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PRHSPSC PKT 01-12-2021City of Federal Way City Council Parks, Recreation, Human Services & Public Safety Committee January 12, 2020 City Hall 5:00 p.m. Video Conference MEETING AGENDA Notice: Pursuant to Governor Inslee's Proclamation 20-28, all in -person meetings are prohibited until further notice. The Mayor and City Council are providing opportunities for public comment by submitting written comment or calling into the meeting to provide oral testimony. To access these options please use the following: Click Here to Watch Online Live Streaming Video of the Meeting Listen to the live meeting: (888) 788-0099 or 253-215-8782 Meeting ID: 691 054 979 Sign -Up* here to give citizen comment during the meeting (via calling -in) Click Here to submit written comments to the PRHSPS Committee Meeting Watch from the Zoom mobile app with meeting: 691054979 and password: 442570 1. CALL TO ORDER 2. PUBLIC COMMENT (3 minutes) 3. COMMITTEE BUSINESS Topic Title/Description Presenter Page Action Council or Info Date A. Approval of November 10, 2020 Minutes 3 Action N/A B. Veteran Advisory Committee Proposal to Honor Vadino 7 Action Council Veterans and Families to be Funded by King County Business Veterans Program Grants 1/19/21 C. Landscape Structure Retainage Release Gerwen 11 Action Consent 1/19/21 D. "On -Call" Electrical Services Contract Amendment Gerwen 13 Action Consent Committee Members Linda Kochmar, Chair Lydia Assefa-Dawson Greg Baruso City Staff John Hutton, Parks Director Mary Jaenicke, Administrative Assistant II 1/19/21 K:\PRHSPS Committee\2021\13RHSPSC Agenda 01-12-2021.doc Topic Title/Description Presenter Page Action Council /Info Date E. Lease Agreement between Balli Road, LLC and the City Bunk 19 Action Consent of Federal Way for Downtown Substation 1/19/21 F. The Humane Society for Tacoma and Pierce County Jones 29 Action Consent Agreement for Shelter and Related Services 1/19/21 G. Police Services Agreement with Commons Mall Jones 39 Action Consent 1/19/21 H. ATS Verra Mobility Traffic Safety Cameras Jones 49 Action Consent 1/19/21 I. Jail Services Contract — King County Jail Schwan 73 Action Consent 1/19/21 J. Jail Services Contract — Issaauah Citv Jail Schwan 101 Action Consent 1/19/21 A. Donation Clearing House Discussion Only 5. FUTURE MEETING: The next PRHSPS meeting will be February 9, 2021 at 5:00 p.m. 6. ADJOURNMENT The Council Committee may add items and take action on items not listed on the agenda at any regularly scheduled meeting. Committee Meetings are video recorded and may be televised on Government Access Channel 21. To view Committee Meetings online please visit FWTV at www.citvoffederalway.com. Committee Members Linda Kochmar, Chair Lydia Assefa-Dawson Greg Baruso City Staff John Hutton, Parks Director Mary Jaenicke, Administrative Assistant II K:\PRHSPS Committee\2021\PRHSPSC Agenda 01-12-2021.doc City of Federal Way City Council PARKS RECREATION HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, November 10, 2020 5:00 p.m. SUMMARY Committee Members Participating via Video Conference: Chair Kochmar and Committee members Assefa-Dawson and Baruso Council Members Participating via Video Conference: Council President Honda and Councilnmember Craft Staff Members Participating via Video Conference: Del Kolde, Assistant City Attorney, Andy Hwang, Chief of Police, Steve Neal, Deputy Chief of Police, Kurt Schwan, Commander, Sarah Bridgeford CDBGIHS Manager, John Hutton, Parks Director and Mary Jaenicke, Administrative Assistant II. Chair Kochmar called the meeting to order at 5:00pm Public Comment: None BUSINESS ITEMS Appravai of Minutes Committee member Assefa-Dawson motioned to approve the October 13, 2020 minutes as written. Committee member Barnso seconded. Motion passed. 2021-2022 Human Services General Fund Grant Recommendations Staff Bridgeford provided the background information. There are three strategy areas for the City's grant funding: 1) Address basic needs. 2) Promote individual community and safety through prevention, intervention and crisis services. 3) Promote services that foster stability and self-sufficiency for families and individuals. The funding is for the period of 2021-2022. The estimated funding available is $536,000.00. Federal Way received 77 applications and 75 of the applications were complete and submitted on time. The 75 applications requested a total of $1,488,907 in funding; this is the highest cumulative requested amount since the City began providing grant funding, The Human Services Commission read and evaluated the applications. The commission made two sets of recommendations. One set is at $536,000 annually as is included in the proposed 2021-22 budget. The second set is for a total of $570,000 and is not in the 2021-22 proposed budget. The total number of applications in the $536,000 recommendation is 48 applications, 41 of those are funded with general funds and seven are funded with the CDBG funds. Committee member Baruso moved to forward the proposed Human Services General Fund grant recommendations to the November 17, 2020 agenda for public hearing and approval. Committee member Assefa-Dawson seconded. Motion passed. Program Year 2021 Community Block Grant (CDBG) Annual Action Plan Staff Bridgeford provided the background information. The majority of the funds are for capital and economic development and a small portion is for public services. The annual action plan serves two purposes: Demonstrate how federal funds will support communities in achieving defined goals and expected outcomes and a resource for communities to see how federal funds will be used and the proposed impact. The 2021 Annual Action Plan has been based on the 2020 award of $735,417. The Annual Action Plan includes three areas of funding: 1) Planning and Administration, 2) Public Services and 3) Community Economic Revitalization Funding. The Annual Action Plan provides descriptions of how funds will be prioritized to achieve goals identified in the Consolidated Plan. Projects funded by the city will address the priority needs of providing assistance to prevent homelessness, ensure affordable K:IPRHSPS Committee1202MI1-10-2020 Minutxmdoc PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, November 10, 2020 Summary Page 2 housing, expand economic opportunity, and provide a suitable lining environment. Committee member Assefa-Dawson moved to forward the program year 2021 CDBG Annual Action Plan to the November 17, 2020 agenda for public hearing. Committee member Baruso seconded. Motion passed. Jail Services Contrat — SCORE Jail Commander Schwann provided the background information. The City of Federal Way separated from the SCORE .Tail last year and has been using contract jails to house inmates, which has been successful. SCORE approached the City of Federal Way and asked the city to come back to SCORE as a contract city. Being a contract city will result in a much larger savings to the city than being a member of SCORE. This would be a three bed guarantee per day contract. The projected annual cost would be approximately $175,000. Committee member Baruso moved to forward the proposed agreement to the November 17, 2020 Council consent agenda for approval. Committee member Assefa-Dawson seconded. Motion passed. Agreement between the Washington Traffic Safety Commission (WTSC) and the Federal Way Police Department to provide Grant Funding for Law Enforcement Liaison Services Commander Schwann provided the background information. The Law Enforcement Liaison (LEL) is a supervisor from one of the regional agencies that helps the Target Zero manager oversee all the aspects of the Target Zero enforcement. The City of Federal Way is a part of Region 718 which is the north and south King County region. The south LEL — is a Lt. with the Federal Way Police Department. Lt. Schultz receives and additional $1,500 which can be used for training or equipment that he can utilize. Committee member Assefa-Dawson moved to forward the Contract between the WTSC and the Federal Way Police Department to the November 17, 2020 Council Consent Agenda for approval. Committee member Baruso seconded. Motion passed. Agreement between the Washington Traffic Safety Commission (WTSC) and the Federal Wad Poice Department to provide Grant Funding for Traffic Reinforcement Commander Schwann provided the background information. This is a grant from the WTSC in the amount of $13,000 that is used for DUI, motorcycle safety and distracted driving enforcement. This funding reimburses the Federal Way Police Department for overtime expenses. Committee member Baruso moved to forward the proposed Agreement to the November 17, 2020 Council consent agenda for approval. Committee member Assefa-Dawson seconded. Motion passed. Kiewit Bridge and Marine Extra Duty Police Services Agreement Deputy Chief Neal provided the background information. There are many times when off duty Police Officers assist at construction sites. Kiewit would like to enter into an agreement with Federal Way for Police Extra Duty Officers for the upcoming Federal Way Link Extension Project. The term of this agreement is from the date of signatures through December 31, 2021. Kiewit will pay the City for reimbursement of all police services. Officers will work these.jobs during their off -duty hours. Committee member Assefa-Dawson moved to forward the proposed Extra Duty Police Services agreement to the November 17, 2020 consent agenda for approval. Committee member Baruso seconded. Motion passed. Regency Cleaners - "Goods & Services" Agreement for Police Uniform and Plainclothes Dry Cleaning Deputy Chief Neal presented the background information. The Federal Way Police Department went out to bid for dry cleaning services and Regency Cleaners is the only contractor that submitted a bid. The department has been using this company for years and they meet the Police Department's dry cleaning needs and required specifications. Committee member Baruso moved to forward the proposed Agreement to the November 17, 2020 consent agenda for approval. Committee member Assefa- Dawson seconded. Motion passed. 4 PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, November 10, 2020 Summary Page 3 Other Chair Kochmar asked Deputy Chief Neal to guesstimate approximately how many homeless camps there are in Federal Way. Deputy Chief Neal answered that there are approximately 100 that they are aware of. Council President Honda asked approximately how many there are in each camp. Deputy Chief Neal stated that there are usually one to two people per tent. Chair Kochmar asked if the department is in contact with them when there's epld weather to notify them of services that are available. Deputy Chief Neal answered that they are in contact with them quite a bit along with other organizations. They do make them aware of services that are available to them_ They are in contact with them year round. NEXT REGULAR MEETING January 12, 2021 ADJOURNMENT Meeting adjourned at 6:02p.m. 5 This Page Left Blank Intenti6nally PARKS, RECREATION, HUMAN SERVICES AND PUBLIC SAFETY COMMITTEE MEETING DATE: January 12, 2021 CO[1NCUL MEETING DATE: Tuesday, January 19, 2021 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: VETERANS ADVIsGRY COMMITTEE PROPOSAL TO HONOR VETERANS AND FAMILIES TO BE FUNDED BY KING COUNTY VETERANS PROGRAM GRANTS. POLICY QUESTION: Should the City of Federal Way approve the Veterans Advisory Committee's proposal to place a flag pole, service medallions, plaque, and lighting to be located at the top of the Town Center Steps adjacent to the Performing Arts and Event Center? This proposal would be funded by King County Veterans Program grants totaling $19,999, and would honor veterans and families. COMMITTEE: PARKS, RECREATION, HUMAN SERVICES AND PUBLIC SAFETY CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing X City Council Business ❑ Resolution Other STAFF REPORT BY: Sill Vadino, Policy Advisor DEPT: Mayor's Office Attachments: Staff report. Options Considered: (1) Approve forwarding proposal to Council. (2) Disapprove forwarding proposal to Council. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: IV V I Id ( 1,74zDIRECTOR APPROVAL: NIA Commune Caunci Initial/Date initiaMate initial/Date COMMITTEE RECOMMENDATION: Linda Kochmar Lydia Assefa-Dawson Greg Baruso Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposal by the Veteran's Advisory Committee to place a flagpole, service medallions, plaque, and lighting to be located at the top of the Town Center steps adjacent to the Performing Arts and Event Center, to be funded by King County Veterans Program grants. " BELOW TO BE COMPLETER BYCITY CLERICS OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL SILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 12/2017 RESOLUTION # 7 CITY OF FEDERAL WAY MEMORANDUM DATE: January 12, 2021 TO: Parks, Recreation, Human Services & Public Safety Committee VIA: Jim Ferrell, Mayor FROM: Bill VadinoS y Polic Advis SUBJECT: veterans Advisory Group oposal for a Tribute to Veterans and their Families to be located at the Town Center steps adjacent to the PAEC The Veterans Advisory Group was formed by Mayor Ferrell in the summer of 2018 to recommend the appropriate way to honor our veterans and their families. Currently, members of this committee include the following veterans and community members: Susan Honda, Council President; Dan Altmayer; Frank Bannister; Bob Celski; Roger Flygare; Jack Garfield (Eagle Scout); Gene Hunt; Bob Kellogg; Diana Noble-Gulliford; Keith Selthofer Lori Steinhorst; and Dick Whipple. The group has been extensively studying tributes and memorials for veterans in our area as well as regionally, nationally, and internationally. After coming to a consensus about features and elements from the other locations, the members attended community events and informally polled citizens on what they would like to see as a tribute to our veterans and their families. There was also discussion of fundraising strategies, whether or not to form a non-profit, or work with other community groups. In February just before the COVID-19 outbreak, the group held a Saturday retreat in order to build a consensus on next steps. It was around this time the first $10,000 grant was facilitated by King County Councilmember Pete von Reichbauer from the King County Veterans Program. In mid -December outside the PAEC, King County Councilmember von Reichbauer brought together a group of veterans and the Mayor to announce the additional funding of $9,999 and to take a photo. He took an impromptu and unofficial poll to gauge opinion on using the funding to place a flag pole, service medallions, plaque, and lights at the top of the Town Center steps just adjacent to the PAEC. The group was in favor of the idea, and the Mayor announced he would immediately convene a meeting of the official Veterans Advisory Group to get their input on the idea. In light of the timing for the two grants of $19,999 from King County, this left a short window to allocate the funds. A few days later on December 161, the Mayor convened the official advisory committee including the Council President, to formally discuss the proposal. Page 2 The group was updated on a study of a proposal that had been previously discussed to site the tribute for veterans at the southeast corner of Town Square Park. However, a study by our Parks Department concluded that there were significant drainage and infrastructure issues which would result in exorbitant costs to use that location. After discussion, the unanimous decision by the group was to recommend to the Council to move forward with a flag pole at the top of the Town Center Steps utilizing this grant funding. The project would also include a medallion or marker for each of the service branches at the base of the flag pole, which would be approximately 30-35' in height. The advisory group also unanimously felt that this project is the beginning of a Veterans Memorial and does not reflect a final project --but it would be a definitive start. In light of the group's recommendation, the Mayor is recommending that the Parks, Recreation, Human Services, & Public Safety Committee approve the above -referenced proposal from our Veterans Advisory Group to use King County Veterans Program grants funding to honor our veterans and their families. Specifically, the advisory group's proposal is to place a flag pole, service medallions, plaque, and lighting to be located at the top of the Town Center Steps adjacent to the Performing Arts and Event Center. This project would be funded by King County Veterans Program grants totaling $19,999 that was secured by King County Councilmember Pete von Reichbauer. The Mayor's recommendation is to approve this proposal and forward to Council. Z This Page Left Blank intentionally 10 COUNCIL MEETING DATE: January 19, 2021 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: LANDSCAPE STRUCTURES RETAINAGE RELEASE POLICY QUESTION: Should the City accept the installation of the playground equipment at Mirror Lake Park by Landscape Structures as complete and authorize staff to release their retainage? COMMITTEE: PRHSPS Committee MEETING DATE: 1/12/21 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jason Gerwen Parks Deputy Director DEPT: Parks Attachments: 1. Staff Report Options Considered: 1. Approve the installation of the playground equipment as complete and release $4,560.73 to Landscape Structures. 2. Do not approve the installation of the playground equipment as complete and the release of $4,560.73 to Landscape Structures and provide direction to staff. MAYOR'S RECOMMENDAMN: Option 1. MAYOR APPROVAL: r IRECTOR APPROVAL: /�1nZa otnrnit c C01 eun Inn rliate tnni-A Ic but l atc COMMITTEE RECOMMENDATION. I move to forward the acceptance of the Landscape Structures installation of the playground equipment at Mirror Lake Park as complete and forward the authorization of staff to release their $4,560.73 retainage to the January 19,2021 City Council consent agendafor approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval to accept the installation of the playground equipment at Mirror Lake Park as complete and authorize staff to release retainage in the amount of $4,560.73 to Landscape Structures. (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL SILL # ❑ DENIED First reading ❑ TABLEDIDEFERREDINO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED . Q2019 RESOLUTION # 11 CITY OF FEDERAL WAY MEMORANDUM DATE: January 12, 2021 TO: City Council Members VIA: Mayor Jim Ferrell John Hutton, Parks Director FROM: Jason Gerwen, Parks Deputy Directo SUBJECT: Landscape Structures Retainage Release Financial Impacts: The remaining cost of $4,560.73 to the City, for retainage release on the new Landscape Structures Playground equipment installed at Mirror Lake Park was included within the approved budget under the Parks Department, 303-7100-132-594-76-650. In accordance with the approved budget, this item is funded by BEET. Background Information: The City worked with Landscape Structures through KCDA to install new playground equipment at Mirror Lake Park in the amount of $99,997.79. Prior to the release of Retainage on Public Works projects the City Council must accept the work as complete to meet State Department of Revenue and Department of Labor and Industries requirements. 12 Rev. 7118 COUNCIL MEETING DATE: January 19, 2021 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: "ON -CALL" ELECTRICAL SERVICES CONTRACT AMENDMENT POLICY QUESTION: Should the City Council amend the contract by adding compensation and extending the term with JGM Technical Services for "on -call" electrical services and authorize the Mayor to execute the contract? COMMITTEE: PRHSPS MEETING DATE: January, 12, 2021 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution STAFF REPORT BY: Jason Gerwen, Parks Dept Director Attachments: 1. Staff Report 2.On-Call Electrical Services Contract Amendment ❑ Other DEPT: Parks Options Considered: 1. Approve the proposed Amendment. 2. Do not approve the proposed Amendment and provide direction to staff MAYOR'S RECOMMEND"IOX: Option 1. MAYOR APPROVAL: 4 .` 1 DIRECTOR APPROVAL: Cout'16 v �ialloa�r lnllgsUDatC oe COMMITTEE RECOMMENDATION: "I move to forward the proposed Amendment to the January 19, 2021 consent agenda for approval. " Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed Amendment and authorize the Mayor to execute said agreement. " (BELOW TO BE COWLETED BY CITY CLERKS OFFICE' COUNCIL ACTION_ ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactatent reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — t 1/2019 RESOLUTION # 13 CITY OF Federal Way Parks and Facilities Division Date: January 12, 2021 To: PRHSPS Council Committee From: Jason Gerwen, Parks & Facilities Deputy Director Via: Mayor Jim Ferrell John Hutton. Parks Director Subject: "On -Call" Electrical Services Contract Amendment Financial Impacts The cost to the City for "On -Call' Electrical Services was included within the approved budget under the Pants Department 001-7100-331-576-80-480. En accordance with the approved budget, this item is funded by the General Fund. The proposed amendment will add $99,000 in compensation for a total contract amount of $198,000. Original contract: $99,000 Current Proposed Amendment #1 199,000 Total amount of contract $198,000 Background: In 2017 staff bid "On -call' Electrical Service invitations, the bid from JGM Technical Services was responsive to the request and this company has provided quality services to the City In the past. Staff recommends extending their contract for an additional 3-year contract term for "On -call" Electrical Services in the amount of $99,000. On -Call electrical services includes any/all electrical needs for the city as we do not have a certified electrician on staff. (i.e. new service lines, panel replacements, copper wire theft repairs, troubleshooting, etc.). The city reserves the right to bid all work over $5,000. 14 Cirr of CITY HALL Fe d e ra I Way Feder l Avenue South Federal Way. VI+A 98003-6325 (253) 835-7000 wvvvv ci"&,derahvay co?u AMENDMENT NO. 1 TO MAINTENANCE AGREEMENT FOR ON -CALL ELECTRIC SERVICES This Amendment ("Amendment No.1 is made between the City of Federal Way, a Washington municipal corporation ("City"), and JGM Technical Services, Inc., a Washington corporation ("Contractor"). The City and Contractor (together "Parties"), for valuable consideration and by mutual consent ofthe Parties, agree to amend the original Agreement for On -Call Electric Services ("Agreement") dated effective January 8, 2018, as follows: 1. AMENDED TERM. The term of the Agreement, as referenced by Section I of the Agreement and any prior amendments thereto, shall be amended and shall continue until the completion of the Services, but in any event no later than December 31, 2023 ("Amended Term"). 2. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 4 of the Agreement, shall be amended to change the total compensation the City shall pay the Contractor and the rate or method ofpayment, as delineated in Exhibit B-1, attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shaII remain locked at the negotiated rate(s) for the Amended Term. Except as otherwise provided in an attached Exhibit, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 3. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, are hereby ratified as having been performed under the Agreement; as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The Parties whose names appear below swear under penalty ofperjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] 15 AMENDMENT - 1 - 312017 CITY OF � Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 wi•vwcltyoffederMway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: Jim Ferrell, Mayor DATE: JGM TECHNICAL SERVICES, INC.: By: Printed Name: Title: Date: STATE OF WASHINGTON ) ss. COUNTY OF Stephanie Courtney, CMC, City Clerk "i/ / FE. / /iTp J. Ryan Call, City Attorney On this day personally appeared before me to me known to be the of that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of 20 . Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires AMENDMENT IV -2- 3/2017 CITY OF CITY HALL �� Fe d e ra I Way Feder 8th Avenue South Federal Way, NIA 980038Qa3-6325 (253) 835-7000 www cfvralfederafway corn EXHIBIT B-1 ADDITIONAL COMPENSATION I. Total Compensation: In return for the Services, the City shall pay the Contractor an additional amount not to exceed Ninety Thousand Dollars and N01100 Dollars ($90,000.00) and Washington State sales tax equal to Nine Thousand and NOI100 Dollars ($9,000.00) for a total of Ninety -Nine Thousand and NO/100 Dollars ($99,000.00). The total amount payable to Contractor pursuant to the original Agreement, all previous Amendments, and this Amendment shall be an amount not to exceed One Hundred Ninety -Eight Thousand and N01100 Dollars ($198,000.00). 17 AMENDMENT - 3 - 312017 This Page Left Blank Intentionally 18 COUNCIL MEETING DATE: January 19, 2021 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Lease agreement between Balli Road, LLC and The City of Federal Way for the Downtown Substation. POLICY QUESTION: Should the City of Federal Way/Federal Way Police Department (FWPD) enter into an Agreement with Balli Road, LLC for a FWPD Downtown Substation for $3000 a month? COMMITTEE; PRHS&PSC MEETING DATE: January 12, 2021 CATEGORY: N Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Raymond Bunk. Commander _ DEPT: Police Department Attachments: 1. Staff Memo 2. MOU between Balli Road, LLC and the City of Federal Way Options Considered: 1. Accept the MOU 2. Reject the MOU MAYOR'S RECOMMENDATION: MAYOR APPROVAL: (y6ao I D RECTOR APPROVAL: ulc �annti �� 1nit:al 111 COMMITTEE RECOMMENDATION: I move to forward the MOU between Balli, LLC. and the City of Federal Way to the January 19, 2021 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: I move approval of the proposed lease agreement between Balli Road, LLC. and the City of Federal Way, for the continued FWPD Downtown Substation, and authorize the Mayor to execute said agreement. BELOW TO BE COMPLETED B Y CITY CLERICS OFFICE COUNCIL ACTION - El Al'PROVED COUNCIL 13ILL # ❑ DENIED ISTreading l] -1.-1SLEDII)EFERREINNO ACTION Ennament rending ❑ 11OVED -ro SECOND READING (ordinances only) ORDINANCE # REVISED — 081I2t20I0 RESOLUTION # 19 CITY OF FEDERAL WAY CITY COUNCIL COMNUTTEE STAFF REPORT DATE: January 12, 2021 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Lease Agreement between Balli Road, LLC and the City of Federal Way, Washington Financial Impacts: Balli Road, LLC will be charging $3,000 a month for rent for this space. There are no other planned or expected costs. Backaround Information: Since 2015, there has been an agreement between Balli Road, LLC and the City of Federal Way for the use of office space, identified as the Downtown Substation, by the Federal Way Police Department. This space is utilized by the Traffic Division, as well as other officers for various police related matters. Balli road. LLC will provide the secure office space for $3,000 a month and parking for police vehicles will be available. FWPD officers will utilize the space for administrative tasks, and when available, provide assistance with law enforcement issues arising at or near the Transit Station. The term of this MOU is from January 1, 2021 through December 3, 2022. LEASE AGREEMENT BETWEEN BALLI ROAD, LLC AND THE CITY OF FEDERAL WAY THIS AGREEMENT ("Agreement") made on the date indicated by the signatures below, by and between BALLI ROAD, LLC, a Washington Limiter! Liability Company hereinafter referred to as "Lessor", and the CITY OF FEDERAL WAY, a municipal corporation of the State of Washingtont hereinafter referred to as "Lessee." WHEREAS, Lessor is the owner of certain real property that includes office space containing fixtures and equipment located at 31620 23`d Ave S, Suite 102, Federal 'LrV'ay, Washington 98003 (the "Property"); and WHEREAS, the City's Police Department has been using office space at the Property as a downtown substation; and WHEREAS, Lessee believes that the property will be continue to be sufficient to accommodate a downtown substation within the existing retail space within the Property; and WHEREAS, Lessor has agreed to permit Lessee to continue to use the Property for such police office use subject to certain conditions; and WHEREAS, Lessee desires to continue to use the Property, subject to the terms and conditions provided for herein. NOW THEREFORE, for good and valuable consideration, the receipt of which are hereby acknowledged and the terms of which are hereinirdter outlined, the parties Agree as follows; 1. Lessor hereby grants to Lessee a temporary, non -perpetual, non-exclusive license (the "Lease") to occupy and use a portion of the Property for use as a substation of the Federal Way Police Department. Lessee's use of the Property shall be in compliance with any and all 21 conditions of any applicable permits, licenses and other governmental and regulatory approvals and in compliance with all applicable laws, statutes, and governmental rules and regulations. This Lease will be used by Lessee and its employees, agents, and representatives, subject to all the terms and conditions of this Agreement. 2. Lessee shall pay Lessor rent in the amount of Three Thousand and N01100 Dollars ($3,000.00) on a monthly basis commencing January 1, 2021. 3. Lessee shall not be required to pay for electric utilities associated with the lighting and/or heating of the Property during the term of this Agreement, 4. Lessor hereby grants to Lessee the non-exclusive right and privilege to enter on the Property for the purposes set out herein. Lessee's use of the Property shall be conducted in a manner whereby it will not preclude or interfere with Lessor's use of the Property and/or any adjacent property. In addition, Lessee agrees that the retail space will be available to Lessor with 24 hours' notice to Lessee for the purpose of showing the space to potential centers, S. The Property may he used by Lessee solely for the purpose described in paragraph 1 herein, during the Lease Term which shall be limited to the days commencing January 1, 2021 and ending on December- 31, 2022. If at any time during the course of the License Agreement the retail space is rented to a new renter, Lessor may choose to allow Lessee to utilize similar retail space within the Property subject to the same conditions listed in this License Agreement. 