HomeMy WebLinkAboutAG 02-072 - WA STATE DEPT OF CORRECTIONS From:Jennifer Marshall <>
Sent:Thursday,June 9, 2022 9:23 AM
To: Lynette Allen <Lynette.Allen@cityoffederalway.com>
Cc: Stephanie Courtney<Stephanie.Courtney@cityoffederalway.com>;Taryn Weatherford
<Taryn.Weatherford@cityoffederalway.com>;Tonia Proctor<Tonia.Proctor@cityoffederalway.com>
Subject: RE: Contracts/Agreements - Deletions
I will update the MasterAG to mark them as expired (they will be shaded red)... their retention is 6
additional years after expiration so there will be no deleting. Probably just semantics, but I had to
make sure we are on the same page.
From:Tonia Proctor<Tonia.Proctorgcityoffed era lwa .com>
Sent:Thursday,June 9, 2022 9:17 AM
To: Lynette Allen <Lynette.Allen(�cityoffederalwa .com>
Cc: Stephanie Courtney<Stephanie.Courtney@cityoffed era lway.com>;Jennifer Marshall
<Jennifer.Marshal l@cityoffederalway.com>;Taryn Weatherford
<Taryn.Weatherfordgcityoffederalwa .com>
Subject: RE: Contracts/Agreements - Deletions
Thanks Lynette,
Taryn Weatherford is Melissa's replacement and she will be working on this as we move forward.
She will be law full-time as of June 16.
Tonia
From: Lynette Allen <Lynette.AllenL@cityoffederalwa .com>
Sent:Thursday,June 9, 2022 8:16 AM
To:Tonia Proctor<Tonia.Proctorgcityoffed era lwa .com>
Cc: Stephanie Courtney<Stephanie.Courtney@cityoffed era lway.com>;Jennifer Marshall
<Jennifer.MarshaII LcityoffederaIwa .com>
Subject: FW: Contracts/Agreements - Deletions
Tonia,
I was working with Melissa to clean up PD's AG agreement list. Not sure if anyone will be
working on this until Melissa's position is filled but please see the list below.
The following Contracts/Agreements have expired or will expire soon. They can be deleted.
• AG 18-148 WSP Facility Use Agreement expires June 30, 2022 - Delete
• AG 21-141 KC RSO Grant Agreement expires June 30, 2022 - Delete
o KC will initiate a new agreement for July 1, 2022—June 30, 2023
The following are old agreements no longer in effect. They need to be deleted.
• AG 1997-162 FWPS —Mark Twain Elem. School - Delete
• This has to do with Design & Development of property —it is way outdated—
even though it says permanent
• Not really sure why it's under PD, it was a Parks Agreement
• AG 2002-072 Washington State—DOC—Delete
o A new agreement was initiated AG 2005-019
• AG 2003-026—City of Kent—Shooting Range—Delete
o FWPD does not use this Shooting Range and this is way to old to leave open. If
we were to use,they would have to have a new agreement.
• AG 2004-046—Devon Brewer Research Agreement—Delete
o This research was for a period from 1997 to 2003
• AG 2004-164—City of Kent—Vehicle Equip Maintenance & Repair Service - Delete
o We do NOT use. I believe PW's makes the agreements now through Kurosky
• AG 2004-171 —WA State via KC—Delete
o This would have been completed a long time ago
• AG 2006-084—Okanogan County Jail—Delete
o We have not used in years —not sure why we would need a letter
• AG 2006-091 —SKF&R—Technical Rescue Trailer—Delete
o This has not been in effect for years.
