate, the insurance provider shall provide each of the
participating jurisdictions with a letter stating the determination
and the bases for such determination
‘D Claims over $5,000
i. Lead Jurisdiction Responsibilities
The lead jurisdiction shall schedule a meeting with all jurisdictions
participating in the SRT to discuss the claim and to determine the
appropriate manner in which to respond and /or defend the claim
The SRT Board members and persons listed in Section IV of this
Addendum shall be notified of the meeting
II PROCESSING OF LAWSUITS.
A. Notification to Other Jurisdictions.
In the event that a jurisdiction is served with a lawsuit, that jurisdiction
shall provide notice and documentation of the lawsuit to each of the other
jurisdictions in accordance with Section XIV of the SRT Agreement and
this Addendum.
B. Coordination of Initial Meeting.
The jurisdiction that initially receives a lawsuit shall schedule a meeting
with all of the jurisdictions participating in the SRT to discuss the lawsuit
and to determine the appropriate manner within which to respond and /or
defend the lawsuit. The SRT Board members and persons listed in
Section III of this Addendum shall be notified of the meeting
I11 NOTIFICATION OF CLAIMS AND LAWSUITS
Section XIV of the SRT Agreement requires that the jurisdiction receiving a claim
or lawsuit notify the other jurisdictions of the claim or lawsuit and provide
documentation Of that claim or lawsuit to the other jurisdictions In addition, the
procedures set forth in this Addendum require notification to participating
jurisdictions Nothing in the Agreement or this Addendum shall be deemed a
ADDENDUM ONE TO THE VALLEY
SRT INTERLOCAL AGREEMENT 3 of 6
(August 20, 2004)
32
V EFFECTIVE DATE.
This Addendum shall become effective upon the last date of execution by the last
authorized representative
VI REMAINING PROVISIONS.
Except as specifically amended, all provisions of the Agreement shall remain in
full force and effect.
BY SIGNING BELOW, the signor certifies that he or she has the authority to sign this
Agreement on behalf of the jurisdiction, and the jurisdiction agrees to the terms of this
Addendum,
Mayor, City of Auburn Date City Attorney, City of Auburn Date
City Clerk, City of Auburn Date
64A /Ce th- LJ1 0 05X,,s---
Mayor, ity of 'Renton Date City Attorney, City of Renton Date
n
Cit Jerk, City of Rento
l ate
il\rN, ivThu,OCc.k- y
May,Q City of Tukwila Date t.Ity Attor ity oukwila Date
L
,__../.12,-,L,.. (i ..,4! c° L.;.
City }Clerk, City of Tukwila Date
Mayor, City of Kent Date City Attorney, City of Kent Date
I
City lerk, .14 Kent Apr Date D GL U RR- YJ Zi
'ty Manbger, Cit of Fed? al Way/ /DA City Atto ey, City of Federal Way 1 DIte
3
fr ilerk, City of Federat6 y ate
Executive Director, Port of Seattle Date Port Counsel, Port of Seattle Date
PftChb F&ESOp. 'l..O7DTAd' ^dnrRem,a,Eee
ADDENDUM ONE TO THE VALLEY
SRT INTERLOCAL AGREEMENT 6 of 6
(August 20, 2004)
33
Kent (cont.).
Dave Santos
Kent Police Support Services Mgr
220 4"' Avenue South
Kent, WA 98032
dsantos anci.kent.wa.us
Federal War Renton.
City Clerk Mike Webby
City of Federal Way Renton Risk Manager
P O Box 9718 1055 So Grady Way
Federal Way, WA 98063 Renton, WA 98055
Patricia,Richardson Port of Seattle
Federal Way City, Attorney
City o *Federal Way Peggy McPartland
P 0 Box 9718 Port of Seattle Claims Manager
Federal Way, WA 98063 P O Box 1209
Seattle, WA 98111
mcoartland.D
Tukwila. CIAW
City Clerk Phillip M Riche
City of Tukwila Director of Claims
6200 Southcenter Blvd Canfield Associates, Inc.
Tukwila, WA 98043 451 Diamond Drive
Ephrata, WA 98823
pricheCcr�canfield- associates.com
WCIA.
Peg Campbell
Claims Manager
WCIA
P O Box 1165
Renton, WA 98057
pegc a.wcia000l.orq
IV CONFLICT WITH AGREEMENT
If any provision of this Addendum conflicts with the provisions of the Agreement,
the terms of the Agreement shall control.
ADDENDUM ONE TO THE VALLEY
SRT INTERLOCAL AGREEMENT 5 of 6
(August 20, 2004)
34
ADDENDUM ONE
TO THE VALLEY SPECIAL RESPONSE TEAM
INTERLOCAL COOPERATIVE AGREEMENT BETWEEN THE CITIES OF AUBURN,
FEDERAL WAY, KENT, RENTON, TUKWILA, THE PORT OF SEATTLE
THIS ADDENDUM ONE is made between the cities of Auburn, Federal Way Kent,
Renton, Tukwila, and the Port of Seattle, all Washington municipal corporations, and amends
the Valley Special Response Team Interlocal Cooperative Agreement, dated effective
November 13, 2003
WITNESSETH
WHEREAS, the cities of Auburn, Federal Way, Kent, Renton, Tukwila, and the Port of
Seattle 1 entered into an interlocal cooperative agreement, in accordance with Chs 10 93
39 34, and 53 08 of the Revised Code of Washington in order to establish and maintain a multi
jurisdictional team to effectively respond to serious criminal occurrences as described within that
agreement; and
WHEREAS, this multi jurisdictional team is known as the Valley Special Response Team
"SRT and
WHEREAS, from time to time claims and lawsuits are filed with and against the
jurisdictions that participate in the SRT for alleged damages and injuries that occur as a result of
SRT activities, and
WHEREAS, it is acknowledged that claims and lawsuits may be filed against
jurisdictions that did not participate in the SRT response that gave rise to the claim or lawsuit or
that a claim or Lawsuit may be filed against a jurisdiction that is not in the best position to
coordinate a response to the claim or lawsuit; and
WHEREAS, the jurisdictions participating in the SRT have elected to enter into this
Addendum One in order to establish a process that will assist them in processing and
responding to claims and lawsuits in a matter that best meets the purposes and policies of the
Interlocal Agreement;
NOW THEREFORE the cities of Auburn, Federal Way, Kent, Renton, Tukwila and the
Port of Seattle agree as follows
PROCESSING OF CLAIMS
A. Designation of Lead Jurisdiction
There shall be a lead jurisdiction for processing a claim that is filed with
and against cities for alleged damages and injuries that occur as a result
of SRT activities The lead jurisdiction shall be the jurisdiction within
which the SRT response occurred, PROVIDED, that in the event the
jurisdiction within which the SRT response occurred did not participate in
the SRT response the lead jurisdiction shall be the jurisdiction within
which the incident that required the SRT response originated In the
ADDENDUM ONE TO THE VALLEY
SRT INTERLOCAL AGREEMENT 1 of 6 n
(August 20 2004) u �po5
RECD 0 ..d Y
35
event that a jurisdiction that was. pot involved in the SRT response
receives the claim that jurisdiction shall notify the other jurisdictions in
accordance with Section XIV of the Agreement and this Addendum and
shall use its best efforts to determine who is the appropriate lead
jurisdiction
B Assistance of Tactical Commander
The SRT Tactical Commander shall assist the lead jurisdiction in
responding to a claim The SRT Tactical Commander shall be
responsible for gathering all records relating to the SRT response These
records shall include but are not limited to incident reports notes
transcripts photos, evidence logs, recorded statements documents from
emergency dispatch centers and warrants from all jurisdictions that
participated in the SRT response The Tactical Commander shall also
provide a list of personnel who participated in the response and their
contact information The Tactical Commander shall deliver all copies of
the records to the lead jurisdiction promptly upon request.
C Claims of $5,000 or Less
Lead Jurisdiction Responsibilities
The lead jurisdiction shall be responsible for working with the
Tactical Commander to gather records relating to the SRT
response The lead jurisdiction shall provide records to its
insurance provider and shall assist its insurance provider in
assessing liability for acts associated with the claim The lead
jurisdiction shall notify the other jurisdictions of any determinations
as to liability In determining whether a claim should be paid the
lead jurisdiction and its insurance provider shall at a minimum
consider the potential legal defenses to the claim and the costs of
defending the claim
,ij Liability Determination Apportionment of Damages
The lead jurisdiction, with the assistance of its insurance provider
and risk manager, shall determine whether the SRT is liable for
damages set forth in a claim, and whether the payment of the
claim would be in the best interest of the jurisdictions and /or the
SRT In the event that the lead jurisdiction determines that
payment of a claim is appropriate, such determination shall be
final and binding upon other jurisdictions and payment shall be
apportioned equally among all jurisdictions that participated in the
SRT response The insurance provider for the lead jurisdiction
shall provide full payment to the claimant, and each jurisdiction
that participated in the response shall reimburse the insurance
provider for its equal share of such payment.
Prior to the payment of any claim, and as a condition of such
Payment, the insurance provider providing payment shall obtain
from the claimant a complete and total release of liability on behalf
ADDENDUM ONE TO THE VALLEY
SRT INTERLOCAL AGREEMENT 2 of 6
(August 20, 2.004)
36
of all jurisdictions participatiog in the SRT and each and every
officer agent, or volunteer of those participating jurisdictions
In the event that the Lead jurisdiction determines that the SRT is
not liable for damages set forth in a claim or that the payment of
the claim would not be in the best interest of the jurisdictions
and /or the SRT, the lead jurisdiction shall notify the other
jurisdictions of the determination, and such determination shall be
binding on the other jurisdictions, provided, that another
jurisdiction that determines that payment is appropriate may pay
such claim in full, and shall not seek reimbursement from the other
participating jurisdictions
iii Letter From insurance Adjusters
In the event that a lead jurisdiction in conjunction with its
insurance provider, determines that payment of a claim is
appropriate the insurance provider shall provide each of the
participating jurisdictions with a letter stating the determination
and the bases for such determination
Claims over$5,000
Lead Jurisdiction Responsibilities
The lead jurisdiction shall schedule a meeting with all jurisdictions
participating in the SRT to discuss the claim and to determine the
appropriate manner in which to respond and /or defend the claim
The SRT Board members and persons listed in Section IV of this
Addendum shall be notified of the meeting
II PROCESSING OF LAWSUITS
A. Notification to Other Jurisdictions
In the event that a jurisdiction is served with a lawsuit, that jurisdiction
shall provide notice and documentation of the lawsuit to each of the other
jurisdictions in accordance with Section XIV of the SRT Agreement and
this Addendum.
B Coordination of Initial Meeting
The jurisdiction that initially receives a lawsuit shall schedule a meeting
with all of the jurisdictions participating in the SRT to discuss the lawsuit
and to determine the appropriate manner within which to respond and/or
defend the Lawsuit, The SRT Board members and persons listed in
Section III of this Addendum shall be notified of the meeting
fll NOTIFICATION OF CLAIMS AND LAWSUITS
Section XIV of the SRT Agreement requires that the jurisdiction receiving a claim
or lawsuit notify the other jurisdictions of the claim or lawsuit and provide
documentation bf that claim or lawsuit to the other jurisdictions In addition the
procedures set forth in this Addendum require notification to participating
jurisdictions Nothing in the Agreement or this Addendum shall be deemed a
ADDENDUM ONE TO THE VALLEY
SRT INTERLOCAL AGREEMENT 3 of 6
(August 20 2004)
37
waiver by any participating jurisdiction of .the requirements set forth in Chapter
2.96 RCW, and the fact that a participating jurisdiction provides notice or copies
of a claim to another jurisdiction 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 Chapter 2.96 RCW Moreover, nothing in the
Agreement or this Addendum 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
For the purposes of implementing Section XIV of the Agreement and the
procedures set forth in this Addendum the following persons from each
jurisdiction shall receive any required notification or documentation
Auburn Kent
Daniel 6 Held Arthur Pat Fitzpatrick
Auburn City Attorney Kent Deputy City Attorney
25 West Main Street 220 4th Avenue South
Auburn, WA 98001 Kent, WA 98032
(253) 931 -3030 (253) 856 5781
pfitzoatrick anci.kent.wa.us
dheid(@ci.auburn.wa.us
Jim Kelly Chris Hills
Auburn Police Chief Kent Risk Manager
101 N Division 220 4' Avenue South
Auburn, WA 98001 Kent, WA 98032
(253) 931 -3080 (253) 856 -5285
ikelly( ci.auburn.wa.us chills a(ci.kent.wa.us
Brenda Heineman Brenda Jacober
Auburn Human Resources Kent City Clerk
Director /Risk Manager 220 4' Avenue South
25 West Main Street Kent, WA 98032
Auburn, WA 98001 (253) 856 -5728
(253•931 -3040 biacober@ ci.kent.wa.us
bheineman anci_auburn.wa.us
Danielle E. Daskam Ed Crawford
Auburn City Clerk Kent Police Chief
25 West Main Street 220 4 Avenue South
Auburn, WA 98001 Kent, WA 98032
(253) 931 -3039 (253) 856 -5888
ddaskameci.auburn.wa.us ecrawford a( ci.kent.wa.us
ADDENDUM ONE TO THE VALLEY
SRT INTERLOCAL AGREEMENT 4 of 6
(August 20 2004)
38
Kent (cont.).
Dave Santos
Kent Police Support Services Mgr
220 4th Avenue South
Kent, WA 98032
dsantoseci.kent.wa.us
Federal Way Renton
City Clerk Mike Webby
City of Federal Way Renton Risk Manager
P O Box 9718 1055 So Grady Way
Federal Way WA 98063 Renton, WA 98055
Patricia Richardson Port of Seattle
Federal Way City Attorney
City of Federal Way Peggy McPartland
P 0 Box 9718 Port of Seattle Claims Manager
Federal Way, WA 98063 P 0 Box 1209
Seattle, WA 98111
mcoartland.o(@..00rtseattle.oro
Tukwila CIAW
City Clerk Phillip M Riche
City of Tukwila Director of Claims
6200 Southcenter Blvd Canfield Associates, Inc.
Tukwila, WA 98043 451 Diamond Drive
Ephrata, WA 98823
priche(a�canfield- associates.com
WCIA.
Peg Campbell
Claims Manager
WCIA
P 4 Box 1165
Renton, WA 98057
neuc(0 wcianool.ora
IV CONFLICT WITH AGREEMENT
If any provision of this Addendum conflicts with the provisions of the Agreement
the terms of the Agreement shall control
ADDENDUM ONE TO THE VALLEY
SRT INTERLOCAL AGREEMENT 5 of 6
(August 20 2004)
39
n n
-/C 2
INTERLOCAL COOPERATIVE AGREEMENT BETWEEN AUBURN,
FEDERAL WAY, KENT, RENTON, TUKWILA, AND THE PORT OF
SEATTLE, FOR CREATION OF THE
VALLEY SPECIAL RESPONSE TEAM
I PARTIES
The parties to this Agreement are the Port of Seattle and the municipalities of Auburn,
Federal Way, Kent, 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 Chapters 10 93, 39 34, and 53 08 of the
Revised Code of Washington
III PURPOSE
The parties hereto desire to establish and maintain a multi jurisdictional team to
effectively respond to serious criminal occurrences as described below
IV FORMATION
There is hereby created a multi jurisdictional team to be hereafter known as the "Valley
Special Response Team" "SRT the members of which shall be the Port of Seattle,
and the cities of Auburn, Federal Way, Kent, 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 SRT Incident Commander and /or the SRT
Tactical Commander
V STATEMENT OF PROBLEM
King County and the municipalities within the Puget Sound area have experienced
increasingly violent criminal confrontations due to increased gang activity, increased
drug abuse, increased urbanization, and increased population densities The ability to
safely control, contain, and resolve criminal conduct such as civil disobedience,
barricaded subjects, hostage situations, gang member arrests, high risk felony arrests,
and narcotic /high risk search warrants has strained resources of the members'
individual police department specialty teams
Law enforcement efforts directed at dealing with these violent confrontations have, for
the most part, been conducted by law enforcement agencies working independently A
multi jurisdictional effort to handle specific serious criminal confrontations, as well as
weapons of mass destruction, will result in more effective pooling of personnel,
improved utilization of municipal funds, reduced duplication of equi ment, improved
St
VALLEY SPECIAL RESPONSE TEAM 1 CT Z
OPERATIONAL AGREEMENT 0 R G1 \A a5
41
training, development of specialized expertise, and increased utilization /application of a
combined special response team The results of a multi jurisdictional effort will be
improved services for the citizens of all participating jurisdictions, increased safety for
officers and the community, and improved cost effectiveness
VI TEAM OBJECTIVES
The individual specialty units from each participating jurisdiction will be consolidated
and combined to form the SRT The SRT shall service each participating jurisdiction
The SRT shall also be available to outside law enforcement agencies as provided by
chapter 10 93 RCW
The objective of the SRT shall be to provide enhanced use of personnel, equipment,
budgeted funds, and training The SRT shall respond as requested by any of the
participating jurisdictions and provide a coordinated response to high -risk incidents
VII DURATION AND TERMINATION
The minimum term of this Agreement shall be one (1) year, effective upon its adoption
This Agreement shall automatically be extended for consecutive one (1) year terms,
unless terminated pursuant to the terms of this Agreement.
