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HomeMy WebLinkAboutPS 2017-01-18 COMPLETE AGENDA PACKETCity of Tukwila Public Safety Committee O Thomas McLeod, Chair O Joe Duffie O De'Sean Quinn AGENDA Distribution: Recommended Action T. McLeod Mayor Ekberg J. Duffle D. Cline D. Quinn C. O'Flaherty D. Robertson L. Humphrey TUESDAY, JANUARY 17, 2017 — 5:30 PM FOSTER CONFERENCE ROOM (6300 Building, Suite 100) Item Recommended Action Page 1. PRESENTATION(S) 2. BUSINESS AGENDA a. An Interlocal Agreement for VNET (Valley Narcotics a. Forward to 1/23 C.O.W. Pg.i Enforcement Team). and 2/6 Regular Mtg. Mike Villa, Police Chief b. A contract with Securitas for Court security services. b. Forward to 1/23 Special Pg. 17 Trish Kin /ow, CourtAdministrator Meeting Consent Agenda. c. Framework for Public Safety Plan Siting Advisory c. Forward to 1/23 C.O.W. Pg.27 Committee. for consensus. Rachel Bianchi, Communications and Government Relations Manager 3. ANNOUNCEMENTS 4. MISCELLANEOUS Next Scheduled Meeting: Monday, February 6, 2017 SThe City of Tukwila strives to accommodate individuals with disabilities. Please contact the City Clerk's Office at 206 - 433 -1800 (TukwilaCityClerk @TukwilaWA.gov) for assistance. City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Public Safety Committee FROM: Mike Villa, Chief of Police BY: Rick Mitchell, Acting Deputy Chief of Police CC: Mayor Ekberg DATE: January 10, 2017 SUBJECT: Valley Narcotics Enforcement Team (VNET) Interlocal Agreement ISSUE The Council is being asked to consider and approve the VNET Interlocal Agreement. BACKGROUND The multi-jurisdictional Valley Narcotics Enforcement Team (VNET) has been in existence for many years. The member agencies of VNET are Auburn, Federal Way, Kent, Renton, Tukwila, Seattle, and Port of Seattle. The team works with the Drug and Enforcement Administration (DEA) on mid to high level narcotic investigations in the South King County region. The team's 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 narcotics crimes. DISCUSSION The Department of Justice (DOJ) has changed the requirements for all task forces working with the DEA, such as VNET, in order to stay compliant. One of the new requirements is a signed Interlocal Agreement, which will be renewed every 12 months. Additionally, the VNET would become out of compliance with the DOJ until the agreement has been renewed, at which time, the federal funding would not be released to the participating agencies of the team. As a result, the agencies have drafted, and are proposing the attached agreement for approval by the Council. The agreement has been reviewed and approved by legal. All other cities participating in VNET have approved and signed the attached agreement at this time. FINANCIAL IMPACT None. RECOMMENDATION The Council is being asked to approve the VNET Interlocal Agreement at the January 23, 2017 Committee of the Whole meeting and subsequent February 6, 2017 Regular meeting. ATTACHMENTS VNET agreement INTERLOCAL COOPERATIVE AGREEMENT BETWEEN CITIES OF AUBURN, FEDERAL WAY, KENT, RENTON, SEATTLE, TUKWILA, AND THE PORT OF SEATTLE FOR THE I. PARTIES The parties to this Agreement are the cities of Auburn, Federal Way, Kent, Renton, Seattle, and Tukwila, and the Port of Seattle. 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 criminal 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, Federal Way, Kent, Renton, Seattle, and Tukwila, and the Port of Seattle. 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 PURPOSE Municipalities within the Puget Sound region have experienced an increase in urbanization and population densities. The ability to address crimes associated with controlled substances may stretch the resources of individual police department specialty units. Prior to the formation of VNET, law enforcement efforts directed at dealing with controlled substances crimes were, for the most part, conducted by law enforcement agencies working independently. A multi-jurisdictional effort to handle specific and complicated narcotic investigations has resulted in more effective pooling of personnel, the improved utilization of scarce funds, a reduction in the duplication of equipment, improved training, and a development of specialized expertise. The formation of VNET has resulted in improved services for all of the participating entities, increased safety for officers and the community, and improved cost effectiveness. VI. TEAM OBJECTIVES Personnel from each participating jurisdiction who are assigned to VNET will form a combined investigation team ("Team"). Each police officer is assigned Valley Narcotics Enforcement Team Interlocal Agreement - 1 to the Team via this Agreement, and to the DEA through individual jurisdiction agreements with DEA. The objective of the VNET shall be to provide enhanced and more efficient use of personnel, equipment, budgeted funds, and training. The combined Team or individual detectives shall respond as able and as approved by the DEA Supervisor when requested by any of the participating agencies. VNET may be available to outside law enforcement agencies as permitted by laws relating to mutual aid and as approved by the DEA. VII. DURATION /TERMINATION The minimum term of this Agreement shall be one year, effective