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HomeMy WebLinkAbout5056 RESOLUTION NO. 5 0 5 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT BY AND BETWEEN THE CITY OF AUBURN AND THE MUCKLESHOOT INDIAN TRIBE FOR POLICE SERVICES WHEREAS, the City of Auburn has portions of its corporate boundaries that are located within areas of the reservation of the Muckleshoot Indian Tribe; and WHEREAS, currently, in connection with violations of law occurring in all areas of the City, the City Police are engaged in and are responsible for law enforcement activities, and WHEREAS, the Muckleshoot Indian Tribe, however, is also engaged in law enforcement activities, particularly those activities occurring in areas of the reservation located outside of the City of Auburn; and WHEREAS, the Muckleshoot Indian Tribe wishes to be more responsive to the needs of its tribal members and be more engaged in law enforcement activities in all areas of the reservation concerning its tribal members; and WHEREAS, the City and the Tribe have developed an agreement whereby coordination and cooperation between the Tribe and the City law enforcement teams can occur so as to allow the Tribe to be more responsive to the law enforcement needs of its tribal members. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows. Section 1. That the Mayor and City Clerk are hereby authorized to execute an Agreement Between the City of Auburn and the Muckleshoot Indian Tribe Relating to --------------------------- Resolution No. 5056 March 20, 2014 Page 1 of 2 Law Enforcement Services, which agreement shall be in substantial conformity with the agreement attached hereto marked as Exhibit A and incorporated herein by this reference Section 2. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon Dated and Signed this day of — 2014 CITY OF AUBURN ANCY <US, MAYOR ATTEST. I&Q&'9� Danielle E. Daskam, City Clerk APPROVED AS TO FOR &VjW niel B Held, City Attorney ---------------------------- Resolution No 5056 March 20, 2014 Page 2 of 2 EXHIBIT "A" AGREEMENT BETWEEN THE CITY OF AUBURN AND THE MUCKLESHOOT INDIAN TRIBE RELATING TO LAW ENFORCEMENT SERVICES This is an Agreement between the City of Auburn, a municipal corporation of the State of Washington, hereinafter referred to as "Auburn" or "Citv," and the Muckleshoot Indian Tribe, a federally-recognized Indian tribe, hereinafter referred to as the "Tribe." WFIEREAS, the Tribe has criminal jurisdiction over Indian persons who commit crimes within the boundaries of the Muckleshoot Reservation, hereinafter referred to as "Reservation", and, WHEREAS, Auburn has authority to enforce State criminal laws of general applicability against Indian persons committing crimes within that portion of Auburn located within the boundaries of the Reservation, and, WHEREAS, the Tribe desires to contract with Auburn to add an additional officer in those portions of Auburn located within the Reservation where such services would be in addition to and not supplant those existing law enforcement services already provided by Auburn on the Reservation in the absence of this Agreement, and the Tribe has the authority pursuant to its Constitution to contract with Auburn for such additional services: and WI-11"REAS, Auburn provides law enforcement services to persons residing on or present within that portion of Auburn located within the Reservation as part of Auburn's basic level of law enforcement services; and WHEREAS, through this Agreement Auburn is able to provide an additional law enforcement officer that will provide additional police services on the Reservation that resides within the jurisdictional boundaries of Auburn and the City has authority pursuant to RC W 30.34 to contract with the Tribe to provide such services. NOW. TI IEREFOPE, the Tribe and Auburn hereby agree 1 Law Enforcement Services. I 1 Base Level Services. Auburn currently provides a patrol officer whose primary patrol responsibilities include providing police services to District 6 District 6 is within Auburn's jurisdictional boundaries and includes land areas within the Muckleshoot Reservation land. In addition thereto, this Agreement provides for law enforcement services beyond the Base Level Services, as defined herein. Base Level Services typically include, but are not limited to Communication Services. E-911. Communications service, including all call receiving, dispatching, and report taking, and Page 1 Dispatched Calls for Service. Provide, when available, a police response to 911 calls for service to enforce City. County and State laws and ordinances: and Support Services. Support services generally include, but are not limited to, crime investigation and analysis, drug enforcement, major accident response and reconstruction, and vice control, and Special Services. Special Operation services such as canine patrol, hostage negotiations, tactical unit, and traffic enforcement. 