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Tukwila City Council Agenda
COMMITTEE OF THE WHOLE
Steven M. Mullet, Mayor Councilmembers: Joe Duffie Dave Fenton
Rhonda Berry, Acting City Administrator Jim Haggerton Joan Hernandez
Pam Carter, Council President Pamela Linder Richard Simpson
May 1Z 2003; 7 p.m. Tukwila City Hall; Council Chambers
1. CALL TO ORDER/PLEDGE OF ALLEGIANCE
At this time, you are invited to comment on items not included on
this agenda. To comment on an item listed on this agenda, please
save your comments until the issue is presented for discussion.
a. An ordinance creating an Emergency Management
Organization.
b. An interlocal cooperative agreement for the Valley
Special Response Team.
c. An interlocal cooperative agreement to provide law
enforcement mutual aid and mobilization.
a. Mayor
b. City Council
c. Staff
d. City Attorney
e. Intergovernmental
Pg. 3
Pg.15
Pg. 27
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1908
CAS Number: 03-063
Agenda Item Title:
Original Sponsor:
Timeline:
Sponsor's Summary:
Recommendations:
Sponsor:
Committee:
Administration:
Cost Impact (if known):
Fund Source (if known):
Meeting Date
5/12/03
Meeting Date
5/12/03
COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date Prepared by 1 Mayor's review 1 Council review
5/12/03 'IMAM 1 /licit- 1 i.
V
Council
ITEM INFORMATION
0 6 3 I Original Agenda Date: May 12, 2003
Adopt Ordinance implementing Emergency Management Program.
Admin. Public Works
RCW Chapter 38.52 requires the City to establish an emergency management program that
will provide the management structure, key responsibilities, emergency assignments, and
implementing procedures to be followed during an emergency. The proposed ordinance
officially establishes Tukwila's program and directs the creation of an emergency operations
plan.
Adopt Ordinance for Emergency Management.
Forward to Committee of the Whole for discussion and approval.
Same as sponsor.
RECORD OF COUNCIL ACTION
Action
APPENDICES
Attachments
Information Memo dated April 30, 2003
Ordinance
TMC Chapter 2.56
Finance Safety Committee Meeting Minutes from May 5, 2003
XTEMNO.
3. a
INFORMATIONAL MEMORANDUM
To: Mayor Mullet
From: Public Works Director Tf)
Date: April 30, 2003 U�
Subject: Implementation of an Emergency Management Ordinance
Issue
RCW Chapter 38.52 requires the City of Tukwila to establish an emergency management
program. The proposed ordinance, Attachment A, creates and sets forth the requirements
and responsibilities for implementing the City's emergency management program.
Background
The City of Tukwila is at risk to natural disasters, technological hazards, operational
failures, and human imposed events. While each of these areas of risks have unique
issues for emergency response, they each have the requirement to manage multiple
impacts at multiple locations for the community during the crisis.
RCW Chapter 38.52 requires the City to establish an emergency management program
that will provide the management structure, key responsibilities, emergency assignments,
and implementing procedures to be followed during an emergency. The RCW requires
that this program and plan be built upon the Incident Command System for managing
emergencies.
Even though the City has addressed "disasters" in Tukwila Municipal Code Chapter 2.56,
Attachment B, and has an Emergency Operations Plan in effect, it does not meet the
current requirements of the RCW and the City Council has never implemented an
ordinance officially creating an emergency management program.
Discussion
Emergencies and disasters occur in local communities. The City of Tukwila is primarily
responsible for preparing for disasters and helping its residents recover. A key factor is
to be prepared before the situation occurs. Chapter 38.52 covers most of the
requirements for creating an emergency management program. The proposed ordinance
officially establishes Tukwila's program and directs the creation of an emergency
operation plan.
Recommendation
Review the proposed ordinance for implementation.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON,
RELATING TO EMERGENCY MANAGEMENT; REPEALING
ORDINANCE NO. 594; PROVIDIING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the potential exists for occurrences of natural disasters, civil disorder, terrorist
acts or hostilities directly impacting the City of Tukwila; and
WHEREAS, the City Council finds it necessary to create an Emergency Management
Program to develop and implement an Emergency Management Plan for facilitating effective
response to such occurrences; and
WHEREAS, the City of Tukwila desires to bring its municipal code in line with the
statutory requirements of RCW 38.52; and
WHEREAS, the "Civil Defense" procedures established by Tukwila Ordinance No. 594
on November 19, 1969, no longer effectively address the emergency management
requirements outlined above; and
WHEREAS, the City Council deems it to be in the best interests of public safety, health
and welfare for its citizens to enact the provisions set forth in this ordinance;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. NEW EMERGENCY MANAGEMENT CHAPTER. TMC Chapter 2.57,
entitled "Emergency Management is hereby established to read as follows:
2.57.010 Purpose
The declared purposes of this chapter are to provide for the preparation and implementation of
plans, including mock or practice exercises, for the emergency management and protection of
persons and property within the City in the event of a disaster; and to provide for the
coordination of the emergency and disaster response functions of the City with all other public
agencies and affected private persons, corporations and organizations. Any expenditures made
in connection with emergency management and disaster activities, including mutual aid
activities and mock or practice exercises, shall be deemed conclusively to be for the direct
protection and benefit of the inhabitants and property of the City.
2.57.020 Definitions
As used in this chapter, these terms shall be defined as follows:
1. "Emergency Management" means the preparation for and the carrying out of all
emergency functions, other than functions for which military forces are primarily responsible,
to prevent, minimize and repair injury and damage resulting from disasters. It includes
preparation, mitigation, response and recovery from disasters. It does not include, nor does
any provision of this chapter apply to, any condition relating to a labor controversy.
2. "Disaster" includes in its meaning, but is not limited to, extraordinary fire, flood,
storm, epidemic, riot, earthquake, enemy attack, sabotage, other emergencies, or similar
public calamity.
3. "Preparation" means the active planning, testing, and revising of operational
procedures and policies to prepare for a disaster. It includes coordination with local, County,
State and Federal agencies to insure cohesive working relationships and compatible
emergency plans.
4. "Mitigation" includes risk analysis, review and identification of hazards both
natural and man -made, development of strategies to minimize those hazards, and
development of resources and capabilities to respond effectively to risks not controlled through
conventional methods.