A jurisdiction may withdraw its participation in the SRT by providing written notice of its
withdrawal, and serving such notice upon each Executive Board member of the
remaining jurisdictions A notice of withdrawal shall become effective ninety (90) days
after service of the notice on all participating members
The SRT may be terminated by a majority vote of the Executive Board Any vote for
termination shall occur only when the police chief of each participating jurisdiction is
present at the meeting in which such vote is taken
VIII GOVERNANCE
The affairs of the team shall be governed by an Executive Board "Board whose
members are composed of the police chief, or his /her designee, from each participating
jurisdiction Each member of the Board 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 in which the decision is made A majority
of Board members, or their designees, must be present at each meeting for any actions
taken to be valid A presiding officer shall be elected by the Board together with such
other officers as a majority of the Board may decide
There shall be a minimum of four (4) Board meetings each year One meeting shall be
held in March of each year to review the prior year's service Another meeting shall be
held in August of each year to review and present a budget to the participating
jurisdictions At least two (2) other meetings shall be held each year to review the
SRT's activities and policies The presiding officer, or any Board member, may call
extra meetings as deemed appropriate The presiding officer shall provide no less than
forty -eight (48) hours notice of all meetings to all members of the Board, PROVIDED,
VALLEY SPECIAL RESPONSE TEAM 2
OPERATIONAL AGREEMENT
42
however, that in emergency situations, the presiding officer may conduct a telephonic
meeting or poll of Board members to resolve any issues related to such emergency
The Board shall develop SRT written policies, regulations, and operational procedures
within ninety (90) calendar days of the execution of this Agreement. The SRT written
policies, regulations, and operational procedures shall apply to all SRT operations
Thus, to the extent that the written policies, regulations, and operational procedures of
the SRT conflict with the policies, regulations, and operational procedures of the
individual jurisdictions, the SRT written policies, regulations, and procedures shall
prevail
IX. STAFF
A Tactical Commander, which shall be a command level officer, shall be appointed
annually by the Board to act as the principal liaison and facilitator between the Board
and the members of the SRT The Tactical Commander shall operate under the
direction of the presiding officer of the Board The Tactical Commander shall be
responsible for informing the Board on all matters relating to the function, expenditures,
accomplishments, training, number of calls that the SRT responds to, problems of the
SRT, and any other matter as requested by the Board The Tactical Commander may
be removed by action of the Board at anytime and for any reason, with or without
cause
The Tactical Commander shall prepare monthly written reports to the Board on the
actions, progress, and finances of the SRT In addition, the Tactical Commander shall
be responsible for presenting rules, procedures, regulations, and revisions thereto for
Board approval
Each jurisdiction shall contribute seven (7) full -time commissioned officers, which shall
include at least one (1) Sergeant or other first level supervisor, to be assigned to the
SRT The personnel assigned to the SRT shall be considered employees of the
contributing jurisdiction The contributing jurisdiction shall be solely and exclusively
responsible for the compensation and benefits for the personnel it contributes to the
SRT All rights, duties, and obligations of the employer and the employee shall remain
with the contributing jurisdiction Each jurisdiction 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 Board may appoint the finance department of a participating jurisdiction to manage
the finances of the SRT Before appointing the finance department of a particular
jurisdiction to manage the finances of the SRT, the Board shall consult with the finance
department of the jurisdiction and obtain its approval The duty of managing the
finances of the SRT shall be rotated to other participating jurisdictions at the discretion
of the Board
The Board may, at its discretion, appoint one (1) or more legal advisors to advise the
Board on legal issues affecting the SRT The legal advisor(s) shall be the legal
representative(s) for one or more of the jurisdictions participating in the SRT The legal
VALLEY SPECIAL RESPONSE TEAM 3
OPERATIONAL AGREEMENT
43
advisor(s) shall, when appropriate or when requested by the Board, consult with the
legal representatives of all participating jurisdictions before rendering legal advice
X. COMMAND AND CONTROL
During field activation of the SRT, an Incident Commander, SRT Tactical Commander,
and SRT Team Leader(s) will be designated The duties and procedures to be utilized
by the Incident Commander, the SRT Tactical Commander, and the SRT Team
Leader(s) shall be set forth in the standard operating procedures approved by the
Board The standard operating procedures approved by the board may designate other
personnel to be utilized during an incident.
XI EQUIPMENT, TRAINING, AND BUDGET
Each participating jurisdiction shall acquire the equipment of its participating SRT
members Each participating jurisdiction shall provide sufficient funds to update,
replace, repair, and maintain the equipment and supplies utilized by its participating
SRT members Each participating jurisdiction shall provide sufficient funds to provide
for training of its participating SRT members
The equipment, supplies, and training provided by each jurisdiction to its personnel
participating in the SRT shall be equal to those provided by the other participating
jurisdictions
Each member jurisdiction shall maintain an independent budget system to account for
funds allocated and expended by its participating SRT members
The Board must approve any joint capital expenditure for SRT equipment.
XII DISTRIBUTION OF ASSETS UPON TERMINATION
Termination shall be in accordance with those procedures set forth in prior sections
Each participating jurisdiction shall retain sole ownership of equipment purchased and
provided to its participating SRT members
Any assets acquired with joint funds of the SRT shall be equally divided among the
participating jurisdictions at the asset's fair market value upon termination The value of
the assets of the SRT shall be determined by using commonly accepted methods of
valuation If two (2) or more participating jurisdictions desire an asset, the final decision
shall be made by arbitration (described below) Any property not claimed shall be
declared surplus by the Board and disposed of pursuant to state law for the disposition
of surplus property The proceeds from the sale or disposition of any SRT property,
after payment of any and all costs of sale or debts of the agency, shall be equally
distributed to those jurisdictions participating in the SRT at the time of dissolution in
proportion to the jurisdiction's percentage participation in the SRT as of the date of
dissolution In the event that one (1) or more jurisdictions terminate their participation in
the SRT, but the SRT continues to exist, the jurisdiction terminating participation shall
be deemed to have waived any right or title to any property owned by the SRT or to
share in the proceeds at the time of dissolution
VALLEY SPECIAL RESPONSE TEAM 4
OPERATIONAL AGREEMENT
44
Arbitration pursuant to this section shall occur as follows
A. The jurisdictions interested in an asset shall select one (1) person
(Arbitrator) to determine which agency will receive the property If the
jurisdictions cannot agree to an Arbitrator, the chiefs of the jurisdictions
participating in the SRT upon dissolution shall meet to determine who the
Arbitrator will be The Arbitrator may be any person not employed by the
jurisdictions that desire the property
B During a meeting with the Arbitrator, each jurisdiction interested in the
property shall be permitted to make an oral and/or written presentation to
the Arbitrator in support of its position
C At the conclusion of the presentation, the Arbitrator shall determine which
jurisdiction is to receive the property The decision of the Arbitrator shall
be final and shall not be the subject of appeal or review
XIII LIABILITY, HOLD HARMLESS, AND INDEMNIFICATION
It is the intent of the participating jurisdictions to provide services of the SRT without the
threat of being subject to liability to one another and to fully cooperate in the defense of
any claims or lawsuits arising out of or connected with SRT actions that are brought
against the jurisdictions To this end, the participating jurisdictions agree to equally
share responsibility and liability for the acts or omissions of their participating personnel
when acting in furtherance of this Agreement. In the event that an action is brought
against any of the participating jurisdictions, each jurisdiction shall be responsible for an
equal share of any award for or settlement of claims of damages, fines, fees, or costs,
regardless of which jurisdiction or employee the action is taken against or which
jurisdiction or employee is ultimately responsible for the conduct. The jurisdictions shall
share equally regardless of the number of jurisdictions named in the lawsuit or claim or
the number of officers from each jurisdiction named in the lawsuit or claim This section
shall be subject to the conditions and limitations set forth in subsections A through G
below
A. Jurisdiction Not Involved In SRT Response In the event that a jurisdiction
or its personnel were not involved in the SRT response to the incident that
gives rise to a claim or lawsuit, and judgment on the claim or lawsuit does
not, in any manner, implicate the acts of a particular jurisdiction or its
personnel, such jurisdiction shall not be required to share responsibility for
the payment of the judgment or award
B Intentionally Wrongful Conduct Beyond the Scope of Employment.
Nothing herein shall require, or be interpreted to require indemnification or
payment of any judgment against any SRT personnel for intentionally
wrongful conduct that is outside of the scope of employment of any
individual or for any judgment of punitive damages against any individual
or jurisdiction Payment of any award for punitive damages shall be the
VALLEY SPECIAL RESPONSE TEAM 5
OPERATIONAL AGREEMENT
45
sole responsibility of the person or jurisdiction that employs the person
against whom such award is rendered
C Collective Representation and Defense The jurisdictions may retain joint
legal counsel to collectively represent and defend the jurisdictions in any
legal action Those retaining joint counsel shall share equally the costs of
such representation or defense
In the event a jurisdiction does not agree to joint representation, the
jurisdiction shall be solely responsible for all attorneys fees accrued by its
individual representation or defense
The jurisdictions and their respective defense counsel shall make a good
faith attempt to cooperate with other participating jurisdictions by,
including but not limited to, providing all documentation requested, and
making SRT members available for depositions, discovery, settlement
conferences, strategy meetings, and trial
D Removal From Lawsuit. In the event a jurisdiction or employee is
successful in withdrawing or removing the jurisdiction or employee from a
lawsuit by summary judgment, qualified immunity, or otherwise, the
jurisdiction shall nonetheless be required to pay its equal share of any
award for or settlement of the lawsuit; PROVIDED, however, that in the
event a jurisdiction or employee is removed from the lawsuit and
subsection (A) of this section is satisfied, the jurisdiction shall not be
required to pay any share of the award or settlement.
E Settlement Process It is the intent of this Agreement that the jurisdictions
act in good faith on behalf of each other in conducting settlement
negotiations on liability claims or lawsuits so that, whenever possible, all
parties agree with the settlement or, in the alternative, agree to proceed to
trial In the event a claim or lawsuit requires the sharing of liability, no
individual jurisdiction shall be authorized to enter into a settlement
agreement with a claimant or plaintiff unless all jurisdictions agree with the
terms of the settlement. Any settlement made by an individual jurisdiction
without the agreement of the remaining jurisdictions, when required, shall
not relieve the settling jurisdiction from paying an equal share of any final
settlement or award
F Defense Waiver This section shall not be interpreted to waive any
defense arising out of RCW Title 51
G Insurance The failure of any insurance carrier or self- insured pooling
organization to agree to or follow the terms of this section shall not relieve
any individual jurisdiction from its obligations under this Agreement.
VALLEY SPECIAL RESPONSE TEAM 6
OPERATIONAL AGREEMENT
46
XIV 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 their conduct in support of SRT operations, the
jurisdiction shall promptly notify the other jurisdictions that the claim or lawsuit has been
initiated Any documentation, including the claim or legal complaints, shall promptly be
provided to each participating jurisdiction
Any jurisdiction or member who believes or knows that another jurisdiction would be
liable for a claim, settlement, or judgment that arises from a SRT action or operation,
shall have the burden of notifying each participating jurisdiction of all claims, lawsuits,
settlements, or demands made to that jurisdiction In the event a participating
jurisdiction has a right, pursuant to section XIII of this Agreement, to be defended and
held harmless by another participating jurisdiction, the jurisdiction having the right to be
defended and held harmless shall promptly tender the defense of such claim or lawsuit
to the jurisdiction that must defend and hold the other harmless
XV COMPLIANCE WITH THE LAW
The SRT and all its members shall comply with all federal, state, and local laws that
apply to the SRT
XVI ALTERATIONS
This Agreement may be modified, amended, or altered by agreement of all participating
jurisdictions and such alteration, amendment, or modification shall be effective when
reduced to writing and executed in a manner consistent with paragraph XX of this
Agreement.
XVII RECORDS
Each jurisdiction shall maintain training records related to the SRT for a minimum of
seven (7) years A copy of these records will be forwarded and maintained with the
designated SRT Training Coordinator All records shall be available for full inspection
and copying by each participating jurisdiction
XVIII FILING
Upon execution hereof, this Agreement shall be filed with the city clerks of the
respective participating municipalities, the Director of Records and Elections of King
County, the secretary of state, and such other governmental agencies as may be
required by law
XIX. 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.
VALLEY SPECIAL RESPONSE TEAM 7
OPERATIONAL AGREEMENT
47
XX. MUNICIPAL AUTHORIZATIONS
This Agreement shall be executed on behalf 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 jurisdiction, and the jurisdiction agrees to the terms
of this Agreement.
Mayor, City of Auburn Date City Attorney, City of Auburn Date
City Clerk, City of Auburn Date
Mayor, City of Renton Date City Attorney, City of Renton Date
City Clerk, City of Renton Date c
Mayor, City of Tukwila Date City Attorney, City of Tukwila Date
City Clerk, City of Tukwila Date
Mayor, City of Kent Date City Attorney, City of Kent Date
City Clerk, City of Kent Date
City Manager, City of Federal Way Date City Attorney, City of Federal Way Date
City Clerk, City of Federal Way Date
Executive Director, Port of Seattle Date Port Counsel, Port of Seattle Date
1 10, 1 FIl.E510p...4a..7 0 .3WA14nM1..dAeAt.ry.dflndO.Ad
VALLEY SPECIAL RESPONSE TEAM 8
OPERATIONAL AGREEMENT
48
XX. MUNICIPAL AUTHORIZATIONS
This Agreement shall be executed on behalf of each participating jurisdiction by its duly
authorized representative and pursuant to an appropriate resolution or ordinance of the
goveming 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 jurisdiction, and the jurisdiction agrees to the terms
of this Agreement.
Mayor, City of Auburn Date City Attorney, City of Auburn Date
City CI City of Auburn Date
p 2a i3 Pa y
Mayo City of Renton Date City Attorney, City of Ryon Date
I& rx.vc,c.e J Ida. oy- .5 0ta D3
City Clerk, City of Renton Date
Mayor City of Tukwila Date City Attorney, City of Tukwila Date
City Clerk, City of Tukwila Date
Mayor, City of Kent Date City Attorney, City of Kent Date
City Clerk, City of Kent Date
City Manager, City of Federal Way Date City Attorney, City of Federal Way Date
City Clerk, City of Federal Way Date
Executive Director Port of Seattle Date Port Counsel, Port of Seattle Date
p: IGvI11FILE510p. nFib aU]0.5WATlnbrb.JAprR.r{...Indp. Lots
VALLEY SPECIAL RESPONSE TEAM 8
OPERATIONAL AGREEMENT
49
XX. MUNIC IPAL AUTHORIZATIONS
This Agreement shall be executed on behalf 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 jurisdiction, and the jurisdiction agrees to the terms
of this Agreement,
Mayor, City of Auburn Date City Attorney City of Auburn Date
City Clerk, City of Auburn Date
Mayor, City of Penton Date City Attorney, City of Renton Date
City Clerk, City of Renton .Date
Mayor, City of Tukwila pate City Attorney, City of Tukwila Date
City Clerk, City of Tukwila gate
Mayor, City of Kent Date Gity Attorney, City of Kent Date
City Clerk, City of Kent Date
City Manager, City of Federal Way Date City Attorney, City of Federal Way Date
/'1
City ��Clerk, City Fe al Way 5IDa /ties "�p�
/.4- ire:922st-Z-e..) -43 4 At 5 0e0-03
f,„..
xecutfve Director, Port of Seattle Date rizeWCo4nsel, Po f Seattle Date
VALLEY SPgCIAL R5SPQNSE TEAM
OPERATIONAL AGREEM NT
50
XX. MUNICIPAL AUTHORIZATIONS
This Agreement shall be executed on b tj if of each particip'afirng 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 jurisdiction, and t j ju •i ction agrees to the terms
of thi yk,„
‘.6(3L5 1. Mayor, City of 4 uburn Date ity Attorney, City of Auburn Date
City Clerk, City of Auburn Date
Mayor, City of Renton Date City Attorney, City of Renton Date
City Clerk, City of Renton Date
Mayor, City of Tukwila Date City Attorney, City of Tukwila Date
City Clerk, City of Tukwila Date
Mayor, City of Kent Date City Attorney, City of Kent Date
City Clerk, City of Kent Date
City Manager, City of Federal Way Date City Attorney, City of Federal Way Date
City Clerk, City of Federal Way Date
Executive Director, Port of Seattle 'Date Port Counsel, Port of Seattle Date
P -ItivN IlE Sby.ilk.`F aLSI"IAT- bre�CdApRar_a6bd9�
VALLEY SPECIAL RESPONSE TEAM 8
OPERATIONAL AGREEMENT
51
c9
y City of Tukwila
Jim Haggerton, Mayor
90 INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Finance and Safety Committee
FROM: Bruce Linton, Police Commander
DATE: February 2, 2011
SUBJECT: Valley Civil Disturbance Interlocal Agreement
ISSUE
The purpose of this informational memorandum is to request approval of the Tukwila Police
Department Civil Disturbance Team to formally participate as a member of and benefit from the
enhanced services, training and resources of The Valley Civil Disturbance Unit.