• AG 2009-218 —VNET Task Force—Delete
o There was a new VNET Task Force Agreement in 2016 (AG 2016-136)
• AG 2019-068 —Issaquah Jail—Delete even though it says Ongoing
o We have a new Agreements starting 2021
Thank You
Lynette Allen
Chief's Office Manager
Federal Way Police Department
(253) 835-6701
lvnette.allen(&cityoffederalwa
n T C : TO:
I ' CIT~ I~F FEDERAL WAY LAW DEPARTMENT
REQUEBT FOR CONTRACT rlRI=PARATION/DOCUMENT REVlEW/C=iQNATURE ROUTINQ C~I. IP
11,
Agerrecording, retumto:
Federal Way City Attorney's Office
33530 Ist Way S.
P.O. Box 9718
Federal Way, WA 98063-9718
INTERLOCAL AGREEMENT
BETWEEN
WASHINGTON STATE DEPARTMENT OF CORRECTIONS
AND
CITY OF FEDERAL WAY
WHEREAS, Chapter 39.34 (Interlocal Cooperation Act) permits state agencies and local
governments to make the most efficient use of their powers by authorizing them to enter into
agreements with each other, in order to provide services and facilities in a manner best serving the
needs and development of their local communities; and
WHEREAS, the City of Federal Way's Department of Public Safety (hereinafter "City") is
charged by the Federal Way City Code with the protection of all persons and property within the
City limits; and
WHEREAS, the Washington State Department of Corrections (hereinafter "DOC") is
responsible for enforcement of probation sentences of felony offenders, including those residing or
working within the City of Federal Way; and
WHEREAS, the City and DOC desire to enter into an interlocal agreement to improvement
their respective abilities to carry out their public safety responsibilities;
NOW, THEREFORE, THE UNDERSIGNED JURISDICTIONS AGREE AS FOLLOWS:
1. City Responsibilities. The City of Federal Way agrees that .the City will:
Provide office space for one Community Corrections Officer at the Federal
Way Department of Public Safety, either at 34008 9'h Avenue South (its
current location) or at such other location as the City Council may select for
the Department of Public Safety in the Council's sole discretion. The office
space will be available to DOC seven days a week, twenty-four hours per
day.
Allow the Community Corrections Officer to use the facsimile and copy
machines that are generally available for Department of Public Safety staff.
Provide access entry codes to the Community Corrections Officer assigned to
Federal Way, to facilitate their access seven days a week, twenty-four hours
per day. ORIGINAL
Department of Corrections
Interlocal Agreement
Page 2
D. Provide a dedicated telephone line suitable for use of a laptop computer, and
a connection to incoming telephone lines.
E. Provide janitorial service for the office space.
DOC Responsibilities. The DOC agrees that the DOC will:
A. Keep the office space provided under Section 1.A above clean.
B. Staff the office at the City with one Community Corrections Officer, who
will work one to two days per week generally from 8 a.m. to 5 p.m.
The Community Corrections Officer will wear DOC identification at all
times while in the Department of Public Safety or other City facilities.
Maintain a visitors' log, and require all visitors to the Community
Corrections Officer at the Department of Public'Safety to sign iheir names in
the log and enter the time at which they enter and exit the building.
Schedule the offenders' visits to ensure that only one offender is in the
Department of Public Safety at any time.
Escort all visitors to the Community Corrections Officer at all times such
visitors are in the Department of Public Safety.
So long as the Department of Public Safety is located at 34008 9th Avenue
South, park any DOC vehicle or vehicle belonging to the Community
Corrections Officer on the north side of Building C.
Arrest any offenders within DOC jurisdiction, unless DOC has made prior
arrangements with the City of Federal Way on-duty Watch Commander.
Transport any offender arrested by DOC to the local county jail, except in
cases of extreme emergency, in which case the City's Department of Public
Safety may, in its sole discretion, transport the offender to the county jail or
the jail of any governmental entity contracting with the City of Federal Way.
Access to Information.
Access to all DOC computer systems and files is restricted to the Community
Corrections Officer. DOC will follow its policy for dissemination of any
information from its computer systems and files.
Department o f Corrections
lnterlocal Agreement
Page 3
Access to all City computer systems and files are restricted to police
personnel. The City will follow its policy and applicable law concerning
dissemination of all police information.
4. Independent Entities. The parties recognize that each is a separate governmental
entity, and neither represents, acts on behalf, or is the agent of the other.
5. Term. This Agreement shall take effect immediately and shall continue in effect until
terminated. Either party may terminate it by giving thirty (30) days written notice to the other.
