City Council

LAKEWOOD CITY COUNCIL STUDY SESSION AGENDA Monday, August 26, 2019 7:00 P.M. City of Lakewood City Council Chambers 6000 Main Street SW Lakewood, WA 98499 ________________________________________________________________ Page No. CALL TO ORDER ITEMS FOR DISCUSSION: (3) 1. Review Resolution of intent to adopt legislation to authorize a sales and use tax for affordable and supportive housing in accordance with Substitute House Bill 1406. – (Memorandum) (6) 2. Transportation Capital Improvement Program Update. – (Memorandum) (21) 3. Review of interlocal agreement for Multijurisdictional Civil Disturbance Team. – (Memorandum) ITEMS TENTATIVELY SCHEDULED FOR THE SEPTEMBER 3, 2019 REGULAR CITY COUNCIL MEETING: 1. Proclamation declaring September 11, 2019 as Patriot Day and Day of Remembrance. – Chief Mike Zaro, Lakewood Police Department and Chief Jim Sharp, West Pierce Fire & Rescue 2. Proclamation declaring September as Childhood Cancer Awareness Month. – Ms. Jill Douglas 3. Youth Council Report. 4. Clover Park School District Report. 5. Authorizing the execution of an interlocal agreement for participation in the Multijurisdictional Civil Disturbance Team. – (Motion – Consent Agenda) 6. Authorizing the execution of an interlocal agreement with Pierce County for the American Lake- Lake Management District No.1 billing services. – (Motion – Consent Agenda) The Council Chambers is accessible to persons with disabilities. Equipment is available for the hearing impaired. Persons requesting special accommodations or language interpreters should contact the City Clerk, 253-983-7705, as soon as possible in advance of the Council meeting so that an attempt to provide the special accommodations can be made. http://www.cityoflakewood.us Lakewood City Council Agenda -2- August 26, 2019 Page No. 7. Authorizing the execution of an interlocal agreement with Clover Park School District for the purchase of fuel. – (Motion – Consent Agenda) 8. Appointing Independent Salary Commission members. – (Motion – Consent Agenda) 9. Appointing American Lake – Lake Management No. 1 Advisory Committee members. – (Motion – Consent Agenda) 10. Appointing John Mayfield to serve on the Community Services Advisory Board through December 15, 2020. – (Motion – Consent Agenda) 11. Declaring the intent to adopt legislation to authorize a sales and use tax for affordable and supportive housing in accordance with Substitute House Bill 1406. – (Resolution – Consent Agenda) 12. This is the date set for a public hearing to consider the vacation of 87th Street right-of-way between Durango Street SW and Sound Transit rail lines. – (Public Hearings and Appeals – Regular Agenda) 13. Nisqually Jail Update. – (Reports by the City Manager) REPORTS BY THE CITY MANAGER CITY COUNCIL COMMENTS ADJOURNMENT The Council Chambers is accessible to persons with disabilities. Equipment is available for the hearing impaired. Persons requesting special accommodations or language interpreters should contact the City Clerk, 253-983-7705, as soon as possible in advance of the Council meeting so that an attempt to provide the special accommodations can be made. http://www.cityoflakewood.us  Return to Agenda TO: Mayor and City Council From: Tiffany Speir, Planning Manager THROUGH: John Caulfield, City Manager Date: August 26, 2019 Subject: Resolution declaring the intent to adopt legislation authorizing a Sale and Use Tax for Affordable and Supportive Housing in accordance with SHB 1406 In Substitute House Bill 1406, “Affordable and Supportive Housing – Local Sales and Use Tax,” the state approved a revenue sharing program for local governments. The program provides up to 0.0146% in local sales and use tax credited against the state sales tax for housing investments - it does not increase the sales tax for the consumer. The tax credit is available in increments of 0.0073%, depending on the imposition of other local taxes and whether Pierce County also takes advantage of the credit. The Council discussed, and expressed support for, this Resolution during the August 12 economic development update. The Resolution has no fiscal impact; however, if the Council takes action to adopt Ordinances to enact a qualifying local tax(es) and a Sale and Use Tax for Affordable and Supportive Housing within the time limits set in SHB 1406, the City could receive either up to $1.745M or up to $3.490M for such housing over twenty years. 3  Return to Agenda ATTACHMENT A RESOLUTION NO. ________ A RESOLUTION DECLARING THE INTENT OF THE LAKEWOOD CITY COUNCIL TO ADOPT LEGISLATION TO AUTHORIZE A SALES AND USE TAX FOR AFFORDABLE AND SUPPORTIVE HOUSING IN ACCORDANCE WITH SUBSTITUTE HOUSE BILL 1406 (CHAPTER 338, LAWS OF 2019), AND OTHER MATTERS RELATED THERETO. WHEREAS, in the 2019 Regular Session, the Washington State Legislature approved, and the Governor signed, Substitute House Bill 1406 (Chapter 338, Laws of 2019) (“SHB 1406”); and WHEREAS, SHB 1406 authorizes the governing body of a city or county to impose a local sales and use tax for the acquisition, construction or rehabilitation of affordable housing or facilities providing supportive housing, and for the operations and maintenance costs of affordable or supportive housing, for cities of 100,000 or less; or, if eligible, for providing rental assistance to tenants; and WHEREAS, the tax will be credited against state sales taxes collected within the City of Lakewood, and, therefore, will not result in higher sales and use taxes within the City of Lakewood and will represent an additional source of funding to address housing needs in the City; and WHEREAS, the tax must be used to assist persons whose income is at or below sixty percent of the City of Lakewood median income; and WHEREAS, the City of Lakewood has a 2017 median family income of $58,266, a median nonfamily income of $29,380, a median household income of $47,636, and a 19.3% poverty rate, and has determined that imposing the sales and use tax to address this need will benefit its citizens; and WHEREAS, in order for a city or county to impose the tax, within six months of the effective date of SHB 1406, or January 28, 2020, the governing body must adopt a resolution of intent to authorize the maximum capacity of the tax, and within twelve months of the effective date of SHB 1406, or July 28, 2020, must adopt legislation to authorize the maximum capacity of the tax; and 4  Return to Agenda WHEREAS, this Resolution constitutes the resolution of intent required by SHB 1406; and WHEREAS, the Lakewood City Council now desires to declare its intent to impose a local sales and use tax as authorized by SHB 1406 as set forth herein; NOW, THEREFORE, BE IT RESOLVED BY THE LAKEWOOD CITY COUNCIL AS FOLLOWS: Section 1. Resolution of Intent. The Lakewood City Council declares its intent to adopt legislation to authorize the maximum capacity of the sales and use tax authorized by SHB 1406 within one year of the effective date of SHB 1406, or by July 28, 2020. Section 2. Further Authority; Ratification. All City of Lakewood officials, their agents, and representatives are hereby authorized and directed to undertake all action necessary or desirable from time to time to carry out