ELECTRONICALLY FILED

3/27/2024 3:20 PM
Heidi Percy
County Clerk
1
Snohomish County, WASH
2 Case Number: 24-2-02338-31

7 SUPERIOR COURT OF WASHINGTON FOR SNOHOMISH COUNTY

8 CITY OF BURIEN, a municipal corporation, NO. 24-2-02338-31
9 Plaintiff, COMPLAINT
10
v.
11
PATRICIA COLE-TINDALL, in her official
12 capacity as the King County Sheriff; and KING
COUNTY, a home rule charter county,
13
Defendants.
14

15 I. INTRODUCTION
16
1.1 At its core, this is a breach of contract dispute. Plaintiff City of Burien
17
(“Burien”) entered into an Interlocal Agreement (“ILA”) with Defendant King County
18
(“County”)/the King County Sheriff’s Office (“KCSO”) (collectively “Defendants”) for the
19
20 KCSO to provide policing services to Burien, including enforcing Burien ordinances.

21 1.2 Burien exercised its independent legislative authority to enact an ordinance

22 intended to protect Burien residents, businesses, and property and to assist and provide
23
guidance for the unhoused residents within the city.
24
1.3 Defendants, on the other hand, unilaterally refused to enforce this ordinance in
25
breach of the obligations under the ILA. Instead, of proceeding with the dispute resolution

COMPLAINT - 1 Williams, Kastner & Gibbs PLLC

601 Union Street, Suite 4100
Seattle, WA 98101-2380
(206) 628-6600

7870293.1
 1 process provided for and agreed to by the parties in the ILA, Defendants unilaterally, without

2 notice, and in violation of the ILA improperly sued Burien in federal court.
3
1.4 Defendants, however, cannot simply refuse to enforce the Burien ordinance and
4
then simply file a lawsuit in federal court because the ILA requires parties to undergo a
5
resolution process before any resort to legal process can proceed.
6
1.5 Burien is left with no choice but to sue Defendants to enforce the ILA and,
7

8 thereafter, utilize its resolution process if necessary.

9 II. PARTIES
10 2.1 Plaintiff Burien is a Washington code city and municipal corporation.
11
2.2 Defendant Patricia Cole-Tindall is the King County Sheriff. In this capacity, she
12
oversees all operations of the KCSO, including the Burien Police Department (“BPD”).
13
2.3 Defendant King County is a home rule charter county.
14

15 III. JURISDICTION AND VENUE

16 3.1 This Court has jurisdiction over this matter because this is a breach of contract

17 case, requesting injunctive and/or specific performance, pursuant to RCW 2.08 et. seq; RCW
18 4.08 et. seq.
19
3.2 Venue is appropriate because this Court is one of the two nearest judicial
20
districts to King County, against whom the action is brought. RCW 36.01.050.
21
IV. FACTS
22

23 4.1 King County and Burien have been parties to an ILA related to law enforcement

24 services since 2000. A copy of the original ILA and amendments is attached as Exhibit A.

25

COMPLAINT - 2 Williams, Kastner & Gibbs PLLC

601 Union Street, Suite 4100
Seattle, WA 98101-2380
(206) 628-6600

7870293.1
 1 4.2 Per the ILA, KCSO deputies operate as Burien’s police department, wearing the

2 BPD uniform and operating under the BPD logo.

3
4.3 The ILA requires Defendants to provide services consisting of law enforcement
4
and other related services for the benefit of the geographic areas within Burien. Defendants’
5
services include (1) reactive patrol to enforce state law and Burien-adopted municipal,
6
criminal, and traffic codes and to respond to residents’ and businesses’ calls for service; (2)
7

8 proactive patrol to prevent and deter criminal activity; (3) community services and community

9 crime prevention services, among others.

10 4.4 Section 16.2 of the ILA states,
11
16.2 Referral of Unresolved Problems. The City Chief Executive Officer shall
12 refer any police service operational problem, which cannot be resolved, to the King
County Sheriff. The Sheriff and the City Chief Executive Officer shall meet as
13 necessary to resolve such issues. Unresolved problems shall be referred to the
Oversight Committee.
14

15 4.5 Section 16.3 of the ILA states,

16 16.3 Agreement Dispute Issues. Agreement dispute issues involving agreement

language interpretation, cost, and other non-operational matters shall be referred to
17 the Sheriff, the Chair of the Oversight Committee, the King County ‘s
representative to the Oversight Committee, and the affected party or parties to
18 review and resolve. In the event that the dispute involves the city of the Oversight
19 Committee Chair, the Oversight Committee will designate an alternate City Chief
Executive Officer to serve as Chair of the Oversight Committee for the purpose of
20 resolving the specific issue. Any unresolved problems shall be referred to the
Oversight Committee as a whole.
21
4.6 Section 17.1 of the ILA states,
22

23 17.1 Oversight Committee. The City and the County agree to establish an
Oversight Committee consisting of the chief executive officers, or their designees,
24 of the cities that contract with the County for law enforcement services, the King
County Sheriff, one person designated by the County Executive, and one person
25 designated by the chair of the King County Council’s Law, Justice, and Human
Services Committee, or its successor.
COMPLAINT - 3 Williams, Kastner & Gibbs PLLC
601 Union Street, Suite 4100
Seattle, WA 98101-2380
(206) 628-6600

7870293.1
 1
4.7 Section 17.2.3 of the ILA states,
2
17.2.3 If an operational problem or agreement dispute is referred to the Oversight
3
Committee pursuant to sections 16.2 or 16.3 of this agreement, the Oversight
4 Committee will meet and attempt to resolve the problem or dispute. If the Oversight
Committee is unable to resolve the problem or dispute, the agreement shall be
5 construed in accordance with the laws of the State of Washington.
6 4.8 Section 4(a)(iii) of the ILA states:
7
The entity’s Chief Executive Officer or manager/administrator shall have the
8 general duty and responsibilities of providing the assigned police chief with
general direction relative to the furnishing of Law enforcement services to the
9 contracting entity.

10 4.9 On March 4, 2024, Burien passed Ordinance No. 832, which amended the

11 existing Burien Municipal Code (“BMC”) 9.85.150 to clarify and enhance its efforts to protect

12 Burien residents, businesses, and property and to assist and provide clear guidance for the
13
unhoused within the city’s boundaries.
14
4.10 On March 8, 2024, Defendant Cole-Tindall unilaterally directed KCSO officers
15
who worked under the BPD logo and ILA not to enforce Ordinance No. 832 and BMC
16
9.85.150 based upon unclear and unexplained “constitutional concerns.”
17

18 4.11 On March 9, 2024, Burien informed Defendants that its refusal to enforce

19 Ordinance No. 832 was a breach of the ILA. Burien also stated that the matter should be
20 referred to the Oversight Committee as provided for under the parties’ ILA.
21
4.12 Defendant Cole-Tindal doubled-down and stated Defendants would not enforce
22
Ordinance No. 832 and would “complete[] its own analysis of the legislation.”
23

24

25

COMPLAINT - 4 Williams, Kastner & Gibbs PLLC

601 Union Street, Suite 4100
Seattle, WA 98101-2380
(206) 628-6600

7870293.1
 1 4.13 Within 48 hours of Burien’s insistence that the matter be referred to the

2 Oversight Committee in accordance with the parties’ ILA, Defendants drafted, and its counsel
3
signed, a lawsuit against Burien.
4
4.14 Defendants filed the lawsuit in United States District Court, Western District of
5
Washington, Cause No. 2:24-cv-325. In this lawsuit, Defendants specifically state that they are
6
filing the lawsuit to resolve the question of whether KCSO breached the ILA.
7

8 4.15 Between March 9, 2024, and present, Defendants have not engaged in the

9 Oversight Committee resolution process as required by the ILA.

10 4.16 The ILA and similar agreements between municipalities exist for a purpose,
11
primarily to outline the obligations of each party and the process by which to resolve disputes.
12
4.17 Defendants cannot simply ignore the ILA and its resolution process because
13
they unilaterally determine that they do not have to or do not want to comply with the ILA.
14

15 4.18 Defendants are not above the law or their own agreements. Defendants must be

16 made to comply with ILA by a court of law having clear jurisdiction over the parties and the

17 contract between them.

18 V. CAUSES OF ACTION
19
FIRST CAUSE OF ACTION
20 (Breach of Contract)

21 5.1 Burien re-alleges and incorporates by reference the allegations contained in the
22
previous paragraphs.
23
5.2 Defendants have a duty to adhere to all of their obligations as prescribed in the
24
ILA, including but not limited to enforcing the Burien Municipal Code and Ordinances and, in
25
the instance of a dispute, the Oversight Committee resolution process.
COMPLAINT - 5 Williams, Kastner & Gibbs PLLC
601 Union Street, Suite 4100
Seattle, WA 98101-2380
(206) 628-6600

7870293.1
 1 5.3 Defendant have breached their duty by refusing to enforce the Burien Municipal

2 Code and Ordinances while at the same time refusing to engage with and in the Oversight
3
Committee resolution process.
4
5.4 Burien has suffered injuries as a result of this contractual breach, the full
5
measure of which will be determined at trial.
6
SECOND CAUSE OF ACTION
7
(Specific Performance/Injunctive Relief)
8
5.5 Burien re-alleges and incorporates by reference the allegations contained in the
9
previous paragraphs.
10

11 5.6 Pursuant to the ILA, parties are required to undergo the Oversight Committee

12 Resolution Process. Defendants have refused to engage in this process.

13 5.7 As Defendants have breached the contract by refusing to engage in the

14 Oversight Committee resolution process and instead filing a spurious action in federal court,
15
Burien has been denied the benefit of its specifically contracted-for bargain. Defendants
16
should be specifically directed to dismiss the federal lawsuit and engage in the Oversight
17
Committee resolution process as required by the ILA.
18

19 VI. PRAYER FOR RELIEF

20 Plaintiff Burien requests the following relief:

21 A. An order based on the Defendants’ breach of the contract by refusing to enforce

22
the Burien Municipal Code and Ordinance and refusing to engage in the Oversight Committee
23
resolution process, that the Court order a positive injunction requiring Defendants to dismiss
24
the federal lawsuit and to engage in the Oversight Committee resolution process pursuant to the
25
ILA;
COMPLAINT - 6 Williams, Kastner & Gibbs PLLC
601 Union Street, Suite 4100
Seattle, WA 98101-2380
(206) 628-6600

7870293.1
 1 B. For Plaintiff’s damages in an amount to be proven at trial;

2 C. For Plaintiff’s costs and attorneys’ fees herein; and

3
D. For such other relief as the Court deems just and equitable.
4
DATED this 27th day of March, 2024.
5

8 Daniel A. Brown, WSBA #22028

Sumeer Singla, WSBA #32852
9 Sean D. Leake, WSBA #52658
Attorneys for Plaintiff City of Burien
10 WILLIAMS, KASTNER & GIBBS PLLC
11 601 Union Street, Suite 4100
Seattle, WA 98101-2380
12 Telephone: (206) 628-6600
Fax: (206) 628-6611
13 dbrown@[Link]
ssingla@[Link]
14
sleake@[Link]
15

16

17

18

19
20

21

22

23

24

25

COMPLAINT - 7 Williams, Kastner & Gibbs PLLC

601 Union Street, Suite 4100
Seattle, WA 98101-2380
(206) 628-6600

7870293.1
Exhibit A
 INTERLOCAL AGREEMENT BETWEEN %a45
KING COUNTY AND THE CITY OF BURIEN 04
RELATING TO LAW ENFORCEMENT SERVICES
This is an Interlocal Agreement between King County, a home rule charter county, a political subdivision of the
Siate of Washington, hereinafter referred to as the "County", and the City of Burien, a municipal corporation of
the State of Washington, hereinafter referred to as the "City". ,
WHEREAS, a number of cities in King County contract with the County for the provision of law enforcement
services within their City boundaries, and .

