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RESOLUTION NO. 3 6 1 3
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 \~1t'day of ~\C~ ' 200~.
CITY OF AUBURN
~~~
PETER B. LEWIS
MAYOR
ATTEST:
~4&1dJ~~/
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Daniel B. He ,
City Attorney
Resolution 3613
April 28, 2003
Page 2
,t
INTERLOCAL COOPERATIVE AGREEMENT
TO PROVIDE LAW ENFORCEMENT MUTUAL AID AND MOBILIZATION
BETWEEN THE CITIES OF KING COUNTY
AND KING COUNTY
1. DATE AND PARTIES. Th!s Agreement is dated, for reference purposes only, the first
day of June 200'3, 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 I, 2003 for one (I) year (s),
regardless of the date of execution and shall be automatically renewed on May 31 st 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 ofthe 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, (I) 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 OJi' KING COUNTY
AND KING COUNTY
SIGNATURE PAGE
Date
c~
By: . -~ - o::2'MAY 19 zom
Date
CITY OF
AIgona
By:
CITY OF
Bellevue
CITY OF
Black Diamond
By:
By:
Date
Date
CITY OF
Bothell
CITY OF
Burien
By:
By:
Date
Date
CITY OF
Carnation
CITY OF
Clyde Hill
By:
By:
Date
Date
CITY OF
Covington
CITY OF
Des Moines
By:
By:
Date
Date
CITY OF
Duvall
CITY OF
Enumclaw
By:
By:
Date
Date
CITY OF
By:
Federal Way
CITY OF
By:
Kenmore
CITY OF
By:
Kirkland
CITY OF
By:
Maple Valley
CITY OF
By:
Mercer Island
CITY OF
By:
Normandy Park
CITY OF
By:
Pacific
CITY OF
By:
Renton
CITY OF
By:
Issaquah
Date
CITY OF
By:
Kent
Date
CITY OF
By:
Lake Forest Park
Date
CITY OF
By:
Medina
Date
CITY OF
By:
Newcastle
Date
CITY OF
By:
North Bend
Date
CITY OF
By:
Redmond
Date
CITY OF
By:
Sammamish
Date
Date
Date
Date
Date
Date
Date
Date
Date
.'
CITY OF
By:
CITY OF
By:
CITY OF
By:
CITY OF
By:
SeaTac
Date
Seattle
Date
Snoqualmie
Date
w oodinville·
Date
County of King
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:
Vicky Peltzer Date
Chief of Police
CITY OF
By:
CITY OF
By:
CITY OF
By:
CITY OF
By:
Shoreline
Tukwila
Port of Seattle
By:
T. M. Kimsey
Chief of Police
Date
Date
Date
Date
Date
Seattle University Public Safety
By:
Mike Sletten,
Manager
Date
"
ADDENDUM "A"
KING COUNTY MUTUAL AID
RESPONSE PROTOCOLS
FOR LAW ENFORCEMENT
I. 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
I. 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.
I
, .
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, cOInµ1issioned 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 operatioIls 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 wh"lt 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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