the terms of, and complete the actions contemplated by, this Resolution. All acts taken pursuant to the authority of this Resolution but prior to its effective date are hereby ratified. Section 3. Effective Date. This Resolution shall take effect immediately upon passage by the City Council. ADOPTED by the Lakewood City Council in open meeting this 3rd day of September, 2019. CITY OF LAKEWOOD _______________________________ Don Anderson, Mayor Attest: _______________________________ Briana Schumacher, City Clerk Approved as to Form: _______________________________ Heidi Ann Wachter, City Attorney 5  Return to Agenda To: Mayor and City Councilmembers From: Paul A. Bucich, P.E., Public Works Engineering Director Weston Ott, P.E., Capital Projects Division Manager Via: John Caulfield, City Manager Subject: Transportation Capital Improvement Program Update Date: August 26, 2019 The purpose of this memorandum is to provide the City Council with an update on the transportation projects currently under design and construction in 2019 and the planned design and construction of transportation projects in 2020. Since the City Council recently reviewed the capital budget as part of the 2019/2020 biennial budget, unless there are known scope, schedule, or budget issues since approval of the budget, funding will not be addressed in this memo. 2019 Design and Construction Projects Public Works Engineering has four re-occurring programs that we perform on an annual basis: LED Street lights – for 2019 we have completed the 2018 contracted work in the South Gate neighborhood, areas to the east of Fort Steilacoom Park and Lake Steilacoom from Angle Lane and Steilacoom Boulevard, and limited areas in Oakbrook. We are evaluating installing lights in the Clover Creek Dr. neighborhood and Oakbrook neighborhood as new work in 2019 under existing contracts with TPU and PSE. Currently we have installed approximately 340 new LED lights. Neighborhood Traffic Control Program – in 2019 we have installed two radar speed signs on the west side of the 104th Street hill and have ordered two radar signs for traffic calming along Elwood Drive adjacent to the Fort Steilacoom Park, these recently arrived and will be scheduled for install. We have used solar power for these signs where appropriate. Minor Capital – this program historically funds the pavement patching work and the roadway striping as well as small projects as they arise throughout the year. We have completed the 112th and Gravelly Lake Drive rockery and landscaping. Roadway paint striping has been completed, contracted through Pierce County. In addition maintenance was done to Interlaaken Bridge to replace aged timbers. Roadway patching has been completed throughout the City in 2019 and was coordinated with O&M. Chip Seal – the focus in 2019 for the chip seal program was on the Lake City area north of Veterans Dr. and it is complete. After evaluating funding, Zircon Drive in Oakbrook was added to the 2019 chip seal program, and this work has been completed as well. PAGE 1 6  Return to Agenda Public Works Engineering 2019 Budgeted Design and Construction projects: Gravelly Lake Drive – Bridgeport Way to Steilacoom (road diet) This project was completed in July 2019. Added to this project was the signal video detection at Bridgeport Way and Steilacoom Blvd. 123rd Street – Bridgeport Way to 47th Avenue. Construction is nearly complete with the full rebuild and extension of 123rd from Bridgeport Way to 47th. This has created a vital connection to residents and future businesses on 47th Avenue. 100th and Lakewood Drive Traffic Signal Replacement – Design. Design is underway on this important signal replacement project. The project will replace the existing span wire signal with a pole and mast arm signal and move the poles back to accommodate both vehicle turning movements and ADA pedestrian ramps. This project requires rights-of-way acquisition. In addition, the missing sidewalk frontage from Chick-a-Fillet to Lakewood Dr. will be added. It is planned to go to advertisement in the fall of 2019 with construction occurring in 2020. Colonial Center Plaza Project. This project is nearly complete and has transformed Motor Avenue from Whitman Ave SW to Gravelly Lake Dr SW from a typical two-lane roadway, often used to cut through between major roadways, to a complete street that provides access to local businesses and a community gathering space and economic spur for redevelopment of underutilized property adjacent to the roadway. The remaining work includes catenary lighting, minor landscaping and punch list items. The City of Lakewood will hold a ribbon cutting ceremony on September 14, 2019. Custer Road Overlay – Steilacoom/88th St SW to John Dower Road SW. Construction is complete for this curb to curb grind and overlay of Custer Road between Steilacoom/88th St SW to John Dower Road SW, plus the addition of the section from John Dower to 300’ west of Bridgeport Way. Veterans Drive – Gravelly Lake Drive to American Lake Park/Veterans Admin. Entrance A major project for PWE is the design of the new roadway section from the entrance to the Veterans Administration hospital to Gravelly Lake drive along Veterans Drive. A consultant has been selected, survey and geotechnical investigation are complete, a public open house has been held, an update to the Council was done in August, and 30% design is expected to be completed by the end of August 2019. The target is to be ready to advertise in January/February of 2020 with construction shortly thereafter. Onyx Drive – 97th to 87th; Garnet to Phillips Rd. A second major project for PWE is the design of Onyx Drive SW from 97th to 87th and Garnet to Phillips road. Currently a consultant has been selected, survey and geotechnical investigation are complete, and design has started with a review of the 30% design upcoming. Steilacoom Boulevard – Weller to Phillips Road SW– Design and Rights-of-Way acquisition. Within this single stretch of roadway, we will be completing the overall project design and rights-of-way acquisition. The project has currently been surveyed and we are at a 60% design level, offers to owners will begin 4th quarter 2019. Steilacoom Boulevard/88th St. – Weller Road SW to Custer Road Overlay The overlay design for these two roadways is currently underway. The City recently received approval of the NEPA environmental documents. The design and funding obligation will be completed by December 2019, with advertisement in January/February 2020. Other 2019 PWE Supported Projects: Minor Capital - GLD/112th Rock Wall Interlaaken Bridge Strike Repair Interlaaken Bridge Maintenance PAGE 2 7  Return to Agenda Other 2019 PWE Supported Projects (continued): N. Thorne Ln. Sewer Extension Ft. Steilacoom Park Sewer and Water Grant Submittals 2019: 111th/112th: Bridgeport Way to Kendrick St. – Sound Transit System Access Funds - $1,040,000 requested Lakewood Dr. Sidewalks: Steilacoom Blvd. to Flett Crk. – TIB* - $ 540,000 requested 100th St.: Lakeview Ave. to S. Tacoma Way – TIB - $2,712,000 requested Custer Rd.: Bridgeport Way to Lakewood Dr. – TIB - $3,068,000 requested *Transportation Improvement Board (TIB) 2020 Design and Construction Projects Non-Motorized Trail: Gravelly Lake Dr. – Washington Blvd. to Nyanza Rd. SW – Design This project will create a complete street similar to previous phase of Gravelly Lk. Dr. with construction anticipated in 2021. The design work will be done in-house with survey and geotechnical professional services contracted. 