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PRHSPSC PKT 10-14-20021. 2. 3. 4. 5. 6. 7. City of Federal Way CITY COUNCIL PARKS, RECREATION, HUMAN; SERVICES': & PUBLIC SAFETY COMMITTEE , October 1.4, 2002 CALL TO ORDER PUBLIC FORUM COMMISSION COMMENTS APPROVAL OF SEPTEMBER 9, 2002 SUMMARY COMMITTEE BUSINESS City Hall Mt. Baker Conference Room A. King County Jail Services Contract B. Addendum to Yakima County Jail Contract C. Purchase of Plants for Dumas Bay Centre Renovation Project D. 2002-2003 Youth Commission Work Plan E. 2002-2004 Skyhawks Sports Academy, Inc. Contract F. Install of Sports Lighting at Lakota Park Acceptance and Retainage G. Sewer Easement Request/The Point at West Campus II H. Walmart Grant; Safe Neighborhood Heroes Program I. COPS More 2002 Grant; Request Approval to Accept the . Award and for Purchasing Authority J. Interlocal Agreement and Release/Disclaimer of Liability for Use of Shooting Range K. Amendment of Section 1 l -83, Prohibiting Storage of personal Property on Parks and Open Space Property L. Code Amendments Updating Chapter 6, Criminal Code; Chapter 9, Licenses and Business Registration and Chapter 15, Traffic and Vehicles M. Reschedule November 11 PRHSPS Meeting PENDING ITEMS • Internet Safety Action Hanson Action Hanson Action Sanders Action Moe Action Faber Action Schroder Action Schroder Information Kirkpatrick Action Kirkpatrick Action Kirkpatrick Action Richardson Action Richardson Discussion Schroder NEXT MEETING — Needs to be rescheduled due to Veterans Day Holiday ADJOURNMENT Committee Members: Staff: Linda Kochmar, Chair Jennifer Schroder, Director Mary Gates Mary Jaenicke, Administrative Assistant Mike Park 661-4041 City of Federal Way City Council PARKS, RECREATION, HUMAN_ SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Monday, September 9, 2002 4:00 p.m. SUMMARY In attendance: Council Committee members Chair Linda Kochmar, and Mary Gates, Staff. David Moseley, City Manager, Chief Kirkpatrick Director of Public Safety, Pat Richardson, Deputy Director City Attorney, Kelli O'Donnell, CDBG Coordinator, Jennifer Schroder, Director Parks, Recreation and Cultural Services, Mary Faber, Recreation Superintendent, Kurt Reuter, Parks Superintendent, Mary McDougal, Human Resources Manager, Mary Jaenicke Administrative Assistant. Excused: Council member Michael Park. Guests: Karen Pettingell, Chair Human Services Commission, Ron Secreto, Human Services Manager, Trise Moore, Chair Diversity Commission, Donna Welch, Chair Arts Commission, Regina Bigler, Arts Commission, De - En Lang, Land Associates, Inc., Richard Hanson, Citizen. Chair Kochmar called the meeting to order at 4:05 p.m. PUBLIC FORUM None COMMISSION COMMENT None APPROVAL OF SUMMARY Chair Kochmar and Council member Gates approved the August 12th meeting minutes as written. Motion passed. BUSINESS ITEMS Diversity Commission Business Plan 2002-2003 Diversity Commission Chair Trise Moore stated she was attending this meeting to request a $1,200 budget increase. The Diversity Commission plans to use this $1,200 for Community Night, education sub -committee activities, diversity awareness, public relations, and educational volunteer activities. Council member Gates suggested that the Diversity Commission ensure that the City is getting delivered to our libraries and the community, books that will appeal to diverse populations. The commission should make sure that books in large print, and Braille are available. Council member Gates also recommended that the commission not commit themselves to hosting the Community Night in the fall of 2002. This type of event can be successful during any season. Chair Kochmar stated the $1,200 increase will be discussed during the budget process. Chair Moore stated she wanted to introduce the request for the increase at this time, so Council would be aware that the Diversity Commission would be asking for this increase. Gates moved to forward the Diversity Commission Business Plan 2002-2003 to the full City Council on October 1, 2002 with a do pass recommendation. Chair Kochmar Seconded. Motion passed. Amendment to the Boys & Girls Club 2002 Special Capital Project O'Donnell stated that in May the Council approved a special allocation for CDBG Capital Projects, and the Boys and Girls Club project was awarded $123,000.00 to renovate the club. A condition of funding was related to ensuring that certain eligibility requirements were met. After working with the Federal Way Boys and Girls Club, City and County staff, it became apparent that the project that was presented would not work. It was recommended that the Federal Way Boys and Girls Club amend their application. The project was amended to narrow the scope to show that it will serve low and moderate -income residents. The proposed amendment reduces the scope of the project to rehabilitate the computer/education center and arts and crafts room. These areas will be used exclusively by the before and after school program and the summer program. The Federal Way Boys and Girls Club will maintain the necessary records and has already begun collecting the needed eligibility information. The proposed amendment will assure the project meets the qualification requirements of the national CDBG program. Gates moved to approve amending the Federal Way Boys and Girls Club Rehabilitation 2002 Special CDBG Capital Project to: 1) Reduce the scope of the project to the rehabilitation of the computer/education center and arts and crafts room; and 2) To reduce the beneficiaries of the project to the participants of the before PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Monday, September 9 Summary Page 2 and after school/summer programs exclusively. To be forwarded to the City Council for consideration at its September 17, 2002 meeting. Kochmar Seconded. Motion passed. Grant Funding for "Click It or Ticket" Campaign and School Zone Enforcement Kirkpatrick stated this is grant money that has been received through the Washington Traffic Safety Commission. The purpose of this grant money is targeting seatbelt and speeding enforcement. There is no matching money associated with this money. The total amount is $9,684.36. This money will be used to pay for overtime associated with the enforcement of this campaign. Council member Gates asked how many hours does this grant buy? City Manager Moseley stated it would buy us approximately 125 hours. Chief Kirkpatrick will report back with the total over time hours, and the number of tickets that were written. Council member Gates moved to approve to accept the funds from the Washington Traffic Safety Commission in the amount of $9,684.36. The additional enforcement will increase the safety of the citizens in our community, particularly in school zones this coming school year. Please forward to full Council for consideration at its September 17, 2002 meeting. Chair Kochmar seconded. Motion passed. Chair Kochmar asked where the money from these written citations goes. Chief Kirkpatrick stated that portion of the money goes to the Court, and a portion goes to the State. King County Regional AMBER Alert Plan — Letter of Agreement Kirkpatrick stated that the AMBER alert is a nation wide push to encourage law enforcement agencies to utilize the television and radio broadcast for children that are at risk. These are children that have been abducted. If the agency meets certain criteria then the television and radio networking will be interrupted to provide accurate information to the public and gain their assistance in locating a child. The Public Safety Department is asking for a Letter of Agreement that would be entered into with the King County Regional AMBER Alert Plan. There are no costs to the city for participation in the AMBER Alert. Council member Gates requested that an apostrophe be - added to the phrase nation's children on page D-5. Gates asked how Valley Com fits into this agreement. Gates wanted to be sure that the City is following the proper procedures with Valley Com. Gates moved to approve the Letter of Agreement between the police department and the King County Regional AMBER Alert Plan as revised. Our participation in this partnership will improve the probability for a safe and swift return of children missing or abducted from our community. Please forward to full Council for consideration at its September 17, 2002 meeting. Chair Kochmar seconded. Motion passed. Gun Tracing Project -Memorandum of Understanding with ATF Kirkpatrick stated the department was approached by the ATF regarding a Gun Tracing Program. For every gun that is collected into evidence that is associated with a crime that Federal Way is involved in, that gun will be sent into a National collection site through the ATF. Through the analysis, the gun can be traced to anywhere in the entire system. This information could be used to help determine what kinds of guns are being recovered in Federal Way, what types of crimes are associated with the recovered guns, who are the dealers identified as a source of crime guns, who is supplying firearms to criminals and juveniles in Federal Way, and where are the recovery locations. This information will enable the department to more effectively focus resources and impact the flow of illegal firearms in Federal Way. Council member Gates asked who will pay for the audit. Moseley stated that this would be clarified by the September 17, 2002 City Council meeting. Council member Gates moved to approve the Memorandum of Understanding between the police department and ATF. This partnership will improve the ability of the police department to investigate crimes within our community. Please forward to full Council for consideration at the September 17, 2002 meeting. Chair Kochmar seconded. Motion passed. 2002 Local Law Enforcement Block Grant — Budget Addendum Chief Kirkpatrick stated that this is a follow-up from the August Parks, Recreation, Human Services & Public Safety Council Committee meeting. The Public Safety Department will be purchasing nine camcorders to be placed in the vehicles, and 55 tasers. The purchase of 55 tasers will allow each officer and public support officer to have a taser. Kirkpatrick stated that all officers and public support officers would be trained on using the tasers. Dumas Bay Restoration Project Approval of Bid Faber presented a revised budget for this project. The total project budget is $516,822.00. The construction portion of the budget is costing $163,665.41. This includes the 10% contingency. The remaining project budget includes a projected cost savings of $28,987.00. Part of this projected savings is due to competitive bid pricing and the elimination of the slope removal of invasive species and revegetation of existing slope. Council member Gates asked if the native and invasive species were threatening the slope. She would like the invasive species to PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Monday, September 9 Summary Page 3 eventually be removed. Faber stated that the original plan of this project was to improve the shoreline. The environmental review said the project should be done in phases with the last phase being the shoreline. In order to change what is happening to the shoreline the project needs to start at the top of the slope. They are starting at the top of the slope and eventually hoping to find the ways and means to work on the actual slope, and then the shoreline. The invasive species are providing slope stabilization. Council member Gates moved to recommend to Council a "do pass" to accept the low bid submitted by Athletic Fields Inc. for the Dumas Bay Restoration Project and authorize the City Manager to enter into a contract with Athletic Fields, Inc. for Dumas Bay Restoration in the amount of $148,665.41, which includes Washington State Sales Tax. Authorize a construction contingency of 10% in the amount of $15,000 for a total construction budget of $163,665.41, and place this item before council on September 17, 2002. Chair Kochmar seconded. Motion passed. Skate Park 2% for Art Project Faber presented a close-up picture of the proposed design. Donna Welch, Arts Commission Chair stated that the artwork meets all of the requirements that the Arts Commission had for the artist, which were movement, color and height. Chair Kochmar asked where the artwork would be placed. Faber stated that after the Arts Commission receives approval from council they would meet with the Park Maintenance and Community Development Department to decide on a permanent location for the artwork. Council member Gates motioned to recommend to Council a "do pass" to accept the proposed design for the Skateboard Park 2% for Art Project and authorize staff to issue a Notice to Proceed, and place this item before council on September 17, 2002. Chair Kochmar seconded. Motion passed. Brighton Place -Park Land Donation Schroder stated that this is a request to accept a donation of land to the City, to be used as public open space land. The Hanson's property was included in the King County 