BACKGROUND
The valley agencies that currently train together as part of this multi jurisdictional effort known
as the Valley Civil Disturbance Unit (VCDU) are the Port of Seattle, and the cities of Auburn,
Federal Way, Kent, Renton and Tukwila. The VCDU was formed to provide an enhanced
response to large -scale civil disturbances where the resources of an individual agency may
prove insufficient during a protracted and large -scale event.
Many municipalities within the Puget Sound area have experienced periodic large -scale events
and civil disturbances. These disturbances can manifest themselves in the form of civil
disobedience, unlawful passive and active demonstrations, as well as riots. In addition, Tukwila
and many cities within the valley host large -scale events such as the Tukwila to Seattle Rock N'
Roll Marathon, 4` at the Fort, Kent's Cornucopia Days, and many other large sporting events
which could require a specialized response during an incident. VCDU agencies have assisted
with many planned events as well as scaled responses to civil disturbances throughout the
Puget Sound.
DISCUSSION
Prior to the VCDU initiative, law enforcement agencies have worked independently at dealing
with large -scale incidences of civil disturbances and riots. When the response required more
that what the individual agency could resource, an uncoordinated call for mutual assistance
would occur. The challenges of an uncoordinated response will always result in a significant
delay in mitigating the issue as a result of unfamiliarity in procedures, organization and
command relationships and command and control of a large group of responders.
Benefits from such a coordinated multi- agency partnership would eliminate the above
challenges and would result in a more effective pooling of personnel and standardized
equipment, improved and standardized training, development of specialized expertise, improved
utilization of municipal funds, and an overall increase utilization /application of a combined civil
disturbance unit serving each participating jurisdiction.
53
INFORMATIONAL MEMO
Page 2
This agreement has been endorsed by the combined Chiefs of Police from all participating
agencies. The signed agreements from the following agencies are on file: The City of Renton,
The City of Auburn and The City of Kent. The specifics of the agreement are listed in the
attached document.
RECOMMENDATION
The Council is being asked to approve the Interlocal Cooperative Agreement between the cities
of Auburn, Federal Way, Kent, Tukwila and The Port of Seattle, for the formal creation and
recognition of the Valley Civil Disturbance Unit and consider this item at the February 14, 2011
Committee of the Whole meeting and subsequent February 22, 2011 Regular Meeting.
ATTACHMENTS
Interlocal Cooperative Agreement
5 4 W :12011 Info Memos\VCDU Memo.doc
INTERLOCAL COOPERATIVE AGREEMENT BETWEEN THE CITIES OF
AUBURN; FEDERAL WAY, KENT, RENTON, TUKWILA, AND THE PORT OF
SEATTLE, FOR CREATION OF THE
VALLEY Civil Disturbance Unit
I. PARTIES
The parties to this Agreement are the Port of Seattle and the cities of Auburn,
Federal Way, Kent, 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 Chapters 10.93, 39.34, and 53.08 of the
Revised Code of Washington "RCW
III. PURPOSE
The parties hereto desire to establish and maintain a multi jurisdictional Valley Civil
Disturbance Unit (Valley CDU).
IV. FORMATION
There is hereby created a multi jurisdictional team to be hereafter known as the
"Valley Civil Disturbance Unit" "VCDU the members of which shall be the Port of
Seattle, and the cities of Auburn, Federal Way, Kent, Renton, Tukwila. The future
admission or elimination of a jurisdiction as a member of the VCDU may be
accomplished by an addendum to this Agreement.
V. STATEMENT OF PROBLEM
King County and municipalities within the Puget Sound area have experienced
periodic large -scale civil disturbances. These disturbances manifest themselves in
the form of civil disobedience, unlawful passive and active demonstrations, as well
as riots. Mass arrest situations are likely to result from the aforementioned
disturbances. Participants in this unlawful activity, or the tactics they employ will
usually out stretch the resources of any one single agency to effectively and
efficiently handle the situation.
Law enforcement efforts directed at dealing with these types of civil disturbances
have, for the most part, been conducted by law enforcement agencies working
independently. A multi jurisdictional effort to handle acts of civil disobedience,
passive and active demonstrations, as well as riots 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 civil disturbance unit. The results will be
VALLEY CIVIL DISTURBANCE UNIT 1
INTERLOCAL AGREEMENT 2009
55
improved services for all the participating agencies, increased safety for officers and
the community, and improved cost effectiveness.
VI. TEAM OBJECTIVES
The individual CDU teams from each participating municipality will consolidate into
one combined Civil Disturbance Unit, known as "the VCDU servicing each
participating jurisdiction. The VCDU shall also be available to outside law
enforcement agencies as provided by chapter 10.93 RCW.
The objective of the VCDU shall be to provide enhanced use of personnel,
equipment, budgeted funds, and training. The VCDU shall respond as requested by
any of the participating jurisdiction and provide a coordinated effective resolution to
civil disturbance incidents
VII. DURATION AND TERMINATION
The minimum term of this Agreement shall be one (1) year, effective upon the last
signed below. 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.
A jurisdiction may withdraw its participation in the VCDU by providing written notice
of its withdrawal, and serving such notice upon each Executive Board member of
the remaining jurisdictions. A notice of withdrawal shall become effective ninety
(90) days after service of the notice on all participating members.
The VCDU may be terminated by a majority vote of the Executive Board. Any vote
for termination shall occur only when the police chief, or the designee, of each
participating jurisdiction is present at the meeting in which such vote is taken.
VIII. GOVERNANCE
The affairs of the team shall be governed by an Executive Board "Board whose
members are composed of the police chief, or his /her designee, from each
participating jurisdiction. Each member of the Board shall have an equal vote and
voice on all Board decisions. Unless otherwise specified in this Agreement, all Board
decisions shall be made by a majority vote of the Board members, or their
designees, appearing at the meeting in which the decision is made. A majority of
Board members, or their designees, must be present at each meeting for any
actions taken to be valid. A presiding officer shall be elected by the Board together
with such other officers as a majority of the Board may decide.
The Board shall meet quarterly or within a month following a VCDU deployment or
major training exercise, or as otherwise determined by the Board. The presiding
officer, or any Board member, may call extra meetings as deemed 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
VALLEY CIVIL DISTURBANCE UNIT 2
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56
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 shall develop VCDU written policies, regulations, and operational
procedures within ninety (90) calendar days of the execution of this Agreement;
PROVIDED, any policies, regulations, and operational procedures in effect pursuant
to previous joint civil disturbance prevention operations shall remain in effect
without action of the Board and until such time as they are subsequently altered-by
the Board. The VCDU written policies, regulations, and operational procedures shall
apply to all VCDU operations. To the extent that the written policies, regulations,
and operational procedures of the VCDU conflict with the policies, regulations, and
operational procedures of the individual jurisdictions, the VCDU written policies,
regulations, and procedures shall prevail.
IX. STAFF
A Tactical Commander, which shall be a command level officer, shall be appointed
annually by the Board to act as the principal liaison and facilitator between the
Board and the members of the VCDU. The Tactical Commander shall operate under
the direction of the presiding officer of the Board. The Tactical Commander shall be
responsible for informing the Board on all matters relating to the function,
expenditures, accomplishments, training, number of events that the VCDU responds
to, problems of the VCDU, and any other matter as requested by the Board. The
Tactical Commander may be removed by action of the Board at anytime and for any
reason, with or without cause.
The Tactical Commander shall prepare quarterly written reports to the Board on the
actions, progress, and finances (if applicable) of the VCDU. In addition, the Tactical
Commander shall be responsible for presenting rules, procedures, regulations, and
revisions thereto for Board approval.
Each jurisdiction shall contribute a minimum (16) full -time commissioned officers,
which shall include at least two (2) Sergeants or other first level supervisor, to be
assigned as squad leaders on the VCDU. The personnel assigned to the VCDU shall
be considered employees of the contributing jurisdiction. The contributing
jurisdiction shall be solely and exclusively responsible for the compensation and
benefits for the personnel it contributes to the VCDU. All rights, duties, and
obligations of the employer and the employee shall remain with the contributing
jurisdiction. Each jurisdiction 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 Board may, at its discretion, appoint one (1) or more legal advisors to advise
the Board on legal issues affecting the VCDU. The legal advisor(s) shall, when
appropriate or when requested by the Board, consult with the legal representatives
of all participating jurisdictions before rendering legal advice.
X. COMMAND AND CONTROL
VALLEY CIVIL DISTURBANCE UNIT 3
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57
During field activation of the VCDU, an Incident Commander, VCDU Tactical
Commander, and VCDU Team Leader(s) will be designated. The duties and
procedures to be utilized by the Incident Commander, the VCDU Tactical
Commander, and the VCDU Team Leader(s) shall be set forth in the standard
operating procedures approved by the Board. The standard operating procedures
approved by the Board may designate other personnel to be utilized during an
incident.
XI. EQUIPMENT, TRAINING, AND BUDGET
Each participating jurisdiction shall acquire the equipment of its participating VCDU
members. Each participating jurisdiction shall provide sufficient funds to update,
replace, repair, and maintain the equipment and supplies utilized by its participating
VCDU members. Each participating jurisdiction shall provide sufficient funds to
provide for training of its participating VCDU members.
The equipment, supplies, and training provided by each jurisdiction to its personnel
participating in the VCDU shall, unless otherwise determined by the Board, be equal
to those provided by the other participating jurisdictions.
Each member jurisdiction shall maintain an independent budget system to account
for funds allocated and expended by its participating VCDU members.
The Board must approve any joint capital expenditure for VCDU equipment.
XII. DISTRIBUTION OF ASSETS UPON TERMINATION
Termination shall be in accordance with those procedures set forth in prior sections.
Each participating jurisdiction shall retain sole ownership of equipment purchased
and provided to its participating VCDU members.
Any assets acquired with joint funds of the VCDU shall be equally divided among the
participating jurisdictions at the asset's fair market value upon termination. The
value of the assets of the VCDU shall be determined by using commonly accepted
methods of valuation. If two (2) or more participating jurisdictions desire an asset,
the final decision shall be made by arbitration (described below). Any property not
claimed shall be declared surplus by the Board and disposed of pursuant to state
law for the disposition of surplus property. The proceeds from the sale or
disposition of any VCDU property, after payment of any and all costs of sale or
debts of the agency, shall be equally distributed to those jurisdictions participating
in the VCDU at the time of dissolution in proportion to the jurisdiction's percentage
participation in the VCDU as of the date of dissolution. In the event that one (1) or
more jurisdictions terminate their participation in the VCDU, but the VCDU
continues to exist, the jurisdiction terminating participation shall be deemed to have
waived any right or title to any property owned by the VCDU or to share in the
proceeds at the time of dissolution.
Arbitration pursuant to this section shall occur as follows:
VALLEY CIVIL DISTURBANCE UNIT 4
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58
A. The jurisdictions interested in an asset shall select one (1) person
(Arbitrator) to determine which jurisdiction will receive the property. If
the jurisdictions cannot agree to an Arbitrator, the chiefs of the
jurisdictions participating in the VCDU upon dissolution shall meet to
determine who the Arbitrator will be. The Arbitrator may be any
person not employed by the jurisdictions that desire the property.
B. During a meeting with the Arbitrator, each jurisdiction interested in the
property shall be permitted to make an oral and /or written
presentation to the Arbitrator in support of its position.
C. At the conclusion of the presentation, the Arbitrator shall determine
which jurisdiction is to receive the property. The decision of the
Arbitrator shall be final and shall not be the subject of appeal or
review.
XIII. LIABILITY, HOLD HARMLESS, AND INDEMNIFICATION
It is the intent of the participating jurisdictions to provide services of the VCDU
without the threat of being subject to liability to one another and to fully cooperate
in the defense of any claims or lawsuits arising out of or connected with VCDU
actions that are brought against the jurisdictions. To this end, the participating
jurisdictions agree to equally share responsibility and liability for the acts or
omissions of their participating personnel when acting in furtherance of this
Agreement. In the event that an action is brought against any of the participating
jurisdictions, each jurisdiction shall be responsible for an equal share of any award
for or settlement of claims of damages, fines, fees, or costs, regardless of which
jurisdiction or employee the action is taken against or which jurisdiction or
employee is ultimately responsible for the conduct. The jurisdictions shall share
equally regardless of the number of jurisdictions named in the lawsuit or claim or
the number of officers from each jurisdiction named in the lawsuit or claim. This
section shall be subject to the conditions and limitations set forth in subsections A
through G below.
A. Jurisdiction Not Involved In VCDU Resoonse. In the event that a
jurisdiction or its personnel were not involved in the VCDU response to
the incident that gives rise to a claim or lawsuit, and judgment on the
claim or lawsuit does not, in any manner, implicate the acts of the
particular jurisdiction or its personnel, such jurisdiction shall not be
required to share responsibility for the payment of the judgment or
award.
B. Intentionally Wrongful Conduct Beyond the Scope of Employment.
Nothing herein shall require, or be interpreted to require
indemnification or sharing in the payment of any judgment against any
VCDU personnel for intentionally wrongful conduct that is outside of
the scope of employment of any individual or for any judgment of
punitive damages against any individual or jurisdiction. Payment of
any award for punitive damages shall be the sole responsibility of the
VALLEY CIVIL DISTURBANCE UNIT 5
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59
person or jurisdiction that employs the person against whom such
award is rendered.
C. Collective Representation and Defense. The jurisdictions may retain
joint legal counsel to collectively represent and defend the jurisdictions
in any legal action. Those jurisdictions retaining joint counsel shall
share equally the costs of such representation or defense.
In the event a jurisdiction does not agree to joint representation, the
jurisdiction shall be solely responsible for all attorneys fees accrued by
its individual representation or defense.
The jurisdictions and their respective defense counsel shall make a
good faith attempt to cooperate with other participating jurisdictions
by, including but not limited to, providing all documentation requested,
and making VCDU members available for depositions, discovery,
settlement conferences, strategy meetings, and trial.
D. Removal From Lawsuit. In the event a jurisdiction or employee is
successful in withdrawing or removing the jurisdiction or employee
from a lawsuit by summary judgment, qualified immunity, or
otherwise, the jurisdiction shall nonetheless be required to pay its
equal share of any award for or settlement of the lawsuit; PROVIDED,
however, that in the event a jurisdiction or employee is removed from
the lawsuit and subsection (A) of this section is satisfied, the
jurisdiction shall not be required to pay any share of the award or
settlement.
E. Settlement Process. It is the intent of this Agreement that the
jurisdictions act in good faith on behalf of each other in conducting
settlement negotiations on liability claims or lawsuits so that,
whenever possible, all parties agree with the settlement or, in the
alternative, agree to proceed to trial. In the event a claim or lawsuit
requires the sharing of liability, no individual jurisdiction shall be
authorized to enter into a settlement agreement with a claimant or
plaintiff unless all jurisdictions agree with the terms of the settlement.
Any settlement made by an individual jurisdiction without the
agreement of the remaining jurisdictions, when required, shall not
relieve the settling jurisdiction from paying an equal share of any final
settlement or award.
F. Defense Waiver. This section shall not be interpreted to waive any
defense arising out of RCW Title 51.
G. Insurance. The failure of any insurance carrier or self- insured pooling
organization to agree to or follow the terms of this section shall not
relieve any individual jurisdiction from its obligations under this
Agreement.
VALLEY CIVIL DISTURBANCE UNIT 6
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60
XIV. 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 their conduct in support of VCDU
operations, the jurisdiction shall promptly notify the other jurisdictions that the
claim or lawsuit has been initiated. Any documentation, including the claim or legal
complaints, shall promptly be provided to each participating jurisdiction.
Any jurisdiction or member who believes or knows that another jurisdiction would
be liable for a claim, settlement, or judgment that arises from a VCDU action or
operation, shall have the burden of notifying each participating jurisdiction of all
claims, lawsuits, settlements, or demands made to that jurisdiction. In the event a
participating jurisdiction has a right, pursuant to section XIII of this Agreement, to
be defended and held harmless by another participating jurisdiction, the jurisdiction
having the right to be defended and held harmless shall promptly tender the
defense of such claim or lawsuit to the jurisdiction that must defend and hold the
other harmless.
XV. PROCESSING OF CLAIMS.
A. Designation of Lead Jurisdiction. There shall be a lead jurisdiction for
processing a claim that is filed with and against cities for alleged
damages and injuries that occur as a result of VCDU activities. The
lead jurisdiction shall be the jurisdiction within which the VCDU
response occurred; PROVIDED, that in the event the jurisdiction within
which the VCDU response occurred did not participate in the VCDU
response, the lead jurisdiction shall be the jurisdiction within which the
incident that required the VCDU response originated. In the event that
a jurisdiction that was not involved in the VCDU response receives the
claim, that jurisdiction shall notify the other jurisdictions in accordance
with Section XIV of this Agreement, and shall use its best efforts to
determine who is the appropriate lead jurisdiction.