6. Compliance with Laws. Each party shall be responsible for compliance with all
applicable federal, state, or local laws and regulations.
Department of Corrections
Interlocal Agreement
Page 4
7. Indemniflcatio~n.
Each party to this Agreement agrees to defend, indemnify and hold the other party, its elected
officials, officers, employees, agents, and volunteers harmless from any and all claims, demands,
losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or
entities, including, without limitation, their respective agents, licensees, or representatives, arising
from, resulting from, or connected with this Agreement, to the extent caused by the negligent acts,
errors or omissions of that party, its elected officials, commissioners, officers, employees, agents,
and volunteers, or by breach of this Agreement.
Survival. The provisions of this Section 7 shall survive the expiration or termination of this
Agreement with respect to any event occurring prior to such expiration or termination.
8. Contact Persons. The parties stipulate that the following persons shall be the contact
person for their respective jurisdiction.
a. Supervisor of the Federal Way Department of Corrections Office:
Bonnie Muccilli
Department of Corrections
606 W. Gowe
Kent, WA 98032
Phone: (253) 395-0871
Fax: (253) 395-8302
b. City of Federal Way:
Federal Way Criminal Investigations Section Commander
34008 9th Ave S.
Federal Way, WA 98003
(253) 661-4612
9. Filing. A copy of this Agreement shall be filed with the Secretary of State, the City
Clerk of the City of Federal Way, and recorded with the King County Auditor.
I 0. Nothing herein shall require or be interpreted to:
a. Waive any defense arising out of RCW Title 51.
Department of Corrections
Interlocal Agreement
Page 5
Limit or restrict the ability of either entity or employee or legal counsel for either
entity or employee to exercise any right, defense or remedy which a party to a
lawsuit may have with respect to claims of third parties, including, but not limited
to, any good faith attempts to seek dismissal of legal claims against a party by any
proper means allowed under the civil rules in either state or federal court.
11. General Provisions.
Entire Agreement. This Agreement contains all of the agreements of the
Parties with respect to any matter covered or mentioned in this Agreement.
Modification. No provision of this Agreement may be amended or modified
except by written agreement signed by the Parties.
Succession. This Agreement shall be binding upon and inure to the benefit of
the Parties' successors in interest, heirs and assigns.
Severability. Any provision of this Agreement which is declared invalid or
illegal shall in no way affect or invalidate any other provision.
Default. In the event either of the Parties defaults on the performance of any
terms of this Agreement or either Party places the enforcement of this
Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay
all its own attorneys' fees, costs and expenses.
Venue. The venue for any dispute related to this Agreement shall be King
County, Washington.
Waiver. Failure of the City to declare any breach or default immediately
upon the occurrence thereof, or delay in taking any action in connection with,
shall not waive such breach or default. Time is of the essence of this
Agreement and each and all of its provisions in which performance is a
factor.
IN WITNESS WHEREOF the parties have hereunto placed their hand and seals on the day
and year indicated.
WASHINGTON STATE
DEPARTMENT OF CORRECTIONS
Date:
CITY OF FEDERAL WAY
/ D[vid H. Moseley
City Manager
Date:
Department of Corrections
Interlocal Agreement
Page 6
Approved as to Form
for
Approved as to Form
for City of Federal Way
City Attorney, Bob C. Sterbank
ATTEST: This ~°~_ day of
[Governmental Entity's Clerk, etc.]
ATTEST: Thih.~ ~'~day of
,204.2..
t' N. ' 'ne Green, CMC
Federal Way City Clerk
K:\INTERLCL\DOC
Return Address
City, State ,Zip
Document Title(s) (or transactions contained therein):
3.
Referenc, e Number(s) of Documents ~signed or released:
(on page __ of documents(s))
Grantor(s) (Last name first, then first name and initials )
2. ,t,> q, 9 ,~, OK-
3.
4.
5. Ad~fio~ ~ on ~ge. of d~ent.
Gr~t~(s) ~ ~e fi~ ~en tim ~e ~d i~figs)
4.