5. "Response" includes the initiation of warnings to potential disasters, initiation of
actions necessary to effectively act during a disaster, damage assessment and evaluation,
coordination of operations, logistics, and planning activities during a disaster, and
documentation of actions taken during a disaster.
6. "Recovery" includes assessment of community needs after an event, prioritizing of
actions for recovery, coordination of agencies during recovery, documentation of costs for
future recovery of costs, and facilitation of disaster assistance offices in providing the
community with efficient mechanisms to obtain Federal, State and local assistance after
disasters.
2.57.030 City Council Duties
It shall be the duty of the City Council under the Emergency Management Program to:
1. Give advice and consent to the Mayor regarding appointments made pursuant to
Section 2.57.040.
2. Consider adoption of emergency management mutual aid plans and agreements,
and such ordinances, resolutions, rules and regulation as are necessary to implement such
plans and agreements as are referred to them by the Emergency Management Council
pursuant to Section 2.57.050.
3. Approve at the earliest practicable time after their issuance, rules and regulations
reasonably related to the protection of life and property which are affected by a disaster, such
rules and regulations having been made and issued by the Emergency Management Director
pursuant to Section 2.57.070.
4. Distribute pursuant to resolution, the functions and duties of the City's emergency
management organization among the divisions, services and special staff referred to in Section
2.57.090.
5. Approve mutual aid agreements referenced in and pursuant to Section 2.57.100.
2.57.040 Emergency Management Council Created Membership
The Emergency Management Council is hereby created, and shall consist of the following:
1. The Mayor, who shall be chairperson.
2. The Director of Emergency Management, who shall be Vice- chairperson.
3. All department heads of the City of Tukwila, and the City Administrator.
4. Such City officials and other citizens with technical expertise in related areas as
may be appointed by the Mayor, with the advice and consent of the City Council.
2.57.050 Emergency Management Council's Powers and Duties
It shall be the duty of the Emergency Management Council, and it is hereby empowered, to
review and recommend for City Council adoption emergency management and mutual aid
plans and agreements and such ordinances, resolutions, rules and regulations as are necessary
to implement such plans and agreements. The Emergency Management Council shall meet
upon call of the chairperson or in the chairperson's absence from the City or inability to call
such meeting, upon the call of the vice chairperson.
2.57.060 Director's Powers and Duties
A. The position of Director of Emergency Management is hereby created. The Director of
Public Works of the City of Tukwila shall serve in such position ex officio.
B. The Director or his /her designee is hereby empowered and directed to:
1. Prepare an emergency management operating plan for the City, conforming to the
County and the State Office of Emergency Management plans and programs.
2. Control and direct the effort of the emergency management organization of the City
for the accomplishment of the purposes of this chapter.
3. Direct coordination and cooperation between departments, divisions, services and
staff of the emergency management organization of the City, and to resolve questions of
authority and responsibility that may arise between them.
4. Represent the emergency management organization of the City in all dealings with
public or private agencies pertaining to emergency management and response to disasters.
2.57.070 Disaster Powers of Director
In the event of disaster as herein provided, the director is hereby empowered to:
1. Make and issue rules and regulations on matters reasonably related to the
protection of life and property as affected by such disaster; provided, however, such rules and
regulations must be approved by the Emergency Management Council and confirmed by the
City Council at the earliest practicable time,
2. Obtain vital supplies, equipment and such other properties found lacking and
immediately needed for the protection of the life and property of the people, and bind the City
for the fair v alue thereof, and, if required immediately, to commandeer the same for public
use.
3. Require emergency services of any City officer or employee, and to command the
aid of as many citizens of this community as he thinks necessary in the execution of his
duties; such persons shall be entitled to all privileges, benefits and immunities as are provided
by state law for registered Emergency worker volunteers (as defined by Washington
Administrative Code 118 -30).
4. Requisition necessary personnel or material of any City department or agency.
5. Execute all of the special powers conferred by this chapter or by resolution adopted
pursuant thereto, all powers conferred by statute, agreement approved by the Emergency
Management Council, or by any other lawful authority.
2.57.080 Emergency Management Organization
All officers and employees of the City, together with those citizens enrolled to aid them
during a disaster, and all groups, organizations and persons who may, by agreement or
operation of law, including persons pressed into service under the provisions of Section
2.57.070 who shall be charged with duties incident to the protection of life and property in the
City during such disaster, shall constitute the emergency preparedness organization of the
City.
2.57.090 Departments, Divisions, Services and Staff
A. The functions and duties of the City emergency management organization shall be
distributed among such departments, divisions, services and special staff as the City Council
shall prescribe by resolution.
B. Prior to the adoption of resolutions, the Emergency Management Council shall prepare a
plan setting forth the form of organization; establishment and designation of departments,
divisions and services; the assignment of functions, duties and powers; and the designation of
officers and employees; and submit its recommendations to the City Council.
2.57.100 Mutual Aid Agreements
The Mayor shall have the power to sign, on behalf of the City and the Emergency
Management Council, mutual aid agreements with other municipalities, the county and other
governmental subdivisions, which have been approved by the City Council. All previous
mutual aid agreements which have been signed by the Mayor are hereby confirmed and
ratified, provided the same or parts thereof are not inconsistent with this chapter.
2.57.110 Punishment of Violations
It is a misdemeanor punishable as provided in TMC Section 1.08.010 for any person, during a
disaster, to:
1. Willfully obstruct, hinder or delay any member of the emergency management
organization in the enforcement of any lawful rule or regulation issued pursuant to this
chapter or in the performance of any duty imposed by virtue of this chapter.
2. Do any act forbidden by any lawful rules or regulations issued pursuant to this
chapter, if the act is of such a nature as to give or be likely to give assistance to the enemy, or
to encourage or assist in theft of or endanger property of inhabitants of the City, or to prevent,
hinder or delay the defense or protection thereof.
3. Wear, carry or display, without authority, any means of identification specified by
the State Department of Emergency Management.
4. In any manner loot or carry off any items of value during the aftermath of a
disaster.