WHEREAS, the County has adopted policies that support the development and continuation of these contracts to
preserve the quality, depth and breadth of its law enforcement services, and

WHEREAS, the King County Sheriffs Office (KCSO) acts on behalf of the City, which is responsible for law
enforcement services within its jurisdiction; and ,
WHEREAS, the County and the contract cities recently completed negotsating a new interlocal agreement
for
2000 and beyond, which embodies the following principles adopted by County Council Motion 9540:

1. County law enforcement employees should feet tesponsibility toward and demonstrate responsivene
ss to
cities with agreements for law enforcement services.
2. Each city should have the flexibility to determine the level and deployment of certain services
and to
identify service priorities, thereby controling costs. ;
3. Each city should have the ability to choose unique police uniforms and markings for police
vehicles
assigned to the City. _
4. County law enforcement employees should work cooperatively with ctly organizations in a problem-solv
ing
mode to improve the safety and welfare of city residents and visitors.
5. The Cotinty should provide at a reasonable and predictable cost, efficient, high-quality, appropriate
law
enforcement services supported by technology that furthers the goals of each city and the County.
6. The contracts and service agreements should maintain equity among the interests of city and unincorpora
ted
area residents, ;
7. The agreements should preserve, to the extent practical, the valuable law enforcement
services provided by
the KCSO, while providing a high level of local service and decision-making:

NOW, THEREFORE, pursuant to RCW 39.34, the County and the City hereby agree:

1. Law Enforcement Services. The County will make available to the City any of the law
enforcement services
listed in ExhibitA, <King County Sheriffs Services= (Exhibit A), which is incorporated herein
by reference,
1.1, Preeinet/City Services. Precinct/city services consist of law enforcement and
other related services
_ provided by personnel assigned to a police precinct primarily for the benefit of the geographic areas
within the boundaries of the precinct except as may be modified by Section2. Precinct/city services
include: oe
1.1.1. Reactive patrol to enforce staté law and City-adopted municipal, criminal, and traffic
codes
and to respond to residents' and business9 calls for service;
1.1.2. Proactive patrol to prevent and deter criminal activity;
_ 1.1.3. Traffic patrol to enforce applicable traffic codes;
6

1.1.4. Precinct detectives to investigate local crimes such as burglary, vandalism and auto theft;
[Link]. Community service and community crime prevention deputies;

EXHIBIT A*-- PAGE 1

 Drug Awareness Resistance Education.(DARE) deputies;
Precinct command and support staff, and .
Police reserves to perform a variety of routine pohce patrol functions.
For purposes of this agreement, precinct/city services shall be considered required or optional
. in accordance with Exhibit A, except that precinct command staff shall not be required if the
City opts to provide its own precinct-under Section 6.4.
Support Services, Support services consist of:
12.1, Investigation services by deputies assigned to a central criminal investigation unit
investigating such crimes as major crimes, drug offenses, fraud and such reports as missing
persons, vice, and major accidents. These deputies are supported by crime scene analysis,
crime laboratory, polygraph, identification, and evidence control,
Special operations services such as canine patrol, hostage negotiations, tactical unit, and
bomb disposal: and
1.2.3. Communications services, including call receiving, dispatch, and reports.
124, For purpeses of this agreement, precinct/city services shall be considered required or optional
in accordance with Exhibit A, except that hostage negotiation and bomb disposal may be
- provided by City deputies under the city department model described herem,
Administrative Services, Administrative services include legal advisor, planning 8and statistics,
subpoena control, training, weapons permits, accounting, payroll, personnel, labor relations, media
relations, fleet control, radio maintenance, purchasing, records, inspections/internal investigations,
and other services provided by other County Agencies. in support of the KCSO. Such services do not
include legal services of the King County Prosecuting Attorney relating to enforcement of municipal
criminal and traffic codes or prosecutions arising thereunder.
13a, For purposes of this agreement, administrative services shall be required, except §as otherwise
noted in Exhibit A, which is incorporated herein by reference.

City Department, Shared Supervision and Flexible Services Models. Law9 enforcement services provided to
Nw

the City under. this agreement shail be available to the City under a:city department model, a shared 4
supervision mode], or a flexible services model, provided that the City must select any service that is required
im accordance with Exhibit A.
2.1. City Department Model. Under the city department model, the level, degree and type of precinct/city
services and the number of positions assigned to those services shall be determined by the City in
consultation with the King County Sheriff or his/her designee.
2.4.1, Such positions shall be assigned to the City and shall be dedicated to work within the City -
- limits, subject to responses to assist another jurisdiction or County police precinct according
to mutually agreed. upon written criteria,
The number of such positions assigned to the City will remain constant. The City recognizes -
that the number of personnel may vary to the extent that positions are vacant or positions are
filled but not available for assignment, including Phase ] and Phase I recruits and personnel
on long-term disability leave, vacation leave, sick leave or other leave. In accordance with
' Section 6.9, the transferof personnel will be coordinated by the KCSO, in consultation with
the City Chief Executive Officer or designee, to minimize the impact of potential vacancies.
Support and administrative services shall be provided to the City at the level, degree and type
as provided by the County in unincorporated King County, except as otherwise modifi ed by
Section 63.

EXHIBIT A -- PAGE 2
 2.1.4. Additronal support services may be purchased by the City and assigned for the sole benefit of .
the City, provided they are optional services as defined in Exhibit A,
2.2, Shared Supervision Medel. Under the shared supervision model, the level, degree and type of
precincVcity direct services (e.g., reactive patrol, precinct detectives, and City administrative
sergeants) and the number of positions assigned to those services shall be determined by the City in
consultation with the King County Sheriff or his/her designee. Precinct command and supervision |
shall be shared by the County and the City.
2.2.1. Such precinet/city direct services positions shall be assigned to the City and shall work within
the City limits, subject to responses to assist another Jurisdiction or County police precinct
according to mutually agreed-upon written criteria.
2.2.2, The number of such positions assigned to the City will remain constant. The City recognizes
that the number of personne! may vary to the extent that positions are vacant or positions are
filled but not available for assignment, including Phase I and Phase II recruits and personne] -
on long-term disability leave, vacation leave, sick leave or other leave. In accordance with
_ Sechon G9, the transfer of personne! will be coordinated by the KCSO, in consultation with
the City Chief Executive Officer or designee, to minimize the impact of potential vacancies.
2.2.3. Support
and administrative services shall be provided to the City at the level, degree and type
as provided by the County in unincorporated King County, except as otherwise modified by
Section 6.3,
2.2.4. Additional support services maly be purchased by the City and assigned for the sole benefit of
the City, provided they are optional services as defined in Exhibit A,
_ 2.3. Flexible Services Model. Under the flexible services model, base level law enforcement services will
' be provided to the Cily in proportion to the City9s share of workload, unless the City enhances
services as provided for herein or unless the City opts to provide its own precinct under Section 6.4.
2.3.1. Positions designated to provide precinct/city services to the City shall be dedicated to work
within the precinct in which the City is located, subject to responses to assist another
jurisdiction or KCSO precirict according to mutually agreed-upon written criteria,
2.3.2, Additional precinct/city services may be purchased at the discretion of the City and will be
used in accordance with mutually agreed-upon protocols.
2.3.3. Additional support services may be purchased by the City for the sole benefit of the City, with .
the exception of any support service that is required in accordance with Exhibit A.

3. City Law Enforcement Services.

3.1. 2000 City Law Enforcement Services. Beginning January }, 2000, the » County agrees to provide to the
City the level,. degree and type of precinct/city and support services in accordance with Exhibit B,
<Financial Exhibit= (Exhibit B), along with related administrative services.
3.2, Revisions to City Law Enforcement Services, In 2001 and thereafter, revisions to City law
enforcement services shall be made in accordance with Section 4.

4. Compensation,
4.1. Development of Service Costs. The County. shali develop service costs for each precincvcity, support,
and administrative service provided by the KCSO .
4.1.1. Service costs shall include, but not be limited to, salary, benefits and special pays, if any, for
personnel providing the service, along with any associated clothing allowance, quartermaster,
avertime, supplies, services, tclephone, moter pool, lease cars, systems services, imsurance,
equipment and associated administrative costs. If not already included, costs shall include

EXHIBIT A -- PAGE 3
 adjustments for cost-of-living and inflation,

4.1.2. Service costs shall not include the cost of services that are required by state law, provided
only within unincorporated King County, or supported by a dedicated revenue source, and
services excluded from cost allocation at the discretion of the County. For the purpose of the
agreement, such services and their<associated administrative costs shall be considered non~
chargeable.
4.1.3. Service costs shall reflect the deduction of-revenues.
4.2... Development of Unit Costs. The County shall develop unit costs for each precinct/city and support
service based on service costs developed in accordance with Section 4.3, Unit costs are listed in
Exhibit A.
4.3. Calculation of City9s Estimated Agreement Amount, Service costs and unit costs shall be the basis for
. calculating the City9s estimated agreement amount. The City shall be charged for services on the basis
of FTE9s (full-time equivalents) or workload billing factors as outlined in Exhibit A.
4.4. City9s Estimated Agreement Amount, The estimated agreement amount is shown in Exhibit B. The
County agrees to revise this amount annually following the King County Council9s adoption of the
Annual County budget. The County will provide the City by March of the year for which the budget.
has been adopted a revised estimated agreement amount, if if is less than the amount shown in Exhibit
B.
45. Mid-year Adjustment. Mid-year supplemental appropriations requested by the City will be reflected
as adjustments in the current year estimated agreement amount.
4.6. Billing. The estimated agreement amount shall be billed monthly iin 12 equal amounts, Payments shail
be due within 36 days after invoicing by the County.
4.7. Revisions to City Law Enforcement Services and Agreement Amount, Beginning in 2000, by
September 1, or the first working day thereafter, the County shall provide the City with an estirnate of
the subsequent year9s unit costs and service data in the form of a revised Exhibit A and an estimate of
the City9s agreement amount for the same level of service for the subsequent year in the form of a
revised Exhibit B. By September 15, or the first working day thereafter, the City shall notify the
County of any changes in service or mode} for the subsequent year. By October 5, or the first working
8day thereafter, the County shall provide the City with the estimated agreement amount for the
subsequent year based on the changes in service requested by the City, along with revisions to Exhibit
B. . : .
4.8, Limiton Annual Growth for Selected Expenditures. A cap on growth in charges shall: be in place for
the sum of the folowing group of items: quartermaster, supplies, services, telephones, capital, system
services, printing, central county support services, insurance, and motor pool,.except for vehicle
purchase and fuel. The annual growth in the sum of these costs per FTE shall not excced the growth in
the previous July to June Urban Wage and Clerical Workers Index for greater Seatile. All other
charges, including but not limited io any costs related to existing contractual obligations or labor
contracts currently in negotiations, binding arbitration requirements, federal or state court mandates,
federal or state law requirements, recommendations of the Oversight Committee that have a fiscal
impact and are approved by the County, or any other costs determined by the full Oversight
Committee ta be beyond the County9s control, shall not be subject to this cap.
49. Reports, The City will receive a monthly Overtime, Salary, Special Pay and Benefits Report that will
melude current and year-to-date expenditures for overtime, salary, special pay, and benefits. The
report will provide a comparison between the actual expenditures and budgeted amounts based on the
adopted March Cost Book and exhibits for the previous calendar year. The City will also receive
monthly vacancy reports.
4.10. Application. 8The City hereby agrees to pay for diserctionary overtime expenses separately. Only

EXHIBIT A -- PAGE 4
 ' dedicated police and dedicated support staff overtime, salary, special pay, and benefit costs are
covered by this section.
4.10.1, The City agrees to pay for actual overtime, salary, special pay, and benefit costs.
4.10.2. If the City has a population of under 20,000 and exceeds its budgeted amount for overtrme,
special pay, salaries, and benefits by more than five percent, it will have the option to pay the
amount exceeding five percent over the subsequent two years. At least 50 percent of the
balance must be paid in the second year after the overage occurs. The City is responsible for
paying the overage that does not exceed five percent in the first year.
4.10.3. Upon termination of an Interlocal Agreement between the City and the County, the City is
obligated to pay all incurred overtime, special pay, salaries, and benefits overage costs by the
termination date.
Reconciliation, Annual adjustments will be made in March of each year in such a way that if the City
has a positive balance at year-end of the previous calendar year, it will receive a credit, and if the City
has a deficil, i will receive a debit in the subsequent monthly billing. All computations wil! be based
on actual overtime, salary, special pay, and benefits costs.
Computation. The cost formula shall be calculated by totaling the actual costs of overtime, salary,
8Special pay, and benefits of the City and reconciling that figure to the City9s budgeted amount. The
<annual adjustment process would occur as described in Section 4,11.
Discretionary Overtime. It is the intent of the City and the KCSO to provide operational overtime
when requested for special events, dignitary protection and unusual occurrences, Overtime, when

bee
requested in these categories, will be billable at the actual overtime rate of the deputy(s) working.

ee
Responses to events listed below are treated as if the event were occurring in any other jurisdiction,
with the responsibility falling on that jurisdiction,

ne
ea ce
4.13.1. Ifthe City requests and utilizes KCSO deputies on overtime for special events within the City,
8the actual deputy. overtime expenditure will be billed to the City following. the event. This -

i
billing will occur with the standard monthly billing, in accordance with Section 4.6. Examples

to able a
include, but are not limited to, park patrol, parades,
and community events.
4.13.2. 1f the City experiences a disaster or unusual occurrence that is confined within its boundaries

ae
and officer overtime is

et Steetatadhe deb
requested by the City Police Chief to stabilize the situation, the actual
overtime expenditures will be billed only -if disaster relief reimbursement funds are not |
approved. Examples of this include, but are not limited to, a plane crash, riot, or union strike,

Settee
4.13.3. In the case of a County, State, or National declared disaster for which overtime is required to
manage the event, the overtime expense will be billed to the appropriate agency (e.g., FEMA).
if reimbursement for overtime is not granted, then the City will be responsible for the direct
overtime expense, less any mutual aid provided. Examples of this include, but are not Limited
to, flooding, windstorms, and sink holes. 4
4.13.4. In the event a dignitary requiring federal, state, or local protection visits a City, the City will
determine if additional police response is needed. The City Chief Executive Officer, in
consultation with the City Police Chief, will establish the level of service to be provided.
4.13.5. The KCSO Special Operations Section provides dignitary protection when the dignitary
arrives in the County and assistsin escorting the dignitary to the City. If the dignitary detail
includes the US Secret Service, other Federal Government Agencies, or KCSO Special
Operations, then the City is not responsible for expenses related to that detail. City expense is
8confined to meeting the City9s established level of service for the dignitary visit, if overtime
is incurred. Examples of dignitary protection services include, but are not limited to, traffic
and crowd control related to visits from the Office of the President of the United States and
foreign dignitaries. ~

EXHIBIT A -- PAGE 5
 4.13.6. Billing Process:.The City Police Chief will accumulate and code all special event overtime
forms. The original form will be routed to payroll and a copy forwarded to the Contract Unit
for balling preparation.