5. Additional names on page.
of document.
Legal description (abbreviated: i.e. lot, block, plat or section, township, range)
Additional legal is on page of document.
Assessor's Property Tax Parcel/Account Number
Additional legal is on page of document.
The Auditor/Recorder will rely on the information provided on the form. The staff will not read the
document to verify the accuracy or completeness of the indexing information provided herein.
WASHINGTON STATE COUNTY AUDITOR/RECORDER'S
INDEXING FORM (Cover Sheet)
Form 7265-2
After recording, return to:
Federal Way City Attorney's Office
33530 1st Way S.
P.O. Box 9'718
Federal Way, WA 98063-9718
INTERLOCAL AGREEMENT
BETWEEN
WASHINGTON STATE DEPARTMENT OF CORRECTIONS
AND
CITY OF FEDERAL WAY
WHEREAS, Chapter 39.34 (Interlocal Cooperation Act) permits state agencies and local
governments to make the most efficient use of their powers by authorizing them to enter into
agreements with each other, in order to provide services and facilities in a manner best serving the
needs and development of their local communities; and
WHEREAS, the City of Federal Way's Department of Public Safety (hereinafter "City") is
charged by the Federal Way City Code with the protection of all persons and property within the
City limits; and
WHEREAS, the Washington State Department of Corrections (hereinafter "DOC") is
responsible for enforcement of probation sentences of felony offenders, including those residing or
working within the City of Federal Way; and
WHEREAS, the City and DOC desire to enter into an interlocal agreement to improvement
their respective abilities to carry out their public safety responsibilities;
NOW, THEREFORE, THE UNDERSIGNED JURISDICTIONS AGREE AS FOLLOWS:
1. City Responsibilities. The City of Federal Way agrees that the City will:
mo
Provide office space for one Community Corrections Officer at the Federal
Way Department of Public Safety, either at 34008 9th Avenue South (its
current location) or at such other location as the City Council may select for
the Department of Public Safety in the Council's sole discretion. The office
space will be available to DOC seven days a week, twenty-four hours per
day.
Bo
Allow the Community Corrections Officer to use the facsimile and copy
machines that are generally available for Department of Public Safety staff.
Provide access entry codes to the Community Corrections Officer assigned to
Federal Way, to facilitate their access seven days a week, twenty-four hours
per day.
Department of Corrections
Interlocal Agreement
Page 2
D. Provide a dedicated telephone line suitable for use ora laptop computer, and
a connection to incoming telephone lines.
E. Provide janitorial service for the office space.
DOC Responsibilities. The DOC agrees that the DOC will:
A. Keep the office space provided under Section 1 .A above clean.
B. Staff the office at the City with one Community Corrections Officer, who
will work one to two days per week generally from 8 a.m. to 5 p.m.
Fo
Ho
Access
Ao
The Community Corrections Officer will wear DOC identification at all
times while in the Department of Public Safety or other City facilities.
Maintain a visitors' log, and require all visitors to the Community
Corrections Officer at the Department of Public Safety to sign their names in
the log and enter the time at which they enter and exit the building.
Schedule the offenders' visits to ensure that only one offender is in the
Department of Public Safety at any time.
Escort all visitors to the Community Corrections Officer at all times such
visitors are in the Department of Public Safety.
So long as the Department of Public Safety is located at 34008 9~' Avenue
South, park any DOC vehicle or vehicle belonging to the Community
Corrections Officer on the north side of Building C.
Arrest any offenders within DOC jurisdiction, unless DOC has made prior
arrangements with the City of Federal Way on-duty Watch Commander.
Transport any offender arrested by DOC to the local county jail, except in
cases of extreme emergency, in which case the City's Department of Public
Safety may, in its sole discretion, transport the offender to the county jail or
the jail of any governmental entity contracting with the City of Federa! Way.
to Information.
Access to all DOC computer systems and files is restricted to the Community
Corrections Officer. DOC will follow its policy for dissemination of any
information from its computer systems and files.