2.57.120 No Private Liability
No individual, firm, association, corporation or other party, owning, maintaining or controlling
any building or premises who voluntarily and without compensation grants to the City a
license or privilege or otherwise permits the City to inspect, designate and use the whole or
any part or parts of the building or premises for the purpose of sheltering persons during an
actual, impending, mock, or practice disaster, or their successors in interest, or the agents or
employees of any of them, shall be subject to liability for injuries sustained by any person
while in or upon the building or premises for the purpose of seeking refuge therein during an
actual, impending, mock or practice disaster or test ordered by lawful authority. All l "egal
liability for damage to property or injury or death to persons caused by acts done, or attempted,
under color of this chapter and a bona fide attempt to comply therewith, other than acts done
in bad faith, gross negligence, or willful misconduct shall be the obligation of the State of
Washington. The City is immune from liability under this chapter to the fullest extent
allowed by law.
Section 2. REPEALER. Tukwila Ordinance Number 594 as codified at TMC 2.56, is
hereby repealed.
Section 3. SEVERABILITY. If any section, sentence, clause or phrase of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity of any other section, sentence,
clause or phrase of this ordinance.
Section 4. EFFECTIVE DATE. This ordinance, being an exercise of a power specifically
delegated to the City legislative body shall take effect five (5) days after passage and publication
of the ordinance or summary thereof consisting of the title.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular
Meeting thereof this day of 2003.
Steven M. Mullet, Mayor
TUKWILA MUNICIPAL CODE
Chapter 2.56
CIVIL DEFENSE
Sections:
2.56.010 Purpose
2.56.020 Definitions
2.56.030 Civil Defense Council Membership
2.56.040 Council Powers and Duties
2.56.050 Director's Office Created
2.56.060 General Powers of Director
2.56.070 Directors Disaster Powers
2.56.080 Organization Membership
2.56.090 Organization Staff, Divisions and Services
2,56.100 Effect on Current Provisions
2.56.110 Violations Penalty
2.56.010 Purpose
The purposes of this chapter are to provide for the
preparation and carrying out of plans, including mock or
practice drills, for the civil defense of persons and
property within the City in the event of a disaster; and
to provide for the coordination of the civil defense and
disaster functions of the City with all other public
agencies and affected private persons, corporations and
organizations. Any expenditures made in connection
with such civil defense and disaster activities,
including mutual aid activities, and mock or practice
drills, shall be deemed conclusively to be for the direct
protection and benefit of the inhabitants and property of
the City.
(Ord. 594 51, 1969)
2.56.020 Definitions
A. "Civil defense, "as used in this chapter, means
the preparation for and the carrying out of all emer-
gency functions, other than functions for which
military forces are primarily responsible, to prevent,
minimize. and repair injury and damage resulting from
disasters. It does not include, nor does any provision
of this chapter apply to. any condition relating to a labor
controversy.
B. "Disasters," as used in this chapter, means
actual or threatened enemy attack, sabotage. extraor-
dinary fire. flood, storm, epidemic, riot, earthquake or
other similar public calamity.
(Ord. 594 52, 1969)
2.56.030 Civil Defense Council Membership
The Tukwila Civil Defense Council is created and
shall consist of the following:
1. The Mayor, who shall be chairman:
2. The Director of Civil Defense, who shall be
vice chairman:
3. Such City officials and other citizens of this
City as may be appointed by the Mayor with the
advice and consent of the City Council.
(Ord. 594 §3. 1969)
Page 2 -32
2.56.040 Council Powers and Duties
It shall be the duty of the Civil Defense Council.
and it is empowered to review and recommend for
adoption civil defense and mutual aid plans and
agreements. and such resolutions, rules and
regulations as are necessary to implement such plans
and agreements. The Civil Defense Council shall
meet upon call of the chairman or in his absence from
the City or inability to call such meeting, upon the call
of the vice chairman.
(Ord. 594 54. 1969)
2.56.050 Director's Office Created
There is created the office of Director of Civil
Defense. Such officer shall be appointed by the Mayor
with the advice and consent of the Civil Defense
Council.
(Ord. 594 §5(part), 1969)
2.56.060 General Powers of Director
The Director is hereby empowered and directed:
1. To prepare a civil defense operating plan for
the City conforming to the County and State civil
defense plan and program;
2. To control and direct the effort of the civil
defense organization of this City for the accomplish-
ment of the purposes of this chapter;
3. To direct coordination and cooperation
between divisions, services and staff of the civil
defense organization of the City. and to resolve ques-
tions of authority and responsibility that may arise
between them;
4. To represent the civil defense organization
of the City in all dealings with public or private agen-
cies pertaining to civil defense and disaster.
(Ord. 594 55(part), 1969)
2.56.070 Directors Disaster Powers
In the event of disaster as herein provided, the
Director is hereby empowered:
1. To make and issue rules and regulations on
matters reasonably related to the protection of life and
property as affected by such disaster: provided, how-
ever. such rules and regulations must be confirmed at
the earliest practicable time by the Civil Defense
Council;
2. To obtain vital supplies, equipment and
such other properties found lacking and needed for the
protection of the life and property of the people, and
bind the City for the fair value thereof; and if required
immediately, to commandeer the same for public use:
3. To require emergency services of any City
officer or employee and. in the event of a proclamation
by the Governor of the existence of a disaster, to
command the aid of as many citizens of this commu-
nity as he considers necessary in the execution of his
duties; such persons shall be entitled to all privileges.
Printed January 14, 2003
benefits and immunities as are provided by State law
for registered civil defense workers;
4. To execute all of the special powers con-
ferred upon him by this chapter or by resolution
adopted pursuant thereto, all powers conferred upon
him by statute, agreement approved by the Civil
Defense Council, or by another lawful authority:
5. To requisition. necessary personnel or
material of any City department or agency.
(Ord, 594 §6, 1969)
2.56.080 Organization Membership
All officers and employees of the City, the civilian
police reserve, volunteer fire department, and other
volunteer groups registered as civil defense workers
with the civil defense organization, together with those
volunteer forces enrolled to aid them during a disaster,
and all groups, organizations and persons who may by
agreement or operation of law, including persons
pressed into service under the provisions of TMC
2.56.070 -3, charged with duties incident to the
protection of life and property in the City during
disaster, shall constitute the civil defense organization
of the City.