108th St. Overlay: BPW to Pacific Highway – Design This will be the design work ahead of an overlay in 2021. 100th and Lakewood Drive Traffic Signal Replacement – Construction. It is planned to advertisement and construct in 2020. Steilacoom Boulevard – Farwest Dr. to Phillips Road SW– Design and Rights-of-Way acquisition. Within this single stretch of roadway, we will be completing the overall project design and managing two rights- of-way acquisition projects. This work will be the basis for future improvements from Farwest Dr. to Weller Rd. that are unfunded for construction at this time. PWE will pursue future grants for construction. Steilacoom Boulevard – Weller Road SW to Custer Road – multiple projects. Within this single stretch of roadway, we will be managing between three and four projects. Overall, the nature of the work will be to build a complete street that includes new driving surface (overlay in 2020), sidewalks (2020/2021), street lights (2020/2021), and retaining walls where necessary. Veterans Drive – Gravelly Lake Drive to American Lake Park/Veterans Admin. Entrance The target is to be ready to advertise in January/February of 2020 with construction to begin shortly thereafter. It is anticipated at this time that the work will be between Gravelly Lake Dr. and American Lake Park, however if bid prices are below the budgeted amount, adding the improvements from American Lake Park to Veterans Administration will be considered. Onyx Drive – 97th to 87th; Garnet to Phillips The target is to be ready to advertise in March/April of 2020 with construction to begin after school lets out as the neighborhood is served by both Clover Park and Steilacoom School districts. Planned Grant Submittals 2020: In 2020, grant opportunities include up to six projects for PSRC funding, with the construction funds for the remaining portion of Steilacoom Blvd. corridor already identified. The City will continue to pursue grant funding opportunities for Washington Blvd. from Gravelly Lake Dr. to Edgewood Dr. This may include either the Defense Community Infrastructure Program or the Washington State Defense Community Compatibility Account depending upon if these programs are funded. For the Transportation Improvement Board (TIB) grant program, agencies are typically recommended to submit three projects. In 2020 PWE will evaluate the unfunded project list shown in the 2019/2020 budget for grant eligibility and probability of funding. PAGE 3 8  Return to Agenda City of Lakewood Transportation Capital Improvement Project Update Weston Ott, P.E. Public Works Engineering August 26, 2019 9  Return to Agenda Design and Construction 2019 10  Return to Agenda Transportation Photos Colonial Plaza (Motor Ave.) 11  Return to Agenda Transportation Photos 123rd St.: Bridgeport Way to 47th Ave. 12  Return to Agenda Transportation Photos Gravelly Lake Dr. at 59th 13  Return to Agenda Transportation Photos Custer Rd. at 88th St. 14  Return to Agenda Transportation Photos 2019 Chip Seal Typical 15  Return to Agenda Transportation Photos Radar Feedback Signs 16  Return to Agenda 2020 Design and Construction 17  Return to Agenda Future Street Lighting Locations 18  Return to Agenda City of Lakewood Public Works – Transportation 19  Return to Agenda City of Lakewood Public Works – Transportation Questions 20  Return to Agenda TO: Mayor and City Council From: Mike Zaro, Police Chief THROUGH: John Caulfield, City Manager Date: August 26, 2019 Subject: Review Interlocal Agreement with the Cooperative Cities for participation in the Civil Disturbance Team. RECOMMENDATION: It is recommended that the City Council enter into the agreement with the Cooperative Cities. DISCUSSION: Civil disobedience as a form of public demonstration has become more and more commonplace over the last several years. We had experienced several in Lakewood in 2015 after a controversial officer involved shooting. These types of demonstrations can involve large groups of people and include volatile and disruptive behavior. Managing these unpredictable incidents requires a specific set of skills, tools, and training. In order for Lakewood and other Cooperative Cities to meet this need, a Civil Disturbance Team was formed. Due to inadequacies in other Cooperative Cities agreements, a new agreement was drafted that included provisions for management and operations of the team as well as indemnification. A suspension of full team activies has been in place pending ratification of a new agreement. ALTERNATIVE(S): Alternative 1: Lakewood would maintain a small element for response to Civil Disturbances only in Lakewood. For any large scale incidents we would need to rely on mutual aid from either the State Patrol or City of Tacoma. Alternative 2: Lakewood would disband their team and rely solely on mutual aid from Tacoma or State Patrol (if available). FISCAL IMPACT: As we would not expand our participation beyond what we already do, there would be no fiscal impact other than overtime accrued during activation. 21  Return to Agenda INTERLOCAL COOPERATION AGREEMENT FOR MULTIJURISDICTIONAL CIVIL DISTURBANCE TEAM WHEREAS, incidents of civil unrest often require officers with specialty training and equipment in excess of what an individual law enforcement agency can reasonably provide on its own; and WHEREAS, these incidents can often be effectively resolved via the cooperation and collective effort of multiple jurisdictions; NOW, THEREFORE, THIS AGREEMENT is made under the Interlocal Cooperation Act (Chapter 39.34 RCW) and the Mutual Aid Peace Officers Powers Act (chapter 10.93 RCW) between the Cities of Bonney Lake, Fife, Milton, Orting, Puyallup, Lakewood, and Sumner (the "Signatory Agencies"). Through this agreement, the Signatory Agencies agree to provide mutual aid and support for a multijurisdictional Civil Disturbance Team (“CDT”) as provided herein. Section 1. Definitions For the purposes of this Agreement and all exhibits attached hereto the following terms, phrases, words and their derivations shall have the meanings given herein. Words not defined shall be given their common and ordinary meaning. The word "shall" is always mandatory and not merely directory. A. Call Out means any use or mobilization of the Civil Disturbance Team following the request of the Chief Law Enforcement Officer of any Signatory Agency pursuant to the terms of this Agreement. B. Chief Law Enforcement Officer means the director of public safety or police chief. C. Host Agency means the Signatory Agency designated to maintain a single CDT operational budget. D. Incident Commander means the representative appointed by the agency with primary geographic/territorial jurisdiction to serve as the overall commander of the CDT during the callout. E. Oversight Committee (“OC”) means the Executive Board composed of the Chief Law Enforcement Officer (or his/her