B. Assistance of Tactical Commander. The VCDU Tactical Commander
shall assist the lead jurisdiction in responding to a claim. The VCDU
Tactical Commander shall be responsible for gathering all records
relating to the VCDU response. These records shall include, but are
not limited to, incident reports, notes, transcripts, photos, evidence
logs, recorded statements, documents from emergency dispatch
centers, and warrants from all jurisdictions that participated in the
VCDU response. The Tactical Commander shall also provide a list of
personnel who participated in the response and their contact
information. The Tactical Commander shall deliver all copies of the
records to the lead jurisdiction promptly upon request.
VALLEY CIVIL DISTURBANCE UNIT 7
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61
C. Claims of $5,000 or Less.
Lead Jurisdiction Responsibilities. The lead jurisdiction shall be
responsible for working with the Tactical Commander to gather
records relating to the VCDU response. The lead jurisdiction
shall provide records to its insurance provider and shall assist its
insurance provider in assessing liability for acts associated with
the claim. The lead jurisdiction shall notify the other jurisdictions
of any determinations as to liability. In determining whether a
claim should be paid, the lead jurisdiction and its insurance
provider shall, at a minimum, consider the potential legal
defenses to the claim and the costs of defending the claim.
ii. Liability Determination Apportionment of Damages. The lead
jurisdiction, with the assistance of its insurance provider and risk
manager, shall determine whether the VCDU is liable for
damages set forth in a claim, and whether the payment of the
claim would be in the best interest of the jurisdictions and /or the
VCDU. In the event the lead jurisdiction determines that
payment of a claim is appropriate, such determination shall be
final and binding upon other jurisdictions and payment shall be
apportioned equally among all jurisdictions that participated in
the VCDU response. The insurance provider for the lead
jurisdiction shall provide full payment to the claimant, and each
jurisdiction that participated in the response shall reimburse the
insurance provider for its equal share of such payment.
Prior to the payment of any claim, and as a condition of such
payment, the insurance provider providing payment shall obtain
from the claimant a complete and total release of liability on
behalf of all jurisdictions participating in the VCDU and each and
every officer, agent, or volunteer of those participating
jurisdictions.
In the event the lead jurisdiction determines that the VCDU is
not liable for damages set forth in a claim or that the payment
of the claim would not be in the best interest of the jurisdictions
and /or the VCDU, the lead jurisdiction shall notify the other
jurisdictions of the determination, and such determination shall
be binding on the other jurisdictions; PROVIDED, that another
jurisdiction that determines that payment is appropriate may
pay such claim in full, and shall not seek reimbursement from
the other participating jurisdictions.
Letter From Insurance Adiusters. In the event a lead
jurisdiction, in conjunction with its insurance provider,
determines that payment of a claim is appropriate, the
insurance provider shall provide each of the participating
VALLEY CIVIL DISTURBANCE UNIT 8
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62
jurisdictions with a letter stating the determination and the
bases for such determination.
D. Claims over X5,000.
Lead Jurisdiction Responsibilities. The lead jurisdiction shall
schedule a meeting with all jurisdictions participating in the
VCDU to discuss the claim and to determine the appropriate
manner in which to respond and /or defend the claim. The Board
and persons listed in Section XVII of this Agreement shall be
notified of the meeting.
XVI. PROCESSING OF LAWSUITS.
A. Notification to Other Jurisdictions,. In the event a jurisdiction is served
with a lawsuit, that jurisdiction shall provide notice and documentation
of the lawsuit to each of the other jurisdictions in accordance with
Section XIV of this Agreement.
B. Coordination of Initial Meetina. The jurisdiction that initially receives a
lawsuit shall schedule a meeting with all of the jurisdictions
participating in the VCDU to discuss the lawsuit and to determine the
appropriate manner within which to respond and /or defend the lawsuit.
The Board and persons listed in Section XVII of this Agreement shall
be notified of the meeting.
XVII. NOTIFICATION OF CLAIMS AND LAWSUITS.
Section XIV of this Agreement requires that the jurisdiction receiving a claim or
lawsuit notify the other jurisdictions of the claim or lawsuit and provide
documentation of that claim or lawsuit to the other jurisdictions. Nothing in this
Agreement shall be deemed a waiver by any participating jurisdiction of the
requirements set forth in Chapter 4.96 RCW, and the fact that a participating
jurisdiction provides notice or copies of a claim to another jurisdiction 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 Chapter 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.
For the purposes of implementing Section XIV of this Agreement, the following
persons from each jurisdiction shall receive any required notification or
documentation:
VALLEY CIVIL DISTURBANCE UNIT 9
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63
Auburn: Kent:
Auburn City Attorney Kent City Attorney
25 West Main Street 220 4 th Avenue South
Auburn, WA 98001 Kent, WA 98032
(253) 931 -3030 (253) 856 -5781
Auburn Police Chief Kent Risk Manager
101 N. Division 220 4 th Avenue South
Auburn, WA 98001 Kent, WA 98032
(253) 931 -3080 (253) 856 -5285
Auburn Human Resources Kent City Clerk
Director /Risk Manager 220 4 th Avenue South
25 West Main Street Kent, WA 98032
Auburn, WA 98001 (253) 856 -5728
(253) 931 -3040
Auburn City Clerk Kent Police Chief
25 West Main Street 220 4 th Avenue South
Auburn, WA 98001 Kent, WA 98032
(253) 931 -3039 (253) 856 -5888
Port of Seattle: Federal Wav:
Port of Seattle Claims Manager Federal Way City Clerk
P.O. Box 1209 P.O. Box 9718
Seattle, WA 98111 Federal Way, WA 98063
Tukwila: Federal Way City Attorney
P.O. Box 9718
City Clerk Federal Way, WA 98063
City of Tukwila
6200 Southcenter Blvd.
Tukwila, WA 98043
WCIA: Renton:
Claims Manager Renton Risk Manager
WCIA 1055 So. Grady Way
P.O. Box 1165 Renton, WA 98057
Renton, WA 98057
XVIII. COMPLIANCE WITH THE LAW
The VCDU and all its members shall comply with all federal, state, and local laws
that apply to the VCDU.
VALLEY CIVIL DISTURBANCE UNIT 10
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64
XIX. ALTERATIONS
This Agreement may be modified, amended, or altered by agreement of all
participating jurisdictions and such alteration, amendment, or modification shall be
effective when reduced to writing and executed in a manner consistent with
paragraph XXIII of this Agreement.
XX. RECORDS
Each jurisdiction shall maintain training records related to the VCDU for a minimum
of seven (7) years. All records shall be available for full inspection and copying by
each participating jurisdiction.
XXI. FILING
Upon execution hereof, this Agreement shall be filed with the county auditor or,
alternatively, listed by subject on the website of participating jurisdictions.
XXII. 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.
XXIII. MUNICIPAL AUTHORIZATIONS
This Agreement shall be executed on behalf 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 jurisdiction, and the jurisdiction
agrees to the terms of this Agreement.
Mayor, City of Auburn Date City Attorney, City of Auburn Date
City Clerk, City of Auburn Date
Mayor, City of Renton Date City Attorney, City of Renton Date
VALLEY CIVIL DISTURBANCE UNIT 11
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65
City Clerk, City of Renton Date
Mayor, City of Tukwila Date City Attorney, City of Tukwila Date
City Clerk, City of Tukwila Date
Mayor, City of Kent Date City Attorney, City of Kent Date
City Clerk, City of Kent Date
City Manager, City of Federal Way Date City Attorney, City of Federal Way Date
City Clerk, City of Federal Way Date
Executive Director, Port of Seattle Date Port Counsel, Port of Seattle Date
VGIJU- Interlocal v4 12 -03 -09 FINAL doe
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66
A:7; 01 C of Tukwila
a i, 1 Jim Haggerton, Mayor
1 INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
FINANCE AND SAFETY COMMITTEE
FROM: David Haynes, Chief of Police
DATE: FEBRUARY 1, 2011
SUBJECT: AMENDMENT TO ORDINANCE NO. 2046 Law enforcement Officer and
City Police Officer Defined Positions Created
ISSUE
The Council is being asked to consider and approve amendments to Ordinance No. 2046
BACKGROUND
The position classifications of the commissioned members of the Tukwila Police Department
were defined as follows: Chief of Police, Captain(s), Lieutenant(s), Sergeant(s), Officer(s), and
full or part -time, limited- commission Transport Services Officers.
DISCUSSION
The position classifications were changed in 2005 and the position of Captain was redefined as
Assistant Chief and the position of Lieutenant was redefined as Commander. All other positions
remained the same.
RECOMMENDATION
The Council is being asked to consider this update at the February 14, 2011 Committee of the
Whole meeting and subsequent February 22, 2011 Regular Meeting.
ATTACHMENTS
Draft ordinance in strike through, underline format
Ordinance Number 2046
67
PAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, REPEALING ORDINANCE NOS. 639 §2 AND 2046 §1,
AS CODIFIED AT TUKWILA MUNICIPAL CODE 2.38.020, REGARDING
LAW ENFORCEMENT OFFICERS AND CITY POLICE OFFICERS;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, updating the administrative structure of the Police Department is
essential to effective and efficient law enforcement within the City of Tukwila;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. TMC 2.38.020, "Law Enforcement Officer and City Police Officer
Defined— Positions Created," hereby reads as follows:
2.38.020 Law Enforcement Officer and City Police Officer— Defined—
Positions Created.
The terms "law enforcement officer" and "City police officer" shall cover all such
regular, full -time personnel of the City Police Department who have been appointed to
offices, positions or ranks of the City Police Department, which are herewith expressly
created as follows: Chief of Police, Ca-pt Assistant Chief(s),
LioutenantCommander(s), Sergeant(s), Officers, and full or part -time, limited
commission Transport Services Officers.
Section 2. Repealer. Ordinance Nos. 639 §2 and 2046 §1 are hereby repealed.
Section 3. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 4. Effective Date. This ordinance or a summary thereof shall be
published in the official newspaper of the City, and shall take effect and be in full force
five days after passage and publication as provided by law.
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69
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of
2010.
ATTEST /AUTHENTICATED:
Jim Haggerton, Mayor
Christy O'Flaherty, CMC, City Clerk
Filed with the City Clerk:
APPROVED AS TO FORM BY: Passed by the City Council:
Published:
Effective Date:
Office of the City Attorney Ordinance Number:
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70
e\71 17A7 frN
City of Tukwila
Washington
Ordinance No. 2J01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING ORDINANCE NO. 639, AS CODIFIED AT
TUKWILA MUNICIPAL CODE 2.38.020, REGARDING LAW
ENFORCEMENT OFFICERS AND CITY POLICE OFFICERS; REPEALING
ORDINANCE NO. 1096; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, updating the administrative structure of the Police Department is essential
to effective and efficient law enforcement within the City of Tukwila;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Ordinance Amended. Ordinance No. 639, as codified at TMC 2.38.020,
"Law Enforcement Officer and City Police Officer Defined Positions Created," is
hereby amended to read as follows:
2.38.020 Law Enforcement Officer and City Police Officer— Defined— Positions
Created.
The terms "law enforcement officer" and "City police officer" shall cover all such
regular, full -time personnel of the City Police Department who have been appointed to
offices, positions or ranks of the City Police Department, which are herewith expressly
created as follows: Chief of Police, Captain(s), Lieutenant(s), Sergeant(s), Officers, and
full or part -time, limited- commission Transport Services Officers.
Section 2. Repealer. Ordinance No. 1096 is hereby repealed.
Section 3. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Sect 4. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this 'th day of L,UiieJ 2004.
ATTEST /AUTHENTICATED:
Steven M. Mullet, Mayor
Jane E. Cantu, CMC, City Clerk
Filed with the City Clerk: Q(D Li 04
APPROVED.A.S TQi BY: Passed by the City Council: O D O7. O
Published 0o nL-T
Effective Date ()40 (4
Office of the Cj Aney Ordinance Number: 2 nh{ -L)
Police 6/3.04
71
1 -y City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
TO: Mayor Haggerton
Finance and Safety Committee
FROM: Shawn Hunstock, Finance Director
DATE: January 24, 2011
SUBJECT: Sales Tax Revenue for November 2010
Schedule I in 1,000's
Sales Receipt 2009 2010 2010 Increase /(Decrease) Increase /(Decrease)
Month Month Actual. Estimated Actual Month YTD Month YTD
Jan Mar 1,172 1,483 1,036 (447) (447) 30.14% 0.00%
Feb Apr 1,051 1,462 1,006 (456) (903) 31.19% 30.66%
Mar May 1,146 1,705 1,157 (548) (1,451) 32.14% 31.20%
Apr June 1,191 1,578 1,070 (508) (1,959) 32.19% 31.45%
May July 1,082 1,603 1,067 (536) (2,495) 33.44% 31.86%
June Aug 1,217 1,812 1,247 (565) (3,060) 31.18% 31.73%
July Sept 1,473 1,793 1,251 (542) (3,602) 30.23% 31.50%
Aug Oct 1,118 1,656 1,216 (440) (4,042) 26.57% 30.87%
Sept Nov 1,110 1,682 1,357 (325) (4,367) 19.32% 29.56%
Oct Dec 1,032 1,556 1,082 (474) (4,841) 30.46% 29.64%
Nov Jan11 1,140 1,631 1,202 (429) (5,270) 26.30% 29.34%
Dec Feb11 1,690 2,270 (2,270) (7,540) 100.00% 37.27%
Totals 14,422 20,231 12,691
Mitigation Received 1,242
13,933 77.57% of Budget Incl. Mitigation
Sales tax collections for November showed the fourth consecutive increase, and sixth so far this
year, as compared to the same month in the prior year. For November, collections were less
than budget for the month, but more than actual collections in the same month in the previous
year. Actual receipts for November were $426,000 less than budget, but $62,000 more than the
same period last year. We are down 26.3% for the month compared to budget, but up by 5.44%
compared to the same month last year. We are now down in total 29.34% for the year
compared to budget, and down by 0.32% compared to the same period last year.
Including mitigation payments, we are currently at 77.57% of budget for the year to date. This
includes a mitigation payment of $308,257.11 received on December 31, 2010. The last
mitigation payment we received was on September 30, 2010 for $310,763.48. Mitigation
payments are now annualized and will only be adjusted once per year in the fall, effective with
the December 31 payment. Staff completed work on the last mitigation detail file and submitted
to the Department of Revenue a list of firms that should be removed from the mitigation
73
INFORMATIONAL MEMO
Page 2
calculation process. These firms are ones that were offsetting other losses, thereby reducing
our mitigation payment.
Schedule II shows the year -to -date sales tax from the top ten industry classifications. As this
schedule indicates, the trend is flat or down for most of the classifications.
Schedule II
YTD YTD Dollar
Group Name Current Prior Diff. Diff.
452* General Merchandise Stores 1,789,872 $1,763,485 26,387 1.50%
448* Clothing and Accessories 1,737,169 1,733,349 3,820 0.22%
722* Food Services, Drinking Places 1,216,267 1,174,027 42,240 3.60%
423* Wholesale Trade, Durable Goods 1,099,914 1,185,088 (85,174) 7.19%
443* Electronics and Appliances 831,909 824,186 7,723 0.94%
441* Motor Vehicle and Parts Dealer 546,879. 633,512 (86,633) 13.68%
451* Sporting Goods, Hobby, Books 543,691 498,173 45,519 9.14%
236 Construction of Buildings 502,625 386,100 116,525 30.18%
444* Building Material and Garden 464,759 470,491 (5,732) 1.22%
453* Miscellaneous Store Retailers 419,502 443,886 (24,384) 5.49%
Mitigated NAICS Code
As you can see there are large variances from last year for the same time period. For instance,
sales tax for Motor Vehicle and Parts Dealer is down by 13.68 and Wholesale Trade and
Durable Goods is down by 7.19 As illustrated above, four of the top ten merchant categories
have declined versus prior year, and all but one of the ten industry classification codes are ones
for which we receive streamlined sales tax mitigation.
Schedule III shows the ten largest declines in sales tax revenue for industries with over $10,000
collected year -to -date.
Schedule III
YTD YTD Dollar
Group Name Current Prior Diff. Diff.
