Loading...
03-014 Law Enforcement Services 1\ j • 111111 1111 nil 1111 1E11 lit I 4867747 Page: pi 6 rnlluTY flir c rna ill M Cnnhano fn YE Return to: Daniela Erickson Spokane Valley Contract Clerk of the Board No. CO3-14 1116 West.Broadway Approved MO,reL G, X003 Spokane,Washington 99260 INTERLOCAL AGREEMENT FOR LAW ENFORCEMENT SERVICES 3 0238 i.N THE CITY OF THE SPOKANE VALLEY THIS AGREEMENT, made and entered into among Spokane County, having offices for the transaction of business at. 1116 West Broadway Avenue, Spokane, Washington 99260, hereinafter referred to as "COUNTY," Spokane County Sheriff, having office for the transaction of business at 1100 West Mallon, Spokane, Washington 99260, hereinafter referred to as "SHERIFF," and City of Spokane Valley, a municipal corporation of the State of Washington, having offices for the transaction of business at. the Redwood Plaza, 11707 East Sprague Avenue, Suite 106, Spokane Valley, Washington 99206 hereinafter referred to as "CITY,"jointly hereinafter sometimes referred to as the "PARTIES." 1 VITNESSETH: WHEREAS, pursuant to RCW 35.02, the City of Spokane Valley established midnight, March 31, 2003 as its official date of incorporation and upon that date commenced operations as a city; and WHEREAS, pursuant to RCW 35.02, as of the date of incorporation, local governmental authority and jurisdiction with respect to the newly incorporated area transferred from Spokane County to the City of Spokane Valley; and WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County Commissioners has the care of County property and the management of County funds and business; and WHEREAS, chapter 39.34 RCW (1nterlocal Cooperation Act), authorizes counties and cities to contract with each other to perform certain functions which each may legally perform; and WHEREAS, pursuant to the provisions of chapter 36.28 RCW, the Sheriff of Spokane County is the Chief Law Enforcement Officer and conservator of the peace in Spokane County and Page 1 of 16 CO3-1,4 4867747 Page: 2 of 6 03128 2000 12j 33P MIIUTV h'r:L'1i'cTIwr 2 aro CA AA cr„bano rs 61 shall have, among other responsibilities, the duty to arrest and commit to prison all persons who break the peace, or attempt to break it; and WHEREAS, pursuant to the provisions of RCW 35.02.220, law enforcement.services shall be provided at no cost to the City of Spokane Valley for a period not to exceed 60 days from the official date of incorporation or until the City of Spokane Valley is receiving or could have begun receiving sales tax distributions under RCW 82.14.030(1), whichever is the shortest time period. The Parties acknowledge that City of Spokane Valley shall have the legal responsibility to pay for law enforcement services as of 12:01 A.M. June 1, 2003; and WHEREAS, the City of Spokane Valley desires to utilize the services of the Spokane County Sheriff's Office ("SHERIITh '), for the purpose of law enforcement services, pursuant to section 14.1 of this agreement. NOW THEREFORE for and in consideration of the mutual promises set forth hereinafter and as provided for in the above-referenced recitals, the PARTIES do hereby agree as follows: SECTION NO. 1: PURPOSE The purpose of this Agreement is for COUNTY to provide CITY and its residents, City Police and law enforcement services through SHERIFF within the geographic area of CITY. The geographic area, for the purposes of this Agreement, is that set forth in Washington State Boundary Review Board for Spokane County, File No. 555-01 or as hereafter amended. It is the intent of the PARTIES to provide law enforcement services, management and supervision consistent with the City's CounciUManager form of government (Chapter 35A.13 RCW) and within the statutory responsibilities of a Sheriff in the State of Washington. SECTION NO. 2: DURATION AND TERMINATION The initial term of this Agreement shall commence as of 12:01 A.M. on June .I, 2003, and run through 12:00 P.M. December 31, 2004. Thereafter, this Agreement shall automatically renew for one-year time frames, unless the termination process outlined herein is invoked. 2.1. Process for Termination. Neither party may terminate this Agreement before 11:59 P.M., December 31, 2004. Tf either party desires to terminate the Agreement at that date, they shall provide written notice no later than December 31, 2003, with termination to be effective at 11:59 P.M.December 31, 2004. In the event the Agreement automatically renews beyond 2004, either party may terminate the Agreement by giving written notice, no later than December 3151 of the year prior to the year in which the services are to terminate. Termination in any subsequent. year shall be effective on Page 2 of 16 • _ . 111 II. 0328J240t?4867747�12j3? MINTY M!S.T CIANCGQ 6G•0 qn M Sn447n45 An V11 December 31'1 at 11:59 P.M. For example, if the Agreement is to terminate December 31, 2006, then notice hereunder must be given no later than December 31,2005. When notice of termination is given, the PARTIES agree to jointly prepare a Transition Plan. if the PARTIES cannot mutually agree to the terms of the Transition Plan, either Party, pursuant to Section 15.3 of this Agreement,can request mediation. 2.2 Transition Plan. The Transition Plan shall identify and address, among other items (i) personnel issues; (ii) conveyance of capital equipment; (iii) workload; (iv) ongoing case assignments. Each Party shall bear its own cost in developing the transition plan. 2.3 Implementation of Plan. COUNTY and CITY agree to use all best efforts to effect a mutual implementation of the Transition Plan to provide an orderly,effective transition of service. 