1989 voter approved open space bond program for acquisition. After the bond was passed, and the exact funding available was known, it became apparent that all the land that was proposed in the acquisition for -open space would not be achievable. The acquisition strategy was to acquire the parcels most developable. The Hanson's parcel has a significant amount of wetlands. The City acquired 6 of the 10 parcels for a total of 8 acres. The Parks Commission reviewed this proposal at their September 5 meeting, and they recommend approval as long as the property is clean. The Parks Commission would like to accept the property as park land, with the option to develop the land in the future. Council member Gates wanted to ensure that it was very clear that if the City accepts this donation, it does not reduce the requirements for the Hanson's in their development of a cluster sub -division. Mr. Le stated that it makes more sense to give the City the land. He would like credit to not pay the 15% fee in lieu of or to not have that required. Schroder stated the City can accept the land donation, but it is separate from anything the Hanson's are wishing to do with the remaining piece. This process cannot eliminate the requirements in the code. Moseley emphasized that this action is for donating the land. Anything related to future development will have to go through the land use process. These are two separate issues. We cannot grant leniency on the code requirements. Council member Gates motioned to recommend approval to the full council to authorize the City Manager to accept the donation of 7.32 acres from Mr. And Mrs. Richard Hanson, provided no restrictions are recorded on the title would prevent the property from being used and or developed to serve as public park land. Chair Kochmar seconded. Motion passed. Dumas Bay Centre, Roof Maintenance System As part of the 2001/2002 budget process, council approved $50,000 to re -roof one half of the Dumas Bay Centre and another $50,000 projection in 2003 for the completion of this work. The City hired a consultant to develop bid specifications. The consultant suggested a different type of process to do the roof. References where checked and warranties between the two types of systems were compared. The maintenance ply system will be less disruptive to the building, and is more economical. This system has a ten-year minimum life expectancy, which is similar to a re - roof warranty. The lowest bid is $3,199.94 over budget. The Dumas Bay Centre operations budget will pay the remaining $3,199.94. Schroder stated it is in the best interest to go forward with the whole project. The entire roof will be re -done in one phase. Originally it was estimated to cost $100,000. Council member Gates motioned to recommend to Council a "do pass" to accept Commercial Industrial Roofing of Lynnwood, WA. total bid amount of $53,1994.94 which includes Washington State Sales Tax, and to place this item before Council on September 17, 2002. Chair Kochmar seconded. Motion passed. PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Monday, September 9 Summary Page 4 OTHER Schroder met with the homeowners that live on the street end of 20'h Place Southwest. The Legal Department and the Public Works Department are verifying a Document stating there was an agreement between the King County Commission regarding the intent of the County to build a wharf. The agreement states that if the wharf was not built, then the road reverted back to the homeowner's. If these documents are legal, the homeowner's plan to put in a gate that will block the road. The Parks Commission discussed the blueberry farm at their September 5 meeting. The Commission is recommending no further action on the farm at this time. Reuter met with the Historical Society to review the original lease agreement, and also to discuss what the Park Maintenance staff can do for them to improve the site. Chair Kochmar stated the Society is going to ask for an additional $5,000 dollars for historical markers. Kochmar requested that Schroder pass on this request to the Lodging Tax Committee. Moseley requested that the Historical Society forward a letter to the Lodging Tax Committee stating that they would be requesting and additional $5,000. Council member Gates suggested that Chief Kirkpatrick approach the Bill and Melinda Gates Foundation regarding Internet Safety. PENDING ITEMS • Safety of 21' Avenue S.W. and 3040' Street • Internet Safety • Future Development of 5 Acres at Celebration Park • Lakota Park • Group Homes • Fireworks in the City • King County Jail Contract • Addendum to Yakima Jail contract NEXT MEETING October 14, 2002, 4:00 p.m. in the Mt. Baker Conference Room ADJOURNMENT Meeting adjourned at 5:15 p.m. 5.A CITY OF FEDERAL WAY CITY COUNCIL PARKS/RECREATION/HUMAN SERVICES/ PUBLIC SAFETY COMMITTEE October 14, 2002 Meeting Date: September 30, 2002 From: Donna Hanson, Assistant City Manager Via: David Mo je Hager Subject: King County Jail Services Contract Background: In May of 2001 the King County Executive notified all Jail Contract cities (36 cities, including the City of Seattle) that the County wished to terminate the existing contract and negotiate a new agreement. The cities agreed to negotiate as a group and signed an agreement to become party to the negotiations. A negotiating team was established to negotiate on behalf of all the cities. The city team included three City Managers or Administrators (Federal Way, Burien and Tukwila), representatives of the executive in Seattle, Bellevue and Shoreline, the Finance Director of Kirkland, the Police Chief of Renton (chair of King County Chiefs Association), and the City Attorney for Mercer Island. The cities also hired a consultant to assist in the negotiations. Cities have had an agreement with King County for jail services since the 1960's at the downtown Seattle jail facility. The City of Seattle joined the agreement in the 1970's when they transferred operation of the downtown Seattle jail facility to the County and a new/refurbished jail was constructed. In the late 80's an additional jail was constructed in Kent (Regional Justice Center), and property for a future East King County jail facility was purchased. The RJC and East King County property acquisitions were financed by a countywide excess levy. The County also operates a drug and alcohol treatment facility (North Rehabilitation Facility in Shoreline), electronic home detention, and work release programs. In total, the County has 3,567 beds that are used for both felony and misdemeanor pre- and post -sentence inmates. The County, under state law, has the responsibility for housing all felony and juvenile inmates at the County's expense. In addition, the County is responsible for housing misdemeanants cited in unincorporated King County and those arrested on state charges by state agencies, such as the State Patrol. The cities have the responsibility for housing misdemeanant inmates cited in their communities (misdemeanors include theft, driving offenses, DUI's, domestic violence, shop lifting, etc). Most cities in King County have had a contract with King County to house their misdemeanant inmates. In 2000 the cities used a combined total of 719 beds of the County's total 3,567, or 20% of the available (-1 jail bed space. The County jail budget is $109 million dollars. The cities' jail contract payments, until recently, have accounted for approximately $20 million of that total. The City of Seattle represents 397of the 719 jail beds used by the cities. - Due to the escalating cost of King County jail beds under the prior jail contract, cities began managing their jail populations in the late 1990's by a number of means: establishing or expanding city jails; establishing electronic home detention and day reporting programs in their communities; and contracting with each other, or other jurisdictions, for jail services. Federal Way was one of the first cities to manage jail populations more cost effectively and currently has four jail services contracts in addition to the King County jail contract. This practice expanded significantly between 2000 and 2002, with a growing number of cities contracting for less expensive jail services outside King County. Meanwhile, King County found its general government revenue base declining, its jail population expanding, and its labor and facilities costs increasing. In addition, the State is requiring that the County close or refurbish the North Rehabilitation Center (291 beds), while the downtown jail requires a significant upgrade to its electronic security system. Shortly after the start of jail contract negotiations, the County decided they would not build a new jail facility and would close the North Rehabilitation Facility. As a result of these factors, the County determined that it wished to reduce, and ultimately eliminate, the use of County jail facilities by the cities' misdemeanant inmates. Given this background, the cities decided jointly to seek an alternative jail services provider (Yakima County) and negotiate a short-term transition contract with King County. The cities had six objectives for the King County contract: 1. Rate: Reduce the cost of jail services below the County proposed $84 per day plus "premium" charges, provide more predictable annual jail costs and eliminate payment for 10% of felony days. Thea agreed-upon rate for 2002 is $77.37. For each calendar year thereafter, the rate will be increased by 5.8 percent. The only "premium" charge is $205.35 for Medical and Psychiatric Inmates. Cities will no longer be charged 10% of felony days. 2. Capacity; Establish a reasonable amount of jail capacity for cities in the King County jail facilities while cities establish new jail services agreement(s) with - Yakima County, and work toward establishing permanent facilities for city misdemeanant inmates. In conjunction with the Yakima County Jail Contract, this contract provides that the aggregate number of city inmates in K.C. Jail will be no more than the following: • 380 by December 31, 2003. • 250 by December 31, 2004. • 220 by July 1, 2005 • 0 by December 31, 2012 N -Z 3. Term: Provide at least ten years for the transition with a contract through 2012. This Agreement commences on November 1, 2002, extends to December 31, 2012, and may be renewed annually. - 3. Jail Advisory Committee: Change the advisory committee structure to provide a forum for working out jail management operating and transition issues. Section 10 provides for the Jail Administration Group, composed of eight representatives as follows, to work together to assure the effective implementation of this Agreement: • 1 - County Executive Representative • 1 - City of Seattle Representative • 1 - City of Bellevue Representative • 1 — Department of Adult and Juvenile Detention Director • . 4 — Suburban Cities Representatives 5. Exemption from County Council Fiscal Capacity Limits: Assure that space would be available for city inmates even if the County is not able to afford operating space for County inmates. Section 11.2 states that the County will not set a budgetary constraint that will prevent the County from performing under the terms of this Agreement, specifically the capacityset et in paragraph 2 above. 6. Transfer East King County jail site to Cities: Transfer previously purchased property to the cities, likely for re -sale, to establish some resources for new misdemeanant facilities or services, and assure that the County will cooperate in providing data and other information needed to plan new facilities. Prior to July 1, 2004, the County will convey this property to the City of Bellevue to hold on behalf of all Contract Cities. The property will contribute to the cost of building or contracting secure capacity to meet the King Count Jail ail 0 capacity deadline of December 31, 2012. 7. Staff Recommendation: Staff recommends that the Parks Recreation/Human Services/Public Safety Council Committee approve the proposed King County Jail Contract for 2002 to 2012. Committee Recommendation: Approve the King County Jail Contract, and forward to full Council for consideration at the October 15, 2002, Council meeting. PROVAi;OF COMMI T Fha REPOW t • . . T , -Cornm�ttee Chair,." (.on mittee Memher Comrnittee.Member (S) King County Ron Sims King County Executive 516 Third Avenue, Room 400 Seattle, WA 98104-3271 206-296-4040 206-296-0194 Fax TTY Relay: 711 www.metrokc.gov The Honorable David Moseley City Manager, City of Federal Way P.O. Box 9718 Federal Way, WA 98063 Dear Mr. Moseley: August 28, 2002 I am very pleased to transmit for the approval of your City Council and your execution a new Jail Services Agreement. I have signed the new Agreement, but my execution of the Agreement is subject to the King County Council's approval. I am asking the King County Council to act expeditiously. The Agreement is the culmination of more than a year of intense negotiations and represents, in my judgement, a fair and balanced approach to meeting our collective needs for jail services over the next ten years at a time when cities and counties are facing serious financial problems. 