'454 Nonstore Retailers 95,397 188,523 (93,126) 49.40%
'441 Motor Vehicle and Parts Dealer 546,879 633,512 (86,633) 13.68%
'423 Wholesale Trade, Durable Goods 1,099,914 1,185,088 (85,174) 7.19%
'237 Heavy and Civil Construction 28,348 84,860 (56,512) 66.59%
'238 Specialty Trade Contractors 261,572 312,544 (50,972) 16.31%
'531 Real Estate 36,457 64,730 (28,273) 43.68%
x 721 Accommodation 397,682 423,389 (25,707) -6.07%
'453 Miscellaneous Store Retailers 419,502 443,886 (24,384) 5.49%
'621 Ambulatory Health Care Service 41,822 57,518 (15,696) 27.29%
'812 Personal and Laundry Services 75,129 85,546 (10,417) 12.18%
Mitigated NAICS Code
Attached is a Sales Tax Summary comparing year -to -date 2010 vs. 2009 by major NAICS
codes. Also included is a comparison of total receipts year -to -date for the last five years.
Please let me know if you have any comments or questions. Thank you.
W:1FIN Projects\Sales Tax Information\Sales Tax Files from Shawn1201011nfo Memo Sales Tax 01242011.docx
74
u S I qq
d d s s A F 7T Or d r
SALES TAX SUMMARY F g u.J t 'r i y kp Y 4 i.G9F Z`: g m X N
y No 2Qi0 (fRecenredZrn,/antra 2Q11 r
YTD YTD
NAICS CONSTRUCTION 09 TOTAL 09 YTD 10 YTD Diff NAICS AUTOMOTIVE 09 TOTAL 09 YTD 10 YTD Diff
236 Construction of Buildings 416,992 386,100 ;502,625 30.2% I 441' Motor Vehicle Parts Dealer 686.478 633,512 546,879 -13,7% I
237 Heavy Civil Construction 98,105 84,860. 28;348. -66.6% 1 447' Gasoline Stations 62,584 57,168 61,977 8.4% 1
238 Specialty Trade Contractors 347,910 312,544 :261,572 •16.3% TOTAL AUTOMOTIVE 149,063 690,680 608,856
TOTAL CONSTRUCTION 863,006 783,504 .;f.::'._t:::; 792,545 Overall Automotive Change from Previous Year .(581,824) -11.8%
Overall Construction Change from Previous Year '19,041:. 1,1%
NAICS RETAIL TRADE 09 TOTAL 09 YTD 10 YTD Diff
YTD 442' Fumiture Home Furnishings 350,625 311.667 337.234 8.2% 1
MANUFACTURING 09 TOTAL 09 YTD 10 YTD Diff 443' Electronics Appliances 954,375 624,186 831.909 0.9% 1
311 Food Manufacturing 1,173 1,055';': '5,199 393.0% 444' Building Material Garden 506,177 470,491 464,759' -1,2%
312 Beverage Tobacco Products 3,070 2,725 •1,351 149.6% 445' Food Beverage Stores 86,349 79,253 90,734 14.5%
313 Textile Mills 259 207 55 -58.7% 446' Health Personal Care 189,603 161,952 153,632 -5.1
314 Textile Product Mills 12,852 11,615 12,881: 10.9% 448' Clothing Accessories 2.015.164 1,733.349 1.737,169 0.2%
315 Apparel Manufacturing 59 46 -20' -56.5% 451' Sporting Goods, Hobby, Books 589.522 498.173 543.691 9.1% 1
316 Leather Allied Products 7 4 2' -52.0% 452' General Merchandise Stores 2.044,042 1,763,485 1.789,872 1.5% I
321" Wood Product Manufacturing 2,701 2,555 1,468' -42.5% 1 453' Miscellaneous Store Retailers 506,005 443,886 419,502 -5.5% J
322' Paper Manufacturing 20,392 18,239 :19,661 7.8% 1 454' Nonstore Retailers 209,564 188,523 95,397 -49.4% 1
323' Printing Related Support 59,298 53,293 48,974 -8.1% I TOTAL RETAIL TRADE 7,451,446 6,474,964 6,463,899.
324 Petroleum Coal Products 8,157 7141<:;. '2,848 -60.1% Overall General Retail Change from Previous Year (311,065) •0,1%
325 Chemical Manufacturing 6,368 5,848 '''i 6,810' 16.5%
326 Plastic Rubber Products 3,928 3,794 "'2,914: 23.2% YTD
327' Nonmetallic Mineral Products 2,279 2,119 ":",i 2:496 17.8% 1 SERVICES 09 TOTAL 09 YTD 10 YTD Diff
331 Primary Metal Manufacturing 534 529 +:'.;i::. i::: •718 35.6% 51X Information 528,044 471,858 475,844 0.8%
332 Fabricated Metal Mfg Products 3,789 3,215. 1 2,911 190.6% 52X Finance Insurance 53,850 48,228 47,305 -1.9%
333 Machinery Manufacturing 5,586 5,391 10,268 90,5% 53X Real Estate, Rental, Leasing 412,907 377,469 383,613 1.6%
334' Computer Electronic Products 19,797 17,761 :071' -73.7% f 541 Professional, Scientific, Tech 227,255 173,312 164,919 -4.8%
335 Electric Equipment, Appliances 137 130
""500. 285.3% 551 Company Management 985 875 242 -72.3%
336 Transportation Equipment Mfg 135,430 111,302 •133 :992 20.4% 56X Admin, Supp, Remed Svcs 123,115 109,076 99,792 -8.5%
337' Fumiture Related Products 8,575 7,947 8;962 12.8% i 611 Educational Services 47,324 42,615 .56,437 32.4%
339' Miscellaneous Manufacturing 10,665 9,475 :10,258: 8.3% j 62X Health Care Social Assistance 91,637 76,373 64,104 -16.1%
TOTAL MANUFACTURING 305,059 264,391 ::268,466 71X Arts Entertainment 93,799 86,550 102,700 18.7%
Overall Manufacturing Change from Previous Year :::34,075 1.5% I 72X' Accommodation Food Svcs 1,745,512 1,597,416' 1,613,949 1.0% 1
81X Other Services 183,887 165,590 167,839 1.4%
YTD 92X Public Administration 32,268 31,045 24,102 -22.4%
TRANSPORTATION WAREHOUSING 09 TOTAL 09 YTD 10 YTD• Diff TOTAL SERVICES 3,540,583 3,180,407 3,200,846
481 Air Transportation 0 0.0% Overall Services Change from Previous Year 320,439 0.6%
482 Rail Transportation 924 923`' 586 -36.5%
484 Truck Transportation 3,294 2,770..::: 'I': .7263 -90.5%
485 Transit and Ground Passengers 11,105 10,036.. '15, 54.4% YTD
487 Scenic and Sightseeing Tran 0 0.:: '_..110. #DIV/0! MISCELLANEOUS 09 TOTAL 09 YTD 10 YTD Diff
488 Transportation Support 21,879 18,428 26,487 43.7% 000 Unknown 397 397 30 -92.6%
491 Postal Services 0 0 °..0 #DIV /0! 111-115 Agriculture, Forestry, Fishing 221 144 313 117.3%
492 Couriers Messengers 149 119 295 147.0% 211 -221 Mining Utilities 14,549 13,978 13;925 -0.4%
I 493' Warehousing Storage 1,051 982 '889 -9.5% j 999 Unclassifiable Establishments 12,331 10,778 92,423 757.5%
TOTAL TRANSP WHSING 38,401 33,258 '9 44,130. MISCELLANEOUS TOTAL 27,499 25,297 106,690
Overall Transportation Change from Previous Year ;110 ,871 3Z7% Overall Miscellaneous Change from Previous Year 581,393 311.8%
YTD
WHOLESALE TRADE 09 TOTAL 09 YTD"'' 10.YTD Diff YTD
I 423' Whls Trade Durable Goods 1,339,565 1,185,088 1;099,914 -7.2% 09 TOTAL 09 YTD 10 YTD Diff
424' Whls Trade-Nondurable Goods 105,260 93,164 101,370 8.8% 1 GRAND TOTALS '914,422,090 612,732,691 $12,689,142
I 425' Wholesale Electronic Markets 2,208 1.937 2,426 25.2% 1 Grand Total Change from Previous Year (143,549) -0.34%
WHOLESALE TRADE TOTAL 1,447,033 1,280,189 .9..:,,.,...]:::::::,i. 1,203,710::
Overall Wholesale Change from Previous Year .(376,4791 -6.0%
I Sales Tax Mitigation NAICS Codes I
CPI
01/24/2011 Page 1 'UK Soles lox Rpl 201011.rlsm
Five Year Comparison
2010
2009 :'14f1247;A2,i il;
2008
.4
(41
2007 17,O3,494
2006
s- $6,000,000 $12,000,000 $18,000,000
Taxes Collected Year to Date
76
o 4wp ti. City of Tukwila
ii h Jim Haggerton, Mayor
FOURTH QUARTER REPORT TO COUNCIL.
October 1 December 31, 2010
Prepared for Finance Safety Committee
CITY COUNCIL
Due to the Council's need to address the City's budget shortfall during 2010, discussions and actions
regarding City Council goals were delayed and /or limited.
BUDGET PROGRAM GOALS:
1. Seek out opportunities for Councilmembers to further their knowledge, experience and awareness of
the different cultures represented within the Tukwila community: Assigned to Community Affairs
Parks Committee for implementation and /or follow -up.
2. Support programs and services that provide a sense of stability, community and unity throughout
Tukwila's residential neighborhoods: Assigned to Community Affairs Parks Committee for
implementation and /or follow -up. Councilmembers continue to sponsor a monthly Coffee Chat in the
Tukwila community.
3. Work together in cooperation with nearby cities to address common problems in the Highway 99
corridor and Military Road: Assigned to Finance Safety Committee for implementation and /or
follow -up. A small standing committee of three members from each Council met on April 22, 2010,
and July 8, 2010. Ajoint meeting was not scheduled for the 4th Quarter.
4. Provide leaislative support and encouragement to Tukwila residents living in rental communities
through programs that hold owners and /or property managers accountable for providing safe places
to live through the implementation of a rental licensing program: Completed. On April 19, 2010,
Council approved a resolution adopting a residential rental business license and inspection program
fee schedule. In June, Substitute Senate Bill 6459 regarding rental property inspections, which were
actively opposed by Tukwila, became law.
5. Approve and implement standard operating procedures for the Council. Review and update
procedures on a regular basis: Not currently assigned to a specific committee; monitored by the
Council President and Legislative Analyst. The Council did not implement any policies for
incorporation into the standard operating procedure manual during the fourth quarter.
6. Support the implementation of City endorsed programs (i.e. Walk Roll Plan, Fire Master Plan. Parks
Recreation Open Space Plan) through policy related decisions not associated with direct program
funding: Assigned to Community Affairs Parks Committee for implementation and /or follow -up.
7. Ensure a commitment to continued human services funding in relation to the cost of living through
consistent review of regional. state and federal budgets affecting human services programs and
services: Assigned to Community Affairs Parks and Finance Safety Committees for
implementation and /or follow -up. This item will be scheduled for Committee review as budget reviews
deem appropriate. In response to current unstable economic conditions the Council has worked
diligently to leaving significant Human Services funds intact.
8. Study the feasibility and implementation of televised City Council meetings: Assigned to Utilities
Committee for implementation and /or follow -up.
9. Continue to foster relationships within local. reaional and state entities that encourage opportunities
for ioint partnership and outreach: Assigned to Utilities Committee for implementation and /or follow
up. Councilmembers serve as representatives and alternates on local, regional and state boards,
77
2010 Fourth Quarter Report
Prepared for Finance Safety Committee
Page 2
committees and commissions including but not limited to: SCATBd, SKEDI, WRIA 9, AHAB,
Suburban Cities Association, Association of Washington Cities, Highline Forum and Cascade Water
Alliance.
10. Formulate an Adopt -a- Neiahborhood program that will provide Councilmembers the opportunity to
become more familiar with the chanaing faces of communities and neighborhoods throughout the
City: Assigned to Community Affairs Parks Committee for implementation and/or follow -up.
11. Research the viability of sponsoring a Citv -wide Citizens' Academy: Assigned to Community Affairs
Parks and Finance Safety Committees implementation and /or follow -up.
12. Establish a process to provide updates to Council on issues that are brought forward at Council
meetings during citizen comment opportunities: Completed. During the second quarter, City
Administration formulated an efficient process to update Council of such items. The system is
currently managed by the Mayor's Executive Assistant.
MAYOR'S OFFICE
YEAR END SUMMARY:
2010 has been a year of change for the Mayor's Office with the integration of a new City Administrator in
January 2010 and a new Executive Secretary in late March. As the budget challenges took priority early
in the year, extensive time and effort has been put forth to plan for a new biennial budget that not only
addressed the significant budget shortfall, but also preserved the basic services offered by the City to the
citizenry of Tukwila.
4th QUARTER SIGNIFICANT ISSUES:
During the fourth quarter, the City Administration's primary focus remained on the City's current and
future budget challenges. The proposed 2011/2012 budget was presented to Council and approved on
12/6/10. Unfortunately, this budget required layoffs of several filled positions in order to address the
budget gap.
BUDGET PROGRAM GOALS:
1. Continue Mayor's involvement in regiohal efforts including but not limited to Cascade Water Alliance,
Valley Communications, WRIA 9 Forum, King County Flood Control District. Association of
Washington Cities. National League of Cities and Suburban Cities Association: Ongoing.
2. Work toward redevelopment of the Tukwila International Boulevard area between the Tukwila Village
site and the Sound Transit Light Rail Station: Ongoing.
3. Move forward on a ped estrian friend Iv development connecting the Sounder Commuter Rail station
and the Tukwila Urban Center: Completion of type, size and location study for pedestrian bridge
is on hold, pending determination of potential funding sources.
4. Move Tukwila Village Development forward to construction and completion: Due to the current
challenging economy, Tarragon withdrew its proposal in early June. In September, Council
voted to consider a stand -alone library and in support of marketing the site to developers.
King County Library System began analysis for siting the library.
5. Continue oversight of Tukwila South development efforts and Southcenter Parkway extension project.
As a result of the bid process this fall, a contractor was selected and work is scheduled to
begin in early 2011. Periodic status reports will be provided as the project moves forward.
6. Continue efforts to secure Federal appropriations in support of key proiects. includina. but not limited
to Strander Boulevard Extension: Ongoing.
7. Lead efforts to increase efficiency of City staff and to provide superior services to our citizens.
through technology and streamlined processes. in a cost effective manner: The City began efforts
78
2010 Fourth Quarter Report
Prepared for Finance Safety Committee
Page 3
to replace its aging telephone system with a state -of- the -art system which will provide
continuity of service in small or large scale emergencies and increase efficiencies by linking
specific telephone services with the City's computer system.
8. Continue efforts to improve communications between the City and City residents. business
community members, and visitors: City staff updates the existing budget page on the City's
website to provide residents with the most up -to -date information related to the City's budget
concerns. The City has also encouraged residents and business owners to participate in
budget discussions, through public meetings, email, and other methods of communication.
Ongoing
9. Provide leadership and support in addressina concerns and improving all aspects of our residential
neighborhoods: The Mayor's office is working with other Cities and groups on regional issues
such as gang activities, and is exploring options for addressing nuisance properties.
10. Prepare draft Civil Service Desk Manual: In progress.
11. Update Civil Service Rules: In progress.
Economic Development
4th QUARTER SIGNIFICANT ISSUES:
During the fourth quarter, economic development staff worked with the other Southwest King County
Economic Development Initiative agencies to restructure the organization and reduce Tukwila's costs.
Staff continued discussions with potential developers for Tukwila Village and assisted the Library's
architect on site analysis.
BUDGET PROGRAM GOALS:
1. Tukwila Village: Complete negotiations with a developer and manage implementation of contract. Put
demolition of restaurant building on hold due to budget. In June Tarragon pulled out of the
deal. In September Council voted to consider a stand -alone library and in support of
marketing the site to developers. King County Library System began analysis for siting the
library.
2. Build relationships and share the City's vision with every property owner along Tukwila International
Boulevard. Participated and assisted with Tukwila International Boulevard Action Committee
tour of comparison neighborhoods and zoning vision for the Boulevard.
3. Coordinate sale of Newporter property. Began financial analysis of property sale options.
4. Build relationships and share the City's vision with each property owner in the City's urban core.
Communicated with potential developer of Circuit City site.
5. Improve business attraction marketing collateral and website. Will focus on this at later time.
City Clerk
YEAR END SUMMARY:
2010 was a year of transitions and creating new efficiencies. The Clerk's Office lost a permanent, full
time staff member and all functions were evaluated. Essential tasks were re- assigned and distributed
throughout the team. Passport acceptance was discontinued, and the business license function was
transitioned to the Finance Department for integration with the RGRL process. The added responsibility
for payment and reconciliation of department purchases /expenses was undertaken, as was process
planning for decentralization of supply purchases that will be undertaken by each department. New
efficiencies were implemented, to include electronic distribution of finalized ordinances, resolutions, and
Council agenda packets through the Imaging System. Microfilmed land use files were also digitized this
year and will be accessible via web browser. Additionally, cost saving measures were undertaken
79
2010 Fourth Quarter Report
Prepared for Finance Safety Committee
Page 4
regarding City -wide plant care, publication of legal notices, and changes in mailing practices for an
estimated savings of approximately $6,000 a year.