2.4 Termination of the Agreement. At the termination of this Agreement, CiTY shall have the option to purchase, subject to concurrence by mutual agreement of the PARTIES, COUNTY- owned vehicles and equipment, including but not necessarily limited to patrol cars, MDC's, use of force devices, staff vehicles, and motorcycles. The value of such vehicles shall be based upon their existing leasehold or depreciated value. CITY shall retain any CITY-owned equipment, provided at its discretion to SHERIFF. SECTION NO.3: SERVICES SHERIFF will provide (i) regional; (ii) Base Level; and (iii) optional law enforcement services, consistent with the staffing chart attached hereto as Attachment "A" and incorporated herein by reference, and an organizational Attachment "A-1" attached hereto and incorporated herein by reference. 3.1 Regional Services. Regional services will include only Sheriff and Administrative staff, sex offender registration,Regional Drug Task Force, Explosive Disposal Unit, Joint Terrorism Task • Force, Civil Process, Secret Witness Program, Extra Duty Employment Contract, Limited Dignitary Protection,Reservist and Explorer Unit. 3.2 Base Level Services. • Command/Liaison/Supervision. Command, liaison, and supervision shall consist of a Chief Officer who shall act in the same fashion as a regular City Police Chief, two (2) Lieutenants, nine (9) Sergeants and six (6) Corporals to provide patrol/traffic supervision and assist the Chief as needed. • Patrol/Traftidrnforcement Services. Patrol/Traffic services will include first response for the enforcement of state law and CITY adopted municipal criminal and traffic codes. Page 3 of 16 4867747 1111 1111111111111111111111111111111 fi4g2803 c12 33P PANTY Promicctnum AN ;11 nn Gw,kAno Patrol services shall include reactive patrol to respond to residents' and business' calls for service, proactive patrol to prevent and deter criminal activity. • Detective Division. Detective Division services will include investigation of property crimes, sexual assault crimes and major crimes. Investigative services consist of general criminal investigations by seven (7) Detectives assigned to the detachment, Investigation Division, and as required, the services of officers assigned to special units. These investigators are supported by crime scene analysis, crime lab, polygraph, identifications and evidence/property control. The equivalent of seventeen (17) FTE's will be assigned to provide investigative services from the Downtown Investigative Division. • Investigative Support Unit. Investigative support services shall include investigation of drug, vice, gambling, licensing, and undercover operations. • Meth Response Unit. Meth Response Unit services shall include the prevention and education of methamphetamine crimes. • Special Weapons and Tactics ("SWAT") and Tactical ("TAC") Operations. • Forensics Unit. Forensic services will include fingerprint identification, photo database, evidence recovery and post-mortem documentation. • Dispatch/9-1-1 and Crime Check. SHERIFF, as Director of Dispatch/9-1-1, agrees to dispatch protocols as negotiated with CITY Chief of Police. • Hostage Negotiations. • Criminal Intelligence Unit ("C.I.U.") • Domestic Violence Unit. • Major Accident Reconstruction Response("MARR"). • Canine Tracking and Bomb Dog. • Fleet Services. Fleet services will be located in the Valley Precinct. • Support Services. Support services will include the Office of Professional Standards, training and polygraph, Public Information Officer, crime analysis, data reporting, clerical support, computer-aided dispatch, and records management system. The unit prices include the costs of two (2) clerical positions located in the Valley Precinct and 1.5 of three (3) clerical positions in the downtown detective unit. • Law Enforcement Support Unit. COUNTY utilizes the Law Enforcement Support Unit ('`LESU") to provide records management, property room and related administrative support services. CITY and COUNTY agree that LES-U will continue providing records management, property room and related administrative support services. CITY agrees that if it desires any change in procedures, protocol or other provisions of LESU, it will meet and confer with SHERIFF to determine a mutually acceptable alternative. 3.3 Optional Services. • Community Services. Community services will include crime prevention, neighborhood watch and SCOPE partnership. Page 4 of 16 • 4867747 • DI\1111 M \11 11113 A1208 121P MIWTY MINI uarpC Sr.Q Sn n 1",n+vi c��4nn � Y.! • DARE. • School Resource Deputies. • K-9. These dogs are used for drug investigations. • Unique Identity. 3.4 Clarification of Services. CITY and COUNTY may jointly develop and approve, as clarifications and further amendments to this Agreement, statements of duties, roles and responsibilities of contract service personnel and clarification of individual and shared authority. SECTION NO. 4: POLICE CHIEF SHERIFF shall designate one or more SHERIFF deputies of the rank of Captain or higher as candidates for the position of CITY Police Chief ("Police Chief'). The Police Chief shall be appointed from said list of qualified candidates by the CITY Manager in accordance with RCW 35A.13.020. The Police Chief is to act in the same fashion and perform the same general duties of a City Police Chief under the Council/Manager form of government. The duties of the Police Chief shall include: 1. Working with the CITY Manager or his/her designee to establish goals and objectives for CITY police services which reflect specific needs within CITY; 2. Coordinating police activities within CITY, including hours of operation and CITY specific protocols and procedures, attending staff meetings and providing reports as requested by the City Manager and such other duties common to a City Police Chief including enforcement of CITY codes and ordinances. 