(Ord. 594 §7, 1969)
2.56.090 Organization Staff, Divisions and
Services
The functions and duties of the civil defense
organization shall be distributed among such divisions,
services and special staff as the Civil Defense Council
shall prescribe.
The Civil Defense Council shall, concurrently
with the adoption of the ordinance codified herein,
prescribe the form of organization, establishment and
designation of divisions and services, the assignment of
functions, duties and powers, and the designation of
officers and employees. Insofar as possible, the form of
organization, titles and terminology shall conform to the
recommendations of the federal government and the
Department of Civil Defense of the State of
Washington.
(Ord. 594 §8, 1969)
2.56.100 Effect on Current Provisions
It is the intent of the City Council in enacting this
chapter that it shall be considered a revision and con-
tinuation of the ordinance repealed by the ordinance
codified herein, and the status of volunteers shall not
be affected by such repeal; nor shall civil defense
mutual aid plans and agreements, rules and regulations
or resolutions adopted pursuant to such repealed
ordinance be affected by such repeal until amended,
modified, or superseded as provided in this chapter
(Ord. 594 §10(part). 1969)
Printed January 14, 2003
TITLE 2 ADMINISTRATION AND PERSONNEL
2.56.110 Violations Penalty
It shall be a misdemeanor, punishable by a fine not
to exceed $250.00, or by imprisonment for not to
exceed three months. or both, for any person during a
disaster:
1. To willfully obstruct, hinder or delay any
member of the civil defense organization in the
enforcement of any lawful rule or regulation issued
pursuant to this chapter, or in the performance of any
duty imposed upon him by virtue of this chapter.
2. To do any act forbidden by any lawful
rules or regulations issued pursuant to this chapter, if
the act is of such a nature as to give, or be likely to give,
assistance to the enemy; or to imperil the lives or
property of inhabitants of this City; or to prevent.
hinder or delay the defense or protection thereof.
3. To wear, carry or display, without author-
ity, any means of identification specified by the State
Department of Civil Defense.
(Ord. 594 §9. 1969)
Page 2 -33
Finance and Safety Committee
May 5, 2003
Present: Joe Duffle, Chair; Joan Hernandez, Richard Simpson
Keith Haines, Nick Olivas, Bob Noe, Alan Doerschel, Rhonda Berry, Lucy
Lauterbach, Jim Morrow, Viki Jessop
1. Ordinance Creating Emergency Management Organization State law dictates that
Tukwila adopt an emergency operations plan, and Jim has many of the pieces needed to do so
already. Though Tukwila has a current plan, it is out of date and does not meet the state law.
One of the things being added is an incident command structure, with provisions for replacement
of key figures needed in any emergency. Each department will have duties and staff assigned for
an emergency. The Public Works Director will be the Director of Emergency Services. Jim M
said and Nick underscored the importance of joining the King County Regional Emergency
Operations group. Joan asked about mutual aid but was told that although there is a plan for that,
in a regional disaster, there won't be too much mutual aid. Recommend ordinance to COW
and Council.
2. Mutual Aid and Mobilization Plan Keith presented a plan for a Police Emergency Mutual
Aid and Mobilization. He said it was modeled on the Fire Department's plan. This is a statewide
program to promote mutual aid among cities throughout the whole state. All cities are
considering this now and the Washington Sate Association of Sheriffs and Police Chiefs hopes to
have it adopted by cities by June. This will be included in the Larger city emergency plan. One of
the provisions is to have a Public Information Officer (PIO) who would coordinate public
information going out to the community and region. Another thing it would do is allow Tukwila
or another suburban police officer called in to help in a Seattle disturbance, the ability to arrest a
Seattle resident while they are assisting Seattle in a police response. Joan asked about funding,
and the importance of homeland defense funds. Nick said the King County group will be getting
some homeland defense money, which is one good reason to belong. Recommend Plan
adoption to COW and Council.
3. King County Animal Control King County has sent a draft interlocal agreement for
additional animal control services for Tukwila. Last fall they told the City the rate for this special
service was increasing from $28/hour, which it has been since 1994, to $60/hour, which is the
current cost of the service. They would like that rate to be retroactive to the first of the year, as
we have presumably been getting 12 hours of service per week. The committee questioned
whether the city has received all 12 hours per week for the past four months. Several people
who are out in the community regularly have not been seeing the trucks as they once did. The
committee asked to have some assurances that the service was being received if they did decide
to pay the higher rate. They asked for a schedule possibly including momings or afternoons
when the extra service would be, and some accounting to assure the officers are spending time in
Tukwila. The committee also asked for a summary of the calls from Tukwila when KC is
responding to a request for help. Joe wanted to know how many citations were given in Tukwila.
Though $30,000 is budgeted in 2003, the amount would be doubled for the rest of the year once
the interlocal is signed. For a whole year the addition would be $37,000, but it will actually be
less since the committee recommended not paying the higher rate before the contract is signed.
The committee also wanted an easier way to get hold of animal control. Rhonda and Lucy will
work with Animal Control before the next meeting. Reschedule.
CAS Number: 03-064
Meeting Date
5/12/03
Committee:
COUNCIL AGENDA SYNOPSIS
Meeting Date
May 12, 2003
03 -06'+
Finance and Safety
Prepared by
Chief K. Haines
Initials
Mayor 's review
ITEM INFORMATION
Original Agenda Date: 5/12/03
Agenda Item Title: Interlocal Agreement For The Valley Special Response Team
Original Sponsor: Council Admin. XI
Timeline.
Sponsor's Summary: Our Police Department has been a full partner along with Renton P.D, Auburn P.D., Kent
P.D., and the Port of Seattle P.D. in the Valley Special Response Team.. This successful
combined S.W.A.T. team expanded to include the Federal Way Police Department which
means a need for a revised interlocal aereement.
Recommendations: Approve, sign, and ratify the Proposed Interlocal Cooperative Agreement
Sponsor: Chief Keith Haines
Administration:
Cost Impact (if known): Continue to support the team financially as planned and approved in the 2003 Budget
Fund Source (iflmown): General Fund
e c. f
<RECORD COUNCIL ACTION=
Meeting Date Action
5/12/03
APPENDICES
Attachments
Memo to F&S Committee dated April 1, 2003
Interlocal Cooperative Agreement
F&S Committee minutes dated 4/21/03
Council review
ITEM No.