4th QUARTER SIGNIFICANT ISSUES:
Shortly before the third quarter, a full time staff member in the Clerk's Office took a position in the Fire
Department. That position will remain unfilled. The essential duties from that position have been
distributed to the remaining team members.
Business Licenses: In addition to general and specialty license issuance, a significant amount of time
was spent transitioning this function to the Finance Department. This involved the compilation of lists,
procedures, planning tools, and triggers for compliance issues. It also involved extensive participation in
training and development of the new system, and information sharing with staff regarding the transition.
The Clerk's staff worked directly with the Finance Department in assisting customers at the counter for
the initial implementation. Business license data and data entry rules were also provided to the IT
Department electronically for integration into the new system.
Records: Public Records requests continue to come in consistently, often requiring extensive amounts
of staff time. A script was prepared for use in City -wide phone training for the new VOIP system, as it
relates to the retention of voice mail messages. Records retention research regarding social media
issues continues to be explored, and guidance and direction provided to staff. There were 40 new
contracts/ amendments requiring our review, logging and execution. Year -end records business involved
the inventorying and transfer of 210 boxes to the Records Center for archiving, the destruction and
logging of 136 boxes of obsolete records, and microfilming of 20 boxes of permanent essential land use
files. This quarter the microfilmed records were also digitized and will be integrated and indexed into the
Laserfiche Imaging System for retrieval through a web browser.
Legislative /Legal: Staffing and minute composition for 4 regularly scheduled Council meetings per
month. Facilitation of Council Agenda process and production of 20 packets, to include document
processing, review and finalization of 14 ordinances and resolutions, and timely publication of 18 legal
notices. This quarter the Laserfiche Imaging System was utilized to distribute Council packet materials to
the staff electronically. Codification of the Tukwila Municipal Code: This quarter involved the codification
of 2 ordinances and finalization of TMC updates for 2010.
Central Services: Staffing of the Central Services Counter and switchboard, to include customer service
inquiries, official acceptance /logging of claims /litigation, notary services, mail distribution, pet licenses,
acceptance /logging of all deliveries, City -wide business card orders, external and internal research
requests, payment/ reconciliation of department purchases /expenses, sale of history books /calendars,
and phone and counter support for the Mayor's Office. This quarter the Clerk's Office continued the
partnership with King County Animal Control with the focus being on pet licensing enforcement and
familiarization with the new reporting structure. A record number of Pet Licenses were sold at 134 (up
from 13 in the 1 quarter). Additionally, costs saving measures were undertaken regarding City -wide
plant care, publication of legal notices, and changes in mailing practices for an estimated savings of
approximately $6,000 a year.
BUDGET PROGRAM GOALS:
1. Enhance the Laserfiche Imaging System to make Council aaenda packets and minutes available
through the Citv website. The newly upgraded system was utilized to provide electronic distribution, of
agenda packets to staff at the end of the 4 quarter. After BETA usage by staff is completed, the
system will be opened to the public. The next phase of the system will be the addition of a new
component to the Imaging System that allows electronic submission and approvals of agenda
materials.
2. Create a library of documents. such as plans. specifications. and codes. to be kept in the City Clerk's
Office and made available to the public. Documents continue to be compiled for the library and are
inventoried, indexed into a spreadsheet, and each document is labeled. Additions will continue to be
made to the library as they are created or become available.
3. Provide Professional Development training for staff. Working toward Master Municipal Clerk status,
the City Clerk serves the State association (WMCA) as the Chair of the Bylaws Committee and as a
member of the Elections Committee. Working toward Certified Municipal Clerk status, the Deputy
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City Clerk attended Public Records Beyond the Basics training. The Records Management
Coordinator participated in Records Management training sponsored by the Puget Sound Finance
Officers' Association.
4. Review and update reauirements and fees for Business Licenses. Business License fees were
increased for 2011 with the passage of Ordinance No. 2299, adopted on 7/19/10.
City Clerk's Office 2010 Statistics
FUNCTIONS 1 1 Quarter 1 2 Quarter 3 Quarter 4th Quarter 1
Business Licenses 1 1 1 1
General Licenses Issued 1 1885 1 309 1 107 1 70 I
Adult Entertainer /Manager processed /issued 1 32 1 16 22 1 5
Peddlers, Tow Truck, Cabaret, Temporary issued I 12 8 14 I 10
Amusement Devices 7 1 21 11
renewals sent
Records Management /Public Records Requests
Records Center Trips I 13 1 14 1 7 1 9 I
City Files retrieved from Records Center 47 59 17 23
5 boxes> 1 box>
City files returned to Records Center 36 52 18 27
7 boxes> 1 box>
I Contracts amendments reviewed /executed /closed 1 209 I 106 1 62 1` '48
1 Documents reviewed /transmitted for Recording I 23 1 51 1 37 1 15 I
Public Records Requests (includes time spent by 18 10 26 22
Clerk's staff) 50.75 hours 44.50 hours 70 hours 19.75 hours
2,521 pages 929 pages 3,829 pgs/ 189. pgs/
3 cds/ 2dvds 2 cds
Legislative Process /Legal Requirements 1 1
Council /Committee Agenda Packet preparation 23 24 I 24 I; 20
Ordinances /Resolutions prepared /reviewed 9 24 1 27 1 14
Call for Bids review /coordination /opening /RFPs 2 1 1 5 1 1
Legal Notices (Public Hrgs /Special Mtgs /Ords, etc.) 22 28 1 33 I 17
Central Services I 1
Passports Applications Accepted 122 73 75 0
discontinued discontinued 8/16
8/16
1 Notary Services /History Books Calendars 1 68 1 69 1 65 I 20/11; 1
I Pet Licenses Issued 1 13 1 36 1 122 1.: 134 1
H uman Services
YEAR END SUMMARY:
Making ends meet proved to be a hardship for residents as well as supporting agencies struggling under
state and county cuts. We are seeing increased requests for mental and physical health services. We are
also seeing increased requests for housing from homeless individuals and families. We provided
information and referral assistance to 1,150 Tukwila residents.
We successfully participated in a regional electronic application for human services; streamlining process
for non profits. 23 residents served with Minor Home Repair.
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4th QUARTER SIGNIFICANT ISSUES:
Provided tour for Community Center for Education Results Executive Director. Global to Local Initiative
publicly launched by Swedish Hospital. Awarded $110,000 for 2011 for Minor Home Repair program.
Served as Tukwila representative in two post disaster recovery meetings. Attended vulnerable
populations training. Office will support 38 contracted programs in 2011/2012. Screened 665 and served
111 residents for emergency rental and utility assistance.
BUDGET PROGRAM GOALS:
1. Implement, manage and monitor 2010 contracts. RFP cycle for 2011/2012 completed. Program
reviews started. 18 meetings with both contracted and non contracted providers. 14 contracts
negotiated. Joint provider meeting with SeaTac held.
2. Implement. manage and monitor Minor Home Repair Program with cities of SeaTac and Des Moines.
29 Tukwila jobs completed with 158 hours of service for $19,538. Technical assistance provided to
other cities. Initiated RFQ process for 2011 contractors.
3. Participate in implementation of South King County Response to Homelessness. Continued
participation in SKC Homeless forum and SKC Homeless Outreach.
4. Outreach to diverse Tukwila residents to identify needs and match with resources- Supported
specialized agencies to serve diverse residents.
5. Serve as City liaison for CDBG and Home proiects. Participated in Joint Review Committee meetings
reviewing applications for funding.
6. Provide same day information and referral response. Responded to 320 requests for service
7. Coordinate with other departments to streamline access to human service resources. Participated in
shelter simulation at Community Center. Information shared at Crime Hot Spots, Domestic Violence
and Children Community Review.
8. Coordinate with community based organizations to more effectively serve Tukwila residents.
Provided marketing /outreach assistance to City Light Powerful Neighborhoods team. Presented to
YMCA Matt Griffin board. Held RFP for substance abuse /mental health counselor position for
Tukwila School District. Renton Area Youth Services awarded the contract. Coordinated with both
ELL /Student Services Director and School District's Parent Engagement Coordinator.
Equity Diversity Commission
BUDGET PROGRAM GOALS:
1. Link agencies and residents to cultural resources in the community. Equity Diversity members
attended and /or participated in several community events (Highline Community Cultural Declaration
Day; COPCAB interaction for shared Somali ethical policing community issues). Council appointed
members for several vacancies. Representatives from the Society of Hispanic Professional
Engineers provided information to the Commission.
2. Support Foster High School's Multicultural Action Committee with their cultural programs and training.
The Somali community requested a grant for their Summer Enrichment Program. No decision has
been made.
Hotel /Motel Tax
YEAR END SUMMARY:
Visitor Center
Staff continues to offer superior visitor information services dedicated to providing personalized
assistance over the phone, in- person and via the internet to the traveling public while encouraging
overnight stays in the Southside. Staff focuses on increased product knowledge and product offerings
such as "City Pass Clipper tickets, Tours Northwest tickets, shopping and restaurant referrals, etc. to
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convert visitors into local consumers. Recruited and successfully staffed the Visitor Center 7 days a week
with the aid of summer college interns during the high season.
Marketing and Communications
Staff continues development of the newly launched SeattleSouthside.com website including targeted
SEM and a new internet marketing campaign with enhanced conversion tracking in key geographic
markets. The campaign supported sweepstakes and other promotional programs in collaboration with
business associates and utilized Southside's opt -in databases to connect with prospective visitors such
as those who requested the Vacation Planner and e -zine products.
Business Outreach
Staff continues working with industry partners and business associates to maintain fresh and engaging
content for the website and social media strategies. Ongoing strategic partnerships and programs were
developed to focus on growing segments of the tourism industry, to attract new visitors to Seattle
Southside and to promote extended stays through education, packaging, itinerary building and enhanced
tourism product offerings such as "Shop like a Rockstar" and a military reunion ConFAM.
Tourism Development
Tourism and marketing staff worked with statewide tourism industry thought leaders on strategy and
messaging for development of a new sustainable, viable, private sector tourism funding model for state
tourism marketing. Staff recognizes the important role that state tourism plays in the cities, county and
state economy by bringing in visitor spending, generating tax revenues and creating jobs. Staff also
understands that attracting visitors doesn't "just happen and is committed to the continuation of
statewide tourism marketing to augment our local and regional marketing efforts. Planning is underway
for a February industry -wide summit meeting to present and discuss a new statewide funding model
option.
4th QUARTER SIGNIFICANT ISSUES:
During the fourth quarter staff concentrated on phase 2 of the newly launched website including social
media strategies and enhanced SEM. The new website launched in July and is available in 6 different
languages. The Visitor Center continues to see increased walk -in traffic in its new location and increased
hotel bookings on the website. The new Vacation Planner that was delivered in Sept. is now available
digitally online. Staff prepared for the launch of the 3 annual "Shop like a Rockstar" campaign promoting
shopping experiences in Seattle Southside to consumers on a national and regional level. New
partnerships with Alaska Airlines, Westfield Southcenter, Seattle Fashion Week and Wardrobe Stylist,
Tannya Bernadette allowed us to create a sweepstakes and gain more exposure than seen in the past
campaigns. Staff remains actively engaged in a meaningful way to find a viable and sustainable private
sector statewide tourism funding model to preserve the recently developed award winning state marketing
assets including the new state brand, website, travel guide, etc. which are critical to sustaining tourism
development at the state, regional and local level. Seattle Southside hotel gross revenues are up 2.2%
YTD through November 2010. This is the first time this year we've reached this tipping point. Average
Daily Rate (ADR) remains lower than 2009 rates but occupancy rates are exceeding 2009 levels meaning
people are traveling again and consumer confidence is on the rise. We still have a ways to go before we
reach the 2008 highs but we are on the right path.
BUDGET PROGRAM GOALS:
1. Work with City departments, business community, and residents to execute a successful Rock "n"
Roll Marathon 2009 2010 -2011. Coordinated City's marketing and PR activities associated with
the Rock "n" Roll Marathon Tukwila to Seattle. Facilitated two official host hotels in Tukwila
and participated in setting up the press conference at the DoubleTree in Tukwila. Economic
Impact summary is available upon request.
2. Continue efforts to market Seattle Southside as a premier travel destination. Ongoing as planned in
the 2009 2010 Major Marketing Initiatives and the 2009 2014 Strategic Brand Document.
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3. Support positive relationships between the travel and tourism industry. business community, and city
government. Hosted a Southside Tourism Networking Meeting in Feb. Hosted an industry open
house for the new Visitor Center in May. Hosted the Washington State Tourism Commission's
industry thought leaders monthly summit meetings June through Dec. 2010. Attended and /or
staffed Lodging Tax Advisory Committee meetings in all four Southside Cities. Presented
program updates to City Councils upon request. Staff serves as Co -chair of the WA State
Tourism Commission. Provided in -kind marketing services and support to strengthen a
number of community events and festivals. Work ongoing.
4. Continue implementing program performance reporting based on guidelines provided by Destination
Marketing Association International. Data collection ongoing, new procedures in place, tracking
and reporting ongoing.
Sister City Committee
4th QUARTER SIGNIFICANT ISSUES:
With a 50 percent reduction in funds for 2011 -2012, as well as a decrease in City- sponsored fundraisers,
the Sister Cities Committee continues to discuss requisite modifications to its program support as well as
long -term sustainability.
BUDGET PROGRAM GOALS:
1. Continue to raise funds for Spring 2010 visit: Completed.
2. Recruit student /adult delegation and plan 2010 visit: Completed.
HUMAN RESOURCES DEPARTMENT
4th QUARTER SIGNIFICANT ISSUES:
Updated CDL Drug and Alcohol Program.
Updated and entered all City Performance Evaluations into new Eden HR Module.
Updated Self Insured Medical plan, Group Health Cooperative and Flexible benefit plan documents for
compliance with the new Federal Healthcare Reform legislation.
Compiled records for four (4) Public Records Requests.
BUDGET PROGRAM GOALS:
Personnel
1. Negotiate and settle Fire labor aareement. (Settled)
2. Negotiate and settle Police Non Commissioned labor agreement. (Settled)
3. Negotiate and settle Teamsters' Administrative /Technical: Professional /Supervisory: and
Maintenance /Trades labor agreements. Settled)
4. EDEN HR Inforum module conversion and connectivity with EDEN Financial module. (Completed)
5. Non Represented wage study for 1/1/2010. (Completed)
6. Update Health Insurance Portability and Accountability Act (HIPAA) policies and procedures.
establish committee. and conduct trainina. (Policy review and updates have been completed.
Training schedule to be developed and conducted 2010 -2011)
7. Update and distribute Personnel Policies and Procedures for review.(In process)
8. Develop and carry out wellness proaram to achieve AWC annual Wellness Award for both years.
(Completed)
9. Research vendors and implement program for Health Risk Appraisal program. (Deferred to 2011)
10. Negotiate Police Guild labor agreement starting in fall 2010. (In Process.)
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11. Create and present employee education sessions on Citv's Self- Funded Medical /Dental plans.
(Deferred to 2011)
4th QUARTER SUMMARY OF ACTIVITIES:
Labor negotiations, including general discussions, research, records request, performance coaching and
evaluation; preparing, tracking and coordinating all personnel actions for accuracy and compliance;
budget preparation; classification and compensation analysis; discussions and assistance to Payroll;
coordination of safety training to meet federal and state requirements.
October November December
Employment Applications Processed 13 88 0
Applicants Interviewed 0 12 0 (hiring freeze in affect)
Extra Labor New Hires 0 2 2
Extra Labor Rehires 0 2 2
CDL Random Drug and Alcohol Tests 2 6 4
Administered
Workers' Compensation Injury Reports 2 3 1
FMLA Leave Requests 6 3 1
CITY ATTORNEY
4th QUARTER SIGNIFICANT ISSUES:
This quarter our office has continued to work on defending the City's siting of Crisis Diversion facilities. A
hearing was held before the Growth Management Hearings Board in November. We have also been
engaged in defending the City against two lawsuits: Wells v. City of Tukwila, an inverse condemnation
claim and Reed Trucking v. City of Tukwila, a construction claim. Both cases have required extensive
motion work this quarter. Finally, we have been working closely with Administration on various labor
issues related to the City's budget process.
BUDGET PROGRAM GOALS:
1. Provide city -wide training in conjunction with Administrative Services related to personnel issues:
Ongoing.
2. Work with City staff on Tukwila Village Project: Ongoing.
3. Continue to update and revise standardized contracts and other form documents: Ongoing.
4. Continue to work with City staff on regional issues and regional projects or proposals impacting the
City: Ongoing.
5. Assist staff in developing an LID program: Ongoing.
6. Work with City staff on code enforcement issues and on strengthening provisions of the Tukwila
Municipal Code to allow for more effective code enforcement: Ongoing.
7. Work with the Department of Community Development on Comprehensive Plan updates and shoreline
management issues: Ongoing.
8. Work with City staff to develop streamlined procedures for administrative hearings and non -tort
litigation: Ongoing.