1 commend the cities' negotiating team for representing your interests well. Please notice that, in addition to returning the executed Agreement together with a copy of your City Council's motion, resolution or ordinance authorizing the Agreement, several pieces of information are required in the body of the Agreement: Page 10 designated drop-off location 10 back-up drop-off location 12 contact person to receive notices Please return the required materials and information no later than November 1, 2002. A return envelope addressed to Steve Thompson, Director, King County Department of Adult and Juvenile Detention, 500 Fifth Avenue, MS KCF-AD-0600, Seattle, WA 98104 is enclosed for your convenience. Si rely, RECEIVED AUG 3 0 2002 mS CITY OF FEDERAL WAY King County Executive CITY MANAGER'S OFFICE Enclosures IV King County is an Equal Opportunity/Affirmative Action Employer and complies with the Americans with Disabilities Act Interlocal Agreement Between King County and the City of Federal Way for Jail Services THIS INTERLOCAL AGREEMENT ("Agreement") is dated effective the I" day of November, 2002. The Parties to this Agreement are King County, a Washington municipal corporation and legal subdivision of the State of Washington (the "County") and the City of Federal Way, a Washington municipal corporation (the "City"). This Agreement is made in accordance with the Interlocal Cooperation Act (RCW Chapter 39.34) and the City and County Jails Act (RCW Chapter 70.48). In consideration of the promises, payments, covenants and agreements contained in this Agreement, the parties agree as follows: 1. Definitions: Unless the context clearly shows another usage is intended, the following terms shall have these meanings in this Agreement: 1. 1 . "Booking" means registering, screening and examining inmates for confinement in the Jail; inventorying and safekeeping inmates' personal property; maintaining all computerized records of arrest; performing warrant checks; and all other activities associated with processing an inmate. 1.2. "Business Day" means Monday through Friday, 8:00 a.m. until 5:00 p.m., except holidays. - - 1.3. "City Inmate" means a person booked into or housed in the Jail when a City charge is the principal basis for booking or confining that person. A City. charge is the principal basis for booking or confining a person where one or more of the following applies, whether pre-trial or post -trial: 1.3.1. The person is booked or confined by reason of committing or allegedly committing a misdemeanor or gross misdemeanor offense within the City's jurisdiction, whether filed under state law or city ordinance; 1.3.2. The person is booked or confined by reason of a Court warrant issued either by the City's Municipal Court or other court when acting as the City's Municipal Court; 1.3.3. The person is booked or confined by reason of a Court order issued either by the City's Municipal Court or other court when acting as the City's Municipal Court; or, 1.3.4. The person is booked or confined by reason of subsections 1.3.1 through 1.3.3 above, in combination with charges, investigation of charges, and/or warrants of other governments, and the booking or confinement by reason of subsections 1.3.1 through 1.3.3 above is determined to be the most serious charge in accordance with Exhibit I. R`y ORIGINAL ** Interlocal Agreement: Jail Services 1.3.5. A City charge is not the principal basis for confining a person where the person is booked or confined exclusively or in combination with other charges by reason of a felony charge or felony investigation. 1.3.6. A City charge is not the principal basis for confining a person where the person is confined exclusively or in combination with other charges by reason of a felony charge or felony investigation that has been reduced to a State misdemeanor or gross misdemeanor. 1.4 "Contract Cities" means cities that are signatory to this Agreement. 1.5 "Continuity of Care Records" means an inmate's diagnosis, list of current medications, treatments, PPD results and scheduled appointments or follow-ups. 1.6 "County Inmate" means any inmate that is not a City Inmate. 1.7 "Force Majeure" means war, civil unrest, and any natural event outside of the party's reasonable control, including fire, storm, flood, earthquake or other act of nature. 1.8 The first "Inmate Day" means confinement for more than six (6) hours measured from the time such inmate is first presented to and accepted by the Jail until the inmate is released, provided that an arrival on or after six (6) o'clock p.m. and continuing into the succeeding day shall be considered one day. The second and each subsequent Inmate Day means confinement for any portion of a calendar day after the first Inmate Day. For persons confined to the Jail for the purpose of mandatory DUI sentences, "Inmate Day" means confinement in accordance with Exhibit H. 1.9 "JAG" means the Jail Agreement Administration Group created pursuant to Section 10 of this Agreement. 1.10 "Jail" means a place primarily designed, staffed, and used for the housing of adults charged or convicted of a criminal offense; for the punishment, correction, and rehabilitation of offenders charged or convicted of a criminal offense; or for confinement during a criminal investigation or for civil detention to enforce a court order. Upon the date of the execution of this Agreement, Jail includes the King County Correctional Facility, the detention facility at the Regional Justice Center, the North Rehabilitation Facility; and any Community Corrections Facility and/or Program, such as Work Release, Electronic Home Detention, Work Crews, Day Reporting, and Evening Reporting operated by the County directly or pursuant to contract. 1.11 "Medical Inmate" means a City Inmate or County Inmate clinically determined by the Seattle -King County Department of Public Health, or its successor charged with the same duties, as needing the level of services provided in the Jail's infirmary or other medical facility that the County may choose to send a Medical Inmate. If an inmate is moved to the general population then the inmate is no longer considered a Medical Inmate - 2 (\- U ** Interlocal Agreement: Jail Services 1.12 "Official Daily Population Count" is an official count of inmates in the custody of the Jail made at a point in time in a 24-hour period for, among other purposes, security and population management. It is not used for billing purposes. 1.13 TARP" means the Population Alert and Reduction Plan attached as Exhibit IV. 1.14 "Psychiatric Inmate" means a City Inmate or County Inmate clinically determined by the Seattle -King County Department of Public Health, or its successor charged with the same duties, as needing the level of services provided in the Jail's psychiatric housing units or other medical facility that the County may choose to send a Psychiatric Inmate. If an inmate is moved to the general population then the inmate is no longer considered a Psychiatric Inmate. 2. Jail and Health Services. The County shall accept City Inmates for confinement in the Jail, except as provided in Sections 4.5 and 11 of this Agreement. The County shall also furnish the City with Jail facilities, booking, transportation among County facilities, as determined necessary in the County's sole discretion, including the various Jail facilities, Harborview Medical Center and Western State Hospital, and custodial services, and personnel for the confinement of City Inmates at least equal to those the County provides for confinement of County Inmates. However, the County reserves the right to operate specific programs and/or facilities exclusively for County Inmates. The County shall furnish to City Inmates all Jail medical, dental and other health care services required to be provided pursuant to federal or state law. Also, the County shall make every reasonable effort to release a City Inmate as expeditiously as possible after the__ County has received notification of a court order to release. 3. Ci, Compensation. The City will pay the County a booking fee and a maintenance charge as follows: 3.1 Booking Fee. The booking fee shall be assessed for the booking of City Inmates by or on behalf of the City into the Jail. The booking fee shall be as provided in Exhibit III. The effective date of each annual adjustment will be January 1'. The County will maintain its program of contacting the City after booking a City Inmate in order to give notice that the City Inmate has been booked and to provide the opportunity for release to the City if the City so desires. Such action will take place as soon as reasonably possible but no later than the next business day after booking and will result in no maintenance charges if the City Inmate is released to the City within six hours of booking. The parties agree that the issue of providing earlier notice to the Contract Cities of booking of City Inmates shall be immediately referred to JAG for resolution. The County will maintain its program to notify the City of the status of its inmates in cases where confinement is the result of multiple warrants from two or more jurisdictions. This program will allow the City to take custody of a City Inmate if it so desires after the other jurisdictional warrants are resolved and thereby prevent unnecessary maintenance charges. 3.2 Maintenance Charge. The maintenance charge shall be assessed for a City Inmate for each Inmate Day. The maintenance charge shall be as provided in Exhibit III.. The effective date of each annual adjustment will be January 1'. The City will be billed the daily maintenance charge for Medical and Psychiatric Inmates, except as provided for in Section 11.7 of this Agreement. ** Interlocal Agreement: Jail Services 3.3 Proportional Billing_. The parties intend to develop a system of proportional billing which will divide the costs of incarceration between two or more jurisdictions where multiple jurisdictions have a hold on a City Inmate. The parties agree to negotiate, in good faith, in an attempt to develop such a system. 4. Billing and Dispute Resolution Procedures. 4.1 The County shall transmit billings to the City monthly. Within forty-five (45) days after receipt, the City shall pay the full amount billed or withhold a portion thereof and provide the County written notice specifying the total amount withheld and the grounds for withholding such amount, together with payment of the remainder of the amount billed (if any amount remains). 4.2 Withholding of any amount billed or alleging that any party is in violation of any provision of this Agreement shall constitute a dispute, which shall be resolved as follows: 4.2.1 The County. and the City shall attempt to resolve the dispute by negotiation. If such negotiation is unsuccessful, either party may refer the dispute to JAG for resolution. In the event JAG is unable to resolve the dispute within 30 -days of referral, either party may appeal. All appeals shall be referred to the Chief Executive Officer of the City, or designee, and the County Executive, or designee, for settlement. If not resolved by them within thirty (30) days of the referral, the Chief Executive Officer and the County Executive by mutual written consent may seek arbitration or mediation of the matter. _ Each party shall pay one-half of the arbitrator's or mediator's fees and expenses. If mutual written consent to apply for the appointment of an arbitrator or mediator is not reached, or the dispute is not resolved through arbitration or mediation, either party may seek court action to decide the dispute. If either party prevails in a court action to enforce any provision of this Agreement, it shall be awarded reasonable attorney's fees to be based on hourly rates for attorneys of comparable experience in the community. 4.3 Any amount withheld from a billing, which is determined to be owed to the County pursuant to the dispute resolution procedure described herein, shall be paid by the City within thirty (30) days of the date of the negotiated resolution or appeal determination. 4.4 Any undisputed billing amount not paid by the City within sixty (60) days of receipt of the billing, and any amounts found to be owing to the County as a result of the billing dispute resolution procedure that are not paid within thirty (30) days of resolution, shall be conclusively established as a lawful debt owed to the County by the City, shall be binding on the parties and shall not be subject to legal question either directly or collaterally. This provision shall not limit a City's ability to challenge or dispute any billings that have been paid by the City. 4.5 If the City fails to pay a billing within 45 -days of receipt, the County will notify the City of its failure to pay and the City shall have ten (10) days to cure non-payment. In the event the City fails to cure its nonpayment, the City shall be deemed to have voluntarily waived its right to house City Inmates in the Jail'and; at the County's request, will remove City Inmates already housed in the Jail within thirty (30) days. Thereafter, the County, at its sole discretion, may accept no further City Inmates until all outstanding bills are paid. 4 � f M ** Interlocal Agreement: Jail Services 4.6 The County may charge an interest rate equal to the interest rate on the monthly County investment earnings on any undisputed billing amount not paid by the City within forty-five (45) days of receipt of the billing, and any amounts found to be owing to the County as a result of the billing dispute resolution procedure. 