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PRHSPSC PKT 07-09-2019City of Federal Way City Council Parks, Recreation, Human Services & Public Safety Committee July 9, 2019 City Hall 5:00 p.m. Hylebos Conference Room MEETING AGENDA 1. CALL TO ORDER 2. PUBLIC COMMENT (3 minutes) 3. COMMISSION COMMENTS 4. COMMITTEE BUSINESS Topic Title/ Description A. Approval of June 11, 2019 Minutes B. Monthly Report on PAEC Operations C. Saghalie Soccer Field Synthetic Turf Replacement D. Federal Way Soccer Association Donation for Field Turf Replacement at Saghalie E. Police Department Pilot Internship Program F. Jail Services Contract — Kent City Jail Presenter Page 3 Gressett 7 Ikerd 11 Ikerd 15 Bunk Schwan Action or Info Action Update Action Action 17 Information 21 Action G. 2nd Quarter Public Safety Report Hwang N/A Information H. WA State Department of Corrections Master Agreement Hutton 33 Action — Class V Community Restitution Programs Council Date N/A N/A Consent 7/16/19 Consent 7/16/19 N/A Consent 7/16/19 N/A Consent 7/16/19 Committee Members City staff Jesse Johnson, Chair John Hutton, Parks Director Mark Koppang Mary>aenicke, Administrative Assistant 11 Martin Moore I:\07-09-2019 Agenda.doc 5. EMERGING ISSUES/PENDING ITEMS Topic Title/ Description Presenter Info Time A. Emergency Shelter Guidelines/Criteria Honda Discussion 10 mins. B. Prioritization of Task Force Recommendations Johnson Discussion 30 mins. C. Flag Discussion Moore Discussion 10 mins. D. Cancellation of August Meeting Johnson Information N/A 6. ADJOURNMENT NEXT REGULAR MEETING: September 10, 2019 Committee Members Jesse Johnson, Chair Mark Koppang Martin Moore I:\07-09-2019 Agenda.doc City Staff John Hutton, Parks Director Marylaenicke, Administrative Assistant 11 City of Federal Way City Council PARKS RECREATION HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday June 11, 2019 5:00 p.m. SUMMARY Committee Members in Attendance: Chair Johnson, Committee members Koppang and Moore Council Members in Attendance: Deputy Mayor Honda Staff Members in Attendance: Eric Rhoades, Assistant City Attorney, Deputy Chief Kyle Sumpter, John Hutton, Parks Director, Steve Ikerd, Parks Deputy Director, Sara Bridgeford, Human Services Manager, Autumn Gressett, Community Relations/Contract Administrator, and Mary Jaenicke, Administrative Assistant II. Guests: Brian Hoffman, Spectra, Jason Clark, NW Credible Messengers Program Manager, Derrick Wheeler -Smith, Marcus Stubblefield and Claudia Pineda, King County Zero Youth Detention Chair Johnson called the meeting to order at 5:00pm Commission Comment: None Public Comment: None BUSINESS ITEMS Approval of Minutes Committee member Moore motioned to approve the May 14, 2019 minutes as written. Committee member Koppang seconded. Motion passed. King County Youth Athletic Sports Grant Staff Hutton reported that Recreation Manager Cody Geddes applied for and received a grant from King County in the amount of $250,000. The grant will be applied to the field turf replacement at Saghalie; the turf has exceeded its useful life. The project will be completed in the fall. The Soccer Association is donating $50,000 towards the project. Staff is working out the details and will return to the PRHSPS Committee and Council with an award request. Committee member Moore moved to forward option 1 to the June 18, 2019 consent agenda for approval. Committee member Koppang seconded. Motion passed. Monthly Report on PAEC Operations — Information Only Staff Gressett updated the Committee on events that took place at the PAEC for the month of May. The PAEC was rented / utilized 18 out of 31 days in May. Staff Gressett reviewed the Theater and event space rentals. Brian Hoffman, Spectra General Manager spoke about Recreations Touch -A -Truck event that was held in the PAEC's parking lot. The PAEC opened up their lobby space which brought in approximately 700 people. There was an obstacle course, bounce house and tours of the building were given. The General Manager and staff attended several outside events. The PAEC signage has also been completed. Award Contract to MacDonald Miller for HVAC Controls Upgrade Staff Ikerd reported that the HVAC controls are antiquated and we are no longer able to get upgrades for them. All of the controls and software will be replaced. Staff is recommending using MacDonald Miller; they installed the original HVAC system, are the current contractor and are very familiar with the building. They also have been working very closely with the City's IT Department. The amount of the contract is $49,500. Committee member Koppang moved to forward the contract award to K:\PRHSPS Committee\2019\06-11-2019 (1) Mins.doc PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, June 11, 2019 Summary Page 2 MacDonald Miller Facilities Solutions to the June 18, 2019 consent agenda for approval. Committee member Moore seconded. Motion passed. Pierce Transit Extra Duty Police Services Agreement Deputy Police Chief Sumpter reported that the current agreement will expire in the fall. There is no financial impact to the city; all of the costs are reimbursed. Pierce Transit has agreed to pay an overtime rate of $72.20 per hour for each officer. This agreement allows for a greater amount of Police presence at various Pierce Transit stations. Committee member Koppang moved to forward the Pierce Transit extra duty police services agreement to the June 18, 2019 consent agenda for approval. Committee member Moore seconded. Motion passed. CDBG 2020-2024 Consolidated Plan Staff Bridgeford reviewed the timeline for the 2020-2024 CDBG Consolidated Plan and the 2020 Annual Action Plan. She also discussed the prioritization process for the goals for the 2020-2024 Consolidated Plan. She shared the information that she has received thru a needs assessment survey and other community reach. The city is a part of the King County HOME consortium and participates in HOME funds that focus on housing and homelessness. The city has its own CDBG funds and chooses their own goals for the city. The current goals are exactly what the National objectives are for CDBG. This is due in part because a new requirement in 2015 resulted in the creation of the 2015-2019 Consolidate Plan in a very short time period. The new goals will be more specific to the city. Staff Bridgeford stated that in looking at the city's CDBG usage, an ongoing discussion will be what kind of resources the City has available. The survey results will help form the priorities for CDBG. A special City Council meeting has been scheduled for July 2. COUNCIL DISCUSSION ON EMERGING ISSUES Chair Johnson stated that Staff Vadino announced at a recent City Council meeting that the city is going to be awarded $80,000 to be used for youth violence funding. There will be an RFP process later in the summer to contract it out. He invited staff from King County to discuss what they have been doing regarding zero youth detention; they have been talking with other cities to discuss what local municipalities can do around that county effort. King County Zero Youth Detention — Discussion Only Derrick Wheeler -Smith, Marcus Stubblefield and Claudia Pineda provided an overview of the King County Zero Youth Detention Program. The purpose of the program is to reduce the use of secure detention for youth and to eventually eliminate it. Some of the components of the program include improving community safety, helping young people excel and keep them from entering the juvenile legal system. The Road Map to Zero Youth Detention has five objectives. 1) Lead with racial equity, 2) Prevent youth from entering the juvenile legal system by focusing upstream and on systems to have the greatest impact, 3) Divert youth from further law enforcement, formal legal processes, and secure detention into community based options, 4) Support youth and families to reduce recurrence of legal system involvement and increase healthy outcomes, 5) Align and optimize connections between systems to increase effectiveness. The committee held a long discussion with staff from King County regarding the program. King County staff asked the committee to invite them back to a future meeting to discuss strategy level, and how the city can support this work. $80,000 Youth Violence Funding — Discussion Only Chair Johnson stated that he invited Jason Clark, from the Credible Messengers program to answer questions regarding the $80,000 that has been awarded to the city. Chair Johnson added that the intent of this funding is to find an organization or a person to research youth violence prevention in Federal Way. Mr. Clark spoke about the work he is doing in regards to justice reform and youth development strategies. When there was a spike in juvenile homicides in the summer of 2016, Mr. Clark was tasked PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, June 11, 2019 Summary Page 3 through the Racial Equity and Action Planning team for the County to bring together a Government response that was community based and driven and this turned into the Federal Way Youth Action Team (FWYAT). The funding strategies that went into this initially was from the work that he had done on advocacy, building specific programming and bringing people together to implement a strategy that would be effective for all of the young people across Federal Way. This led to the development of Credible Messengers which is focused on leadership development, system partnership, community capacity building and public safety. Emergency Shelter Guidelines / Criteria — Discussion Only Deputy Mayor Honda reported that she has spoken with FUSION and the family shelter will not be opened until late spring of 2020; it was originally planned to open in January / February. Staff Bridgeford stated that Mary's Place which was approved by City Council is available and will be paid out of the General Fund and a Human Services grant. Deputy Mayor Honda would like to know how many Federal Way Families have been turned away from Mary's Place this year. Deputy Mayor Honda would like a plan in place to address the needs of homeless families so they know they have a place to go. Staff Bridgeford clarified the different types of shelters: Severe weather - extremely cold and below 32 degrees for an extended period of time, Cold weather, which is what Reach Out operates on is opened October thru March, then there is the regular emergency shelter which tends to be more of a drop-in facility. Most family shelters have an intake process, this process can be quick, but it's not necessarily a true emergency shelter. The FUSION shelter will be a year round shelter. A few of the churches will have a severe weather shelter; they will not operate like Reach Out. NEXT REGULAR MEETING July 9, 2019 ADJOURNMENT Meeting adjourned at 7:21p.m. 5 This Page Left Blank Intentionally ..........................................................................................................................................I.... COUNCIL MEETING DATE: N/A ITEM #: N/A CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: MONTHLY REPORT ON PAEC OPERATIONS POLICY QUESTION: N/A COMMITTEE: PRHSPS CATEGORY: ❑ Consent ❑ Ordinance ❑ City Council Business ❑ Resolution STAFF REPORT BY: Autumn Gressett ....... _ ............. Attachments: PAEC Monthly Status Update Options Considered: N/A MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: Comkitte6 Jr " Council Initial/Date Initial/Date COMMITTEE RECOMMENDATION: N/A MEETING DATE: 7/09/2019 ❑ Public Hearing ® Other — Information Onlv DEPT: Parks/PAEC DIRECTOR APPROVAL:.11 <f Im ialMate Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: N/A (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # 7 Performing Arts and Event Center Monthly Report—June 2019 Presented at Parks, Recreation, Human Services & Public Safety Committee July 9th, 2019 5:00 pm • Days facility rented/utilized ■ 13 of 30 days, • Theater Rentals/PAEC Presents Held in June ■ June 2nd — FW Youth Symphny 196 Tickets ■ June 6th - FW School District Graduation 700attendees ■ June 8th — Bel Canto — 717 attendees ■ June 15th —Asia Pacific Cultural Center ■ June 21St—Super Diamond ■ June 29th — FW Chorale Retirement Concert • Event Space Rentals Held in June ■ June 1— MSC Crab Feed ■ June 7 —Steve Mitchell Private rental ■ June 12 — Academy Mortgage Seminars ■ June 18 — Multi Service Center — Board Meeting, Patron Lounge ■ June 19-20, Multi -Care Regional Meetings ■ June 29 — King County Scholarship Breakfast • June 29 — FW Chorale Retirement Dinner/Reception Presenter: Autumn Gressett • May 31St — PAEC Signage Unveiling Ceremony • GM — attended monthly Chamber Luncheon • GM attended weekly PAEC Foundation Gala Committee Meetings • GM attended monthly PAEC Foundation Board Meeting • GM attended monthly LTAC meeting • GM met with Arts Commission, commissioners • Spectra Bi -Weekly booking calls • Box Office Manager and Director Sales & Marketing attended Spectra Box Office and Marketing conference in Grand Forks ND • Regional Vice President in town for 2 days, met with GM as well as Contract Administrator Autumn Gressett and John Hutton. C Performing Arts and Event Center Monthly Report—June 2019 June Marketing Data: Website Metrics Unique Pageviews 5,939 Total Pageviews 7,557 Email Statistics Messages Sent 23,867 Open Rate 17.93% Click Rate 6.90% Social Media (Facebook/Instagram) Facebook Follower's 2,666 Facebook Reach 21,701 Instagram Follower's 104 Instagram Reach 575 Radio KISW 99.9 KIXI 880 KSWD 94.1 TV KCTS 9 Print Showcase Media South Sound Digital KCTS 9 South Sound E Presenter: Autumn Gressett This Page Left Blank Intentionally 10 COUNCIL MEETING DATE: July 16, 2019 ITEM #: .................................................................................................................................................................................................................................................................................................................................................................................................._................. . CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SAGHALIE SOCCER FIELD SYNTHETIC TURF REPLACEMENT POLICY QUESTION: Should the City enter into an agreement with FieldTurf ® Corporation to replace the synthetic turf and install an e -layer cushion pad under the Saghalie soccer field? COMMITTEE: PRHSPS Committee MEETING DATE: July 9, 2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing F- Citv Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephen Ikerd Deputy Director DEPT: Parks .......................................................................................................................................................... Attachments: Saghalie synthetic turf replacement memo Options Considered: 1. Authorize the Mayor to sign an agreement with FieldTurf to replace synthetic turf and install an a -layer cushion pad under the Saghalie soccer field, for a total not to exceed $783,914.57 (Total includes; project cost, 10% contingency and tax) 2. Do not approve an agreement with FieldTurf for the Saghalie synthetic turf replacement and give staff direction. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: 71 DIRECTOR APPROVAL: W r Af Com tte Council 7 f ///�/ Committee COMMITTEE RECOMMENDATION: "I move to forward option 1 to the July 16, 2019 consent agenda for approval". Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to authorize the Mayor to sign an agreement with FieldTurffor the replacement of synthetic turf and install an e -layer cushion pad under the Saghalie soccer field, for a total not to exceed $783,914.57" -- (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # 11 CITY OF ,,::A Federal Way Parks and Facilities Division Date: July 27, 2019 To: PRHSPS Council Committee Via: Mayor Jim Ferrell John Hutton, Parks Director From: Stephen Ikerd, Deputy Parks Director Subject: Saghalie synthetic turf replacement Financial Impacts: The City of Federal Way has sufficient CIP reserve funds, in addition to a $250,000 KC youth athletic grant and a FW soccer association donation of $50,000 to cover the replacement cost of synthetic turf at Saghalie Park. Background: The synthetic turf installed 2008 on the Saghalie soccer field has reached its useful life and is in need of replacement this year. Staff researched synthetic turf products currently on the market to replace the soccer field carpet and recommend using FieldTurf — 2" "Core" turf along with installing what the industry calls an a -layer cushion pad under it for longer safety cushioning capacity and to help with overall durability. None of our fields have this added cushion pad feature so this is a safety upgrade that will last for many turf replacements well into the future. Most synthetic turf comes with an 8 year warranty but the "Core" model comes with a 10 year warranty. Historically we have been able to get a couple extra years past a warranty. In the past we use a cooperative purchasing group that works with government agencies that pre -bids different products to insure a set discounted price is available to the end user. FieldTurf is on the list of several purchasing co-operatives and has given us the best price through Keystone Purchasing Network (KPN) of which the City is a member. Project scope: Remove and dispose old synthetic turf, check subgrade and drainage and make repairs as needed. Install an a -layer cushion pad, install 2" "Core" synthetic turf using a more secure stitching method vs glue only by other companies, install infill materials into the turf fibers, install associated lines and g -max test the entire field to insure proper safety standards meet or exceed national requirements. Price includes; 10% contingency, KPN discounts, performance and payment bonds, and WSST tax. Project cost: FieldTurf estimate; $712,649.91 including tax. Adding 10% contingency increases the total request not to exceed to $783,914.57. Unforeseen cost could come from drainage repairs if a need is found after removing the old turf, otherwise prices are set per estimate. Funding Source: $250,000.00 — King County Youth Sports Grant 50,000.00 — Federal Way Soccer Association donation. $483.914.57 — City has $600,000 in reserve CIP funds. This amount includes contingency. $783,914.57 — Grand total not to exceed 12 Note: Federal Way School District through an Interlocal Joint Use 'Agreement is responsible for half of the replacement cost. The highest potential contingency amount is $483,914.57 shown above on the City line. The full range of half of the cost is $206,324.95 — 241,957.28 depending on whether any contingency is needed for unforeseen cost? District has indicated they are in a budget crisis for at least 2 more years and on a different budget cycle than the City and don't know if they can commit any funds until the end of July 2019. Parks suggested if they cannot come up with sufficient funds this year that a possible alternate to consider may be to commit to fully replace Sacajawea synthetic turf in a few years when it is due for replacement. District intends to let us know by the end of July 2019 whether they can eventually participate in the Saghalie cost or look ahead to Sacajawea soccer field full replacement cost? The Saghalie soccer field is failing and needs to be replaced, so while we have a KC Grant, a FW Soccer Association donation and sufficient Parks CIP reserves funds for this purpose, staff recommends proceeding with this replacement now. Request: Staff requests that Council approves the awarding of a PO to FieldTurf Corporation to replace the synthetic turf on the Saghalie soccer field in an amount not to exceed $783,914.57. 