3. Reviewing the performance of deputies assigned to CITY. Reporting to CETY Manager or his/her designee and SHERIFF any recommendations for performance improvement; 4. Coordinating duties of deputies assigned to CITY as specific needs arise, as requested by ern( Manager or his/her designee within the context of established policies and procedures. Reporting to SHERIFF any changes in duty of CITY assigned deputies; 5. Overseeing implementation within CiTY of all SHERIFF policies and procedures. Maintaining a copy of SHERIFF procedures on file at City Hall for CITY'S reference. SHERIFF shall be notified of any public disclosure requests to view or obtain a copy of the policies and procedures on file. Notifying CITY Manager or his/her designee of any change in SHERIFF procedures or policies; 6. identifying areas of supplemental training for deputies assigned to CITY. Making Recommendations to SHERIFF for supplemental training. Making recommendations to the CITY Manager or his/her designee for training not provided by SHERIFF; and 7. Providing supervision and direction to the Lieutenants and Sergeants assigned to CITY as well as other assigned personnel, and acting as liaison with SHERIFF command. Page 5 of 16 • 4867747 Page: 6 of 6 I III 0372812003 12:33P AMITY AATil;CitUR AAR Sn 111 Rnntano tn. WI SECTION NO.5: COST OF SERVICES Cost for services shall be based on a twelve (12) month period. • Effective no later than January 1, 2007, if COUNTY elects to provide fulltime law enforcement services to other Spokane County cities at no, or significantly reduced charges, then the contract charges, herein contained, will be renegotiated accordingly for CITY. 5.1 Regional Services. Regional service costs include the cost of services that are required by state law or supported by a dedicated revenue source, and are excluded from cost allocation at the discretion of COUNTY. For the purpose of this Agreement, such services and their associated administrative costs shall be considered non-chargeable to CITY. 5.2 Base Level and Optional Services. Base level and optional service direct and, and special pays, if indirect costs shall include, but not necessarily be limited to, salary, benefits any, for personnel providing the service, along with any associated costs for clothing allowance, overtime, supplies, services, telephone, motor pool, lease cars, systems services, insurance, equipment and applicable administrative costs. These costs are further described in Attachments "A", "B" and "C" attached hereto and incorporated herein by reference. Base level and optional operation service costs shall reflect the deduction of revenues such as school resource grants. 5.3 Calculation of LESU Costs. The annual costs shall be CITY'S share of the LESU budget based upon the percentage of services provided and the cost allocation developed by LESU as further described in Attachment "C," attached hereto and incorporated herein by reference. 5.4 Development of Position Costs. SHERIFF/COUNTY shall develop position costs for each position and support service based on service costs developed as outlined in Attachment "B". 5.5 Calculation of CITY'S Agreement Amount. Position costs shall be the basis for calculating CITY'S contract amount. CITY shall be charged for services on the basis of full- time equivalence (" l'E") in its detachment and non-detachment Detectives as set forth in Attachments "A" and "A-1". 5.6 CITY'S Contract Amount. CITY'S estimated contract amount is further described in Attachment "A." 5.7 Service Level Adjustments. Service level increases requested by CITY will be reflected as adjustments to the current year contract agreement amount. Effective 2004 or after, any Page 6 of 16 � 4886 0318)2043 "I21:633? NJIl9iV "SCMNIfne IMO Q�N1 annb�no f n Sib service level reductions directed by CITY shall become effective within a mutually agreeable timetable and reflected in the billing of the month and year executed. 5.8 Overtime. CiTY hereby agrees to pay for overtime expenses. It is CITY'S and SHERII~F'S intent to provide overtime as mutually agreed, unless an emergency exists necessitating immediate response by the Sheriff or deputies, for special events, limited dignitary protection and unusual occurrences. Overtime, when requested in these categories, will be billable at the actual overtime rate of the deputy(s) and/or support staff that is working. Responses to events listed below are treated as if the event were occurring in any other jurisdiction, with the responsibility falling on that jurisdiction. a. Tf CITY requests and utilizes SHERIFF'S deputies and/or support staff on overtime for special events within the City of Spokane Valley, the actual overtime expenditure will be billed to CITY following the event. This billing will occur with the standard monthly billing, in accordance with subparagraph 5.13 below ("Billing Procedure"). Examples include, but are not limited to, park, patrol, parades, and community events. b. If CITY experiences a disaster or unusual occurrence that is confined within its boundaries and overtime is requested by the Police Chief to stabilize the situation, the actual overtime expenditures will be billed with a credit provided if reimbursement funds are approved. Examples of this include, but are not limited to, a plane crash, riot, union strike, or other civil emergencies. c. In the case of a County, State, or National declared disaster for which overtime is required to manage the event, the overtime expense will he billed to the appropriate agency (e.g., FE MA). If reimbursement for overtime is not granted, then CITY will be responsible for the direct overtime expense, less any mutual aid provided. Examples of this include, but are not limited to, flooding, storms, and earthquakes. d. In the event a dignitary requiring federal, state, or local protection visits CITY, CITY will determine if additional response is needed. The CiTY Manager, in consultation with the CITY Police Chief, will establish the level of service to be provided. 5.9 Reconciliation. Annual adjustments will be made in March of each year in such a way that if CITY has a positive balance at year-end of the previous calendar year, it will receive a credit, to be applied as mutually agreed. Tf CiTY has a deficit, it will receive a debit in the subsequent billing. All computations will be based on actual, per position, overtime, salary, special pay benefits costs, and LESU costs. 