4.7 Each party many examine the other's books and records to verify charges. If an examination reveals an improper charge, the next billing statement will be adjusted appropriately. Disputes on matters related to this Agreement which are revealed by an audit shall be resolved pursuant to Section 4.2. 5. Term. This Agreement shall commence on November 1, 2002 and shall supersede all previous contracts and agreements between the parties relating to the Jail and jail services. This Agreement shall extend to December 31, 2012.and may be renewed annually by the agreement of the parties. 6. Termination. Neither party may terminate this Agreement prior to January 1, 2004. Thereafter, either party may initiate a process to terminate this Agreement as follows: 6.1 Ten -Day Notice of Intent to Terminate. Any party wishing to terminate this Agreement shall issue a written notice of intent to terminate, not less than ten (10) days prior to issuing a ninety (90) day termination notice under Section 6.2 of this Agreement. Upon receipt of the written notice of intent to terminate, the parties will meet to confer on whether there are steps that the non -terminating party can take in order to avoid a ninety (90) day termination notice under section 6.2 of this Agreement. 6.2 Ninety -Day Termination Notice. After the ten (10) day period has run under Section 6.1 of this Agreement, the party desiring to terminate this Agreement may provide the other party ninety (90) days written termination notice, as provided in RCW 70.48.090. 7. Limited Re -Opener. The County or the Cities may request (a) during the year 2006, and during the year 2009, that the parties meet to negotiate a change to the charges being paid under Exhibit III; or (b) at any time prior to December 31, 2006, that the parties meet to negotiate a change to any operations covering Medical or Psychiatric Inmates. In the event such a request is made, the parties agree to meet and negotiate in good faith on the issue. However, if no agreement is reached, the terms of this Agreement will continue to apply. _ 8. Indemnification. 8.1 The County shall indemnify and hold harmless the City and its officers, agents, and employees, or any of them, from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by reason of or arising out of any negligent action or omission of the County, its officers, agents, and employees, or any of them. In the event that any suit based upon such a claim, action, loss, or damage is brought against the City, the County shall defend the same at its sole cost and expense; provided, that, the City retains the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment be rendered against the City and its officers, agents, and employees, or any of them, or 5 Pt 1 ** Interlocal Agreement: Jail Services jointly against the City and the County and their respective officers, agents, and employees, or any of them, the County shall satisfy the same. 8.2 The City shall indemnify and hold harmless the County and its officers, agents, and employees, or any of them, from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by reason of or arising out of any negligent act or omission of the City, its officers, agents, and employees, or any of them. In the event that any suit based upon such a claim, action, loss, or damage is brought against the County, the City shall defend the same at its sole cost and expense; provided that the County retains the right to participate in said suite if any principle of governmental or public laws is involved; and if final judgment be rendered against the County, and its officers, agents, and employees, or any of them, or jointly against the County and the City and their respective officers, agents, and employees, or any of them, the City shall satisfy the same. 8.3 In executing this agreement, the County does not assume liability or responsibility for or in any way release the City from any liability or responsibility, which arises in whole or in part from the existence or effect of City ordinances, rules or regulations. If any cause, claim, suit, action or administrative proceeding is commenced in which the enforceability and/or validity of any such City ordinance, rule or regulation is at issue, the City shall defend the same at its sole expense and if judgment is entered or damages are awarded against the City, the County, or both, the City shall.satisfy the same, including all chargeable costs and attorney's fees. 8.4 The terms of Section 8 "Indemnification" shall survive the termination or expiration of this Agreement. 9. Most Favored Treatment. The County represents and assures the City that no other city or town has or will receive more favored treatment under a contract with the County covering the Jail or jail services. If advantages are provided inmates of another city or town, like advantages shall be extended to City Inmates; and if lower rates are provided in any contract with another city or town, such reduced charges shall be extended to the City under this Agreement. This Section shall not apply to a) temporary service contracts twelve months' or less in duration; provided that such temporary service contracts shall not cause the City to pay more in maintenance charges and booking fees than the City would.have paid without such a temporary service contract; b) reciprocal bed use agreements; c) any agreement among the County and any city or town related to additional jail capacity at a new or expanded Jail; and d) any agreements for services among the County and any city or town for additional services not provided for in this Agreement. 10. Jail Agreement Administration Group (JAG). JAG is hereby established to work together to assure the effective implementation of this Agreement and resolve any Agreement or PARP administration, implementation or interpretation issues including, without limitation, issues related to inmate transportation, alternative and community correction programs, coordination with the courts and law enforcement, mental health, drug and alcohol treatment, Agreement interpretation, any capital expenditure charge or budget included in the maintenance fee, referrals of disputes under Section 4 and issues related to the expedient transfer of City Inmates into or out of alternative facilities within or outside of King County. JAG shall also negotiate any reopener of the provisions described in Section 7 of this Agreement. JAG shall be initially established by November 1, 2002. G'7 ME ** Interlocal Agreement: Jail Services The committee shall be composed of eight persons as follows: County Executive Representative (1) City of Seattle Representative (1) City of Bellevue Representative (1) Director of the Department of Adult and Juvenile Detention (1) Suburban Cities Representatives (4) The City of Seattle representative will be appointed by the Mayor of Seattle. The City of Bellevue representative will be appointed by the City Manager. The Suburban Cities Association (SCA) shall select four (4) representatives through a process defined by the SCA. The Mayor of Mayor/Council cities or the City Manager of Council/Manager cities shall appoint the representative of each city selected by the SCA. Notice of the city representatives and any changes thereto shall be provided to the County Executive. The, Committee shall meet at least quarterly. A Chair shall be selected from among the members. 11. Jail Capacity. The parties understand that the number of beds available in King County. may not meet the demands for those beds in the future. The following items attempt to address the needs of the local criminal justice system for adequate secure bed space and the County's ability to prevent excessive and unmanageable crowding conditions within capacity. 11.1 PARP. The parties agree to make a good -faith effort to cooperatively implement all provisions of the PARP. Additionally, King County agrees to be bound to the Population Alert Notification section of the PARP with the caveat that King County will not be held to the Population Alert Notification section of the PARP in the event of force majeure or computer or telecommunications failure. The parties have also prepared a Table set forth in Exhibit V. This Exhibit represents a good faith effort by the parties to estimate Jail bed demand and supply for the years 2002 through 2005. However, the King County supply scenarios contained in Exhibit V are not binding on the County. 11.2 Capacity for City Inmates. When necessary, King County will double bunk the Regional Justice Center up to 65% to accommodate City Inmates. The parties understand that the County's commitment to double bunk up to 65% at the Regional Justice Center to accommodate City Inmates means that the Countywill not set a budgetary constraint that will prevent the County from performing under the terms of this Agreement. 11.3 The Contract Cities agree to the following population reduction schedule for the aggregate number of City Inmates. A) By December 31, 2003, at the time of the Jail's Official Daily Population Count the Contract Cities agree to reduce the aggregate number of City Inmates in the Jail to 380. 7 ** Interlocal Agreement: Jail Services B) By December 31, 2004, at the time of the Jail's Official Daily Population Count, the Contract Cities agree to reduce the aggregate number of City Inmates in the Jail to 250. C) By July I, 2005, at the time of the Jail's Official Daily Population Count, the Contract Cities agree to reduce the aggregate number of City Inmates in the Jail to 220. D) By December 31, 2012, at the time of the Jail's Official Daily Population Count, the Contract Cities agree to reduce the aggregate number of City Inmates in the Jail to 0, with the exception that inmates whose status has changed to City Inmate will not be included in the calculation of the aggregate number of City Inmates if the inmate is removed from the Jail within 72 -hours of such change in status. For the purpose of determining the aggregate number of City Inmates only, and not for billing purposes, inmates held on multiple warrants by the County which include one or more city warrants in addition to a County and/or state warrant and City Inmates that have been booked into the Jail and the Contract Cities have not been notified of such booking shall not be considered a City Inmate. Also, City Inmates housed in the Jail pursuant to a reciprocal bed -use agreement will not be considered City Inmates for the purpose of determining the aggregate number of City Inmates. 11.4 The City agrees to be bound by the population reduction schedule listed in Section 11.3_ . Accordingly, in the event the aggregate City Inmate population: A) Exceeds 380 on any given day from December 31, 2003, through December 31, 2004; or B) Exceeds 250 on any given day from December 31, 2004, through June 30, 2005; or C) Exceeds 220 on any given day from July 1, 2005 to December 31, 2012; or D) Exceeds 0 on any given day after January 1, 2013, except as provided in Section 11.3; then the County will have the right to take the actions outlined in Section 11.5. 11.5 The County will notify the Contract Cities by phone or electronic mail, if the Contract Cities have exceeded the population reduction schedule described in Sections 11.3 and 11.4. The County may then decide to continue to house City Inmates in excess of the population reduction schedule listed in Sections 11.3 and 11.4. Alternatively, the County may refuse to accept bookings from the City until such time as the aggregate number of City Inmates is reduced below the population reduction schedule listed in Sections 11.3 and 11.4. If the aggregate number of City Inmates is reduced below the population reduction schedule listed in Sections 11.3 and 11.4, through removal of City Inmates from the Jail, then the County will be obligated to accept new City bookings. The notification required by the first sentence of this Section, will be made to the person 8 A-1-2--- ** Interlocal Agreement: Jail Services designated in Section 13.10 of this Agreement, and will inform the City whether the County intends to continue to house City Inmates in excess of the population reduction schedule listed in Sections 11.3 and 11.4, or whether the County will refuse to accept bookings from the City until such time as the aggregate number of City Inmates is reduced below the population reduction schedule listed in Sections 11.3 and 11.4. 