13 This Page Left Blank Intentionally 14 I I SUBJECT: FEDERAL WAY SOCCER ASSOCIATION DONATION POLICY QUESTION: Should the City of Federal Way accept a $50,000 donation from the Federal Way Soccer Association for use on the Saghalie soccer field turf replacement? COMMITTEE: Parks, Recreation, Human Services & Public Safety MEETING DATE: July 9, 2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephen Ikerd, Deputy Director DEPT: Parks .......................................................................................................... ...................... ............................................................................................................................................................................ Attachment: Federal Way Soccer Association donation letter. Background: Staff applied_ for a KC Athletic Sports Grant and in June Council accepted the grant award of $250,000 to be applied to the replacement of the synthetic turf at Saghalie Park. Federal Way Soccer Association also committed to donate $50,000 to be used for the replacement of this failing synthetic turf on the soccer field. Options Considered: Option 1 - Accept a donation of $50,000 from the Federal Way Soccer Association for the Saghalie synthetic turf replacement. Option 2 - Do not accept a donation of $50,000 for turf replacement and provide staff direction. .................. ........... ... ............_............................... ................................... .............................. ............ _....... .... ........... _.................. _................... -............. ................................................. ............ ... ..................... .................................... ............................ ........................................ MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: V-, 7 Initial/Date t/ initial/Date '7 DIRECTOR APPROVAL: %O/e y Initial/Date COMMITTEE RECOMMENDATION: I move to forward option I to the July 16, 2019 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of accepting a Federal Way Soccer Association's donation in the amount of $50, 000. 00. (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ' ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 12/2017 RESOLUTION # 15 Stephen Ikerd Parks Deputy Director 33325 8th Ave S. Federal Way; WA 98003 Mr. Ikerd, I am writing you to formalize Federal Way Soccer Associations commitment to the Saghalie Soccer Field Turf resurfacing. FWSA has a long history of serving the community by providing soccer opportunities to the youth of Federal Way. We appreciate the partnership and cooperation with the City of Federal Way, the Mayor' Office, Parks Department, Parks Commission, City Maintenance staff and City Council. Over the years this partnership has allowed our organization to impact thousands of young lives with the opportunity to participate in the game of soccer. We would like to plead a contribution of $50,000 for this project from our organization. If you have any questions, please do not hesitate to contact me or George Pfeiffer. Respectfully Submitted, NBatty signed by Joshua Cheatham DN: C*US, E6c.r C-aJ.O,,a.cheatham@,rteet.com, OU=$'fWe Construction, CN=Joshua Cheatham - -- DOW, 2019.08.27 18:28:44-07'00' Joshua A. Cheatham President Federal Way Soccer Association joshua.cheatham@rocketmail.com 206-261-6863 PO BOX 27281 Federal Way, WA 98093 17 SUBJECT: POLICE DEPARTMENT PILOT INTERNSHIP PROGRAM POLICY QUESTION: N/A COMMITTEE: PRHS&PSC MEETING DATE: July. 9, 2019 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® Other — Information F-1CityCouncil Business ❑ Resolution Only STAFF REPORT BY: Lt. Raymond Bunk Professional Standards DEPT: Police .............................................'....................................................._....................................................................................................................................................................................................................................................................................................._.........................I............... Attachments: 1. PRHS&PSC Staff Memo Options Considered: 1. N/A 2. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: N/A BELOW TO BE COMPLETED BY CITY CLERKS OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 1/2015 RESOLUTION # 17 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: July 9, 2019 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Police Department Pilot Internship Program Financial Impacts: There is no financial impact to the City. Internship is on a volunteer type basis. Background Information: The Federal Way Police Department (FWPD) has created a Pilot Internship Program focusing on local college and high school level students who are interested in law enforcement. The goal of the program is to expose high school (16 years and older) and college level students to the daily operations of our organization and provide them with community and professional based learning opportunities through exposure to new and challenging Criminal Justice settings. The internship program is designed to offer practical interface with criminal justice professionals in order to observe the application of theoretical concepts, implementation of justice related polices, and the functionality of the law enforcement profession. The purpose of this program is to assist in future recruiting efforts and building relationships and trust between officers and the public we serve. This program will be a structured off -campus experience in a supervised setting relating to the major/minor and career interests of students pursuing the program. At least initially, the program will involve no more than four (4) students, as not to become a burden on any department or person within our organization. It is believed exposing these students to the FWPD will assist in recruiting local entry level police applicants and create a stronger bond with local residents. Internship Eligibility and Placement Requirements Students applying for the FWPD Internship must be personally and psychologically equipped, as well as academically prepared for the internship experience. As an intern, they will be representing their school as well as the FWPD and therefore must have a strong personal character consisting of maturity, integrity, and high ethical standards. Students will be denied acceptance or removed from the program if, based on a supervisor's professional judgement, the student has questionable character or has exhibited behavior that indicates erratic, unpredictable, or unsuitable conduct. These issues will include, but not be limited to, known integrity 18 violations, frequent tardiness, psychological instability and/or erratic behavior, deceitful behavior, known alcohol and drug abuse problems, known criminal history, or poor academic performance. Since the student will likely be exposed to sensitive information, a background investigation will be required as a precondition of selection. Background investigations will check for prior arrests and convictions, abuse of illegal drugs, and DUI convictions, in the same manner as other volunteers and those in the FWPD Explorer program. Students with a criminal record will be prohibited from participating in the internship program. At no time will the students be placed in high risk situations or tasked with carrying a gun, making arrests, or participating in any other dangerous activities. For participants under the age of 18, permission from parents and/or legal guardians will be required prior to being accepted into the program. This will be completed by having the parents and the student sign a Waiver of Liability Form, which agrees to indemnify and hold harmless the City of Federal Way. This form also explains a background investigation will be required as a condition of acceptance. Structure Students will have several topics, totaling at least 40 hours, they will be required to complete in order to receive a participation certificate. Although the proposed requirements may change, the following is an example of a schedule that will allow students to experience several aspects of our department. These areas will consist of CIS (4 hrs.), Valley Communications (8 hrs.), Community Outreach/SOU (8 hrs.), quartermaster (4 hrs.), and ride-alongs (8 hrs.). Participants will also be required to go through program introduction briefing and a mock hiring process (pre and post program), which will assist them when they decide to test (8 hrs.). Most dates will be agreed upon, but the Valley Communications and ride -along hours can be more flexible. For high school students, there hours will count towards graduation requirements. Students will all be held to our highest standards and their progression will be monitored. Attendance expectations, standards of dress, integrity, and professional conduct will be addressed prior to and throughout the program, when needed. These requirements will be included in a signed agreement between the department and the student. Students will be instructed that disclosing privileged information relating to any case or other matter handled at the FWPD, about any client, person involved, or staff person for that agency, to any unauthorized person either verbally or in writing would constitute a violation of confidentiality statues. Therefore, students will be instructed they cannot discuss specific case information, client/person involved identification data, or anything else that would compromise the agency's professional reputation or reducibility in any way. Violations of the confidentiality requirement would result in the removal from the program. 