MEMORANDUM
TO: Finance and Safety Committee
Through the Mayor's Office
FROM: Chief Keith Haines
DATE: April 1, 2003
SUBJECT: Valley S.R.T. Interlocal Cooperative Agreement
I am requesting that you approve the attached, new interlocal cooperative agreement for
our Valley S.R.T. (Special Response Team). This new agreement has been reviewed and
approved by our City Attorney and by the attorneys representing all of the Valley S.R.T.
jurisdictions. This latest version of the agreement includes Federal Way as a partner in
Valley S.R.T. I plan to be present at your next meeting to answer questions.
cc: File
INTERLOCAL COOPERATIVE AGREEMENT BETWEEN AUBURN,
FEDERAL WAY, KENT, RENTON, TUKWILA, AND THE PORT OF
SEATTLE, FOR CREATION OF THE
I. PARTIES
II. AUTHORITY
III. PURPOSE
VALLEY SPECIAL RESPONSE TEAM
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.
This Agreement is entered into pursuant to Chapters 10.93, 39.34, and 53.08 of the
Revised Code of Washington.
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 equipment, improved
VALLEY SPECIAL RESPONSE TEAM 1
OPERATIONAL AGREEMENT
2
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
3
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
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
S
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 Wronaful Conduct Beyond the Scooe of Emolovment.
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
sole responsibility of the person or jurisdiction that employs the person
against whom such award is rendered.
C. Collective Reoresentation 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
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
0
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
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
VALLEY SPECIAL RESPONSE TEAM 8
OPERATIONAL AGREEMENT
Committee chair approval
Finance and Safety Committee
April 21, 2003-
Present: Joe Duffle, Chair; Jim Haggerton, Richard Simpson
Keith Haines, Rhonda Berry, Lucy Lauterbach; Dennis Robertson
1. Valley Special Response Team Interlocal Although the City had already passed an
interlocal for the Valley Special Response Team, a new Interlocal is needed because Federal
Way is joining the team. The interlocal is largely the same, except the section on liability has
changed because Federal Way has a different insurance than the rest of the team members. The
city attorneys of the five other jurisdictions are also reviewing this Agreement. Keith said the
Valley Special Response team has helped with situations here in Tukwila. The Team Captain
this year is Mike Villa from Tukwila. It is he who decides when the Team is needed somewhere.
Jim H asked if Sea Tac was interested in joining. Keith said they use King County sheriffs and
don't have a police force of their own. The team did ask the sheriff if they wanted to join. It
didn't work out then, but may work out in the future. Recommend interlocal agreement to
COW.
2. First Ouarter Renorts The committee reviewed the Police reports. Keith said with the
Orange alert recently, the force had been busy. He said it's important that they coordinate with
neighboring jurisdictions. Investigations is training in the new Regional Automated Information
Network. Since Tukwila has helped Seattle police, it will be easy to get help from them if
needed. There are currently 69 commissioned officers, with 3 commissioned and 1 non-
commissioned person out on military leave. To meet city budget goals the force may be reduced
to 68 officers. In the mayor's office, Dennis asked what would happen if Tukwila Village
money was not paid back next year. In Human Services, Rhonda said there have been more
requests for food, housing, and job placement. The committee asked about adult entertainment
and the cost of legal challenges to that. Reschedule.
3. Next Meeting At the next meeting there will be a Mutual Aid Response agreement. Besides
following up the first quarter reports, the committee will want a report from Alan D on the 412
Surface Water and the 303 Facilities funds. Information.
CAS Number: 03-065
Meeting Date
5/12/03
Statewide Law Enforcement Emergency Mutual Aid and Mobilization
Original Sponsor: Council Admin X (P.D. Admin)
I Timeline:
Sponsor's Summary: The Washington State Association of Sheriffs and Police Chiefs (WASPC) has developed a Washington
State Law Enforcement Mutual aid/Mobilization Plan. This plan will help facilitate a coordinated
response of police resources in our state to any emergency situation for the protection of life and
property when local resources become overwhelmed. As a part of this plan each jurisdiction is being
requested to sign and ratify the attached Interlocal Cooerative Agreement to provide mutual aid and
mobilization between the many jurisdictions of King County.
Recommendations:
Sponsor: Forward to 5/19 Regular Meeting for formal approval.
Committee: Finance and Safety Forward to COW for discussion and Regular Meeting for approval.
Administration:
Cost Impact (if known):
Fund Source (if known):
Meeting Date
5/12/03
COUNCIL AGENDA SYNOPSIS
Prepared by
K. Haines
ITEM INFORMATION
Mpyor's review 1 Council review
KtYI 02c_
Original Agenda Date: 5/12/03
RECORD OF COUNCIL ACTION
APPENDICES'
Attachments
Memo from Chief Haines dated April 28, 2003
Interlocal Agreement and Addendum "A"
F &S Committee Minutes dated 5/5/03
Initials ITEM NO.
MEMORANDUM
City Of Tukwila Steven M. Mullet, Mayor
Police Department Keith E. Haines, Chief of Police
An Accredited Agency
TO: Tukwila's Finance and Safety Committee
Via- Mayor Steve Mullet's Office
FROM: Chief Keith Haines
DATE: April 28, 2003
SUBJECT: Statewide Law Enforcement Emergency Mutual Aid and Mobilization Plan
ISSUE:
Local police resources can be quickly overwhelmed in a severe emergency or terrorist attack.
While police departments have had mutual aid agreements in place for several years, there has
never been a statewide policy for mutual aid and subsequent cost recovery. The Washington
State Association of Sheriffs and Police Chiefs has taken the lead on developing the
Washington State Law Enforcement Mutual Aid/Mobilization Plan, hereinafter referred to as
the Plan.
BACKGROUND:
The Emergency Management Division, State Military Department will use the plan as the basis
for mobilization of police service resources in Washington State in response to major law
enforcement incidents or other critical events. It should provide the framework for developing
legislation and funding resources when mobilization occurs.
This Plan was created for three purposes:
To facilitate a coordinated response of police resources in Washington State to any emergency
situation for the protection of life and property when local resources become overwhelmed.