9. Work with City staff to revise the City's sign code: Completed
10. Develop operating procedures for litigation process: Ongoing.
11. Maintain efforts to keep prosecution costs down; particularly in light of changes in the King County
Prosecutor's Office: Completed
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MUNICIPAL COURT
YEAR END SUMMARY:
This year our emphasis was to plan for budget and staff cuts. Our goal was to meet the City's reduction
goals without seriously impacting our level of service to the community. We are pleased to report that we
met those goals and will begin our new operating hours on February 1. Since we lost one team member,
our staff needed more time to complete their administrative duties without customer interruption. So we
changed the hours we are available to the public 9:30 am to 4 :00 pm. This will allow our staff one hour
of uninterrupted office time in the morning and at the end of the day. We believe the impact to the
community will be negligible. To make up for the hours we are unavailable, we plan to install an outside
payment box, keep the courtroom open during the former 8:30 am 4:30 hours so defendants can still
meet with their attorneys, and separate certain criminal and civil dockets in order to avoid court
congestion. Finally, while our total revenue collected was down, we did see a noticeable increase in the
last quarter.
2010 (estimate) 2011 Prediction
Charges Filed 5200 5300
Total Revenue Collected $539.530 $550.000
City Revenue Collected $339.100 $350.000
4th QUARTER SIGNIFICANT ISSUES:
This quarter we had the opportunity to focus on how we would adjust our operations in light of staff and
budget cuts. We are currently operating with one less team member and have made adjustments to our
operation to minimize service impacts. During the last 2 weeks of the year, the court spends a great deal
of time training staff on and off -site. A couple of noteworthy training events: we conducted cross staff
training, a tour of the Score Jail, and a diversity class presented by a local well -known expert. Lastly, we
hosted a wildly successful holiday party. As a reminder, all the court holiday parties are 100% paid for by
the court employees no public funds are ever and will never be used.
BUDGET PROGRAM GOALS:
1. Continue to focus on Court's Succession Plan to include National. State and Local training
opportunities. Ongoing. Our December training efforts are mentioned above.
2. Restructure Court schedule to allow for specialized calendars (Diversion. Interpreter. etc.).
Ongoing. We've retooled our Interpreter calendars to improve customer service and give lawyers
and interpreters more time to work their cases, while continuing to save a significant amount on
costs.
3. Continue to retool and expand Jail Alternative Program. Ongoing. We are looking for ways to
implement a more labor intensive prong to the program that will provide more credit towards
actual jail days. This will allow the participant an opportunity to "serve" their time more quickly and
benefit the community with their efforts (trash removal, park clean up, custodial work, etc).
4. Participate in pending Union contract issues as they relate to court specific needs. Done.
5. Explore increased use of technology to enhance court services. Ongoing. Still working with Black
Diamond Municipal Court to implement text message court date reminders to defendants. In the
process of placing most court forms on -line in order to enhance client's ability to prepare prior to
court appearance. Also, working on a contract for repair /maintenance services with our video
court vendor in order to sustain and enhance the use of our video equipment.
6. Expand participation in countv -wide trial court coordination efforts. Ongoing. Meeting every other
week with local courts at all levels to coordinate services in the event of an emergency.
Memorandum of Agreement with city of SeaTac for emergency use of their court facilities (in the
event City Hall is inaccessible) has been finalized.
7. Continue ioint meetings with Police Department. Prosecutor and Public Defender to enhance
communications and improve court services. Ongoing.
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FINANCE DEPARTMENT
YEAR END SUMMARY:
The department had many significant challenges to address during 2010. The budget development
process began with the Council Retreat in February and continued all the way to passage on December
6th. There were many proposals, requests for information, development of alternative scenarios, etc.,
involved with the budgeting process during 2010, all of which caused a considerable workload increase
for the department.
Turnover in critical positions made it a challenge to complete the audit and Comprehensive Annual
Financial Report (CAFR) on time. We were able to do so, though, and not only received a clean audit with
no findings but for the second year in a row there were no management comments at the exit conference
with the State Auditor's Office.
Development and implementation of a regional animal services model was a major accomplishment
during the first half of 2010. The planning group consisted of seven other cities and representatives from
King County. The County desired to implement a "full cost" model that would end the subsidy provided by
the County for animal services. While not entirely paid for through cost recovery to the cities, the new
model is a major step forward for the County, and provides all participating cities with a greater degree of
accountability and transparency than what existed in the past.
Development of several new initiatives occurred during 2010, including the following:
6 New travel policy, greatly simplifying the travel approval and reimbursement process, and for the
first time in the City's history, incorporating a per diem allowance rather than requiring actual
receipts.
Procurement card program implementation, again greatly simplifying a process that was very
work intensive and required the participation of many different individuals. Processing of
Purchase Orders and payment of individual invoices decreased by approximately 75% after
implementing the procurement cards, and rebates available under the program totaled
approximately $50,000 in just the last five months of 2010.
Issued an RFP for banking services. US Bank was ultimately retained as the City's primary
banking vendor. However, through the efforts of the RFP process, we were able to negotiate
savings on banking services that will total at least a few thousand dollars per year.
Online timesheets were implemented during the fourth quarter 2010, as discussed below.
4th QUARTER SIGNIFICANT ISSUES:
Finalization of the 2011 -2012 biennial budget took a considerable amount of staff time during the fourth
quarter. Finance staff worked with Council and Administration right up until the budget was adopted on
options for trimming costs and increasing revenue where possible. Many different costing models were
developed related to staffing and benefits, implementation of which in our budgeting system requires
updating of every department and every division.
The Finance Department drafted and presented to Council for their approval a new investment policy.
The policy lengthens the time period for average and maximum maturities on investments, giving us
many more investment options that earn a higher rate of return.
Considerable time was spent participating in the Fire Exploratory Committee during the fourth quarter.
Participation included attending the meetings, working with Finance staff from other cities or fire districts
on projected financials, and providing guidance and advice to the Committee on financial issues, among
other items.
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Online timesheets were implemented during the fourth quarter. This project was part of the Finance
Department disaster response and continuity of operations plans. Employees throughout the City now
have the ability to, at their desktop or remotely, enter time in their timesheets online. If an employee was
not able to come to work due to a disaster of some kind, they, their supervisor, or Payroll staff would be
able to enter time for that employee online. Supervisors also have the ability to approve timesheets online
at work or remotely. Payroll staff has the ability to process timesheets for all City employees online now.
Besides finishing up the budgeting process, much of the latter part of the fourth quarter was spent on
transitioning the responsibility for business license issuance from the Clerk's Office to Finance. This
transition also included implementation of the new Revenue Generating Regulatory License fee (RGRL)
that Council adopted in July. Almost immediately there were many questions about the RGRL, how it was
calculated, who it applied to, and why it was adopted. Staff has spent considerable time since renewal
notices went out on December 7th answering these and other questions.
BUDGET PROGRAM GOALS:
1. Complete Comprehensive Annual Financial Report (CAFR) by May 31. 2010: The CAFR was
completed on time. The City received another clean audit with no findings or exit comments.
2. Continue Budaet Manual development: No update to report.
3. Continue development of Risk Manaaement policies and procedures: Policy and procedure
development has begun. A significant amount of work remains. The goal will be to have procedures
documented and approved by the end of 2011.
4. Implement cash receiptino system at all cash locations citywide: Completed for Finance and Clerk's
Office. Online utility payments are available now, as well as credit card acceptance at Fire Station No.
51.
5. Assist other departments with fiscal issues related to software implementations including an HR
module for Human Resources and permitting system for DCD: The HR module was implemented in
2009. The permitting system is on hold indefinitely for budgetary reasons.
6. Investigate additional payment options for citizens and implement where feasible: Completed
implementation of online utility payments in August 2009.
FIRE DEPARTMENT
4th QUARTER SIGNIFICANT ISSUES:
The fourth quarter of 2010 was quite busy as fire assumed interim responsibility for emergency
management. Our interim emergency manager has been busy building relationships with his counterparts
in the valley cities, county and state. We staffed up to meet the demand placed upon us by the snow
storm and following days of icy conditions. We responded to a fire at the Rendering Works and a haz -mat
call in Kent. The training division had an acting battalion chief most of the fourth quarter. Highlights
include a hybrid vehicle class, the Zone 3 suppression drill, review of the new mass casualty trailers,
Zone 3 Haz -Mat Drill, Zone 3 Truck Company Drill, Emergency Vehicle Incident Prevention instructors
training, Zone 3 Confined Space Drill and a drill on observation and documentation of sudden unexpected
infant death investigations. Fire prevention staff conducted training for 120 commercial property
managers and assisted with Tours of Station 52. They investigated several fires including a fatality fire,
several car fires and a hood fire at the mall. They completed an ongoing GIS based map book with the
help of several department members (over a 6 year period); a copy of the book will be provided to other
city departments upon request. They also responded to a number of sprinkler breaks as a result of the
freezing temperatures and subsequent thaw. Administration worked on a number of issues including the
budget hearings and emergency management issues.
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BUDGET PROGRAM GOALS:
Administration
1. Conduct annual manaaement trainina: Did not occur due to budget constraints.
2. Review and update department policies and procedures as needed: Ongoing.
3. Coordinate National Incident Management System training for City personnel as needed: Several
city personnel tentative for October class.
4. Add. update or replace department computers as needed: Coordinate with IT.
5. Apply for applicable grants: Will apply for applicable grants.
6. Update six -year plan: On hold depending on budget
7. Coordinate development of specifications for replacement aid car: On hold, aid car rarely in
service.
Suppression
1. Test all fire hoses. apparatus pumps and ladders to meet manufacturer's specifications; 2010
Complete
2. Complete all assianed company level inspections: Ongoing.
3. Participate in public relations and education events: Reduction in participation due to budget
concerns.
4. Participate in scheduled training: department, zone, regional, national: Ongoing.
5. Consolidate department inventory into new programming: Staffing shortages prohibit timely
completion. Temporarily shelved.
Fire Prevention Investigation
1. Establish quarterly fire code trainina for suppression crews: Ongoing.
2. Continue program to obtain Fire Marshal commissions for fire investigators through police academy
training: On hold.
3. Research and prepare report for additional Fire Marshal office space: Done.
4. Pursue full time fire investigator's position within fire investigation task force: On hold, Budget
Constraints.
5. Continue to convert fire protection plans to compact disc storage media: On hold, Budget
Constraints.
6. Continue to maintain timely plan review and inspections for our customers: Ongoing.
Fourth Quarter Yearly Totals
Plan Review Fees Collected: $8,491.50 $35,655.50
Special Permit Fees Collected: 13,900.00 $69,500.00
Reinspection Fees 6060.00
TI Reinspection Fees 2640.00
Fourth Quarter Yearly Totals
Initial Inspections: 278 931
Reinspections: 203 619
Night Life Safety Inspection: 55 164
Training
1. Coordinate department officers' attendance at the National Fire Academy in Emmetsburg. Maryland:
Officer attended 2 week Emergency Management Training
2. Incorporate regular visits to shift drills by a Training Division officer: Ongoing.
3. Oversee training of any new hires: Started with two new hires /laterals, which have successfully
completed 6 months.
4. Update reference material libraries in all stations: Delayed due to budget.
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5. Review all records to ensure the department is National Incident Management System (NIMS)
compliant: Completed this quarter.
6. Review our new hire trainina Droaram: Ongoing, changes are being made.
7. Implement a career path proaram for firefiahter and officer development: IFSAC FFII has been
completed by last eligible FF making nearly all 1 Class FF's eligible to progress to IFSAC Fire
Officer I
8. Continue department pre -fire tour proaram: Ongoing.
9. Work and coordinate with colleae intern to write new "Training Manual
First phase completed now in process of setting phase II in motion.
Facilities
1. Work with City staff to develop plan to implement recommendations of seismic study and master plan
recommendations: Not funded
2. Remodel Station 52 kitchen: Not funded
3. Install new biohazard storaae shed at Station 52: Not funded.
4. Paint interior of Station 52 and Station 53. and the interior and exterior of Station 51: No funding
5. Paint apparatus bay at Station 54: Not funded
6. Replace curbing at Station 51: Not funded
7. Benin process of identifvina sites for future fire station replacement /relocation: Station 51 identified
in TVS annexation. Site not identified for potential station 52 re- location.
Hazardous Materials Team
1. Provide operation and technician level trainina to meet the current National Fire Protection Agency
(NFPA) 472 standard: Ongoing.
2. Send 2 technicians to out -of- state. federally funded. HazMat trainina: As available.
3. Develop standard operating procedures for a response to a large Mass Decon Incident and
participate in a larae -scale exercise: Large scale postal facility exercise postponed indefinitely.
4. Develop standard operating procedures for the use of the Dowered air purifier respirators (PAPRs)
and provide all operation level personnel with appropriate trainina: Ongoing.
5. Perform a complete inventory of all HazMat equipment and supplies: Ongoing.
6. Bring minimum staffing to four (4) technicians per shift: Delayed due to budget.
Rescue Team
1. Schedule a 40 hour Rope Rescue Technician class for the entire team: On -hold due to budget
constraints.
2. Reconfigure the storage compartments on Rescue -51. Remove SABA system and place on the air
trailer: Complete.
3. Send four (4) team members to Swift Water 1 class: Complete
4. Send two (2) team members to a Confined Space class: Postponed budget.
5. Develop new inventory sheets and evaluate rescue harnesses: Ongoing.
6. Reorganize the interior of the small trench trailer: On hold due to budget.
7. Order accessories for the team's new GPS units and develop a trainina curriculum: Ongoing.
8. Update the Zone 3 Rope Rescue Manual: Ongoing.
9. Desian and order new personal baas to be used on raopellina harnesses: Complete.
10. Develop an annual Competency Verification Checklist for rope technicians: Ongoing.
11. Continue Special Operations Teams ioint trainina between Tukwila and Renton: Has not proven to
be a realistic goal. Suspended for all practical purposes
12. Continue Zone 3 training: Hosted 3` quarter Trench Rescue Drill
13. Provide continuina education to all suppression members in the field of specialized rescue: As
budget and class availability permits.
14. Place the 540 Belay System into suppression service: Complete.
15. Provide two (2) days of collapse /shorina trainina for the team: Postponed due to budget concerns.
16. Inventory all suppression life vests and replace as needed: Complete.
17. Purchase and replace rope hardware /software as needed: Ongoing.
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18. Set up trainina days with Kina County Sheriff's Marine Unit: As budget and class availability
permits.
19. Provide technical trainina to all team members for Crane Operations and Riaainci: Postponed due to
budget concerns. (Indefinite)
20. Prioritize trainina and equipment needs: Ongoing.
21. Pursue the placement and construction of at least one boat ramp into the Green River within the City
of Tukwila: Dialogue re- opened outlook for moorage at Delta Marine is positive
Ambulance, Rescue Emergency Medical Aid
1. Outfit two new Mass Casualty Incident trailers: Complete.
2. Provide one department member to oarticioate on Zone 3 EMS committee: Ongoing.
3. Evaluate status of department Pandemic Flu supplies: Ongoing.
4. Establish a battery replacement program for all EMS eauipment: Ongoing.
5. Provide assistance and guidance to City for establishing a new Public Access Defibrillator (PAD)
program and assist with training on PAD devices: Complete.
6. Complete all 2009 -2010 competency -based trainina objectives: Ongoing.
7. Provide 2009 -2010 competency -based instructor trainina for department instructors: Ongoing.
8. Provide First Aid /CPR and public access defibrillation training to the public and City employees:
Quarterly training provided. All four quarters
9. Provide ongoing advanced auto extrication trainina for department personnel: Ongoing. 3rd qtr
complete.
10. Provide advanced mass casualty trainina for department: Ongoing.
11. Provide loaistjcal support and trainina to enable the department to participate in the Rescue
Outcomes Consortium (ROC) study: Ongoing.
12. Sponsor department Explorers to Kina County EMT course: As requested.
13. Repair. clean. test. and calibrate specific aid eauipment: Ongoing.
14. Participate in new technoloav evaluations offered by King County Medical Proaram Director:
Ongoing.
15. Recruit at the minimum. one CBT instructor per station. per shift: Ongoing.
FIRE DEPARTMENT INCIDENT RESPONSE
EMERGENCY RESPONSE STATISTICS
t
IIpI 009; 2010
I cre_ase /Decrease
4`" Qtr FIRE 361 331 ARt-Zt3
8.31
4"' Qtr AID 1 798 869 1 8.90%
1 Year to Date FIRE 1431 1 1267 1 11.46%
1 Year to Date AID 1 3223 1 3307 1 +2.61
DEPARTMENT OF INFORMATION TECHNOLOGY
2010 YEAR -END SUMMARY:
This year the IT Department was involved in several technology upgrades that will continue to benefit
both Tukwila citizens and City staff by realizing greater efficiency, coordination of resources and cost
savings when conducting business. These technologies crossed over multiple departments and include,
among others, online payment capabilities; online employee self services; implementation of a new VoIP
telephone system; server virtualization and security strengthening; and the purchase of enterprise
software licensing to be installed first quarter 2011.