11.6 The Jail's.capacity limit for Medical Inmates is twenty-six (26). The Jail's capacity limit for Psychiatric Inmates is one hundred fifty one (151). For the purpose of this Section the Medical and Psychiatric Inmate population will be determined following the definitions in Sections 1.1 l and 1.14 at the time of the Jail's Official Daily Population Count. 11.7 When the Jail has reached its capacity limit for either Medical or Psychiatric Inmates as set forth in Section 11.6, the County will notify the City by phone or electronic mail. Such notification will be made to the person designated in Section 13.10 of this Agreement. At the time this notification is made the County may request that the City take custody of a sufficient number of its Medical or Psychiatric Inmates to reduce the number of Medical or Psychiatric Inmates to the capacity limits detailed in Section 11.6, or the County may inform the City that it is willing to continue to house these inmates at the premium maintenance day charge as detailed in Exhibit III. The premium maintenance day charge in Exhibit III may only be charged when 1) the capacity limit is exceeded, 2) additional staff are assigned and compensated to serve these excess Medical or Psychiatiic Inmates, 3) additional medical or psychiatric bed capacity is created, and 4) notice is provided as detailed above in this Section. 11.8 County requests under Section 11.7 will be made as follows. The billable City with the most recent City Inmate admitted as Medical or Psychiatric Inmate will be asked to take custody of that inmate. This process will be repeated until such time as the Medical and Psychiatric populations are reduced below capacity limits, or the Jail is willing to continue to house these inmates at the premium maintenance day charge as detailed in Exhibit III. 11.9 If the County, pursuant to Sections 11.7 and 11.8, requests that the City take custody of Medical or Psychiatric Inmates, the City shall comply with the County's request. The City may take custody of its' Medical or Psychiatric Inmates by picking them up within 24 -hours of the County's request, or by notifying the County, within 24 -hours of the County's request, that the City would like the County to deliver the inmates to the City's Within eight (8) -hours of the County's request, the City may provide the County with the names of other Medical Inmates to substitute for the Medical Inmates identified for pick-up by the County. In the event the City identifies substitute Medical Inmates that are City Inmates, the provisions of Section I 1 will continue to apply. In the event the City identifies substitute Medical Inmates that are the responsibility of a different City (Substitute City), the. Substitute City will be responsible for picking -up the substitute Medical Inmates within 24 -hours of the initial request for pick-up. In the event the Substitute City fails to pick-up its Medical Inmates within 24 -hours of initial notification to the City, the County will deliver the Medical Inmates named in the original notification to the City's designated drop-off location or backup location. The substitution procedures outlined in this footnote will also apply to Psychiatric Inmates. 0 f\--1-5 ** Interlocal Agreement: Jail Services designated drop-off location or a backup location previously provided to the County,. If the City has not picked -up the Medical or Psychiatric Inmate within 24 -hours of the County's request, or the City has requested that the County take the Medical or Psychiatric Inmate to the designated drop-off location or backup location, the County will deliver the Medical or Psychiatric Inmate to the City's designated drop-off location or backup location. In either case, the City's designated drop-off location or backup location must accept delivery from the County, and must be available to do so seven days a week, twenty-four hours a day. In all cases, the County shall provide the receiving entity with Continuity of Care Records, in a sealed envelope, at the time custody is transferred. The City will ensure that the City and the receiving entity comply with all applicable confidentiality laws and rules. Similarly, the City will ensure that Continuity of Care Records are provided to the County at the time custody of a City Inmate receiving the level of care consistent with a Medical or Psychiatric Inmate is transferred to the County. 11.10 The County will transport Medical or Psychiatric Inmates to a designated drop-off location or backup location within King County, Washington without charge. The City will pay all transportation costs for Medical or Psychiatric Inmates taken to a designated drop off location or backup location outside of King County, Washington. In no case will the County be obligated to transport a Medical or Psychiatric Inmate out-of-state. 12. Transfer of Property. The parties agree that prior to July 1, 2004 the County will convey, pursuant to the terms of the Land Transfer Agreement attached as Exhibit VI, to the City of Bellevue, Washington, to hold on behalf of all Contract Cities, as third party beneficiaries, certain real property located at 1440 116' Avenue N.E. and 1412 116'' Avenue N.E., Bellevue, Washington (Property). The Contract Cities may at their sole discretion enter into an agreement with other King County cities for the purpose of providing for the disposition of the Property. The Property will be used to contribute to the cost of building secure capacity, or contracting for secure capacity, and, at the sole discretion of the Contract Cities, building or contracting for alternative corrections facilities, sufficient to enable the Contract Cities to meet the final step (occurring on December 31, 2012) of the population reduction schedule as detailed in Sections 11.3 and 11.4 of this Agreement. The parties understand that the Property may be sold or traded and the proceeds and/or land acquired from such sale or trade used for the purposes detailed in the preceding sentence. The parties further agree that in the event the cities do not build secure capacity, or contract for secure capacity, and, at the sole discretion of the Contract Cities build or contract for alternative corrections facilities, sufficient to enable the Contract Cities to meet the final step (occurring on December 31, 2012) of the population reduction schedule as detailed in Sections 11.3 and 11.4 of this Agreement the City of Bellevue shall transfer title to the Property back to the County if such Property has not been sold; or if such Property has been sold, pay the County an amount equal to the net sale price of the Property, plus investment interest earned; or if the Property has been traded, pay the County the appraised value of the Property at the time of the trade, as determined by an MIA appraiser selected by mutual agreement of King County and z The City's designated drop off location and backup location must be either a facility in the direct control of the City or a facility that is contractually obligated, consistent with the terms of this Agreement, to act as the City's designated drop-off location or backup location. The City may change their designated drop off location or backup location by notifying the County, in writing, of the change. 10 R -I,1 ** Interlocal Agreement: Jail Services the City of Bellevue, plus investment interest earned. This section shall survive any termination of this Agreement prior to December 31, 2012. 13. General Provisions 13.1 Other Facilities. This Agreement reserves in each party the power to establish a temporary holding facility during a riot or civil disobedience, to establish group homes or other care or rehabilitation facilities in furtherance of a social service program, and to comply with a final order of a federal court or a state court of record for the care and treatment of inmates. 13.2 Grants. Both parties shall cooperate and assist each other toward procuring grants or financial assistance from the United States, the State of Washington, and private benefactors for the Jail, the care and rehabilitation of inmates, and the reduction of costs of operating and maintaining Jail facilities. 13.3 Harborview Costs. Should the County be charged for hospitalization costs for City. Inmates, excluding costs reimbursable from another jurisdiction, both parties agree to reopen negotiations on this specific point. If an. impasse is reached then the process outlined in Section 4 of this Agreement will be followed. 13.4 Severability. If any provision of this Agreement shall be held invalid, the remainder of this Agreement shall not be affected thereby. 13.5 Remedies. No waiver of any right under this Agreement shall be effective unless made in writing by the authorized representative of the party to be bound thereby. Failure to insist upon full performance of any one or several occasions does not constitute consent to or waiver of any later non-performance nor does payment of a billing or continued performance after notice of a deficiency in performance constitute an acquiescence thereto. The parties are entitled to all remedies in law or equity. 13.6 Exhibits. This Agreement consists of several pages plus the following attached exhibits, which are incorporated herein by reference as fully set forth: Exhibit I Method of Determining Billable Charge and Agency Exhibit II Exception to Billing Procedure Exhibit III Maintenance Charge, Premium Maintenance Charge and Booking Fee Exhibit W Population Alert and Reduction Plan Exhibit V Comparison of Estimated King County Jail Bed Demand and Supply 2002 to 2005 Table Exhibit VI Land Transfer Agreement Exhibit VII List of Cities 13.7 Entire Agreement. This Agreement represents the entire understanding of the parties and supersedes any oral representations that are inconsistent with or modify its terms and conditions. Il Nr1-5 ** Interlocal Agreement: Jail Services 13.8 Modifications. All provisions of this Agreement may be modified and amended with the mutual written consent of the parties hereto. 13.9 Force Maieure. In the event either party's performance of any of the provisions of this Agreement become impossible due to Force Majeure, that party will be excused from performing such obligations until such time as the Force Majeure event has ended and all facilities and operations have been repaired and/or restored. 13.10 Notices. Except as otherwise provided in this Agreement, any notice required to be provided under the terms of this Agreement, shall be delivered by certified mail, return receipt requested or by personal service to the following person_ For the City: For the County: Steve Thompson, Director - King County Department of Adult and Juvenile Detention 500 5t° Avenue, MS KCF-AD-0600 Seattle, WA 98104 13.11 Agreement Offered. The County will offer this Agreement to the cities listed in Exhibit VII. Such offer is open to those cities until October 31, 2002, or such later date as may be approved by King County and all of the Contract Cities. Additionally, King County and all of the Contract Cities, by mutual agreement, may offer this Agreement to cities not listed on Exhibit VII. 13.12 Council Approval. The parties' obligations under this Agreement are subject to official City or County Council approval. 13.13 Information. The parties further agree to share data and information for the purpose of assisting the Contract Cities in the planning and construction of secure capacity, contracting for secure capacity or alternative correction facilities. 12 R -1(e King County City of Federal Way: _von Title e d Z- Date Date Approved as to Form Approved as to Form ing County City Attorney Deputy Prosecuting Attorney 2 ©� D to Date 13 IN—)—A EDITS Exhibit I Method of Determining Billable Charge and Agency Exhibit ll Exception to Billing Procedure Exhibit III Maintenance Charge, Premium Maintenance Charge and Booking Fee Exhibit IV Population Alert and Reduction Plan Exhibit V Comparison of Estimated King County Jail Bed Demand and Supply 2002 to 2005 Table Exhibit VI Land Transfer Agreement Exhibit VII List of Cities EXIMIT I Method of Determining Billable Charge and Agency Daily the billing program examines the open charges for each active booking and applies a uniform set of rules to select the billable charge. Then -the billable agency is determined from the billable charge. Under these rules, the most serious charge, as determined by type of charge (felony, investigation, misdemeanor), pretrial or sentenced status and bail amount, is considered the principal basis for incarceration, pursuant to Section 1 of this Agreement. The procedure for selecting'the billable charge is as follows. The program will proceed in sequence through the series of procedures only as far as needed to isolate one charge as billable. I . Select the only felony or investigation of felony charge. If there are more than one, go to Rule 2. If there are no felony or investigation of felony charges, proceed to Rule 3. 