upon its adoption. This Agreement shall automatically renew, and VNET shall automatically continue in existence, for consecutive one year terms without action of the legislative bodies of the participating jurisdictions, and unless and until terminated pursuant to the terms of this Agreement. A jurisdiction may withdraw its participation in VNET 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 90 days after service of the notice on all participating members. The withdrawal of an individual jurisdiction from VNET shall not result in the termination of VNET. In the event that VNET withdraws its participation in the DEA Task Force, this Agreement, and thus VNET, shall remain in effect unless terminated as provided herein. VNET may be terminated by a majority vote of the Executive Board or by action of the legislative bodies of the participating jurisdictions. Any vote for termination by the Executive Board shall occur only when the police chief of each participating jurisdiction is present at the meeting in which such vote is taken. VIII. TASK FORCE AGREEMENT Unless VNET is terminated, on an annual basis, each Board member shall affirm its jurisdiction's continued participation in VNET for the following year. Upon affirmation of the participation of each jurisdiction, VNET shall execute a task force agreement affirming the continuation of agency participation in VNET, and such task force agreement shall, on an annual basis, be forwarded to the US Department of Justice, Asset Forfeiture Money Laundering Section. IX. GOVERNANCE The affairs of the VNET shall be governed by an Executive Board ("Board,") whose members are composed of the police chief, or his/her designee, from each participating jurisdiction. One member of the Board shall be elected by the Board to serve as Chair. Each member of the Board shall have an equal vote 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 Valley Narcotics Enforcement Team Interlocal Agreement - 2 El which the decision is made. A majority of Board members, or their designees, must be present at each meeting for any action taken to be valid. The Board shall meet monthly, unless otherwise determined by the Board. The Chair, or any Board member, may call extra meetings as deemed appropriate. The Chair shall provide no less than 48 hours' notice of all meetings to all members of the Board; PROVIDED, that in emergency situations, the Chair may conduct a telephonic meeting or a poll of individual Board members to resolve any issues related to such emergency. X. PERSONNEL The following personnel shall serve at the pleasure of the Board. Personnel 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 jurisdiction shall be appointed by the Board. The Team 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. VNET Detectives: Each jurisdiction shall contribute one full-time commissioned officer to perform investigation work for the Team. Attorney: While King County is not a participating jurisdiction, King County will provide an attorney who shall be a de-facto 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 prosecutorial services as needed. Employees of Contributing Jurisdictions: The personnel assigned to the Team shall be considered an employee of the contributing jurisdiction. That jurisdiction 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 jurisdiction and none of the rights, duties, and obligation of the employing jurisdiction shall shift to VNET or any other participating 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 of the employing jurisdiction. Valley Narcotics Enforcement Team Interlocal Agreement - 3 XI. EQUIPMENT, TRAINING, AND BUDGET Each participating jurisdiction shall provide the equipment of its participating VNET personnel. Each jurisdiction shall provide sufficient funds to update, replace, repair, and maintain the equipment and supplies utilized by its participating VNET personnel. Each jurisdiction shall provide sufficient funds to provide for the training of its participating VNET personnel. The equipment, supplies, and training provided by each jurisdiction to its personnel participating in VNET shall be equal to those provided by the other participating jurisdictions. The Board shall be responsible for purchasing VNET-owned equipment. Equipment purchased using VNET funds or forfeited property deemed owned by VNET shall remain the property of VNET unless the Board transfers it to a participating jurisdiction. The Board will ensure a record of the transaction is maintained. The Board must approve any joint capital expenditure for VNET equipment of $1,500.00 or more. Approval for capital expenditures of less than $1,500.00 may be authorized by the VNET Chair. XII. FINANCIAL REQUIREMENTS VNET utilizes a Fiscal Agent for all account transactions and accounting. One of the participating jurisdictions will provide the services of the Fiscal Agent as approved by the Board. The VNET operating budget relies primarily on three funding sources: State and Federal Grants, VNET assets forfeited at the state and federal levels, and funds provided by the participating jurisdictions, Federal Grant funds are administered by the state and follow the state budget cycle of July 1 through June 30 of the following year. VNET shall request monthly