HomeMy WebLinkAbout05-19-2003 Item VIII-B-8AU
TY OF AGENDA BILL APPROVAL FORM
WASHINGTON
Agenda Subject Resolution No. 3613
Date: May 14, 2003
Department: Police
Attachments: Resolution No. 3613
Budget Impact:
Administrative Recommendation:
City Council adopt Resolution No. 3613.
Background Summary:
This resolution would authorize the Mayor and City Clerk to execute an Interlocal Agreement with Algona,
Bellevue, Black Diamond, Bothell, Burien, Carnation, Clyde Hill, Covington, Des Moines, Duvall,
Eunumclaw, Federal Way, Issaquah, Kenmore, Kent, Kirkland, Lake Forest Park, Maple Valley, Medina,
Mercer Island, Newcastle, Normandy Park, North Bend, Pacific, Redmond, Renton, Sammamish,
SeaTac, Seattle, Shoreline, Snoqualmie, Tukwila, Woodinville, King County Sheriff, King County Airport
Police, University of Washington Police, Port of Seattle and Seattle University Public Safety for Mutual Aid
and Mobilization.
P0519-2
01.11
Reviewed by Council & Committees:
Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES:
❑ Building ❑ M&O
❑ Airport ❑ Finance
❑ Cemetery ❑ Mayor
❑ Hearing Examiner ❑ Municipal Serv.
❑ Finance ❑ Parks
❑ Human Services ❑ Planning & CD
❑ Fire ❑ Planning
❑ Park Board ❑Public Works
❑ Legal ❑ Police
❑ Planning Comm. ❑ Other
❑ Public Works ❑ Human Resources
Action:
Committee Approval: ❑Yes ❑No
Council Approval: ❑Yes ❑No Call for Public Hearing
Referred to Until
Tabled Until
Councilmember: Singer Staff: Kell
Meeting Date: May 19, 2003 Item Number: VIII.B.8
AUBURN* tN MORE THAN YOU IMAGINED
RESOLUTION NO. 3 6 13
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR AND CITY CLERK TO EXECUTE AN
INTERLOCAL AGREEMENT WITH KING COUNTY,
WASHINGTON, AND WITH THE CITIES OF KING
COUNTY FOR MUTUAL AID AND MOBILIZATION
WHEREAS, the City of Auburn is engaged in various municipal functions,
including law enforcement and emergency response; and
WHEREAS, in order to provide for such services, it is appropriate that the
City join with similarly responsible agencies to coordinate and cooperate in
responding to emergencies; and
WHEREAS, in order to provide for those services, the City has negotiated
an interlocal agreement with King County, Washington, and with the cities of King
County, for adoption of the Washington State Mutual Aid and Mobilization Plan.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That the Mayor and the City Clerk are authorized to execute
an agreement 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.
Resolution 3613
April 28, 2003
Page 1
Dated and Signed this day of , 200
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Daniel B. Hein,
City Attorney
Resolution 3613
April 28, 2003
Page 2
INTERLOCAL COOPERATIVE AGREEMENT
TO PROVIDE LAW ENFORCEMENT MUTUAL AID AND MOBILIZATION
BETWEEN THE CITIES OF KING COUNTY
AND KING COUNTY
1. DATE AND PARTIES. This Agreement is dated, for reference purposes only, the first
day of June 2003, and is entered into by and the undersigned municipal corporations or
towns organized or created under the laws of the State of Washington 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 city or unincorporated
county may exceed that department's ability to respond in a timely manner. When that
occurs, the police department or departments of other cities or the county 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
consenting jurisdiction whose police department is taxed beyond its ability to respond,
and render law enforcement services in a timely manner. Each city and the county shall
confer police authority on those police officers from other jurisdictions providing
mutual aid law enforcement services and enforcing the requesting department'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 that the
requesting department will not respond. The responding department shall be the sole
judge of its police department's 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".
Exhibit"A"
Resolution No. 3613
6. TERM. This Agreement shall be effective on June 1, 2003 for one (1) year (s),
regardless of the date of execution and shall be automatically renewed on May 31st of
each successive year. Any party may terminate its participation in this Agreement by
giving 60 days notice of termination to all of 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 city and county 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
cities and the county and their employees harmless from any such liability, claim, or
cause of action, including amounts arising out of the performance, by that city's and the
county'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 municipality and the King County Sheriff.
Administration of this Agreement includes, but is not limited to, (1) each participate
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.
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 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 and 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
AND KING COUNTY
SIGNATURE PAGE
CITY OF Algona
By:
Date
CITY OF Bellevue
By:
Date
CITY OF Bothell
By:
Date
CITY OF Carnation
By:
Date
CITY OF Covington
By:
Date
CITY OF Duvall
By:
Date
CITY OF Auburn
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 Enumclaw
By:
Date
CITY OF Federal Way
By:
Date
CITY OF Kenmore
By:
Date
CITY OF Kirkland
By:
Date
CITY OF Maple Valley
By:
Date
CITY OF Mercer Island
By:
Date
CITY OF Normandy Park
By:
Date
CITY OF Pacific
By:
Date
CITY OF Renton
By:
Date
CITY OF Issaquah
By:
Date
CITY OF Kent
By:
Date
CITY OF Lake Forest Park
By:
Date
CITY OF Medina
By:
Date
CITY OF Newcastle
By:
Date
CITY OF North Bend
By:
Date
CITY OF Redmond
By:
Date
CITY OF Sammamish
By:
Date
CITY OF SeaTac
By:
Date
CITY OF Seattle
By:
Date
CITY OF _ Snoqualmie
By:
Date
CITY OF Woodinville
By:
Date
County of King
Bv:
David G. Reichert Date
King County Sheriff
County of King — Airport Police
Bv:
Ron Griffin Date
KC Airport Police Chief
University of Washington Police
By:
Vicky Peltzer Date
Chief of Police
CITY OF
By:
Date
CITY OF Shoreline
By:
Date
CITY OF Tukwila
By:
Date
CITY OF
By:
Date
Port of Seattle
By:
T. M. Kimsey Date
Chief of Police
Seattle University Public Safety
Bv:
Mike Sletten, Date
Manager
ADDENDUM "A"
KING COUNTY MUTUAL AID
RESPONSE PROTOCOLS
FOR LAW ENFORCEMENT
Authority
All parties to the King County Mutual Aid Agreement will ensure a process is
established to commit manpower and resources.
II. Request 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 primary 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 primary 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.
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 primary 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 primary 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
primary 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 be 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 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 Keeping
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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