To describe the process for mobilization of police resources in Washington State in response to
a law enforcement incident or other critical event that overwhelms local and mutual aid
resources. This plan should also be used to mobilize fill -in resources to support communities,
which have expended their resources at emergency scenes.
6200 Southcenter Blvd. Tukwila, WA 98188 Phone: (206) 433 -1808 Admin. Fax: -(206) 244 -6181; Invest. Fax: -(206) 431 -3688
To provide an educational tool for all police service and other emergency response personnel to
familiarize them with the state and regional mobilization system. This plan is being distributed
to all county sheriffs, police departments, state and federal law enforcement agencies, fire
chiefs, fire agencies and local emergency management agencies.
Recent history has shown this to be a time of civil unrest, global terrorism and natural
disasters. As policing becomes more complex and the demands on local police become greater
it has become imperative to develop and formalize a Statewide Plan for Mutual Aid and
Mobilization.
There currently is no system in place to identify costs associated with a mutual aid response
and no state funding to pay for those costs. The Washington Association of Sheriff's and
Chiefs of Police have agreed to develop this plan for the state and then to present it to the
Washington State Legislature for consideration and adoption. WASPC envisions that this
mobilization plan will be modeled after to the current statewide plan for fire service in our
state.
In a broader context, the United States Government has indicated in its "First Responder
Initiative Grant Process" that local jurisdictions must have a plan for emergency response and
be participants in mutual aid agreements, including a statewide mutual aid system. This
proposed plan would meet those requirements and enable the City of Tukwila to avail itself of
those grants if needed.
RECOMMENDATION:
That our City Council ratify the attached agreement and authorize our Mayor to sign this
Interlocal Agreement Cooperative Agreement to provide law enforcement mutual aid and
mobilization between the many jurisdictions of King County.
INTERLOCAL COOPERATIVE AGREEMENT
TO PROVIDE LAW ENFORCEMENT MUTUAL AID AND MOBILIZATION
BETWEEN THE CITIES OF KING COUNTY, UNIVERSITY OF WASHINGTON
POLICE, AND KING COUNTY
1. DATE OF AGREEMENT AND PARTIES. This agreement, dated the first day of June
2003 for reference purposes only, is entered into by the undersigned municipal
corporations or towns organized or created under the laws of the State of Washington,
the University of Washington Police Department, and the King County Sheriff's Office.
2. AUTHORITY FOR AGREEMENT. This Agreement is entered into as an interlocal
agreement pursuant to the Interlocal Cooperation Act as codified in Chapter 39.34 of
the Revised Code of Washington, specifically RCW 39.34.080.
3. PURPOSE OF THE AGREEMENT Each party has the power, authority and
responsibility to provide police protection for its citizens within its boundaries. On
occasion, the demand for law enforcement services within a jurisdiction may exceed
that department's ability to respond in a timely manner. When that occurs, the police
department or departments of other jurisdictions may be capable of providing backup
law enforcement services. In order to fulfill their respective obligations to their
citizens, the parties desire to provide backup law enforcement services to each other
under the terms and conditions set forth below.
4. MUTUAL AID LAW ENFORCEMENT SERVICES. Each party will to the best of its
ability, furnish mutual aid law enforcement services to, and at the request of, any other
party whose police department is taxed beyond its ability to respond, and render law
enforcement services in a timely manner. Each jurisdiction shall confer police authority
on those police officers from other jurisdictions providing mutual aid law enforcement
services and enforcing the requesting jurisdiction's ordinances. The mutual aid officers
shall proceed at the direction of the requesting department's police chief or sheriff or
their designee. The responding department maintains the discretion to determine
whether its own police department will not or cannot provide the requested mutual aid
services. The responding department also maintains the discretion to determine at any
time during the response that it may stop providing assistance. Upon determining that it
will not respond or that it will stop assisting, the department shall immediately notify
the requesting department of the change in mutual aid law enforcement services
provided. The responding department shall be the sole judge of its ability to respond or
to remain, and assumes no liability for declining to respond or for leaving.
5. SERVICES INCLUDED. For purposes of this Agreement, mutual aid law enforcement
services shall mean supplemental response to assist at least one officer from the primary
agency. Such services will typically be of a first responder type of service such as
patrol response. Response protocols for this Agreement are outlined in "Addendum A
6. TERM. This Agreement shall be effective on June 1, 2003 for one (1) year, regardless
of the date of execution and shall be automatically renewed on May 31 of each
successive year. Any party may terminate its participation in this Agreement by giving
60 days notice of termination to all participating parties hereto.
7. INDEPENDENT CONTRACTOR. The parties acknowledge and agree that in the
performance of this Agreement, they are acting as independent contractors and not as
agents of each other.
8. INDEMNITY AND HOLD HARMLESS. Each jurisdiction which is a party to this
Agreement hereby agrees to accept liability for any act, error or omission of its own
employees of whatever kind and nature and from whatever cause arising out of or
connected with the performance of this Agreement, and to indemnify and hold the other
jurisdictions and their employees harmless from any such liability, claim, or cause of
action, including amounts arising out of the performance, by that jurisdiction's
employees, of this Agreement. All liability for salaries, wages and other compensation
of law enforcement officers shall be that of their respective employers.
9. GOVERNING BODY. This Agreement shall be administered by a joint board, which
consists of the police chief of each named jurisdiction and the King County Sheriff.
Administration of this Agreement includes, but is not limited to, (1) each participant
identifying the resources available to aid participating jurisdictions; (2) review of the
response protocols (Addendum A); and (3) participation in the Regional and/or State
Mobilization efforts. A quorum of the membership is necessary for any modification of
the mobilization plan. Meetings may be called upon the request of any 3 board
members with 30 days minimum notice.
10. COUNTERPARTS. This Agreement shall be signed in counterparts and, if so signed,
shall be deemed one integrated agreement.
11. MODIFICATION. The parties may amend, modify, or supplement this Agreement
only by written agreement executed by all the parties hereto.
12. MERGER AND ENTIRE AGREEMENT. This Agreement merges and supersedes all
prior negotiations, representations and/or agreements between the parties relating to the
subject matter of this Agreement and constitutes the entire contract between the parties.