reimbursements of expenses until the awarded amount is exhausted. Once the Federal Grant has been exhausted, forfeited assets will be used to pay expenses for the remainder of the budget cycle. VNET shall prepare a budget each year that estimates the grant funds available, and each participating jurisdiction shall provide VNET with the annual cost to assign an officer and other approved personnel to the unit. A jurisdiction's annual contribution is then divided by 12 and credited towards the monthly salary and benefits of the jurisdiction's participating personnel. All other expenses are paid for by VNET utilizing either Grant funds or forfeited assets. The Board shall agree upon a date each year by which time it will notify the participating jurisdictions of each jurisdictions' expected contribution. The DEA contribution to VNET includes providing office space, storage space, parking, and phone service at no cost to VNET jurisdictions. XIII. DISTRIBUTION OF SEIZURE FUNDS The VNET Board provides oversight of seized and forfeited assets via the Fiscal Agent. Forfeited assets may be distributed to participating agencies Valley Narcotics Enforcement Team Interlocal Agreement - 4 N. when deemed appropriate by the Board. The Board will endeavor to maintain adequate financial resources to fund ongoing operations of the VNET. XIV. DISTRIBUTION OF ASSETS UPON TERMINATION Upon termination of VNET, each participating jurisdiction shall retain sole ownership of the equipment purchased and provided for its participating VNET personnel. Any VNET assets shall be equally divided among the participating jurisdictions at the asset's fair market value upon termination. The value of the assets of VNET shall be determined by using commonly accepted methods of valuation. If two 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. Proceeds from the sale or disposition of any VNET property, shall, after payment of any and all costs of sale or debts of the jurisdiction, be equally distributed to those jurisdictions participating in VNET at the time of termination. In the event that one or more jurisdictions terminate their participation in VNET, but VNET continues to exist, the jurisdiction terminating participation shall be deemed to have waived any right or title to any property owned by VNET or to share in the proceeds at the time of termination. Arbitration pursuant to this section shall occur as follows: a. The jurisdictions interested in an asset shall select an Arbitrator to determine which jurisdiction will receive the property. If the jurisdictions cannot agree to an Arbitrator, the chiefs of the jurisdictions participating in VNET upon termination 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, XV. LIABILITY, HOLD HARMLESS, AND INDEMNIFICATION It is the intent of the participating jurisdictions to provide services of 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 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 Valley Narcotics Enforcement Team Interlocal Agreement - 5 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 a jurisdiction or its personnel were not involved in 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 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 VNET 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 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 attorney fees accrued by its individual representation or defense. Each jurisdiction and its 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 VNET 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 otherwise, the jurisdiction shall nonethelE equal share of any award for or settlement however, that in the event a jurisdiction or the lawsuit and Subsection A of this section shall not be required to pay any share of thi E. Settlement Process. It jurisdictions act in good settlement negotiations , qualified immunity, or 3s be required to pay its of the lawsuit; PROVIDED, employee is removed from is satisfied, the jurisdiction award or settlement. is the intent of this faith on behalf of each on liability claims or Valley Narcotics Enforcement Team Interlocal Agreement - 6 Rl Agreement that the other in conducting 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. No Waiver of Title 51 RCW . This section shall not be interpreted to waive any defense arising out of Title 51 RCW. 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. XVI. 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 XV 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. XVII. 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 action subject to the claim occurred; PROVIDED, that in the event the jurisdiction within which the action subject to the claim occurred did not participate in the action subject to the claim, the lead jurisdiction shall be the jurisdiction within which the VNET investigation or response originated. In the event that a jurisdiction that was not involved in the action subject to the claim receives the claim, that jurisdiction shall notify the other jurisdictions in accordance with Section XVI of this Agreement, and shall use its best efforts to determine who the appropriate lead jurisdiction is, Valley Narcotics Enforcement Team Interlocal Agreement - 7 B. Assistance of VNET Supervisor The Team Supervisor shall assist the lead jurisdiction in responding to a claim. The Team Supervisor shall be responsible for gathering all records relating to claim. 