5. Lessee agrees that it shall use the Property for only the stated purposes and no other purpose. Lessee shall be solely responsible for undertaking the activities on the Property in a safe, secure and careful manner without waste or damage to the Property or improvements thereon. Lessee will not be a nuisance or menace to other tenants in the Building and shall not in any way interfere with the quiet enjoyment of such other tenants. Additionally, Lessee shall 22 clean up and remove any debris created by such activities prior to the termination of the Term of this License. Lessee hereby acknowledges and agrees that It has inspected the Property and examined all conditions thereon relative to Lessee's use thereof, and that Lessor makes no, and expressly disclaims, any warranty or representation as to the condition of Property, its safety or suitability for Lessee's intended activities, or as to any improvements thereon, whether express, implied or arising by operation of law, including, without limitation, any warranty of fitness for any particular- purposes. 7. Notwithstanding anything contained herein to the contrary, Lesson- may terminate this agreement early for any reason with thirty (30) days' notice upon Lessor's notification to Lessee. On early termination of the License granted by this Agreement, as well as on the natural termination of this License on December 31, 2022, Lessee shall quietly and peaceably surrender the Lessor's Property in a manner that fully complies with all applicable state, federal, or local statute, regulation or ordinance and wilt leave the Lessor's Property in as good condition as such Property was in at the time of Lessee's entry on the Property under this Agreement. Furthermore, the terms of this Agreement that would, by their nature, survive termination, including, without limitation, the terms that govern Lessee's removal obligations and Lessee's indemnification obligations, as well as this survival provision, will survive termination or expiration of this Agreement. 8, Lessee agrees to defend and to indemnify and hold Lessor, its parent, subsidiaries, affiliates, and Its and their officers, directors, shareholders, agents, employees, and representatives harmless from and against any and all losses, costs, claims, damages, and liabilities, lrrcluding reasonable attorney's fees, court costs, and fees of expert witnesses, arising frorn Lessee's use of the Property as a police substation and from any of Lessee's police activities 23 conducted on the Property. Lessor is respansible for maintaining the Property, including common areas, in a safe condition for commercial use and Lessee's indemnification does not cover Lessor's legal duties as a landlord and property owner. 9. During the Term hereof, Lessee shall have in full force and effect commercial general liability Insurance with respect to Lessee's use of the Property and the activities and operations of Lessee on the Property, with a limit for bodily injury, death, property damage and personal injury of not less than One Million and NO/Dollars ($1,000,000.00) per occurrence. Two Million and NO/Dollar ($2,000,000) general aggregate. A certificate of insurance shall be delivered to Lessor evidencing the coverage required herein prior to commencing any activity on the Property. Lessee' shalt include Lessor and Lessor's property manager, Power Property Consultants, Inc., as additional insureds on the policy. 10. Lessee may not assign its rights hereunder without Kist obtaining Lessor's approval, which may be granted or withheld in Lessor's sole discretion. 11. This Agreement shall constitute the -entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. No alteration, modification, amendment, or waiver hereto shall be valid unless evidenced by a writing signed by both parties hereto. 12. Lessee shall not permit the roads or any driveways, sidewalks or other rights -of -way adjacent to the Property to be obstructed or disturbed in connection with the use of the Property. 13. All notices, demands, or requests required or permitted to be given under this Agreement shall be hand -delivered or sent by mail, return receipt requested and addressed to the parties as follows: 24 LICENSOR: Ball! Road, LLC c/o Posner Property Consultants, Inc. 31620 23rd Ave S #21.8 Federal Way, WA 98003 Attn: John Hunt Tel: 253-214-2122 LICENSEE: Federal Way Police Department Attention: Commander Raymond Bunk 33325 Sth Ave S Federal Way, WA 98003 Tel, 253-835-6746 14, The failure of either party to this Agreement to insist upon the performance of any of the items and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as thereafter waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 15. The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the patties agree that the remaining provisions shall be deemed to be in fail force and effect as if they had been executed by both parties subsequent to the expwigement of the itivalid provision. 16. Taus Agreement may he executed in one (1) or more counterparts, all of which taken together shall constitute one (1) instrument and constitutes the entire Agreement between the parties as to the subject matter herein described. 17. Lessee has Inspected the Property and accepts the space in its current state "as -is." Lessee, at Lessee's sole cost, will be responsible for an improvements, repairs and maintenance in the Property during their tenancy, 25 18. Lessee, at Lessee's sole cost, may install signage. Lessor will review and approve signage and proposed Iooation prior to signage Installation. At the end of the tenancy, whether by natural or early termination, Lessee, at Lessee's sole cost, will have the signage removed and the impacted area returned to its condition prior to signage installation. 19. Lessee is granted a non-exclusive license to use the designated parking areas for police vehicles. In the Project for the use of motor vehicles during the term of this Agreement. Lessor reserves the right at any time to grant similar non-exclusive use to other tenants, to promulgate rules and regulations relating to the use of such parking areas, including reasonable restcictiom on parking by tenants and lessor. The Parties agree that two parking stalls, the selection of which is to be mutually agreed upon by the Lessor and the Lessee, will be designated as police use only. These stalls will be located for maximum visibility to the adjacent streets and transit center- and may have a marked patrol car present at certain times to deter criminal activity, Any and all costs associated with markings or signage for these designated spaces will be borne by the Lessee. IN WITNESS WHEREOF, Lessor and Lessee have executed tWs agreement as of the date indicated below. 26 LESSEE: CITY OF FEDERAL WAY: ATTEST: Jim Ferrell, Mayor Stephanie Courtney, CMC, City Cleric I1XV.6of LESSOR: BALLI ROAD, LLC Patrick W. Rhodes, Manager APPROVED AS TO FORM: J. Ryan Call, City Attorney STATE OF WASHINGTON j j ss. COUNTY OF��•�_ On this day personally PP ersonall appeared before rae l C l� l �i C , to me known to be the k A of & _ r that executed the Foregoing instru lit, and acknowledged the said instianient to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. GIVEN my hand and official seal this day of R� -20;j, Notaz y's signature � •..�•� Notary's printed name. Notary Public in. and for theState of as tington. 01p,RY ...�. s My commission expiresOF \N0 27 This Page Left Blank Intentionally COUNCIL MEETING DATE: January 19, 2021 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: THE HUMANE SOCIETY FOR TACOMA AND PIERCE COUNTY AGREEMENT FOR SHELTER AND RELATED SERVICES POLICY QUESTION: Should the police department enter into a professional services agreement with the Humane Society for Tacoma and Pierce County? CorvimITTEE: PRHS&PSC MEETING DATE: Jan. 12, 2021 CATEGORY- ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STArF REPORT BY: Commander Casey ]ones DEPT: PD Attachments: 1. Staff Report 2. Proposed agreement Options Considered: 1. Approve the proposed agreement. 2. Do not approve the proposed agreement and provide direction to staff. MAYOR'S RECONIMEN>y TION: 01 MAYOR APPROVAL: � e DIRECTOR APPROVAL: Comm wcr wi InitiaG a,r COMMITTEE RECOMMENDATION: "I move to forward the proposed Humane Society Agreement to the January 19, 2021 consent agenda far approval. " Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed Humane Society Agreement, and authorize the Mayor to execute said agreement. " BELOW TO BE COMPLETED BY CITYCLERK SOFFICE CO['NCIL ACTION; ❑ APPROVED COUNCIL BILL # ❑ DENIED First rending ❑ TABLEDIDEFERREDINO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) [ORDINANCE 9 REVISED - 11/2019 RESOLUTION # 29 CITY OF FEDERAL WAY MEMORANDUM DATE: January 12, 2021 TO: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Professional Services Agreement with the Humane Society for Tacoma and Pierce County Financial Impacts: The following is a summary of the financial impacts of this six -year professional services agreement between the City and the Humane Society of Tacoma and Pierce County: The annual base cost to the City for 2021, 2022, and 2023 will be $76,000 per year. In 2024, an increase of COLA plus 1% will be applied. COLA is defined as the annual average of the Seattle -Tacoma -Bellevue metro area CPI-U as determined by the Bureau of Labor Statistics. The same formula will be applied to 2025 with an annual COLA plus 1 % increase and again in 2026 with a further COLA plus 1% increase. Since 2011 the CPI has been between 1.2 and 3.2 each year. Also, the Society will retain all pet license fees. There are also additional charges for impounded or quarantined animals held over three days: The first three days are covered under our flat rate agreement and then after three days, board will be charged to City at the rate of $26.50 per day in 2021, $27.30 per day in 2022, and $28.10 per day in 2023. From 2024 through to 2026 the rates will increase each year by COLA plus 1%. Background Information: Our Animal Services Unit has contracted with the Humane Society since the inception of our Animal Services Unit in 2011. The City uses the Humane Society for stray animals, impounded animals, disposal of unclaimed animal carcasses, and for licensing services. The Humane Society plays a vital part in reuniting lost animals with owners, in adopting found animals with their forever families, and in animal abuse investigations. They hold our animals that have been quarantined due to an attack and they have holding areas for animals that have been declared vicious or dangerous. The police department explored alternatives to the Humane Society but ultimately recommends continuing our relationship with them. By continuing our relationship with the Humane Society, the people and animals of Federal Way benefit from the continuity and from the Humane Society's mission of enhancing animal welfare. 30 Rev. 7/18 THE HUMANE SOCIETY FOR TACOMA AND PIERCE COUNTY AGREEMENT FOR SHELTER AND RELATED SERVICES The parties to this contract are the CITY OF FEDERAL WAY, a political subdivision of the state of Washington, hereinafter referred to as the "City of Federal Way," and THE HUMANE SOCIETY FOR TACOMA AND PIERCE COUNTY, a non-profit corporation formed and operating pursuant to RCW 16.52.020, hereinafter referred to as the "Society." The terms of this contract shall cover the period from January 1, 2021, through December 31, 2026, In consideration of the mutual benefits derived, the parties agree as follows: THE SOCIETY AGREES: (1) To furnish and maintain and to employ adequate staff for suitable shelter for the handling of stray, impounded, and unwanted companion animals turned over to the Society by the City of Federal Way or its residents. Companion animals are specifically defined as dogs, cats, domestic birds, domestic rabbits and small domestic rodents. Companion animals specifically exclude livestock (horses, cows, pigs, sheep, goats, fowl, etc.) venomous or dangerous reptiles and wild or exotic animals. Such facility shall include cat kennels and dog kennels, as well as facilities for the humane disposal of sick and injured companion animals. The facility will provide disposal (cremation) services for animals deceased upon arrival or during the time of sheltering. Impounded animals, awaiting disposition by the courts or held as directed by Animal Control will be held for a maximum of 3 days without additional charge. After 3 days, board will be charged to City of Federal Way at the rate of $26.50 per day in 2021, $27.30 per day in 2022, and $28.10 per day in 2023. From 2024 through to 2026 the rates will increase each year by inflation (defined as the annual average of the Seattle -Tacoma -Bellevue metro area CPl-U as determined by the Bureau of Labor Statistics) plus 1 % rounded to the nearest penny). (2) To keep the shelter staffed and open for the purposes of receiving companion animals and allowing such animals to be redeemed during regular business hours Monday through Saturday; PROVIDED THAT the Society shall establish and maintain 7- day per week, 24-hour per day access for City of Federal Way animal control officers to drop off companion animals or carcasses outside of normal shelter hours. It is understood that this does not include responsibility for care for sick or injured companion animals outside of normal shelter hours. (3) To provide licensing services for animals adopted or impounded at the Humane Society shelter whose owner resides within the City of Federal Way. The license service for impounded and adopted animals shall be provided during normal business hours, with no time limitation and shall also be provided by the Society in animal illness or injury conditions so as to expedite medical attention for the animal. The Humane Society shall maintain complete and adequate records of all licenses issued and shall provide a timely report to the City of Federal Way listing the name and address of the licensee and a description of the animal licensed. The Humane Society will retain 100% of every license sold and payments shall be made to the Humane Society. 31 1 (4) To provide ❑hentation and training to City of Federal Way animal control officers and other City of Federal Way staff to the Society shelter and its admissions policies, practices and other Society operations as appropriate. (5) To maintain complete records of animals received and animals disposed of on behalf of the City of Federal Way and other entities with whom the City of Federal Way has contracted. The Society agrees to promptly make its records of investigations available for the City of Federal Way's inspection at reasonable times, and to furnish reports of the Society's activities to Federal Way, and to provide, within reason, such other data as the City of Federal Way requests and as may be inspected or requested by other entities with whom the City of Federal Way has contracted. This means the Society at such times and in such form as the City of Federal Way may require, shall furnish the City of Federal Way with periodic reports pertaining to the work and services undertaken pursuant to this Contract. The Society will make available to the City of Federal Way all work -related records and documents for inspection, or evaluation during normal business hours in order to assess performance; compliance and/or quality assurance under this Contract. The Society further agrees to fully cooperate with any civil or criminal investigations by the City of Federal Way and to maize its employees available for interviews conducted in the furtherance of such investigations. (6) To provide access to computers for the City of Federal Way for Animal Control Officers to enter data into the database software for animals picked up by City of Federal Way Animal Control Officers. (7) To provide basic blood draw, fecal sample, lab tests and weight at time of admission for animals involved in cruelty investigation, per request of the City of Federal Way Animal Control Officers. This service will be offered for cases of 1 to 2 animals and may be repeated weekly as deemed necessary by the Veterinarian staff at the Humane Society. Cruelty cases involving 3 to 6 animals require advance notification in order to perform this service, Cases larger than 6 animals or animals needing detailed history and/or physical exams wilf be performed by an outside veterinarian of the City of Federal Way's choice. Costs associated with any lab tests and/or physical exams that are beyond the basic tests identified in this section will be billed separately to the City of Federal Way. (8) To procure and maintain comprehensive general liability insurance, and professional liability insurance with limits not less than $1,000,000.00 ($1,000,000.00 bodily and personal injury and property damage insurance). The City of Federal Way is to be named as an additional insured and such insurance as is carried by the Society is primary over any insurance carried by the City of Federal Way. In the event of a nonrenewal, cancellation, or material change in the coverage provided, 30 days' written notice will be furnished to the City of Federal Way prior to the date of nonrenewal, cancellation, or change. Such notice shall be sent to the City of Federal Way, Mayor's Office, 33325 81h Ave S, Federal Way, WA 98003. The City of Federal Way has no obligation to report occurrences unless a claim is filed with the City of Federal Way, and the City of Federal Way has no obligations to pay premiums an such insurance. 32 2 (9) To furnish equipment and supplies used in the performance of the Society's obligations arising from this contract, except equipment and supplies which the City of Federal Way expressly promises to furnish. (10) The Society agrees to hold harmless, indemnify and defend the City of Federal Way and its officers, officials and employees from any claim, liability, lawsuit or legal judgment arising from or out of the negligent or tortuous actions or inactions of the Humane Society in its performance of the activities and services set forth herein in this agreement to be performed by the Society. The Agreement to indemnify, defend and hold harmless the City of Federal Way by the Society shall not apply to any loss, claim, liability, lawsuit or legal judgment arising from the sole negligence of the City of Federal Way. (11) To allow City of Federal Way animal control officers to sanitize their vehicles in accordance with Society practices until the Society requires the sanitizing facility to be vacated for construction. The Humane Society will provide 90 days' notice if the area is to be vacated. (12) The Society agrees to comply with Title 16 RCW and Title 9 of the Federal Way Municipal Coale. The Society will not release any animal except in full compliance with the municipal code. (13) Non-discrimination, The Society agrees to tape all steps necessary to comply with all federal, state and City of Federal Way laws and policies regarding nondiscrimination and equal employment opportunities. The Society shall not discriminate in any employment action because of race, religion, color, national origin or ancestry, sex, gender identity, sexual orientation, age, marital status, familial status, or the presence of any sensory, mental or physical handicap. THE CITY OF FEDERAL WAY AGREES: (1) To pay to the Society a total Base Compensation of $76,000 for 2021 and the Base Compensation for the years 2022 and 2023 will remain the same at $76,000, The Base Compensation amount will be paid monthly as 1112th of the annual contract costs, or $6,333.33 per month for 2021 through to the end of 2023. Additional charges beyond the Base Compensation may accrue as otherwise set forth in this Agreement. In 2024 a COLA plus 1 % price increase will be applied to the Base Compensation with COLA being defined as the annual average of the Seattle -Tacoma -Bellevue metro area CPI-U as determined by the Bureau of Labor Statistics. The same formula will be applied to 2025 with an annual COLA plus 1 % increase and again in 2026 with a further COLA plus 1 % increase. 33 3 Monthly payments are due on or before the 1 01h of each month, with the final payment due by January 10 of the following year. Any payment in full over 60 days late may cause a suspension of service and will automatically be charged a 1 % penalty. (2) To allow the Humane Society to retain all adoption, impound, board, fines and other fees collected from the public for animals accepted into the shelter since the Society has factored retention of such fees into the cost of the contract. (3) To provide the Humane Society all licenses and licensing material for the City of Federal Way and other entities with whom the City of Federal Way has contracted. (4) The Society sloes not have emergency veterinary or intensive care facilities (ICU) and cannot provide overnight monitoring of animals. Animals needing emergency medical care, will be taken to an appropriate facility to be treated prior to booking with the Society, For the purposes of this contract, emergency medical treatment is defined as a level of care higher than the Society can provide, such as obvious broken bones, trauma, or other medical issues that would require intensive care and monitoring. Until the Humane Society accepts the animal, the City of Federal Way is responsible for all after-hours emergency medical treatment of any animal that the City impounds. (5) During hours that the Shelter is open, the Society normally has a veterinarian available to provide routine veterinary care; however, in the event that the Humane Society does not have a veterinarian available to provide routine veterinary care at the Shelter, any animals needing such care shall be the responsibility of the City of Federal Way. The Society shall immediately inform Federal Way Animal Control when the Society does not have a veterinarian available to provide routine veterinary care at the Shelter and the expected duration. The City of Federal Way is responsible for transporting the animal to the chosen veterinary clinic and to the Humane Society once the animal is stabilized. The Society will use commercially reasonable efforts to obtain routine veterinary services for the Shelter during the life of this Agreement. (S) The City of Federal Way animal control officers will not bring known feral cats to the Society unless they can be neutered and returned to field. It is accepted that stray cats frequently cannot be identified as true strays or feral cats and this clause only relates to known feral cats and/or members of feral cat colonies. On the same principle the Society cannot accept feral cat colonies that cannot be returned to field following spay/neuter surgery as the only options would be euthanasia and it would therefore be more humane to leave the feral cats where they are. (7) The City of Federal Way animal control officers will completely and accurately perform the data input required for shelter admission as well as scan each animal for microchips. The Society will provide the necessary training for the computer intake requirements. The Society will create the shelter admissions policy and provide it to the City of Federal Way. 34 4 (8) To hold the Society harmless from any damages or attorneys' fees or costs incurred by the Society, as a result of litigation which (a) names the Society and (b) involves a City of Federal Way ordinance that is declared illegal or unenforceable and upon which the Society relied in the performance of its obligations under this agreement. MUTUAL COVENANTS AND UNDERSTANDINGS — both parties hereto agree to the following conditions: (1) Ali persons employed by the Society to perform its obligations under this contract shall be employees of the Society and not of the City of Federal Way with the proviso that the Society may from time to time have to use contract veterinarians. (2) Either party can terminate this contract upon 180 days' written notice, Provided that either party may terminate upon 60 days' written notice for breach of any material clause herein. To facilitate timely renewal or termination, the parties agree to commence negotiations for the 2027 to 2029 contract by August 1, 2026, and to gather and provide to each other all pertinent data reasonably necessary to meaningfully negotiate. (3) Modification. This instrument constitutes the entire Agreement between the parties and supersedes all prior agreements. No modification or amendment shall be valid unless evidenced in writing, properly agreed to and signed by both parties. In the event either party shall desire to renegotiate any provision of the agreement, the party shall provide 90 days' notice to the other party. The notice shall identify the provision or provisions to be renegotiated, the requested changes, and shall state the reasons for the request. The party receiving the request shall respond in writing on or before the end of the 90-day period. (4) Notices. All notices, requests, demands and other communications required by this Agreement shall be in writing and, except as expressly provided elsewhere in this Agreement, shall be deemed to have been given at the time of delivery if personally delivered or at the time of mailing if mailed by first class, postage pre -paid and addressed to the party at its address as stated in this Agreement or at such address as any party may designate at any time in writing. !Notice of Monthly Billing and Licenses issued shall he e-mailed to: A TTN: Casey Jones casev.iones@ckyoffederalway.com CC: Suzanne Modell and Lynette Allen suzanne.motteg@citvQffederalway.com l ynette. allen@cityoffederalway. com 35 Notice to Municipality shall be sent to: City of Federal Way Mayor's Office 33325 81h Avenue S Federal Way, WA 98003 Notice to the Society shall be sent to: Stuart Farley, CFO 2608 Center Street Tacoma, WA 98409 (5) Litigation Costs and Fees. In the event of litigation concerning the terms of or performance under this Agreement, each party shall bear its own costs and attorneys' fees. (6) Benefits. This Agreement is entered into for the benefit of the parties to this Agreement only and shall confer no benefits, direct or implied, on any third persons. (7) Signatures. Each signer below represents that they have the legal authority to enter into this Agreement. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which shall constitute the same agreement. The parties agree that scanned, faxed, POF, or electronic signatures will have the same force and effect as original hand-written signatures. For purpose of this Agreement, "electronic signature" means an electronic sound, symbol, or process, attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the record. End of Agreement. Signature page immediately following. 36 6 11=11zIra THE HUMANE SOCIETY FOR TACOMA AND PIERCE COUNTY Stuart Earley, CEO DATED: CITY OF FEDERAL WAY Jim Ferrell, Mayor Stephanie Courtney, CIVIC City Clerk Approved as to form: J. Ryan Call, City Attorney 37 7 This Page Left Blank Intentionally 38 COUNCIL MEETING DATE: January 19, 2021 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: POLICE SERVICES AGREEMENT WITH COMMONS MALL POLICY QUESTION: Should the City renew the services agreement with the Commons Mall to provide on -site police services in 2021 and 2022? COMMITTEE: PR14S&PSC MEETING DATE: Jan. 12, 2021 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Commander Casey Jones DEPT. PD Attachments: Staff Report Services agreement for the Commons at Federal Way police services Options Considered: 1. Accept the recommendation to approve the agreement. 2. Reject the recommendation to approve the agreement. MAYOR'S RccomrvIENDATION: Option 91 MAYOR APPROVAL: 0 gneAhDIRECTOR APPROVAL: Com iutc cauncii �O himal/Dale 111i[3allmic ►040 COMMITTEE RECOMMENDATION: 1 move toforward the proposed Commons Mall Agreement to the January 19, 2021 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Commons Mall Services Agreement, effective 01-01- 021 through 12-31-2022 with a total compensation of $344,214.04 and authorize the Mayor to sign said agreenM'nl. " (BELOW TO BE COMPLETED BY CITY CLERICS OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL# ❑ DENIED First reading ❑ TABLEDIDEf ERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 12/2017 RESOLUTION # 39 CITY OF FEDERAL WAY MEMORANDUM DATE: January 12, 2021 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: 2021 to 2023 police services contract with the Commons Mall Financial Impacts: The revenue to the City for providing police services to the Commons Mall will be $171,846.82 in 2021 and $172,367.22 in 2022. Funding from our agreements are credited to the PD budget line 00 1 -0000-090-3 42- 10-001 in monthly installments. Background Information: The Federal Way Police Department has partnered with the Commons Mall since our inception; we currently have three police officers with f ulltime positions at the mall. Our officers' number one responsibility at the Commons Mall is to protect people from harm. The officers also work with the Commons staff and stakeholders to foster a safe and friendly environment. They also develop crime related problem -solving strategies with management of the Commons and the vendors at the mall. They respond to in - progress and prior crimes, take enforcement actions, conduct follow-up investigations, and they provide training to store employees on how to file online police reports. This is a highly visible position and our officers have positive interactions with mall visitors at special events such as the farmers market, car shows, and holiday events. The term of this Services Agreement is for two years, commencing January 1, 2021 and ending December 31, 2022. 