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AG 11-193DATE IN: � DATE OUT: � TO: CITY OF FEDERAL WAY LAW DEPARTMENT REQUEST FOR CONTRACT PREPARATION/DOCUMENT REVIEW/SIGNATURE ROUTING SLIP 1. ORIGINATING DEPT./DIV: FEDE�, WAY POLICE DEP.�tTMENT 2. ORIGINATING STAFF PERSON LYNETTE ALLEN EXT: 6701 3. DATE REQ. BY: MAY 25. 2011 4. TYPE OF DOCUMENT REQUESTED (CHECK ONE) PROFESSIONAL SERVICE AGREEMENT ❑ SECURITY DOCUMENT (E.�. n��EMErrT & � MAINTENANCE/LABOR AGREEMENT O PUBLIC WORKS CONTRACT ❑ SMALLPUBLIC WORKS CONTRACT (LESS THAN $200,000) ❑ PURCHASE AGREEMENT� (MATERIALS, SUPPLIES, EQUIPMENT) O REAL ESTATE DOCUMENT PERF/MAIN BOND; ASSIGNMENT OF FUNDS IN LIEU OF BOND) ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ CONTRACT AMENDMENT AG#: � ❑ CDBG ���� OTHER 5. PROJECI' NAME: $9E�t Investi�ative Assistance Asreement �,� Cpun� C�r✓���aQ 6. NAME OF CONTRACTOR: ��'l'�F J �(�( Ll � ADDRESS: TELEPHONE SIGNATURE NAME: TITLE 7. ATTACH ALL EXHIBITS AND CHECK BOXES ❑ SCOPE OF SERVICES ❑ ALL EXHIBITS REFERENCED IN DOCUMENT ❑ INSURANCE CERTIFICATE ❑ DOCUMENTAUTHORIZING SIGNATURE 8. TERM: COMMENCEMENT DATE•.��COMPLETION DATE ON GOING 9. TOTAL COMPENSATION: N/A (�t�lcLUnE ExPEtvsES & sALES'rAx IF ANY� (IF CALCULATED ON HOURLY LABOR CHARGE -ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX O WED ❑ YES ❑ NO IF YES, $ PAID BY: � CONTRACTOR ❑ CITY 1 O. CONTRACT REVIEW INITIAL/DATE APPROVED INITIAL/DATE APPROVED ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT ❑ LAW 11. CONTRACT SIGNATURE ROUTING ❑ LAW DEPARTMENT ❑ CITY MANAGER ❑ CITY CLERK pl�' IGN COPY BACK TO ORGINATING DEPT �f ASSIGNED AG# �"' �q � ❑ PURCHASING: PLEASE CHARGE TO: _ COMMENTS: �'�� 16�a'1 � � s-��,-► �c�►� i ssue.. p• 1 INITIALlDATE APPROVED �o-�l-tl INITIAL/DATE APPROVED .S� t�c o.,c�,., e,c� �� � r ee,�.e.,►.�t �;� �,, e� ���; r�vt� c osc SGC> �. G� cc�,.. � 1 �, : +� ; e,s � � o � t � c �c c;t � � � o.. �-�a c� � 10/09/02 INVESTIGATIVE ASSISTANCE AGREEMENT This Agreement is between the State of Washington cities of Aubum, Burien, Des Moines, Federal Way, Renton, SeaTac and Tukwila (collectively "Cities" and each "Gt�/'), which ueated a --- govemmental administrative agency pursuant to RCW 39.34.030(3) known as the South Correctionat Entity, ("SCORE"), effective on August 22, 2011. - RECITAL WHEREAS, the Cities have worked ciosely in the past in all aspects of policing services and wish to continue such relationships with regard to the new detention facility built by SCORE and the investigation of any criminal or significant activity that occurs at this facility and pursuant �o the authority of the Washington Mutual Aid Peace Officers Powers Act, Chapter 10.93 RCW ("Act"); and WHEREAS, RCW § 10.93.130, contracting authority of law enforcement agencies, provides: "Under the interlocal cooperation act, chapter 39.34 RCW, any law enforcement agency referred to by this chapter may contract with any other such agency and may also contract with any law enforcement agency of another state, or such state's political subdivision, to provide mutual law enforcement assistance:' TERMS AND CONDRIONS NOW THEREFORE, in consideration of the above recitals which are incorporated by reference herein and other good and sufficient consideration, the Cities agree as follows: • The SCORE Executive Director or designees and the Cities' Chiefs of Police will cooperate and exercise their professional judgment in requesting and responding to SCORE requests for investigative assistance. • SCORE will utilize Valley Communications to initiate any required first responder calls for service for those emergency calls that require a police or fire response. . • Beyond emergency response, at the discretion of the Executive Director, SCORE will initiate requests to the Cities for investigative assistance with any investigations requiring the need for outside investigative assistance. The SCORE Executive Director and the Cities' Chiefs of Police will use best efforts to disburse the burden of such requests among the Cities on an equitable basis and the Chiefs of Police will use their best efforts to affirmatively respond to such requests for assistance. In the event that a City police department cannot respond to a mutual aid