Signature page immediately following
INTERLOCAL COOPERATIVE AGREEMENT
TO PROVIDE LAW ENFORCEMENT MUTUAL AID AND MOBILIZATION
BETWEEN THE CITIES OF KING COUNTY, UNIVERSITY OF WASHINGTON
POLICE, AND KING COUNTY
CITY OF Algona
By:
CITY OF Bellevue
By:
CITY OF Bothell
By:
CITY OF Carnation
By:
CITY OF Covington
By:
Date
Date
Date
Date
Date
SIGNATURE PAGE
CITY OF Aubum
By:
Date
CITY OF Black Diamond
By:
Date
CITY OF Burien
By:
Date
CITY OF Clyde Hill
By:
Date
CITY OF Des Moines
By:
Date
CITY OF Duvall CITY OF Enumclaw
By: By:
Date Date
CITY OF Federal Wav CITY OF Issaquah
By:
CITY OF Kenmore CITY OF Kent
By:
CITY OF Kirkland
By:
By:
Date Date
Date
Date
CITY OF Maple Valley CITY OF Medina
By:
Date
CITY OF Mercer Island CITY OF Newcastle
By:
By:
By:
Date
CITY OF Normandy Park
By:
Date
Date
Date
By:
CITY OF Lake Forest Park
By:
Date
By:
By:
CITY OF North Bend
By:
CITY OF Pacific CITY OF Redmond
By:
CITY OF Renton CITY OF Sammamish
By:
Date
Date
Date
Date
Date
Date
CITY OF SeaTac CITY OF
By: By:
Date
CITY OF Seattle CITY OF Shoreline
By: By:
Date
CITY OF Snoaualmie CITY OF Tukwila
By: By:
Date
CITY OF Woodinville CITY OF
By: By:
Date
County of King Port of Seattle
By:
David G. Reichert Date
King County Sheriff
County of King Airport Police
By:
Ron Griffin Date
KC Airport Police Chief
University of Washington Police
By:
Weldon Ihrig Date
Executive Vice President
Date
Date
Date
Date
By:
T. M. Kimsey Date
Chief of Police
I. Authority
ADDENDUM "A"
KING COUNTY MUTUAL AID
RESPONSE PROTOCOLS
FOR LAW ENFORCEMENT
All parties to the King County Mutual Aid Agreement will ensure a process is
established to commit manpower and resources.
II. Reauest For Mutual Aid
1. In the event of major disorder or other law enforcement operation the first law
enforcement resources to be used shall be those of the primarily responsible
agency. In the event that such resources are inadequate to control the situation
by the primarily responsible agency, or there is a need for a specialized unit, a
request for mutual aid under this plan will be made directly to an assisting
agency. Such requests for assistance shall, if possible, specify the number of
police officers and types of equipment required, where and to whom such
officers are to report, and where and to whom the equipment should be
delivered.
2. Rendering assistance under the terms of this agreement shall not be
mandatory, except that if assistance can't be rendered, the requestee should
immediately inform the requestor if, for any reason, assistance can't be
rendered. It is understood that consideration as to whether assistance can be
provided or not must be determined by the requestee.
3. In the event of mobilization under this agreement, the primarily responsible
agency shall assume incident command, unless the primarily responsible
agency specifically requests that a different law enforcement agency fulfill
this responsibility, or unless the scope of the problem is multi jurisdictional,
in which case a unified command shall be established. This shall include
directing the assignment of all personnel and equipment. The assignment of
duties to officers of assisting agencies shall be made by the incident
commander of the primary responsible agency unless that responsibility is
delegated to a different law enforcement agency as indicated above.
4. The primary responsible agency shall have the responsibility of establishing a
command post and notifying all assisting agencies at the earliest possible time
of its location. The Incident Commander shall establish a- command post in
such a manner as to provide an area suitable for the staging and directing of
all resources.
1
Arrests
Arrest policies will be determined by the Incident Commander in charge of the
event. Transportation of prisoners to jail facilities will be coordinated by the
Incident Commander.
The primarily responsible agency will be responsible for providing supplies that
are reasonably needed to sustain the responding officers in enforcing the law and
maintaining order. Each agency will be responsible for any repairs and/or
damages done to their own vehicles as a result of participation in mutual aid.
III. Insurance
No signatory shall be held liable to another signatory for damages, loss of
equipment, injury to personnel, or payment of compensation arising as a result of
assistance rendered under the terms of this agreement.
IV. Commissions Authority
Full -time, paid, commissioned officers who are responding to any call for mutual
aid shall be automatically commissioned by virtue of the mutual aid agreement,
through the commissioning authority of the primarily responsible agency and,
therefore, shall be empowered to exercise the same police authority during the
time of the mutual aid as though they were full -time commissioned officers of the
primarily responsible agency. This provision shall apply whether the mutual aid
request is of:
(a) A formal nature between department heads;
(b) A less formal nature through agreement of watch commanders or shift
supervisors; or,
(c) When the officers of one jurisdiction cross jurisdiction boundaries to
aid or assist the officers of another jurisdiction signatory to this
agreement.
If signatory agencies have reserve officers or part -time officers, in addition to
full -time paid, commissioned officers, they shall normally be exempt from the
automatic commissioning, except those reserve officers working under the
immediate supervision of a full -time officer. Reserve or part-time officers may be
extended automatic commissioning at the direction of the department head who
requests mutual aid, PROVIDED HOWEVER, that such determination should be
worked out in advance among the heads of the signatory agencies.
V. Command
The underlying principle of mutual aid is that other agencies are serving as a
resource to another agency's request. Therefore, the Chief of Police or his/her
designee (Sergeant, Lieutenant, Captain, etc.) of the requesting agency maintains
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incident command and is aided by those resources sent in response to this request
for aid. In the event that the emergency is of such a nature that it exceeds the
individual jurisdictional boundaries, a unified command shall be established until
the mutual aid situation ceases to exist and operations return to normal
boundaries.