2 19 This Page Left Blank Intentionally 20 SUBJECT: JAIL SERVICES CONTRACT —KENT CITY JAIL POLICY QUESTION: Should the Federal Way Police Department enter into a contract with the Kent City Jail for jail services at the cost of approximately $350,000 annually? COMMITTEE: Parks, Recreation, Human Services, and Public Safety MEETING DATE: July 9, 2019 Council Committee — (PRHS&PSC) CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Kurt Schwan, Professional Standards Commander DEPT: Police ....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Attachments: 1. Staff Report 2. Kent City Jail Contract Options Considered: 1. Approve the execution of this contract 2. Do nota prove this amendment ..... P ....... .................................................................................................._ MAYOR'S RECOMMENDATION: 1. Approve the execution of this contract 00 MAYOR APPROVAL: 7jer.,tib jC C (91261tij DIRECTOR APPROVAL: VA -61-1.1 Comms tee Council w Initial/ ate Initial/Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward the Jail Services Contract with the Kent City Jail to the July 16, 2019, Council consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Jail Services Contract with the Kent City Jail and authorize the Mayor to sign said agreement". (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ NIOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/2017 RESOLUTION # 21 CITY OF FEDERAL WAY MEMORANDUM DATE: July 9, 2019 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Jail Services Contract — Kent City Jail Financial Impacts: By withdrawing from SCORE and utilizing other jail facilities, the projected annual jail services expenditures would be $4,330,300. This would be an annual savings over SCORE/KC Jail contracts of $2,085,672. The Kent City Jail is one of the jail services providers to be utilized in order achieve the above stated savings. The projected annual cost to utilize the Kent City Jail would be $350,000. Background Information: In 2009, SCORE was established to serve the 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 has been a significant jail cost increase in the seven years we have been an Owner City, creating a financial burden that is unsustainable. 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 is $6,415,972, which includes other jail expenses outside of SCORE.) The steady incremental increase for the past seven years, totaling 20 more ADP, has increased our SCORE budget by $3,987,883 —this reflects 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 this time, no feasible alternative option exists or has been presented for Owner Cities to remedy the unsustainable financial obligation for the City of Federal Way. The following are all of the projected annual on-going jail services expenditures utilizing jail facilities other than SCORE; 22 Rev. 7/18 Average Daily Maintenance (+ booking fees) at 70 ADP $2,395,300 SCORE debt service $935,000 Infirmary / Mental Health Detention $275,000 Medical $150,000 Work Release/EHM/Probation $100,000 Four (4) FTEs (salary & benefits) $460,000 M&O for jail transport vehicle $15,000 Total annual projected Jail Operations Expenditure $4,330,300 Current 2018 SCORE/KC jail budget $6,415,972 Annual savings over current SCORE/KC Jail contracts $2,085,672 On September 4, 2018, Federal Way City Council unanimously passed a resolution authorizing the withdrawal from the SCORE Inter -local Agreement. The Kent City Jail has been identified as one of the jail services providers to be utilized in order to achieve the above stated savings. The projected annual cost to utilize the Kent City Jail would be $350,000. 23 Rev. 7/18 INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND THE CITY OF KENT FOR JAIL SERVICES THIS AGREEMENT is entered into by and between the City of Federal Way ("Federal Way"), a municipal corporation in the State of Washington and the City of Kent ("Kent"), a municipal corporation in the state of Washington, collectively the ("Parties"). WHEREAS, this Agreement is made under the authority of the Interlocal Cooperation Act, Ch. 39.34 RCW; and WHEREAS, pursuant to state law, Federal Way is responsible for the incarceration of suspects and defendants held pending resolution of misdemeanor cases and upon conviction for misdemeanor crimes committed in Federal Way ("Federal Way Inmates"); and WHEREAS, Federal Way does not own a facility suitable for incarcerating Federal Way Inmates; and WHEREAS, Kent, which is located in King County, operates a municipal corrections facility known as the Kent Corrections Facility ("KCF"); and WHEREAS, Kent is willing to provide for the housing of Federal Way Inmates pursuant to this Agreement; and WHERAS, the Federal Way Municipal Court has reviewed sections of this agreement that impose duties upon the court; NOW, THEREFORE, in consideration of the terms and conditions set forth below, it is mutually agreed by and between Federal Way and Kent as follows: 1. PURPOSE OF AGREEMENT. The purpose of this Agreement is to provide for the incarceration of Federal Way Inmates at the KCF; to establish the services that Kent will provide pursuant to the incarceration of Federal Way Inmates as well as the responsibilities of Federal Way; and to set forth the fees to be paid by Federal Way for such services. 2. JAIL SERVICES PROVIDED. The KCF shall provide the jail services to Federal Way as provided in this Agreement. 2.1 Federal Way Inmate — Defined. A Federal Way Inmate is defined as a person 18 years of age or older who is arrested for, charged with, or convicted of a misdemeanor offense committed in the city limits of Federal Way or who has an active Federal Way warrant, and who is booked into or otherwise entered into the KCF. Prior to booking a female inmate, Federal Way will contact the KCF to ensure there is adequate available space for female inmates. In the event a person is booked into the KCF and the person has a Federal Way warrant, that person shall be considered a Federal Way Inmate regardless of which agency books the inmate, and Jail Interlocal Agreement between City of Kent and Federal Way Page 1 of 9 24 regardless of whether the inmate has a warrant from any other agency. Such inmate shall remain a Federal Way Inmate until the warrant is quashed by a court or the defendant is released or removed from custody on the charge. In the event an inmate has both a Kent warrant and a Federal Way warrant, Federal Way shall not be responsible for the booking fee. 2.2 Guaranteed Space. The KCF shall provide Federal Way with space for five Federal Way Inmates for each day that this Agreement is effective. These five spaces shall be referred to as "Guaranteed Space." This Guaranteed Space shall be reserved only for Federal Way Inmates as that term is defined in this Agreement. Federal Way shall pay for the Guaranteed Space whether or not the Guaranteed Space is occupied by Federal Way Inmates. Guaranteed Space shall include bed space on the hard -side of the jail, or participation in KCF programs (as described in Section 2.6) other than electronic home detention ("EHD"). 2.3 Additional Space. The KCF may have additional jail space, beyond the reserved Guaranteed Space, available depending on its jail population, which fluctuates on an hourly basis. Jail space made available beyond the Guaranteed Space shall be referred to as "Additional Space." In the event Federal Way brings a Federal Way Inmate to the KCF for processing when the Guaranteed Space is occupied, it will be presumed that Federal Way is requesting Additional Space, and Additional Space will be made available at the discretion of the KCF. In the event Additional Space is made available, the Additional Space shall be paid for at the rate provided for in Section 3.2 of this Agreement. In the event Additional Space is not available, Federal Way shall be solely responsible for making other arrangements for the incarceration of the Federal Way Inmate. Additional Space shall be considered occupied if a Federal Way Inmate occupies bed space on the hard -side of the jail, or participates in KCF programs other than EHD. Federal Way shall endeavor to notify the KCF when it intends to engage in law enforcement action that will likely result in a mass booking (i.e. the booking of three or more people) and the need for more than normal Additional Space. 2.4 Notification of Number of Inmates. KCF shall provide Federal Way, via facsimile or other electronic transmission sent Monday through Friday, excluding holidays, with a list of Federal Way inmates. This list shall include a list of all Federal Way inmates booked and/or released for the 24-hour period. 