2. Select the charge with charge status other than Federal or Immigration. If there are no other charge statuses, determine if the charge is Federal or Immigration and bill accordingly. 3. Select the only misdemeanor charge. If there are more than one, continue to Rule 4. 4. Select the sentenced charge. Find the agency with the longest sentence. If there are no sentenced charges, go to Rule 6. If there is no longest sentence, or if all are sentences of equal length, select the charge with the earliest sentence date. 6. Select the charge for the arresting agency. If there is no arresting agency or charges, select the earliest charge entered and set the billable agency of that charge. 7. If there are no sentenced charges, and if the arresting agency has no charge, then find the agency having the highest total accumulated bail amount and select the first charge entered for that agency. 8. If bail is equal among jurisdictions and no charges are sentenced, or if all charges are sentences of equal length, select the charge having the earliest charge number. P\vtG� EXHIBIT H Exception to Billing Procedure between King County and Cities Signing the Agreement for Jail Services For persons serving the one and two day commitments pursuant to the mandatory DUI sentence grid who report directly from the community to the Jail for incarceration, inmate day shall not be defined according to Section 1.8 of the Agreement. Instead, inmate day shall be defined as a twenty-four hour period beginning at the time of booking. Any portion of a twenty-four hour period shall be counted as a full inmate day. The number of days billed for each sentence shall not exceed the sentence lengths specified on the court commitment. Two examples are provided for illustration: Two-day sentence served on consecutive days: John Doe Booked 7/l/90 0700 Released 7/3/90 0700 Number of inmate days = 2 Released 7/9/90 0700 Two-day sentence served on non-consecutive days: John Doe Booked 7/1/90 0700 Temporary. Release 7/2/90 0700 Return to Jail 7/8/90 0700 Number of Inmate days= 2 Released 7/9/90 0700 The Department of Adult and Juvenile Detention will apply this definition of inmate day to the City's direct DUI one and two-day inmates by adjusting the City's monthly bill before it is sent to the City. If the changes are not made for some reason, the City will notify the Department of Adult and Juvenile Detention, which will make the necessary adjustments. N —Z-0 EXHIBIT III Maintenance Charge, Premium Maintenance Charge & Booking Fee 1. MAINTENANCE CHARGE. The maintenance charge for 2002 is $77.37. For each calendar year thereafter the maintenance charge will be increased by 5.8 percent. In addition to the 5.8 percent increase, King County will increase the maintenance charge to capture the cost of capital expenditures. Capital expenditures are defined as the cost of repairing and renovating current jail capacity and support and administrative facilities that benefit Jail operations. Capital expenditures include the Integrated Security Project (ISP) and the Courthouse Seismic Stabilization Project (CSSP). Additional capital expenditures will be included in the maintenance charge if such expenditures benefit City Inmates. Any capital expenditure that solely benefits -County Inmates will not be charged to the City. Capital expenditures will be calculated in proportion to the square footage that benefitsadult detention. Cities will be billed their proportionate share based on the total number of inmate days. DAJD will estimate the total number of inmate days for a given year. By April 30''' of the following year DAJD will reconcile this capital expenditure number and adjust the City's next billing accordingly. The County shall provide its 6 -year CIP and its 6 -year major maintenance plan to the City on an annual basis. The County will provide a detailed line item budget of each capital expenditure. If the City disputes that the capital expenditure benefits City Inmates or otherwise disputes the inclusion of the capital expenditure or any portion of the capital expenditures' budget in the maintenance fee, the matter will be referred to JAG as described in Section 4 of this Agreement. Capital expenditures will not be charged to the City to the extent such capital expenditures are covered by federal grants, state grants, — insurance proceeds, capital maintenance reserves or voter approved capital funding for jail related improvements. King County will provide the City with a sample calculation of the maintenance charge for the years 2002-2005, which will include a rough estimate of capital expenditures. Capital expenditure charges shall begin, if debt financed, when debt service payments begin for the permanent financing of the capital expenditure and shall continue until the end of the debt amortization unless the debt amortization is less than fifteen (15) years, in which case the charges to the cities will be amortized over fifteen (15) years. If the capital expenditure is not debt financed, capital expenditure charges shall be based on actual expenditures. The County will make available documentation evidencing such expenditures. 2. PREMIUM MAINTENANCE CHARGE. The premium maintenance charge for 2002 for Medical and Psychiatric Inmates is $205.35 and may only be charged consistent with the conditions in Section 11.7 of the Agreement. For each calendar year thereafter, the premium maintenance charge will be increased by 5.8 percent. 3. BOOKING FEE. The booking charge for 2002 is $148.78. For each calendar year thereafter the booking charge will be increased by 5.8 percent. f\ -2J EXHIBIT IV Population Alert and Reduction Plan This Population Alert and Reduction Plan (PARP) attempts to balance the needs of the local criminal justice system for adequate secure bed space and the County's ability to prevent excessive and unmanageable crowding conditions. Periodic reports (at least quarterly) will be provided by the County and the Cities to the Jail Agreement Administration Group established in the Agreement on PARP implementation efforts. I. Reduction Plan: Initial Steps It is the goal of King County and the Contract Cities to avoid reaching population levels that trigger population alerts. To this end the parties will examine current practices and t6 the extent available use population reduction strategies and alternatives to secure detention programs to reduce reliance on secure jail beds. In addition, during 2002 and 2003 the following actions will be undertaken to prepare for the possibility of a mismatch between capacity and demand for secure jail beds. 1. Development and implementation of the notification system outlined below by November 15, 2002. 2. The Contract Cities will sign a contract to be effective no later than third quarter 2003 with Yakima County or another jurisdiction to achieve the population reduction schedule listed in Sections 11.3 and 11.4 of the Agreement. 3. King County Executive will make best efforts to obtain funding and implement community corrections pilot programs (Day Reporting and Work Crews) which are expected to reduce the utilization of secure capacity by 60 beds. 4. The County agrees to seek participation by the King County Prosecutor, Superior Court and District Court to develop a plan for reducing the use of secure beds. The goal would be to reduce the use of non -city secure beds based on seriousness of offense and risk to public safety, and/or risk of flight to avoid prosecution. The County agrees to make a good -faith effort to implement court approved plans for which funding has been approved. 5. The Contract Cities agree to seek participation by City prosecutors and courts to develop a plan incorporating the elements described below for reducing the use of secure beds. The goal would be to reduce the use of secure beds based on seriousness of offense and risk to public safety, and/or risk of flight to avoid prosecution. The City agrees to make a good -faith effort to implement court approved plans for which funding has been approved. 6. The JAG will discuss and provide advice on an implementation plan for all reduction plans. H. Definitions "Operational capacity" is the number of secure jail beds that can be operated by DAJD within annual adopted budget appropriation and within legal limitations including, but not limited to, limitations outlined in the Hammer settlement agreement and the Agreement with the Contract Cities. Vacancy rates at 5% for the Regional Justice Center and 2'/2% for the King County Correctional Facility will also be factored into operational capacity. In the event the County changes such vacancy rates, the County agrees to notify JAG. III. County Population Alert Notifications The County will provide the Contract Cities with a Population Alert Notification covering three categories: total population, Medical Inmates, and Psychiatric Inmates (PAN -TMP), and a Population Alert Notification for City Inmates (PAN -CI) A. Timing The PAN -TMP will be updated daily. The PAN -CI will be updated monthly with a lag time of two weeks until such time as the County is able to provide more frequent notice to the Contract Cities. B. Format The County will develop a format for the PAN -TMP and PAN -CI that has an easily understood visual element. A visual "meter" type notice graphic will be developed that will be sent to Contract Cities by automated e-mail and/or appear on the County's web site. C. Contents 1) The PAN -TMP will provide a snap shot of short-term secure bed population status by the following status groups: Total secure population Medical Inmates Psychiatric Inmates The PAN -TMP will have three levels. Alert Level VYellow - Greater than or equal to 95 percent operational capacity by category at the daily official count. Alert Level II/Orange - The jail population is between 95 percent and 100 percent of operational capacity and has maintained that level for three consecutive days. Alert Level III/Red —The jail population exceeds total operational capacity. The PAN -TMP will contain a "notes" section where the County can inform the cities of events that may affect jail population. 2) The PAN -CI will be a count of the number of City Inmates. V. Other General Notification Requirements Notice or information will be provided to the other party through the County or cities representative on the JAG as soon as it is available as follows: 2 -23 o ISP — County o Transmittal of project budget to the King County Council • Council approval of funding o Project schedule o Bid notice o Notice to proceed o Construction schedule and inmate transfer schedule o Status of contracting for secure jail beds in other jurisdictions -Cities e Signature of contracts o Financing approval o Bid notice o Notice to proceed o Construction schedule o Prisoner transfer schedule o Alternatives to Secure Detention Programs — County o The County will provide to the JAG a description of all alternative programs to secure detention (including program capacity) either directly operated by the County or operated by another entity under contract. o Notice of plans to initiate or expand alternatives and notice that plans have been implemented, including program capacity. o Copies of program placement criteria and operating protocols, including any agreements with courts. o Alternatives to secure detention programs — Cities o The City will provide to the JAG a description of all alternative programs to secure detention (including program capacity) -either directly operated by the City or operated by another entity under contract. o Notice of plans to initiate or expand alternatives and notice that plans have been implemented, including program capacity. o Copies of program placement criteria and operating protocols, including any agreements with courts. 3 EXHIBIT V (\ -25 EXHIBIT VI Land Transfer Agreement Intergovernmental Land Transfer Agreement Between King County and the City of Bellevue R -2c0 Intergovernmental Land Transfer Agreement Between King County and the City of Bellevue This Intergovernmental Land Transfer Agreement ("Agreement") is made and entered into by and between King County ("County'), and the City of Bellevue ("City'). WHEREAS the County has entered into a Jail Services Agreement ("JSA') with many of the cities located in King County ("Cities") to which this Agreement is an attachment; and WHEREAS the JSA provides for the transfer of real property located at 1440 116 1h Avenue N.E. and 1412 116'h Avenue N.E. in Bellevue, Washington, (said property is described more fully in Exhibit A and referred to herein as the "Property') to the City of Bellevue in consideration for the negotiated rate in the JSA and promises made by the Cities in the JSA related to population reduction; and WHEREAS it is in the best interest of the public that the County transfer said property to the City for the purposes detailed in the JSA; NOW, THEREFORE, in consideration of the mutual. promises contained herein and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the City and the County agree as follows: 1. Obligations of Parties 1.1 Agreement Contingent This Agreement is subject to the execution of an Interlocal Agreement ("Cities Interlocal") between the City and all other interested cities located within King County to provide for the maintenance and disposition of the Property. If the City and the other interested cities are unable to reach agreement on the terms of the Cities Interlocal prior to the date of conveyance as provided in paragraph 1.2, upon written notice from the City of Bellevue to King County, this Agreement shall, at the City's sole discretion, become null and void and the parties will have no further obligation hereunder. 