5. Decisions and Policy- Making Authorities, The County will provide. the services identified in Exhibit B in
accordance with the following:
3.4. Operational Decisions and Policy-Making Authorities. The respective authorities of the City and the
County to make operational] decisions and develop and implement policies shall be governed by the
guidelines contained in Exhibit C, <Roles and Responsibilities of Contract Service Personnel=

ween Wet teal!

(Exhibit C).
5.2. City Police Chief, 8The City may designate a county officer assigned to the City to act in the capacity
of the police chief, consistent with the guidelines contained in Exhibit C.

6. Special Provisions.

6.1. [Link] Non-Swom Personnel, The City and the County intend to increase the use of non-swom
personnel, and the parties agree that the following functions and positions, among others, can be
considered by the Oversight Committee for civilianization: parking enforcement; warrant service;
court Haison; crime scene9 <technician; 8evidence transport; background investigations; records
management; crime prevention; accident scene traffic director; missing children services; lost
property services; vacation house checks; business watch; permitting; fingerprinting; abandoned
vehicle tagging; park patrol; and prisoner transport.
6.2. City Purchases. As an alternative to using the County9s routine supplies and equipmentt, the City may
purchase routine supplies or purchase or lease any equipment for its own use, provided that prior
8 written approval is obtained from the County and the equipment can be integrated into applicable
County systems. Routine supplies and equipment include, but are not limited to, paper, copying | H

machines, cellular telephones, and office furnishings. In the event the City has received County i|
4
approval to purchase and/or lease any of these or similar items for its own use, the County will delete iif
from the City9s contract amount the full county charge for any items that otherwise would have been . 1
i
}
provided by the County. The County will not approve items it can provide at an equal or lower cost or
that are not standard issue.
63. Hourly Charges for Optional Support Services. To the extent the City does not select one or more

beheld ERE Sate

support services designated as optional, the County will not charge the City for those services. [n the
- event that any of these services are deployed at the request of the City9s Police Chief or his/her
designee with the appropriate authority, the City agrees to pay the County for the service based on the
<hourly charges contained in Exhibit E, <Hourly Costs For Selected Services= (Exhibit E). The County

Sate
. intends to apply these charges to other jurisdictions, regardless of whether the jurisdiction has an
agreement with the County for Jaw enforcement services.
6.4, City Police Facility, A City that selects either a city or shared supervision model department may
purchase or lease its own facility and provide for the operation and maintenance of said facility. The
facility must meet or exceed all applicable city, state and federal codes and requirements. 8The facility
must also adequately meet the space and security needs of permanently assigned KCSO personnel.
The City will be responsible for all charges associated with the planning, design, construction, and/or
8renovation of the facility and property.
6.4.1. If the City provides a full-function police precinct as defined in Exhibit F, <Glossary of
Terms= (Exhibit F) for al! precinct personnel serving the city, the County will delete ail
applicable support, facilities, operation, and maintenance costs for city-assigned personnel. If
the City provides city police facilities that otherwise meet the full definition of a police
precinct but house fewer than all precinct personnel serving the city, the County agrees to
negotiate ona case-by-case basisan equitable reduction of charges to the City. This reduction

EXHIBIT A -- PAGE 6
 of charges to the City shall equal the contract charges for facilities, support, operations and -
maintenance for the personnel housed in the city facility. In all cases, plans and cost
adjustment for city police precincts, support and operations must be negotiated and agreed
upon in writing in advance, and payment for police services must remain current within 30
days of billing by the County.
6.5. Use of City Facility by County. There may be situations when the County needs to lease space for
personnel serving unincorporated King County from the City. When this situation occurs, the County
and the City may choose to negotiate for the use of a city facility on a case-by-case basis.
6.6. Refund of Accrued Replacement Reserves. If the City has reimbursed the County for the initial.
purchase of any equipment prior to this agreement, or if the City has purchased equipment under the
provisions of Section 6.2, and if the City chooses to terminate this agreement, the County agrees to
refund to the City any accrued replacement reserves, and any accrued market rate interest, on such
equipment, including vehicles, and transfer ownership of such equipment from the County to the City.
6.7. - Exclusion of Replacement Charges for 300 MHz Radios. If the City or County chooses to
terminate
this agreement, the County agrees to transfer ownership of that number of radios determined to have
been purchased by the 800 MHz Levy from the-County to the City. The City agrees to
assume.
-Tesponsibility for any service9 costs associated with continued use of the tadioson the regional
800
MHz radio system, including the cost of subscriber access, reprogramming, and maintenance. All
other police 800 MHz radios used in the City will revert to County ownership. The cost of additional
radios shall be borne by the City, ,
6.8, Observation of Labor Negotiations, The City may participate with other cities that contract
with the
County for law enforcement services to select no more than two representatives to observe labor
negotiations between the County and the collective bargaining units representing the employees
of the
KCSO, provided that such observers adhere to rules established by the County and the bargaining
8units for the negotiations. -
6.9, Stabilization of Personnel. The County will coordinate transfers to minimize the time positions are
vacant, as well as the impact of vacancies to cilies.
6.9.1. Deputies who-have been with the City for less than 24 months will not be granted a lateral
transfer except with the concurrence of the City Chief Executive Officer.
6.9.2, Timing and replacement of city-assigned staff who are promoted to a position outside the city
will be managed with the concurrence of the City Chief Executive Officer.
6.10, Assignment of Detectives. At the request of the City and to the extent feasible, as determined by the
[Link] in consultation with the City members of the Oversight Committee, the County shall
assign to
the precinct incorporating the City detectives from the KCSO Criminal Investigatio
n Division, with
the exception of detectives in the Major Crimes Unit of the division.
Additional Training. The City may provide training for City precinct detectives to perform
criminal
investigations for any optional criminal investigation services. The cost of. any such training
shall be
bome by the City.
6.12. Cost Effect of Service Decisions, The City9s costs shall not be raised as a result of another
city9s
decision regarding the level or makeup of services. The County reserves the right to eliminate services
to fulfill this provision. |
6.13. Requests for Support Services. The City Police Chief or his/her designee
shall have the authority to
request any support service provided to the City. If such request8is denied, the commander in
charge
of the support service shall review the decision and provide a report to the City
Chief Executive
Officer regarding the final determination.
6.14. City Identification. The City may select unique insignia and/or colors for uniforms
and/or vehicles
used by the deputies assigned to the City, provided that some form of the KCSO
logo is retained on

EXHIBIT A -- PAGE 7
 Reeth,
the uniforms and vehicles. To the cxtent that the annual quartermaster allowance exceeds the costs of
routine replacement of uniform items, the allowance shall be applied to the costs of adding the
insignia to the uniforms or replacing the uniforms with alternative uniforms. Additional casts related
to the uniforms shall be bome by the City. However, whenever an officer leaves the City, either at the
initiative of the County or of the officer, within 24 months or less afler the assignment to the City, and
the cost of outfitting the replacement officer in the City exceeds the City9s annual quartermaster
allocation, then the City and the County shall split the cost equally. The uniforms will be pooled by
the KCSO quartermaster and reissued to new or existing City deputies. The City will retain items that
were specially purchased by the City (e.g., bicycle uniforms). Each City is allocated a quartermaster
budget calculated by multiplying the number of dedicated sworn personnel by the quartermaster cost
per FTE as calculated:in the costing book each year. If, at the end of the year, the City goes over its
allocated quartermaster budget due to the additional cost of City-specific uniform items, those
- additional costs will be billed in the following year.
6.15, Start-up Costs, The City agrees to reimburse the County for salary and benefit costs incurred toward
hiring deputies in the year prior 10 their being assigned to the City. These costs further described in
Section 4.1 herein, shall be added to the total costs billed for year the deputies are assigned to the city
and paid by the City according to this agreement.
6.16. Asset seizure. The KCSO Drug Enforcement (DEU) and Vice Units shall be the seizing entities for
any asset seizure and forfeiture investigations involving drug-related offenses in violation of the
Uniform Controlled Substances Act (RCW 69.50.505), violations of the Legend Drug Act (RCW
69.41), violations of the Money Laundering Act (RCW 9A.83), and/or any additional criminal or civil
seizure statutes that may be applicable currently or in the future related, initiated by the City within its
jurisdiction, or other cases initiated pursuant to asset seizure laws and under this agreement.
6.16.1. The terms of this agreement apply to seizures and forfeitures that result from investigations
initiated by, or with significant participation by, 8the City, regardless of whether the City
contracts for DEU or Vice services.
6.16.2. Seizures and forfeitures not initiated by, and without signifi cant participation by, the City, are
noi covered by this agreement, and the City will not be provided a share of any forfeited
funds.
6.16.3. If there isa dispute as to the City9s share of any forfeited funds, the person in charge of the
DEU or Vice Unit and the City Police Chief will meet to atternpt to resolve the matter. If this.
process does not result in a mutually-agreed upon resolution, the dispute will be handled in
accordance with Sections 16 and 17 of this agreement.
6.16.4. The KCSO will be responsible for gathering the proceeds from. all relevant sales, for-
accounting for all seizures and forfeitures in conjunction with the personal and real property
encompassed under the agreement, for submitting the 10 percent to the State of Washington
im accordance with RCW 69.50.505 or making any other mandatory disbursement under the
applicable statutes, and for distributing the remaining funds -- in equal shares -- to the parties.
This distribution of remaining funds will occur after the KCSO has deducted any and all costs
incurred related to the seizure and forfeiture. The final accounting of the seizure and.
9 distribution of funds will accompany the check the County writes to the City.
6.16.5. Any properties, real or personal, forfeited to the KCSO pursuant to this agreement will be
sold in accordance with RCW 69.50.505.

6.16.6. Any funds distributed to the City will be used in accordance with RCW. 69.50,505(i). By
: signing this agreement, the City acknowledges that it is solely responsible for familiarizing
itself with the authorized use of forfeited funds as stated in the applicable RCW Chapter. If
ihe City uses forfeited funds in a manner contrary to the seizure statutes, the County may
terminate the asset forfeiture provisions of this agreement with 24 hours notice.

EXHIBIT A -- PAGE 8
 6.16.7. The KCSO DEU hag sole discretion over the manner in which cases will proceed, including -
the discretion to settle or dismiss a-case if deemed appropriate, and whether assets forfeited
will be sold or put into service.
6.16.8. Any and all property seized by and forfeited to the KCSO Drug Enforcement or Vice Unit,
whether by order of the court, or accepted in settlement in conjunction with this agreement,
will be divided in the same manner as indicated above.
6.16.9. The partics agree and acknowledge that ihe attorney assigned to the KCSO DEU does not
have an attorney-client relationship with the City. If such an attorney-client relationship
exists, it exists only between the KCSO and the attomey assigned to. the KCSO Drug
Enforcement Unit. ; ;
6.17, Business Plan Development {Strategic Plan): The KCSO wilt develop a multi-year police services
business plan that includes the City in. the process. This process would identify KCSO initiatives in
advance of the budget year. The goals would be: ,
a Document the long-term vision for the KCSO (3 to 5 year time frame); departmental mission and
core busimess(s). .
Identify strategic goals for accomplishing the vision: be action oriented with a strong emphasis on
achieving practical outcornes.
Identify how custemers will be served consistent with the vision and with limited- financial
resources. : ; ;
Provide objectives, including performance measures, where available, that can be evaluated in the
future.
6.18, Cornputers .
6.18.1, The KCSO will provide a laptop and appropriate accessories or a desktop computer to every
dedicated and flex sworn FTE purchased by the City.
6.18.2. The KCSO Computer Resources Unit will be Tesponsible for the repair and Thaintenance of all
equipment, software, and accessories that are uséd in conjunction with the mobile computing
program. ,
6.18.3. Replacement computers will be furnished via the Computer Replacement Fund,
approximately every three years. The City will be charged a monthly replacement fee based
on the numberof computers in the City. This annual cost will appear as-a separate line in
Exhibit B. If the City bought its own computers, if will receive the unspent balance of the
replacement funds should the agreement be terminated.
6.18.4. Annually, the County will estimate the purchase price of replacement hardware, sofiware,
accessories and tax. The monthly computer replacement cost wilt be calculated on a useful
life of three years.
6.19. Fire Investigation
6.19.1. For the year 2000, the City may purchase fire investigation services through this
agreement. _
These services will be provided by the King County Department of Development
and
Environmental Services (DDES) Fire Marshall9s Office by separate agreement with the
~ KCSO. The cost for this service is shown on Exhibit B, and will be calculated
in accordance
with Exhibit G: <Arson Investigation Costing Model=. Fire Investigation callouts will be
in
accordance with protocols outlined in Exhibit H: <Arson Investigation Call Out Protocols=,
unless superseded by new or revised protocols adopted by the Oversight Committee,
DDES
and affected fire agencies,
6.19.2. During the year 2000, the Oversight Committee will sponsor a serics of discussions
, to
include the KCSO, DDES, the King County Executive, contract cities, Fire
Agencies, and
other cities receiving DDES Fire Investigation Services. The KCSO, in conjuncti
on with

EXHIBIT A -- PAGE 9
 iefe abeletae
ely fe
DDES, fire agencies and the cilies will be responsible for developing a work plan for
Oversight Committee approval. The purpose of this work plan will be to identify options for
the long-term provision of fire investigation services to city customers. The work plan may
consider the following issues: call-out protocols, costing methods, service delivery and
organizational issues. The intent of these parties is that the Oversight Committee will make a
recommendation for future service delivery by October 31, 2000.
6.19.3, Day-to-day fire investigation operational issues will be handled at the lowest practical
organizational level. This may typically include staff from the city police, fire agencies and
DDES. ,

6.20. Police Investigations Information. The KCSO Major Accident Response and Reconstruction Unit
(MARR) and other police investigative services under this agreement shal! include providing the City
access to all records related to investigations of traffic collisions within the City, upon request, as the
records are completed or become available, including but not limited to State Traffic Collision
Reports, photographs, diagrams, witness statements and victim(s) statements in the possession of the
KCSO. Distribution of toxicology reports:and autopsy reports will 8be 8controlled by RCW 46.52.065
and 68.50.105. If victims or witnesses idcntificd in any pelice report or statement have not been
interviewed by County personnel, City representatives will coordinate their interviews of these
persons with the KCSO prior to contact to avoid prejudice to ongoing. criminal investigations,
including discussion of scope, timing and value of joint interviews. The KCSO and the City will name
representatives to implement this section.