2.5 Terms. Conditions and Policies. Except as otherwise provided in this Agreement, Federal Way Inmates shall be subject to the same terms and conditions of confinement as Kent inmates, shall be subject to the same policies and procedures applicable to Kent inmates, and shall be provided the same services as Kent inmates. By way of example and not by way of limitation, this shall include policies and procedures regarding good time credit, the disciplinary process, the standards of release, and medical temporary releases. 2.6 Programs — Incarceration Alternatives. Subject to KCF policies and procedures, Federal Way Inmates may have the same opportunities as Kent inmates to participate in alternative programs such as but not limited to EHD, work release, and work crew. With the exception of EHD, a Federal Way Inmate participating in a program shall count as a Federal Way Inmate occupying Guaranteed Space, or if there are more than five Federal Way Inmates, Jail Interlocal Agreement between City of Kent and Federal Way Page 2 of 9 25 Additional Space. The KCF may charge Federal Way Inmates a fee to participate in certain programs, such as EHD or work release, consistent with the rates charged to Kent inmates. 2.7 Medical Program. Federal Way Inmates shall receive the same type and level of medical care, and medications under the same circumstances, as Kent inmates. Medical care and medications that are provided at the KCF by Occupational Health Services ("OHS") staff on contract with the KCF shall be included in the rates charged for Guaranteed Space and Additional Space; provided, that in the event it is determined that an inmate is in need of medication that exceeds a cost of $1,000.00 per month to provide, the KCF shall place Federal Way on notice of the need, and after 72 -hours of receiving such notice, Federal Way shall be responsible for covering the costs of the medications that accrue after the 72 -hour notice period. 2.7.1 Medical Care Outside of KCF — Federal Way Responsible. Any medical care deemed, at the discretion of KCF or OHS staff, necessary for the proper care of a Federal Way Inmate, but which is provided to a Federal Way Inmate at a location other than KCF, or by medical staff other than OHS staff on contract with KCF, shall be an additional cost to Federal Way, and Federal Way shall be responsible for payment of such medical care costs. Federal Way shall also be responsible for any costs of transport of inmates by way of ambulance service to an outside medical facility. Invoices from outside medical providers or ambulance service providers shall be forwarded to Federal Way for payment by Federal Way directly to the provider. KCF will, upon request, assist Federal Way in the effort to reduce medical costs billed by outside providers. 2.7.2 Medical Temporary Release. Federal Way acknowledges that some Federal Way Inmates may have extraordinary medical care needs, and that the KCF, as a municipal facility, is not in the best position to provide medical care for these Federal Way Inmates. As a condition of this Agreement, the Federal Way Municipal Court shall be required to adopt the standards of release relating to medical temporary releases adopted by the Kent Municipal Court as now adopted or later amended. In the event KCF staff determines that a Federal Way Inmate's medical needs should be addressed by a facility other than the KCF, KCF staff may issue a medical temporary release that is consistent with the standards of release for the KCF as approved and adopted by the Federal Way Municipal Court, and shall provide for a follow-up court date. In addition, Federal Way shall have the authority to issue a medical temporary release. 2.7.3 Booking of Ill or Injured Inmates or Inmates in Mental Crisis. It is recognized that the KCF provides medical services to inmates treatable on site, and that significant medical needs are treated off-site. Federal Way shall not book into the KCF Federal Way Inmates with medical emergencies or major medical needs, including inmates in severe mental health crisis. 2.7.4 KCF Medical Transportation and Medical Supervision Costs. Reimbursement for all actual costs incurred by Kent when transporting Federal Way Inmates to medical facilities and for supervising Federal Way Inmates during medical appointments or procedures (for example, inmates who are at a high risk of reoffending and ineligible for a medical temporary release pursuant to the adopted standards of release) are Federal Way's sole Jail Interlocal Agreement between City of Kent and Federal Way Page 3 of 9 26 responsibility and shall not be included in the payment for Guaranteed Space. At each billing cycle, Kent will invoice Federal Way for the cost of any Federal Way inmate medical transportation costs, including supervision costs, incurred during a billing period. The costs shall be charged at a rate of $50 per hour. Time shall be charged in 15 minute increments rounded to the nearest increment. [Example: An inmate is transported to a medical procedure, is supervised during the procedure, and is then transported back to the KCF. The officer spends two hours and 18 minutes performing this task. Federal Way would be billed $112.50 for the task]. This cost will be charged whether a KCF officer or Kent police officer performs the transport and supervision. 2.8 Transporting Federal Way Inmates to Court or Other Jail facilities. Federal Way shall arrange for the transport of Federal Way Inmates to all court appearances. Kent shall not be responsible for transporting Federal Way Inmates to court. Transportation for court services shall be the sole responsibility of Federal Way. Federal Way may contract with other agencies for jail services. Federal Way and Kent shall establish an operational policy regarding the transport of Federal Way Inmates from or to the KCF and from or to other correctional facilities. The operational policies shall establish a regular and efficient schedule for the transportation of Federal Way Inmates to reduce the frequency of transports. The operational policy shall also aim to avoid the transport of pretrial detainees from the KCF to a jail facility in eastern Washington in the event a court date that will result in the return of the Federal Way Inmate to the KCF is pending. 2.9 Video Court Services. KCF may make available the KCF library and video link between the KCF and the Federal Way Municipal Court in order to facilitate video hearings by the Federal Way Court for Federal Way Inmates incarcerated at the KCF. The scheduling of video link usage shall be mutually agreed upon by Kent and Federal Way; provided, the Kent Municipal Court shall have priority when establishing a time for video hearings. 2.10 Confidential Meeting Space for Federal Way Inmates and Defense Counsel. KCF shall make space available for Federal Way Inmates to meet confidentially with defense counsel in order to provide inmates with the effective assistance of counsel. 2.11 Release of Federal Way Inmates. KCF shall release, Federal Way Inmates pursuant to a signed order from the Federal Way Municipal Court judge, commissioner or pro tem. KCF shall accept the Federal Way Judge's orders sent via facsimile or other form of electronic transmission to the KCF. Federal Way Inmates shall be released to a Federal Way police or transport officer at a prescheduled time as agreed to by the Parties, and the Federal Way police or transport officer shall release Federal Way inmates within the city limits of Federal Way. Federal Way inmates shall not be released by Federal Way within the city limits of Kent unless the inmate is a resident of Kent. In the event an inmate is released on the weekend, or as a result of an emergency that results in the unavailability of a Federal Way police or transport officer, inmates may be transported by a Kent police officer to Federal Way or provided with a bus voucher; provided, Jail Interlocal Agreement between City of Kent and Federal Way Page 4 of 9 27 Federal Way shall be responsible for the actual costs of the Kent police transport or bus voucher which shall be invoiced in accordance with this Agreement. As a condition of this Agreement, the Federal Way Municipal Court shall adopt standards of release applicable to Federal Way Inmates that are to be followed by KCF staff. The standards of release adopted by the Federal Way Municipal Court shall be the same as the standards of release adopted by the Kent Municipal Court. 2.12 Use of Electronic Home Monitoring Contractor for Federal Way Defendants not Incarcerated in the KCF Permitted. Nothing in this Agreement shall be interpreted to limit the authority of a Federal Way judge from ordering or permitting a Federal Way defendant that is not in the custody or control of KCF to use a provider of electronic home detention services other than the service provided by the KCF as a condition of a sentence or pre-trial release. However, if a Federal Way inmate is sentenced to a term of confinement in the KCF, that inmate shall be considered a Federal Way Inmate and shall be subject to the rules, policies and procedures of the KCF. KCF, at its sole discretion and subject to the policies and procedures of the KCF, will determine whether an inmate will serve his or her time on the KCF's EHD program. The Federal Way judge shall not have the authority to designate a particular EHD program for any Federal Way inmate once the Federal Way inmate is in the custody or control of the KCF. 3. FEES. In consideration of the services enumerated in this Agreement, the Parties agree to the fees and charges below. In order to provide clarity to the Parties, Exhibit A has been attached to describe the below application of inmate fees for Guaranteed Space and Additional Space. 