1.2 Conveyance of Title On July 1, 2004, or earlier as hereinafter provided, the County will execute and deliver to the City: 1) a Statutory Warranty Deed conveying and warranting good and marketable title to parcels A, B -I and B-2 free and clear of all defects or encumbrances except for the lien of real estate taxes and drainage service charges not yet due and payable and those exceptions, defects and/or encumbrances identified on Exhibit B; and 2) a Quit Claim Deed conveying parcel C. Parcels A, B-1, B-2 and C are described more fully in Exhibit A and collectively referred to herein as the "Property." -'�R—A 1.3 The City will provide written notice to the County, upon satisfaction of all contingencies under Sections 1.1 and 6.2 of this Agreement and the County shall have sixty (60) days thereafter to deliver a conveyance to the City. 2. Existing Restrictions, Agreements, Contracts or Permits 2.1 The City shall abide by and enforce all terms, conditions, reservations, restrictions and covenants of title at the time of conveyance and/or in the deed of conveyance. 2.2 The Property will be used as required in' Section 12 of the JSA to_ enable the Cities to meet the final step (occurring on December 31, 2012) of the population reduction schedule as detailed in Sections 11.3 and 11.4 of the JSA. The parties understand that the Property may be sold or traded and the proceeds and/or land acquired from such sale or trade used for the purposes detailed in the preceding sentence. The parties further agree that in the event the cities do not comply with Section 12 of the JSA and meet the final step of the population reduction schedule as detailed in Sections 11.3 and 11.4 of the JSA, the City of Bellevue shall transfer title to the Property back to the County if such Property has not been sold; or if such Property has been sold, pay the County an amount equal to the net sale price of the Property, plus investment interest earned; or if the Property has been traded, pay the County the appraised value of the Property at the time of the trade, as determined by an MAI appraiser selected by mutual agreement of King County and the City of Bellevue, plus investment interest earned. 2.3 Should any disagreement arise between the parties as to the interpretation or application of the terms and provisions of this Agreement, the parties shall first engage in informal dispute resolution between designated City and County staff persons. If those staff persons are unable to resolve the dispute, the matter shall be referred to the City Manager and the County Executive or their respective designees. If the City Manager and the County Executive or designees are unable to resolve the dispute, the matter shall be referred to non- binding mediation. Should the mediation process fail to resolve the dispute, either party may file an action in King County Superior Court. Each party shall bear its own costs and attorney fees incurred in the dispute resolution process. 3. Condition of Property and Responsibility for. Operations, Maintenance, Repairs, Improvements, and Recreation Services 3.1 The County warrants that it has and will deliver marketable title to Parcels A, B -I and B- 2. The City has inspected and knows the condition of the Property and accepts the Property AS IS WHERE IS and WITH ALL FAULTS. More specifically, King County does not make and specifically disclaims any warranties; express or implied, including any warranty of merchantability or fitness for a particular purpose, with respect to the Property, and no official, employee, representative or agent of the County is authorized otherwise. Without limitation, the foregoing specifically excludes warranties with respect to the condition of the Property for development and/or use by City, the presence of any Hazardous Materials, 2 R -?,"6 underground storage tanks or contaminated soil, or the actual or threatened release, deposit, seepage, migration or escape of Hazardous Materials at, from or into the Property, and the compliance or noncompliance of the Property with applicable federal, state, county and local laws and regulations, including, without limitation; environmental laws. "Hazardous Materials" as used herein shall mean any hazardous, dangerous or toxic wastes, materials, or substances as defined in state or federal statutes or regulations as currently adopted or _ hereafter amended. Except as provided in Sections 4 and 5, the City acknowledges and agrees that the County shall have no liability for, and that the City shall release and have no recourse against the County for, any defect or deficiency of any kind whatsoever in the Property without regard to whether such defect or deficiency was known or discoverable by the City or the County. 3.2 Except as provided in Section 5, the County shall not have any obligation to make any changes or improvements, or to incur any expenses whatsoever for the operation, maintenance, monitoring, repair or remediation of the Property. 4.Indemnification and Hold Harmless 4.1 The County shall protect, indemnify and hold harmless the City and its elected officials, officers, agents or employees, or any of them, from and against any and all claims, actions, suits, liabilities, losses, costs, expenses or damages of any nature whatsoever arising from those occurrences related to the Property that occurred prior to the date of conveyance of the Property to the City. In the event that any suit based upon such claims, actions, suits, — liabilities, losses, costs, expenses or damages is brought against the City or the City and the County, the County shall defend the same at its sole cost and expense and, if final judgment be rendered against the City and/or its elected officials, officers, agents and employees or jointly against the City and the County and/or their respective elected officials, officers, agents and employees, the County shall satisfy the same. 4.2 Except as provided in Section 5, the City shall indemnify and hold harmless the County and its elected officials, officers, agents and employees, or any of them, from and against any and all claims, actions, suits, liabilities, losses, costs, expenses or damages of any nature whatsoever arising from those occurrences related to the Property that occurred on or after the date of conveyance of the Property to the City. In the event that any suit based upon such claims, actions, suits, liabilities, losses, costs, expenses or damages is brought against the County or the County and the City, the City shall defend the same at its sole cost and expense and, if final judgment be rendered against the County and/or its officers, agents and employees or jointly against the County and the City and/or their respective officers, agents and employees, the City shall satisfy the same. 4.3 Each Party to this Agreement shall notify the other of any and all claims, actions, suits, liabilities, losses, costs, expenses or damages that arise or are brought against that party relating to or pertaining to the Property, within thirty (30) days of receipt of such information. 4.4 Each party agrees that its obligations under this paragraph extend to any claim, demand, 3 V� -Z1 and/or cause of action brought by or on behalf of any employees, or agents. For this purpose, each party, by mutual negotiation, hereby waives, with respect to the other party only, any immunity that would otherwise be available against such claims under the Industrial Insurance provisions of Title 51 RCW, but only to the extent necessary to indemnify the other party- 4.5 arty 4.5 These indemnification provisions shall survive the conveyance of the Property and any termination of this Agreement or the JSA. 5. Environmental Liability 5.1 "Hazardous Materials" as used herein shall mean any hazardous, dangerous or toxic wastes, materials, or substances as defined in state or federal statutes or regulations as currently adopted or hereafter amended. 5.2 Nothing in this Agreement shall be deemed to waive any statutory claim for contribution that the City might have against the County under federal or state environmental statutes that arises from hazardous materials deposited or released on the Property by the County, its agents or permittees during the County's period of ownership. The City may not, however, assert such a claim to.the extent that the City exacerbates the cost of remediation upon which a statutory claim for contribution is based as a result of the City performing construction activities on the Property, changing the configuration of the Property, or changing the use of the Property The preceding sentence shall not apply to tests, inspections, studies, surveys or — appraisals conducted by the City pursuant to Section 6.l . 5.3 If the City discovers the presence of hazardous materials at levels that could give rise.to a statutory claim for contribution against the County it shall notify the County in writing as soon as reasonably practicable, but in any event not more than sixty (60) days after discovery. The parties shall make their best efforts to reach agreement as to which party is responsible for remediation under the terms of this Agreement prior to undertaking any remediation. 5.4 In no event shall the County be responsible for any costs of remediation that exceed the minimum necessary to satisfy the state or federal agency with jurisdiction over the remediation. 6. City Right of Inspection 6.1 Prior to the date of conveyance, the City shall have the right at City expense to perform any and all tests, inspections, studies, surveys or appraisals of the Property reasonably deemed necessary by the City. Upon seven (7) days written notice to the County, the City may enter the Property and conduct such tests, inspections, studies, surveys and appraisals. County representatives may attend and witness such,.tests, inspections, studies, surveys and appraisals. After conducting its tests, inspections, studies, surveys or appraisals of the Property, the City shall restore the Property, as nearly as is practicable, to its condition on the date of City's entry thereon, except to the extent that the City may be required by state or 4 JN- :�)© federal agencies to leave any exposed or altered area open for inspection and/or remediation. In addition, the City shall defend, indemnify and hold harmless the County and its elected officials, officers, agents and employees, or any of them, from all claims, demands, suits, actions, and liabilities of any kind, including injuries to persons or damages to property, which arise out of, are connected with, or are due to any negligent errors, omissions or acts of the City and/or its contractors, employees, agents, and representatives in the performance of the tests, inspections, studies, surveys or appraisals of the Property. The City specifically assumes potential liability for actions brought by the City's own employees against the County arising from such tests, inspections, studies, surveys or appraisals, and for that purpose the City specifically waives, as respects the County only, any immunity under the Worker's Compensation Act, RCW Title 51; and the City recognizes that this waiver was the subject of mutual negotiation. 6.2 If after conducting its tests, inspections, studies, surveys and appraisals the City determines, in its sole discretion, that condition(s) exist on the Property that will substantially impact the salability of the Property (other than naturally occurring conditions), the City may request that the County remediate such condition(s). In the event that the County fails, within 90 days of receiving the request from the City, to agree to such remediation, or thereafter fails, within a reasonable period of time (but in any event prior to the date of conveyance of the Property), to accomplish such remediation, this Agreement shall, at the City's sole discretion, upon written notice to the County, become null and void and the parties shall have no further obligations under this Agreement or the JSA with respect to this Property. 6.3 Within thirty (30) days of the execution of this Agreement, the County shall provide the City with copies of all of its records related to the County's acquisition and maintenance of and to the condition of the Property. 7. Legal Relationship 7.1 The parties to this Agreement execute and implement this Agreement solely as County and City. No partnership, joint venture or joint undertaking shall be construed from this Agreement. 