Reporting.
7b. Reporting Districts. Reporting districts coterminous with the City boundaries will be maintained to.
enable accurate data collection on law enforcement services provided and criminal activity.
7.2, Notification of Criminal Activity. The City Police Chief, if designated, or the precinct commander
will notify the City in the event of a significant criminal occurrence within the City.
7.3, Quarterly Reports. The County will report quarterly on criminal activity and on law. enforcement
" services provided by major category of service as listed in Exhibit B.

Personnel and Equipment. The County isi acting hereunder as an independent contractor so that:
$1. Control of Personnel. Control of personnel, standards of performance, discipline and all other aspects
of performance shall be governed entirely by the County. Allegations of misconduct shall be
investigated in accordance with Exhibit D, <Internal Investigations Protocol for Contract Cities=
(Exhibit D).
. Status of Employees, All persons rendering service hereunder shall be for all purposes employees of
8the County, except that the City may hire non-commissioned City employees to perform certain
functions in conjunction with County police personnel. -
8.3. Liabilities, All Habilities for salaries, wages, any other compensation, injury, or sickness arising from
performance of the law enforcement services by the County hereunder shall be that of the County.
8.4. Provision _of Personnel. The County shall furnish all personnel and such resources and material
deemed by the County as necessary to provide the level of Jaw enforcement scrvice herein described.
-85./ Municipal Violations. KCSO commissioned personnel shall cite violations of municipal ordinances
into the City9s municipal court.
City Responsibilitics. In9 support of the County providing the services described in Exhibit B, the City
promises the following.
O1. Municipal Police Authority. The City promises to confer municipal police authority on such County
deputies as might be engaged hereunder in enforcing City ordinances within City boundaries, for the

-10-

EXHIBIT
A -- PAGE 10
 purposes of carrying out this agreement,
9.2, Municipal Criminal Code, The City promises to adopt a criminal municipal code that incorporates, at
a minimum, any portion of the Washington State criminal code defining a crime or crimes, which falls
within the jurisdiction of the district or municipal court. This includes all misdemeanors and gross
misdemeanors, Provided, that if the City fails to adopt, chooses not to adopt, or repeals such criminal
municipal code, the City shall be responsible for reimbursing the County for all expenses associated
. with prosecution, adjudication, sentencing, and incarceration in any criminal case involving a crime
8that could have been included within a City municipal code.
9.3. Special Supplies. The City promises to supply at its own cost and expense any special supplies,
stationary, notices, forms, and the like where such must be issued in the name of the City.

10. Duration. This agreement is effective upon authorization and signature by both parties, except that services
and charges shall commence on January 1, 2000. The agreement period shail continue until] December 31,
2002, and may be-:extendéd until December 31, 2004 by consensus of the Oversight Committee. After
the original or extended agreement period has elapsed, the agreement shal! renew automatically from year to
year unless negotiations for a new contract are initiated by the Oversight Committee, those negotiations are
completed and a new contract is adepted, or unless either party initiates the termination process outlined
herein. ,

11. Termination Process. Either party may initiate a process to terminate this agrecment as follows:
11.1, Notice of Termination. The City may choose at some future time to provide law enforcement services
- other than through the County; similarly, the County may choose at some future time not to provide
8law enforcement serviccs to the City, Any party wishing to terminate the agreement shall issue a
written notice of intent not less than 45 days prior to issuing an 18-month written notice under section
41.2 of this agreement. Upon receipt of the written notice of intent, the City's Chief Executive Officer
8and the Sheriff shall hold a meeting, the purpose of which will be to understand the notice of intent
including background of the reason(s), and a review of alternatives and impacts, among other matters.
It is suggested that the Chair of the Oversight Committee be copied on any communication covered in
this Section. : :
11.2, Written Notice. After the 45-day period has run under Section 11.1 of this agreement, the party
desiring to terminate the agreement shall provide at least 18 months written notice to the other party. :
11.3, Transition Plan, Within 120 days of the receipt of such written termination notice, the parties shall 4
commence work on and complete a mutually agreed-upon transition plan providing for an orderly
transition of responsibilities from the County to the City. The planning method should proceed along
the lines of a project management approach to facilitate the Joint planning process by the City and the |
County. The overarching goal of the transition plan will be to ensure there is not [Link] service
to the community as the providers change. This plan would include desired outcomes, project
phases
{including a preliminary transition pian development) and timelines, and project roles and
" responsibilities. Each party shall bear its respective costs in developing the transition plan and each
will work cooperatively with the other party in the coordination of efforts. The transition plan shail
identify and address the continuity of professional and quality police services before, during and
through the transition period. The transition plan shall also identify and address any personnel, capital
"equipment, workload and any other issues relatedtu the transition. Each party shall bear its respective
costs in developing the transition plan.
11.4. Termination and/or Interest Charge. In the event the City fails to make a monthly payment within 60
days of billing, the County may charge an interest rate within two percentage points of the interest
rate on the monthly County investment earnings. In addition, in the event the City fails to make a
monthly payment within 120 days of billing, the County may terminate this agreement with 90 days
written notice. a
9

-Ih-

EXHIBIT A -- PAGE 11
 11.4.1. If the City and County are in disagreement over a portion of the bill, the City can withhold the
disputed portion of the bill by placing the amount in escrow and following the process
outlined in Section 16.3 for resolution of agreement dispute issues.
11.4.2. The County will not charge interest on the disputed portion of the bill nor will it begin the
termination process as outlined im section 11.4 so long as the City follows the process
outlined in 11.4.1 and pays the non-disputed portion of the bill within 60 days of billing.

12, Indemnification.
12.1. City Held Harmless. 8The County shall imdemnify and hold harmless the 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 the 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 such suit based upon such a
claim, action, loss, or damages is broight against the City, the County shall defend the same at its sole-
cosl and expense; provided that the 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 the City,
and its officers, agents, and employees, or any of them, or jointly agaist the City and the County and
their respective officers, agents, and employees, or any of them, the County shall satisfy the same,
12.2. County Held Harmless. The City shall indemnify and hold harmless the 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 the City, its officers, agents, and employees, or any of hem relating to or arising out of
performing services pursuant to this agreement, In the event that any suit based upon such a claim,
action, toss, or damages is brought against the County, the City shall defend the same at its sole cost
and expense; provided that the County reserves the right to participate in said suit if any principle of
governmental or public law is involved; and if final judgment be rendered against the County,.and its
officers, agents, and employees, or any of them, or jointly agaist the County and the City and their
respective officers, agents, and employees, or any of them, the City shal} satisfy the same.
(12.3, . Liability Related to City Ordinances, Policies, Rules and Regulations. In executing this agreement, the
County does-not assume liability or responsibility for or in any way release the City from any liability
or responsibility which arises in whole or in part from the existence or effect of City ordinances,
policies, rules or regulations. If any cause, claim, suit, action or administrative proceeding is
commenced in which the enforceability and/or validity of any such City ordinance, policy, rule or
regulation is at issue, the City shall defend the same at its sole expense and, if judgment is entered or
damages are awarded against the City, the County, or both, the City shall satisfy the same, including
all chargeable costs and reasonable attomey= 8 fees,
12.4. Waiver Under Washington Industrial Insurance Act. The foregoing indemnity is specifically intended
to constitute a waiver of each party9s immunity under Washington9s Industrial Insurance Act, Chapter
51 RCW, as respects 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 indemnitor9s employees. The parties
_acknowledge that these provisions were specifically negotiated and agreed upon by them.

13. Non-discrimination, The County and the City certify that they are Equal Opportunity Employers. The County
has developed and implemented Affirmative Action Programs in accordance with the guidelines in Revised
Order 4 of the United States Department of Labor. The City will develop and implement Affinmative Action
' Programs that meet the applicable federal standards,

1 Audits and Inspections. The records and documents with respect to all matters covered by this agreement
shail be subject to inspection, review or audit by the County or City during the term of-this agreement and
three (3) years after termination.

-12-

EXHIBIT A -- PAGE 12
- 15. Amendments. This agreement may be amended at any time by mutual written agreement of the City, the .
King County Sheriff, and the King County Exccutive, provided that any such amendment must be approved
by the Oversight Committee pursuant to section 17.2.4 of this agreement.

816. <Agreement Administration.

16.1. Agreement Administrators. The City Chief Executive Officer and the City Police Chief, if designated,
or the precinct commander shall serve as agreement administrators to review agreement performance
and resolve operational problems. The agreement administrators will meet at least quarterly with
either party authorized to call additional meetings with ten days written nolice to the other.
16.2.° Referral of Unresolved Problems. The. City Chief Executive Officer shall refer any police service
operational problem, which cannot be resolved, to the King County Sheriff. The Sheriff and City
Chief Executive Officer shall meet as necessary to resolve such issues. Unresolved problems shall be
referred to the Oversight Committee.
16.3. Agreement Dispute Issues. Agreement dispute issues involving agreement language interpretation,
cost, and other non-operational matters shall be referred to the Sheriff, the Chair of the Oversight
Committee, the King County Executive9 $ representative to the Oversight Committee, and the affected
party or parties to review and resolve, In the cvent that the dispute involves the city of the Oversight
Committee Chair, the Oversight Committee will designate an alternate City Chief Executive Officer
to serve as Chair of the Oversight Committee for the purpose of resolving the specific issue. Any
unresolved problems shall be referred to the Oversight Committee as a whole.

17. Agreement Oversight.

17.4. -Oversight Committee, The City and the County agree to establish an Oversight Committee consisting
of the chief executive officers, or their designees, of the cities that contract with the County for law |
enforcernent services, the King County Sheriff, one person designated by the County Executive, and
one person designated by the chair of the King County Council9s Law, Justice and Human Services.
Committee, or its successor.
17.2. Scope of Committee. The committee shall meet at least bi-~monthly to ensure the parties comply with
the provisions of this agreement, including the administration of the agreement and the management
and delivery of police services under the agreement.
17.2.1. In addition, the committee shail establish performance measurements, standards, and
benchmarks for evaluating the quality of the County9s police services. These performance -
measures shail be developed in cooperation with the Cities that contract for police
services. Focus of these measures shall be based on outcome measurements for
effectiveness and efficiency as identified by the City Chief Executives and the Sheriff.
The County shall work with the City, if desired, to develop a range of options by July 2000,
or a later mutually agreed-upon date.
17.2.2. The City9s member of the Oversight Committee may make recommendations on any issue
affecting agreement. costs and conditions, such as the budget for the KCSO, personne!
recruitment, training and standards, and collective bargaining issues. These recommendations
may reflect approval or disapproval of any County proposal relating to these issues and shall _
be submitted to the County Executive, County. Council, and/or City Council as appropriate.
The County shall provide a written report on the outcome of these recommendations.
17.2.3. If an operational problem or agreement dispute is referred to the Oversight Committee
8pursuant to sections 16.2 or 16.3 of this agreement, the Oversight Committee will meet and
attempt to resolve the problem or dispute. If the Oversight Committee is unable to resolve the
problem or dispute, this agreement shall be construed iin accordance with the laws of the State
_of Washington.

~ 13

EXHIBIT A -- PAGE 13
 17.2.4. The Oversight Committee is responsible for approving amendments to this agreement, which :
° are first agreed to by ihe City, the King County Sheriff, and the King County-Executive. A ° :
@ majority of a quorum | of the Oversight Committee will constitute approval of a proposed
amendment.

18. Entire Agreement/Waiver of Default. The parties agree that this agreement is the complete expression of the
terms hereto and any oral or written representations or understandings not incorporated herein are excluded.
Both parties recognize that time is of the essence in the performance of the provisions of. this agreement.
- Waiver of any default shall-not be deemed to be a [Link] any subsequent default. Waiver or breach of any
provision of the agreement shall not be deemed to be waiver of any other or subsequent breach and shall not
be construed to be a modification of the terms of the agreement unless stated to be such through written
approval by the County, which shall be attached to the original agreement.

IN WITNESS WHEREOE, the parties have executed this agreement.

KING COUNTY -_ a - City of Burien

lbh wath lo Lf <ago e cekon !