40 Rm 7/18 CITY OF CITY HALL Federal Way Feder l Avenue South8063- - 18 Box 9718 Federal Way, WA 98D63-97i8 (253) 835-7000 www. cilyoffederal"y. com SERVICES AGREEMENT FOR THE COMMONS AT FEDERAL WAY POLICE SERVICES This Professional Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and MGP XI Commons FW, LLC, a Delaware limited liability company ("Owner"), Owner of the Commons at Federal Way ("Property"). The City and Owner (together "Parties") are located and do business at the below addresses: MGP XI COMMONS Fl%I , LLC: 1928 S. Commons Suite B Federal Way, WA 98003 253-275-6090 csullivan(7merlonegeier. com The Parties agree as follows: CITY OF FEDERAL WAY: Andy Hwang, ChiefofPolice 33325 8"' Ave S Federal Way, WA 98063-9718 (253) 253-835-6701 (telephone) (253) 253-835-6739 (facsimile) Lynette. allen@cityoffederalway, cam 1. SERVICES. The city shall perform the services more specifically described in Exhibit "A," attached hereto and incorporated by this "reference ("Services"). 2. TERM. The term of this Agreement shall be for two years commencing on January 1, 2021. 3. TERMINATION. Either Party may terminate this Agreement, with or without cause, upon providing the other Party thirty (30) days written notice at its address set forth at the beginning of this Agreement. Either Party may terminate this Agreement immediately if the other Party defaults or materially breaches the Agreement. 4. COMPENSATION. In return for the Services, the Owner shall pay the City fifty percent of the cost of the salaries and benefits of each officer assigned to the Property for the time periods that they are assigned there. The numbers of hours and total rate shall be as outlined in Exhibit "BS" attached hereto and incorporated by this reference ("Compensation"). The city shall invoice, and the Owner shall remit one -twelfth of the total yearly compensation monthly. From time to time, the Parties may agree on any adjustment in rates. 5. INDEMNIFICATION. 5.1 Owner Indemnification. The Owner agrees to release, indemnify, defend, and hold the city, its elected officials, officers, employees, agents, representatives, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives; arising from, resulting from, or in connection with this Agreement or the performance of this Agreement to the extent caused by the negligent or intentional acts, errors, or omissions of the Owner, except for that portion of the claims caused by the city's sole negligent or intentional acts, errors, or omissions. 5.2 City Indemnification. The city agrees to release, indemnify, defend and hold the Owner, its officers, directors, shareholders, partners, employees, agents, and representatives harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising frw) resulting from or connected with this Agreement to the extent SERVICES AGREEMENT - I - CITY OF CITY HALL FQ d e ra I Way Feder Avenue South • Box 971$ Federall Way, WA 98fl63-9T18 i8 (253) 835-7DOO wmv al yoffederaf m y. cam caused by the negligent or intentional acts, errors, or omissions of the city, except for that portion of the claims caused by the Owner's sole negligent or intentional acts, errors, or omissions. 5.3 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. Both parties agree to carry as a minimum general liability insurance in the amount of at least $1,000,000 single limit and $2,000,000 aggregate, including property liability. Both parties shall provide certificates of insurance, concurrent with the execution of this Agreement, evidencing such coverage and, at the other party's request, furnish the other party with copies of all insurance policies and evidence of payment of premiums or fees of such policies. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 7. CONFIDENTIALITY. All information regarding the city obtained by the Owner in the performance of this Agreement shall be considered confidential. Breach of confidentiality by the Owner will be grounds for immediate termination. If the city notifies the Owner of a public disclosure request, and the Owner believes records are exempt from disclosure, it is the Owner's responsibility to make a determination and pursue a lawsuit under RCW 42.56.540 to enjoin disclosure. The Owner must obtain the injunction and serve it on the city before the close of business on the tenth 'business day after the city sent notification to the Owner. It is the Owner's discretionary decision whether to file the lawsuit. If the Owner does not timely obtain, and serve an injunction, the Owner is deemed to have authorized releasing the record. Ifthe city has notified the Owner of a public disclosure request, and the Owner has not obtained an injunction and served the city with that injunction by the close of business on the tenth business day after the city sent notice, the city will then disclose the record unless it makes an independent determination that the record is exempt from disclosure_ Notwithstanding the above, the Owner must not take any action that would affect (a) the city's ability to use goods and services provided under this Agreement or (b) the Owner obligations under this Agreement. The Owner will fully cooperate with the city in identifying and assembling records in case of any public disclosure request. $. INDEPENDENT CONTRACTOR. The Parties intend that the city shall be an independent contractor and that the city has the ability to control and direct the performance and details of its work, the Owner being interested only in the results obtained under this Agreement. The Owner shall be neither liable nor obligated to pay city sick leave, vacation pay, or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. 9. GENERAL PROVISIONS. 9.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement, and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof, and such other provisions shall remain in full force and effect. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 9.2 Assignment and Beneficiaries. Neither the Owner nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non - assigning Party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect, and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs, and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. SERVICES AGREEMENT - 2 - CITY OF C17Y HALL Federal Way Feder 8th Avenue Scut-, • F0 Box 9718 Federal Way, WA 9$C]63-9718 t 8 (253) 835.7000 www. rrtynllederel"y can 9.3 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the notice's addressee or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available at law, in equity or by statute. The failure of a Party to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of a Party to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of a Party to declare one breach or default does not act as a waiver of the city's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, Ding County, Washington, unless the parties agree in writing to an alternative process. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 9.4 Execution. Each individual executing this Agreement on behalf of the City and Owner represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the Owner or the City. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all ofthe Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] 43 SERVICES AGREEMENT - 3 - CITY OF CITY HALL. �.. 33326 8th Avenue South •ISO Box 9718 Fe d e ra I Way Feder Federak Way, WA 98063-9718 {253j 835-7000 w ww o"ffederohmy coin IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY Jim Ferrell, Mayor DATE: MGP hI COMMONS F W, LLC By: Printed Name: Title: DATE: STATE OF WASHINGTON ) } ss. COUNTY OF } ATTEST: Stephanie Courtney, CMC APPROVED AS TO FORM: J. Ryan Call, City Attorney On this day personally appeared before me to me known to be the of that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of , Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires 44 SERVICES AGREEMENT - 4 - CITY OF CITY HALL Federal Way Feder l Avenue South8063- • 18 Box 9719 ` Federal Way, WA 98063-9718 (253) 835-7000 wwwC11y0 ederahvaycom EXHIBIT "A" SERVICES 1. For the years 2021 and 2022, the city will provide Contract Officers for a total of ten (10) ten-hour shifts per week. The actual days of the week and hours will be agreed upon by the Owner and the City based on the needs of both parties. 2. The city will provide to the Property three (3) full time, experienced police officers ("Contract Officers") to provide security (in addition to other policy duties) for the Property, its businesses, tenants, and customers. The Contract Officers will work in conjunction with private security or other police agency representatives employed by the Owner at the Property or any of the Property's stores or tenants. Contract officers will combine foot patrol and vehicle patrol of the Property, including its parking lot and perimeter, with office, booth, or kiosk fixed positions to provide security, visibility, and police services. Contract Officers will lose no benefits, assignment, training, or promotional opportunities due to the Agreement. Contract Officers will be assigned in one (1) year increments, but maybe rotated to address City needs or Owner interests. 3. The Property will be considered by the city as a mini -beat within the general geographical dispersal structure of the city, placing it as a section within a regular beat. The regular beat officer, in which the Property mini -beat exists, will provide presences and response capabilities consistent with general beat management strategies. The Property's coverage by the regular beat officer will not be reduced by the presence of the Contract Officers or by the use of other police agency representatives or private security staff or agency representatives in the Property or in individual stores. All supplemental police services will remain unaffected by the coverage provided for in this Agreement. 4. During assigned periods, the Contract Officers will respond to police or public safety incidents. If the matter can be resolved by the Contract Officers expediently, no general assignment or specialized assignment officers will need to respond. If needed, as determined by the city, other officers will be dispatched as in the resolution of any similar matter through the city. If the incident requires extended investigation or follow-up investigation away from the Property, or prisoner transportation general assignment officers will relieve the Contractor Officers to allow them to resume the Contract Officer duties as soon as practical. 5. The city will retain control over the Contract Officers and the Contract Officers will work under the general and direct supervision of the Federal Way Police Department and the City. The Contract Officers will work in a full duty status while on duty as in any Police Department duty assignment, and will adhere to departmental policies and procedures. Contract Officers will be in uniform during duty hours and will be provided with regularly used police equipment including vehicles and radios. The city may at its option also provide bicycles, computers, or other equipment. 6. The Owner may provide office space, a public access kiosk, or other facilities. Property Management may coordinate the security efforts of the Contract Officers on a day-to-day basis, consistent with City policy, to assure continuity, coverage, and coordination of efforts; provided that in the event of a conflict between any direction from the Owner or its agents and the City, the City direction shall control. 7. Contract Officer absences due to illness, time off, or training will be replaced by general assignment police officers, to maintain a continuity of coverage, when the absence will result in no Contract Officer being on duty at the Commons Mali for that day. The number of shifts shall be set in Exhibit B - Compensation, and may be reduced based on the actual level of service provided by the City and the actual level of compensation actually provided by the Owner to the City. Specific hours of coverage will be established by the city in conjunction with the Property management. SERVICES AGREEMENT - 5 - CITY of CITY BALL Fe d e ra I Way 33325 l W y. WA South • 18 Sax 9718 Federal Way, iNA 980fi3-9718 (253) 835-7000 www. utyoffed"Avvaycoin EXHIBIT "B" COMPENSATION For 2021, the total cost of 100 shift -hours per week of the assigned Contract Officers is Three Hundred Thirty - Four Thousand Six Hundred Ninety -Three and 641100 Dollars ($334,693.64). The Owner will pay half of this cost, totaling One Hundred Seventy -One Thousand Eight Hundred Forty -Six and 821100 Dollars ($171,846.82) in monthly installments. For 2022, the collective bargaining unit representing Federal Way police officers, including the contract mall officers, is expected to be working under a new CBA that will likely include cost of living adjustments (COLA). In August of 2018, the COLA for the last 12 months was 3.0%. Using 3.0% as an estimate for 2022 makes the total cost of 100 shift -hours per week of the assigned Contract Officers is Three Hundred Forty -Four Thousand Seven Hundred Thirty -Four and 451100 ($344,734.45). The Owner will pay half of this cost, totaling One Hundred Seventy -Two Thousand Three Hundred Sixty -Seven and 22/100 Dollars ($172,367.22) in monthly installments. C17 SERVICES AGREEMENT - 6 - Insurance Auffiority 1/7/2020 Ref#: 12597 MGP Xl Commons FW, LLC and Merlone Geier Managmenet, LL,C Attn. Jessica McMurrfn - Federal Way 425 California St., 10th Floor San Francisco, CA 84014 Re: City of Federal Way Police Substation at Mall and Policing Services Evidence of Coverage The above captioned entity is a member of the Washington Cities Insurance Authority (WCIA), which is a self -insured pool of over 155 public entities in the State of Washington. WCIA has at least $4 million per occurrence limit of liability coverage in its self -insured layer that may be applicable in the event an incident occurs that is deemed to be attributed to the negligence of the member. Liability coverage includes general liability, automobile liability, stop- gap coverage, errors or omissions liability, employee benefits liability and employment practices liability coverage. WCIA was created by an inter€ocal agreement among public entities and liability is self -funded by the membership. As there is no insurance policy involved and WCIA is not an insurance company, your organization cannot be named as an additional insured. Sincerely, Rob Roscoe Deputy Director cc: Ryan Call 47 AC Rea CERTIFICATE OF LIABILITY INSURANCE DATE(Mww"YYY, %*�r 12/31/201U THIS CERTIFICATE IS ISSUED AS A !MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT; If the certificate holder is an ADDITIONAL INSURED, the policy(fos) must be endorsed. If SUBROGATION IS WAIVED, subjoct "Cl tha terms and conditions of the policy, remain pollcias may require an andorsemOnl. A Statement on this certificate dares not confer rights to the Geri icate holder in 11eu of such ondarsemontfs}• PRODLCCR cv'+;Act Cath Flack NAIAD: Y Lnaritt Group tTorths+asst IIA1c.Na.Epu: (800)'726—f3771 FAXSBv6172g-9T68 PO 13ox e5770 E-IAAIL cath-flack2l©avxtk.cam AaDRE35: Y IHSURERtS) AFFORDING COVERAGE NarC I Univor;ity Flare ?AA 9a4E4 U15URCRAACgnnaut T-naurancs Cncpany 19901 tmSURPD IrI5UttER s:A=:h Invurance Co apany - 11150 City of 'udo al Way R1511RERCr 33325 Sth Ave S lusu;IER u: Toni a P nr-tox ARM III SURER E' Federal Way WA 5BOD3-5325 IIISURE4 F: _ - COVERAGES CERTIFICATE N1-lMRER--16-19 GL I•iI+STER REVISION NDMRFR- TRIG 55 TO C.EtR1I Y THAT THE POLICIES OF INSURANCE LISTr-D if:LOW HAIfE DEC ISSUED TO THE INSURED NAMED APOVE FOR THE POLICY PERIOD IN01CATE1) NCTA q7 H5TA,11M IG ANY REOijjREhmEN i • 'IER?i OR CONDlnoN OF ANY CCNTRACT OR OTHER 00CUMENT Vwi i H RESPECT TO WHICH THIS CERTIFICATE MAY SE ISSUED OR MAY 'PERTAIPI. THE INSURANCE AFFORDED 13Y THE PCUMES DESCRIBED HERE114 IS SUBJECT TO ALL THE TEM-15 F.XCL'UZ10NS AND GON'C'T10tfa Or SUCH ?OiICIES L!MIT'S :SHOWN kW1 HAVE UEE01 RE-DUC,ED BY PAID CkAiMS RDQL$URR ilLIN TY:r-C:146URnHCE POLICYNUunER ILIMfpChYYY-em"IpuEr DD Yey LrI.tIT5 A C9r.IMCRCIAL CEIrE>tAL LU3ILITY - Y^y, .•,]OO • ❑OC UAr.SAGE TO RENRU ;• i:La]L'. ;.�,U,y� x CCCun , MS ES[ E:f s ]C "0 �_U33-O.: .�lJ? 1:�1.9 1�I31/".::17 � LfEi7E7CF° iM'rt^u.•:rs�n, ; g Ex4llldrid PCR.SORALSAOV!NJUTiY S 1Ur000.C'0C} GF!v'L:.:JisErnTEL:.NrAyC•L{eMs'ER GENERALACGRLCA:i• II 111,UOC,000 X r--L:GY 000 J ! Ci r PrtOR1IGT , CVhsFAr' AuG i 10, C00,00 i LSTIIrFI ESC , i 10,01}O,Oa3 AUTOMOBILE UABIUTY I,ilitrlli:Ll7 $Wtilt lull +k� yel4reM1 ' i lei, GQR, iIO�J MY AU 10 UQMLY IPIJ U RY PCrri:r y:.n] i 1 1 RLL ❑',NED ' � IIEQLrkI"r] ^�Jc6.:? 04 Atji ?tls11xc1D l�13a/�C19 ➢OpILr I[IJ:In'riP�-.+-:.+!,+t, 3 P10'03VOIED 1 PROPERTY I)NAAC�: S HJIED A;1TO:: • AUTC.i I Is e• =.I - A, s,n 3 250,C00 UM13RELLfi LIAO ' x OCCUii 6:'CkIC]cCL[iitZIJCL 3 I0.030.400 }. CACE5S LIAp cLA1.M:i, .!AGE_ ACGP. --- C.ATL• .3 10. 000' noo p• n P Iriltrrr•1.3 U,C71U 1r 4.T U-•Jl ':13? /2L19 12 13/=Cl i5 ViU RKz-W3 CO HIS C."Ar, qY I Milt r x I"h- : A1110 0..1;'LOYER� LIA3:Ure Y Ili - ^.r+crifrE f-R I Yr. _ ;? -•c.'.r.•._ 1�-, 3 1 1'/J-1_01?' 131fC"+15 Et f-k%LH„GC111Er.t 3 1,0O0,000 IMir! ai:ry In I1RI .. 5Y_n C;'kp 5 L fYSEAE% E.5 LI: i'LCiYFi: i 1 , OCO. [ZOO If., . r.•-.r r•,, i:'I2P ni f L V!%—Ar',_.FOOCY0.111 i 3,000 Q00 1 DESCRFOTION Of 4PIMArO14SILCCATIONS r V00CLL5 iACOHII Wt. AadWonat Ram+rwa Sniat1we, miy t. ,c;Tarhe[M mere spice lr Ia "u!red) BE: police Substation at Mail and Pol><ci:;q So-V.iCCa - 12-3P kT C:D:L%IGN; FIR, LLC anti Herlwio Geier LLC am addiwional inauroda per tut -.no and vC lU-L"t GLRTO 1302 Oil 13 nttath+ed 1SC;P i:T CO.124Ot•I5 =4, I= & H'erlcnr, Geier ;Linag•emo.nt, LL•^_ 425 California St. San ?:ranciscv, CA 94104 ACORD 25(20i4101] SHOULD ANY OF THE ABOVE DESCRIBED POLICtES 13E CANCELLED i3EFORE T!IE EXPIRATION DATE THEREOF, NOTICE 4NILL LIE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. A UT140 MZE 0 RE PR Es E N TA TIV E C511398.2014 ACORO CORPORATION. All rights The ACORD rrame and logo Bra rooislered marks of ACORD 48 COUNCIL MEETING DATE: January 19, 2021 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ATS VERRAMOBILITY TRAFFIC SAFETY CAMERAS POLICY QUESTION: Shou3d the City enter into another Professional Services Agreement with ATS VerraMobi I ity for traffic safety carneras? COMMITTEE: Parks, Recreation, Human Services and Public Safety MEETING DATE: Jan. 12, 2021 Council Committee - (PRHS&PS) CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Commander Casey Jones DEPT: P❑ Attachments: 1. Staff Report 2. Proposed agreement Options Considered: I. Approve the proposed agreement. 2. Do not approve the proposed agreement and provide direction to staff. MAYOR'S RECOMMENDATION: Option #1 MAYOR APPROVAL: all 0 DIRECTOR APPROVAL.: a! 11r!!Cl' iotlll Ie1iW0aw 1w ia1/D,-ktc COMMITTEE RECOMMENDATION: "I move to for-svard the proposed Agreement to the January 19, 2020 consent agenda for approval. " Committee Cliair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the proposed Agreement, and authorize the Mayor to execute said agreeniew. " BELOW TO BE COMPLETED BY CITYCLERK SOFFICE, COUNCIL AC ION- ❑ APPROVED COUNCIL 13ILL4 ❑ DENIED r,irst reading ❑ TAB LEDIDEFERRED/140 ACTION Enactment rending ❑ NIOVED i'O SECOND READING (ordinances only) ORDINANCE # REVISED— 1112019 RESOLUTION # 49 CITY OF FEDERAL WAY MEMORANDUM DATE: January 12, 2021 TO: City Council Members VIA: .Tim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Americad Traffic SolutionslVerra Mobility Professional Service Agreement Photo Enforcement Program Financial Impacts: Our existing program with American Traffic Solutions (ATS) is working well. We are confident that the contract with ATS is appropriate and the fees are reasonable. The reported revenues and fees are closely tracked by our Finance Department. With eleven cameras currently installed, the program continues to be 100 percent violator funded. Background Information: Traffic safety is a high priority for the Police Department and through our Red -Light Photo Enforcement (RLPE) program, we have been using traffic cameras with traffic control devices at intersections and school zones. Through statistical data review, this technology has shown the ability to improve and further enhance traffic safety in multiple locations around the city. The photo -enforced intersections and school zones were chosen by the Police Department as the locations of the highest incidents of red-light running and school zone speeding. As shown by the reduction of the number of traffic infractions over the life of the program, the inference can be made that the photo enforcement program is having the desired effect — drivers are slowing down in school zones and stopping at red lights at monitored intersections. Good driving behavior, evidenced by motorists obeying traffic laws, is much more prevalent with the onset of our photo enforcement program. The Federal Highway Administration (FHWA) and the National Highway Traffic Safety Administration (NHTSA) maintains that "A comprehensive approach to intersection safety incorporates engineering, education, and enforcement countermeasures to prevent red- light running and improve intersection safety. Red-light camera systems can be a very effective countermeasure to prevent red-light running. " (Red -Light Camera Systems Operational Guidelines, FHWA, January 2005.) Photo enforcement technology does not replace traditional methods of traffic enforcement. Rather, it serves as a supplement to traditional traffic enforcement techniques, in addition to educational and engineering efforts designed to enhance traffic safety. The Police Department will continue to measure and 50 Rev. M 8 evaluate the effectiveness of the red-light photo enforcement program with regard to safety, traffic flow, and motorist compliance with traffic control devices. Proposal Our current Professional Services Agreement with ATS expires December 31, 2020. We recommend council approval to enter into a new five-year contract with American Traffic Solutions for a terra that starts on 01-01-2021 and runs through 12-31-2025. This Agreement would automatically extend for a subsequent one-year term; provided, however, that either party may terminate this Agreement at the expiration of any term by providing written notice of its intent not to extend the Agreement one hundred twenty (120) days prior to the expiration of the then -current, making the contract persist until 12-31-2026. Our RLPE program is achieving the desired voluntary compliance results we anticipated. Below is an excerpt from 2019 traffic report. The statistics show that the number of collisions has decreased when compared to years before the installation of cameras and when compared to the first years of cameras in 2008 and 2009. "The following data compares the number of collisions occuiring in all RLPE intersections prior to and after the implementation of the program. Year S 348`h/Enchanted Pkwy 5 S 320`h/Pacific Hwy 5 5 312"j(Pacific Hwy S 2005 41 54 18 2006 44 58 26 2007 38 35 19 2008* 33 48 32 2009* 49 52 23 2010 20 33 18 2011 26 22 20 2012 26 22 24 2013 21 11 22 2014 18 12 23 2015 14 8 1 19 2016 10 11 23 2017 16 15 12 2018 26 16 33 2019 29 27 + 26 * Because 2008 and 2009 were inceptionlexpansion years for the,n+'ogram, the most accurate comparison is reflected during the ' f dly operational " years of 2010 and later. # Collision statistics starting in 2014 are iww complied solely using the SECTOR (Statewide Electric Collision & Ticket Caline Records) database" 51 Rev. 7118 PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement includes the attached Exhibits ("Agreement") and is made by and between American Traffic Solutions, Inc., doing business as Verra Mobility, ("Verra Mobility") and the City of Federal Way, Washington ("Customer' ). WITNESSETH: WHEREAS, Customer desires to maintain a photo enforcement program to enforce traffic violations (the "Program") in accordance with RCW 46.163.170 and FWRC 8.05.0901 WF-IEREAS, public convenience and necessity require the Customer to retain the services of Verra Mobility which has photo enforcement implementation and operations experience and is a leading provider of photo enforcement systems with the Customer and across the country; and WHEREAS, Verra Mobility has the exclusive knowledge, possession and ownership of certain equipment already installed in the Customer, and has licenses, and back -office processes through an automated web -based Citation processing system (collectively referred to as the "Axsisrm System" cr "Axs&s currently used by the Customer for its existing photo enforcement program; and WHEREAS, the Customer finds Verra Mobility is qualified to perform and is experienced in providing the required services; and W[JEREAS, the Customer desires to engage Verra Mobility to provide traffic safety camera services, also known as photo enforcement services; and NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is hereby admitted and acknowledged, the parties agree as follows: By signing below, the parties agree to the terms and conditions of this Agreement. Each individual signing below represents that such individual has the requisite authority to execute this Agreement on behalf of the entity which such individual represents and that all the necessary formalities have been met. ACKNOWLEDGED AND AGREED TO BY: AMERICAN TRAFFIC SOLUTIONS, INC. By: Name; Title: Date: CITY OF FEDERAL WAY, WASHINGTON IN Jim Ferrell, Mayor Date: ATTEST: Stephanie Courtney, CMC, City Clerk Date: APPROVED AS TO FORM: M J. Ryan Call, City Attorney Date: 52 This Agreement is effective on January 1, 2021. DEFINITIONS As used in this Agreement, the following words and terms shall, unless the context otherwise requires, have the respective meanings provided below: `Approach One (1) direction of travel on a road or a traffic intersection including up to four (4) contiguous lanes and, if applicable controiled by up to two (2) signal phases, on which a Camera System may be installed upon the mutual agreement of the parties. "Ax-sis"or `Axsis System" T'he proprietary back -end system that processes Events and Violations, including the printing and mailing of Citations, the generation of evidence packages, and that provides system generated reports of Violation counts. 'Business Hours" Eight (8) hours per day, Monday through Friday, excluding weekends and holidays. `Business Pules'; The Business Rules Questionnaire to be completed by Customer and delivered to Verra Mobility setting forth the business rules for the implementation and operation of the Program. "Camera System"or "Camera'; A photo -traffic monitoring device consisting of one (1) rear camera, strobe (if applicable), and traffic monitoring device (including the wiring associated with each) capable of accurately detecting a Violation on as Approach with one (1) to four (4) contiguous lanes, depending on the Camera System configuration, which records such data with one (1) or more images of such vehicle. "Camera System", where the context requires, also includes any enclosure or cabinet, wiring, and related appurtenances in which the equipmenc is stationed. "Gamern System" may refer to either a Red Light Safety Camera System, or a Fred Site School Zone Speed Safety Camera System depending on the context. "Change Order Notice'; Written notice from Customer requesting changes to the work required to be performed or the addition of products or services to those required pursuant to the terms of this Agreement, setting Forth in reasonable detail the proposed changes. "Change Order Proposal": A written statement from Verra Mobility describing the cost of the changes to the work or addition of products or services requested by Customer in a Change Order Notice. "Citation" A citation, notice of violation, notice of infraction, notice of liability or equivalent instrument issued by a competent state, county or municipal law enforcement agent or agency or by a court of competent iurisdiction relating to a Violation documented or evidenced in Axsis. "Event" A potential Violation captured by the Camera System. "Fees'd The amount payable by Customer to Verra Mobility for equipment, services, and maintenance as set forth in =IIBIT A. "Fixed Site School Zone Speed Safet), Camera System'! .A. Camera System that uses radar, or other vehicle detection technology, to capture the speed of a motor vehicle in a school zone and generates recorded images of a Violation, and is installed on a mutually agreed upon Approach. "Laws1! all Federal, state, or local, laws, ordinances, regulations, and orders. "Notice to Proceed" Written confirmation from Customer that Vema Mobility may proceed with the installation of a given Camera System, a form of which is attached as EXHIBIT C. 53 Page 2 of 21 "Owner'! The owner(s) of a motor vehicle as shown by the motor vehicle registration records of the motor vel-iicle department or the analogous agency of another state or country, including a lessee of a motor vehicle under a lease of six months or longer. "Person" or "Persons" Any individual, partnership, joint venture, corporation, limited liability company, trust, unincorporated association, governmental authority or political subdivision thereof or any other form of entity, "Photo Enforcement Infrastructure 11 the poles, foundation, conduit, and other below -grade infrastructure associated with installing Camera Systems. "Ptogra►n Revenue'! Any penalty, fine, funds, fees or costs paid by a violator for any reason related to any Violation. "Projeet Time Line'? The initial schedule and timelines required to begin the implementation of Customer's project, as mutually agreed upon by the parties. "Red Light Safety Camera System'; A Camera System that uses vehicle detection technology to capture a vehicle violating a red-light traffic signal and generates recorded images of a Violation, and is installed on a mutually agreed upon Approach. `System'! A Camera System and the related Photo Enforcement Infrastructure. "Violation" A failure to obey ,in applicable traffic law or regulation, including, without limitation, failure to obey a traffic signal or operating a motor vehicle in excess of the posted speed limit. I. GENERAL TERMS AND CONDITIONS 1. Verra Mobility AGREES TO PROVIDE: The scope of work identified in EXHIBIT B, Section 1. 