designee) from each of the Signatory Agencies. F. Primary Geographic or Territorial Jurisdiction means the territorial boundaries of the city, town, or other public agency or unit of local government in which a law enforcement agency is authorized to act. Such jurisdiction includes the definition contained in RCW 10.93.020, as now enacted or here after amended. Page 1 of 16 22  Return to Agenda G. Primarily Responsible Agency means the law enforcement agency within whose local geographic or territorial jurisdiction a call out occurs, if it occurs within a Signatory Agency jurisdiction. If the call out takes place outside the geographic or territorial jurisdiction of a Signatory Agency, then the term shall mean the Signatory Agency who requested the call out. H. Requesting Agency means a law enforcement agency that has requested assistance from the CDT. I. Signatory Agency means a city or town that is a signing party to this Interlocal Agreement. J. Team Commander means the individual responsible for directing the tactics and deployment of the CDT during callouts. Section 2. Objective The primary objective of the CDT is to respond effectively and appropriately to public demonstrations, riots, protests, or other incidents of civil disturbance that create a risk to public safety and are not easily managed with a standard patrol response. Section 3. Governance of the CDT A. Executive Board - Oversight Committee: The management and affairs of the CDT operating under this Agreement shall be governed by an Executive Board, known as the Oversight Committee (“OC”). The OC is composed of one representative member, consisting of the Chief Law Enforcement Officer or his/her designee, from each Signatory Agency. B. Chair of the OC: The OC shall elect a Chair by majority vote at its first meeting. The Chair shall serve a 2-year term, after which the OC will hold another vote to elect a Chair for the next 2-year term. There is no limit to the number of terms an individual may serve as Chair. The Chair shall be responsible for leading discussion, preparing an agenda, and generally overseeing the operation of the OC, but has no additional voting authority as a result of his/her role as Chair. C. Normal Voting: Each member of the Oversight Committee shall have one vote for all committee decisions on which a vote is required or taken. Except in emergency circumstances as outlined below, voting shall only be allowed in-person, at a properly-scheduled OC meeting. No absentee, proxy, electronic, or telephonic voting shall be allowed. All decisions, except those related to the CDT Policy and Procedures Manual, shall be made by simple majority vote of OC members appearing at the meeting during which the vote is taken. All decisions regarding changes to the CDT Policy and Procedures Manual will require a unanimous vote from all OC members. Page 2 of 16 23  Return to Agenda D. Emergency Voting: If the Chair determines a vote is required on an emergency matter, and that the vote must take place sooner than a meeting can reasonably be scheduled, the Chair may call for a vote via email. In such a circumstance, the Chair must send an email with each member of the OC copied. The email shall (1) describe the background and nature of the issue, (2) describe the reasoning for calling an electronic vote, and (3) clearly state the motion presented for a vote. Each OC member shall have 24 hours to respond to the email and indicate their vote on the matter. A member’s vote should clearly and unequivocally state whether it is in favor or against the motion. The motion shall only pass if, at the end of the 24-hour period, a majority of the OC members have voted in favor. E. Quorum: No vote shall take place at any meeting unless a majority of the Oversight Committee is present. F. OC Adopts Policies/Procedures: The OC may, at its discretion, adopt policies, procedures and regulations applicable to the CDT’s operations and structure, consistent with best practices. In addition, the OC may adopt standards for qualification and selection to the Team, and subsequent training required for continued participation on the Team. 1. Any policies and procedures adopted by the OC must be signed by each OC member and the Chief Law Enforcement Officer of each Signatory Agency if someone other than the Chief Law Enforcement Officer is that agency’s representative on the OC. 2. Following the adoption, modification, or removal of any policy or procedure, the OC shall forward notice of the change to each Signatory Agency, along with an updated copy of the applicable policy/procedure/regulation, if applicable. G. Meetings and Attendance: At minimum, the OC shall meet once a quarter. Each meeting shall be scheduled at least 30 days in advance, except in extenuating circumstances. Scheduling shall be coordinated by the Chair of the OC, who shall make every effort to ensure the meetings occur at times convenient for all members. Each member shall make all reasonable efforts to attend regularly-scheduled OC meetings in person. As indicated in section 3.C, no absentee, proxy, electronic, or telephonic voting shall be allowed except as outlined in section 3.D above. Section 4. Operation of the CDT A. Governing Policies and Procedures: During a callout, members of the CDT will be governed by, and act in accordance with, the CDT policies and procedures approved by the OC. To the extent the policies/procedures/regulations of the CDT conflict with those of the individual jurisdictions, the CDT versions will apply to all CDT activities. Page 3 of 16 24  Return to Agenda B. Team Structure: The goal of the CDT is to have an initial twenty (20) operators and two (2) Team Commanders. 1. Tactical Personnel: The CDT shall be comprised of the following number of members from the Signatory Agencies. It is understood and intended the number and distribution of personnel may be adjusted at a later time by a vote of the Oversight Committee. - Puyallup: 4 operators - Fife: 4 operators and 1 commander - Sumner: 2 operators - Milton: 1 operator - Lakewood: 8 operators and 1 commander - Dupont: - Steilacoom: - Orting: - Bonney Lake: 2. Vacant Positions: When subsequent attrition occurs in the CDT, vacancies shall be filled based on criteria and processes approved by the OC. 3. Team Commander – Selection and Term: The OC shall select two (2) Team Commanders by majority vote. Each individual selected as Team Commander shall agree to serve in the position for at least three (3) years. Following the expiration of the 3-year term, the OC may determine to extend the term of one or both Team Commanders for a longer period of time. The OC may extend the term of one or both Team Commander/s for a fixed period of time, or may allow one or both Team Commander/s to continue in the role/s indefinitely. The OC may, by majority vote, replace one or both Team Commanders for any reason. The OC shall determine the qualifications for the position of Team Commander, and the method by which team members may be nominated and/or considered for each position. C. Incident Commander – Role and Authority: For every CDT activation/callout, an Incident Commander shall be appointed by the Primarily Responsible