7 &s whe 4
King County Executive Gary Long, ief Executive Offiger

eo.
Approved as to Form - Approved as to Form. |
eg?
puty Prosecuting Altomey _Michael Weight, City Attorfey
for NORM MALENG
King County Prosecuting Attorney oO a a j

EXHIBIT A -- PAGE 14
 Amendment to Interlocal Agreement
Between King County and the City of Burien -
Relating to Law Enforcement Services

WHEREAS King County, a home rule charter county, a political subdivision of the State of Washington,
hereinafter referred to as the <County= and the City of Burien, a municipal corporation of the State of
Washington, hereinafter referred to as the <City,= entered into an Interlocal Agreement in 2000 relating to
the provision of law enforcement services; and

WHEREAS, the County and the City desire to amend this Interlocal Agreement to show that computer
replacement will take place on a four-year schedule;

NOW THEREFORE, the County and City hereby [Link] the following amendments to the 2000
Imerlocal Agreement réialed to Law Enforcement Services: ,
; ,
§. Section 6.18.3 is amended to read; Replacement computers 5 will be furnished via the Computer
Replacement Fund, approximately every three four years. The City will be charged a monthly
replacement fee based on the number of computers in the City. This annual cost will appear as a
separate line in Exhibit B. If the-City bought its own computers, it will receive the unspent balance of
the replacement funds should the agreement be terminated.

Section 6.18.4 is amended to read: Annually, the County will estimate the purchase price of
tw

replacement hardware, software, accessories and tax. The monthly computer replacement cost will be
calculated on a useful life of three four years.

IN WITNESS WHEREOF, the parties have executed this agreement,

City of Burien

King Comity Executive . | ; Gary Long, cd Manager .

VL We aS | G- 17-03
Date 4= Date

Approved as to Form

Aan Prosecuting Attormey ea Cry Attorney

Li)foe | _ | Vln
Date. ; Date

Form Letters?

EXHIBIT A -- PAGE 15
 Amendment to Interlocal Agreement
Between King County and Cities of Burien, Carnation, Covington, Kenmore, Maple
Valley, Newcastle, North Bend, Sammamish, SeaTac, Shoreline and Woodinville for
Fire Investigation Services Conducted Pursuant to the 2000 Interlocal Agreement
relating to Law Enforcement Services

6.19.1 Fire Investigation

Fer Beginning in the year 2000, the City may purchase fire investigation services through
this agreement. These services will be provided by the King County Department of .
Development and Environmental Services (DDES) Fire Marshal9s Office by separate :
agreement with the KCSO. The cost for this service is shown on Exhibit B, and will be :
calculated in accordance with Exhibit G: <Arson Investigation Costing Model.= Fire
Investigation callouts will be in accordance with protocols outlined in1 Exhibit Hh: <Arson
Investigation Call Out Protocols,= unless superseded by new or revised protecols adopted
by the Oversight Committee, DDES and affected fire agencies.

IN WITNESS WHEREOF, the parties have executed this agreement.

KING COUNTY . City of Dtzrete

ZL oF
King County Executi
a Lau (lng 22-02
Chief Executh ive Officer

Approved as to Form , Approved as to Form

yy

Deputy Prosecuting1 Attomey on

for NORM MALENG : . ; :
King County Prosecuting Attorney ¢

EXHIBITA -- PAGE 16
 EXHIBIT ¬ |
ROLES AND RESPONSIBILITIES OF CONTRACT SERVICE PERSONNEL

1. ROLES AND RELATIONSIUIPS

A). COMMISSIONED PERSONNEL
1) Contract service police chiefs, as well as other commissioned personnel, will be responsive io the
public safety needs of the contracting entity, as well as its officials, residents, and/or population
-served.
B) CONTRACT POLICE CHIEF (CITY POLICE CHIEF FOR CONTRACT CITIES)
1) Command Structure |
+ (a) Reports directly to Precinct Commander 8
Gi)" H the contract police chief is a KCSO Major, then he or she shall report directly to Division
Chief
. Gi) Works at the direction of the City Chief Executive Officer or contract
manager/administrator, and in compliance with KCSO policy, procedures, and directives,
2) Title/Insignia os
(a) Police chiefs shall wear one star on each collar point signifying their role as <Police Chief= of a
contracting entity . Regardless of KCSO rank, contract chiefs will be addressed as <Chief of
Police= in public settings, such as city counci] meetings, public meetings, and coniract service
staff meetings.
3) Interaction with Contracting Entity
(a) The police chief shall interact with contract entity staff and officials in accordance with RCW |
35.18.1110
-{b) The police chicf shall discuss and agree upon protocols for routine, daily interactions with the
® _ contract service CEO or manager/administrator as deemed appropriate by the contracting entity.
, (c) The police chief shall fimction as a department head within the contracting entity's
organizational structure, and is expected to conduct himself or herself in a manner that supports
_ and maintains trust in the contracting entity.
(4) At the direction of the contract service CEO or manager/administrator, and as needed, the police
chief shall attend and participate in the contracting entity's staff and council! meetings, and
official functions, celebrations, and commissions. As requested by. the CEO or
manager/administeator and as needed, the police chief will also represent the contract service
police department at community meetings and functions.
{e). The Police Chief is the City9s Director of Police Services and represents the. Chicf Executive
Officer of 8the City for all law enforcement matters in the community/City. This may include
working with other relevant City departments and or other public agencies (e.g. courts, schools,
etc.) on behalf of the City.
(f) The KCSO views the Contract Cities as customers and will maintain a customer service
orientation to managing the contracts. Consistent with this philosophy Police Chiefs are expected
to represent the City9s point of view, consider City needs in carrying out their duties and ~
advocate on behalf of their City similar to other City departmental directors.
4) Duties
(a) Supervision Received:
. G) KCSO command staff maintains authority and responsibility over police chiefs and the
: precinct.
{in} In the event a contracting entity's procedure, policy, goal or operation differs from thatof the
KCSO, that entity shall negotiate with the KCSO to reach a final determination.
(iii) The entity's Chief Executive Officer or manager/administrator shall have the general duty
@ and responsibility of providing the assigned police chief with general direction relative to the
furnishing of Jaw enforcement services to the contracting entity.
_ (iv) The police chief shall maintain communication between command structures to ensure that
changes in the KCSO are agreeable [Link] contracting entity and that changes in the entity

Created on 05/08/00-11:55 AM - EXHIBIT C de

| EXHIBIT
A -- PAGE 17 |
 are apreeable to the KCSO.
©) Dutics Include:
© - (i) Operations
(ii) The police chief shall direct overall Contract City service police operations, ensuring
; law eriforcement services within the City.
{iii} The police chief shall analyze operations and develop plans to manage resources and
ensure effective and efficient delivery of services. i
(iv) The police chief shall oversee the implementation of all policies and procedures
relating to police services that are established by the contracting entity, and shall
provide to the KCSO any writien information relative to police services created by the
entity. The chief shall notify the KCSO of all procedures that differ from KCSO
policies and procedures,
{v) The police chief shall utilize analysis of crime data to establish a plan for deploying
resources to address identified needs.
(vi) The police chief shall coordinate police activities for the contracting entity, including
hours of operation and contract-specific protocols and procedures.
(vii) The police chief shall prepare, in coordination with the King County Sheriff's Office
Contract Unit, a budget for the contract police department.
(viii) The police chief shall coordinate the response of support services used for law 3
enforcement for the contracting entity (e.g., CID, Special Operations). 3
8 (ix) The police chief shall establish policies and protocols for the response of services that i
are not purchased by the entity in advance (¢.g., optional services).
(x) The police chief shall notify the contracting entity's CEO or manager/administrator of
any use of support services that were not purchased in advance upon their deployment
for enforcing laws for the contracting entity. 4
: (xi) The police chief shalt notify the contracting entity9 s CEO or manager/administrator of
@ . all major crimes or incidents.

5} Goals, Objectives, and Performance Indicators

(a) The police chief shat! establish goals and objectives for contract police services in conjunction
with the City Chief Executive Officer that reflect the specifie needs of the contracting entity. The
chief shall also identify performance indicators for the entity to measure the established goals
and objectives.
(b) The police chief shall oversee the implementation of all KCSO policies and procedures within
the contract services, and maintain a copy of current police procedures on-fite at the entity's
chosen central location for the entity's reference. The chief shall notify the entity's CEO or
manager/administrator of ary KCSO procedures or changes that either supplement or affect ihe
entity9s cstablished goals and objectives for police services.
(c) The police chief shall review the entity's performance indicators for police services against the
stated goals and objectives, and shall report to the CEO or manager/administrator on progress of
goal attainment.

6) Personnel Management
and Training
{a) The police chief shall establish standards of performance for officers assigned to the contracting
entity. . ,
(b) The police chief shall identify areas of supplemental training for officers assigned to the entity,
and make recommendations to the KCSO for supplemental training. The chief shall also make
recommendations to the contracting entity's CEO or manager/administrator for trainmg not
provided by KCSO.
. (c) The police chief shall periodically review the performance 6f officers assigned to the contracting
entity .and report io entity9s CEO or manager/administrator and precinct command staff or
@ Division Chief any recommendations for performance improvement.
(d} The pohce chief shall perform selected roll calls of contract-assigned officers.
(c) The police chief shall coordinate-and direct duties of officers assigned to the contracting entity as

Created on 05/08/00 11:55 AM EXHIBIT C -2-

EXHIBITA -- PAGE 18
 specific needs arise, and as requested by entity's CEO or manager/administrator within the |
a
context of established policies and procedures. The chief shal] report to the precinct any changes
in duty of contract-assigned9 offi ices.

C) CONTRACTING ENTITY POLICE MID-MANAGER

1) Command Structure
(a) The mid-manager shall report directly to police chief
(b) The mid-manager shall fiction as <Acting Police Chief= in the absence of the police chief
2) Title Ansignia
(a) The mid-manager shall wears appropriate rank insignia 8on coritract entity uniform: consistent
with KCSO rank
3} Interaction With Contracting Entity
(a). The mid-manager shall interact with contracting entity staff and officials in accordance with
RCW 35.18.110 ,
{b) The mid-manager shall function as a police department mid- ~manager within contracting entity
structure and shail present himself or herself in the community in a mariner that supports and
maintains trust in the contracting entiry.
4) Duties
(a) The mid-manager shall directly assist police chief iin carrying out duties outlined in LB)

D). FIRST LEVEL SUPER VISOR/LINE OFFICER S/DETECTIVES/STAFFE .

1) Command Structure
{a} These individuals shall report directly to the police chief, mid-manager, or supervisor as
appropriate.
2) Title/Insignia
_ (a) These individuals shall wear rank insignia on uniform consistent with KCSO rank
3) Interaction With Contracting Entity
(a) These individuals shall interact with: contracting entity staff and officials in accordance with
RCW 35.18.1109
(b) These individuals shall present themselves iin the community in a manner consistent with being a
member of the entity's staff and in a manner that{supports and maintains trust in the contracting
"entity.
4) Duties
(a) Will be commensurate with other KCSO assignments

I. AUTHORITY
-A) The contracting entity police chief shall have authority commensurate with his or her responsibility,
which is recognized internally and externally.

,B) Issues that fall within the purview of the police chief of a contracting entity ,
1) Prioritization of reactive patrol time
2) Awards Program
3) Travel and Expense Guidelines
4) False Alarm Ordinances/Response
5) Impound Procedures
6}, Community Policing
7) Crime Prevention Standards
8) Additional Training
9) Supplemental Reports
10) Incident Notification Policies
11) Job Description of Supplemental full-time employees (FTE9s)
12) Expenditure of the contracting entity's police budget
13) Direct access to department support services
14) Staffing assignments and deployment within confines of dedicated City positions

Created on 05/08/00 11:55 AM EXHIBIT C oe -3-

EXHIBITA -- PAGE 19
 15) Prioritize meeting attendance (meetings for the contracting entity take priority over county meetings;
county mectings will be kept to a minimum and conducted as efficiently as possible)
16) Authorization of support services.
17} Use of volunteers and volunteer programs (except reserve officer).

C) Issues that must have input and approval from the King County Sheriff's Office
1) Accident Response Criteria ;
2). Court Attendance Policies
3) Call-out Procedures
4) Umiform/Equipment/V chicles (including appearance regulations)
5) Reserve Program
&) Communications Center Procedures
'- 7) Traffic Enforcement Policy and Procedures
8) K-9 Response Policy
5) Response Priorities
10) Shift Hours
11) Specialty Unit Personnel Selection (Street Crimes Units, Crime Prevention, [Link]., etc.)