2. CUSTOMER AGREES TO PROVIDE: The scope of work identified in EXHIBIT B, Section 2. 3. TERM: This Agreement shall commence upon the Effective Date and shall continue for a term of five (5) years from the Effective Date of this Agreement. This Agreement will automatically extend for a single one-year term if not cancelled or terminated by either party, but will not extend beyond six years without a new agreement being executed. However, Customer or Verra Mobility may terminate this Agreement at the expiration of any term by providing written notice of its intent not to extend the Agreement one hundred twenty (120) days prior to the expiration of the then -current terra. 4. FEES AND PAYMENT: 4.1 Customer shall pay for all equipment, services and maintenance based on the fee schedule indicated in EXHIBIT A, Service Fee Schedule 1. 4.2 Invoices shall be in standard Verra Mobility format. 4.3 Customer shall pay all Fees due Verra Mobility based upon invoices from the preceding month within thirty (30) days of submission. Late payments are subject to interest calculated at 1.5% per month on open balances. 54 Page 3 of 21 4.4 Verra Mobility's Fees will be fixed for the first terra of this Agreement and if the Agreement is renewed unit prices may be increased annually, at the sole discretion of Verra Mobility, by the Consumer Price Index {CPI) according to the average change during the prior twelve (12) months in the CPI for All Urban Consumers (CPI-U) for U.S. Customer average, as published by the Bureau of Labor Statistics, U.S. Department of Labor for the Services category listed under Commodity and Service Group. 5. COMMUNICATION OF INFORMATION: Verra Mobility will comply with reasonable requests from Customer for information obtained by Verra Mobility through operation of the Axsis System. Verra Mobility reserves the right to assess a fee for such services if such information is requested by a third -party or if Customer could retrieve the information from the Axsis System without the assistance of Verra Mobility. Verra Mobility will not be under any obligation to provide information directly to non -Customer requesting parties. For any non -Customer requests for information Verra Mobility and Customer shall work collaboratively in a good faith effort to provide requested information in a timely manner, which good faith effort may include, but not be limited to, Customer's review and prior approval of Verra Mobility directly disclosing such information. Nothing in this paragraph shall be construed contrary to the terms and provisions of any public records laws, insofar as they may be applicable. G. CONFIDENTIALITY: No information given by Verra ilfobility to Customer will be of a confidential nature, unless specifically designated in writing as proprietary or confidential by Verra Mobility ("Verra Mobility Confidential Information'). If, however, Verra Mobility- does designate certain information as proprietary or confidential, Customer shall treat the Verra h'[obility Confidential Information with the same degree of care and same restrictions as Customer treats its own proprietary and confidential information, but in no event with less than reasonable care and reasonable restrictions. Customer will use Verra Mobility Confidential Information solely in connection with its rights and obligations under this Agreement, and will not use Verra Mobility Confidential Information for any other purpose, including but not limited to any use to harm or injure Verra Mobility or in any other way detrimental to Verra Mobility, If Customer receives a request or becomes legally obligated or compelled (by deposition, interrogatory, request for documents, subpoena, civil investigative demand, other demand or request by a governmental agency, or the application of statutes, rules or regulations) to disclose any of the Verra Mobility Confidential Information, Customer will promptly provide Verra Mobility with written notice of such request or requirement before any disclosure, and will cooperate with Verra Mobility's reasonable efforts to obtain Confidential treatment of the Verra Mobility Confidential Information. If a protective order or other confidential treatment is not obtained or if Verra Mobility waives It", right~ raider this paragraph, Customer agrees to furnish only so snuch of the Verra Mobility Confidential Information as it is legally required to furnish and, where appropriate, to exercise its best efforts to obtain written assurances that confidential treatment will be accorded to the Verra Mobility Confidential Information. Customer will give Verra Mobility an opportunity to review the Verra Mobility Confidential Information prior to its disclosure, and Customer will allow Verra Mobility to participate in any related proceeding. Nothing in this paragraph shall be construed contrary to the terms and provisions of any public records laws, insofar as they may be applicable. 7. OWNERSHIP OF SYSTEM: Under all circumstances, Verra Mobility shall retain ownership of all Camera Systems and the Axsis System provided for use by the Customer under the terms and conditions of this Agreement. In order to carry out the purposes of this Agreement, Far the term of this Agreement, Verra Mobility grants Customer a non- exclusive, non -transferable right to use the Axsis System. On and as of the date of termination of this Agreement, Customer shall be deemed to accept and receive full ownership and control of the Photo 1= riforcement Infrastnzcture. Verra Mobility- shall retain the ownership rights to all metadata, business intelligence, or other analytics obtained, gathered, or rained by Verra Mobility from the data captured by the Camera Systems and the ALPR lzquipment. Furthermore, Verra Mobility has the right to use non -personalized and aggregated. Program and 55 Page 4 of 21 ALPR Solution data for its internal business purposes, analytics, statistical analysis, and to perform analyses which would further Customer's Progi--am. 8. INDEMNIFICATION AND LIABILITY: 9.1 Indemnification by Verra Mobility, Verra Mobility agrees to indemnify Customer and its managers, officers, directors, employees, agents, representatives and successors (individually, a "Customer Party" and collectively, the "Customer Parties") against all liabilities, obligations, losses, damages, penalties and judgments (collectively, "Losses"), which may be imposed on or incurred by any Customer Party arising out of or related to the negligence of, willfiil misconduct of, or material breach of dus Agreement by Verra Mobility, which results in death or bodily injury to any natural person (including third parties) or any damage to any real or tangible personal property (including the personal property of third parties), except (i) to the extent caused by the negligence of, willful misconduct of, or material breach of this Agreement by any Customer Party or (i) any claim, action or demand (a "Claim' } caused by Customer's failure to perform its obligations under this Agreement. 9.2 Indemnification by Customer. Customer hereby agrees to indemnify Verra Mobility and its affiliates, shareholders or other interest holders, managers, officers, directors, employees, agents, representatives and successors; permitted assignees and all Persons acting by, through, under or in concert with them (individually, an "Verra Mobility Party" and collectively, the "Verra Mobility Parties") against any and all Losses which may be imposed on or incurred by any Verra Mobility Party arising out of or related (i) the negligence of, willful misconduct of, or material breach of this Agreement by the Customer which results in death or bodily injury to any natural person (including third parties) or any damage to any real or tangible personal property (including the personal property of third parties) except (a) to the extent caused by the negligence of, willful misconduct of, or material breach of this Agreement by any Verra Mobility Party or (b) any Claim caused by Verra Mobility's failure to perform its obligations under this Agreement. Upon the termination of this Agreement, Customer agrees to indemnify Verra Mobility Parties against any and all Losses which may be imposed on or incurred by any Verra Mobility Party arising out of or related to any Claim related to the Photo Enforcement Infrastructure on the same terms as previously indicated in this paragraph. 9.3 Indemnification Procedures. In the event of any Claim in respect of which any party hereto seeks indemnification from, the other, the party seeking indemnification (tile "Indemnified Party") shall give the party from whom indemnification is sought (the "Indemnifying Party") written notice of such Claim promptly after the Indemnified Party first becomes aware thereof, provided, however, that failure to give such notice shall not preclude indemnification with respect to such Claim, except to the extent of any additional or increased Losses or other actual prejudice directly caused by such failure. The Indemnifying Party and the Indemnified Party shall cooperate in the defense or settlement of any Claim and no party shall have the right to enter into any settlement agreement that materially affects the other party's material rights or material interests without such party's prior written consent, which consent shall not be unreasonably withheld or delayed. 9.4 Limited Liability. In no event shall Verra Mobility's liability under this Agreement exceed the greater of 11,000,000 or the average of the prior twelve (12) months of Fees paid by Customer pursuant to this Agreement. Notwithstanding anything to the contrary in this Agreement, neither party shall be liable to the other, by reason of any representation or express or implied warranty, condition or other tenam or any dui[- at common or civil law, for any indirect, incidental, special, lost profits or consequential damages, however caused and on any theory of liability, arising out of or relating to this Agreement. 9. INSURANCE: Verra Mobility shall maintain the following rrinunum scope and limits of insurance: 10.1 Commercial General Liability Insurance including coverage for bodily injury, property damage, premises and operations, products/ completed operations, personal and advertising injury, and contractual liability with a combined single limit of $1,000,000 per occurrence. 6. Page 5 of 21 '10 2 Workers' Compensation as required by applicable state law, and Employer's Liability Insurance with limits of not less than $500,000 each accident. Verra Mobility shall at all times maintain Worker's Compensation insurance coverage in the amounts required by law, but shall not be required to provide such coverage for any actual or statutory employee of Customer. 10.3 Comprehensive Business Automobile Liability Insurance for all owned, non -owned and hired automobiles and other vehicles used by Verra Mobility with a minimum $1,000,000 per occurrence combined single limit bodily injury and property damage. 10.4 Customer shall be named as additional insured on the comprehensive general liability policies provided by Verra Mobility under this Agreement. 10.5 Certificates showing Verra 'Mobility is carrying the above described insurance, and evidencing the additional insured Status specified above, shall be furnished to Customer within thirty (30) calendar days after the Effective Date of this Agreement. 11. LIMITED WARRANTY: EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, VERRA MOBILITY MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE, WITH RESPECTTO THE CAMERA SYSTEMS, THE COMMUNICATIONS DEVICES, THE AXSIS SYSTEM, OR ANY RELATED EQUIPMENT OR SOFTWARE, OR WITH RESPECT TO THE RESULTS OF THE PROGRAM. VERRA MOBILITY WARRANTS THAT ITS CAMERA SYSTEMS, THE AXSIS SYSTEM AND RELATED EQUIPIVIENT OR SOFTWARE ARE FREE FROM MATERIAL DEFECTS OR TI-IIRD-PARTY CLAIMS AND SHALL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH VERRA MOBILITY'S DOCUMENTATION DURING THE LIFE OF THIS AGREEMENT. THE CU.ST'OMI R ACKNOWLEDGES TI LAT AT TIMES SUCH SYSTEMS AND RELATED EQUIPMENT 1ND S017In4'AR1 MAY MALFUNCTION OR OTHERWISE NOT OPERATE AS ANTICIPATED. VERR,A MOBILITY SHALL DILIGENTLY ENDEAVOR TO CORRECT ANY SUCH MALFUNCTION IN A COMMERCLr1LLY REASONABLE AND TIMELY MANNER. 12. STATE LAW TO APPLY: This Agreement shall be construed under and in accordance with the laws of the State of Washington. 13. DISPUTE RESOLUTION: All disputes arising out of or in connection with the Agreement shall be attempted to be settled through good -Faith efforts between senior management of both parties. Following thirty (30) days of unsuccessful negotiation, the parties shall participate in professionally -assisted mediation, .with a mediator acceptable to both parties. The parties agree to discuss their differences in good faitls and to attempt, with the assistance of the mediator, to reach an Amicable resolution of the dispute. The mediation will be treated ass settlement discussion and therefore will be confidential. The mediator may not testify For either party in any later proceeding relating to the dispute. No recording or transcript shall be made of the mediation proceedings. Each pare' "rill bear its own costs in the mediation. The fees and expenses of the mediator will be shared equally by the parties. 13.1 Failing resolution through negotiation or mediation, any remaining dispute shall be submitted to binding arbitration in accordance with the Arbitration Rules for Professional Accounting and Related Services Disputes of the Arnerican Arbitration Association ("AAA Rules' before a single arbitrator. The place of arbitration will be mutually agreed upon within fourteen (14) days of a decision to seek arbitration. Limited discovery will be permitted in connection with the arbitration upon agreement of the parties and upon a showing of substantial need by the party seeking discovery, 57 Page 6 of 21 13.2 The arbitrator's decision shall follow the plain and natural meaning of the relevant documents and shall be final and binding. The arbitrator will have no power to award: a) damages inconsistent with the Agreement; or, b) punitive damages or any other damages not measured by the prevailing party's actual damages, and the parties expressly waive their right to obtain such damages in arbitration or in any other forum. 13.3 All aspects of the arbitration will be confidential to the extend allowed by law. Neither the parties nor the arbitrator may disclose the existence, content or results of the arbitration, except as may be necessary to comply with legal or regulatory requirements. Nothing in this paragraph shall be construed contrary to the terms and provisions of any public records laws, insofar as they may be applicable. 13.4 Each party will promptly pay its share of all arbitration fees and costs, provided that such fees and costs shall be recoverable by the prevailing party as determined by the arbitrator. if a party fails to pay such share promptly upon demand, the arbitrator shall, upon written request by the other party, enter a final and binding decision against the nonpaying party for the full amount of such share, together with an award of attorneys' fees and costs incurred by the other party in obtaining such decision, which decision may be entered in any court of competent jurisdiction. Except for the failure of a party to pay arbitration fees and costs that requires resort to the arbitrator to order such payment, the parties will bear their own attorneys' fees in any matter or dispute under this Agreement. 14. CHANGE ORDERS: Customer may request the addition of any products or services that Verra Mobility provides or other changes to the scope of work to be performed under this Agreement by providing a Change Order Notice to Verra Mobility. Upon Verra Mobility's receipt of the Change Order Notice, Verra Mobility shall deliver to Customer a Change Order Proposal. following Customer's receipt of the Change Order proposal, the parties shrill negotiate in good faith regarding a plan and schedule for implementation of the proposed changes; the time, manner and amount of payment or price and any other matters relating to the proposed changes. Any Change Order Proposal mutually agreed to by the parties in writing shall be incorporated as an addendum to this Agreement. NIMIN IC•UL-9 15.1 Verra Mobility's services may be terminated: (i) By mutual written consent of the parties; or (ii) For material breach of this Agreement by either party, where the other party fails in any material way to perform its obligations under this Agreement. a) Where Customer is in breach of this Agreement for non-payment of Fees to Verra Mobility, Verra Mobility may exercise any or all of the following remedies: (1) provide Customer written notice and ten (10) days to cure before suspending performance and turning off the Camera Systems; (2) terminate this Agreement for cause where Customer's account remains delinquent sixty (60) days after written notice; and (3) in addition to the foregoing, seek any other available remedies at law or equity. b) Termination under this Subsection 15.1(ii) for any reason other than non-payment of Fees by Customer is subject to the condition that the terminating party notifies the other party of its intent to terminate, stating with reasonable specificity the grounds therefore, and the other party fails to cure the default within forty-five (45) days after receiving written notice. 58 Page 7 of 21 (iii) In the event of termination by Verra Mobility under Subsection 15.1(u} for breach by Customer (including non-payment of Fees), Customer shall pay Verra Mobility an early termination fee based on a price of $120,000 per Red Light Safety Camera System and $120,000 per Fined Site School Zone Speed Safety Camera System amortized over sixty, (60) months on a straight-line basis from the date the Camera System is first installed and operational. The amortization schedule for said costs shall be reduced proportionally for each month each Camera System is or was installed. (iv) Customer recognizes the substantial upfront costs Verra Mobility will incur to procure, provide and install Camera Systems. Customer therefore agrees that any Camera Systems that Customer authorizes through a Notice to Proceed shall remain installed and operational for the duration of the term, unless otherwise mutually agreed. Verra Mobility will bill a restocking or standby fee for any upfront costs associated with the Camera System(s), vehicle(s), or other equipment in the event Customer terminates or suspends a Notice to Proceed. 15.2 Upon termination of this Agreement, including because it has reached the end of its term, the parties recognize that Customer Nvill have to process Events in the "pipeline". Accordingly, the parties shall take the following actions and shall have the following obligations, which survive termination during the wind -down period: (i) Customer shall cease using the Axsis System to capture Events. (ii) Unless it is unlawful to do so, Verra Mobility will, for a period of ninety (90) days, continue to process all Events captured before termination and provide all services associated with processing in accordance with this Agreement and shall be entitled to a monthly fee per Camera System. After such ninety (90) day period, Verra Mobility will terminate all use of the Axsis System for Customer's Program and upon such termination, the Axsis System, including violadoninfo.com website, and related lockbox shall no longer be capable of accepting payments. (di) Except as provided For in Section 15.2(iv) related to the Infrastructure, Customer shall return or allow Verra Mobility to recover all provided equipment within a reasonable time not to exceed ninety (90) days. (iv) Pursuant to'Section 7, Customer shall be deemed to accept full ownership and control of the Infrastructure. Upon Customer's request or if otherwise required by law, regulation, or administrative agency, and subject to the limitations set forth herein, Verra Mobility shall remove the Infrastructure Verra Mobility installed in connection with Verra Mobility's performance of its obligations under this Agreement for the actual cost of the removal (presently estimated at approximately $5,000 per Approach) plus an additional 20% service fee (the "Removal Fee" }. As part of the semices performed for the Removal Fee, Verra Mobility shall restore the surface of Customer's property to substantially the same condition as such property was in immediately prior to this Agreement, except for foundation removal, which shall be left approximately flush with grade with no exposed bolts, or other hazards. Installed underground Infrastructure shall not be required to be removed, and Customer shall accept and observe any and all duties, obligations, or liabilities associated with the remaining foundation, conduit, or other below -grade Infrastructure. 15.3 In the event of termination by Verra Mobility for non-payment of Fees by Customer, Verra Mobility shall cease processing Events as of the date of termination. 15. LIMITED AGENCY: Customer hereby grants Verra Mobility the authority to act on its behalf as a limited agent of Customer, and shall cause the applicable law enforcement agency to grant Verra Mobility the authority to act as a limited agent of the law enforcement agency, for the purposes of (i) facilitating establishment and maintaining bank accounts and delivering payment/transfer instructions, if applicable; (d) access to Department of Licensing records; and (iii) generating and administratively processing recorded images of Events as described in this Agreement and the Business Rules. Verra Mobility and its employees, contractors, agents and servants will 59 Page 8 of 21 in no event be considered to be employees, agents (other than in the limited capacity described herein), or servants of Customer. This Agreement does not and shall not be interpreted as creating a general agency relationship between Verra Mobility and Customer. 17. USE OF SUBCONTRACTORS: Fron-i tune to time,Verra Mcbilit�r may subcontract certain services provided under this Agreement without notice to or consent of Customer. All subcontractors will act in a way consistent with Verra Mobility's obligations under this Agreement. 18. DATA RETENTION: Subject to litigation holds, court orders, changes in law, or other legal requirements applicable to Verra Mobility, Verra Mobility shall maintain the categories of data set forth under the heading "Type of Record" for the periods of time set forth under the heading "Minimum Verra Mobility Retention Period" on EXHIBIT E during the term of this Agreement. Within one hundred -twenty (120) days of the later of the terrrunation of this Agreement or the termination of any wind -down period, Verra Mobility shall at its option either (i) place the Violation Images, Non -Violation Images, Individually Identifiable Violation Records, and Individually Identifiable Non -Violation Records (each as described on EXHIBIT E), not previously disposed of in accordance Nvith the data retention schedule at a secured location with SFTP access or (ii) provide Cus torner with a hard -drive containing the Violation Images, Non -Violation Images, Individually Identifiable Violation Records, and Individually Identifiable Non -Violation Records, where Customer shall have ninety (90) days to retrieve and validate the information. After ninety (90) days, Verra Mobility shall delete fill data from the SFTP location (if applicable) and shall have no further data retention obligations to Customer with respect to such data. 19. ASSIGNMENT: Neither party may assign ali or any portion of this Agreement without the prior written consent of the other, which consent shall not be unreasonably withheld or delayed. However, for business financing purposes or other corporate reorganizational purposes, Verra Mobility may sell, assign, transfer or convey any interest in this Agreement in whole or in part without the written consent of Customer. 20. FORCE MAJEURE: Neither Parry will be liable to the other or be deemed to be in breach of this Agreement for any failure or delay in rendering performance arising out of causes beyond its reasonable control and without its fault or negligence. Such causes may include bait are not limited to, acts of God or the public enemy, terrorism, significant fires, tloods, m thquakes, hurricanes, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather, or governmental authorities approval delays which are not caused by any act or omission by the parties. The party whose performance is affected agrees to notify the other promptly of the existence and mature of any delay. For the avoidance of doubt, road construction within the control of the Customer is not an event of Force Majeure. The term of the Agreement shall be extended by a period equal to that during which either parry's performance is suspended under this section, but in no event past six years from the start date. 21. TAXES: At the time of execution of this Agreement, it is the understanding of the parties that Verra Mobility's services provided hereunder may be subject to federal, state or local taxes including but not limited to excise, sales, use, property or similar taxes or charges. Customer agrees to reimburse Verra Mobility for any such tax or charge if charged against Verta Mobility, and such reimbursement may be paid from Program Revenue retained by the Customer after payment of Verra Mobility fees as set forth in Exhibit A. Such taxes or charges will be invoiced at any time once incurred. 22. NOTICES: 60 Page 9 of 21 Any notices or demand which, under the terms of this Agreement or under any statute, that must or may be given or made by Verra Mobility or Customer shall be in writing and shall be given or made by personal service, first class mail, Federal Express, or by certified mail to the parties at the following addresses: City of Federal Way 33325 &h Ave. S. Federal Way, WA 98003 Attn: Andy]. Hwang, Chief of Police 23. LEGAL CONSTRUCTION: American Traffic Solutions, Inc. 1150 North Alma School Road Mesa, Arizona 85201 Attn: Legal Department In case anyone or more of die provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such 'invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had not been contained Herein. This Agreement shall be enforced to the maximum extent possible so as to give effect to the intent of the parties and shall be reformed without further action by the parties to the extent necessary tri make such provision valid and enforceable herein. 24. AMENDMENTS TO THE AGREEMENT: any changes, modifications or amendments to this Agreement shall be in writing and signed by both parries. 25. INTEGRATION: This Agreement constitutes the sole and only agreement of the parties and supersedes any prior or contemporaneous understanding, written or oral, between the parties respecting its subject matter. The following provisions of the General Terms and Conditions shall survive the termination of this Agreement- Sections 5, 7, 8, 9, 11, 12, 13, 15, 16, 18, 20, 21 and this Section 26. During the term of this Agreement, Customer may desire to add existing products and services offered by Verra Mobility or time- to- tii-ie Verra Mobility may propose certain new technologies for Customer to consider and, if so desired, Customer may procure From Verra Mobility the existing products and services, or new technologies, through an amendment to this Agreement upon terms to be mutually agreed upon. U--'3 at11010&1 From time to time, at die mutual agreement of the parties, Verra Mobility may pilot existing Verra Mobility products and services or products and services that are under development by Verra Mobility or its current or future subcontractors and vendors (each a "Vendor'. During any pilot pursuant to this Section 28, registered owner information shall not be used and no Events will be issued as Citations and no mailing of warnings or Citations will occur. Customer expressly acknowledges that Verra Mobility is under no obligation to retain for any period of time any data produced by any pilot systems. Verra Mobility may request Customer or its employees to provide feedback on the use, quality, viability, Features, Functionality, or desirability of pilot .I.-stenis ("Customer Feedback' }. All data, drawings, plans, specifications, blueprints, studies, reports, mcnioranda, computation sheets, computer files and media or other documents prepared or generated by Verra MobilitV or a Vrndor or a pilot systems in connection with any pilot shall remain the property of Verra Mobility (the "Pilot Data" }. To the extent that such Pilot Data is provided to Customer, Verra Mobility grants to Customer a limited, personal, nonsublicensable, nonexclusive license to use the Pilot Data, solely for evaluation and statistical purposes. Actual program performance may vary from pilot performance. Customer acknowledges and agrees dint die terms of this Agreement, except forSections 7, 9, 10, 12, 13, 17, 20,22 and this 61 Page 10 of 21 Section 28, shall not apply to any such pilot. Nothing in this paragraph shall be construed contrary to the terms and provisions of any public records laws, insofar as they tray be applicable. 29. EXECUTION: This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy of this Agreement, and all of which, when taken together, shall be deemed to constitute one and the same Agreement. The exchange of copies of this Agreement and of signature pages by facsimile or ".pdf" transmission shall constitute effective execution and delivery of this Agreement as to the parties and may be used in lieu of the original Agreement for all purposes. Signatures of the parties transmitted by facsimile or ".pdf" shall be deemed to be their original signatures for any purpose whatsoever. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK; EXHIBITS ON FOLLOWING PAGES] fit Page 11 of 21 EXHIBIT A SERVICE FEE SCHEDULE 1.0 Description of Pricing Fees are based on per camera and are as follows: Product Description Feet` Lane Red Light Safety Camera System — the parties shall mutually agree on the Filed Fee per $4,751-4 number of Cameri Systems to be installed. Month per Camera Mont Sys tem, $4,750 Fixed Fee per 1-4 Lane Fixed Site School Zone Speed Safety Camera System — the Parties shall Month per Camera mutually- agree on the number of Cameras Systems installed. System Subsequent Notices Mailing Fee — For any additional notices sent by first class $2 00 per page per mail required by the Customer or required by law in excess of the standard set of notices as described in Subsection 1.2.3 of =4ISIT B, Verra Mobility will charge notice the Customer a Subsequent Notices Mailiqg Fee. Video Retrieval Fee: Vein Mobility shall retrieve up to one (1) video per week at For all additional video retrievals, the no cost to Customer. fee is $ 10.00 each. Service Fees: All service Fees per Camera System above includes all costs required and associated with a Camera System installation, routine maintenance, use of Assis System for back -office operations and reporting, Event processing services, DMV records access, first class mailing of Citations with return envelope, first class mailing of second notice (as needed), lockbox and epayment processing (excluding user convenience fee, which is paid by payor), IVR call center support for general Program questions and public awareness Program support. Any required certified (nail, or other special mailing, is not included and the fee is extra and will be billed per unit as published by the US Postal Service. 2.0 Optional Collection Services: Verra Mobility's designated collection's subcontractor may initiate collection efforts of delinquent notices upon written request by Customer, so long as collection of said .recovered revenue amounts does not conflict with applicable state law. Verra Mobility will be entitled to receive portions of the collected revenue as noted below. For those accounts in default that go to collection, this is in addition to Verra lvlobility Fees noted in Section 1.0 above. Delinquent Collections Services 30% of Recovered Revenue In the event that Customer elects to have Verra Mobility provide collections services, Customer shall so notify Verra Mobility in writing. Customer agrees that, once Verra Mobility's collections services are elected, Customer may not utilize another vendor for these collections services without prior written consent from Verra Mobility through an amendment to this Agreement. 63 Page 12 of 21 EXHIBIT B SCOPE OF WORK 1. VERRA MOBILITY SCOPE OF WORK 1.1 VERRA MOBILITY IMPLEMENTATION 1.1.1 Verra Mobility agrees to provide Camera System(s), use of the Axsis System and related seivices to Customer as outlined in this Agreement, excluding those items identified in Section 2 titled "Customer Scope of Work". Verra Mobility and Customer understand and agree that new or previously unforeseen requirements may, from time to time, be identified and that the parties shall negotiate in good faith to assign the proper party the responsibility, and cost for such items. In general, if work is to be performed by Customer, unless otherwise specified, Customer shall not charge Verra Mobility for the cost. 1.1.2 Customer and Verra Mobility will complete the Project Time Line within thirty (30) days of Agreement execution date, unless mutually agreed to otherwise by the parties. Verra Mobility agrees to make every effort to adhere to the Project Time Line. 1.1.3 Prior to installing a Camera System, Verra Mobility may conduct a statistical analysis of each Approach being considered for a Camera System or Camera Systems ("Site Selection Analysis") to assist Customer in determining which Approaches will be the most beneficial to Customer in pursuit of its traffic safety and enforcement goals. Considerations may include collision history, community safety, police department staff review and engineering and construction feasibility assessment. Camera System installations will be based on mutual agreement by Customer and Verra Mobility. Verra Mobility makes no representations or warranties that. any Violation rate estitnates will be predictive of actual future traffic Violation rates. 1.1.4 Verra Mobility will install Camera System(s) at a number of Approaches to be mutually agreed upon between Verra Mobility and Customer after completion of Site Selection Analysis and as reflected in a written Notice to Proceed. In addition to any initial installation of Camera Systems the parties may mutually agree to add additional Camera System(s) or Approaches, which shall also be reflected in a written Notice to Proceed as set forth in EXHIBIT C. 1.1.5 Verra Mobility will operate each Camera System on a 24-hour basis, barring downtime for maintenance, normal servicing activities, or other imforeseen instances, unless enforcement times are restricted by law, such as in school zones. 1.1.6 Verra Mobility's Communications Department will assist Customer with public information content and outreach campaign strategies. 1.1.7 Verra Mobility agrees to provide a secure website (w,,vw..violatioiFinfo.com} accessible to Owners/violators who have received notices of violation by means of a Notice # and PIN, which will allow Violation image and video viewing. As part of the secure website, a space will be provided for a Frequently Asked Questions (F.A.Q.) page approved by Customer. Verra Mobility will operate this secure website on. a 24-hour basis, barring downtime for maintenance, normal servicing activities, or other unforeseen instances. L L8 Verra Mobility will provide technician site visits to each Camera System, as needed, to perform maintenance checks consisting of camera enclosure lens cleaning; camera, strobe and controller enclosure cleaning, inspection of exposed wires; and, general system inspections and maintenance. 64 Page 13 of 21 1.1.9 Verra Mobility shall take commercially reasonable best efforts to repair a non-functional System within seventy-two ('72) hours (excluding weekends and holidays) of determination of a malfunction. 1.1.1 U If Customer is using Verra Mobility facilitated lockbox or epayment services, Customer shall provide Verra Mobility and the applicable payment processor with the items set forth in Section „2.,1 & below. 1.1.11 Verra Mobility is authorized to charge, collect and retain a service/convenience fee of up to the greater of $5.00 or to 5% of the total payment, for each payment processed through the web, call center, IVR, or other electronic means. Such fee is paid by the payor and retained by Verra Mobility. 1.2 VERRA MOBILITY OPERATIONS 1 2.1 Verra Mobility shall implement and operate the Program in accordance with the provisions of this Agreement and the Customer's Business Rules. 1.2.2 If a warning period is required, Verra Mobility shall provide Customer with a one-time warning period up to thirty (30) days in length following the installation and activation of the first installed Camera System. Customer shall not be charged a fee for the warning period; however, for any warning period exceeding thirty (30) days Customer shall be responsible for the normal monthly Fee. 1.2.3 Verra Mobility shall provide Customer with access to the Axsis System, including image processing, First and second notice printing and mailing per Violation, a hearing scheduled letter, a hearing denied letter, an insufficient information letter, and a dismiss letter. In the case of a transfer of liability by the Owner, the Axsis System shall be setup to mail a Citation to the driver identified in the affidavit of non -liability or identified by a rental car company. All mailings of notices are by first class mail. 1.2.4 Subsequent notices, other than those specified in Subsection 1.2.3 may be delivered by first class or other mail means for additional compensation to Verra Mobility as agreed upon by the parties. 1.2.5 Verra Mobility shall apply an electronic signature, name, or badge number to the Citation as authorized in the Customer's Business Rules. 1.2.6 Verra Mobility shall seek records from vehicle registration databases accessible to Verra Mobility through its limited agent relationship with Customer and use such records to assi+r Customer in processing Citations. Verra Mobility may mail Citations to the address of the Owner obtained through the DMV, obtained through the National Change of Address (NCOA) database provided by the United States Postal Service, or obtained through other means including, but not lirnited to skip tracing. 1.2.7 The Axsis System shall provide Customer with the ability to run and print standard system reports. Verra Mobility provides a suite of standard program reporting at no charge to clients with active Programs. Upon notice to Customer, Verra Mobility reserves the right to modify the suite of standard program reporting available to Customer, so long as such change applies generally to customen with similar programs. Customized reporting services are available upon written request. The fee for such services shall be mutually agreed upon. 1.2.8 During the twelve (12) month period following the installation of the first Camera System, upon Verra Mobility's receipt of a written request from Customer at least fourteen (14) calendar days in advance of a Court proceeding, and if required by the court or prosecutor, 65 Page 14 of 21 Verra Mobility shall provide Customer with or train a local expert witness to testify in court on matters relating to the accuracy, technical operations, and effectiveness of the Camera System or the Axsis System until judicial notice is taken. Customer shall use its best efforts to obtain judicial notice as soon as possible. If a Verra Mobility expert witness is required more than two (2) times during the twelve (12) month period, Customer shall reimburse Verra Mobility for any reasonable time and travel costs incurred for the additional dates. 1.2.9 In those instances where damage to a System (or sensors where applicable) is caused by (i) negligence on the part of Verra Mobility or its authorized agent(s), Verra Mobility shall bear the cost of repair or (ii) negligence or recklessness on the part of a driver or severe weather or other Force Maj cure events, Verra Mobility and Customer shall bear the cost of repair equally with Customer reimbursing Verra Mobility for its portion of the cost of repair. For all other causes of damage, including road construction, Customer negligence, etc. Customer shall reimburse Verra Mobility for the cost of repair. 1.2.10 Verra Mobility shall provide a help -line to assist Customer with resolving any problems encountered regarding its Camera System and/or the Axsis System. The help -line shall function during Business Hours. 1.2.11 As part of the Axsis System, a website will be made available to allow alleged violators the ability to view their Citations online. This online viewing system shall include a link to the Verra Mobility payment website(s) and may offer the opportunity to download an affidavit of non -liability online. Online obtained affidavits, if approved by the court, may be directed to and processed by Verra Mobility processors and communicated to the court via the Axsis transfer described above. 2. CUSTOMER SCOPE OF WORK 21 GENERAL IMPLEMENTATION REQUIREMENTS 2.1.1 Unless already provided based on the parties' existing relationship, within seven (7) business days of the Effective Date of this Agreement, Customer shall provide Verra Mobility with the name, title, mailing address, email address and phone number of: o A project manager with authority to coordinate Customer responsibilities under this Agreement; o Court manager responsible for oversight of all Court -related program requirements; o The police contact; a The Court contact; o The person responsible for overseeing payments by violators (might be court); o The Prosecuting Attorney; o The Customer Attorney; o The Finance contact (who receives the invoices and will be in charge of reconciliation); o The IT person for the police; o The IT person for dhe courts; o The public works and/or engineering contact responsible for issuing any/all permits for construction; and o Court manager responsible for oversight of all Court -related program requirements. 2.1.2 Customer and Verra Mobility shall complete the Project Time Line within thirty (30) calendar days of the Effective Date of this Agreement, unless mutually agreed to otherwise by the parties. Customer shall make every effort to adhere to the Project Time Line. 2.1.3 Verra Mobility to provide Customer with a mock-up of the Citation and other notices within fifteen (15) days of the Effective Date of this Agreement. Customer shall provide a revised 55 Page 15 of 21 draft of the Citation and other notices in accordance with the Laws applicable to Customer within fifteen (15) days of receipt of the mock-ups from Verra Mobility, 2.1.4 Customer shall designate a Customer account For deposit / settlement of Funds paid by violators. Within seven (7) business days of receipt by Customer, Customer shall provide Verra Mobility completed banking forms, which may include among others a participation agreement and submerchant agreement with the payment processor as well as a bank verification letter prepared by the Customer's settlement account's bank, and a Form W-9, Request for Taxpayer Identification Number and Certification. 2.1.5 Customer grants Verra Mobility the right to make non -substantive formatting or incidental changes to the Citation form without approval by Customer. 2.1.6 Cusco ner shall direct the law enforcement agency to execute the Verra Mobility DMV Services Subscriber Authorization (substantially in the form attached as EXHIBIT D) to provide verification to the National Law Enforcement Telecommunications System (,NLETS), State Department of Licensing, or appropriate authority indicating that Verra Mobility is acting on behalf of the Customer for the purposes of accessing vehicle ownership data pursuant to the list of permissible uses delineated in the Drivers Privacy Protection Act 18 U.S.C. 2721, Section (b)(1) and as may otherwise be provided or required by any provision of applicable state law. 2.1.7 Customer shall prepare the Business Rules for implementation and operation of the Program. 2.1,8 Customer is responsible for notifying Verna Mobility of any local legislative and/or ordinance changes in writing within forty-eight (48) hours of the East read of the proposed legislation. Verra Mobility will not be responsible for complying with any change in applicable local taw, until such time as Verra Mobility has been notified by Customer in writing of the change in law. 2.1.9 Customer is responsible for all final jurisdictional issues, including but not limited to as they pertain to issuance oFCitations, adjudication of Violations, and intergovernmental authorities. 2.1.10 Once a Notice to Proceed is gz-anted to Verra Mobility in writing, Customer shall not issue a stop work order to suspend activity on the implementation process, unless Customer reimburses Verra Mobility for costs Incurred up to the dare the stop work order is issued. 2.1.11 Customer shall not use the Camera Systems or Axsis for any purpose not permitted by Law. 2.1.12 Customer shall process each Event in accordance with state law and/or municipality ordinances within three (3) business days of its appearance in the law enforcement review queue, using Axsis to detennine which Events constitute Violations that will be issued as Citations. In the event thar Customer fails to process Events widen this timefrarne, Verra Mobility shall not be liable for failure of the Axsis System to allow Customer to issue a notice or Citation within statutory timeframes. 2.1.13 In the event that remote access to the Axsis System is blocked by Customer network security infrastructure, Customer's Department of Information Technology shall coordinate with Verra Mobility to facilitate appropriate communications while maintaining required security measures. 67 Page 16 of 21 2.2 STREETS AND TRAFFIC DEPARTMENT OPERATIONS 2.2.1 All Camera Systems are intended to retrain installed for the duration of the Agreement. If Customer requests that Versa Mobility move a System to a new Approach after initial installation, Customer shall pay for the total cost to relocate the System; provided however, Verra Mobility will relocate the Transportable Safety Camera Systems up to one time per month at no cost to Customer, 2.2.2 If a construction or improvement project requires an installed Camera System to be deactivated or requires a Camera System, including imbedded sensors, to be moved or removed, Customer shall pay a reduced monthly fee of $2,500 per month for the deactivated Camera System during the time the Camera System is deactivated and pay any costs inprred by Verna Mobility for removing, and if applicable reinstalling, the System. If System may be reinstalled after project is completed, in lieu of paying the reduced monthly Fee while Camera System is deactivated Customer may instead elect through a Change Order, or other written modification to the Agreement, to extend the current term of the Agreement for the time period the Camera System was deactivated. 2.2.3 Prior to the installation of any new System, Customer shall provide Verra Mobility information regarding any and all road construction or improvement projects scheduled during the term of this Agreement for any Approach designated fox System installation. In addition, within tl-irty (30) days of becoming - aware of anticipated construction that may result in the deactivation of a Sys tern or otherwise impact an Approach during the term of this Agreement, Customer shall notify Verra Mobility of any such construction. 23.E Customer will design, fabricate, install and maintain camera warning signs required by law for purposes of operating dze Program. IE Customer cannot provide such signage, Verra Mobility will do so, and Customer shall reimburse Verra Mobility for such costs. 2.2.5 Customer understands that proper operation of the System sometimes requires attachment of certain items of detection equipment to existing signal masts, mast arms and/or other street furniture. Customer, therefore, shall provide free access to Verra Mobility to attach certain items of detection equipment to existing signal masts, mast arms and/or other street furniture if required for the proper operation of the System. 2.2.6 Customer shall allow Verra Mobility to access power from existing power sources at no cost and, if applicable, shall allow or facilitate access to traffic signal phase connections to a pull box, pole base, or controller cabinet nearest to each System within Customer's jurisdiction. If these items are not made available, the costs of any additional conduit or power infrastructure needed to support installation of the System shall be funded by Customer, which funding may come from Program Revenue retained by the Customer after payment of Verra Mobility fees as provided in Exhibit A. Verra Mobility may agree to cover these upfront costs and separately bill Customer through the monthly invoice. If existing power sources are not immediately available, Customer will allow Verra Mobility to use temporary pourer until the existing power is established. In situations where it is not possible to obtain electrical power from a pre- existing source, Customer shall bear the costs (or reimburse Verra Mobility) For obtaining routing power. When access to power facilities is not under the jurisdiction of Customer, it shall be Customer's responsibility to negotiate any necessaiy agreements with the owner or maintaining agency of the pourer facility and infrastructure in order to provide required access to said power facilities and infrastructure. Any costs associated with the needed agreements shall be funded by Customer. 2.2.7 Verra Mobility installation plans, where required by Law, shall be approved by a licensed professional engineer and such deliverables shall conform to applicable engineering norms and reflect the details of installation work to be completed. 68 Page 17 of 21 2.2.8 Customer shall approve or reject Verra Mobility submitted plans within seven (7) business days of receipt. Customer shall use best efforts to ensure that the total duration between subruttal and finalization does not exceed ten (10) days for plan approvals when plans are being reviewed and permitted by any state, county, and/or local agencies. 2 2.9 Customer, or any department of Customer, shall not charge Verra Mobility or its subcontractor(s) for building, construction, electrical, street use and/or pole attachment permits, including any fee for traffic control services and permits during installation or maintenance of a System. Customer shall also apply for, when in Customer's name, or coordinate the application for, when in the name of a Customer agency, school, or school district, and fund any and all needed state, local, and/or county permits, including any traffic control permits. 2.2.10 Custorner understands and agrees that time is of the essence and that public safety is at issue and shall issue all needed perr uts to Verra Mobility and its subcontractor(s) within three (3) business days of plan approval. Customer shall provide its best efforts to aid in achieving these t4neframes For permit issuance when permitted by any state, county, find/or local agency. 2.2.11 If required by the submitted design plan for proper operation, Customer shall allow Verra Mobility to install vehicle detection sensors in the pavement of roadways within Customer's jurisdiction, as permitted. Customer shall provide its best efforts to aid in acquiring any and all required permission and permits when the roadway is under the jurisdiction of the state or co► ri t1% 2.2.12 Customer shall allow Verra Mobility to build needed infrastructure into any existing Customer - owned easement. 2.2.13 If use of private property right-of-way is needed, Customer shall assist Verra Mobility in acquiring permission to build in existing utility easements as necessary. Any costs for private property right-of-way lease/rental costs shall be borne by Customer as it is expressly excluded from the base fee structure identified in the fee schedule. 2.3 COURTS OPERATIONS 2.3.1 Custoinner shall provide a judge or hearing officer and court facilities to schedule and hear disputed Citations. 2.3.2 Customer shall handle inbound and outbound phone calls and correspondence from defendants who have questions about disputes and other issues relating to Citation adjudication. Customer may refer citizens with questions regarding the Camera System technology and processes to websites and/or toll -Free telephone numbers provided by Verra Mobility for that purpose. 2.2.1 Verra Mobility shall provide one (1) online adjudication processing module in Axsis for use by the Customer which will enable the adjudication function to review cases, related images, and other related information regLured to adjudicate disputed Citations. If instead of using the online adjudication processing module in Axsis Customer desires to integrate Verra Mobility data into its adjudication system, subject to feasibility, Verra Mobility shall provide a court interface. Customer is responsible for the cost of development of any such court interface, including any costs charged by a third -parry vendor. Customer is responsible for entering all final dispositions of Citations including all payments of Citations into the Axsis System, either directly through the online adjudication processing module or through the court interface. Gi] Page 18 cf 21 EXHIBIT C FORM OF NOTICE TO PROCEED Reference is made to the Standard Professional Services Agreement by and between American Traffic Sotutions, Inc., doing business as Verra Mobility ("Verra Mobility") and ("Customer'), dated as of [date] (the "Agreement"), Capitalized terms used in this Notice to Proceed shall hsve the meaning given to such term in the Agreement. Customer hereby designates this implementation of Systems at the Approaches listed below. Verra Mobility shall make its best efforts to install a System within sixty (60) days of permits being granted and power delivered for each agreed -upon Approach, providing that Customer has received permission for all 'implementations in writing from any third -party sources. Below is a list of Approaches provided by Customer, which have been analyzed based on traffic volumes, road geometry, and existing infrastructure and are believed to be locations at which a System would increase public safety. Execution of this Notice to Proceed by Customer shall serve as authorization for the installation of Systems For all Approaches designated as follows: .-1 iroq,ch ])'PC of F.nFnrCemenr I C::iMMI SVSteln SOltldOn Customer understands that implementation and installation of any Approach is subject to Site Selection Analysis and engineering results. Customer recognizes the substantial upfront costs Verra Mobility will incur to construct and install the Systems For the above listed Approaches. Customer agrees that the Systems authorized by this Notice to Proceed for the above -listed Approaches shall remain installed and operational for the duration of the current term of the Agreement. Verra Mobility reserves the right to bill Customer for any upfront costs associated with the intersection approaches listed above in the event Customer elects to cancel or suspend the installation. IN WFI'N1 SS ,NHEREOF, Customer has executed this Notice to Proceed as of the date written below. [CUSTOMER) M Name; Date Title: ACKNOWLEDGED AND AGREED TO BY: ANfERICAN 'TRAFFIC SOLUTIONS, INC. I3y: Naive: Date Title: 70 Page 19 of 21 EXHIBIT D DMV SERVICES SUB CRIBER AUTHORIZATION Agency ORL PATE-1 NLETS 1918 W. Whispering Wind Dr, Phoenix, AZ 85085 Attn: Steven E. Correll, Executive Director Re: Authorization for American Traffic Solutions, Inc, to Perform DMV Inquiry Dear Mr. Correll: Please accept this letter of acknowledgement that an agreement to perform automated enforcement between the federal %'Vay Police Department on behalf of the City of Federal Way, Washington and American Traffic Solutions, Inc_, doing business as Verra Mobility, is or will be entered into and will be or is in force. As a cequiremcnt of and in performance of that Agreement between the City of Federal Way, Washington and Verra Mobility it will be necessary for Verra Mobility to access NLETS motor vehicle data. Please accept this letter as authorization from the Federal Way Police Department for Verra Mobility to run motor vehicle inquiries. This authorization is and will be in effect for the term of our agreement writh NLETS and any subsequent renewals. This authorization will automatically expire upon the termination of the Agreement between the City of Federal Way, Washington and Verra Mobility, and, such authorization is limited to violations detected by the automated enforcement camera systems. By completing the Woirnation below and signing this letter, I am stating that I am a member of the Federal Way Police Department and have the authority to empower Verra Mobility to use ❑ICI for this function. SUBSCRIBER INFORMATION Subscriber Agency/Name NLETS Agency ORI Name/Title of Authorized Representative Mailing Address Telephone Fax Email Signature of Authorized Representative Date Signed 71 Page 20 of 21 EXHIBIT E RETENTION SCHEDULE Type -of Record Minimum VERRA MOBILITY Retention Prriod Violation Images LE2010-OS2 Retain until exhaustion of appeal process -then destroy. Non -Violation Images LE2010-053- Retain until verification that no violation was cap Lured, and then des txo . Individually identifiable Violation Records LE2010-052-Retain until exhaustion of appeal rocess-then destroy. Individually Identifiable Non -Violation Records LE2010-053-Retain until verification that no violation was captured, and then destroy. Annual Camera Sys tem.Calibration/Certification GS50-06B-22-System specifications/certification of Records camera system should be inept for G years after the system/ eui ment is replaced/disposed of. Maintenance Records GS2012-040- Kept for 6_yearsAF`.2'ER asset no longer in usel owned by a enc . Other Program Records TA Aruryfrs Reports GS-50-18-34-Kept jut U year7 ujLer analyri,r or report is completed, and then transferred to Customeror a rais'aZ Type of Record Minimum VERRA MOBILITY Retention Period Violation Images LE2010-052 Retain until exhaustion of appeal process -then destroy. Violation linage: an image of a Violation issued as a Citation. Individuali)., Idenufiable Violation Records: a record containing individually identifiable information pertaining to a Violation issued as a Citation. Non -Violation Image: an image of an Event not issued as a Citation. Individually Identifiable Non -Violation Records: a record containing individually identifiable information pertaining to an Event not issued as a Citation. This records retention schedule does not apply to any Event data captured by the Camera System, but not uploaded into Axsis. 72 Page 21 of 21 COUNCIL MEETING DATE: January 19, 2021 ITEM #:, CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: JAIL SERVICES CONTRACT —KING COUNTY JAIL POLICY QUESTION: Should the Federal Way Police Department continue to use the King County .tail as a contract jail facility? COMMITTEE: PRHS&PSC MEETING DATE: .January 12, 2020 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Kurt Schwan, Professional Standards DEPT: Police Commander Attachments: I. Staff Report 2. Jail Services Contract — King County Jail Options Considered: 1. Approve the proposed agreement and authorize execution of the contract. 