3.1 Guaranteed Space — Fee. Federal Way shall pay for Guaranteed Space, as that phrase is described elsewhere in this Agreement, at a rate of $750.00 per day ($273,750.00 per year). This fixed fee for guaranteed space shall be paid regardless of whether the Guaranteed Space is occupied or not. 3.2 Additional Space - Fee. The daily rate for Additional Space for each additional Federal Way Inmate who occupies the KCF over and above the Guaranteed Space shall be $20.00 per day for inmates on EHD, and $180.00 per day for occupied beds or participation in programs other than EHD. A full day shall be charged for any Federal Way Inmate who occupies Additional Space for any period of a day. For example, and not by limitation, a Federal Way Inmate who is occupying Additional Space and is booked into the KCF on Monday at 9:00 p.m., and released the following Tuesday at 1:00 pm shall be deemed to have spent two days in the KCF, and the cost of the daily rate shall be 2 x $180.00, for a total of $360.00. 3.3 Booking - Fee. Except as provided for in Section 2.1, Kent shall invoice Federal Way for booking fees in the amount of $35.00 per booking. For the purposes of this section, "booking" shall mean each instance in which a Federal Way Inmate is booked into the jail after a period in which he or she was not subject to confinement at the KCF or participating in a KCF jail program including KCF operated EHD. Federal Way Inmates who are transported for a Jail Interlocal Agreement between City of Kent and Federal Way Page 5 of 9 court hearing and then transported back to the KCF at the conclusion of the hearing will not be considered booked when readmitted to the KCF. Inmates who return to the KCF on their own free will after a temporary release or medical release shall not be considered booked when readmitted to the KCF. 3.4 Additional Costs. Kent shall invoice Federal Way for all other costs as set forth in this Agreement, including: a. The costs of medications in accordance with Section 2.7 of this Agreement. b. The costs to Kent of providing transportation and supervision services to offsite medical facilities in accordance with Section 2.7.1 of this Agreement. c. The cost of bus vouchers and the costs for Kent officers to transport Federal Way Inmates to Federal Way upon release in accordance with Section 2.11 of this Agreement. Bills of medical services provided by medical providers outside of the KCF as well as ambulance transport services to outside medical providers shall be forwarded to Federal Way for payment by Federal Way 3.5 Annual Cost Inflator. On January 1, 2020, and on January 1 of each year thereafter that this Agreement is in effect, including any year in which this Agreement is extended, the fees set forth in Sections 3.1-3.2 shall be subject to an annual inflator in an amount equal to the Seattle - Tacoma -Bellevue CPI -W for June of the preceding year; provided, in the event the Seattle -Tacoma - Bellevue CPI -W for June of the preceding year is zero or a negative number, the fees set forth in Sections 3.1-3.2 shall not be reduced. 4. BILLING AND PAYMENT. Federal Way shall pay Kent the fees and costs described in this Agreement upon receipt of an invoice delivered no less than quarterly. The invoice shall be sent to Federal Way at the address provided for notices. The bill shall identify the Federal Way Inmates who occupied the KCF during the quarter by name, as well as the number of days each Federal Way Inmate occupied jail space. The bill shall also provide the booking date and inmate name for any booking fee charged, and shall describe all other fees or costs being invoiced by the date, description, and basis for the fee or cost. Federal Way shall pay to Kent the amounts invoiced within 30 days of receipt of such bill. The failure of Kent to invoice Federal Way for fees or costs shall not relieve Federal Way of the responsibility for paying any fees or costs as required by this Agreement. The Parties may agree in writing to an alternate method or timing for invoicing and payment. 5. EFFECTIVE DATE - TERMINATION. The initial term of this Agreement shall start on December 23, 2019, and shall remain in effect through December 31, 2022 This Agreement may be automatically renewed by the Parties for successive terms by written Agreement of the Mayor of Federal Way and the Chief Administrative Officer of Kent. Agreements for successive terms shall be agreed to by the Parties by October 1 of the year in which the current term. 5.1. Early Termination without Breach. Should either party desire to terminate this Jail Interlocal Agreement between City of Kent and Federal Way Page 6 of 9 29 Agreement absent a breach, a notice of termination shall be provided in writing to the other party no less than 180 days prior to the effective date of the termination. 5.2. Early Termination for Breach. In the event a party is in material breach of this Agreement, the non -breaching party shall provide the breaching party with written notice of breach, along with an explanation of the basis for the breach and the method of curing the breach. If the breaching party fails to cure the breach, this Agreement may be terminated by written notice issued by the non -breaching party. In the event Federal Way is the party in breach, Federal Way shall be subject to an early termination penalty of $15,670.75 for each month remaining in the duration of the Agreement. 6. INDEMNIFICATION. 6.1. Kent shall indemnify and hold harmless Federal Way and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any act or omission of Kent, its officers, agents, and employees, or any of them relating to or arising out of the performance of this contract. In the event that any suit based upon such a claim, action, loss, or damage is brought against Federal Way, Kent shall defend the same at its sole cost and expense, provided that Federal Way retains the right to participate in said suit; and if final judgment be rendered against Federal Way, and its officers, agents, and employees, or any of them, or jointly against Federal Way and Kent and their respective officers, agents, and employees, or any of them, the Parties shall apportion any damages between them according to the proportionate amount of fault as set forth in the judgment. 6.2. Federal Way shall indemnify and hold harmless Kent and its officers, agents, and employees, or any of them from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any act or omission of Federal Way, its officers, agents, and employees, or any of them relating to or arising out of the performance of this contract. In the event that any suit based upon such a claim, action, loss, or damage is brought against the Kent, Federal Way shall defend the same at its sole cost and expense; provided that Kent retains the right to participate in said suit; and if final judgment be rendered against Kent, and its officers, agents, and employees, or any of them, or jointly against Kent and Federal Way and their respective officers, agents, and employees, or any of them, the Parties shall apportion any damages between them according to the proportionate amount of fault as set forth in the judgment. 6.3 The provisions of this Section shall survive termination of this Agreement. 7. MISCELLANEOUS. 7.1 Financing. There shall be no financing of any joint or cooperative undertaking pursuant to this Agreement, except as set forth herein. There shall be no budget maintained for any joint or cooperative undertaking pursuant to this Agreement. Jail Interlocal Agreement between City of Kent and Federal Way Page 7 of 9 30 7.2 Property. This Agreement does not provide for the acquisition, holding or disposal of real or personal property. 7.3 Joint Administrative Board. No separate legal or administrative entity is created by this Agreement. To the extent necessary, this Agreement shall be jointly administered by the Police Chief for Federal Way or his/her designee, and the Police Chief for Kent or his/her designee, who together, shall constitute the board contemplated in RCW 39.34.030(4)(x). 7.4 Failure to File or Publish. The failure of either Party to file or publish this Agreement in accordance with RCW 39.34.040 shall not affect the enforceability of this Agreement as between the Parties. 7.5 Entire Agreement. This Agreement constitutes the entire Agreement between the Parties hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement, shall be deemed to exist or bind any of the Parties hereto. Either party may request amendments to this Agreement. Proposed amendments which are mutually agreed upon shall be incorporated by written amendment hereto. 7.6 Doctrine of Contra Proferentem Not Applicable. This agreement has been prepared by both parties with advice of legal counsel and the legal doctrine of Contra Proferentem shall not be used against either party to resolve any dispute about the meaning of a provision. 7.7 Notices. Notices shall be sent to the following addresses: Mayor and Chief Administrative Officer and Police Chief Police Chief City of Federal Way City of Kent 33325 8t' Avenue South 220 Fourth Avenue South Federal Way, WA 98003 Kent, WA 98032 7.8 Attorney's Fees. Each party shall be responsible for its own attorney and legal fees in any legal proceeding brought for the enforcement of this Agreement, or because of a dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement. 