Department of Corrections
Interlocal Agreement
Page 3
Access to all City computer systems and files are restricted to police
personnel. The City will follow its policy and applicable law concerning
dissemination of all police information.
4. Independent Entities. The parties recognize that each is a separate governmental
entity, and neither represents, acts on behalf, or is the agent of the other.
5. Term. This Agreement shall take effect immediately and shall continue in effect until
terminated. Either party may terminate it by giving thirty (30) days written notice to the other.
6. Compliance with Laws. Each party shall be responsible for compliance with all
applicable federal, state, or local laws and regulations.
Department of Corrections
Interlocal Agreement
Page 4
7. Indemnification.
Each party to this Agreement agrees to defend, indemnify and hold the other party, its elected
officials, officers, employees, agents, and volunteers harmless from any and all claims, demands,
losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or
entities, including, without limitation, their respective agents, licensees, or representatives, arising
from, resulting from, or connected with this Agreement, to the extent caused by the negligent acts,
errors or omissions of that party, its elected officials, commissioners, officers, employees, agents,
and volunteers, or by breach of this Agreement.
Survival. The provisions of this Section 7 shall survive the expiration or termination of this
Agreement with respect to any event occurring prior to such expiration or termination.
8. Contact Persons. The parties stipulate that the following persons shall be the contact
person for their respective jurisdiction.
a. Supervisor of the Federal Way Department of Corrections Office:
Bonnie Muccilli
Department of Corrections
606 W. Gowe
Kent, WA 98032
Phone: (253) 395-0871
Fax: (253) 395-8302
b. City of Federal Way:
Federal Way Criminal Investigations Section Commander
34008 9th Ave S.
Federal Way, WA 98003
(253) 661-4612
9. Filing. A copy of this Agreement shall be filed with the Secretary of State, the City
Clerk of the City of Federal Way, and recorded with the King County Auditor.
10. Nothing herein shall require or be interpreted to:
a. Waive any defense arising out of RCW Title 51.
Department of Corrections
Interlocal Agreement
Page 5
Limit or restrict the ability of either entity or employee or legal counsel for either
entity or employee to exercise any fight, defense or remedy which a party to a
lawsuit may have with respect to claims of third parties, including, but not limited
to, any good faith attempts to seek dismissal of legal claims against a party by any
proper means allowed under the civil rules in either state or federal court.
11. General Provisions.
ao
co
go
Entire Agreement. This Agreement contains all of the agreements of the
Parties with respect to any matter covered or mentioned in this Agreement.
Modification. No provision of this Agreement may be amended or modified
except by written agreement signed by the Parties.
Succession. This Agreement shall be binding upon and inure to the benefit of
the Parties' successors in interest, heirs and assigns.
Severability. Any provision of this Agreement which is declared invalid or
illegal shall in no way affect or invalidate any other provision.
Default. In the event either of the Parties defaults on the performance of any
terms of this Agreement or either Party places the enforcement of this
Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay
all its own attorneys' fees, costs and expenses.
Venue. The venue for any dispute related to this Agreement shall be King
County, Washington.
Waiver. Failure of the City to declare any breach or default immediately
upon the occurrence thereof, or delay in taking any action in connection with,
shall not waive such breach or default. Time is of the essence of this
Agreement and each and all of its provisions in which performance is a
factor.
IN WITNESS WHEREOF the parties have hereunto placed their hand and seals on the day
and year indicated.
WASHINGTON STATE
.~RRECTIONS
Date: 4~-~3 -~~
CITY OF FEDERAL WAY
City Manager ~/
Date: ¢~d/~ ~
Department of Corrections
Interlocal Agreement
Page 6
Approved as to Form
for
ATTEST: This ~2"day of
¼, ~- ,20~? ~'.
[Governmental Entity's Clerk, etc.]
K:\INTERLCL\DOC
12-19-01
Approved as to Form
for City of Federal Way
City ~ttomey,'Bob C. Sterb~'nk
ATTEST: This;7~"~day of
52V s _ , 2o eA
N. Christine Gre~,~CM'C
Federal Way City Clerk