Agency. The Chief Law Enforcement Officer of the Primarily Responsible Agency shall notify the Team Commander of the individual being appointed as Incident Commander for that activation/callout. The Incident Commander holds final authority for all aspects of a CDT activation/ callout, including developing incident objectives, managing all incident operations, application of resources, and responsibility for all persons involved in the incident. Page 4 of 16 25  Return to Agenda D. Team Commander – Role and Authority: The Team Commander reports to, and is under the direct command of, the Incident Commander at any CDT activation/callout. The Team Commander shall be responsible for the tactical application of CDT personnel and resources to accomplish the objectives established by the Incident Commander. E. Primary/Secondary Team Commander Selection and Authority: For each CDT activation/callout, one of the Team Commanders shall be identified as the primary Team Commander. The primary Team Commander shall have the authority of the Team Commander for that activation/callout. The Team Commander not identified as the primary will provide advice and support to the primary Team Commander. The OC shall adopt a method or process by which the primary Team Commander is selected for each activation/callout, and shall notify the Team Commanders of that method or process. The Team Commanders shall abide by the method or process established by the OC, unless and until the OC approves an alternative method or process. Section 5. Activations/Call Outs A. Request For Assistance: In the event that the Chief Law Enforcement officer of a Signatory Agency (or his/her designee in times of his/her absence) determines the Signatory Agency has a need for the services of the CDT, he/she shall contact one of the Team Commanders and make the request for assistance. He/she shall provide any relevant information requested by the Team Commander/s. B. Acceptance/Denial – Response – Withdrawal: The Team Commander(s) shall determine whether the request for assistance is within the scope of the capabilities of the CDT. The Team Commander(s) shall have the authority to deny the request for assistance. If the Team Commander(s) determine the CDT will respond to the request, the Team Commander(s) shall determine the number and type of CDT personnel, equipment, and other resources needed. The Team Commander(s) shall have the authority to withdraw the CDT from any incident at any time he/she determine/s the incident no longer fits within the scope of the CDT. C. Emergency Withdrawal of Single Agency From Activation/Callout: The Chief Law Enforcement officer of a Signatory Agency, or his/her authorized representative, may withdraw all of that agency’s personnel/services from an activation/callout if an emergency, major incident, or major crime event occurs within that jurisdiction that requires additional personnel to safely and appropriately resolve. In general, however, each Signatory Agency shall direct CDT members in its employ to respond to an activation/callout as promptly and fully as possible. Withdrawal of a Signatory Agency from an incident shall not affect that agency’s financial responsibilities for any cost incurred by the CDT during the incident. Page 5 of 16 26  Return to Agenda Section 6. Budgeting and Cost-Sharing A. Host Agency: For purposes of general administration, the OC shall designate one (1) Signatory Agency as the Host Agency. The Host Agency will be responsible for maintaining the budget approved by the OC, as well as all budget-related records and receipts. B. Annual Operating Budget 1. By June 1 of each year, the Team Commanders shall submit a proposed annual budget to the OC. The budget should include all reasonably- anticipated training, equipment, and other operational costs for the following calendar year. The OC will consider the proposed budget at its next regularly-scheduled meeting. 2. By December 31 of each year, the OC shall adopt a proposed budget for the following calendar year by majority vote. The budget should include all reasonably-anticipated training, equipment, and other operational costs for the following calendar year. Once adopted, that budget will be the official budget of the CDT for the relevant calendar year, subject to change only by a majority vote of the OC. 3. Each Signatory Agency hereby agrees to be liable for its proportional share of any OC-approved annual budget. Each member of the OC shall be responsible for submitting his/her agency’s proportional share of the budget to his/her agency’s budgeting process, and ensuring payment for that share is deposited into the account maintained by the Host Agency. C. Proportional Share of Operational Costs: The share of the annual CDT budget for which each Signatory Agency will be responsible is equal to the percentage of each Signatory Agency’s population to the total population of all Signatory Agencies, per the most recent Washington Office of Financial Management (OFM) estimate as of December 1 of the calendar year prior to which the budget applies. The percentage of each Signatory Agency’s share shall be calculated to two decimal points (i.e., 1/100th of one-percent, without rounding). Any added amount necessary to bring the total to 100% after tabulation shall be added to the share of the Signatory Agency with the largest population. D. Certain Costs/Expenses Not Shared: The following costs/expenses of participation in the CDT are to be borne solely by the individual Signatory Agency to which the cost accrues 1. Regular pay and benefits for any Team Member; 2. Overtime pay for any Team Member; 3. The cost of outfitting an individual Team Member for participation on the Page 6 of 16 27  Return to Agenda team, including uniform, boots, gloves, helmet, other clothing-type items, individual weapon, and weapon-related accessories (suppressors, scopes, etc.); 4. Fuel for agency vehicles used to transport a Team Member to/from a call out; 5. Damage, including wear and tear, on agency-owned vehicles not used exclusively for CDT operations (i.e., patrol cars, etc.); E. Training Costs: Costs for CDT-specific training for Team functions shall be included in the annual operational budget. The Team Commander shall have the authority to coordinate and schedule training within the budget, and approve any requests for CDT-specific training submitted by Team Members. Unless otherwise approved by the OC, individual training for Team Members shall be the sole responsibility of the Signatory Agency that employs that Team Member. F. Emergency Expenses. If, during an incident to which the CDT has responded, the Team Commander determines an emergency expense is necessary to the continued participation of the CDT, the Team Commander shall inform the Incident Commander of the necessary expense and the basis therefore. The Incident Commander shall authorize or decline the expense. If the Incident Commander authorizes the expense, payment of that expense shall be the sole responsibility of the Signatory Agency employing the Incident Commander. G. Consumables Used During a Callout: The cost to replace consumable goods/equipment used during a particular activation/callout