7.9 Severability. If, for any reason, any part, term or provision of this Agreement is held by a court of competent jurisdiction to be illegal, void or unenforceable, the validity of the remaining provisions shall not be affected, and the rights and obligations of the Parties shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. If it should appear that any provision hereof is in conflict with any statutory provision of the State of Washington, said provision which may conflict therewith shall be deemed inoperative and null and void insofar as it may be in conflict therewith, and shall be deemed Jail Interlocal Agreement between City of Kent and Federal Way Page 8 of 9 31 modified to conform to such statutory provisions. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed. CITY OF FEDERAL WAY: CITY OF KENT: Jim Ferrell, Mayor Dated: Attest: Stephanie Courtney, City Clerk Dated: Approved as to Form: Dana Ralph, Mayor Dated: Approved as to Form: J. Ryan Call, City Attorney Arthur "Pat" Fitzpatrick, City Attorney Dated: Dated: Jail Interlocal Agreement between City of Kent and Federal Way Page 9 of 9 32 COUNCIL MEETING DATE: July 16th, 2019 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: WA State Department of Corrections Master Agreement — Class V Community Restitution Programs POLICY QUESTION: Should Council approve the WA State Department of Corrections Master Agreement for Class V Community Restitution Programs and authorize the Mayor to execute the agreement? COMMITTEE: Parks, Recreation, Human Services & Public Safety MEETING DATE: July 9th, 2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Other — Information ❑ Resolution Only STAFF REPORT BY: John Hutton, Parks Director DE11 PT: Pa1. rks Attachments: 1. BACKGROUND MEMO 2. MASTER AGREEMENT Options Considered: 1. Approve the WA State Department of Corrections Master Agreement for Class V Community Restitution Programs and authorize the Mayor to execute the agreement. 2. Do not approve the Master Agreement, and provide direction to staff. 3. .................._ ......... MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: TQC 1. �'1 �� ago Ip�i�ll� DIRECTOR APPROVAL: �p'2b' � avht Committee Council Initial/Date J Initial/Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed Agreement to the July 16`h, 2019 consent agenda. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the WA State Department of Corrections Master Agreement for Class V Community Restitution Programs and authorize the Mayor to sign said agreement. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # 33 ` cisv of 4 '`... Federal Way Parks Department Date: July 2 d, 2019 To: Parks, Recreation, Human Services & Public Safety Council Committee Via: Mayor Jim Ferrell From: John Hutton, Parks Director Subject: WA State Department of Corrections Master Agreement — Class V Community Restitution Programs Background: The Parks Department has been researching alternative methods for the cleanup of homeless encampments throughout the City of Federal Way. Through that research, Parks Staff discovered that WA State Department of Corrections offers a program that could help with not only the homeless encampment cleanup, but additional needs across multiple city departments. Examples of additional services provided by WA State DOC include but are not limited to: stream enhancement & restoration, carpentry/construction, salmon restoration, tree planting, wood chipping, sand bagging, cleaning retention ponds, landscaping, sanding/salting, etc. At this time, staff is requesting approval of the WA State Department of Corrections Master Agreement, which would be valid until June 30, 2022. Under this Master Agreement, each city department would complete Attachment A on an annual basis to determine specific Work Project Descriptions and contract budget, (See Master Agreement, Page 1, Section 2, Work Project Descriptions). Each Attachment A completed annually will be brought before PRHSPS Council Committee for approval. Recommendation: City Council to Approve the WA State Department of Corrections Master Agreement for Class V Community Restitution Programs and authorize the Mayor to execute the agreement. 34 Class V - Community Restitution Programs Master Agreement Between THE WASHINGTON STATE DEPARTMENT OF CORRECTIONS And CITY OF FEDERAL WAY This Master Contract Agreement is entered into by and between the Washington State Department of Corrections, hereinafter referred to as DOC, and, the CITY OF FEDERAL WAY hereinafter referred to as the 'Recipient of the Services' or 'Recipient.' Individually referred to as party and collectively as parties. Legal authority for this Master Contract Agreement is pursuant to RCW 39.34, RCW 72.09 and Chapter 137.30 WAC. Individuals who provide services under this Master Agreement reside in the community. For the provision of services under this Master Agreement, all individuals are under Department, City, and/or County jurisdiction. 1. PURPOSE The purpose of this Agreement is to provide the master terms and conditions between the Parties for individuals under the jurisdiction of a governmental entity to provide work crew services to the Recipient. To be eligible to receive services, the Recipient must be a federal agency, an agency of Washington State, a local government, federally recognized Indian tribe within Washington State, a public benefit nonprofit as defined by the IRS; a 501(c)(3) Charitable Organization or a 501(c)(4) Social Welfare Organization. No public employees will be displaced as a result of this Agreement. On January 1, 2016, the terms and conditions contained in this Master Agreement replaced and terminated any previous oral and written work crew agreements and work project descriptions between the Parties. For this Master Agreement to be valid it must be signed by the Secretary of DOC or the DOC Contracts Administrator on behalf of DOC. 2. WORK PROJECT DESCRIPTIONS Offender work crew projects are limited to those that can be properly supervised as determined by the DOC Field Administrator, Work Release and Residential Program Administrator, or designee and the Recipient's Contract Manager. Each project is subject to careful review for security requirements. Each distinct project requires a separate Work Project Description that is signed by both Parties to this Agreement. [See Attachment AJ The Work Project Description will detail the work to be done by individuals, the cost to the Recipient and other specifics of the particular project. A Field Administrator or Work Release and Residential Program Administrator is authorized to sign Work Project Descriptions on behalf of DOC. A Work Project Description may be valid for up to one year but must end prior to, or on the same date as, this Master Contract Agreement. All services provided under each signed Work Project Description shall be performed pursuant to the terms of this Master Agreement. State of Washington K Page 1 of 6 Department of Corrections 198362/64 35 3. TERM The terin of this Master Contract Agreement shall begin upon final signature and continue through June 30, 2022, unless terminated sooner as provided for herein. 4. BILLING and PAYMENT In consideration of the services provided hereunder, payment to DOC will be as follows: A. DOC will invoice the Recipient for payment by the 20th of the month following each month in which individuals services were provided. Invoices for payment will include all direct and indirect charges payable to DOC by the Recipient that were negotiated between the Parties, except that payment for individuals L&I insurance coverage will be paid directly to L&I by the Recipient and will not appear on DOC invoices. B. Payment by the Recipient, will be due to the DOC address indicated below within 30 calendar days of the date of the invoice. This DOC Master Agreement number and the location of the project for which payment is made must be included with each payment. C. DOC requires the Recipient of individuals' services to provide workers' compensation insurance for the individuals who provide services to the Recipient under the terms of this Agreement. Therefore, Recipient will.: 1) Prior to contract execution, complete and submit to L&I, the Application for Elective Coverage of Excluded Employments, (L&I Form F213-112-000) to authorize the addition of individuals L&I Risk Classification 7203 to the Recipient's L&I Account; 2) Provide DOC with a copy of the Rate Notice received from L&I that confirms the addition of Risk Classification 7203 to the Recipient's L&1 Account. DOC advises the Recipient to include the L&I Rate Notice when returning this partially executed Agreement to DOC for final signature. 3) Each quarter, for individuals' services provided to the Recipient during the previous quarter, report to L&I the total number of individuals' hours worked and pay the total cost due for workers' compensation coverage directly to L&I for those individuals' hours. CITY OF FEDERAL WAY D. Addresses to use for Billing and Payment. ATTN: PARKS DEPT, JASON GERWEN 33325 8th AVENUE SOUTH 1) Billing - Invoices for payment will be submitted to FEDERAL WAY, WA 98003-6325 Payment— recipient will send payment to the address provided by the DOC Community Corrections location from which services were provided. 