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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. Blank ILA. J City of Tukwila Y 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 INTERLOCAL AGREEMENT 2009 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 INTERLOCAL AGREEMENT 2009 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 INTERLOCAL AGREEMENT 2009 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 INTERLOCAL AGREEMENT 2009 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 INTERLOCAL AGREEMENT 2009 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 INTERLOCAL AGREEMENT 2009 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 INTERLOCAL AGREEMENT 2009 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 INTERLOCAL AGREEMENT 2009 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 INTERLOCAL AGREEMENT 2009 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 INTERLOCAL AGREEMENT 2009 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 VALLEY CIVIL DISTURBANCE UNIT 12 INTERLOCAL AGREEMENT 2009 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. W: Word Processing\ Ordinances \Police Rank.doc PH:mrh Page 1 of 2 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: W: Word Processing\ Ordinances \Police Rank.doc PH:mrh Page 2 of 2 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 80 2010 Fourth Quarter Report Prepared for Finance Safety Committee Page 5 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. 81 2010 Fourth Quarter Report Prepared for Finance Safety Committee Page 6 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 82 2010 Fourth Quarter Report Prepared for Finance Safety Committee Page 7 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. 83 2010 Fourth Quarter Report Prepared for Finance Safety Committee Page 8 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.) 84 2010 Fourth Quarter Report Prepared for Finance Safety Committee Page 9 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 85 2010 Fourth Quarter Report Prepared for Finance Safety Committee Page 10 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. 86 2010 Fourth Quarter Report Prepared for Finance Safety Committee Page 11 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. 87 2010 Fourth Quarter Report Prepared for Finance Safety Committee Page 12 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. 88 2010 Fourth Quarter Report Prepared for Finance Safety Committee Page 13 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. 89 2010 Fourth Quarter Report Prepared for Finance Safety Committee Page 14 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. 90 2010 Fourth Quarter Report Prepared for Finance Safety Committee Page 15 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. 91 2010 Fourth Quarter Report Prepared for Finance Safety Committee Page 16 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. 92 2010 Fourth Quarter Report Prepared for Finance Safety Committee Page 17 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% 93 2010 Fourth Quarter Report Prepared for Finance Safety Committee Page 18 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. 94 2010 Fourth Quarter Report Prepared for Finance Safety Committee Page 19 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 95 2010 Fourth Quarter Report Prepared for Finance Safety Committee Page 20 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. 96 2010 Fourth Quarter Report Prepared for Finance Safety Committee Page 21 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 97 2010 Fourth Quarter Report Prepared for Finance Safety Committee Page 22 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. 98