Melivhe blake
12) Prioritization of Precinct Detective Unit Workload
é
Fa

D) Issues that fall within the purview of the KCSO and must be consistent between the King County
Sheriffs Office and the contracting entities. ;
1) Pursuit Policy
2) Seized Property
_ 3) Basic Skills Training
(a) Emergency Vehicle Operations; Firearms (Include Reviews}
-4) Use ofForce |
5) Off-Duty Work
_ 6) Field Training Officer Program
7) Personne! Evaluation System/Annual Performance Evaluation
8} Internal Investigations Unit Policies & Procedures
9) Reporting Forms
10) Hostage Negotiations and Tactical Team Deployment
11) Alternative Work Schedules
12) Standards of Conduct -
133 Arresi Warrant Policies
14) Labor Contracts (4)
15) Supervisory Standards

Issues governed exclusively by KCSO policies & procedures:

1) DV Response
2) Search & Rescue
3) Civil Process
4) Landlord - Tenant Policies
$) Abandoned/Unclaimed Property
6) Training
7) Basic Law Enforcement Training Academy
8) BAC- State
9) First Aid - L&I]
10) CPR - L&I
11) Computer Info Access Training -
12} Airborme/Bloodbome Pathogens
13) OSHA/WSHA/EPA Requirements
14) King County Code of Ethics
15) Public Disclosure and Records

Created on 05/08/00 11:55 AM EXHIBITC ade

8EXHIBITA -- PAGE 20
 Newbe Mn DL LD st

16) Gun Permits and Concealed Pistol Licenses

17) Federal Labor Standards Act
18) Family Leave and Benefits Policies
19) Americans with Disabiliti¢s Act9
20) Civil Service Rules .
2!) King County Career Service Rules
22) EEOC Guidelines/Requirements
23) Discipline - :

TILINCENTFIVES/REWARDS
A) Contracting entities may award. incentives or other recognition within existing guidelines, ethics
guidelines, department rules and contract language, interlocal agrcements and the award systems of the © _
entity, KCSO and county.

IV. COMMITMENTS, TRANSFERS, and PROMOTIONS

A) KCSO staff requesting assignment to a contracting entity will make a two-year commitment to work as a
member of the entity's police force, except in cases of promotion or other special circumstances. Such
special circumstances require fhe concurrence of the entity's CEO or manager/administrator and
applicable KCSO Division Chief. _
B) The transfer of personnel affecting the entity9s police force will he coordinated by the KCSO, in
consultation with the entity9s Police Chief, to minimize the impact of potential vacancies. 8The number of
the entity9s vacant positions will be managed with a goal of achieving proportionality. with the total
8umber of vacant positions in the KCSO.
C) Contracting entities may not make de facto promotions by their selection of personnel excepi in mstances _
in which a pool of candidates is made available for selection by the KCSO,

V. STATISTICAL REPORTS
A) Whenever possible, reports shall be generated by the Research, Planning, and Information Services Unit.
B) All reports will be routed through RP&IS Unit, _
C) A courtesy copy of all unique reports that are generated by contract police departments will
be sent to
RP&IS Unit. oo Lo
D) Reports will include footnotes identifying the source of the information,
E) Service enhancement proposals will be routed through RP&IS Unit. -

VISHARED SUPERVISION PROTOCOL | - a _

A) The City9s Police Chief is responsible for police services within the City. If desired by the City, the City
Police Chief, Precinct Commander and. appropriate staff shall develop an agreement that addresses in-
City Precinct directed field services. . ;
B) Dedicated City officers will:be assigned to respond to calls within the City in line with City protocols,
and consistent with section I of this document.

Created on 05/08/00 11:55AM . EXHIBIT C , og!

. EXHIBIT A -- PAGE 21
 | EXTHBIT D:
INTERNAL INVESTIGATIONS UNIT PROTOCOLS

I POLICY STATEMENT
A} [It is the desire of the Internal Investigations Unit (IU) to be responsive to the needs of the Contract
Cities, be sensitive to the rights of the individuals involved, and to comply with statutes, case law, and
collective bargaining agreements that govern internal investigations. 4

il. COMPLAINTS OF PERSONNEL MISCONDUCT RECEIVED IN THE CONTRACT CITY

- A) Current KCSO policy requires that members refer the complainant to IU or notify a supervisor.
Supervisors who become aware of a complaint shall conduct a preliminary investigation and forward the:
results to their commander. ITU will ensure that the City Police Chief is made aware of complaints of
significant misconduct in their City at the earliest practical time. The City Potice Chief will ensure that
the Chief Executive Officer is informed of ail complaints of significant misconduct at the earliest
practical time..

B) City staff and councilmembers

zmay receive complaints of Department personnel misconduct. These
complaints should be referred to the Chief Executive Officer or designee who in turn will pass on to
Precinct Commander/City Police. Chief, an on duty supervisor, or 1U depending on the time of day, the
availability of a supervisor, or the seriousness of the complaint. ;

It, COMPLAINTS OF PERSONNEL MISCONDUCT RECEIVED IN HU

A) Complaints received in the Internal Investigations Unit concerning personnel assigned to a contract city
or incidents that occur within the City, will be investigated according to current policy. The HU
Commander, or destgnee, shall notify the affected Precinct Commander/City Policy- Chief of the
complaint as soon [Link].
B) The criteria for case assignment to the precinct/city for investigation shail be consistent with current
KCSO Policy. General Order 10.40.135, identifies the 8following types of investigations that wil] remain
with ITU for follow-up: ; ;
1) When sustained, could result in termination or demotion
2} Where criminal conduct is involved
3} When there are controversial or newsworthy circumstances
4) Any complaint the Commander deems appropriate to be investigated by ITU
3) Any complaint the Sheriff directs ITU to investigate
C) The Internal Investigations Unit reviews all "Use of Force Reports", and investigates complaints of
excessive force.

IV. INVESTIGATION OF PERSONNEL MISCONDUC: .

A) Investigations of alleged personne! misconduct shall be conducted in accordance with General Orders
Manual, Section 10, Personnel Complaint Manual and General Orders Manual 3.01.000, investigation of
Personnel Misconduct.
B) Completed investigations conducted at the Precinct. or City level shall be reviewed by the Precinct
Commander/City Police Chief and forwarded to IU through the Chain of Command.

V. INFORMATION PROVIDED TO THE CHIEF EXECUTIVE OFFICER

A) Chief Executive Officers shal] be notified of complaints of misconduct involving KCSO personnel
assigned to the City or of incidents that occur within the City. This notification may come from either the
Precinct Commander or the City Police Chief.

B) Results of the investigation will be shared with the Chief Executive Officer, as soon as practical, but the
investigative file may not be copied in accordance with case law. Specific discipline for sustained

Created on 05/08/00 11:55 AM EXHIBITD . ; . -1-

EXHIBIT A -- PAGE 22
 complaints emanating from the member9 S assignment to the City will be disclosed to the Chief Executive .
Officer.
C}) Written correspondence to the complainant will originate from the KCSO. City Jetterhead with the
signature block, "Commander, Internal Investigations Unit= may be used rather than the KCSO
- letterhead. The City letterhead option is available for the City, but not required.

VL GRIEVANCE PROCEDURES
A) KCSO members may file a grievance conceming the findings or discipline asa the result of-a complaint
investigation according to the current collective bargaining agreement.
B) Local, State, and Federal statues; case law; and the member's collective bargaining agreement govern the
grievance Procedure.

Created on 05/08/00 12:55 AM . | EXHIBITD . a.

EXHIBIT A -- PAGE 23 |
 EXHIBIT F
GLOSSARY OF TERMS
' Absence ;
The state of being. absent from one9s assigned duties for a petiod of lime though funds, in most cases, continue to
8be expended,

Absent without leave

Absent without authorization. Fy
+

Administrative Sergeannt
Reports directly 19 the City9s Commanding Officer (Captain or Majer) and assists in carrying9 out the
commander9s duties; functions as <Acting Police Chief9 in the absence of the City Police Chief, wears
appropriate rank insignia on city uniform consistent with KCSO rank; mteracts with the city staff and city
council members in accordance with RCW 35.18.110; and; is expected to present her/himself in the community
in a manner that supports and maintains trust in the contract city government and staff.

Alternative shift schedules

Subject to negotiation, this includes flex time (an employee9 s shift starting time may vary up to 4 hours from
normal).

Audit .
- A formal examination of the KCSO9s accounts or financial situation; a methodical examination and review.

. Backfill
Staffing a patrol district with some one other than the normally scheduled deputy due to a planned or unplanned
absence. ;

«Benefits
Medical, dental, unemployment, A & D and hfe insurance, retirement plans; and vacation, sick and holiday pays.

Bereavement Leave ;
Up to 3 days leave with pay that can be used when a member of one9s immediate family passes away.

BLET/BLEA . .
Basic Law Enforcement Training/Academy (720 hours).

Captain
Appointed by the Sheriff from a certified eligibility list provided by the King County Civil Service Commission and
subordinate to the rank of Major.

Car Per Officer (CRO)

Take home vehicles assigned to department members.

Career Service Employee

An employee who is appointed to a career service position as a result of a competitive examination process,

Chief
See <Contract City Police Chief9 below.

Chief (Division)
Appointed by the Sheriff with the consent of the County Council} and subordinate to the rank of Sheriff,

Created on 05/08/00 11:55 AM ; | EXHIBITF . : ale.

- EXHIBITA -- PAGE 24
 City Department Model :
Under the city department model, the level, degree and type of precinct/city services and the number of positions
assigned to those services shall be determined by the City in consultation with the King County Sheriff or
his/her
designee. For precinct level services, opcrates as a stand alone modet. :

City Police Precinct .

To qualify as a City Police Precinct, the following minimum standards must be met:
* meet or exceed all applicable city, state and federal codes and requirements.
* provide sulficient secure office space to accommodate all personnel permanently assigned to
the precinct.
* provide appropriate locker and shower/restroom facilities for all male and femate assigned staff.
* provide adequate secure, fenced parking for police vehicles, .
* provide at least two separate holding cells that meet all county, stale and federal codes
for temporarily
segregating and detaining male/female. and juvenile/adult prisoners,
* provide a private, secure entrance through which prisoners can be moved in and out of the
holding cell area.
* provide two interview rooms and a meeting/roll-cail room, : ,
* provide a permanent evidence storage room and additional safe, secure storage for small
arms ammunition,
explosives, flammable materials and other hazardous substances,
* provide a secure area in which to airdry wet evidence prior to packaging.
* provide a connection to the county. WAN and other applicable telecommunications systems
infrastructure
~ that meets or exceeds county standards. | ;
* provide concealed pistol permit and other administrative services to the public at the city police
precinct or
other city facility. , : |
Civil Service Employce
An employee who is appointed to a (governmen/) civil service position as a result of a competitive exarnination
process;
;

Clothing Allowance ;
Deputies not required to wear a uniform for al least one full month receive additional pay while
so assigned. .
Commissioned
Sworn officers/deputies.

Communications Center
Provides emergency telecommunications services between citizens and appropriate public
safety agencies on a
24 hour a day basis including a Computer, Assisted Dispatch (CAD) system that allows operators to dispatch
swom officers and non-swom community service officers {CSO9s) to calls for police services
and take some
types of incident reports via the telephone. a ,
Community Service Officer (CSO)
Non-swom, uniformed staff who do not have arrest authority.

Compensatory time
Time off that is granted with pay8in lieu of pay lo FLSA-overtime eligible employees
for work performed either
on an authorized overtime basis or on a holiday that is normally scheduled as a day off.

Contract City Police Chief _

Reports directly to Precinct Commander (if Major, directly to Division Chief); works
at the direction of city
tmanager/administrator and in compliance with KCSO Policy, Procedures & Directives; Interacts with city staff
and council members in accordance with RCW 35.18,110; Functions as a department head
within the contract
city structure. KCSO ranks that qualify for the chief's position are determined by city population
: Sergeant 4less .

Created on 05/08/00 11:55 AM | EXHIBIT F OO -2-

EXHIBIT A -- PAGE 25
 than 20,000: Captain ~ greater than 20,000: cities choosing the full city model department may select a Major as
chief.

Court overtime .
Deputies are compensated for court appearances, pre-trial hearings or conferences at the county overtime rate
stated in the Collective Bargaining Agreement, Article 8, Section 3.

Dedicated staff
Personnel regularly assigned to a contract city.

Deputy (Officer)
Appointed by the Sheriff from a certified cligibility list provided by the King County Civil Service Commission and
subordinate to the rank of Sergeant.

Disability
A person is considered to have a <disability= if s/he has a physical or mental impairment that substantially: limiis
one or more major hfe <activities, has a record of such an impairment, or is regarded as having such an
impairment.
é
f

Discretionary training |
Training not mandated by federal, state or county regulations.

Dispatched calls for service (DCFS)

Police details that are initiated through the communications center.

Educational incentive pay

Additional pay commensurate with an employee9s education.

Fair Labor Standards Act (FLSA)

A law governing compensation for hours worked/overtime.

Family Leave
Paid absence to care for a child, spouse or parent with a serious health condition (employees may receive up to 6
days paid leave per year to be used in lieu of sick leave for family care purposes).

Family Medical Leave Act (FMLA)

8Federal Emergency Management Agency (FEMA)

Field Training Officer (FTO)

An experienced deputy with special training used to train and evaluate recruit officers.

Field Training Program

An organized training program and standardized cvaluation process for recruit officers to ensure that each
candidate has an equal opportunity to succeed,

Field T raining Sergeant

Assists in the FTO selection process, monitors recruit and FTO. performance: iniliates,s, schedules, monitors and
documents any special recruit training assignments; completes weekly evaluation reports of reach Phase I]
recruit, schedules and chairs Alternate Week Evaluation meetings,

Flexible Services Model

Under the flexible services model, base level law enforcement services will be provided to the city in Proportion
io the City9s share of workload.

Created on 05/08/00 11:55 AM EXHIBIT Fo° : a -3-

EXHIBIT A -- PAGE 26
 Hazardous duty pay
Additional pay given to-a deputy while serving in one of the following assignments: helicopter, bomb disposal,
motorcycle, scuba diver,K-9, TAC-30, patrol, clandestine drug lab team.