5.10 Computation. The annual adjustment shall be calculated by totaling the actual costs of overtime, salary, special pay, and benefits attributable to CiTY and reconciling that figure to Page 7 of 16 MI I III 11 HI 11111 486 c0�2812QU3 7747 12.3',1? PAHUTV ANIMINIVAICDO Ano en nn a„bane rt. Y6 CITY'S budgeted amount. The annual adjustment process would occur as described in paragraph 5.9 ("Reconciliation") above. 5.11 Facility. The City desires to establish by June 1, 2003 a Valley Precinct, located at 12710 East Sprague, Spokane Valley, Washington 99206. The CITY and COUNTY, in a separate Agreement, shall provide for the ownership, facility cost sharing and operation of the Valley Precinct. 5.12 Purchase of Additional Services. The description of services to be provided in 2003 is as indicated in Exhibit "B." COUNTY will provide additional deputies, command, detectives and clerical support at the cost reflected in Attachment "C," appropriately adjusted pursuant to the above. Other services not reflected in Section No. 3 above may be provided at cost negotiated between CITY and COUNTY. 5.13 Billing Procedure. COUNTY will bill CITY for the cost of services as outlined, monthly, during the first week of the month and shall be equal to 1/12`h of the contract estimated amount. Payments by CiTY will be due by the end of the cun-ent month. At the sole option of the COUNTY, a penalty may be assessed on any late payment by CiTY which may not exceed lost interest earnings had the payment been timely paid and invested in the Spokane County Treasurer's Investment Pool. SECTION NO.6: REPORTING 6.1. Patrol Districts. CITY'S Police Chief will establish patrol districts within City of Spokane Valley in order to assure accurate collection of data related to criminal and traffic activity. The patrol districts will coincide within CITY limits as closely as possible without compromising efficient use of reactive patrol deputies. A patrol district is a geographical area of a size and configuration designed to minimize response times to citizen's calls for services. Response time is typically measured from the time a call is received to the time the unit arrives on the scene. 6.2 Notification of Significant Criminal Activity or Civil Emergency. The Police Chief, or his/her designee, will immediately notify the CITY Manager or his/her designee of any significant criminal occurrence or civil emergency within CiTY. 6.3 Quarterly Report. SHERIFF shall provide a mutually acceptable quarterly report to CITY that will contain information relating to (i) criminal and traffic activity occurring within CiTY and (ii) law enforcement services that fall within the category of patrol/traffic described in Section No. 3 hereinabove, occurring within CiTY. All public records prepared, owned, used or retained by SHERIFF in conjunction with providing law enforcement services under the Page 8 of 16 III 11111111111 EH! 4867747 Page: 9 of 16 0312812003 12:W (MTV rrnsltcelAllsoe aro VI iV1 Cn ino r■ 46 • terms of this Agreement, or subsequent to the official date of CITY'S incorporation, shall be deemed CITY property and shall be made available to CITY upon request by CITY Manager. 6.4 Dedicated Patrol Units. SHERIFF recognizes that'it is providing sworn police services dedicated to CiTY. In so doing, the law enforcement services shall be dedicated to CITY and shall not be used elsewhere within Spokane County. Provided, however, in the event of an emergency or a call by a deputy for assistance, mutual aid may be rendered. SECTION NO. 7: DEPUTY ASSIGNMENT, RETENTION,DISCIPLINE,AND HIRING. SHERIFF will provide and administer: 7.1 Hiring. SHERIFF shall hire, assign, retain and discipline all employees according to the collective bargaining agreement, civil service rules, and state and federal laws. 7.2 Standards of performance Governed by SHERHFF. Control of personnel, standards of performance, discipline and all other aspects of performance shall be controlled by SHERIFF. Provided, however that only qualified, trained personnel meeting all of the requirements of applicable state laws or regulations shall be utilized in the performance of services under this Agreement. 7.3 Assignment of Deputies. SHERIFF shall use, whenever possible, deputies who volunteer for duty within CiTY. In those instances where there are an insufficient number of deputies who volunteer for duty within CITY, then SHERIFF shall determine who shall be assigned for duty. COUNTY and CITY will work together to encourage deputy retention to provide continuity of service. 7.4 CITY Input on Personnel Matters. CITY shall retain the right to meet and confer with SHERIFF with respect to those personnel who are assigned to work within CiTY. Issues of discipline or performance will be specifically handled according to departmental policies In the event CITY has requested the reassignment of personnel and SHERIFF does, reassign the personnel, the reassignment, in itself, shall not be considered disciplinary or in any way reflect upon the performance evaluation of the deputy. SECTION NC). 