shall be the sole responsibility of the Requesting Agency for that activation/callout. Perishable goods/equipment includes, but is not limited to, chemical munitions, first aid supplies, and so on. Within a reasonable amount of time after the callout, the OC shall provide the Requesting Agency an accounting of any and all consumable items for which CDT is seeking reimbursement, and the Requesting Agency shall remit payment to via the Host Agency with a reasonable time after receiving the accounting. H. Funds Remaining at End of Budget Cycle: Signatory Agencies agree that any money left over from any calendar year shall remain in the CDT general account to supplement/augment continuing CDT operations. Signatory Agencies shall provide a record of all direct and other costs to the Host Agency. I. Audit Rights of Signatory Agencies: Each Signatory Agency shall have the right to conduct an audit of the CDT budget and account/s at any time. J. Annual Report: An annual report of all CDT activities during a calendar year shall be provided to each Signatory Agency by April 1 of the following calendar year. This report shall include the following: Page 7 of 16 28  Return to Agenda 1. A tabulation of the number and nature of call outs and any other Team activity; and 2. A tabulation of the personnel and respective jurisdiction at each call out; and 3. A summary of the command positions assumed by personnel and their respective jurisdiction at each call out, including Incident Commander, Team Commanders, etc.; and 4. A summary of any policy changes and the inclusion of a copy of the signed policy; and 5. A copy of the operational budget. Section 7. Claims – Notice and Processing A. Notice of Claim: In the event a claim is filed against a Signatory Agency or its employees for actions arising from their conduct on behalf of the CDT, the Signatory Agency shall promptly notify the other Signatory Agencies that the claim has been initiated. Any documentation, including the claim or legal complaints, shall promptly be provided to each Signatory Agency. B. Designation of Lead Jurisdiction: There shall be a lead jurisdiction for processing any claim filed with a Signatory Agency for alleged damages/injuries that occur as a result of CDT activities. The lead jurisdiction shall be the jurisdiction that served as the Primarily Responsible Agency for the incident during which the action subject to the claim took place. If the claim involves acts/omissions that did not occur during a CDT call out, the lead jurisdiction shall be the jurisdiction that employs the individuals whose actions/omissions serve as the basis for the claim. If allegations are made against more than one Signatory Agency, or the employees of more than one Signatory Agency, the OC shall determine the lead jurisdiction for a claim by majority vote. C. Assistance Responding to Claims: All CDT personnel shall assist the lead jurisdiction, and anyone working on behalf of that jurisdiction with regard to any claim, in responding to the claim and providing relevant records. These records shall include, but are not limited to, incident reports, notes, transcripts, photos, evidence logs, recorded statements, documents from emergency dispatch centers, and warrants from all jurisdictions that participated in the action subject to the claim. Whenever necessary, the Team Commander/s shall assist in coordinating the provision of any records, and communications with any Team Member. D. Claims of $7,500 or Less 1. Lead Jurisdiction Responsibilities: The lead jurisdiction shall be responsible for gathering records relating to the claim. The lead jurisdiction shall provide Page 8 of 16 29  Return to Agenda records to its insurance provider or risk-pooling organization, and shall assist the same in assessing liability for acts associated with the claim. The lead jurisdiction shall notify the other jurisdictions of any determinations as to payment of the claim. In determining whether a claim should be paid, the lead jurisdiction and its insurance provider or risk-pooling organization shall, at a minimum, consider the potential legal defenses to the claim and the costs of defending the claim. 2. Payment of the Claim - Apportionment of Payment: The lead jurisdiction, with the assistance of its insurance carrier or risk-pooling organization, shall determine whether payment of the claim would be in the best interest of the Signatory Agencies. In the event the lead jurisdiction determines payment of a claim of $7,500 or less is appropriate, such determination shall be final and binding upon the other Signatory Agencies, and payment shall be apportioned equally among all Signatory Agencies. The lead jurisdiction shall provide full payment to the claimant, and the remaining Signatory Agencies or their insurers shall reimburse the lead agency for their respective shares. Prior to the payment of any claim, and as a condition of such payment, the lead jurisdiction shall obtain from the claimant a complete and total release of liability on behalf of all Signatory Agencies and each and every officer, agent, or volunteer of those agencies. 3. Denial of the Claim: In the event the lead jurisdiction determines payment of the claim would not be in the best interest of the Signatory Agencies, the lead jurisdiction shall notify the other Signatory Agencies, and that determination shall be binding on the other Signatory Agencies; PROVIDED, another Signatory Agency that determines payment is appropriate may pay such claim in full, but shall not be entitled to any reimbursement from the other Signatory Agencies. E. Claims over $7,500: The lead jurisdiction shall coordinate communication among all Signatory Agencies to discuss any claim over $7,500, and to determine, with input from the involved insurance carriers or risk-pooling organizations, the appropriate manner in which to respond to such a claim. This communication may occur in person, by phone, or by email where appropriate. Section 8. Litigation - Process – Cost Sharing A. General Intent: It is the intent of the Signatory Agencies to provide and receive services of the CDT without the threat of liability to one another, and to fully cooperate in the defense of any claims or lawsuits arising out of or connected with any CDT action. It is the intent of the Signatory Agencies that they share equally in the financial burden of litigation regarding CDT activities. The costs to be equally shared include, but are not necessarily limited to, costs of defense, compensatory damages, and any attorney’s fees awarded. The Signatory Agencies intend this cost- sharing to apply in all circumstances, regardless which Signatory Agency employs Page 9 of 16 30  Return to Agenda any individual team members whose actions or omissions are at issue in the litigation. The remainder of the liability-sharing portion of this agreement should be interpreted consistent with this intent. B. Notification to Other Signatory Agencies: In the event a Signatory Agency is served with a lawsuit alleging any act or omission by any Team Member, Team Commander, or Signatory Agency, undertaken on behalf of the CDT, that Signatory Agency shall provide timely notice and