2. Do not approve the proposed agreement and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR eL:g6DIRECTOR APPROVAL: C in�tim c Co i hi�ua!! aic l❑iliallfJate Ir�;:.1i+Dz;e COMMITTEE RECOMMENDATION: I move to forward the proposed agreement to the January 19, 2021, Council consent agenda for approval Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to approve the proposed agreement and authorize the Mayor to sign said agreement. " BELOW TO BE COMPLETED BYCITY CLERKS OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLEDIDEI'ERREDINO ACTION Enactment reading ❑ mOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED -- I2J2017 RESOLUTION # 73 CITY OF FEDERAL WAY MEMORANDUM DATE: January 12, 2021 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT, Jail Services Contract — King County Jail Financial Impacts: In an attempt to secure additional housing options, we continue to utilize contract jail facilities to manage our jail population. The King County Jail has been used by the Federal Way Police Department to house inmates arrested on felony charges, at no charge to the city, since its inception in 1996. The King County jail is also used to house combative inmates as well as those requiring additional services, such as advanced medical and mental health services, which may not be available at some of the smaller contract facilities we utilize. There would be no additional financial impact to the city, as this cost would be fulfilled by reallocating funds already allotted within the City's Jail Services budget. Background Information: In 2020, we separated from SCORE,Jail as an Owner City because the financial burden became unsustainable. In 2009, SCORE was established to serve seven Owner Cities, with a goal of providing consolidated correctional services at a lower total cost to the participating Owner Cities. In the case of Federal Way, there had been a significant jail cost increase in the seven years we had been an Owner City. In 2012, Federal Way's total jail budget was $2,305,280, a 17% M&O obligation (based on 60 ADP). In 2018, the SCORE jail budget swelled to $6,293,163, a 30.23)%M&O obligation (80 ADP). The 2018 total jail budget was $6,415,972, which included other jail expenses outside of SCORE. The steady incremental increase for those seven years, totaling 20 more ADP, had increased our SCORE budget by $3,987,883 — this reflected an increase of 173% since the inception of our participation. The SCORE Financial Alternatives Study Subcommittee was created to research financial alternatives for Owner Cities. At that time, no feasible alternative option existed or has been presented for Owner Cities to remedy the unsustainable financial obligation for the City of Federal Way. 74 Rev. M8 On September 4, 2018, Federal Way City Council unanimously passed a resolution authorizing the withdrawal from the SCORE Inter -local Agreement. In 2020, as an alternative to the SCORE Jail, the FWPD entered into Jail Services contracts with King County Jail, Kent City Jail, Yakima County Jail, Issaquah City Jail, and the Puyallup City Jail to manage our jail population. Since the decision to leave SCORE, we have successfully managed our jail population within the allotted budget and ended the year with significant jail budget savings. Having the option to secure j ail services at the King County Jail assists us in appropriately handling our inmate housing needs while staying within our allotted Jail Services budget. 75 Rev. 7/18 Interlocal Agreement Between King County and The City of Federal Way . for Jail Services THIS AGREEMENT is effective as of January 1, 2021 ("Effective Date"), The Parties to this Agreement are King County, a Washington municipal corporation and legal subdivision of the State of Washington (the "County") and The City of Federal Way, a Washington municipal corporation (the "City"). WHEREAS, this Agreement is made in accordance with the Interlocal Cooperation Act (RCW Chapter 39.34) and the City and County Jails Act (RCW Chapter 70.48); NOW THEREFORE, in consideration of the promises, payments, covenants and agreements contained in this Agreement, the parties agree as follows: Definitions: Unless the context clearly shows another usage is intended, the following terms shall have these meanings in this Agreement: I "Agreement" means this interlocal Agreement by and between King County and the City for Jail Services and any amendments to this Agreement. 2 "Booking" means registering, screening and examining persons for confinement in the Jail or assignment to a King County Community Corrections Division (CCD) program; inventorying and safekeeping personai property of such persons; maintaining all computerized records of arrest; performing warrant checks; Jail Health Services (JHS) health screening; and all other activities associated with processing a person for confinement in Jail or assignment to a CCD program. 1.3 "Booking Fee" means the fee incurred for booking City Inmates, as further described in Exhibit Ill, Section 2. 1.4 "Business Day" means Monday through Friday, 8:00 a.m. until 5:00 p.m., except ernergency facility closures, holidays and County -designated furlough days. 1.5 "City Detainee" means a person booked into or housed in a Secure Detention facility such as the Jail but also including any other Secure Detention facility not operated by or on behalf of the County, which individual would, if housed in the Jail, qualify as a City Inmate. 1.6 "City Inmate" means a person hooked into or housed in the Jail when a City charge is the principal basis for booking or confining that person. A. A City charge is the principal basis for booking or confining a person where one or more of the following applies, whether pre-trial or post -trial. (See Exhibit I for further billable charge rules.): 1.6. I The person is booked or confined by reason of committing or allegedly committing a misdemeanor or gross misdemeanor offense within the City's jurisdiction, and: 76 1.6.I.1 The case is referred to the City, through its City Attorney or contracted attorney, for a filing decision; or 1.6.1.2 The case is referred to the City, through its City Attorney or contracted attorney, who then refers the case to the County Prosecutor for a filing decision per section i .6.2; or 1.6.1.3 The case is filed by the City, through its City Attorney or contracted attorney, whether filed under state law or city ordinance. 1.6.2 The person is booked or confined by reason of committing or allegedly committing a misdemeanor or gross inisderneanor offense, whether filed under state law or city ordinance. within the City'sjurisdiction and the case is referred by the City, through its City attorney or contracted attorney, to the County prosecutor and filed by the County prosecutor as a misdemeanor in district court due to a conflict or other reason but excluding a case filed in a regionally -funded mental health court as described in Section 1.6.10. 1.6.3 The person is booked or confined by reason of a Court warrant issued either by the City's Municipal Court or other court when acting as the City's Municipal Court; i .6.4 The person is booked or confined by reason of a Court order issued either by the City's Municipal Court or other court when acting as the City's Municipal Court; or, 1.6.5 The person is booked or confined by reason of subsections 1.6.1 through 1.6.4 above in combination with charges, investigation of charges, and/or warrants of other governments, and the booking or confinement by reason of subsections 1.6.1 through 1.6.4 above is determined to be Elie most serious charge in accordance with Exhibit i. 1.6.6 The person has been booked or confined for reasons other than subsections 1.6.1 through I.6.5 and would be reieased or transferred but far the City having regt:ested that the County continue to confine the person. B. A City charge is not the principal basis for confining a person where: 1.6.7 The person is booked or confined exclusively or in combination with other charges by reason of a felony charge or felony investigation, 1.6.8 The person is confined exclusively or in combination with other charges by reason of a felony charge or felony investigation that has been reduced to a State misdemeanor or gross misdemeanor. 1.6.9 The City has requested the transfer of the person to another jail facility not operated by King County and the County denies the request, unless one or more of the transfer exception criteria listed in Attachment I-2 are met, in which case the person remains a City Inmate. The billing status of the person will change to no longer be the City's responsibility effective the calendar day following the day that the County denies the transfer request. If the County thereafter determines that it no longer needs to detain the person and the person would as a result become a City Inmate, then the County will provide notice to the City that it will become billable for the Inmate. For details on notice and billing, see Attachment I-2. 1.6. 10 The person is booked or confined by reason of committing a misdemeanor or gross misdemeanor offense, whether filed under state law or city ordinance, within the 77 City's jurisdiction and the case is refe:red by the City attorney or contracted attorney to the County prosecutor and filed by the County prosecutor as a misdemeanor in the mental health court (or successor) for so long as the operations of such court are substantially funded by special regional funds (for example, Mental Itiness and Drug Dependency sales tax levy) or other regional funding as the County may determine. The County shall provide the City thirty (30) days Notification before changing the status of a regionally -funded mental health court to local funding status. The City is not billed far cases filed by the County prosecutor into mental health court prior to changing to local funding status. 1.7 "Community Corrections Programs" means programs designed as alternatives to, or as rehabilitation or treatment in lieu of, Secure Detention, operated by or on behalf of the King County Department of Adult and Juvenile Detention (DAJD) Community Corrections Division, or its successor. Upon the date of the execution of this Agreement, Community Corrections Programs include Electronic Home Detention and Community Center for Alternative Programs (CCAP). 1.8 "Continuity of Care Records" means an Inmate's diagnosis, list of current medications, treatments, PPD (tuberculosis screening test) results and scheduled appointments or follow-ups. 1.9 "Contract Cities" mean cities that are signatory to an agreement in substantially similar form to this Agreement. Contract Cities do not include cities who are a party to the 2012- 2030 Agreement. 1.10 "Contract Cities Inmates" means all Contract Cities' City Inmates. 1.11 "County Inmate" means any Inmate that is not a City Inmate. 1.12 "DAJD" means the King County Department of Adult and Juvenile Detention or its successor agency. 1.13 "Fees and Charges" are the Fees and Charges imposed as described in Section 4 and Exhibit Ill. 1.14 "Force Majeure" means war, civil unrest, and any natural event outside of the party's reasonable control, including pandemic, fire, storm, flood, earthquake or other act of nature. 1.15 "Inmate" means a person booked into or housed in the Jail. 1.16 The first "inmate Day" means confinement for more than six (6) hours measured from the time such Inmate is first presented to and accepted by the Jail for housing in the Jail until the person is released, provided that an arrival on or after six (6) o'clock p.m. and continuing into the succeeding day shall be considered one day. The second and each subsequent Inmate Day means confinement for any portion of a calendar day after the first Inmate Day. For persons confined to the Jail for the purpose of mandatory Driving Under the Influence (DUI) sentences, "Inmate Day" means confinement in accordance with Exhibit II. 3 78 1.17 "Jail" means a place owned or operated by or under contract to the County primarily designed, staffed, and used for the housing, in full confinement, of adults charged or convicted of a criminal offense; for the punishment, correction, and rehabilitation of offenders charged or convicted of a criminal offense; for confinernent during a criminal investigation or for civil detention to enforce a court order, all where such place is structured and operated to ensure such individuals remain on the premises 24-hours a day (excluding time for court appearances, court approved off -premises trips, or medical treatment). Inmates housed in the Jail are considered to be in Secure Detention as defined in Section 1.26. Upon the date of the execution of the Agreement, Jail includes the King County Correctional Facility and the detention facility at the Maleng Regional Justice Center. 1.18 "Maintenance Charge" is the daily housing charge incurred for City Inmates housed in .fail as further described in Exhibit III, Section 1. 1.I9 "Medical Inmate" means an Inmate clinically determined by the Seattle -King County Department of Public Health, or its successor charged with the same duties. as needing the level of services provided in the .Tail's infirmary. If an Inmate is moved to the general Population then the Inmate is no longer considered a Medical Inmate. 1.20 "Notification" means provision of written alert, confirmation of information or request meeting the requirements of Section 11.11. In contrast, a "notice" means providing alert or confirmation of information or request in writing to the individuals identified in Section 1 I . 11, or their designee (as may be specified through a forinal Notification) through means less formal than required by Section 11.I 1, including but not Iiniited to electronic mail or facsimile. 1.21 "Official Daily Population Count" is an Official count of inmates in the custody of the Jail made at a point in time in a 24-hour period for, among other purposes, security and Population management. It is not used for billing purposes. 1.22 "offsite Medical Came Charges" means those pass -through charges for treatment of a City Inmate where that Inmate is clinically determined by the Seattle -King County Department Of Public Health, or its successor charged with the same duties, as needing services provided from offsite medical institutions, as further defined €n Exhibit III Section 4. An Inmate may receive Offsite Medical Care that triggers an Offsite Medical Care Charge without being otherwise classified as a Medical Inmate or Psychiatric Inmate (e.g., some Inmates held in the general population receive offsite medical care that wili result in Offsite Medical Care Charges being incurred). 1.23 "Psychiatric Inmate" means either an Acute Psychiatric Inmate or a Non -Acute Psychiatric Inmate, as defined below. 1.23.1 A "Non -Acute Psychiatric Tnmate" is an Inmate clinically determined by the Seattle - King County Department of Public Health, or its successor charged with the same duties, as needing Psychiatric Care Services (as further described in Exhibit III and Attachment III-1) and housed outside the JaiI's acute psychiatric housing tin its. €.23.2 An "Acute Psychiatric Inmate" is an inmate clinically determined by the Seattle -King County Department of Public Health, or its successor charged with the same duties, .Z 79 as needing the level of services provided in the Jail's acute psychiatric housing units (as further described in Exhibit If[ and Attachment III-1). If an Inmate is moved to housing outside the Jail's acute psychiatric housing units then the Inmate is no longer considered an Acute Psychiatric Inmate. 1.24 "Parties" mean the City and County, as parties to this Agreement. 1.25 "Secure Bed Cap for Contract Cities" means the maximum total number of beds in Secure Detention in the Jail available on a daily basis to house Contract Cities Inmates in the aggregate. The Secure Bed Cap for Contract Cities is based on the Official Daily Population Count, and is established in Section 6. 1.26 "Secure Detention" refers to a facility structured and operated for the full confinement of City Detainees to ensure such individuals remain on the premises 24-hours a day (excluding time for court appearances, court approved off -premises trips, or medical treatment), such as the Jail but also including other similar facilities that the City may elect to house City Detainees. Secure Detention excludes City Inmates enrolled in Community Corrections Programs. 1.27 "Surcharge" means any of the following special charges, defined in Exhibit I11, Section 3 and further described in Attachment II1-1: Infirmary Care Surcharge; Non -Acute Psychiatric Care Surcharge; Acute Psychiatric Care Surcharge; and 1:1 Guarding Surcharge. 1.28 "20 [2-2030 Agreement" means the agreement executed by the County and the City of Seattle effective on January 1, 2012 together with any other interlocal agreement in substantially the same fond of said agreement executed by the County and another city. 1.29 "Base Year" refers to the year in which the base fees, charges and surcharges are set. Ten]LThis Agreement shall commence on the Effective Date and shall extend through December 31, 2022. This Agreement shall supersede all previous contracts and agreements between the Parties relating to the Jail and any other jail services, except that any obligations contained in these previous contracts or agreements which expressly survived termination or expiration of these previous contracts or agreements shall rernain in effect. Jail and Health Services. The County shall accept City Inmates for confinement in the Jail, except as provided in Sections 5.4, and 6 of this Agreement. The County shall also furnish the City with Jail facilities; booking; transportation among facilities, as determined necessary in the County's sole discretion, including the various Jail facilities, Harborview Medical Center and Western State Hospital; custodial services; and personnel for the confinement of City Inmates at least equal to those the County provides for confinement of County Inmates. However, the County reserves the right to operate specific programs and/or facilities exclusively for County Inmates or persons sentenced or assigned to Community Corrections Programs. The County shall furnish to City Inmates in Secure Detention all medical, dental and other health care services required to be provided pursuant to federal or state law. Also, the County shall mace every reasonable effort to release a City Inmate as expeditiously as possible after the County has received notice of a court order to release. Nothing in this section shall be deemed to limit the County's right to refuse to accept City Detainees for confinement in Jail when they are deemed by the County to be in need of urgent medical or psychological care, nor- to return custody of such inmates back to the City if the City Detainee is admitted to the hospital or psychiatric facility. 5 M-6 4. City Compensation. The City will pay the County a Booking Fee, Maintenance Charge, Surcharges, and Offsite Medical Charges as follows (together with such other charges as may be applicable in accordance with this Agreement): 4.1 Booking Fee. The Booking Fee shall be assessed for the booking of City Inmates by or on behalf of the City into the Jail as further described in Exhibit III, Section 2, The Booking Fee will be inflated effective January 1, 2022. 4.2 Maintenance Char e. The Maintenance Charge shall be assessed for a City Inmate for each Inmate Day as provided in Exhibit III, Subsection 1. The Maintenance Charge will be inflated effective January 1, 2022. 4.2.1 The County will provide notice to the City after booking a City Inmate in order to give notice that the City Inmate has been booked and to provide the opportunity for release to the City if the City so desires. Such action will take place as soon as reasonably possible but no later than the next business day after booking. A City Inmate released within six hours of booking will result in no Maintenance Charges. 4.2.2 The County will provide notice to the City of the billing status of its Inmates for the prior calendar day in cases where confinement is the result of multiple warrants or sentences from two or more jurisdictions. As of the date of this Agreement, this notice is provided to the City once each business day when applicable. The intent of this program is to allow the City to take custody of a City Inmate if they so desire after the other jurisdictional warrants are resolved and thereby prevent unnecessary Maintenance Charges, 4.1.3 The Parties may amend the notice requirements of Sections 4.2.1 and 4.2.2 by administrative agreement signed by both the Chief Executive Officer of the City and the King County Executive. 4.3 Access to and _Charges Far City Inmate Use of Community Corrections Programs. The Parties agree to discuss in good faith the ability for the City to access Community Corrections Programs, and to negotiate charges for such access. Any agreement between the Parties with respect to access and charges for Community Corrections Programs shall be enacted through an amendment to this Agreement. 4.4 Surcharges and Offsite Medical Charges. In addition to the Booking Fee, Maintenance Charge, and any other charges agreed 'to per Section 4.3, the City will be charged for Offsite Medical Charges and Surcharges as detailed in Exhibit I11, Section 3 and 4. 4.4.1 Proposed Notice of Certain Surcharges. The County intends to provide or make available to the City timely notice of occurrences when a City Inmate is transported to Harborview Medical Center or other offsite medical institution, or is receiving infirmary care or psychiatric care that will subject a City to Surcharges. Notice provided or made available will be based on information known to DAJD at the time (since billing status of an Inmate may be changed retroactively based on new information or other factors). The County intends to provide or make available this notice within two (2) business days following the day in which the chargeable event occurs and will make good faith efforts to provide notice sooner if practicable, The County will make good faith efforts to try to institute a means to 81 provide notice to the City within twenty-four (24) hours of the admittance of a City Inmate to Harborview Medical Center or other offsite medical institution. The County's failure to provide or make available notice or develop quicker means to provide notice to the City as detailed above shall not excuse the City from financial responsibility for related Offsite Medical Charges or Surcharges, and shall not be a basis for imposing financial responsibility for related Offsite Medical Charges or Surcharges on the County. Q i I I i ng and Bill in Dispute Resolution Procedures. 5.1 The County shall transmit billings to the City monthly. Within forty-five (45) days after receipt, the City shal l pay the full amount billed or withhold a portion thereof and provide the County written notice meeting the requirements of Section 5.2.1, specifying the total amount withheld and the grounds for withholding such amount, together with payment of the remainder of the amount billed (if any amount remains). Notwithstanding the foregoing, the County shall bill the City for Offsite Medical Charges as such charges are periodically received by the County from third party medical institutions or other offsite medical providers. Offske Medical Charges shall be due within such time and subject to such withholding and dispute resolution procedures as otherwise provided in this Section 5. 5.2 Withholding of any amount billed or alleging a violation related to billing provisions of this Agreement shall constitute a dispute, which shall be resolved as follows: 5.2.1 The County shall respond in writing to billing disputes within sixty (60) days of receipt of such disputes by the DAJD billing offices. To ensure the soonest startto the sixty (60)-day timeline, the City should electronically mail scanned billing disputes directly to the DAJD billing office, or by fax, or U.S. mail rather than to any other County office or officer. The DAJD billing office contact information as of the date of this Amendment is: KC DAJD DAJD-AP@kingcounty.gov Attn: Finance --Inmate Billing 500 Fifth Avenue Seattle, WA 98104 FAX Number: 206-296-3435 5.2.2 In the event the parties are unable to resolve the dispute, either Party may pursue the dispute resolution mechanisms outlined in Section 9. 5.3 Any amount withheld from a billing, which is detennined to be owed to the County pursuant to the dispute resoitition procedure described herein, shall be paid by the City within thirty (30) days of the date of the resolution. 5.4 if the City fails to pay a billing within forty-five (45) days of receipt, the County will provide the City with a notice of its failure to pay and the City shall have ten (10) days from receipt of such notice to cure nonpayment. Any undisputed billing amount not paid by the City within sixty (60) days of receipt of the billing, and any amounts found to be owing to the County as a result of the billing dispute resolution procedure that are not paid within thirty (30) days of resolution, shall be conclusively established as a lawful debt owed to the County by the City, shall be binding on the Parties, and shall not be subject to 7 82 legal question either directly or collaterally. In the event the City fails to cure its nonpayment, the City shall be deemed to have voluntarily waived its right to house City inmates in the Jail and, at the County's request, will remove City Inmates already housed in the Jail within thirty (30) days. Thereafter, the County, at its sole discretion, may accept no further City Inmates until all outstanding bills are paid. This provision shall not limit the City's ability to challenge or dispute any biIiings that have been paid by the City. 5.5 The County may charge an interest rate equal to the interest rate on the monthly County investment earnings on any undisputed billing amount not paid by the City within forty- five (45) days of receipt of the billing, and any amounts found to be owing to the County as a result of the billing dispute resolution procedure. Interest on amounts owed begin accruing on the forty-sixth (46) day after payment was due. 5.6 Each Party may examine the other's financial records to verify charges. If an examination reveals an improper charge, the next billing statement will be adjusted appropriately. Disputes on matters related to this Agreement which are revealed by an audit shall be resolved pursuant to Section 5.2. Jail Capacity. 6.1 The Contract Cities may house Contract Cities Inmates in the Jail at an aggregate number, calculated based on the Jail's Official Daily Population Count, equal to or less than the Secure Bed Cap for Contract Cities established in Sections 6.1.1. 6.1.1 Through December 31, 2022, the Secure Bed Cap for Contract Cities in the aggregate is f fty (50) beds. These fifty (50) beds shalt be available on a first -come, First -served basis measured at the time of the Sail's Official Daily Population Count. 6.2 In the event the number of Contract Cities Inmates exceeds the Secure Bed Cap for Contract Cities described in Section 6.1, the County will notify the Contract Cities by phone or electronic mail. The County may then decide to continue to house Contract Cities Inmates in excess of the Secure Bed Cap for Contract Cities. Alternatively, the County may refuse to accept bookings from the City anti I such time as the aggregate number of Contract Cities Inmates is reduced below the Secure Bed Cap for Contract Cities. If the aggregate number of Contract Cities Inmates is reduced be]ow the Secure Bed Cap for Contract Cities through removal of Contract Cities Inmates from the Jail, then the County will be obligated to accept new City bookings. The notice required by the first sentence of this Section 6.2, will be made to the person designated in Section 11.11 of this Agreement, and will inform the City whether the County intends to continue to house Contract Cities Inmates in excess of the Secure Bed Cap for Contract Cities described in Section 6.1, or whether the County will refuse to accept bookings from the City until such time as the aggregate number of Contract Cities Inmates is reduced below the Secure Bed Cap for Contract Cities described in Section 6. 1. 6.3 At the end of the last day of this Agreement, the Contract City agrees to reduce the number of Contract City Inmates in the Jail to zero (0), with the exception that Inmates whose status has changed to Contract City Irunate, will not be included in the calculation of the number of Contract City Ininates, if such individuals are removed from the Jail within seventy-two (72) hours of such change in status. 8 83 For the purpose of determining the number of Contract Cities Inmates only, and not for billing purposes, Inmates held on multiple warrants or sentences by the County which include one or more city warrants or sentences in addition to a County and/or state warrant or sentence, and Contract Cities Inmates that have been booked into the Jail and the Contract City has not been notified of such booking shall not be considered a Contract Cities Inmate . Also, Contract Cities Inmates housed in the Jail will not be considered Contract Cities Inmates for the purpose of determining the number of City Inmates. 6.4 The .Tail's capacity limit for Contract City Medical Inmates is thirty (30). The Jail's capacity limit for Contract City Psychiatric Inmates is one -hundred -fifty-one (151). For the purpose of this Section the Medical and Psychiatric Inmate population will be determined following the definitions in Sections 1.21 and 1.25 at the time of the Jail's Official Daily Population Count. 6.5 When the Jail has reached its capacity limit for either Medical or Psychiatric Inmates as set forth in Section 6.4, the County will provide notice to the City by phone or electronic mail. Such notification will be made to the person designated in Section l 1.11 of this Agreement. At the time this notification is made the County may request that the City take custody of a sufficient number of its Medical or Psychiatric Inmates to reduce the number of Medical or Psychiatric Inmates to the capacity limits detailed in Section 6.4, or the County may inform the City that the County is willing to continue to house these Inmates. 6.6 County requests under Section 6.5 will be made as follows. The billable city (under this Agreement or other jail service agreements between the County and cities that have identical provisions as this Section) with the Inmate most recently admitted as Medical or Psychiatric Inmate will be asked to take custody of that inmate. This process will be repeated until such time as the Medical and Psychiatric populations are reduced below capacity limits, or the Jail is willing to house these Inmates. 