8: OBSERVATION OF LABOR NEG(:)TIATiONS CITY may participate, along with other cities that contract with COUNTY, for law enforcement services to select no more than two (2) representatives to observe labor negotiations between, COUNTY and the Collective Bargaining Units representing the employees of SHERIFF, provided that such observers adhere to rules established by COUNTY and the bargaining units for the negotiations. Page 9 of 16 . . -- 48677 C4728f 20010 74 12133P r.nhlNTY rlltdtcclNim: ECA Sn.M tank na c. . ii SECTION NO.9: ASSIGNMENT If SHERIFF assigns or delegates duties of any portion of the services provided under the terms of this Agreement without first obtaining the prior written approval of CiTY, CiTY may withdraw from all or any part of this Agreement, at CITY'S option, by providing thirty days written notice to SHERIFF. SHERIFF shall provide CITY at least sixty clays written notice of its intention to assign or delegate duties under this Agreement, specifying which duties it intends to assign or delegate.and the name and address of the party to whom it intends to assign or delegate. All terms and conditions of this Agreement shall apply to any approved or suffered subcontract or assignment related to this Agreement. SECTION NO. 10: LIABILITY 10.1 COUNTY shall indemnify and hold harmless CITY and its officers, agents, and employees, or any of them 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 COUNTY, its officers, agents and employees, or any of them relating to or arising out of performing services pursuant to this Agreement. In the event that any suit based upon such claim, action, loss, or damages is brought against CITY, COUNTY shall defend the same at its sole cost and expense; provided that CITY reserves the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment in said suit be rendered against CITY, and its officers, agents, and employees, or any of them, or jointly against CiTY and COUNTY and their respective officers, agents, and employees, COUNTY shall satisfy the same. 10.2 CITY shall indemnify and hold harmless COUNTY and its officers, agents, and employees, or any of them 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 CITY, its officers, agents and employees, or any of them relating to or arising out of performing services pursuant to this Agreement. In the event that any suit based upon such claim, action, loss, or damages is brought against COUNTY, CITY shall defend the same at its sole cost and expense; provided that COUNTY reserves the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment in said suit he rendered against COUNTY, and its officers, agents, and employees, or any of them, or jointly against COUNTY and CITY and their respective officers, agents, and employees, CITY shall satisfy the same. .1.0.3 In executing this Agreement, COUNTY does not assume liability or responsibility for or in any way releases CITY from any liability or responsibility which arises in whole or in part from the existence or effect of CiTY ordinances, polices, rules or regulations. If any cause, Page 10 of 16 • - 11111111 I 111111 111 11 I Ell 48864 U3?2:777711 7 l2 33P eniWTV NIL2rQCT(1urrC Sr G Qn M grulim fn It claim, suite, action or administrative proceeding is commenced in which the enforceability and/or validity of any such CITY ordinance, to include its constitutionality, policy, rule or regulation is at issue, CITY shall defend the same at its sole expense and, if judgment is entered or damages are awarded against CITY, COUNTY (to include SHERIFF) or both, CITY shall satisfy the same,including all chargeable costs and reasonable attorney's fees. 10.4 The foregoing indemnity is specifically intended to constitute a waiver of each party's immunity under Washington's Industrial Insurance Act, Chapter 51 RCVS', respecting the other party 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. 10.5 COUNTY and CITY agree to either self insure or purchase polices of insurance covering the matters contained in this Agreement with coverages of not less than $5,000,000 per occurrence with $5,000,000 aggregate limits including for COUNTY SHERIFF deputies professional liability and auto liability coverages. SECTION NO. 11: RELATIONSHIP OF THE PARTIES The PARTIES intend that an independent contractor relationship will be created by this Agreement. No agent, employee, servant or representative of COUNTY or SHERIF+. shall be deemed to be an employee, agent, servant or representative of CITY for any purpose. Likewise, no agent, employee, servant or representative of CITY shall be deemed to be an employee, agent, servant or representative of COUNTY or SHERIF+ for any purpose. SECTION NO. 12: STABILIZATION OF PERSONNEL COUNTY will coordinate transfers to minimize the time positions arc vacant, as well as the impact of vacancies to CITY. Deputies, who have been with CITY for less than 24 months, will not be granted a lateral transfer to COUNTY except with concurrence of CITY. Timing and replacement of CITY-assigned staff promoted to a position outside CITY will be made after input from CITY Manager. SECTION NO. 13: PROPERTY AND EQUIPMENT The ownership of all property and equipment utilized in association with either SHERIF+or CITY meeting their responsibilities under the terms of this Agreement, shall remain with the original owner, unless otherwise specifically and mutually agreed upon in writing by the PARTIES to this Agreement. Page 11 of 16 • • 1111 11111111 P 11111111111111 4867747 12 of d3728j20eGPae: 12,3316? CA NTY Cib't',1iSSiONERS 4GA 50.00 Sookane Co. 4+A CITY shall supply at its own cost and expense any special supplies, stationary, notices, forms where such must be issued in the name of CITY. COUNTY shall provide supplies and equipment routinely provided to its deputies. Any routine reprinting or replacement of stationery and forms used to deliver law enforcement services to CITY shall be done in a manner to include the name "City of Spokane Valley". 13.1 Additional Technology. It is the desire of CiTY to maintain a police force that is equipped with the latest technology. SHERIFF agrees to provide deputies who are trained and equipped with such technology as is customarily provided to its deputies. Such technology may include, but is not necessarily limited to, mobile data terminals ("MDTs"), AFIS, GIS GPS, CA.D/Riv11S, communications, computer access to criminal history data and other like data, as well as other current technology utilized within law enforcement. Any technology not currently in use or not customarily provided to patrol deputies, may be requested by CITY and COUNTY, and the PARTIES agree to meet and confer over the need for acquisition, training, or use of this new technology with the final decision regarding use of new technology resting solely with the SHERIFF. 