documentation of the lawsuit to each of the other Signatory Agencies. The Signatory Agency that initially receives the lawsuit shall also schedule a meeting with all Signatory Agencies to discuss the lawsuit and to determine, with input from the insurer for each Signatory Agency, the appropriate manner in which to respond to and/or defend the lawsuit. Nothing in the Agreement shall be deemed a waiver by any Signatory Agency of the requirements set forth in Chapter 4.96 RCW, and the fact that a Signatory Agency provides notice or copies of a claim to another jurisdiction shall not constitute a waiver of the requirement that a party who files suit against a jurisdiction first file a claim with the jurisdiction in accordance with Chapter 4.96 RCW. Moreover, nothing in this Agreement shall be deemed acceptance of service of a lawsuit, and the fact that a Signatory Agency provides notice or copies of a lawsuit to another jurisdiction shall not be deemed adequate service of such lawsuit. C. Costs of Defense: The cost of defense of any claim brought against any Signatory Agency or its employees for any act or omission undertaken on behalf of the CDT shall be shared equally among the Signatory Agencies. The Signatory Agencies recognize this equal sharing of liability is different than the proportional sharing of budgeted expenses described above. This equal sharing of litigation costs shall apply regardless whether any Signatory Agencies are represented jointly. D. Joint Representation Encouraged: In the event of litigation against a Signatory Agency or its employees for any act or omission undertaken on behalf of the CDT, the Signatory Agencies are encouraged to select a single attorney to coordinate and conduct the defense. The Signatory Agencies recognize that joint representation improves access to records and personnel, improves communication among agencies and personnel, and minimizes the overall costs of defense. It is generally intended that Signatory Agencies and their employees will agree to joint defense, except in cases of bona fide conflict, as described in the next section. E. Conflict Counsel – Cost-Sharing: In the event any attorney retained to represent any individual of Signatory Agency in any CDT-related litigation determines conflict counsel should be appointed for any individual or Signatory Agency, that individual or Signatory Agency shall be entitled select their own conflict counsel, with the input of the relevant insurance carrier or risk-pooling organization. The costs of any conflict counsel shall be shared equally among the Signatory Agencies. F. Dismissal From Lawsuit – Continued Cost-Sharing: In the event a Signatory Agency or its employee/s is/are successfully withdrawn or dismissed from a lawsuit, that Signatory Agency shall nonetheless be required to pay its equal share of any Page 10 of 16 31  Return to Agenda subsequent and continued litigation costs. G. Settlement – Procedure - Effect 1. Settlement Procedure: Any Signatory Agency receiving a settlement offer or demand in any action or proceeding arising from CDT activity shall immediately notify the other Signatory Agencies of that offer/demand, including the particulars thereof. Such Signatory Agency shall consult with the other Signatory Agencies and their insurance carrier/s or risk-pooling organization/s prior to making any settlement decision. 2. Individual Settlement Decisions Discouraged: It is the intent of this Agreement that the Signatory Agencies act in good faith on behalf of each other in conducting settlement negotiations on liability claims or lawsuits so that, whenever possible, all Signatory Agencies agree with the settlement costs or, in the alternative, that all Signatory Agencies reject settlement demands and agree to go to trial and share in any litigation costs going forward. 3. Individual Settlement Decision – Settlement Costs Not Shared: Any Signatory Agency entering into settlement with a claimant/plaintiff without ending the liability of all other Signatory Agencies and their employees shall not be entitled to contribution from the other Signatory Agencies for the amount of that settlement. 4. Individual Settlements – Continued Litigation Costs Shared: Any Signatory Agency entering into settlement with a claimant/plaintiff without ending the liability of all other Signatory Agencies and their employees shall remain responsible for an equal share of any costs/expenses for any continued litigation against other Signatory Agencies and/or their employee/s. H. Liability Sharing – Non-Punitive Damages: Excluding any award of punitive damages, liability for the actions or omissions of any individual or Signatory Agency, imposed as a result of their participation in the CDT or their employment, shall be shared equally among all Signatory Agencies. The costs and expenses to be shared equally include, but are not limited to, any settlement of any claim for damages, fines, costs and expenses, awards, and attorney’s fees (including costs of defense). These costs and expenses shall be shared equally regardless of which Signatory Agency or employee the action is brought against, regardless of which Signatory Agency or employee is ultimately responsible for the conduct, regardless of the number of Signatory Agencies named in the lawsuit or claim, and regardless of the number of officers from each Signatory Agency named in the lawsuit or claim. I. Liability – Punitive Damages: In the event punitive damages are awarded against any individual or Signatory Agency as a result of any action or omission occurring on behalf of the CDT, no other Signatory Agency shall be liable for any portion of such award. Any decision by a Signatory Agency to indemnify its officer/s or Page 11 of 16 32  Return to Agenda employee/s for any award of punitive damages will have no effect on the contribution owed by any other Signatory Agency. J. Payment of Costs/Awards – Reimbursement: In the event any Signatory Agency fails to timely provide payment of its equal portion of any shared costs/expenses outlined above, any other Signatory Agency may choose to pay the non-paying Signatory Agency’s share. The Signatory Agency that failed to pay shall then be liable to the Signatory Agency that paid the share, plus any attorney's fees incurred in the collection of said monies from the non-paying Signatory Agency. K. Hold Harmless: The Signatory Agencies express their intent that no legal cause of action shall be brought by one Signatory Agency against any other Signatory Agency as a result of any CDT-related activity, except to enforce the cost- and liability-sharing provisions of this Agreement. Therefore, each Signatory Agency agrees to hold harmless and indemnify the other Signatory Agencies from any loss, claim or liability arising from the actions or inactions of its officers and employees or each other as related to any CDT activity, except as expressly outlined in this Agreement. L. Insurance – Effect on Agreement: The failure of any insurance carrier or self- insured pooling organization to agree to or follow the terms of this section shall not relieve any individual Signatory Agency from its obligations under this Agreement. Section 