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 action subject to the claim. The Team Supervisor shall also provide a list of personnel who participated in the action subject to the claim and their contact information. The Team Supervisor shall deliver all copies of the records to the lead jurisdiction promptly upon request. C. Claims of $5,000 or Less i. Lead Jurisdiction Responsibilities The lead jurisdiction shall be responsible for working with the Team Supervisor to gather records relating to the action subject to the claim. 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, shall determine whether VNET 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 VNET. In the event the lead jurisdiction determines that payment of a claim of $5,000 or less 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 action subject to the claim. The insurance provider for the lead jurisdiction shall provide full payment to the claimant, and each jurisdiction that participated in the VNET action that is the subject of the claim 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 VNET and each and every officer, agent, or volunteer of those participating jurisdictions. In the event the lead jurisdiction determines that VNET 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 VNET, the lead jurisdiction shall notify the other jurisdictions of the determination, and such determination shall be binding on the other Valley Narcotics Enforcement Team Interlocal Agreement - 8 10 jurisdictions; PROVIDED, 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 the lead jurisdiction, in conjunction with its insurance provider, determines that payment of a claim of $5,000 or less 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 ii. Lead Jurisdiction Responsibilities The lead jurisdiction shall schedule a meeting with all jurisdictions participating in VNET to discuss a claim over $5,000 and to determine the appropriate manner in which to respond and/or defend the claim. The Board and persons listed in Section XIX of this Agreement shall be notified of the meeting. XVIII. 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 listed in Section XIX of this Agreement. B. Coordination of Initial Meeting The jurisdiction that initially receives a lawsuit shall schedule a meeting or otherwise communicate with all of the jurisdictions participating in VNET to discuss the lawsuit and to determine the appropriate manner in which to respond to and/or defend the lawsuit. The Board and persons listed in Section XX of this Agreement shall be notified of the meeting or other communication, XIX. NOTIFICATION OF CLAIMS AND LAWSUITS Section XVI 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 jurisdictions 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 constitute a waiver of 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. For the purposes of implementing Section XVI of this Agreement, the following persons from each jurisdiction shall receive any required notification or documentation: Valley Narcotics Enforcement Team Interlocal Agreement - 9 11 City of Auburn City of Kent Auburn City Attorney Kent City Attorney 25 West Main Street 220 Fourth Avenue South Auburn, WA 98001 Kent, WA 98032 253 -931 -3030 253- 856 -5770 Auburn Police Chief Kent Police Chief 101 N. Division 220 Fourth Avenue South Auburn, WA 98001 Kent, WA 98032 253- 931 -3080 253- 856 -5888 Auburn Human Resources Kent Risk Manager Director /Risk Manager 220 Fourth Avenue South 25 West Main Street Kent, WA 98032 Auburn, WA 98001 253 -856 -5285 253 - 931 -3040 Auburn City Clerk Kent City Clerk 25 West Main Street 220 Fourth Avenue South Auburn, WA 98001 Kent, WA 98032 253 - 931 -3039 253- 856 -5728 City of Federal Way City of Renton Federal Way City Clerk Renton Risk Manager P.O. Box 9718 1055 S. Grady Way Federal Way, WA 98063 Renton, WA 98057 Federal Way City Attorney P.O. Box 9718 Federal Way, WA 98063 Port of Seattle CIAW Port of Seattle Claims Manager Director of Claims P.O. Box 1209 Canfield & Associates, Inc. Seattle, WA 98111 451 Diamond Drive Ephrata WA 98823 Valley Narcotics Enforcement Team Interlocal Agreement - 10 12 City of Tukwila City Clerk City of Tukwila 6200 Southcenter Blvd Tukwila, WA 98043 WCIA Claims Manager WCIA P.O. Box 1165 Renton, WA 98057 City of Seattle City of Seattle City Clerk Seattle Police Chief Seattle City Council 610 5th Avenue 600 4 th Avenue #3 Seattle, WA 98124-4986 Seattle, WA 98104 City of Seattle XX. COMPLIANCE WITH THE LAW VNET and all its members shall comply with all federal, state, and local laws that apply to VNET. XXI. 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 VNET and to meet the goals of VNET. It is further recognized that the Board has the expertise necessary to provide for the efficient operation of VNET. To that end, the jurisdictions agree that changes may be made to this Agreement, or addenclums 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. XXII. RECORDS Each jurisdiction shall maintain records relating to work performed by its employees assigned to VNET when working on non-DEA operations. The VNET Office Manager shall maintain records relating to the operation of VNET Valley Narcotics Enforcement Team Interlocal Agreement - 11 13 to the extent required by law. All records shall be available for full inspection and copying by each participating jurisdiction. XXIII. FILING Upon execution of this Agreement, this Agreement shall be filed with the County auditor or, alternatively, listed by subject on the jurisdiction's web site or other electronically retrievable public source. XXXV. 