5. TERMINATION When in its own best interest, either Party may terminate this Agreement, in whole or in part, upon 30 days' written notice to the other Party, beginning on the second day after mailing such notice. If this Agreement is so terminated each of the Parties shall be liable only in accordance with the terms of this Agreement for services rendered prior to the effective date of termination. State of Washington K Page 2 of 6 Department of Corrections 195362/64 36 6, HAZARD ASSESSMENT AND MITIGATION A. In accordance with the DOC Office of Risk Management, work generally considered to be dangerous or hazardous may not be performed by individuals. B. Before DOC individuals may provide services at any new and distinct project location, the Recipient will assess the location for hazardous conditions and/or materials. C. The Recipient's assessment must be performed in accordance with WAC 296-800-160 and provided to DOC using DOC Form 03-247 or other similar hazard assessment and PPE selection worksheet. The Recipient will inform DOC promptly, in writing, if hazardous conditions or materials are found at the new project site. D. Once notified, DOC at its own discretion, may a) identify, with the Recipient, the protective equipment or clothing that is needed for individuals and correctional officers to mitigate the effects of the on-site hazard(s); or b) request that the Recipient remove or otherwise mitigate the hazard before individuals perform the contracted work crew services at that site; or c) withdraw from the project. E. If hazardous conditions or materials are discovered while individuals are working at Recipient's site, then individuals work will be suspended immediately and Recipient will make appropriate regulatory notifications and request further assessment. 7. TOOLS, EQUIPMENT AND SUPPLIES In General 1) DOC will provide individuals with basic work attire, such as boots, gloves, goggles and rain gear, that may be needed for any project; 2) If the Parties to this Agreement do not negotiate otherwise, the Recipient will provide any additional tools, equipment and supplies that individuals need to accomplish the Recipient's specific work project. This will include any Personal Protective Equipment (PPE) e.g. bump hats, specialized goggles or gloves, hearing and eye protective devices, etc. and any specialized safety equipment (SSE) necessary to protect individuals and correctional officers from hazards at the project site. 3) The specific tools, equipment and supplies necessary for each project, and the Party to the Agreement responsible for providing each item, will be designated in the Work Project Description for that project. 8. TRAINING A. The Recipient will train individuals regarding the work to perform as well as any safety requirements specific to the project site and the use of any specialized equipment. B. The Recipient will ensure that all safety training is in compliance with all applicable laws and regulations including, but not limited to, Division of Occupational Safety and Health (DOSH) regulations and the Washington Industrial Safety and Health Act (WISHA). State of Washington K Page 3 of 6 Department of Corrections 198362(64 37 9. CONTRACT MANAGEMENT The contract manager(s) for each of the Parties shall be responsible for and shall be the contact person(s) for all communications regarding the performance of this Agreement. Either Party may, with written notice to the other, designate different contact persons. Recipient: pow Name: JASON GERWEN, PARK & FACILITIES MANAGER Phone: DESK: 253-835-6962 CELL: 253-261.3941 Email: JASON.GERWEN@CITYOFFEDERALWAY.COM Name: Rene Vertz. Pram Manager Phone: 253-786-3276 Email: dvertzCdidocl.wa.gov 10. SUPERVISION A. The Work: Recipient will supervise the work performed by individuals and maintain daily oversight of the project until completed. Recipient will provide adequate worksite instruction and direction to all individuals, to ensure safe work performance and proper project outcome. B. SecuriA first aid qualified Correctional Officer will supervise individuals at all times. Such DOC supervision shall only be for the security and custody of the individuals and the safety of the public at large. C. Correctional Officers may not supervise the work performed by individuals or be responsible for project outcomes. D. On -Site Illness/Accidents: In the event of individuals' illness or injury, DOC will provide the appropriate first aid. If necessary, emergency medical assistance will be called, or the individuals will be transported to the nearest medical facility for treatment. 1) Expenses: a) Illness. DOC will pay all expenses related to treatment of individual's illness. b) InjuLy. The cost of treatment provided to individuals beyond first aid for any and all work related injuries will be paid in accordance with Title 51 RCW. c) The Recipient's L&I Account Number, 574-570-00 will be the account number used by individuals, DOC and medical providers when reporting an individual's work related injury. 11. PUBLIC INFORMATION Neither Party shall arrange for news media coverage without the consent of the other Party, nor shall either Party release information to the news media without the consent of the other Party, unless required by law. State of Washington K Page 4 of 6 Department of Corrections 195362/64 W 12. WORK PRODUCT and PERFORMANCE A. Washington State and DOC, including its agents and/or employees: 1) Are not responsible for, and do not guarantee, the quality of the work performed or products produced by individuals on work crews; 2) Shall not be required to pay other workers to re -do or repair the work performed by the individuals; and 3) Are not responsible for damages to third Parties resulting from the work performed or products produced by individuals on work crews. 13. INDEMNIFICATION A. Recipient, its agents, and/or employees: 1) Are responsible for any damages resulting from the negligence of the Recipient, its agents, and/or employees; and 2) Do indemnify, defend, and hold harmless DOC for claims arising from the negligent acts or omissions of the Recipient, its agents, and/or employees. B. DOC, its agents, and/or employees: 1) Are responsible for damages that arise out of DOC, its agents, and/or employees' negligent security supervision of individuals. C. In accordance with the laws of the state of Washington and to the extent permitted by law, if both Parties to this Agreement are negligent and jointly liable, each Party will assume responsibility for its own negligent acts or omissions. 14. TRANSPORTATION DOC has sole responsibility to transport individuals to and from the work project site. 15. DISPUTES Should the Parties hereto be unable to informally resolve any dispute concerning the terms of this Agreement, the dispute will be settled in binding arbitration by an arbitrator chosen by consent of both Parties. 16. INSURANCE Recipient will provide DOC with proof of current general liability insurance coverage when signing and returning this Agreement for final signature by DOC. Recipient must maintain its policy of general liability insurance throughout the term of this Agreement and provide renewed proof of such coverage to DOC annually with each new Work Project Description. Recipient's liability insurance coverage must have a limit of not less than $1,000,000 per each occurrence with an aggregate limit of at least $2,000,000. 17. PUBLIC BENEFIT NON-PROFIT In order to utilize individuals work crew services, Recipients that are non -profits, must be public benefit non -profits, as defined by the federal Internal Revenue Service (IRS). Those that are public benefit non - State of Washington K Page 5 of 6 Department of Corrections 198362/64 39 profits must provide proof to DOC of official IRS designation as a (501(c)(3) Charitable Organization or a (501(c)(4) Social Welfare Organization. The Recipient must provide DOC with proof of its IRS public benefit non-profit designation, with this partially signed Agreement when returning this partially signed Agreement to DOC Contracts and Legal Affairs for the final signature by DOC. 18. CHANGES AND MODIFICATIONS Changes or modifications to this Agreement shall not be binding unless agreed to in writing by the Parties hereto prior to such change or modification. Only the DOC Secretary or designee has the authority to alter, amend, modify, or waive any clause or condition of this Agreement for DOC. 19. WAIVER Waiver of any breach or default on any occasion shall not be deemed to be a waiver of anv subsequent breach or default. Any waiver shall not be construed to be a modification of the terms and conditions of this Agreement. 20. SEVERABILITY If any term or condition of this Agreement is held invalid by any court, such invalidity shall not affect the validity of the other terms and conditions of this Agreement. 21. INTEGRATION This Agreement contains all the terms and conditions agreed upon by the Parties. No understandings or otherwise regarding the subject matter of this Agreement shall be deemed to exist or to bind either of the Parties hereto. As used herein, reference to the Agreement shall include this Master Agreement, fully executed amendments to this Agreement, and any Work Project Descriptions executed and attached hereto. THIS Agreement, consisting of six (6) pages and one (1) attachment, is executed by the persons signing below who warrant that they have the authority to execute the Agreement. CITY OF fEDERAL WAY DEPARTMENT OF CORRECTIONS (Signature) (Printed Name) (Title) (Date) Approved as to Form: By (Signature) (Printed Name) Contracts Administrator (Title) (Dale) State of Washington K Page 6 of 6 Department of Corrections 198362/64 40