43.2 Additional Training. CITY has indicated that it may desire to have the deputies assigned to duty within the limits of CITY, attend additional or supplemental training. Such training would be requested by CITY and approved by SHERIFF who will not unreasonably withhold approval. Such training shall be done at the sole cost and expense of CITY. 13.3 Community Identity. Patrol vehicles that are assigned to CITY may display the color, identification and other logo of CITY at CITY'S sole expense. Additionally, the vehicles will indicate that they are SHERIFF vehicles. SHERIFF and CITY will determine the form of identification jointly. SHERIFF maintains a uniform directed by state law. It is a uniform that carries a great deal of pride. CITY recognizes that the assigned personnel will retain the uniform of the Spokane County Sheriff"s Office; however, SHERIFF agrees that assigned personnel may wear additional identification in the nature of a pin, patch, uniform items, or other like identification indicating affiliation with CITY. The nature and design of any additional identification will he determined jointly by SI-IERIFF and CITY and provided to SHERIFF by CiTY at CITY'S sole expense. SECTION N(.). 14: CITY'S RESPONSIBILITIES CITY shall develop, with the assistance of the Police Chief and provide to SHERIFF, the general policies it desires to provide the citizens of CITY in relation to the provision of law enforcement services. SHERIFF will then make operational decisions to implement the philosophy of CITY. Ln the implementation of the law enforcement services, SHERIFF and CITY shall meet and confer to assure that the implementation of services is consistent with the philosophy of CITY. CITY acknowledges that there are certain policies relating to the provision of law enforcement services Page 12 of 16 4867747 t)�a • II of 3�e:78t2003 13 52.33 i6 MIwIv rv� tc.rnurac er� 3f1 nn Snnkano NI IA that are not within its control due to the need for uniform polices for SHERIFF employees COUNTY-wide,or the governance of certain issues by state or federal law. In support of SHERIFF providing the services described above, CITY shall perform as follows: 14.1 Municipal Police Authority. CITY shall retain all police powers inherent in the laws of the state of Washington and, by virtue of this Agreement, confer said municipal police authority on such SHERIFF deputies as might be engaged hereunder in enforcing CITY ordinances within CITY boundaries. 14.2 Municipal Code. CITY shall, to the extent reasonably possible taking into consideration local circumstances, adopt local law enforcement ordinances that are consistent with same- subject ordinances of COUNTY and state law. It is recognized that it is in the interest of all PARTIES that reasonable uniformity of common regulations will promote efficient provision of law enforcement services. Nothing in this language shall prevent CITY from adopting ordinances it determines to be necessary and in the best interest of the citizens of CITY. 14.3 Interaction with Police Chief. • The Police Chief shall report to CITY Manager or higher designee and to the existing command structure within SHERIFF. • In the event a CITY procedure, policy, goal or operation differs from the SHERIFF'S, CITY Manager or his/her designee, SHERIFF and COUNTY shall meet and mutually determine which policy will prevail. CiTY will assume responsibility and liability for any deviation from SHERIFF procedure, policy or operation provided such policy, procedure, goal or operation is the proximate cause of the harm or damage • CITY Manager or his/her designee shall have the responsibility of providing general supervision to the assigned Police Chief relative to the furnishing of law enforcement services to CITY as set forth in chapter 35A.13 RCVS' and the terms of this Agreement. • The Police Chief shall maintain communication between CITY Manager and SHERIFF command structures to ensure that changes in SHERIFF policies are agreeable to CITY and that changes in CITY policies are agreeable to SHERIFF. SECTION NO. 15: CONTRACT ADMINISTRATION 15.1 Daily Operations. The CiTY Manager or his/her designee shall be responsible for communicating with the Police Chief the general direction of policing and the general daily Page 13 of 16 1111 11111111 I III Hil 486 Page: 14 7747 of 03l28J2�3 12:316 3P MINTY tiVIRCTNKkC dCk SO.M SrakAno operations of the policing within CITY. This designation shall not intrude upon the province of SHERIFF staff in the actual delivery of police services, but shall be the method of communication through the respective CITY and SHERIFF command structure. 15.2 Dispute Resolution. In the event of a dispute in the administration of this Agreement, the CITY Manager or his/her designee shall discuss the dispute with the Police Chief in an attempt to resolve the dispute. Any dispute that cannot be resolved by the City Manager and the Police Chief shall be referred to SHERIFF who will meet with the CITY Manager and in good faith attempt to dissolve the dispute. If the CITY Manager and SHERIFF cannot resolve the dispute, the dispute will be referred to COUNTY Chief Executive Officer who will meet with CITY Manager to resolve the dispute. 