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, XVV. 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 as to each jurisdiction upon execution by the authorized representative of that jurisdiction. This Agreement may be executed by counterparts and be valid as if each authorized representative had signed one 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. City of Auburn City of Auburn Print Name: Its: Mayor Print Name: Its: City Clerk Date: Date: City of Auburn Print Name: Its: City Attorney Date: City of Kent City of Kent Print Name: Its: Mayor Print Name: Its: City Clerk Date: Date: Valley Narcotics Enforcement Team Interlocal Agreement - 12 IM, Ma LM, Print Name: Its: City Attorney Date: Print Name: Its: City Manager Date: Print Name: Its: City Attorney Date: Print Name: Its: Mayor Date: Print Name: Its: City Attorney Date: City of Tukwila 1-1/ Print Name: Its: Mayor Date: Print Name: Its: City Attorney Date: Print Name: Its: City Clerk Date: Print Name: Its: City Clerk Date: xar.'�Fn Print Name: Its: City Clerk Date: Valley Narcotics Enforcement Team Interlocal Agreement - 13 15 Print Name: Its: Chief Executive Date: Print Name: Its: Date: Print Name: Its: Attorney for Port of Seattle Date: Print Name: Its: Date: PA0vi1\F-t1e.q\Onen File-,\0770-VNFTinterinr.,-il\1016 VNFT 11.A Clean .qt-ntemher1O')n I 6flnr Valley Narcotics Enforcement Team Interlocal Agreement - 14 17% City of Tukwila Allan Ekberg, Mayor TO: PUBLIC SAFETY COMMITTEE FROM: LaTricia Kinlow, Court Administrator CC: Mayor Ekberg DATE: January 11, 2017 SUBJECT: Securitas Security Services USA, Inc. Contract ISSUE Securitas Security Services USA, Inc. provides security screening for the Tukwila Municipal Court. It is time to renew the contract. BACKGROUND The City has contracted services with Securitas dating back to June 2006. The court is pleased with their current level of services and desires to renew the contract for the 2017-2018 budget. DISCUSSION The current agreement has a termination date of February 28, 2017. The new contract will have a termination date of December 31, 2018. FINANCIAL IMPACT The Tukwila Municipal Court's 2017-2018 Budget includes security services. There are no additional expenses resulting from this new contract outside of what is already in the upcoming biennial budget. RECOMMENDATION I am requesting that this item moved to the January 23, 2017 consent agenda. ATTACHMENTS Contract for Services — Securitas Security Services USA, Inc. 17 1 City of Tukwila Contract Number: 6200 Southcenter Boulevard, Tukwila WA 98188 CONTRACT FOR SERVICES This Agreement is entered into by and between the City of Tukwila, Washington, a non-charter optional municipal code city hereinafter referred to as "the City," and Securitas Security Services USA, Inc., a Delaware corporation, hereinafter referred to as "the Contractor," whose principal office is located at 3633 136th Place SE, Suite 315, Bellevue, WA 98006. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scope and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $100,000. Contractor may raise its rates on 30 days' written notice to account for any increases in (a) health care, benefit, or insurance costs, (b) labor or fuel costs, (c) costs arising from changes to laws, regulations, or insurance premiums, (d) SUI or similar taxes, or (e) any other taxes, fees, costs or charges related to the services. 3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing March 11-2017, and ending December 31, 2018 unless sooner terminated under the provisions hereinafter specified. 5. Independent Contractor. Contractor and City agree that Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. CA Revised 1-2013 Securitas — 2017-2018 Contract.doc Page I of 6 19 6. Indemnification. The Contractor shall defend, indemnify and hold the City, its officers, agents, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 7. Insurance. The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types and with the limits described below: Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile liability insurance shall cover all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products - completed operations aggregate limit. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products - completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an equivalent endorsement. There shall be no endorsement or modification of the Commercial General Liability Insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured- Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Other Insurance Provision. The Contractor's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 20 CA Revised 1-2013 — Securitas — 2017-2018 Contract.doc. Page 2 of 6 C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. D. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. E. Subcontractors. The Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent business practices. F. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. G. Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Contractor to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. 8. Record Keepinq and Reporting. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 10.Termination. This Agreement may at any time be terminated by either party giving thirty (30) days written notice of intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the presence of any disability in the selection and retention of employees or procurement of materials or supplies. 12. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13. Entire Agreement: Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or CA Revised 1-2013 — Securitas — 2017-2018 Contract.doc. Page 3 of 6 21 modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. 14. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 16. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 16. Applicable Law; Venue; Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. DATED this _ day of 1 20_. CITY OF TUKWILA CONTRACTOR: SECURITAS SECURITY SERVICES USA, INC Allan Ekberg, Mayor ATTEST/AUTHENTICATED: City Clerk, Christy O'Flaherty APPROVED AS TO FORM: Office of the City Attorney By: P ' edName and Title: cF- Address:3633 136th Place SE, Suite 315 Bellevue, WA 98006 CA Revised 1-2013 — Securitas — 2017-2018 Contract.doc. Page 4 of 6 22 •-607 SECURITAS SCOPE OF SERVICES: Securitas Court Security Officer The Securitas Court Security Officer shall provide the following services and in accordance with Court Security Officer Manual: 1. The officer shall conduct a security sweep of the court and surrounding area prior to and after shift. Shift hours are daily 8:30 a.m.- 4:30 p.m. 2. Physically screen all persons, with few exceptions, entering the Tukwila Municipal Court. The initial and primary screening method shall be via the metal detector arch. A hand wand metal detector shall be employed after two unsuccessful passes through the arch. The officer shall also physical search all belongings patrons intend to bring into the court area. With proper identification, city employees and law enforcement personnel may bypass the screening process. 3. The officer shall temporarily store prohibited items (excluding firearms). The officer shall inform patrons that they must secure firearms elsewhere as they will not be stored by the Court. 4. The officer shall be responsible for calibration and general maintenance of the security equipment in accordance with manufacturer guidelines. 5. The officer shall be knowledgeable of the laws and rules that govern the security of court facilities and bring attention to the Tukwila Police any potential violations. The officer shall also be alert to any disruptive and/or unlawful behavior that may require police action. CA Revised 1-2013 — Securitas — 2017-2018 Contract.doc. Page 5 of 6 23 24 0*0 SECURITAS Securitas Security Services USA, Inc. City of Tukwila and Securitas Security Services USA, Inc. Contract for Services. Service Location: Tukwila Municipal Court 6200 Southcenter Blvd. Tukwila, WA 98188 Servicing Office Location: Securitas Security Services USA, Inc. 3633 136th PL S.E., Suite 315 Bellevue, WA 98006 Tel: (425) 653 -1454 Fax: (425) 653 -1568 Fees: City of Tukwila - TUKWILA MUNICIPAL COURT — 2017 BUDGET YEAR — Effective January 1, 2017 City of Tukwila - TUKWILA MUNICIPAL COURT — 2018 BUDGET YEAR — Effective January 1, 2018 Security Officer Greater than 90 days $21.05 40 Hours Per Week is the Baseline Schedule. Overtime rates will be charged as incurred for all hours in excess of the Baseline Schedule at 1.5 times the Bill Rate. Additional Provisions: • Premium (Overtime) Rates: will apply for hours worked in excess of forty (40) hours per week. • Recognized Holidays: All recognized Federal Holidays. • Client requested additional training will be billed at the premium rate. • Company may raise its rates on 30 days' written notice to account for any increases in (a) health care, benefit, or insurance costs, (b) labor or fuel costs, (c) costs arising from changes to laws, regulations, or insurance premiums, (d) SUI or similar taxes, or (e) any other taxes, fees, costs or charges related to the Services. Page 6 of 6 CA Revised 1 -2013 — Securitas — 2017 -2018 Contract.doc. 25 AMENDMENT Modifying Contract for Services Between City of Tukwila ( "City ") and Securitas Security Services USA, Inc. ( "Contractor ") The Contract for Services, and anything attached to, incorporated into or otherwise forming part of it (collectively, the "Agreement "), is modified as of its commencement as follows, and in case of any difference the following controls: 1. Contractor will defend, controlling such defense, and indemnify the City, and others to be defended or indemnified under the Agreement, against any claim or loss only to the extent the claim or loss is caused by the negligence of Contractor while acting within the scope of its specified duties. However, Contractor's liability will in no event exceed $2 million. Further, Contractor will not be liable for any (a) punitive or consequential damages, (b) damages arising from events beyond Contractor's reasonable control, or (c) injuries or deaths arising from any conditions of the premises where Contractor's services are performed. 