6.7 If the County, pursuant to Sections 6.5 and 6.6, requests that the City take custody of Medical or Psychiatric Inmates, the City shall comply with the County's request. The City shall take custody of its' Medical or Psychiatric Inmates by picking them tip no later than twenty-four (24) hours after the County's request. If the City has not picked -tip the Medical or Psychiatric Inmate within twenty-four (24) hours of the County's request, the County shall deliver the Medical or Psychiatric Inmate to the City's designated drop-off location or backup location. In either case, the City's designee must accept the Medical or Psychiatric Inmflte from the County, and mast be available to do so seven (7) days a week, twenty-four (24) hours a day. In all cases, the County shall provide the receiving entity with Continuity of Care Records, in a sealed envelope, at the time custody is transferred. The City will ensure that the City and the receiving entity comply with all applicable confidentiality laws and roles. Similarly, the City will ensure that Continuity of Care ' Within eight (8)-hours of the County's request, the City may provide the County with the names of other Medical Inmates to substitute for the Medical Inmates identified for pick-up by the County. In the event the City identifies Substitute Medical Inmates that are City Inmates, the provisions of Section 6 will continue to apply. In the event the City identities substitute Medical inmates that are the responsibility of a different city (Substitute City) that is party to this Agreement or ajai I services agreement with the King County containing these same provisions, the Substitute City will be responsible For picking -up the substitute Medical Inmates within 24-hours of the initial request for pick- up. In the event tilt Substitute City Fails to pick-up its Medical Inmates within 24-hours of initial notification to the City. the County may deliver the Medical Inmates named in the original notification to the City's designated drop-off location or backup location. The procedures outlined in this rootnote will also apply to Psychiatric Inmates; 9 84 Records are provided to the County at the time custody of a City Inmate receiving the level of care consistent with a Medical or Psychiatric Intnate is transferred to the County. 6.8 If the County, in its sole discretion, decides to transport Medical or Psychiatric Inmates to the City's designated drop-off location or backup location within King County, Washington, the County will do so without charge. Should the County agree to a drop-off location or backup location outside of Icing County, Washington, the City will pay all transportation costs for Medical or Psychiatric Inmates taken to the designated drop off location or backup location. In no case will the County be obligated to transport a Medical or Psychiatric Inmate out-of-state. 7. Jail Planning. 7.1 Jail Planning. The County and the City recognize the value of sharing information about their respective inmate populations and anticipated use of Secure Detention and alternative means of detention. The Parties agree to make good -faith efforts to share this information regularly. Furthermore, should the County begin planning for potential changes in jail space or models, the County will make good -faith efforts to provide notice to the City that such planning is underway, so that the City has an opportunity to participate in planning efforts. 8. Indemnification. 8.1 The County shall indemnify 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 reason of or arising out of any negligent action or omission of the County, its officers, agents, and employees, or any of them. In the event that any suit based upon such a claim, action, loss, or damage is brought against the City, the County shall defend the same at its sole cost and expense; provided, that, the City retains 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 City and its officers, agents, and employees, or any of them, or jointly against the City and the County and their respective officers, agents, and employees, or any of them, the County shall satisfy the same. 8.2 The City shall indemnify and hold harmless the County and its officers, agents, and employees, or any of them, from any and ail claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by reason of or arising out of any negligent act or omission of the City, its officers, agents, and employees, or any of them. In the event that any suit based upon srich a claim, action, loss, or damage is brought against the County, the City shall defend the same at its sole cost and expense; provided that the County retains the right to participate in said suit if any principle of governmental or public laws is involved; and if final judgment be rendered against the County, and its officers, agents, and employees, or any of them, or jointly against the County and the City and their respective officers, agents, and employees, or any of them, the City shall satisfy the same. 8.3 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, 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, rule or regulation is at issue, the City shall 10 85 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 attorney's fees. 8.4 The terms of this Section 8 "Indemnification" shall survive the termination or expiration of this Agreement. 9. Dispute Resolution. In the event the Parties are unable to resolve a dispute, then either Party may pursue the dispute resolution provisions of this Section 9. 9.1. Either Party may give Notification to the other in writing of a dispute involving the interpretation or execution of the Agreement. Within thirty (30) days of this Notification, the King County Executive and the Chief Executive Officer of the City, or their designees, shall meet to resolve the dispute. If the dispute is not resolved, then at the request of either Parry it shall be referred to non -binding mediation. The mediator will be selected in the following manner: The City shall propose a mediator and the County shall propose a mediator; in the event the mediators are not the same person, the two proposed mediators shall select a third mediator who shall mediate the dispute. Alternately, the Parties may agree to select a mediator through a mediation service mutually acceptable to both Parties. The Parties shall share equally in the costs charged by the mediator or mediation service. 9.2. Each party reserves the right to litigate any disputed issue in court, de nova. 10. Termination. Either Party may initiate a process to terminate this Agreement as follows: 10.1. Ten (10)-pay Notification of intent to Terminate. Any Party wishing to terminate this Agreement shall issue a written Notification of intent to terminate, not less than ten (10) days prior to issuing a ninety (90) day termination Notification under Section 10.2 of this Agreement. Upon receipt of the written Notification of intent to terminate, the parties will meet to confer on whether there are steps that the non -terminating party can take in order to avoid a ninety (90) day termination Notification notice under Section 10.2 of this Agreement. 10.2. Ninety (90)-Day Termination Notification. After the ten (10) day period has run under Section t0. l of this Agreement, the party desiring to terminate this Agreement may provide the other party ninety (90) days written termination Notification, as provided in RCW 70.48.090. 11. General Provisions. 11.1. Other Facilities. This Agreement reserves in each party the power to establish a temporary holding facility during a pandemic, riot, civil disobedience or natural disaster, to establish group homes or other care or rehabilitation facilities in furtherance of a social service program, to temporarily transfer Inmates to alternative detention facilities in order to respond to Jail overcrowding, a public health directive, or to comply with a final order of a federal court or a state court of record for the care and treatment of Inmates. 11.2. Grants. Both Parties shall cooperate and assist each other toward procuring grants or financial assistance from the United States, the State of Washington, and private benefactors for the Jail, the care and rehabilitation of Inmates, and the reduction of costs of operating and maintaining Jail facilities. 11 86 1 1.3. Law Enforcement Intake Portal. The County will offer the use of a web -based Subject Intake Portal when its Jail Management System goes live in 202 I. The tool will allow law enforcement officers to log onto the system and enter all arrest, caselcharge, victim, probable cause, and drug crime certificate information. This method is the County's preferred method of intake and booking. Cities that take advantage of this intake method will be able to print out or receive an electronic version of the intake information, including the ability to integrate with the JMS via web services or API integration if desired. 11.4. SeverabiIity. If any provision of this Agreement shall be held invalid, the remainder of this Agreement shall not be affected thereby. Remedies. No waiver of any right tinder this Agreement shall be effective unless made in writing by the authorized representative of the party to be bound thereby. Failure to insist upon full performance on any one or several occasions does not constitute consent to or waiver of any later non-performance nor does payment of a billing or continued performance after Notification of a deficiency in performance constitute an acquiescence thereto. The Parties are entitled to all remedies in law or equity. 11.6. Exhibits. This Agreement consists of several pages plus the following attached exhibits, which are incorporated herein by reference as fully set forth: Exhibit 1 Method of Determining Billable Charge and Agency Exhibit II Exception to Billing Procedure Exhibit III Calculation of Fees, Charges and Surcharges 1 1.7. Not Binding on Future Agreements. This Agreement does not bind the Parties as to the terms, fees, or rate formulas to be included in any future jail services agreements. € 1.8. Entire Agreement. This Agreement, including all exhibits and attachments hereto, represents the entire understanding of the Parties and supersedes any oral representations that are inconsistent with or modify its terms and conditions. l l .9. Modifications. The provisions of this Agreement may only be modified and amended with the mutual written consent of the King County Executive and the Chief Executive Officer of the City and (lie approval of their respective legislative bodies, excepting that certain modifications to the notice requirements in Sections 4.2.2, 4.2.3 and Attachment I-2 may be approved administratively by signature of both the Chief Executive Officer of the City and King Cotinty Executive as specified herein. 11.10. Force Majeure. In the event either parry's performance of any of the provisions of this Agreement become impossible due to Force Majeure, that party will be excused from performing such obligations until such time as the Force Majeure event has ended and all facilities and operations have been repaired and/or restored. 11.1 I. Notifications. Except as otherwise provided in this Agreement, any Notification required to be provided Linder the terms of this Agreement, shall be delivered by certified mail, return receipt requested or by personal service to the following person: 12 87 For the City of Federal Way - Or their successor, as may be designated by written Notification from the City to the County. For the County: Chief of Administration Dept, of Adult and Juvenile Detention 500 Fifth Avenue Seattle, WA 98104 Or his/her successor, as may be designated by written Notification from the County to the City. 1 1.12. Council Approval. The Parties' obligations under this Agreement are subject to official City and County Council approval. 11.13. Fil_ ins. As provided by RCW 39.34.040, this Agreement shall be filed with the King County Department of Records and Elections. IL 14. Ass ignment/Subcontracting_ The City may not assign or subcontract any portion of this Agreement or transfer or assign any claim arising pursuant to this Agreement. 11.15. No -Third Party Beneficiaries. Except as expressly provided herein, there are no third -party beneficiaries to this Agreement. No person or entity other than a party to this Agreement shall have any rights hereunder or any authority to enforce its provisions, and any such rights or enforcement must be consistent with and subject to the terms of this Agreement. 11.16. Execution in Counterparts. This Agreement and any amendments thereto, shall be executed on behalf of each party by its duly authorized representative and pursuant to an appropriate motion, resolution or ordinance. The Agreement may be executed in any number of counterparts, each of which shall be an original, but those counterparts will constitute one and the same instrument. 13 88 King County King County Executive Date Approved as to Form: King County Deputy Prosecuting Attomey Date The City of Federal Way Title of City Q leial Date Approved as to Form: Title of City DjfIcial Date 14 89 EXHIBIT I Method of Determining Billable Charge and Agency Process Overview The application of all billing rules in conjunction with Section 1.6 of this Agreement comprises the method for determining the principal basis for booking or confining a person. The County's billing system examines all open and active charges and holds for each calendar day and applies the billing priority rules and tie breaker rules as set forth below. Then the billable agency is determined from the billable charge(s) or hold(s) and the application of exception rules, for example, the special DUI sentencing rule or the special six -hour rule. Billing Priority Rules The Billing Priority Group is determined in the followina order: 1. Local felony charge(s) A local felony charge is filed by the King County Prosecuting Attorney into a King County court. 2. Investigation holds from King County An investigation hold is one that has been referred agencies or pursuant to a contract to the King County Prosecutor and includes King County invests ation holds. 3. Department of Corrections (DOC) Felony and misdemeanor charges adjudicated by charge(s) pursuant to contract with DOC hearing examiner. Cases heard by a local DOC court are considered local misdemeanors even if DOC is the originating agency. 4. Local misdemeanor charge(s) and. city Includes King County misdemeanors. court appearance orders 5. Other holds (contract and non- contract) Tie Breaker Rules Tie breaker rules are applied in the following order to the Local Misdemeanor Priority Group (Number 4 above) when there are charges with multiple billable agencies. The first rule that applies determines the billable charge(s). The billable agency for the selected charge(s) is the billable agency. 1. Longest or only sentenced This rule selects the charge(s) with an active sentenced charge charge rule or, if there is more than one active: sentenced charge, the rule selects the charge with the longest imposed sentence length. 2. Earliest sentence rule This rule selects the charge(s) with the earliest sentence start date. 3. Lowest sentence charge This rule selects the sentenced charge(s) with the lowest charge number rule number as given in the DAJD booking system. 4. Arresting agency rule This rule selects the charge(s) or hold(s) with a charge billable agency that matches the arresting agency for the booking. This rule selects the agency with the highest total bail stunmed S. Accumulated bail rule for all of the charge(s) and hold(s) for which the agency is the billable errs . 6. Lowest charge number This rule selects the charge or hold with the lowest charge ru le number as given in the DA]D booking system. 15 90 Attachment I-1: City and County Jail Charges Clarification This document contains several examples consistent with Section 1.6 of this Agreement. # Situation .fail Costs associated with these cases are• I Inmate booked by a city on a felony investigation, whose County responsibility case is filed by the Prosecutor initially as a felony in Superior Court but subsequently amended to a misdemeanor charge (for evidentiary reasons, or entry into mental health court, or for other reasons) 2 Inmate booked by a city on a felony investigation and County responsibility (including the whose case is initially frled by the Prosecutor (rs a felony expedited cases to be filed under the in District Court as part of a plea bargain effort (so new Prosecutor Filing Standards). called "erpedited cases") 3 Inmate booked by a city on a felony investigation whose County responsibility case is initially filed by the County Prosecutor as a misdemeanor in district court (i.e., mental health, domestic violence or in regular district court) 4 Inmate booked by a city on a felonv investigation. The County responsibility prior to release of County prosecutor declines to file the case and refers it felony investigation by County to a city prosecutor or law enforcement For any further prosecutor; action. City responsibility from and after release of felony investigation 5 Misdemeanor or felony cases originated by state County responsibility agencies ( i.e., WSP ) 6 lnmates booked by a city on a juvenile charge who are County responsibility held in adult detention or become adults during the pendency of their charge or sentence. 119 91 Attachment 1-2 Inmate Transfers: Transfer Request Exemption Criteria, Notice and Billing (Relating to Section 1.6.9) A. In the event of one or more of the following transfer exception criteria are met, a transfer maybe denied by the County, in which case the person for whom the City has sought a transfer remains a City Inmate: (1) Inmate has medical/health conditions/ treatments preventing transfer. (2) Transfer location refuses Inmate. (;} Inmate refuses to be transported and poses a security risk. (4) inmate misses transport due to being at court or other location. (5) City refuses to sign transfer paperwork requiring the City to arrange transportation for Inmate back to [ding County, if needed, when City sentence ends. B. If the County has refused a transfer request and thereafter deten-nines that it no longer needs to detain the person and the person would as a result become a City Inmate, then the County will provide notice to the City that it will become billable for the: Inmate. The City will not incur a Maintenance Charge on the day of notice. If the City transfers the Inmate during the six calendar days irnmediately following the day of notice, it will not incur a Maintenance Charge for the first calendar day following notice, but will incur a Maintenance Charge for each subsequent calendar day until the Inmate is transferred. Ifthe City does not transfer the Inmate from the Jail during this six -day period, the City is billable beginning the calendar day following the day of notice from the County. C. The terms of this Attachment 1-2 may be amended by administrative agreement evidenced by execution in writing by the Chief Executive Officer of the City and Ding County Executive. 17 92 EXHIBIT II Exception to Billing Procedure For persons serving the one- and two-day commitments pursuant to the mandatory DUI sentence grid who report directly from the community to the Jail for incarceration, Inmate day shall not be defined according to Section 1.16 of the Agreement. Instead, Inmate day shall be defined as a twenty -four-hour period beg n n i ng at the time of booking. Any portion of a twenty -four-hour period shall be counted as a full Inmate day. The number of days billed for each sentence shall not exceed the sentence lengths specified on the court commitment. Two examples are provided for illustration: Two-day sentence served on consecutive days: John Doe Booked 711121 0700 Released 713121 0700 Number of Inmate days = 2 Two-day sentence served on non-consecutive days: John Doe Booked 711121 0700 Temporary Release 712121 0700 Return to Jail 718121 0700 NUrnber of Inmate days = ? Released 719121 0700 The Department of Adult and Juvenile Detention will apply this definition of Inmate day to the City's direct DUI one and two-day Inmates by adj usting the City's monthly bill before it is sent to the City. If the changes are not made for some reason, the City will notify the Department of Adult and Juvenile Detention, which wi I l rnake the necessary adj ustments. 18 93 EXHIBIT III Calculation of Fees, Charges and Surcharges Starting on the Effective Date of this Agreement, the City shall pay the fees, charges, and surcharges with such annual adjustments for inflation as described below. Starting on the Effective Date of this Agreement, the City shall also pay offsite medical care charges as detailed below 2021 is the Base Year for fees, charges, and surcharges and is the basis from which the fees, charges, and surcharges are to be annually adjusted by applying the inflators set forth in Subsection 5.a. of this Exhibit 1I1. 1. MAINTENANCE CHARGE AND CAPITAL EXPENDITURE CHARGE The Maintenance Charge shall be calculated as described below. The Maintenance Charge starting January 1, 2021, and for the remainder of the calendar year 2021, excluding any adjustments for Capital Expenditure Charges, will be $204.30. When combined with the Capital Expenditure Charges, the Maintenance Charge for calendar year 2021 is $210.19. The Maintenance Charge shall be inflated in 2022 as described in Section 5. The City will not be charged a Maintenance Charge for a City Inmate where the Inmate has been offsite (e.g. housed outside of the Jail) for all twenty-four (24) hours of a Surcharge Day and subject to 1:1 Guarding Surcharge for the entirety of such twenty-four (24)-hour period. b. In addition to the annual adjustment to the Maintenance Charge described above, King County will increase the Maintenance Charge to capture the cost of Capital Expenditures. Capital Expenditures are defined as the cost of repairing and renovating current jail capacity and facilities and support and administrative facilities that benefit ]ail operations. Additional Capital Expenditures will be included in the Maintenance Charge if such expenditures benefit City Inmates. Any Capital Expenditure that solely benefits County Inmates will not be charged to the City. Capital Expenditures do not include Jail Bed Expansion Projects. Capital Expenditures do not include Major Maintenance. i. Capital Expenditures will be calculated in proportion to the square footage that benefits adult detention. Cities will be billed their proportionate share based on the total number of Inmate Days (as defined in Section 1.16). By August t5 of 2021, DAJD will estimate the total number of Inmate Days for 2022, and provide notice to the City of the Capital Expenditure Charge to be included in the Maintenance Charge for 2022. Upon regt}est of the City, the County shall provide its six (6)-year CIP and its six (6)- year major maintenance plan to the City. The County will provide a detailed line item budget of each Capital Expenditure. if the City disputes that the Capital Expenditure benefits City inmates or otherwise disputes the inclusion of the Capital Expenditure or any portion of the Capital Expenditures' budget in the maintenance fee, the matter will be resolved under the dispute resolution processes described herein, Capital Expenditures will not be charged to the City to the extent such Capital Expenditures are covered by federal grants, state grants, insurance proceeds, capital maintenance reserves or voter approved capital funding far jail related improvements. iii. Capital Expenditures. if debt financed, shall begin being charged when debt service payments begin for the permanent financing of the Capital Expenditure and shall 19 94 continue until the end of the debt amortization unless the debt amortization is less than fifteen (15) years, in which case the charges to the City will be amortized over fifteen (15) years. If the Capital Expenditure is not debt financed, Capital Expenditure charges shall be based on actual expenditures. The County will make available documentation evidencing such expenditures. iv. Beginning January 1, 2021, and continuing through calendar year 2021, the Capital Expenditure Charge for €5P for the City is $4.90 and the Capital Expenditure Charge for the CSSP is $0.99, for a coin bined total Capital Expenditure Charge of $5.89 to be added to the Maintenance Charge set forth in subparagraphs a and b above. 2. BOOKING FEE a. The booking fee shall be based on whether or not the City is using the County's Personal Recognizance (PR) screeners for individuals it brings to a County jail facility to be booked. The two booking fees starting January 1, 2021 and for the remainder of the calendar year 2021 will be initially set as follows: i. The Base Booking Fee shall be $149.31. This is the booking fee payable by Contract Cities that are not using the County's PR screeners. This Booking Fee shall include 40.86% of the total Budgeted Jail Costs associated with booking (including .fail Health Intake Services); this percentage of booking costs to be included in the Booking Fee shall remain fixed through the terrn of this Agreement. ii. The Standard Booking Fee shall be $219.16. This is the booking fee payable by Contract Cities using the County's PR screeners. This booking fee is composed of the Base Booking Fee plus the fee associated with the County's PR screeners. b. Ifthe City has a court order on file as of the Effective Date, confirming that the City and not the County will have authorization to provide PR screening for City Inmates, then the City will be qualified for the Base Booking Fee as of the Effective Date. To qualify for the Base Booking Fee in 2022, the City must either provide a court order not later than July 1, 2021 confirming that the City and not the County will have authorization to provide PR screening for City Inmates, or a previously issued court order must remain in effect. If an authorizing court order is revoked or expires and is not renewed, the City will no longer qualify for the Base Booking Fee, The Booking Fee shall be inflated in 2022 as described in section 5 below. 3. SURCHARGES In addition to payment of the Maintenance Charge and the Booking Fees, the City shall pay Surcharges associated with services provided to City Inmates as described below. The types of services provided to an Inmate associated with each Surcharge, and a general description of each Surcharge, is set forth in Attachment l I 1- 1. The initial Surcharge amounts described in paragraphs (a) —(d) below shall apply from the January 1, 2021, through December 31, 2021, and shall inflated for 2022 as described in Section 5 below. Infirmary Care. For Medical Inmates, the City shall pay an Infirmary Care Surcharge of $316.35 for each Surcharge Day. 20 95 b. Non -Acute Psychiatric Care. For Non -Acute Psychiatric Inmates, the City shall pay a Psychiatric Care Surcharge of $96.99 for each Surcharge Day. c. Acute Psychiatric Care. For Acute Psychiatric Inmates, the City shall pay an Acute Psychiatric Care Surcharge of $254.48 for each Surcharge Day. i. The Acute Psychiatric Surcharge for each Surcharge Day shall be $351.47, ii. The Psychiatric Care Surcharge for each Surcharge Day of $96.99 is added to the Acute Psychiatric Housing surcharge for a total Acute Psychiatric Care Surcharge of S351.47. d. 1:1 Guarding Surcharge. The 1:1 Guarding Surcharge is the charge imposed when the County dedicates an individual officer to guard a City Inmate. The Surcharge shall be $72.94 per guard for each hour or portion thereof, and as further described in Attachment III-1. e. A Surcharge Day is defined as a 24-hour period from midnight to midnight, or any portion thereof, in which an Inmate receives any of the services within the Surcharges listed in subparagraphs (a) — (c) above; provided that with respect to the Infirmary Care Surcharge, Psychiatric Care Surcharge and Acute Psychiatric Surcharge, a maximum of one(]) charge may be imposed within the twenty-four (24)-hour period for a single inmate, and the charge imposed shall be the highest applicable charge. For example, if an inmate is placed in Acute Psychiatric Care, released to the general population, and then again placed in Acute Psychiatric Care all with n the same twenty-four (24)-hour period (midnight to midnight), a single Acute Psychiatric Care Surcharge will be imposed. Similarly, if an Inmate is placed in Acute Psychiatric Care and then in Non -Acute Psychiatric Care within the twenty-four (24)-hour midnight to midnight period, then a single Acute Psychiatric Care charge will be imposed. 4. ❑FFS[TE MEDICAL CARE CHARGES In addition to the Maintenance Charge, the Booking Fee, and the Surcharges detailed above, the City shall be responsible for payment of all Offsite Medical Care Charges incurred by a City Inmate. 5. INFLATORS AND RESETS OF FEES CHARGES, AND SURCHARGES a. Inflators. Effective January 1, 2022, all fees, charges, and surcharges, excluding: (1) Offsite Medical Care Charges and, (2) the Capital Expenditure Charge components of the Maintenance Charge, shall be inflated by the percentage rates described below. Non -Medical Charges: the following fees and charges are subject to an annual inflator of the Seattle -Tacoma -Bremerton CPI-W (covering the I2-month period ending in June) plus 1.5%, but shall in no event be lower than 1.5%.: i. Maintenance Charge ii. Booking Fee iii. Acute Psychiatric Housing Surcharge iv. l:I Guarding Medical Charges: The following fees and charges are subject to an annual inflator of the Seattle - Tacoma -Bremerton CFI-W (covering the twelve (12} month period ending in June) plus three (3) percent, but shall in no event be lower than three (3) percent: 21 96 i. infirmary Care Surcharge ii. Psychiatric Care Surcharge b. Final Fee. Charge and Surcharge Notice for Following Calendar Year. No later than August 15, the County will provide notice to the City of the final fees, charges and surcharges listed in this Subsection 5.a. reflecting the application of the June -June CPI index in the manner prescribed in Subsection 5.a above. 