investigation request, the SCORE Executive Director wiil seek the aid of one of the Cities or another outside law enforcement agency for an investigation. Investigative Assistance Agreement Page 1 of 3 • At the sole discretion of the Executive Director, in circumstances where an independent law enforcement investigation (i.e. without the participation of a City) is needed, the SCORE Executive Director, or designee, will acquire the assistance of another outside law enforcement agency. SCORE will be responsible for initiating contact with the Chief of Police for the City of Des Moines, or designee, who is to be notified of the need for law enforcement investigative assistance before another law enforcement agency is requested. SCORE will also notify the Washington Cities Insurance Authority, as the circumstances warrant. • At the discretion of the SCORE Executive Director, no requests will be made to the Cities' police departments to become involved in matters that are more commonly handled through other investigative means, such as labor employment issues or matters that are to be investigated and handled within SCORE's internal administrative procedures. • Liability for investigative assistance will be subject to the provisions of the Act. • A request for investigative assistance should contain the following elements: o Communication between SCORE and the Cities o Definition of the event that has occurred o StafFing requirements expected for the investigation o Status as to either lead agency, secondary agency, or to act as an independent reviewer o Estimated duration of the investigation o Estimation of any after-action events or functions that may occur o Comprehensive written report of the event This Agreement may be executed in counterparts and to be effective on the date above specified. investigative Assistance Agreement Page 2 of 3 � � / � ��� "- South Correctional Entity City of Auburn ��� �� �� City of Burien City of Des Moines City of Federal Way City of Renton c� c ci„� City of SeaTac City of Tukwila Investigative Assistance Agreement Page 3 of 3 COUNCIL MEETING DATE: June 21, 2011 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #: ���� SUBJECT: SCORE INVESTIGATIVE AGREEMENT BETWEEN THE OWNER CIT�S AUBURN, BURIEN, DES MOINES� FEDERAL WAY, RENTON, SEATAC AND TUKWILA POLICY QUESTION: SHOULD THE CITY OF FEDERAL WAY ENTER INTO A SCORE INVESTIGATIVE AGREEMENT TO PROVIDE ASSISTANCE WITH INVESTIGATIONS OCCURRING WITHIN THE FACILITY THAT REQUIRE THE NEED FOR OUTSIDE INVESTIGATIVE ASSISTANCE? AND APPROVE THE CORRESPONDING RESOLUTION? COMMITTEE: PR&PS COMMITTEE CATEGORY: � Consent ❑ Ordinance ❑ City Council Business � Resolut STAFF REPORT BY: DEPUTY CHIEF ANDY HWANG Options Considered: MEETING DATE June 14 , 2011 ❑ Public Hearing ❑ Other DEPT: Police Department 1. Approve the proposed Resolution and the Investigative Assista.nce Agreement 2. Do not approve the proposed Resolution and Investigative Assistance Agreement MAYOR'S RECOMMENDATION The Mayor recommends approval of the proposed res olution and Agreement CITY MANAGER APPROVAL: 'a Committee DIRECTOR APPROVAL:�'�v►�'��K ����// s�'�'� � Committee Council S//��""�� COMMITTEE RECOMME1vDATION: I MOVE TO FORWARD THE PROPOSED RESOLUTION AND THE INVEST'IGATIVE ASSISTANCE AGREEMENT TO FULL COUNCIL AT THE JUNE 21, 2011 MEETING. "',--`—� ,� ' Committee Chair Co itt e� er C mittee Member PROPOSED COUNCIL MOTION "I move approval of the Resolution and Investigative Agreement between the owner cities of SCORE regional jail faciliry, and authorize Chief Brian Wilson to sign the Investigative Agreement, and authorize Mayor Priest to sign said Resolution. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) � UNCIL ACTION: APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # �� p"� CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: June 14, 2011 TO: Parks, Recreation, Human Services and Public Safety Council Comm'rttee VIA: Skip Priest, Mayor FROM: Brian J. Wilson, Chief of Police SUBJECT: SCORE Investigative Agreement The Federal Way City Council entered into an agreement with several other regionally located cities, to develop, construct and operate a jail facility in Des Moines to meet Federal Way's future jail space needs. The cities of Auburn, Burien, Des Moines, Federal Way, Renton, SeaTac, and Tukwila formed a governmental administrative agency know as the South Correctional Entity ("SCORE"), which is modeled after the successful interlocal Valley Communication facility agreement. The facility is almost complete and it is anticipated that misdemeanor offenders will be accepted and housed beginning August 22, 2011. The City of Des Moines has a small Police Department and is concerned that it may not have adequate resources to investigate all serious criminal incidents that may occur at the jail facility, i.e. homicides, felony assaults, suspicious suicides, etc. To ensure that other resources are available, the City of Des Moines is requiring that an"Investigative AgreemenY', outlining the process for investigating criminal incidents, be in place before a Certificate of Occupancy for SCORE is issued. The Police Chiefs of the owner agencies have discussed this issue and recognize that serious criminal incidents at the SCORE facility will be rare, and that the owner agencies, on a rotating basis, have the necessary resources to assist Des Moines Police Department with high profile incidents. This Investigative Agreement is the same as the Mutual Aid Agreement in which all involved cities provide assistance when requested by other jurisdictions. The Police Chief is comfortable continuing the mutual aid process for SCORE Investigative Agreement, and recommends that the City Council authorize the Chief to execute the Agreement. A Resolution of the City Council regarding the Investigative Agreement for the SCORE Jail facility is also required so that Council agrees and approves that the best interest of the citizens is to house Federal Way misdemeanants in SCORE. i .__ RESOLUTION NO. 11-607 A RESOLUTION of the City Council of the City of Federal Way, Washington, Regarding the Investigative Agreement for SCORE Jail Facility. WHEREAS, King County informed the cities that it would not provide jail services for misdemeanants after 2012; and WHEREAS, in response to King County and jail services costs the city councils for the South King County cities of Aubum, Burien, Des Moines, Federal Way, Renton, SeaTac, and Tukwila approved an interlocal agreement in February 2009 forming the South Correctional Entity ("SCORE"); and WHEREAS, the location of SCORE is in Des Moines, Washington; and WHEREAS, construction of SCORE is almost complete and it is anticipated that Federal Way misdemeanants will be accepted and housed beginning August 22, 2011; and "- WHEREAS, Des Moines will not issue the Certificate of Occupancy for SCORE until all of the cities have entered into an Investigative Agreement outlining the process for investigating criminal incidents that occur within the facility; and WHEREAS, the police chiefs from all the cities provide mutual aid when requested and are comfortable continuing the mutual aid process for the SCORE Investigative Agreement ("Agreement"); and WHEREAS, the City's police chief recoznmends that the City Council authorize him to execute the Agreement; and Resolution No. 11-607 Page 1 of 3 WHEREAS, the City Council of Federal W ay finds that it is in the best interest of the citizens to house Federal Way misdemeanants in SCORE. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. The Police Chief shall execute the proposed Agreement for the investigation of criminal incidents occurring within the facility in the usua] manner of mutual aid in order for Des Moines to timely issue the Certificate of Occupancy to begin accepting Federal Way misdemeanants by August 22, 2011. Section 2. Severabilitv. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 3. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 5. Effecrive Date. This resolution shall be effective immediately upon passage by the Federal Way City Councii. Resolution No. 11-607 Page 2 of 3 RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this 21 day of June 2011. ATTEST: CITY OF FEDERAL WAY _I_���� � -.. � . .. CITY CLERK, CA OL M EILLY, CMC APPROVED AS TO FORM: �r� ,���-�_ �D'�. CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: June 14, 2011 June 21, 2011 11-607 Resolurion No. 11-607 Page 3 of 3