15.3 Mediation of Disputes. if, after following the dispute resolution procedure described herein, CITY Manager and COUNTY Chief Executive Officer are unable to resolve the dispute, the PARTIES agree to participate in non-binding mediation before a third party whose selection will be mutually agreed upon. The cost of mediating the dispute will be borne equally by both PARTIES. SECTION NO. 16: VENUE STIPULATION This Agreement has been and shall be construed as having been made and delivered within the State of Washington and it is mutually understood and agreed by each party that this Agreement shall be governed by the laws of the State of Washington both as to interpretation and performance. Any action at law, suit in equity or judicial proceeding for the enforcement of this Agreement, or any provision hereto, shall be instituted only in courts of competent jurisdiction within Spokane County, Washington. SECTION NO. 17: SEVERAIIILITY it is understood and agreed among the PARTIES that if any parts, terms or provisions of this Agreement are held by the courts to be illegal, the validity of the remaining portions or provisions shall not be affected and the rights and obligations of the PARTIES shall not be affected in regard to the remainder of the Agreement. If it should appear that any part, term or provision of this Agreement is in conflict with any statutory provision of the State of Washington, then the part, term or provision thereof that may be in conflict shall he deemed inoperative and null and void insofar as it may be in conflict therewith and this Agreement shall be deemed to modify to conform to such statutory provision. Page 14 of 16 , . 1111111 II I I III II 11°1111111 48647 0182e:2003775 t2 33P • COUNTY COt 11SSiONERS ACR SO.00 Spokane Co. A SECTIONi NO. :18: NOTICES All notices or other communications given hereunder shall be deemed given on: (1) the day such notices or other communications are received when sent by personal delivery; or (ii) the third day following the day on which the same have been mailed by first class delivery, postage prepaid addressed to COUNTY at the address set forth below for such Party, or at such other address as COUNTY shall from time-to-time designate by notice in writing to the other PARTIES: COUNTY: Spokane County Chief Executive Officer or his/her authorized representative 1116 Nest Broadway Avenue Spokane,Washington 99260 SHERIFF: Spokane County Sheriff or his/her authorized representative Spokane County Sheriff's Office 1100 West Mallon Spokane, Washington 99260 CITY: City of Spokane Valley City Manager or his/her authorized representative Redwood Plaza 11707 East Sprague Avenue, Suite 106 Spokane Valley, Washington 99206 SECTION NO. 19: GENERAL TERMS 19.1 This Agreement contains terms and conditions agreed upon by the PARTIES. The PARTIES agree that there are no other understandings,oral or otherwise, regarding the subject matter of this Agreement. No changes or additions to this Agreement shall be valid or binding upon the PARTIES unless such change or addition is in writing,executed by the PARTIES. 19.2 This Agreement shall be binding upon the PARTIES hereto, their successors and assigns. 19.3 The records and documents with respect to all matters covered by this Agreement shall be subject to inspection, review or audit by COUNTY or CITY during the term of this Agreement and three (3)years after termination. SECTION NO. 20: COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original, but such counterparts shall together constitute but one and the same. Page 15 of 16 • 4867747 • Okee/2+,1'7(l� 12133P mom rflt'LiCCrrtur#C erQ g7 tnmkano ri$ f11 SECTION NO.21: HEADINGS The section headings appearing in this Agreement have been inserted solely for the purpose of convenience and ready reference. In no way do they purport to, and shall not be deemed to define, limit or extend the scope or intent of the sections to which they pertain. IN WITNESS WHEREOF, the PARITIES have caused this Agreement to be executed on date and year opposite their respective signatures. DATED: //-2/20Q 3 SPOKANE COU TY SHE . : t / MARK K. STERK DATED: DO _ BOARD OF COUNTY COMMISSIONERS OF S.of co/444p `\\i 1 SPOKAav:, ; . "Y, WAS GTON Cp� �O i; i .'q� G O� ib' i�1 7 o O ROSKFL LEY, Chair AITEST: '► il VICKY M. DALTON lit trt).t„ � ' • CLERK OF THE BOARD '.7 L • i. .1 j•RR[S 1 Vic--Chair .,,`"����� aniela Erickson, Deputy M. KA cCAS1 IN 9tt111 v 4o o a II •f`- v.,-`c113 T1 D: 00-c h /'2, & d 3 CITY OF SPOKANE Y: LE • r B 010 Tha.104-2/1 Ma n47, e 4. • City Clerk (Title) Approved as to form only: et- g City. tt• icy O:\Valley City\Dmft Ccntractc\Sheri T\iaw enforcement 022503-final.doc Page 16 of 16 '" '.;PROPOSED CITY OFSPOKANE VALLEY STAFFING # Employees Unit Classification Cost 55.5 Patrol w/K-9 (Bomb,Drug,Track) 49.5 Deputies 4,813,613 6 Det/Corp. 653,712 6 Traffic 5 Deputy 486,224 Patrol/Traffic 1 Sgt. Traffic 116,291 -less revenue2 -100,000 --less revenue3 -25,000 1 M.A.R.R. 1 DetlCorp. 108,952 10 Patrol Supervision 1 Inspector 134,423 1 Staff Assistant 50,061 2 Lieutenants 255,071 6 Sergeants 697,746 4 Community Services/Admin. 1 Sergeant 116,291 3 SRO Deputy 291,734 --less revenue' -57,291 • 8 Property investigations 1 Sergeant 116,291 6 Det/Corp 653,712 1 Deputy 97,245 0.5 Investigations .5 Captain 64,211 9 Drug Investigations .5 Lieutenant 63,768 .5 Sergeant/Meth 58,146 .5 Sergeant/ISU 58,146 3.5 Det/Corp. 381,332 .5 DetlCorp CIU 54,476 .5 Det/Corp JTTF 54,476 3 Drug Deputy 291,734 7.5 Major Crimes/Sex Investigations .5 Lieutenant 63,768 .5 Sgt-Major Crimes 58,146 .5 Sgt-Sex Crimes 58,145 3 Det/Corp-Major Crimes 326,856 3 Det/Corp-Sex Crimes 326,856 101.5 Proposed Staffing Level 10,269,134 L.E.S.U. 1,267.884 01 s TOTAL BASEpLEVEL, h ' :11,537;018 *Personnel Costs are based on 2003 salary figures Costs include 2003 COLA costs for all Unions and Associations 'Costs will increase each year based on COLA's, M/O Increase or Decrease,and Capital Expenditures/ Improvements as approved by the Board of County Commissioners Footnotes 1 Half of revenue received from a Juvenile Accountability Grant = $27,291; plus revenue from Central Valley School District for two SRD's= $15,000 each 2 Half of revenue received from a "Cops Universal"grant for eight Traffic officers; grant provides 525,000/officer/year; grant expires 12/31/03 3 Revenue received from a "Cops Universal"grant for 1 Traffic Sergeant; grant provides$25,000/officer/year, grant expires 5/31/06 valley proposed staff Attachment"A" 4/18/2003 City of Spokane Valley Police Organizational Chart . Chief Downtown Inspector .5 Capt. • Precinct Investigations 1 I I I 2 Lts .5 LT. .5 LT. Patrol Drugs Major Crimes Sex Crimes 1 1 Sgt 6 Sgts 1 Sgt 1 Sgt .5 Sgt .5 Sgt .5 Sgt .5 Sgt Property/DV Patrol