1 .2 Additional Law Enforcement Services. The City currently provides one officer to District 6 for Base Level Services, as described in Section 1.1 above. Pursuant to the terns of this Agreement the City of Auburn will provide the Tribe with one additional law enforcement officer ("Additional Officer") to the Tribe whose primary responsibility will be dedicated to patrolling those portions of Auburn located within the Reservation. The Additional Officer will at all times remain an employee of the City under the direct command and control of the Auburn Chief of Police however; the Tribe shall direct daily patrol and work assignments from the Tribal Chief of Police. The Additional Officer will work a patrol schedule determined by the Tribal Chief of Police in accordance with any labor agreements in place with the Auburn Police Officers Guild. The purpose of this Additional Officer is to increase the police coverage on the Reservation and during the term of this Agreement the City agrees that it will not count the Additional Officer towards any current minimum staffing levels for District 6, but Will be at all times in addition to that minimum staffing already in place. The City of Auburn will make all personnel decisions regarding the Additional Officer The City will work with the Muckleshoot Chief and provide the Tribe an opportunity to comment on employment issues with the Additional Officer. The City shall make all final decisions regarding the Additional Officer including annual performance evaluations, promotional opportunities, disciplinary matters and the Additional Officer shall remain at all times subject to the Auburn Police Department's Manual of Standards and City's Administrative Policies and Procedures. The Tribe shall participate in the selection process as set out in section 3 below The Additional Officer's duties are the same as that of a general police officer patrolling on reservation land and shall include but not be limited to providing general law enforcement services/911 response; providing crime prevention and investigation, analysis and training to the tribal community. Community policing may also include block watch or community action programs: problem solving crime and disorder problems within the tribal community; interaction with and mentoring of tribal youth; Page 2 providing special emphasis to community concerns; and building partnerships with community members with the goal of preventing future crime. In order to further the purposes of this Agreement the Tribe may provide office space for the Additional Officer, and a telephone and telephone service. The Additional Officer will at all times operate under the Auburn Police Department's Manual of Standards and Policy and Procedures. While it is the purpose to provide additional law enforcement services on the Muckleshoot Reservation the parties recognize that the Additional Officer may be called upon to respond to emergency calls originating from other portions of Auburn or from parts of the Reservation outside of Auburn. It is understood by both Parties that the primary role of the Additional Officer is to patrol Tribal Lands located within the jurisdictional boundaries of'the City of Auburn and any request for service that takes the Additional Officer outside of the Tribal Reservation should be temporary and of short duration and upon conclusion of any calls outside of the tribal reservation boundaries the Additional Officer shall report their status to the Muckleshoot Chief 1.3 Prosecution of Criminal Cases. The City of Auburn prosecutes misdemeanors, gross misdemeanors, and other non-felony offences occurring in those parts of the Reservation located within the corporate boundaries of the City of Auburn in the court of limited jurisdiction authorized to hear City of Auburn cases. All persons cited for violations occurring within the portion of the City of Auburn located within the Reservation shall be initially referred to the City's prosecutor for processing. Provided that if violators so referred are determined to be enrolled members of the Muckleshoot Indian Tribe or members of another federally recognized Indian tribe and the offense is one prosecutable under Muckleshoot law, those individuals shall be transferred to the Muckleshoot Indian Tribe Tribal Court for processing and adjudication. Provided further that if the transfer provided for in this paragraph will cause the City to lose jurisdiction, the case shall not be referred to the Muckleshoot Indian Tribe Tribal Court, in which case, the City shall advise the Muckleshoot prosecutor, and both the City and the Tribe may proceed as permitted by applicable law. The City of Auburn, its Police Department and the Muckleshoot Police shall