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Staff worked with Public Safety to plan and prepare for significant changes in communicating with Valley
Communications; the first changes were made in 2010. The process including patrol cars; fire
apparatus; in- station computers; GIS mapping coordination and network program additions will continue
through 2012 and require coordination with cellular vendors, King County, Washington State Patrol,
Washington State DIS, and other partnering agencies as well as VC. Police in -car video configuration
was overhauled in 16 patrol vehicles in order to address communication issues.
4th QUARTER SIGNIFICANT ISSUES:
NETWORK/TECHNICAL
Completed Phase I (6200, 6300, both PW Shops, Golf Maintenance) of the VoIP phone system
implementation, including re- wiring, network upgrades, phone device configuration, database build,
restructuring phone services supplied by the vendor and City staff device setup and training.
Configured virtual server environment and began to move physical servers to virtual platform for
ease of management and savings on power consumption.
Completed full implementation of network VLAN on all switches, allowing for consolidation.
Finished the final phase of securing our network with the implementation of the Barracuda web
proxy and routing public safety data to and from ValleyCom through a secure VPN tunnel.
Installed new email archiving system that is not email system dependent in preparation for the
switch to MS Exchange.
Deployed SAN (Storage area network) for our virtual environment and for increased data storage
and advanced disaster recovery.
o Installed new secure wireless access points for the PD in -car video system data transfers to
alleviate communication issues.
Deployed new automated meter reading program for PW Shops and setup connectivity between
the PW Field trailer and the City's network through an access point mounted on a signal pole.
Updated cell phone rate plans on several cell accounts for cost savings based upon usage trends.
DATABASE MANAGEMENT
O Implemented the Business Licensing module in EDEN, transitioning from a 20 -year old RBase
system, providing support for the transition and ongoing technical needs for this product.
Supported payroll services by providing technical support to resolve issues encountered with the
implementation of on -line time sheets and employee self services.
e Provided final changes to City Clerk in order to facilitate the move to Laserfiche Weblink 8.0 that
was released to staff in December 2010 and will be released for public review in the near future.
Gathered information from departments included in Phase I and prepared database load for VoIP
phone system implementation.
COMMUNICATIONS /GRAPHICS
Web Services coded and sent out a Volunteer Newsletter in October and an eRec Newsletter in
October December to 1,850 citizens.
o A new page was created for the Manufacturing Industrial Center Study.
Business License page was moved to the Finance Department with new information added for the
RGRL.
o Content was added to the Police Department Intranet in the Forms, Written Directives, and Training
sections.
e The Emergency Preparedness section was updated, removing outdated info, adding the Howard
Hanson Dam page and listing new emergency information and contacts.
o Prepared October, November, and December Tukwila Reporter pages; January Hazelnut (8
pages); and Winter /Spring Recreation Brochure (28 pages) using the new logo, look and theme for
publication.
o 132 Slide pages posted this quarter on TV21, 518 slides posted for the year.
o Created 2011 -2016 CIP book cover.
e Modified miscellaneous forms for several departments, including the Residential Rental Housing
Business License form.
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Prepared the 2009 Tukwila Police Annual Report for publication.
4th QUARTER STATISTICS
Website— 40,273 visitors (of which 26,352 are unique) viewing 98,092 pages this quarter. Besides the
main home page, the most popular pages were staff phone directory (8,254), employment (8,196), the
Community Center page (4,025) and the Police Department page (2,651).
453,644 pages were viewed in 2010 with the employment page receiving the most views for the year at
36,658. The 177,099 visitors came from 144 countries or territories and averaged 2.56 pages per visit
and stayed an average of 1 minute 44 seconds per visit. (Complete website statistical reports available
by request.)
SPAM Statistics: I October 1 November I December 1 4`" Qtr Total 1 2010 Total
Total Emails 423,299 342,619 271,123 1,037,041 6,432,874
Received
Blocked: Spam 374,342 296,208 231,204 901,754 5,822,617
Blocked: Virus 254 289 45 588 10,088
Blocked:. Bad 7,166 4,992 3,524 15,682 107,102
Recipient
Blocked: Mail 1,202 2,674 1,044 4,920 17,407
Bomb
Other (Allowed, 38,377 38,456 35,306 112,139 473,702
Quarantined)
Average SPAM 12,354 10,139 8,132 10,208 496,435
per day
Highest amount of 16,815 12,473 10,007 16,815 729,696
SPAM (Month)
Highest of 99% 98% 97% 99% 99%
SPAM (24 Hrs) (Month)
Percentage of 90% 89% 87% 89% 93%
SPAM (Year)
Total amount of 382,964 304,163 235,817 922,944 5,957,214
SPAM (Year)
Documented Help Desk Tickets
By Category By Dept By Source
Barracuda 35 9.31% Council 0 0.00% E -mail 298 79.26%
Database 23 6.12% Court 5 1.33% 1 Phone 43 11.44%
GroupWise 25 6.65% DCD 49 13.03% HelpDesk 26 6.91%
Hardware 73 19.41% FD 42 11.17 1 Walk -In 9 2.39%
Miscellaneous 0 0.00% FIN 36 9.57%
Network 34 9.04% HR 9 2.39%
Phones 16 4.26% IT 23 6.12%
Printers 22 5.85% MO 70 18.62%
Publications 0 0.00% PD 78 20.74%
Software 61 16.22% 1 PR 41 10.90% 1
Web
Development 87 23.14% PW 23 6.12%
1 Total 1 376 1 100.00% 1 Total 1 376 1 100.00% 1 Total 1 376 100.00%
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BUDGET PROGRAM GOALS:
1. Develop Strategic Plan for IT Department to address City -wide technoloav needs: Future Project.
2. Research and implement an advanced. multi- tiered system for network security. tracking and
monitoring. Completed as a goal, now a routine task.
3. Fully implement City -wide Active Directory. replacina network services and servers as required. and
building in connectivity redundancy for quality of service. Completed.
4. Establish an IT Technical Knowledaebase with procedures and trouble shooting tips for added
efficiency with HelpDesk services. Completed as a goal, now a routine task.
5. SQL Server consolidation: review collection of data across departments. and implement methods to
reduce data redundancy and duplication of effort for more effective use of City resources.
Completed.
6. Create documentation to include disaster plan recovery information and emergency operation
procedures. Ongoing. Established COOP pursuant to FRP requirements.
7. Implement Payment Card Industry (PCI) data security standards researched in 2008. to include
information sharing and key employee education for compliance on current debit/credit points of sale:
research and plan for city -wide point -of -sale system to accept secure debit /credit cards transactions
in all departments. Completed as a goal, now a routine task.
8. Work with Valley Communications to coordinate CAD and communications upgrades for Public
Safety. Ongoing, Encryption Router configured and installed. Remaining installed in 2011 in
accordance with project timeline.
9. Develop formal Imaae Library (to include both production and indexing of photos and videos) to
document City events and to make available for unified communications and publications.
Completed as a goal, now a routine task.
POLICE DEPARTMENT
YEAR -END SUMMARY:
The year 2010 was defiantly a difficult year for the City of Tukwila as a whole and for the Tukwila Police
Department. The primary issue at hand was the need to address budget shortfalls. The Police
Department worked together and developed a plan that would address the specified requirements and
allow us to continue our service to the community at the highest possible level with the resources
provided. Although the budget was an overshadowing issue during the year there were also some great
things that took place.
We continued on the path to improve our emergency preparedness capabilities. We participated in the
implementation of our rescue boats and completed the final details in order to purchase our Incident
Command Vehicle. On a regional level we participated in the Civil Disturbance training that took place at
Camp Rilea, OR. The training was attended by six valley agencies as well as other jurisdictions.
Two of our Sergeants retired during the year. Sergeant Suzi Sacha retired in August and Sergeant Mark
Howie retired in December. Both individuals served on the Tukwila Police Department for over twenty
years.
We also rolled out our new Black and White vehicles, participated in the planning and implementation of
the 2nd Rock and Roll Marathon, and conducted school safety reviews in conjunction with Pennsylvania
State University and the National Institute of Justice.
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4th QUARTER SIGNIFICANT ISSUES:
During the fourth quarter, the Tukwila Police Department received re- accreditation status with the
Washington State Association of Sheriffs and Police Chiefs (WASPC). Accreditation is a daily process of
meeting specified standards set by WASPC and the Police Department, and then being able to prove you
are doing what you say. In order to meet the standards set by WASPC, we underwent an assessment
that included a file review and on sight inspection. Our success was based on the hard work of each and
every employee. A special thanks goes to Officer Mike Murphy who serves as our Accreditation
Manager.
Sergeant Mark Howie retired from the Tukwila Police Department after serving for twenty -one years.
Mark worked in our Major Crimes Unit as the Major Crimes Sergeant. Mark accepted a position as the
Under Sheriff for Wahkiakum County starting in January 2011. It is a very fine tribute to our agency when
our leaders move on to accept additional responsibilities as leaders in other organizations.
In addition to the above, we continued our community connections. We instructed twenty -four D.A.R.E.
classes, attended 10 Explorer meetings, and assisted with the formation of two new Blockwatch groups,
just to name a few. Also, Officer Ted Rutt won the John Carion Memorial "Unsung Hero" award for his
work in Special Olympics.
BUDGET PROGRAM GOALS:
Administration
1. Continue to assess current and future department staffing and facility needs that support delivery of
law enforcement excellence to the community: Ongoing
2. Recognize excellent performance: Ongoing
3. Resolve community problems throuah partnerships and problem solving: Ongoing
4. Work with and strengthen regional partnerships: Ongoing.
Patrol
1. Enhance police visibility in our neighborhoods: Deployed new Black and White patrol vehicles as
part of the increased visibility initiative in our neighborhoods. Officers report on citizen
comments regarding the increased visibility in the vicinity of our schools. Conducted a patrol
emphasis with SPD Gang Detectives and TAC Team Detectives at Westfield Mall in an attempt
to reduce increased and violent gang activity in the Central Business District.
2. Review our Field Training Program for new Officers: The FTO and mentorship program continue
to produce quality officers. This quarter, one officer completed his probationary period while
several others remain on probation and are progressing well. One officer is currently
undergoing field training.
3. Inspect and enhance. where needed. equipment for field operation: Deployed new Black and White
patrol vehicles. Inspected and replaced factory recalled AEDs in all patrol vehicles. Assessed
the need and purchased Active Shooter Trauma Packs for front -line patrol vehicles.
Records /Evidence
1. Plan and prepare for the relocation of department evidence to a new storage facility: The Police
Department continues to plan and prepare for the relocation of evidence to a new storage
facility. This year discussions occurred regarding the possibility of expanding into the former
Police /City Records Storage Center located at old Fire Station Number 52 (12026 42 AVE S).
Discussions also continue regarding the closure of the Neighborhood Resource Center, since
that will make it necessary for us to relocate our Marijuana Testing Lab. There was not
sufficient funding available to the Police Department during 2010 to complete this goal.
2. Destroy all records maintained by the Records Division that exceed or meet minimum general
retention schedule requirements: An annual records destruction is part of the Police
Department's standard records cycle (intake, processing, storage, and purging). This was
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completed during the normal course of business, and under the supervision of the Police
Records Manager, on 3/19/10.
3. Prepare firearms and narcotics held in evidence for destruction: Our first narcotics destruction was
completed on 3/15/10. A second narcotics destruction was completed on 9/8/10. Our firearms
destruction was completed on 11/3/10. At that time, 73 firearms were destroyed.
4. Prepare and submit items of evidence for auction. as appropriate: Preparing evidence items for
auction is part of our on -going evidence cycle (intake, storage, and purging). Items are
submitted to the PropertyBureau.com auction site as often as we have enough items to
schedule a pick -up. This year, items were submitted for auction on 8/4/10.
Investigations (Major Crimes)
1. Review and assess eauipment needs for maior field investiaations:
Following an assessment of equipment needs, the unit acquired three items to assist in field
scene investigations: portable scene lighting, a new digital video camera, a portable saw.
2. Evaluate and adiust investigative priorities:
By categorizing no- suspect felony property crimes as `information cases' we were able to
reduce the detectives' case Toads, thereby allowing them more time to effectively investigate
higher- priority cases. For example, our ability to spend more time on residential burglary
cases resulted in the arrest of several active burglars in our community and a corresponding
reduction of those crimes throughout the year.
3. Conduct auarterlv reviews in order to assess effectiveness and direction of the Unit:
Quarterly reviews were completed.
Special Operations /Crime Prevention /Training /Traffic
1. Conduct Quarterly reviews in order to assess effectiveness and direction of the Unit:
All units completed quarterly reviews.
2. Maintain crime prevention programs that facilitate our partnerships with the community:
We were able maintain all of our crime prevention programs with the exception of the Citizens'
Academy, which was discontinued due to budget cuts.
3. Reduce the impact of crimes related to drugs. vice and oanos throuah proactive enforcement:
We made 32 prostitution related arrests during the year. We became an integral part of the
federally- funded regional gang group, GETUM, and participated in several emphasis
operations throughout South King County. We filed 62 felony narcotics cases during the year,
some noteworthy investigations resulting in the arrests of several suspects selling drugs out
of TIB motels and the arrests of numerous street -level drug dealers.
4. Reduce speeding throuah increased visibility and traffic enforcement: Increased enforcement
during the holiday season to augment patrol.
5. Reduce traffic collisions in targeted areas of the City: Conducted several emphasis patrols during
the holiday season to assist with the significant increase in retail traffic.
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TUKWILA POLICE ;DEPARTMENT 2.
2010 QUARTERLY, ACTIVITY REPORT,
1ST QTR 2ND QTR 3RD QTR 4TH QTR 2010
TOTAL
PART I
1 Crimes Against Person I 178 J 164 1 185 176 703 1
1 Crimes Against Property 1 1276 1296 1 1294 1 1179 1 5,045
1 Crimes Against Society 1 118 157 160 1 105 540
1 All Other Cases 1071 1 1027 1100 1 1011 4,209 1
CALLS FOR SERVICE 8144 8366 9129 7250 32,889
Cases Generated 1 2135 2117 1 2237 1 2162 8,651 1
ARRESTS
Cases Cleared by Adult Arrest 1 664 682 1 785 1 655 2,786 1
Cases Cleared by Juvenile 74 72 81 83 310
Arrest
RESPONSE TIME
Emergency Priority 1 1 3.15 l 3.1 3.45 1 3.10 J 3.20
Emergency Priority 2 6.64 1 6.42 6.87 I 8.18 1 7.02
Non emergency 1 13.46 12.91 16.55 12.95 13.96
TRAFFIC
DUI 13 17 1 8 4 42
Criminal Traffic Citations 165 170 1 185 1 158 678
Traffic Infractions 630 684 1 911 1 552 2,777
Injury 52 43 f 58 I 45 198
Non injury 108 110 1 124 138 480
Hit and Run (Non- injury) 83 68 I 87 1 101 339
Pedestrian /Vehicle Accidents 5 0 2 I. 7 14
TAC TEAM
Narcotics Cases 16(11 20 (14 19 (18 24 (19 79 (62
cleared) cleared) cleared) cleared) cleared)
Prostitution /Lewd Conduct,
etc. 8 9 9 6 32
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TUKWILA POLICE DEPARTMENT
"2010 'QUARTERLY ACTIVITY REPORT'
1ST QTR 2ND 3RD 4TH QTR 2010
QTR QTR TOTAL
ASSETS FORFEITED
Cash $1,709 $7,672.87 1203 7722 18,306.87
Vehicles 2 3 0 2 7
MAJOR CRIMES
Cases Assigned for 124 122 95 107 341
Investigation
Cases Cleared 137 109 170 125 541
SPECIAL SERVICES
Telephone Calls 8,813 8,445 8,155 6873* 62,286
Warrants Cleared /Entered 409/515 417/401 438/489 394/507 1658/1912
Prisoners Monitored in Jail 409 365 366 270* 1410
Records Requests 1,253 1,519 1,249 1067 5088
Number of Firearms in 14 19 19 10 62
Evidence
Evidence Property Logged In 935 938 898 802 3573
CRIME PREVENTION
Community Meetings 7 11 22 7 4
Attended
Block Watch Meetings 2 1 5 3 11
Business Training Sessions 0 2 2 2 6
CFMH 0 0 0 0 0
Inspections /Reinspections
Apt. Managers Network 2 2 2 2 8
Meetings
Safety in Overnight Lodging 0 5 3 4 12
Visits*
Crime Prevention Surveys 0 3 6 1 10
Includes Re- inspections
Telephone Calls:
In October we experienced a significant amount of dropped calls, so for that month (and hence the entire
quarter) our numbers for phone calls are low. Also, with implementation of the new phone system, there
is an 8 day period (12/20- 12/28) that Public Works and IT were unable to provide reports /numbers for.
(Again, resulting in a lower number for phone calls.)
Prisoners Monitored in Jail:
The new policy implemented that eliminated double bookings resulted in lowering the number of
prisoners that we monitor in jail.
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