2. Notwithstanding anything to the contrary, in connection with the US Safety Act, each party waives all claims against the other for damages arising from or related to an act of terrorism, and the parties intend for this waiver to flow down to their respective contractors and subcontractors. 3. City acknowledges: (a) The City will be added as an additional insured under Contractor's General Liability insurance, not as an insured. Additional insureds will only be covered by Contractors insurance for liability assumed by Contractor in this Amendment, subject to the terms of Contractor's insurance; and (b) If any of Contractor's required insurance is canceled, notice will be delivered in accordance with insurance policy provisions (a statement to this effect will be on Contractor's certificate of insurance). 4. With respect to Contractor's maintenance of records, Contractor will only be required to maintain such records for a period of 3 years after termination of the Agreement. 5. If Contractor provides any equipment in connection with Contractor's services, all such equipment is for Contractor's use and will always be Contractor property. Contractor will be provided with reasonable time and access to remove all its equipment upon termination of the Agreement. 6. Contractor may terminate the Agreement without cause or penalty upon thirty days' written notice. Also, either party may terminate the Agreement if Contractor's insurer cancels or materially alters Contractor's insurance. City of Tukwila Securitas Security Services USA, Inc. 0 Name: Title: Date: W By: -- Name: �= S1 =-' / r� G Title: 1342,0--Icc4 Date: City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Public Safety Committee FROM: Rachel Bianchi, Communications and Government Relations Manager CC: Mayor Ekberg DATE: January 11, 2017 SUBJECT: Public Safety Plan Siting Advisory Committee Framework ISSUE At the Council workshop held on January 9, 2017 the Council agreed that the Public Safety Committee would recommend a framework for the Siting Advisory Committee associated with the City's Public Safety Plan. BACKGROUND The Tukwila City Council and Administration share the common goal of ensuring robust community engagement regarding the siting of the facilities included in the Public Safety Plan. As such, the City will appoint and staff a Siting Advisory Committee that will provide advice to City officials throughout the siting process, particularly with regard to the Justice Center. While fire station locations are data - driven to ensure optimum response times, and while the Public Works facility will be constrained by acreage and zoning requirements, these facilities can also benefit from the Siting Advisory Committee. It is important to note the distinction between the Siting Advisory Committee and the Financial Oversight Committee, which has a different role as formally defined in Ordinance 2509 and Resolution 1892. Proposed Responsibilities: The Siting Advisory Committee will meet regularly to review and provide strategic advice on outreach efforts, as well as to review feedback gathered from the community and verify that major themes are incorporated into siting decisions. Members are encouraged to participate in additional community and Council meetings throughout the siting process. Proposed Committee Make Up: The Committee shall have seven members comprising two members of the City Council, the Public Works Director, and four members of the Community, of which at least one must be from the business community. The Mayor will appoint two community members and the Council will appoint the other two. Members shall serve for terms of two years, although in order to have staggered terms, one community member appointed by the Council and one appointed by the Mayor will initially be appointed for three years and thereafter all terms of appointment will be for two years. Community members may be appointed for additional terms. The two seats held by members of the City Council will be appointed by the Council President during his or her term and may be annual appointments. The Committee shall continue in existence until each facility is constructed and fully occupied. 27 INFORMATIONAL MEMO Page 2 Proposed Meeting Schedule: The Committee shall determine its meeting schedule according to the flow of information to evaluate. This could change depending on where the City is in the process of each facility. Members are expected to reliably attend and participate in meetings. If a member fails to attend two or more meetings without cause, then the Committee shall define the member as inactive and inform the Council of its action. Proposed Staffing: The City will staff this Committee via the Communications Division, which is the lead on outreach and education regarding the Public Safety Plan. RECOMMENDATION The Public Safety Committee is asked to assist staff in refining the Committee and forwarding it on to the Council meeting on January 23, 2017 for full Council discussion and consensus on the framework for the Siting Advisory Committee. 28 W:12017 Info MernosTS Siting Advisory Com Merno.doc