coordinate and consult on the implementation of this section 1.3. Nothing herein shall limit the ability of the Tribe to refer a case submitted to it under this section back to the City, as would be appropriate, or to agree with the City on a different disposition of a particular case. As used herein, "Indian person" means any enrolled member of a federally- recognized Indian tribe. In addition to the referrals set out above, either the County or City Prosecutor may elect to decline any other case consistent with State law and City and County procedures in which case the "fribe may elect to prosecute. If a case is cited into the Muckleshoot Tribal Court, the Auburn police officers shall be available to provide the Muckleshoot Tribal Prosecuting Attorney with police cooperation and assistance with testimonies in criminal proceedings to allow cases to be prosecuted in Tribal Court. Page 3 2. Compensation. 2.1 Additional Officer Costs. The Tribe agrees to reimburse the City for the City's costs as contained in Exhibit A, which is incorporated herein by reference. Additional Officer reimbursable expenses shall include the Additional Officer's salary, benefits and specialty pays, if any, for the assigned officer assigned to provide services under this Agreement, along with any associated clothing allowance, quartermaster, overtime, supplies, services, telephone, motor pool. systems services, medical and workers' compensation insurance, equipment and associated administrative costs. The budget for 2014, set out in Exhibit B, represents all costs associated with finding the officer assigned under this Agreement for calendar year 2014. Costs for subsequent years shall be determined by agreement of the parties at the time this Agreement is extended for additional periods. Such costs shall be consistent with any costing formula and Labor contract obligations applicable to all Auburn Police Officers. If the Additional Officer terminates employment or is removed from performing Additional Officer patrol duties than the City shall prepare a pro rata invoice for services rendered in accordance with Exhibit A of this Agreement, for payment by the Tribe. 2.2 Billing. The estimated contract amount shall be billed quarterly in four (4) equal amounts. Payments shall be due within 30 (thirty) days after receipt of invoices from Auburn. 3 Decisions and Policy-Making Authorities. 3 1 Coordination. Auburn will provide the Tribal Council with an opportunity to interview the candidates for the Additional Officer position. provided for in Section 1.2 of this Agreement and make a selection recommendation to Auburn. The Tribal Council must concur with the City's selection of the Additional Officer Prior to assignment, the Tribal Chief of Police and the Auburn Chief of Police or their designees will meet to establish a service schedule, discuss community needs, and prioritize duties consistent with the purposes and requirements of this Agreement. The Tribal Chief of Police and Auburn Chief of Police will confer at least bi-annually to evaluate the Additional Officer's services provided under this Agreement and discuss potential changes in assignments and duties. The Tribal Council shall be given an opportunity to consult with both Chiefs with respect to policing needs. Any significant recommendations coming out of the bi-annual meetings set out in this section shall be presented to the Tribal Council for approval. The Auburn Chief of Police and the Tribal Chief of Police shall report bi-annually to the Tribal Council on the implementation of this Agreement. Nothing in this Agreement shall prevent the Additional Officer from seeking promotional opportunities or receiving a promotion. Page 4 4 Reporting. 4 1 Criminal Reports. Criminal reports generated by the City as a result of activities on lands within the Muckleshoot Reservation will be maintained and used by the City and may be subject to state public disclosure and Privacy Act laws. 4.2 Quarterly Reports. Auburn will provide written quarterly reports on criminal activity and law enforcement responses within the Muckleshoot Reservation. Provided the Tribal and Auburn Chiefs of Police may agree on different means of sharing data and reports that assist in the provision of law enforcement services and met the purposes of this Agreement. 5. Personnel and Equipment. Auburn is at all times under this Agreement acting as an independent contractor to the Muckleshoot Tribe. 5.1 Control of Personnel. Control of personnel, standards of performance, discipline and all other aspects of performance shall be governed by and shall remain under the City's control. 