Lateral Academy
Recruit training for lateral entry officers.

Lateral entry deputy/officer

A deputy hired with prior law enforcement experience.

Leaves of absence
Doverned by R-C.W. [Link] King County Ordinance 3.12.250.
Precinct or Section Commanders may grant up to twenty-four (24) hours of leave without pay for their
Depariment members under their command.

Leaves without pay over twenty-four (24) hours may only be granted by the Sheriff.
Ww

A) Leaves without pay for periods of more than one (1) menth shal} also be approved in writing and in
advance by the Director of the Office of Human Resource Management.

3, Department members shall obtain the appropriate memorandum form from the Personnel Unit, and complete
_ either: -
A) Medical leave of absence (other than maternity); or
B) Medical leave of absence (maternity).

Leave with pay .

Authonzed time off with pay - examples include vacation, compensatory time, and parental leave.

Leave without pay

Any absence of an employee from duty without compensation.

LEOFF 1
Law Enforcement and Fire Fighters Retirement System (Prior to October 1, 1977).

<LEOFF 2
Law Enforcement and Fire Fighters Retirement System (Since October 1, 1977).

Limited commission (also called a special commission)

Grants a deputy specific duties within a specified area.

Longevity pay
Additional pay given for length of service.

Major.
Appointed by the Sheriff with the consent of the County Council and subordinate to the rank of Division Chief.

- Managing Patrol Performance (MPP)

A computer based patrol staffing model.

8Mandatory training
Training that is mandated by state or federal regulations (i.e., Firearms, EVOC, Hazmat, First Aid and CPR).

Master Police Officer (MPO}

Cicated on 05/08/00 11:55 AM. . ; . EXHIBIT F : _ ae

EXHIBIT A -- PAGE 27
 A non-civil service position appointed by a Selection Committce Bl-annually from an eligibility list meeting the
criteria in KCSO General Orders Manual Section 1.06.000 and subordinate to the rank of Sergeant.

Media Relations Officer (MRO}:

[Link] to be responsible for organizing all media interactions.

Military leave
Leave of absence with pay for active military duty.

Non-chargeable services
Services generally deployed county-wide and not charged under the contract for legislative or policy reasons.

Non-commissioned
Non-sworn personnel,

Officer
See Deputy

Parental leave fo
Leave of absence to care for a newbom child, a newly adopted child or a newly placed foster child.

Permanent (Regular) assignment

Norma! duty sfation.

PERS 1
Public Employees Retirement System (Prior to October t, 197).

PERS 2
Public Employees Retirement System {Since October 1 1977).

Phase I Recruit
A deputy who is attending the Basic Law Enforcement Academy or one of the Pre or - Post BLEA courses.

Phase II Recruit .
A deputy who, after successful completion of the Basic Academy, is assigned to a precinct for field training for
three months with a series of three Field Training Officers (FTO9s).

Phase JE Recruit :
A deputy who successfully completes Phase II will be assigned to a district as a one-person unit/car under the
supervision of a MPO (recruits will have special training assignments and receive monthly observation reports).

Phase YV Recruit
A deputy who, after 12 months of employment, is- working safely, skillfully and effectively as 2 <competent
police officer= (the deputy is assigned a MPO mentor through the end of his/her probationary time, but no longer
_ has monthly observation reports).

Post BLET/BLEA
Post Basic Law Enforcement Training/Academy.

Pre BLET/BLEA
Pre Basic Law Enforcement 8Treining/Acaiemy.

Premium pay
Aditional pay for specialty assignment.

Created on 05/08/06 11:55 AM EXHIBIT F : Se

EXHIBIT A -- PAGE 28
 Promotion
The movement of an employee to a higher rank.

Quartermaster ;
A sergeant who provides uniforms and equipment for department personnel.

Retirement
:
Completing employment/service as administered and in accordance with the provisions of RCW Chapter 41.40, i

School Resource Officer (SRO) ;

A deputy who provides a school-based community policing presence at primary and secondary schools.

Shared Supervision Model

Under the shared supervision model, the level, degree and type of precinct/city direct services (such as reactive :
patrol, precinct detectives and city administrative sergeants, for example) and the number of positions assigned . :
lo those services shall be determined by the City in consultation with the King County Sheriff or his/her designee .
(Precinct command and supervision shal! be shared by the County and the City). Patrol and other precinct staff
may be dedicated 10 the City, but line supervision and other staff are shared with the rest of the precinct.

Sheriff ;
Elected Chief Executive of the King County Shenff9s Office.

Sick leave
Paid leave of absence from work due to employee orr family member9s tHness.

Transfer
Movement of an employee from one position to another position that has the same or comparable job:
classification and salary.

Temporary assignnient/position ;
An assignment/position that is not a regular assignment/posilion and includes probationary per iod or provisional
appointment. -

Fermination 4 , .
Separation of employment as a result of discharge, resignation, retirement, reduction in force, or death.

Vacancy
A position which is empty, unfi led, or unoccupied such that no funds are being expended.

Washington State Criminal Justice Training Center (WSC. ITC)

Commonly referred to as the <Academy=, the WSCJTC is located in the City of Burien, and serves as the
primary training site for western Washington police recruits.

og. |
EXHIBIT F -
Created on 05,)8/00 1 1:55 AM

. A -- PAGE 29
EXHIBIT . :
 EXHIBIT G .
ARSON INVESTIGATION COSTING MODEL

ARSON SERVICE TO CITIES

SUMMARY OF ESTIMATED COSTS FOR AVERAGE
OF 3 CALCULATION METHODS |
Updated for Cities participating as of 03/03/00

Percent Percent Percent $ Share

Basedon Based on Based on Average Average
Hours "Value Incident of Three of Three
Jrisciction Share _ Share Share Methods _ Methods
Black Diarond 13% © : 4.4% OD% - $1459 1.2%
Burien 20.4% 15% | 18.0% $22,007 17.8%
Caration 0.2%: O2%_- 04% $349 0.3%
Covington 95% 4.2% 29% $9,703 7.2% »
Des Moines 32% 41% 18% $3,666 3.0%
Dual. 0.4% 1.2% 0.9% $808 0.7%
Enumdaw 1.0% 74% 1.8% $4,208 34%
Kenmore 7.5%" 8.9% 12.4% $11,783 9.6%
VMeple Valey 3.7% 84% 61% $5625 BA
North Bend 1.9% 2.9% 22% $2,949 2.3%
Pacific 15% 41% 1.9% $3045 2.5%
Seatac 15.3% 19.0% 155% $20,360 16.6%
Sammarish, 5.1% 0.0% 4% $4,095 33%
Shoreline 25.7% 21.4% 18.5% $26,888 - 21.9%
Vbodinvile 37% 34% 51% $4,985 4.1%
Total 400.0% 100.0% 100.0% $122,929 100.0%

Created on 05/08/00 11:55 AM _ EXHIBITG

~ EXHIBIT A -- PAGE 30
 EXHIBIT H
ARSON INVESTIGATION
CALL OUT PROTOCOLS
Fire Investigation Unit - Call Out Protocols 4 Contract Cites FINV-0012b
Depasunenvissving Agency : . Effective Date
Building Services Division . : Apr 1, 2000
Appraved by Type af Action Page Mamiber

Revision Page}of3
10 SUBJECT TITLE: Fire Investigation Unit
- Call Out Protocols for contract cities

2.0 PURPOSE: ©

2.1 To outline the policies of 8the Kang County Fire Marshal's Office regarding the investigation of fires in
cities having a contractual agreement
for fire investigation with King County and to establish
recommended procedures to be followed by the responsible firc Suppression agency in determining when a
King County fire investigator should be requested.

3.0 ORGANIZATIONS AFFECTED:

@ OBA Department of Development and Environmental Services

3.2 King County Fire Marshal's Office .
3.3 Fire Departments/Districts providing fire suppression to a city that has contracted with the King County
Fire Marshal's Office for fire investigation services.
3.4 King County Sheriff's Office
3.5 Cities having contracts with King County for fire, investigation services -

4.0 REFERENCES: i . .

4.) Uniform Fire Code

42 R.C.W. Chapter Title 9 and 9A
43 R.C.W. 19.27.110
44 4 RC.W.52.12.031 (7)
45 R.C.W. 48.48,060
<46 King County Administrative Policies and Procedures
4.7 King County F ire Marshal Operating instructions Manual
48 King County Fire Marshal Policy & Procedure Manual.

Created on 05/08/00 11:55 AM EXHIBITH . 7 Sade

EXHIBIT A -- PAGE 31
 Number: FINV-0012b

@ Page 2 0f3

5.0 PROCEDURE:

3.1 The Fire Investigation Unit should be notified and respond to fires as follows: .
a, Fires where one or more deaths have occurred. ,
b. Fires where one or more serious injuries have occurred, and those: injuries have required or are expected to
require hospitalization of the injured party(s).
&, Fires that are suspected to be, or are known to be intentionally set and are not investigated by Fire -
Department personnel under one of the excepted categories in 6.2.
d. Fires where the fire suppression agency has not determined a cause, except -where the loss is S

minimal and there is no measurable value in determining the canse. a

e. _All fires where there is evidence that an explosive device was used lo initiate the fire or resulted in
8ihe fire occurring. ;
Note: This provision is not intended to include containers normally found at the fire scene that exploded a5 2
result of the fire, such as propane bottles, compressed air bottles or aerosol containers.

$2 The King County Fire 8Marshal's Office will maintain an investigative program designed to collect, store
and disseminate information relating to the prevention of fires, accidental or'arson caused, to reduce loss of
life, fire related injuries, incident frequency and monetary loss.

i
$3 Every effort will be made to determine the cause of every investigated fire.
ie
i.
5.4 Where thé cause has been determined to be arson, the Fire Investigation Unit of the King County Fire |

Marshal's Office shall perform the follow-up investigation and preparation of criminal charges where
appropriate.

5.5 In incidents tivolving death or scrious injury where hospitalization was or is expectedto be required, all
reports, evidence, and photographs will be properly secured by the fire investigation unit until the case has
been resolved 4
A
2
oo
5.6 The King County Fire Investigation Unit will compile and submit monthly UCR (Uniform Crime d

Reporting) data for the Federal Bureau of Investigation to the King County Sheriff's Office, for cities who
contract with the King County Shenffs Office for police services and to the City Police department for all
cities that maintain their own Police Department if requested.

6.0 RESPONSIBILITIES:

6.1 The King County Fire Investigation Unit is responsible for the investigation of alll fires that have been
investigated by the Fire Investigation Unit as outlined in section 5.1 of this document.

Number: FINV-0012b

Page 3 of 3

Created on 05/08/00 11:55 AM 2 EXHIBIT H L = 2-

EXHIBIT A -- PAGE 32
 6.2 Qualifi ed Fire Department personnel in the responsible fire suppression agency may conduct fire ©
investigations in the following categories:
a. Intentionally set fires in9 Dumpsters and other refuse/garbage containers,
b. Intentionalfy set ftres in Newspaper collection containers
c. Intentionally set fires in Newspaper distribution structures (Times, P.L, eic.).
d. Intentionally set fires in8 Containers used for collection of clothing, etc.
e. Intentionally set fires in abandoned vehicles with a value less than $250,
f. And other sneh fires as the responsible fire department is qualificd to investigate.

63 For investigations conducted by Fire Departmeni personnel fér the investigations noted in section 6,2
above the folowing recommended procedures may be followed:
a. Notification of the King County Fire Investigation Unit the9 following business day of all fire
investigations conducted by the Fire Department in accordance with Section 6.2 for all'fires thai
were determined to be intentionally set.
Examination of the fire scene to determine area, point of origin and cause
Identification, protection, preservation and collection of al] physical evidence for all fires that
were determined
8to be. intentionally set. Fire department personnel will assist the responsible
police department patrol unit in packaging of evidence, which will. then be transported by
the
patrol unit for storage.
Preparation of a comprehensive fire investigation report using the King County Fire Investigation
Unit format and, where necessary, a fire scene sketch for all fires that were determined to be
intentionally set.
Photographing of the fire scene should be accomplished in three (3) steps, 1) prior to disturbing
any debris or other items at or near the point of origin, 2} once again during the examination
and
3) at the conclusion of the examinations. Any ilems considered to be evidence should be shown
in photographs at the time and place they were discovered and identified. .
Notification of the responsible police department via the police communications center where
arson is suspected or confirmed.
Forwarding of the fire report along with all 8available information obtained during
the
investigation and transfer of the physical evidence, where appropriate, to the Fire Investigation
Unu for all fires that were determined to be intentionally set.
Forwarding a copy of the photographs (or other acceptable photographic medium) and the
negatives of the incident to the Fire- Investigation Unit for all fires that were
determined to be
intentionally set.

ingirecord?
taresre
re Pega
Cy
8e-Constructi n

Created on 05/08/00 11:55 AM EXHIBIT H , 3.