Traffic Admin!service Meth. ISU Major Crimes Sex Crimes 6 Detectives 6 Corporals 1 Detective 3.5 Detectives 3 Detectives 3 Detectives Property/DV Patrol MARK Drugs Major Crimes Sex Crimes 1 Deputies 49.5 Deputies 5 Deputies 3 Deputies DV K9's Traffic SRDs .5 Detective CCU JTTF Secretary II .5 Detective CIU _ 3 Clerical Assistants 2 Clerical Assistants 3 Deputies "' Drugs "" Not included in 101.5 FTE's 02/20/2003 Attachment A-1 CONTRACT POSITION COSTS Deputy Detective/Corp. Sergeant Lieutenant Captain Inspector Salaries and Benefits 71,487 82,726 89,755 104,726 105,612 111,613 Overtime 1,489 1,725 1,882 0 0 0 Additional Pay 1,459 1,691 1,845 0 0 0 Sub-Total: Wages 74,435 86,142 93,481 104,726 105,612 111,613 Clothing/Vests 111 111 111 111 111 111 Ammunition 71 71 71 71 71 71 Radio M/O Supplies 119 119 119 119 119 119 Equipment(Gun, Radio, Computer) 169 169 169 169 169 169 Data Processing-CAD/RMS 760 760 760 760 760 760 Training 293 293 293 293 293 293 Vehicle 2,289 2,289 2,289 2,289 2,289 2,289 Sub-Total: Direct Costs 3,812 3,812 3,812 3,812 3,812 3,812 Forensic Unit Support 1,373 1,373 1,373 1,373 1,373 1,373 Radio Division 5,306 5,306 5,306 5,306 5,306 5,306 Garage Unit 915 915 915 915 915 915 Sub-Total: Support Units 7,594 7,594 7,594 7,594 7,594 7,594 Department Administration: Budget/Accounting/Admin Support 1,312 1,312 1,312 1,312 1,312 1,312 Office of Professional Standards 472 472 472 472 472 472 Training & Polygraph Unit 1,726 1,726 1,726 1,726 1,726 1,726 Public Information Officer 359 359 359 359 359 359 Crime Analysis Unit 505 505 505 505 505 505 Clerical Support 939 939 939 939 939 939 Sub-Total: Dept.Admin. 5,313 5,313 5,313 5,313 5,313 5,313 Sheriffs Office Total 91,154 102,861 110,200 121,445 122,331 128,332 County Overhead " 6,091 6,091 6,091 6,091 6,091 6,091 Grand Total 97,245 108,952 116,291 127,536 128,422 134,423 *Salary figures are from 2003 Budget "COWCAP from Fiscal 2001 = 1,930,937 -minus Bldg. Deprec. -17,775 -minus Equip. Deprec. -365,583 -minus PSB Sq. Footage -177,018 1,370,561 position costs Attachment"B" 4/18/2003 LAW ENFORCEMENT SUPPORT UNITS Adjusted 2003 M/O 1,156,845 x 50% = 578,423 Telephone 72,968 x50% = 36,484 Fuel 178,600 x50%= 89,300 Equipment/Technology for 2003 176,690 x 50% = 88,345 Property Room/Records 743,811 x 50% = 371,906 Senior Administration & Sheriff 103,427 103,427 TOTAL L:E S U t j 2432,341 1;267;884. Amounts are estimate costs based on 2003 Budget-Adjustment for actual costs will be settled during Reconciliation per the contract. '50% is based on 2001 Calls for Service lesu Attachment"C" 4/18/2003 e ' of �o •o4ls'I> 1+ This Is to Certify thl ° a Me end • • Gti;,• correct col)"oy Witt e original document '/ No ‘.3- an file In the Co n v 3 02381 0 • Commissioners minutes of.3 // 200 NO. i� ,� date• • �2!-7a ay .f • 11:02,c1/493 ik�` ,E �' CLERK OF THE BOARD■ BEFORE THE BOARD OF COUNTY COMMISSiONERS OF SPOKANE COUNTY, WASHINGTON TN THE MATTER OF EXECUTING AN ) AGREEMENT AMONG SPOKANE ) COUNTY, SPOKANE COUNTY ) RESOLUTION SHERIFF AND THE CITY OF SPOKANE ) VALLEY REGARDING LAW ) ENFORCEMENT SERVICES AND ) OTHER MATTERS RELATED THERETO ) WHEREAS, pursuant to RCW 35.02, the City of Spokane Valley established midnight, March 31, 2003, as its official date of incorporation and upon that date commenced operations as a city; and WHEREAS, pursuant to chapter 35.02 RCW, as of the date of incorporation, local governmental authority and jurisdiction with respect to the newly incorporate area transferred from Spokane County to the City of Spokane Valley; and WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County Commissioners has the care of County property and the management of County funds and business; and WHEREAS, chapter 39.34 RCW (Interlocal Cooperation Act), authorizes counties and cities to contract with each other to perform certain functions which each may legally perform; and WHEREAS, pursuant to the provisions of chapter 36.28 RCW, the Sheriff of Spokane County is the Chief Law Enforcement Officer and conservator of the peace in Spokane County and shall have, among other responsibilities, the duty to arrest and commit to prison all persons who break the peace, or attempt to break it; and WHEREAS, pursuant to the provisions of RCW 35.02.220, law enforcement services shall be provided at no cost to the City of Spokane Valley for a period not to exceed 60 days from the official date of incorporation or until the City of Spokane Valley is receiving or could have begun receiving sales tax distributions under RCW 82.14.030(1), whichever is the shortest time period. The Parties acknowledge that the City of Spokane Valley shall have the legal responsibility to pay for law enforcement services as of 12:01 A.M. June 1,2003; and WHEREAS, the City of Spokane Valley desires to utilize the services of the Spokane County Sheriff's Office for the purpose of law enforcement services. Page 1 of 2 3 0238 ; NOW, THEREFORE, BE IT HEREBY RESOLVED by the Board of County Commissioners of Spokane County, that either the Chairman of the Board, or a majority of the Board, be and is hereby authorized to execute that document entitled "IN'TERLOCAL AGREEMENT FOR LAW ENFORCEMENT SERVICES IN THE CITY OF THE SPOKANE VALLEY" pursuant to which, under certain terms and conditions, the Spokane County Sheriff's Office will provide law enforcement services to the City of Spokane Valley. The projected cost for the reminder of 2003 is ELEVEN MCI A:CON FIVE HUNDRED THIRTY-SEVEN THOUSAND EIGHTEEN DOLLARS ($11,537,018.00). PASSED AND ADOPTED this Jt day of 71) L/ I , 2003. of coM�y�s., ∎1 BOARD OF COUNTY COMMISSIONERS 49 ; ):-14E'6fi,�.°L%.,, 111 OF SPOKANE, COUNTY, WASHINGTON h /# LILA / //II+ J ® �g 0- Il`,�'. c JO. t ROSKELLEY, Chair ATTEST: ``,�.`.. --�' / VICKY M. DALTON /",, CLERK OF TI-lIE BOARD �1�iiir A`/ '�'i •' D ARRIS, Vice-Chair ' t ^ 1 A l ' d "l_____:__Th aniela Erickson, Deputy M. KAT it CCASL.[N I-I:1Valley City'R esolutionslvalley-law enfc cement.doi Page 2 of 2