5.2 Liabilities. All liabilities for salaries, payroll taxes, benefits, wages and compensation, workers compensation, and sick leave shall remain with the City 5.3 Vehicle. The Tribe will pay the City the costs associated with one new Auburn Police vehicle as set out in Exhibit B of this Agreement. The police vehicle will be used by the Additional Officer primarily on the Reservation, and shall bear the Auburn Police markings, plus an indication that it is assigned to the Muckleshoot Tribal Police. The vehicle shall meet the standards set out in Exhibit B to this Agreement. The parties agree that the amount set out in Exhibit B is sufficient to fund the police vehicle. The vehicle funded under this Agreement shall be owned and considered property of'the City of Auburn and Auburn shall bear the responsibility for all of the vehicle's maintenance and upkeep Auburn shall keep the vehicle insured to protect both the City and Tribe from liability arising out its use. The parties agree that should this Agreement (or extensions thereof) terminate within five years of its initial effective date Auburn shall return the police vehicle to the Tribe. The Tribe and Auburn agree that Auburn may retain the vehicle in which case Auburn will reimburse the Tribe as follows: one fifth of the value of the vehicle on the date of termination times the number of years remaining in the first five years. 6 Term. Page 5 6 1 Duration. This Agreement is effective upon execution by both parties, except that the Additional Officer services and associated financial obligations shall commence on or about January 1, 2014 The contract period shall continue through December 31, 2014 Thereafter, this agreement shall renew automatically from year to year unless either party initiates the termination process outlined herein. 6.2 Termination. Either party may terminate this Agreement by providing the other party with ninety (90) days' advance written notice 7 Indemnification. 7 1 Tribe Held Harmless. The City shall indemnify and hold the Tribe and its officers, agents; and employees harmless from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of'any nature whatsoever, by any reason of or arising out of' any negligent act or omission of the City, its officers, agents, and employees relating to or arising out ofperforming Additional Officer services pursuant to this Agreement, including the operation of the police vehicle funded under the Agreement. In the event that any such suit based upon such a claim, action, loss, or damages is brought against the Tribe, the City shall defend the same at its sole cost and expense; provided that the Tribe reserves the right to participate in said suit if any principle of governmental, public law, Tribal law, or Indian law is involved; and if final judgment in said suit be rendered against the Tribe, and/or its officers, agents, and employees, or jointly against the Tribe and the City and their respective officers, agents, and employees, or any of them, the City shall satisfy the same 7.2 Auburn Held Harmless. The Tribe shall indemnify and hold the City and its officers, agents, and employees harmless from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of the Tribe, its officers, agents, and employees. or any of them relating to or arising out of activities authorized pursuant to this Agreement. In the event that any suit based upon such a claim, action. loss, or damages is brought against Auburn, the Tribe shall defend the same at its sale cost and expense; provided that Auburn reserves the right to participate in said suit if any principle ol'governmental or public law is involved, and if final judgment be rendered against the City, and/or its officers, agents, and employees, or jointly against the City and the Tribe and their respective officers, agents and employees, the Tribe shall satisfy the same, to the extent of its general liability coverage required under this Agreement. 7.3 Limited Waiver of Immunity. T he parties enter into a limited mutual waiver of their respective sovereign immunities for the sole and limited purpose of enforcing the mutual indemnities in Section 7 of this Agreement and for no other purpose. Neither party hereto waives its sovereign immunity for any other purpose or Page 6 with respect to or for the benefit of any other entity, person or government. Provided, that the Tribe's limited waiver of sovereign immunity set out in this paragraph is further limited to injunctive and declaratory relief related to the mutual indemnifications set out in this Section and to the recovery of damages to the extent covered by insurance. For this purpose, the Tribe shall maintain general liability insurance in the amount of two million dollars ($2.000,000.00). 