1nllation Re -sets. Notwithstanding the terms of Subsections 5.a and 5.b to the contrary, in the event the Seattle -Tacoma -Bremerton CP1-W (June -June) exceeds eight (8) percent then, as part ofthe August 15, final fee and charge notice, the County will include information demonstrating whether, based on factors affecting the DAJD Budgeted Jail Costs including but not limited to personnel costs, food, utilities and pharmaceuticals, the County's reasonably expected inflation experience for the DAJD Budgeted Jail Costs in the next calendar year (the "Expected Inflation Rate") is less than or greater than said CPI-W (June -June) rate. If the Expected Inflation Rate is lower than the CPI-W (June -June) rate, the County will apply the lower of the two rates to the fees and charges listed in this Subsection 5.c for the following calendar year. 22 97 Attachment 111-1 Summary Description of Medical Cost Model Surcharges and Pass-Thrnugh Charges Surcharge Description 1. 1:1 Guarding Cost to guard an inmate in a I -I situation. Most common occurrence is at hospital or at off site medical appointments. If more than one guard is required, then the rate would be the multiple of guards. 2. Acute Psychiatric Care (two components) — billed by location a. Psychiatric Care Surcharge Costs for .Tail Health Services (JHS) treatment team for services listed below for Psychiatric Care. b. Acute Psychiatric Surcharge Costs for additional officer staffing for: 15-minute checks, assistance with feeding, emergency responses, escorts, and other necessary services to provide for an inmate who poses a potential danger to him or herself. 3. Non -Acute Psychiatric Care (one Component) a. Psychiatric Care Surcharge Costs for J1-IS Psychiatric treatment team for services listed below for Psychiatric Care. 4. lnfirmary Care Costs for JHS Infirmary care, services listed on reverse. Pass -Through Charge Description 5. Off --Site Medical Charges Costs for inmates to receive services from outside medical providers (services not available from JHS). Examples include: $• Hospital care 4#4 Dialysis ❖ Cancer treatment (chemotherapy, radiation) ❖ Specialized transport to medical appointments (wheelchair bound inmates) JHS Psychiatric Care Services Prodded: Criteria: •:• Psychiatric Treatment & Inmates with severe or unstable mental health conditions Management are placed in psychiatric housing units and receive a level ❖ Psychiatric Treatment Team of monitoring and care based on the acuity of their mental Monitoring illness. Inmates in psychiatric housing are evaluated upon ❖ Medication Administration admission and then re-evaluated on a regular basis by a ❖ Mental Health Crisis Counseling multi -disciplinary treatment team. ❖ Psychiatric Therapy Groups 23 98 JHS infirmary Care Services Provided: Criteria: ❖ 24-hour Skilled N ursing Care Inmates who meet diagnostic criteria that require 24-hour ❖ Daily Provider Rounds skilled nursing care are housed in the KCCF Infirmary. •;• Treatment and Management of Examples include but are not limited to; Complex Disease States ••• patients requiring medical ❖ Medication Administration detoxification/withdrawal management ❖ Activities of Daily Living $• Individuals with non -stable medical conditions Assistance such as: need for kidney dialysis, wired jaws, newly ❖ Alcohol Detoxification started on blood thinning medication, - Individuals who are mobility impaired andlor not independent in activities ofdaily living; ❖ Individuals requiring IV therapy or with central lines in place,- •;• Individuals who are acutely ill, post -surgical, who require convalescent care, and those with conditions requiring extensive treatment and frequent monitoring; and ❖ Individuals with severe respiratory problems requiring nebuliaer treatments, oxygen and close observation. Inmates are formally admitted to infirmary carefollowing assessment by aphysician or nurse practitioner and then monitored daily by provider and nursing staff. Discharge from the infirmary occurs either at the time of release j-om jail or as the patient's condition improves and can be safely managed in general population housing. Some individuals remain in infirmary care for the duration of their incarceration. 24 *1 This Page Left Blank Intentionally COUNCIL MEETING DATE: January 19, 2021 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: .TAIL SERVICES CONTRACT—ISSAQUAHCITY MAIL POLICY QUESTION: Should the Federal Way Police Department continue to use the Issaquah City Jail as a contract jail facility and increase the number of guaranteed beds to ten (10)? COMMITTEE: PRHS&PSC MEETING DATE. January 12, 2020 ~ CATEGORY: N Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Kurt Schwan, Professional Standards DEPT: Police Commander Attach ments: 1. Staff Report 2. Jail Services Contract — Issaquah City Jail Options Considered: 1. Approve the proposed agreement and authorize execution of the contract. 2. Do not approve the proposed agreement and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR AVPRQVAL-. % DIRECTOR APPROVAL: W� - 1 12 C wim" co Y Imti sl ale I. �.illpaic fnitiaElDa[e COMMITTEE RECOMMENDATION: 1 move to forward the proposed agreement to the January 19, 2021, Council consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I grove to approve the proposed agreement and authorize the Mayor to sign said agreement. " _ (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) _ COUNCIL ACTION: ❑ APPROVED COUNCIL BILL, # 0 DENIED First reading ❑ TABLEDIDEFERREDINO ACTION Enactment reading ❑ ?I•IOVED TO sECOND READING, (ordinances only) ORDINANCE # REVISED — 12/2017 RESOLUTION # 101 CITY OF FEDERAL WAY MEMORANDUM DATE: January 12, 2021 TO: City Council Members VIA: Jinn Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Jail Services Contract — Issaquah City Jail Financial Impacts: In an attempt to secure additional housing options as we continue to utilize contract jail facilities to manage our jail population, we have been presented with the option to increase guaranteed beds at the Issaquah City Jail. In 2020, we had five (5) guaranteed beds and in 2021 we would increase to ten (10) guaranteed beds at $110 per bed per day. There would be no financial impact to the city, as this cost would be fulfilled by reallocating funds already allotted within the City's Jail Services budget. Background Information: In 2020, we separated from SCORE Jail as an Owner City because the financial burden became unsustainable. In 2009, SCORE was established to serve seven Owner Cities, with a goal of providing consolidated correctional services at a lower total cost to the participating Owner Cities. In the case of Federal Way, there had been a significant jail cost increase in the seven years we had been an Owner City. In 2012, Federal Way's total jail budget was $2,305,280, a 17% M&O obligation (based on 60 ADP). In 2018, the SCORE jail budget swelled to $6,293,163, a 30.23% M&O obligation (80 ADP). The 2018 total jail budget was $6,415,972, which included other jail expenses outside of SCORE. The steady incremental increase for those seven years, totaling 20 more ADP, had increased our SCORE budget by $3,987,883 — this reflected an increase of 173% since the inception of our participation. The SCORE Financial Alternatives Study Subcommittee was created to research financial alternatives for Owner Cities. At that time, no feasible alternative option existed or has been presented for Owner Cities to remedy the unsustainable financial obligation for the City of Federal Way. On September 4, 2018, Federal Way City Council unanimously passed a resolution authorizing the withdrawal from the SCORE Inter -local Agreement. In 2020, as an alternative to SCORE Jail, the FWPD entered into Jail Services contracts with King County 102 Rev. 7/18 Jail, Kent City Jail, Yakima County Jail, Issaquah City rail, and the Puyallup City Jail to manage our jail population. Since the decision to leave SCORE, we have successfully managed our jail population within the allotted budget and ended the year with significant jail budget savings. Having the option to secure additional guaranteed beds at the Issaquah City Jail, at a discounted rate over non - guaranteed rates, assists us in appropriately handling our inmate housing needs while staying within our allotted Jail Services budget. 103 x4�v. 7/1 s INTERAGENCY AGREEMENT BETWEEN THE CITIES OF ISSAQUAH, WASHINGTON AND FEDERAL WAY, WASH INGTON, FOR THE HOUSING OF INMATES IN THE ISSAQUAH CITY JAIL This agreement is between the City of Issaquah, a municipal corporation of the State of Washington (hereinafter "Issaquah") and the City of Federal Way, a municipal corporation of the State of Washington (hereinafter "Federal Way") Recitals Whereas, RCW 39.34 and RCW 70.48, allow local governmental units to make the most efficient use of their powers by enabling them to cooperate and enter into agreements with each other for providing jail services; and Whereas, Federal Way wishes to designate the Issaquah Jail as a place of confinement for incarceration through the use of 10 (ten) guaranteed beds; and Whereas, in an effort to streamline administrative procedures and ensure that the daily rate charge for 10 guaranteed non -gender specific beds to house inmates at Issaquah's jail is consistent with the current operating costs, it is necessary to enter into a standardized interagency agreement; and Whereas, the governing bodies of each of the parties hereto have decided to enter into this Agreement as authorized by RCW 39.34, RCW 70.48 and other Washington law, as may be amended; Now, therefore, in consideration of the above and foregoing recitals, the payments to be made, the mutual promises and covenants herein contained, and for other good and valuable considerations, the parties hereto agree to the terms and conditions set forth herein: 1. GOVERNING LA The parties hereto agree that, except where expressly otherwise provided, the laws and administrative rules and regulations of the State of Washington shall govern in any matter relating to inmate confinement pursuant to this Agreement. 2. EFFECTIVE DATE This Agreement shall be effective when both parties have executed this contract and this document has been listed on Issaquah's website in accordance with RCW 39.34.040. 3. TERMINATION (A) This agreement shall be effective January 1, 2021 through January 1, 2023. Provided, however, that either party may elect to terminate this Agreement by giving written notice of termination to the other party. Said termination shall be effective ninety (90) days from the date of receipt of said written notice. 104 (B) In the event of termination of this Agreement for any reason, Federal Way shall compensate Issaquah for inmates Roused by the Issaquah Jail after Notice of termination until Federal Way retakes its inmates in the same manner and at the same rates as if this Agreement had not been terminated and the provisions of this Agreement, including by way of illustration and not limitation, Indemnity, shall remain in force until such time as all inmates from Federal Way have been retaken. 4. MAILING ADDRESSES All notices, reports, and correspondence to the respective parties of this Agreement shall be mailed to the following: City of Issaquah: Chief of Police Issaquah Police Department 130 E. Sunset Way Issaquah, Washington 98027 Contact: Issaquah Jail Manager City of Federal Way: Chief of Police Federal Way Police Department 33325 8i° Ave South Federal Way, Washington 98003 Contact: Administrative Commander S. COMPENSATION (Ay Guaranteed Bed Rate. Issaquah agrees to accept and house non -gender specific inmates at the daily ten guaranteed bed rate of $110.00 per bed day. The $110.00 per bed per day rate shall be assessed for each day the contract is in effect regardless of occupancy by a Federal Way inmate. (B) Non -Guaranteed Bed Rate. Federal Way may purchase additional beds, as available, at the daily rate of $110.00 per bed day. However, Issaquah shall have the right to refuse to accept custody or house Federal Way inmates in excess of ten minimum bed commitment if Issaquah finds the overall occupancy at capacity. (C) Billing and Payment. Issaquah agrees to provide a monthly invoice for the ten guaranteed beds by the 30th of each following month. Federal Way agrees to make payment to Issaquah within 30 days of receipt of the undisputed portion of such bill for the amount billed for the previous calendar month. Issaquah agrees to provide Federal Way with an itemized bill for 105 inmates housed in addition to the Guaranteed Bed Rate listing all names of inmates who were housed, the number of days housed (including date of booking and date of release), and the dollar amount due for each. (D) Rate Increases. Issaquah may increase guaranteed and non -guaranteed rates tram time -to - time taut no more frequently than once per year, in order to reflect increased costs. Issaquah will give Federal Way at least ninety (90) days advance written notice of the increased rate prior to implementation. 6. AGREEMENT AMENDMENTS (A) Guaranteed beds. Federal Way may cancel the reserved beds, in whole or in part, at any time by providing written notice to the Jail Manager for the City of Issaquah. The notice shall be provided at least ninety (90) days in advance of the effective date of the cancellation. Issaquah may cancel the reserved beds, in whole or in part, at any time by providing written notice to Federal Way at least ninety (90) days in advance of the effective date of the cancellation. (B) Changes in taw or regulations. Any changes in law or regulations governing jail operations impacting this Agreement will be addressed in an amendment to the Agreement. 7. SERVICES PROVIDED Issaquah agrees to provide jail services for gross misdemeanor misdemeanor inmates for those offenses that have been committed by adults within Federal Way'sjurisdiction. 8. RESPONSIBILITY FOR OFFENDER'S CUSTODY It shall be the responsibility of Issaquah to confine the inmate or inmates; to provide treatment, including the furnishing of subsistence and all necessary medical and hospital services and supplies; to provide for inmates' physical needs; to retain there in said custody; to supervise them; to maintain proper discipline and control; to make certain that they receive no special privileges and that the sentence and orders of the committing court in the State are faithfully executed; provided that nothing herein contained shall be construed to require Issaquah, or any of its agents, to provide treatment, facilities or programs for any inmates confined pursuant to this Agreement, which it does not provide for similar inmates not confined pursuant to this agreement. Issaquah shall provide facilities for consultation and communication between inmates and their legal counsel or public defender. It shall also be the responsibility of Issaquah to calculate "good time" accrued in and subsequent release of inmates in accordance with the Issaquah Jail's standard practice and procedures related to inmates housed in the Issaquah Jail. 9. RIGHTTO REFUSAL Issaquah shall have the right to refuse to accept any inmate from Federal Way who, in the judgment of Issaquah, has a current illness or injury which may adversely affect the operations of the Issaquah Jail, has a history of serious medical problems, presents a substantial risk of escape, or presents a substantial risk of injury to other persons or property or themselves. 106 10. HOUSING DECISIONS In order to manage its jail population, Issaquah reserves the right to decide where Federal Way inmate(s) will be housed. In the event that Federal Way inmate is transferred to anotherjail facility. Federal Way's obligation to pay the daily rate to Issaquah? will cease and Federal Way obligation to pay the daily rate to the jail facility will be governed by Federal Way's contract with that other agency operating the jail facility. This section only appfies to those inmates housed at Issaquah Jail under the non -guaranteed bed rate. 11. RETAKING OF INMATES Upon request from Issaquah, Federal Way shall, at its expense, retake any Federal Way inmate within twelve (12) hours after receipt of such request. In the event the confinement of any Federal Way is terminated for any reason, Federal Way, shall, at its expense, retake such inmate from Issaquah. 12. COPY OF ARREST WARRANT OR CITATION AND BAIL SCHEDULE Federal Way law enforcement officers placing Federal Way misdemeanants in the Issaquah Jail shall, in every instance, first furnish an arrest warrant, citation, court order, or judgment and sentence, to the Issaquah Jaif upon booking of an inmate. Federal Way is also responsible for providing Issaquah Jail with a complete Bail schedule no later than January 1 of each year. 13. NON -ASSIGNABILITY Federal Way agrees to not sublet any of their guaranteed beds to any jurisdictions. This Agreement may not be assigned by either party. 14. TRANSPORTATION Federal Way inmates incarcerated in Issaquah pursuant to this Agreement shall be transported to Issaquah by and at the expense of Federal Way and shall be returned, if necessary, to Federal Way by Federal Way personnel and at Federal Way's expense. Issaquah is not responsible for transportation of Federal Way inmates under this agreement and shall be reimbursed by Federal Way for any actual expense incurred in transport of an inmate if, in fact, transportation of an inmate by Issaquah becomes necessary including if the transport was a result of a warrant, or medical appointment. Such transportation shall be calculated based upon the time required for transport at the correction officer overtime rate of $55.00 per hour. 15. RECORDS AND REPORTS Issaquah shall keep all necessary and pertinent records concerning such inmates incarcerated in the Issaquah Jail. During and following an inmate's confinement in Issaquah, Federal Way shall upon request, be entitled to receive and be furnished with copies of any report or record associated with said inmates) incarceration, as may be permitted by law. Issaquah agrees to maintain its jail records related to Federal Way inmates in accordance with the applicable retention schedules, but in no event less than three years after an inmate's incarceration. 107 16. MEDICAL TREATMENT (A) Inmates shall receive medical, psychiatric and dental treatment when emergent and necessary to safeguard Lheir health while hosed In the Issaquah Jail. Issaquah shall provide for routine medical services in the Issaquah Jail. Examples of medical services which may be provided in the Issaquah Jail but which are not routine, and for which Federal Way shall be billed include, but are not limited to, HIV/AIDS treatment, chemotherapy, dialysis treatment, and hemophiliac treatment. Federal Way shall be responsible for any and all medical, dental or mental health costs incurred by or on behalf of an ALAX inmate including but not limited to prescriptions, appliances, supplies, emergency transport associated with the delivery of any emergency and/or medical service provide to Federal Way inmates. (B) If Issaquah becomes aware that a Federal Way inmate requires medical care requiring the assistance of a health-care provider, then Issaquah shall make reasonable efforts to notify Federal Way prior to obtaining said service. If Federal Way is contacted and does not authorize Issaquah to obtain the service, then Federal Way shall within one hour pick up the inmate from the Jail. Provided, in the case of emergency, Issaquah may notify Federal Way after the service has been provided. (C) An adequate record of all such services shall be kept by lssaquah in accordance with HIPPAA regulations for Federal Ways review at its request. Any medical or dental services of major consequence shall be reported to Federal Way as soon as time permits. (D) Federal Way shall be responsible for any and all costs incurred by or on behalf of a Federal Way inmate requiring hospitalization. If necessary, Federal Way shall reimburse Issaquah dollar for dollar any amount expended or cost incurred by Issaquah in providing the same. Upon payment from Federal Way for the inmate's health care expense, lssaquah will assign to Federal Way, if requested by Federal Way, any and all right to reimbursement for medical expenses authorized under RCW 70.48.130. Except in emergencies, Federal Way will be notified by contacting a duty supervisor at the Federal Way Police Department prior to the inmate's transfer to a hospital and nothing herein shall preclude Federal Way from retaking the ill or injured inmate. In the event a Federal Way inmate is taken by emergency to a hospital, Issaquah shall notify Federal Way as soon as possible of transport. Federal Way is responsible for providing security during any time of hospitalization. 17. DISCIPLINE Issaquah shall have physical control over and power to exercise disciplinary authority over all inmates of Federal Way. However, nothing contained herein shall be construed to authorize or permit the imposition of any type of discipline prohibited by the constitution and laws of the State of Washington or the constitution and laws of the United States. 18, REMOVAL FROM THE JAIL An inmate from Federal Way legally confined in lssaquah shall not be removed from there by any person except: (A) When requested by Federal Way Police Department in writing authorizing such release; or (B) Upon court order in those matters in which said court has jurisdiction over such inmate; or (C) For appearance in the court in which a Federal Way inmate is charged; or (D) In compliance with a Writ of Habeas Corpus; or (E) For interviews by Federal Way attorney or member of Federal Way Police Department; or (F) If the inmate has served their sentence, or the charge pending against said inmate has been dismissed, or bail or other recognizance has been posted as required by the courts; or (G) For other scheduled court appearance, including those for which they are not being held; or (H) Upon the execution of the Standards of Release Administrative Order No. 2013-01; or (1) For medical care and court ordered evaluations. 19. LOSS OF USE The parties understand that there may be times when conditions at the Issaquah Jail, such as required maintenance or repairs, may cause some or all of the reserved beds to be temporarily unavailable. Issaquah agrees to provide as much notice as is reasonably practicable if any or all of the reserved beds will be temporarily unavailable and will endeavor to keep any such unavailability to a minimum. The temporary unavailability of such beds shall not be a breach of this agreement or entitle Federal Way to any compensation from the Issaquah. during any period of unavailability, Federal Way will be relieved of the obligation to pay for any unavailable beds. 20. DISPUTE BETWEEN Federal Way AND ISSAQUAH Should a dispute arise as to the application, compensation, enforcement, or interpretation of this Agreement between Federal Way and Issaquah, the parties shall first attempt to resolve such disputes through good faith and reasonable negotiations. However, if a dispute cannot be resolved through direct discussions, the parties agree to endeavor first to settle the dispute in an amicable manner by mediation administered underJAMS Alternative Dispute Resolution service rules or policies before resorting to arbitration. The mediator may be selected by agreement of the parties or through JAMS. Following mediation, or upon mutual written agreement of the parties to waive mediation, any unresolved controversy or claim arising from or relating to this Agreement or breach thereof shall be settled through binding arbitration which shall be conducted underJAMS rules or policies. The arbitrator may be selected by agreement of the parties or through JAMS. All fees and expenses for mediation or arbitration shall be borne by the parties equally, however, each party shall bear the expense of its own counsel, experts, witnesses, and preparation and presentation of evidence. Any mediation or arbitration shall take place within King County and any judgement rendered by the arbitrator shall be enforceable in King County Superior Court. 21. INDEMNIFICATION Issaquah agrees to defend, indemnify and hold Federal Way harmless from any and all claims, lawsuits, or other legal actions and from all costs including reasonable attorney's fees which arise out of any alleged wrongful or negligent act or omission by any officer, agent, or employee of Issaquah occurring subsequent to any claimant's entry into the Issaquah booking room and during any claimant's incarceration in the Issaquah City Jail. In addition, Issaquah shall maintain a policy of liability insurance with limits of not less than $1,000,000, naming the Federal Way as 109 an additional insured thereon, provided, that Federal Way shall accept a certificate from the WCIA certifying that Issaquah is a member in good standing and has contractual indemnity coverage applicable to the requirements of this paragraph in fulfillment of insurance requirements. Federal Way agrees to defend, indemnify and hold Issaquah harmless from any and all claims, lawsuits, or other legal actions and from ail costs including reasonable attorney's fees which arise out of any alleged wrongful arrest, false imprisonment, ar other wrongfuI-or negligent act or omission by any agent, officer or employee of Federal Way. In addition, Federal Way shall maintain a policy of liability insurance with limits of not less than $1,000,000, naming Issaquah as an additional insured thereon, provided, that Issaquah shall accept a certificate from the WCIA certifying that Federal Way is a member in good standing and has contractual indemnity coverage applicable to the requirements of this paragraph in fulfillment of insurance requirements. 22. REQUIRED ELEMENTS In accordance with the requirements of RCW 39.34,030, the following provisions, stipulations and/or waivers are adopted: (A) This Agreement has been approved by the governing bodies of each of the participating agencies. (B) No separate organization or separate legal or administrative entity is created by this Agreement. (C) Each party to this Agreement shall maintain its own separate budget in accordance with the provision of Title 35 and 35A RCW an no joint or cooperative budget shall be undertaken. (D) The terms of this Agreement do not contemplate the acquisition of any property. However, in the event any property is acquired for the performance of this Agreement, upon termination of this Agreement, said property shall be sold and the proceeds shall remain with Issaquah. (E) This Agreement shall be administered by the Chiefs of Police, or their representative, from Issaquah and Federal Way. 23. CONCURRENT ORIGINALS This Agreement may be executed in any number of counterparts, which counterparts shall collectively constitute the entire Agreement. The parties further agree that faxed, PDF, or electronic signatures as defined by the UETA, will have the same legal effect as wet signatures. 24. ENTIRE AGREEMENT The written provisions and terms of this Agreement, together with any attachments, supersede all prior written and verbal agreements and/or statements by any representative of the parties, and those statements shall not be construed as forming a part of or altering in any manner this Agreement. Any prior written and/or oral agreement between the parties pertaining to jail services is terminated and superseded by this Agreement. This Agreement and any attachments contain the entire Agreement between the parties. Should any language in any attachment 110 conflict with any language contained in this Agreement, the terms of this Agreement shall prevail, 25. PREA ACKNOWLEDGEMENT— CUSTODIAL AND SEXUAL MISCONDUCT (A) Compliance - Issaquah agrees to ensure that all of its employees, contractors, vendors, and volunteers that have contact with Federal Way Inmates comply with all federal and state laws regarding sexual misconduct including, but not limited to: a) The Prison Rape Elimination Act of 2003 (PREA) b) The standards for adult Prisons and Jails or Community Confinement Facilities, whichever is applicable, as promulgated by the US Attorney for the Western District of Washington, and c) Zero tolerance toward all forms of sexual abuse and sexual harassment. (B) Monitoring - Issaquah agrees to provide the Federal Way documented compliance with the Federal Prison Rape Elimination Act standards. Monitoring may include, but is not limited to: a] Site visits, b) Access to facility data, and c) Review of applicable documentation. (C) Federal Way may terminate this Agreement a) Should Issaquah fail to provide documentation that demonstrates that the Issaquah Mail is actively and effectively working toward and is making substantive progress toward achieving compliance; or b) Should Issaquah fail to maintain PREA compliance between auditing periods, after being given a reasonable opportunity to cure. (D) Federal Way will terminate this Agreement a] Should Issaquah elect to discontinue pursuit of PREA compliance; b) Should Issaquah be found in noncompliance through a PREA Audit and fail to cure such noncompliance within the identified time -frames; or c) Should Issaquah be found to be in egregious violation of PREA. 25. SEVERABiLITY Should any provision of this Agreement be determined to be unenforceable by a court of law, such provision shall be severed from the remainder of the Agreement, and such action shall not affect the enforceability of the remaining provisions herein. 111 IN WITNESS WHEREOF, the parties below have executed this Agreement, and by doing so, acknowledge that they have read this Agreement, understand its terms, and enter this Agreement in a knowing, intelligent, and voluntary manner. CITY OF ISSAQUAH CITY OF FEDERAL WAY By: By: Jim Ferrell Its: Its: Mayor Date: Date: ATTEST: ATTEST: By: By: Stephanie Courtney Its: Its: CMC, City Clerk Hate: pate: APPROVED AS TO FORM: APPROVED TO AS FORM: By: By: J. Ryan Call Its: Its: City Attorney Date- pate: 112