9. Insurance Coverage Required The Signatory Agencies shall, to the best of their ability, coordinate their liability insurance coverage and/or self-insured coverage to the extent possible to fully implement and follow the agreement set forth herein. However, the consent of any liability insurance carrier or self-insured pool or organization is not required to make this agreement effective as between the Signatory Agencies, and the failure of any insurance carrier or risk-pooling organization to agree or follow the terms of this provision on liability shall not relieve any Signatory Agency from its obligations under this agreement. Section 10. Employment Except as provided herein, all public safety personnel are deemed to be continuing employment for their respective employers when activated as members of the CDT. Each Signatory Agency shall be solely and exclusively responsible for the compensation and benefits for those personnel. All rights, duties, and obligations of the employer and the employee shall remain with that Signatory Agency. Each Signatory Agency shall be responsible for ensuring compliance with all applicable laws regarding employees, and with provisions on any applicable collective bargaining agreements, civil service rules regulations, and its own disciplinary policies and procedures. Page 12 of 16 33  Return to Agenda Section 11. Press Releases Signatory Agencies to this agreement will coordinate any press releases relating to CDT activities only through the Primary Responsible Agency in an effort to fully and fairly acknowledge the contributions of participating agencies and with due regard for the integrity of the operations and the safety of officers. Section 12. Authorized Staff The Signatory Agencies to this agreement shall provide the names and phone numbers of staff who have the authority to commit manpower and/or equipment to any CDT activation/callout. Section 13. Prisoner Transportation Transportation of arrestees will be coordinated by the Incident Commander. Section 14. Injury Benefits Whenever any commissioned officer of a Signatory Agency is injured while acting pursuant to this agreement, even though such injury may have occurred while the officer was under the direction of a Signatory Agency which was not the employer of the injured officer at the time of such injury, such officer and/or his/her dependents shall receive from that Officer’s employer the same benefits which such officer would have received had said officer been acting under the immediate direction of said officer's employer and within said employer's jurisdiction. Section 15. Severability Should any clause, phrase, sentence or paragraph of the Agreement or its application to any party or circumstance be declared invalid or void by a court of competent jurisdiction, the remaining provisions of this Agreement and/or their application to other parties and circumstances, not declared invalid or void, shall remain in full force and effect. Section 16. Term The minimum term of this Agreement shall be one (1) year, effective upon its adoption by all Signatory Agencies. This Agreement shall automatically extend for consecutive one (1) year terms without action of the legislative bodies of the Signatory Agency jurisdictions, unless and until terminated pursuant to the terms of this agreement. Section 17. Termination Page 13 of 16 34  Return to Agenda Any Signatory Agency may withdraw from and terminate participation in under this Agreement upon the giving of thirty (30) calendar days advance written notice of intent to withdraw/terminate to the other Signatory Agencies herein. Withdrawal during any calendar year shall not entitle the withdrawing agency to a reduction or refund with respect to funds budgeted for or otherwise committed with respect to the withdrawing agency for any calendar year. Termination of this Agreement and/or withdrawal of an agency shall not terminate the indemnity or liability of that agency with respect to any incident arising prior to the withdrawal. All terms of this Agreement shall survive the termination of this Agreement with respect to any cause of action, claim or liability arising on or prior to the date of termination. 1. In the event that Signatory Agency withdraws from and terminates participation under this Agreement, property that was provided by that Signatory Agency pursuant to the terms and conditions of this Agreement, including but not limited to vehicles, equipment, firearms, ammunition and explosives, shall belong to and shall be returned to that Signatory Agency. 2. Items that were jointly purchased through the CDT general operating budget will continue to remain with and be available for use by the CDT until such time that this Agreement is terminated in its entirety, at which time items that were jointly purchased by the Signatory Agencies will be divided among the Signatory Agencies in proportion to the number of Team Members each Agency contributes to the Team under the Agreement as of the date of termination. Section 18. Contract Administration The Signatory Agencies do not, by this Agreement, intend to create any separate legal or administrative entity. The Signatory Agencies will cooperatively work together to further the intent and purpose of this agreement. The Chief Law Enforcement Officer from the Signatory Agencies shall be responsible for administering the terms of this agreement. Section 19. Extent of Agreement This agreement contains the complete understanding of the Signatory Agencies regarding the subject matter of this agreement. Section 10. Authorization By resolution or ordinance or otherwise pursuant to law, the governing bodies of the Signatory Agencies listed below have authorized their respective designated officials to execute this agreement on their behalf. This agreement may be executed by counterparts and if so, shall be deemed valid as if each designated official had signed the original. Page 14 of 16 35  Return to Agenda CITY OF BONNEY LAKE By:_____________________________ Date:________________ Neil Johnson, Mayor As To Form:____ _____________ __ Date:________________ Print Name:______________________ Bonney Lake City Attorney CITY OF PUYALLUP By:_____________________________ Date:________________ Kevin Yamamoto, City Manager As To Form:____________________ _ Date:________________ Joe Beck, Puyallup City Attorney CITY OF MILTON By:_____________________________ Date:________________ Shanna Styron-Sherell, Mayor As To Form:____________________ _ Date:________________ Print Name:______________________ Milton City Attorney CITY OF SUMNER By:_____________________________ Date:________________ Bill Pugh, Mayor As To Form:___________ __________ Date:________________ Print Name:______________________ Sumner City Attorney Page 15 of 16 36  Return to Agenda CITY OF FIFE By:_____________________________ Date:________________ Hyun Kim, City Manager As To Form:___________ __ Date:________________ Greg Amann, Fife City Attorney CITY OF ORTING By:_____________________________ Date:________________ Joshua Penner, Mayor As To Form:________ _____________ Date:________________ Print Name:______________________ Orting City Attorney Page 16 of 16 37