7.4 Waiver Under Washington Industrial Insurance Act. The foregoing indemnity is specifically intended to constitute a waiver of each party's immunity under Washington's Industrial Insurance Act, RCW Title 51, as respects the other part}' only, and only to the extent necessary to provide the indemnified party with a full and complete indemnity of claims made by the indemnitor's employees. The parties acknowledge that these provisions were specifically negotiated and agreed upon by them. 7.5 No Special Duty or Relationship. All Auburn police officers, including the Additional Officer, have a primary obligation to the City, not the Tribe. Thev are expected to discharge all duties of their office while performing pursuant to this contract and will not perform any non-law enforcement/peacekeeping functions for the Tribe. Furthermore, this Agreement and performance thereof by the City police officers shall not create any special relationship with any person or duties to protect any specific persons from harm or injury including the party signing this Agreement. The law enforcement/peacekeeping duties to be performed pursuant to this Agreement are the same in extent and scope as those provided by police officers to every member of the Public. 8 Miscellaneous. 8.1 Audits and Inspections. The records and documents with respect to all Additional Officer services provided under this Agreement shall be subject to inspection, review or audit by the City or Tribe during the term of this Agreement and three (3) years alter its termination. 8.2 Amendments. This Agreement may be amended at anv time by mutual written agreement of the parties. 8.3 Dispute Resolution. Any dispute concerning the implementation of this Agreement shall be first directed to the Tribe's Chief of Police and the Auburn Chief of Police or their respective designees. If the dispute is not resolved at as provided above it shall then be referred to the Tribal Council and Auburn Mayor, who shall meet to resolve such dispute. Disputes relating to the implementation of this Agreement may not be resolved in any Court or by Administrative procedure. Termination shall be the sole remedy Provided, that disputes involving the failure of the Tribe to provide compensation for services rendered, disputes involving the failure of the City to provide services for which payment has been made, and enforcement of sections 7.1. 7.2 and 7.3 Page 7 may be resolved in a court of competent jurisdiction. In such action the remedy shall be limited to the recovery of money owed, the return of the vehicle or money damages limited as set out in this Agreement. 84 Entire Agreement/Waiver of Default. The parties agree that this Agreement is the complete expression of the terms hereto and any oral or written representations or understandings not incorporated herein are excluded. Both parties recognize that time is of the essence in the performance of the provisions of this Agreement. Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of this Agreement. IN WITNESS THEREOF, the parties execute this Agreement. City of Auburn �' ' MUCKLESHOOT INDIAN TRIBE cnw d L A burn Ma r Triba 'o cd air, Date: PR — 7 2014 Date �S I Approved as to form: Approved as to form- - Daniel Fleid Auburn City Attorn , Robert L. Otsea, Jr Chief Legal Counsel Citv of Auburn Muckleshoot Indian Tribe Date APR — 7 2014 Date: �W-1 Page 8 Exhibit B POLICE DEPARTMENT ' MEMORANDUM n f•„ '3 CITYOF l L �U s / Fl WASHINGTON DATE: March 24, 2014 TO: Municipal Services Committee FROM: Bob Lee, Chief of Police SUBJECT: Muckleshoot Police Services Costs The primary duties of the Auburn MIT Officer are to enhance the law enforcement function on the Muckleshoot Indian Tribe Reservation located within the boundaries of the incorporated City of Auburn. The intent is to provide directed patrols to these tribal residents and interface with the community on a more personal level. In addition, the Auburn MIT Officer would be available to provide assistance to King County Sheriff Deputies assigned in the unincorporated area of the reservation. These 2014 costs are outlined below: One officer working a 4 day 10 hour shift from 11.00 AM to 9.00 PM — Tuesday through Friday. 2014 On-Going Costs Commissioned Patrol Officer 2014 Annual Costs May 1 — Dec 31, 2014 Costs Salary (Grade 45 /Step 5) $83,290.00 $55,52700 Benefits (Full Family) $36,14700 $24,098.00 Overtime Expense $7,500.00 $5,000.00 Uniforms $750.00 $50000 Supplies $350.00 $233.00 Small Tools $350.00 $23300 Communications $250.00 $16700 Travel $500.00 $333.00 Vehicle Replacement Cost $12,500.00 $8,333.00 Veh Repairs & Maint, Ins, Fuel $13,100.00 $8,733.00 Miscellaneous $400.00 $267.00 Total Annual -8 Month Costs $155,137.00 $103,424.00 1 Muckleshoot Police Services Costs Page 2 of 2 March 20, 2014 One Time Start Up Costs —2014 Start- Up Supplies $6,500.00 Patrol Car—Vehicle Purchase & Upgrades $50,000.00 Patrol Car—DC/Video/Modem $12,600.00 Total One Time Start-Up Costs $69,100.00 Summarized 2014 Costs On-Going Costs—8 Months $103,424.00 One Time Start-Up Costs $69,100.00 Grand Total $175,524.00