EXHIBIT A -- PAGE 33
EXHIBIT A -- PAGE 34
©
i
;
5
ib

:
Boba are ge ee een Seen A ecemitetitiebated
hat tan dearer
 Burien Contract # 0975

City of Burien, Washington

Contract Routing Sheet
Name of Contracting Party: King County Sheriff's Office
Project Name/Description: Amendment relatingto Fire Investigation Services being moved from
: DDES to Sheriff's Office
Contract Amount: $ N/A.
(Include Contractor's Proposal Amount and Sales Tax)

Type of Contract:
|_|Architectural/Engineering | |Construction | |Human Services/Arts
["] From Engineering Roster {_} informal Bidding Process Done-3 bids &Culture/City Match
[] Advertised Bidding Done {less than $20,009/$3 5,000)
[] From Smal! Works Roster [_ Other: |
[_]Professional Services - _($20,000/35,000 to $100,000) :
(Non-Engineering} / Z| Competitive/Advertised Bidding Done (IContract Amendment
[1 Bids received (Pver $100,000) to Contract No.0975
L"| Direct Negotiation [7] Other:
(Please attach a list of all bids received)

~ Is this contract authorized in the current year9s budget? rT Yes. [} No

if budgeted, list Fund/Dept.: General Fund ~ Police Services

Page# in Budget | Budget line item amount: $

If tot budgeted, Fund/Dept where should be budgeted?

coe
' Is a budget amendment needed? [| ¥es [_] No Amount? $
Date of Council Approval: November 3; 2008
(Please attach a copy of the agenda bill and backup.)
REVIEWED BY: . .
Contract Manager: [abaths 7 Date:

Department Director: 4 : Date:

. . a s
Management Analyst: aan Pee mrcng Date:

; a Routing Instructions: }
mo, Contract File Checklist; -
CJ Send original to Contractor for their signature and then ;
provide a copy of the fully signed . contract fo Purchase Order #

O Tax (D Form
Contract is already signed by Contractor, please . .
C]
provide a copy of they SEfully y
signed contract P to: O Current Business License
; OQ) -Insurance Certificate
im Other (Please describe) x Contract Fully Signed

DocumenI

EXHIBIT A -- PAGE 35
 Cavan
KING CQUNTY SHERIFF'S OFFICE
556 Third Avenue, W- 116
Seattle, WA 98104-2312 . a
Tel: 206-296-4155 © Fax: 206-296-0168 a . . oo. : 4

Susan L, Rabr : x
Sheriff : |

May 8, 2009

; S
Ms. Lori Fleming -
Management Analyst ; ; :
15811 Ambaum Blvd SW, Suite C _ z
Burien, Wa, 98766 ae ' &

,
/
RE: ~ Fire investigations Amendmentte 2000 Interlocal Agreement ; | :

Dear [Link]: o ;
Enclosed please find one signed original version of the most recent amendment to our Interlocal Agreement for
8law enforcement services. This amendment makes the changes we agreed to regarding the Fire Investigations :
Unit's move from the Department of Development and Environmental Services (DDES) tothe Sheriffs Office in :
2008.

We value our continuing partnership with you and your city. If ve can be of any assistance, or if you have
questions regarding this amendment, please don9t hesitate to call me at (206) 208-0470"

Thank you, . oo : f

Robin Rask _ me
King County Sheriff's Office, Contracting Unit CO,

ce: Chief Greg Dymerski, KCSO Criminal Investigations Division

Captain Debbie Huntsinger, KCSO Major Investigations: Section
KCSO Budgeting & Accounting
KCSO Contracts File

Enclosure

orm LH

EXHIBIT A -- PAGE 36
 ORIGINAL
Amendment to Interlocal Agreement
Between King County and Cities of Beaux Arts, Burien, Covington, Kenmore, Maple Valley,
Neweastle, North Bend, Sammamish, SeaTac, Shoreline, Skykomish, and Woodinville
for Law Enforcement and Fire Investigation Services

WHEREAS, the parties entered into an Interlocal Agreement for law enforcement services in 2000:

AND WHEREAS, in 2002 section 6.19.1 relating to fire investigation services was amended;

NOW THEREFORE:

1) Section 6.19 is amended as follows: °

6.19 Fire Investigation

6.19.1 Beginningin-the year-2000;t]he City may pu rchase fire investigation services through this
agreement. These services will be provided by the King Cou nty Sheriff's Office (KCSO)
Department ef Development and Environmental Services (ODES) Fire Marshal's Office by :
separate agreement
with the HES6 and are optional to the city. if the city purchases fire
investigation services from the County, Fthe cost for this service is shown on Exhibit B, and will
be calculated in accordance with Exhibit G: <Arsen Fire Investigation Costing Model.= Fire
investigation callouts will be in accordance with protocols outlined in Exhibit H: <Arsen Eire
investigation Call Out Protocols,= unless superseded by new or revised protocols adopted by
the Oversight Committee, (@BES}KCSO, and affected fire agencies.

intentofthese-partiesis-that the Oversight Committee will make a recommendation tor furute

service delivery by October 2000

EXHIBIT A -- PAGE 37
6.19.3 Day-to-day fire investigation operational issues will be handled at the lowest practical

organizational level. This may typically include staff from the city police, fire agencies and
BBES King County Sheriff's Office.

2) Exhibit G is amended as follows:

EXHIBIT G: ARSON FIRE INVESTIGATION COSTING MODEL

Pursuant to section 6.19 of the Interlocal Agreement Relating to Law Enforcement Services,
the King County Sheriff's Office {KCSO} Departmentof Develepmentane-Envirenmentat
Services {OBES} will provide optional Lfire investigation services to cities contracting with the
King County Sheriff's Office KE50 for police services. The extent to which contract cities use
these fire investigation services is not likely to be uniform, This exhibit sets forth the model by
which costs of providing such service is to be allocated among the contracting cities. -

A city will be charged in accordance with its percentage of historic usage of the service. The
total cost to the County is reflected in Exhibit B, as updated by the County from year to year. A
percentage of that total cost is assigned to each city based on its historic usage. The |
percentages of historic usage by cities are updated for each successive contract year, A three-
. year average is used with the most recent year being added and the oldest year being deleted.
Asummary table setting forth the current updated percentage assigned to each city is

included in Exhibit B. | .

To determine the cost for each city, the total County cost identified in Exhibit B shall be
_ multiplied by the city9s average percentage of use indicated on the most current summary
table (Exhibit B). Each city must pay the amount specified whether the service is used during
the contract year or not. Ifa city does not use the services during the contract year, that city9s .
percentage assignment for fire investigation services will drop due to the three-year averaging
_ approach described above. There is no refund for low usage or non-usage.

In the event that cities collectively utilize more or fess hours than the previously established ,
<share= of the Fire Investigations Unit assigned to contract cities, and the total pregram-cest

EXHIBITA -- PAGE 38
 aswirate ea SL.

city charge no longer meets accordingly exceeds the total cost to the County sebferthin

ounty shall adjust the <share= in the following year9 ibit B per Section 4
{Compensation) of the ILA. Any "share= adjustment shall req uire the approval of a majorityof

Oversight Committee members. those cities exceeding their assigned percentage shaltbe
responsible for theadditional-cost-4Additional costs shattbe billed 40 ities at-the BES:
hourly overtime rate-set-forth- fr ExhiBie-B;

3} Exhibit H is amended as follows:

EXHIBIT H: ARSON FIRE INVESTIGATION CALL OUT PROTOCOLS

i
é

1.0 SUBJECT TITLE: King County Sheriff's Office Fire Investigation Unit - Call Out Protocols for

contract cities

2,0 _ PURPOSE:

2.1 To outline the policies of the King County Fire Marshal's Sheriff's
Sheriff's: Office regarding the
investigation of fires in cities having a 8contractual agreement for fire investigation with
King County and to establish recommended procedures to be followed by the responsible
fire suppression agency in determining when a King County fire investigator should be
requested.

30 ORGANIZATIONS AFFECTED:

3-14_Department of Development-and Environmental Services

321 King Coun
Fire ty
Marshabs Sheriff's Office
3.32 Fire Departments/ Districts providing fire suppression to a city that has contracted with
the King County Fire-Marshat's for fire investigation services, .
3.4-County
4Kin Office
Sheriff'sg
3.53 Cities having contracts with King County for fire investigation services

40 . REFERENCES:

EXHIBIT A -- PAGE 39
 4d . Uniform International Fire Code
4.2. R.C.W. Chapter Title 9 and 9A . :
43 RCW.1927.110 | | oo: -
44 RCW. 52.12.031(7).
4.5 R.C.W.48.48.06050
4.6 King County Administrative Policies and Procedures :
3

47 King County Fire Marshal Operating instructions Manual

4.8 King County Fire Marshatinvestigation Unit Policy & Procedure Manual

5.0 PROCEDURE:

5.) The Fire Investigation Unit should be notified and respond to fires as follows:
a. Fires where ane or more deaths have occurred,
b. Fires where one or more serious Injuries have occurred, and those injuries
have required or are expected to require haspitalization of the injured party(sh.
c. _ Fires that are suspected to be, or are known to be intentionally set and are not
investigated by Fire Department personnel under one of the excepted
8categories in 6.2. 4_ oo
d. Fires where the fire suppression agency has not determined a cause, except
where the loss is minimal and there is no measurable value in determining the
cause,
e. All fires where there is evidence that an explosive device was used to initiate
the fire or resulted in the fire occurring:

Note; This provision is not intended to include containers normally found at the fire scene
that exploded as a resutt of the fire, such as propane bottles, compressed air bottles or aerasol <
containers.

5.2 8The King County Fire- Marshals Sheriff's Office will maintain an investigative program
designed to collect, store and disseminate infoymation relating to the prevention of

EXHIBIT A -- PAGE 40
 Dan etna

fires, accidental or arson caused, to reduce loss of life, fire related injuries, incident

frequency and monetary loss.

5.3 Every effort will be made to determine the cause of every investigated fire:

54 Where the cause has been determined to be arson, the Fire Investigation Unit of the

King County Fire-Marshat's Sheriff's Office shall perform the follow-up investigation
and preparation of criminal charges where appropriate.

5,5 8Inincidents involving death or serious injury where hospitalization was or is expected
to be-required, all reports, evidence, and photographs will be properly secured by the
fire investigation unit until the case has been resolved

5.6 The King County Fire Investigation Unit will compile and submit monthly UCR
(Uniform Crime Reporting) data for the Federal Bureau of investigation to the King
County Sheriff's Office, for cities who contract with the King 8County Sheriff's Office for
police services and to the City Police department for all cities that maintain their own
Police Department if requested.

57. Fire investigators will submit a scene report within:-48 hours of an incident to the

police chief and fire chief. : :

RESPONSIBILITIES:

61 The King County Fire Investigation Unit is responsible for the investigation of all fires
that have been investigated by the Fire Investigation Unit as outlined in section 5.1 of
this document.

6.2 Qualified Fire Department personnel in the responsible fire suppression agency may

conduct fire investigations in the following categories:

a. Intentionally set fires in Dumpsters and other refuse/garbage containers.
b. Intentionally set fires in Newspaper collection containers

EXHIBIT A -- PAGE 41
 Intentionally set fires in Newspaper distribution structures (Times, PL, etc).
Intentionally set fires in Containers used for collection of clothing, etc.
Intentionally set fires in abandoned vehicles with a value less than $250.
And other such fires as the responsible fire department is qualified to
investigate.

6.3 For investigations conducted by Fire Department personnel far the investigations
noted in section 6.2 above the following recommended procedures may be followed:
a. Notification of the King County Fire Investigation Unit within 48 hours the
fellewing-business day of all fire investigatio ns conducted by the Fire
Department in accordance with Section 6.2 for all fires that were determined

to be intentionally set. - 7
Examination of the fire scene to determine area, point of origin and cause
Identification, protection, preservation and collection of all physical evidence
9 for aif fires that were determined to be intentionally set. Fire department
personne! will assist the responsible police department patrol unit in
packaging of evidence, which will then be transported
by the patrol unit for
storage.
Preparation of a comprehensive fire investigation report using the King
County Fire Investigation
Unit format and, where necessary, a fire scene sketch
for ail fires that were determined to be intentionally set. |
Photographing of the fire scene should be accomplished in three (3) steps, 1}

prior to disturbing any debris or other items at or near the point of origin, 2)
once again during the examination and 3) at the conclusion of the
examinations. Any items considered to be evidence should be shown in
photographs at the time and place they were discovered and identified.
Notification of the responsible police department via the police
communications center where arson is suspected or confirmed.
_ Forwarding of the fire report along with all available information obtained
during the investigation and transfer of the physical evidence, where
appropriate, to the Fire Investigation Unit for all fires that were determined to

be intentionally set.

EXHIBIT A -- PAGE 42
 h, Forwarding a copy of the photographs (or other acceptable photographic
medium) and the negatives of the incident to the Fire investigation Unit for ail
fires that were determined to be intentionally set.

Note: The proper documentation of fire incidents, accidental or arson, is critical, The
scene examination must provide factual information describing what, where,

why, and how this fire occurred. Photographs, properly taken, will provide a
picture record of the conditions on arrival, during examination, and at the
conclusion, The combination will be the basis for re-construction of the fire
scene, determination of important time factors'and sequence of events prior
to and at the time of the fire, including the fire tactics used in exting uishing
the fire, an important consideration.

4) This amendment replaces any previous amendments.

IN WITNESS WHEREOF, the parties have executed this agreement.

. ,
t .

KING COU . City of Burren.

King Co unty Executive Chief Executive Officer ,

Approved as to Form Approveg,as to Foym

Cu
Senior Deputy Prosecuting Attorney 8city Attorney
for DAN SATTERBERG .
King County Prosecuting Attorney

. EXHIBIT A -- PAGE 43