Whenever significant resources from other agencies must be mobilized and
brought into a jurisdiction in order to resolve a given problem, even when the
scope of the problem is such that it is physically contained within the boundaries
of the specific single jurisdiction requesting mutual aid, it is expected that an
appropriate incident command staff be developed and that the senior staff officers
responsible for the mutual aid assets will fill roles within the incident command
structure. Successful mutual aid operations must be based upon professional
respect and also upon acknowledgement of the fact that the Incident Commander
in charge also is responsible and legally liable for his decisions and actions. It
must also be borne in mind that those in charge of mutual aid assets are still free
to accept or refuse to carry out requests requiring specific missions, which would
utilize and exhaust the assets for which they are responsible.
VI. Control
While the question of technical command and responsibility is one, which
requires specific designation of an Incident Commander, the exercise of control
over responding mutual aid units and combinations of units brings up an entirely
different set of concerns. Wherever possible, the supervisor or staff officer in
charge of a group of responding units from an assisting agency would report to
the Incident Commander as liaison and be assigned to specific tasks or missions,
for which he /she would use his own departmental personnel. NOTE: Because of
the possibility that reserve officers will be used in many responses to requests for
mutual aid, it is important to establish and record their presence and to verify the
fact that they are certified reserves within the scope of the definition of the "Peace
Officer Powers Act," and have met the requirements established by the
Washington Criminal Justice Training Commission. Reserve officers should
generally work under supervisors or regular officers from their own agencies, but
under some circumstances (depending on the scope of the operation), might be
configured into a special reserve contingent for handling special assignments such
as roadblock, evacuation, fixed -point traffic control, etc.
VII: Press Relations
It shall be the responsibility of the requesting agency in conjunction with the
Incident Commander to establish a press area and to assign a public information
officer to handle immediate inquires during any given incident. All releases of
information through the public information function should be approved by the
Incident Commander.
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VIII. Record Keening
It shall be the responsibility of the Incident Commander to establish a Planning
and Intelligence Section. The Planning and Intelligence Section will keep an
accurate log of what mutual aid agencies, personnel and vehicles are involved in
the emergency, and during what periods, along with the assignments, which they
were given and any actions, which they took. A formal written Incident Action
Plan and After Action Report will be completed by the Planning and Intelligence
Section and the requesting agency following the incident.
The King County Chiefs Association through the Regional Operations Committee
shall annually update and review plans and policies, and make recommendations
for change.
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Finance and Safety Committee
May 5, 2003
Present: Joe Duffle, Chair; Joan Hernandez, Richard Simpson
Keith Haines, Nick Olivas, Bob Noe, Alan Doerschel, Rhonda Berry, Lucy
Lauterbach, Jim Morrow, Viki Jessop
1. Ordinance Creating Emergency Management Organization State law dictates that
Tukwila adopt an emergency operations plan, and Jim has many of the pieces needed to do so
already. Though Tukwila has a current plan, it is out of date and does not meet the state law.
One of the things being added is an incident command structure, with provisions for replacement
of key figures needed in any emergency. Each department will have duties and staff assigned for
an emergency. The Public Works Director will be the Director of Emergency Services. Jim M
said and Nick underscored the importance of joining the King County Regional Emergency
Operations group. Joan asked about mutual aid but was told that although there is a plan for that,
in a regional disaster, there won't be too much mutual aid. Recommend ordinance to COW
and Council.
2t 2 Mutual Aid and Mobilization Plan K eith presented a pla for a Police Emergency Mutual
Aid and Mobilization. He said it was modeled on the Fire Department's plan. This is a statewide
program to promote mutual aid among cities throughout the whole state. All cities are
considering this now and the Washington Sate Association of Sheriffs and Police Chiefs hopes to
have it adopted by cities by June. This will be included in the larger city emergency plan. One of
the provisions is to have a Public Information Officer (PIO) who would coordinate public
information going out to the community and region. Another thing it would do is allow Tukwila
or another suburban police officer called in to help in a Seattle disturbance, the ability to arrest a
Seattle resident while they are assisting Seattle in a police response. Joan asked about funding,
and the importance of homeland defense funds. Nick said the King County group will be getting
some homeland defense money, which is one good reason to belong. Recommend Plan
adoption to COW and Council.
3. King County Animal Control King County has sent a draft interlocal agreement for
additional animal control services for Tukwila. Last fall they told the City the rate for this special
service was increasing from $28 /hour, which it has been since 1994, to $60/hour, which is the
current cost of the service. They would like that rate to be retroactive to the first of the year, as
we have presumably been getting 12 hours of service per week. The committee questioned
whether the city has received all 12 hours per week for the past four months. Several people
who are out in the community regularly have not been seeing the trucks as they once did. The
committee asked to have some assurances that the service was being received if they did decide
to pay the higher rate. They asked for a schedule possibly including momings or afternoons
when tile extra service would be, and some accounting to assure the officers are spending time in
Tukwila. The committee also asked for a summary of the calls from Tukwila when KC is
responding to a request for help. Joe wanted to know how many citations were given in Tukwila.
Though $30,000 is budgeted in 2003, the amount would be doubled for the rest of the year once
the interlocal is signed. For a whole year the addition would be $37,000, but it will actually be
less since the committee recommended not paying the higher rate before the contract is signed.
The committee also wanted an easier way to get hold of animal control. Rhonda and Lucy will
work with Animal Control before the next meeting. Reschedule.
HAZMAT
Operations
Chief
—I Entry
Back-up
Decon
Fire
EMS
—I Staging
Planning
Chief
Incident Command Structure
Incident Commander I
Safety Officer I I PIO
Command Staff I -I Command Staff
Liaison
Command Staff El
Logistics
Chief
H Technical Support I
1 Service Branch 1 I Support Branch
I
H Resources I
I Situation 1 H Communications I
--I Demobilization I H Medical 1 I
--I Documentation I Food I —I Ground Support I
1
Supplies
Facilities
Finance
Chief
Time Unit
Procurement I
H Compensation I
Cost Accounting I
TUKWILA CITY COUNCIL
TUKWILA SCHOOL DISTRICT BOARD OF DIRECTORS
JOINT MEETING -DRAFT AGENDA
1. Tukwila International Boulevard Construction
2. Starfire /Fort Dent Proposal
3. Sister City Planning Visit 2005
4. Building Bridges Proposal
5. Football Stadium Progress/Proposal
6. Tukwila School Buses
7. Administration Building
8. Discussion - Tukwila Schools Collaboration Report
From Lucy Lauterbach
Received 5/12/03