8. Waiver and Amendments 8.1 Waiver of any breach of any term or condition of this Agreement shall not be deemed a waiver of any prior or subsequent breach. No term or condition shall be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. 9. Entire Agreement and Modifications 9.1 The JSA and this Intergovernmental Agreement and its Exhibits set forth the entire agreement between the parties with respect to the subject matter hereof. Any amendment or modification of the terms of this Agreement must be made in writing and signed by both parties hereto. 5 IN- 3 1 10. Duration and Authority 10.1 This agreement shall be effective upon signature by the authorized signatories of and authorization by the legislative bodies of both parties. The terms, conditions, covenants, and representations contained herein and in the JSA shall not merge into the deed of conveyance, but shall survive the conveyance and shall continue in force. 10.2 Termination of this Agreement by the City pursuant to Section LI or 6.2 shall have no effect upon the terms and enforceability of the JSA except for Section 12 of the JSA. 11. Assignment. 11.1 The City shall not assign this agreement or any rights hereunder except to the cities or another city representing the cities for whose benefit this conveyance of the Property is to be made, and then only if the assignee(s) assume(s) all obligations of the City under this Agreement. 12. Negotiation and Construction. 12.1 This Agreement and each of its terms and provisions are deemed to have been explicitly negotiated between the parties, and the language in all parts of this Agreement will, in all cases, be construed according to its fair meaning and not strictly for or against either party. All parties acknowledge and represent, as an express term of this Agreement, that they have had the opportunity to obtain and utilize legal review of the terms and conditions outlined in this Agreement, although each party must determine if they wish to obtain and pay for such legal review. Each party shall be and is separately responsible for payment of any legal services rendered on their behalf regarding legal review of the terms found in this Agreement. 13. Notice 13.1 Any notice provided for herein. shall be sent to the respective parties at: King County City [INSERT INFO] [INSERT INFO] IN WITNESS WHEREOF, the parties have executed this Agreement. King County City of Bellevue King County Executive Date Approved as to Form: City Manager Date Approved as to Form: King County . City Attorney Senior Deputy Prosecuting Attorney Date Date 7 --33 STATE OF WASHINGTON ss. COUNTY OF KING On this day personally appeared before me 'to me known to be the of KING COUNTY, the municipal corporation and political subdivision of the State of Washington that executed the foregoing instrument, and acknowledged such instrument to be the free and voluntary act and deed of such municipal corporation and political subdivision, for the uses and purposes therein mentioned, and on oath stated that he was duly authorized to execute such instrument. GIVEN UNDER MY HAND AND OFFICIAL SEAL this day of .2002. Printed Name NOTARY PUBLIC in and for the State of Washington, residing at My Commission Expires STATE OF WASHINGTON ss. COUNTY OF KING On this day personally appeared before me , the of known to me to be the City that executed the foregoing instrument, and acknowledged such instrument to be [his/her] free and voluntary act and deed for the uses and purposes therein mentioned, and on oath stated that [he/she] was duly authorized to execute such instrument. GIVEN UNDER MY HAND AND OFFICIAL SEAL this day of 2002. Printed Name NOTARY PUBLIC in and for the State of Washington, residing at My Conunission Expires 8 F\ -M EXHIBIT A Legal Descriptions Parcel A: Lots 3 and 4 of Bellevue Short Plat No. 7843 as recorded under Recording No. 7807030722, records of King County, Washington; EXCEPT the South 10 feet thereof. Parcel B-1: That portion of the South 267.6 feet of the North 634.7 feet of the NW 1/4 of the SW 1/4 of Section 28, Township 25 North, Range 5 East, W.M., in King County, Washington, lying Westerly of the Northern Pacific Railway Right -of -Way; EXCEPT the North 242 feet of the West 450 feet thereof, AND EXCEPT the West 30 feet thereof for I 16 h Avenue NE; AND EXCEPT the South 26.6 feet of the West 250 feet thereof. Parcel B-2: An easement for access for the benefit of Parcel B-1 as granted and set forth in document recorded under Recording No. 7908020842, records of King County, Washington. Parcel C: The South 10 feet of the North 367.10 feet, measured along the Westerly line thereof, of that portion of the Northwest quarter of the Southwest quarter of Section 28, Township 25 North, Range 5 East, W.M., lying Westerly of the right of way of Burlington Northern, Inc., successor to Northern Pacific railway Company, Except the West 450 feet thereof. All situated in King County, Washington. 9 N-35 EXHIBIT B (To be attached) 10 fA-5 v Algona Auburn Beaux Arts Bellevue Black Diamond Bothell Burien Carnation Clyde Hill Covington Des Moines Duvall Federal Way Hunts Point Issaquah Kenmore Kirkland Lake Forest Park Maple Valley Medina Mercer Island Milton Newcastle Normandy Park North Bend Pacific Redmond Renton Sammamish Sea Tac Seattle Shoreline Skykomish Snoqualmie Tukwila Woodinville Yarrow Point EXHIBIT VII List of Cities N- 3---1 MR. CITY OF FEDERAL WAY CITY COUNCIL PARKS/RECREATION/HUMAN SERVICES/ PUBLIC SAFETY COMMITTEE October 14, 2002 Meeting Date: September 30, 2002 From: Donna Hanson, Assistant Manager Via: David H. Mosele pager - Subject: Addendum to Yakima County Jail Contract Background: In an effort to contain increasing costs, the City of Federal Way began contracting for jail services with jurisdictions other than King County in 1999. City Council approved an agreement with the City of Fife for misdemeanor defendants incarcerated prior to being sentenced or those with short sentences. Post -sentence misdemeanants with longer sentences are sent to Chelan, Okanogan, and Yakima County jails. However, some Federal Way prisoners are still being sent to King County jail, either because they are female (Fife jail accepts only male prisoners), or because they are awaiting trial on charges from other jurisdictions, and transporting them out of the county would create too many problems and costs during the subsequent proceedings. In May, 2001, King County gave notice to Federal Way and other cities on termination of the jail contract. During the course of negotiations over a new jail contract with King County, the County proposed cutting back the cities' jail capacity in the near term, eventually ceasing to provide cities misdemeanor jail services entirely. The cities then began proactively exploring other options for collectively contracting misdemeanant jail services. During the course of these discussions, the cities were approached by Yakima County about a long-term jail contract under which Yakima County, rather than King County, would be the primary provider of the cities' post -sentence misdemeanant jail services. Yakima County offered these jail services at a lower cost than King County. In June, 2002, City Council approved a contract with Yakima County. Yakima County then notified the cities that they needed to revise some of the terms of the contract as follows: • Changes in Definition of Minimum Bed Commitment. The Yakima Long Term Jail Agreement contained certain dates for completion of the new misdemeanant jail facility and the Contract Cities' obligation to deliver a defined number of inmates by a date certain. These dates have been pushed back at the request of Yakima County, but are still workable within the King County Jail Contract timeframes. Section 1 of the Addendum revised the dates in the definition of "Minimum Bed Commitment" as follows: Minimum Bed Commitment means the bed commitment made by the Cities to maintain an ADP in Yakima county jail facilities equal to 150 City Inmates from the effective date of this Agreement until June Se tep tuber 30, 2003 and equal to 440 City Inmates from Ju4y- ctober 1, 2003 until the termination of this Agreement. Yakima is Obligated to Accept City Inmates. Section 4 of the Addendum correspondingly makes the same date changes regarding Yakima County's contractual obligation to accept a certain number of City Inmates. Yakima must accept up to 150 inmates after the effective date of the Agreement and up to 440 inmates after October 1, 2003. If King County refuses to accept our inmates, Yakima agrees to use "best efforts" to find space by contracting with other jail facilities (e.g. Benton County). Further, if Yakima has capacity over the 440 -bed commitment, they agree to accept additional inmates. Daily Rate. Section 6 of the Addendum maintains the 2002 daily rate of $56. However, the rate is based upon a $51 daily inmate fee plus a $5 medical fee. The Long Term Jail Agreement provided for a $46 daily inmate fee and a $10 medical fee. During 2002, the Contract Cities' average medical costs per inmate per day were approximately $2.40 to $2.60. When and if our daily costs exceed $5, the Contract _ Cities will be responsible for such medical costs over $5. The $56 rate continues to be limited to a 5% annual increase commencing January 1, 2003 and continuing over the seven (7) year term of the Agreement. Yakima will provide. the Contract Cities with a quarterly statement providing a detailed description of the medical services and costs. Yakima will use its best efforts to contain medical costs. The Contract Cities will use the Jail Advisory Group formed under the Cities separate Interlocal to discuss any allocation of medical costs in excess of $5 per day. Yakima County agrees to use best efforts to take advantage of the best available state pharmacy programs or to have an operational in-house pharmacy on or before acceptance of long term inmates. • Changes in the Effective Date. Section 2 of the Addendum changes the "effective date" of the Long Term Jail Agreement from September 1, 2002 to November 1, 2002. By November Is`, Contract Cities representing at least 90% of the 440 minimum bed commitment must have approved the Long Term Jail Agreement in order to make the Agreement effective. Once Seattle signs the Long Term Agreement (anticipated to be in mid-October), the Contract Cities will have achieved this ratio of 90%. Changes in Date to Complete the New Jail Facility. Section 2 of the Addendum extends the completion date for the new jail facility from July 1, 2003 until July 1, 2004. Yakima requires this time period to obtain financing and complete construction of the new jail facility. Under the terms of the recently negotiated King B -2 County Jail Services Agreement, the Contract Cities are required to reduce the Cities' misdemeanant population to 0 in King County jail facilities by January 1, 2013. • Telephone Access. Section 5 of the Addendum provides that Yakima will provide telephone access to inmates' attorneys. The Contract Cities will pay for that service. By a separate agreement, cities can also utilize Yakima's video conferencing capability. • Right to Refuse Inmates. Section 7 of the Addendum revised the provision detailing Yakima's right to refuse inmates. Yakima may only refuse to accept a city inmate if the city inmate: (i) would require 24-hour per day medical attention as a result of a life-threatening illness or injury or uncontrollable behavior resulting from an acute psychiatric disorder; (ii) would require regular medical staff assistance in connection with mobility, bodily function or personal hygiene needs due to a lack of ambulatory ability; (iii) has a unique medical condition for which Yakima County is unable to obtain medical services;'(iv) has been convicted of escape from a secure jail facility; or, (v) has been convicted of assault on any correction officer or staff. Staff Recommendation: Staff recommends that the Parks, Recreation, Human Services, and Public Safety Committee approve the proposed Addendum to the Interlocal Agreement Between Yakima County and the Cities for 2002-2010. Committee Recommendation: Approve the Addendum to the Interlocal Agreement Between Yakima County and the Cities, and forward to full Council for consideration at the October 15, 2002, Council meeting in order to meet the November 1, 2002 deadline. 1.^.r4 w A r ,I�ITTI��ErR�POltl � t ;' ��=u �s �j,��sr�r;. ;• *�fl41 �fa�* k•d.""k'v W�` �Ir,�ra �'Ryl e tM °i wa r{,''�,I �va.J{r 'a`L�'�'ry(^u n"'" Tf +' ppp i i ee ha r ~ Cor�m�ttec.Membe>i� < CommttO 1Vlember F ADDENDUM TO INTERLOCAL AGREEMENT BETWEEN YAKIMA COUNTY, WASHINGTON AND THE CITIES OF ALGONA, AUBURN, TOWN OF BEAUX ARTS VILLAGE, BELLEVUE, BLACK DIAMOND, BOTHELL, BURIEN, CARNATION, CLYDE HILL, COVINGTON, DES MOINES, DUVALL, FEDERAL WAY, ISSAQUAH, KENMORE, KIRKLAND, LAKE FOREST PARK, MAPLE VALLEY, MEDINA, MERCER ISLAND, NEWCASTLE, NORMANDY PARK, NORTH BEND, PACIFIC, REDMOND, RENTON, SAMMAMISH, SEATAC, SEATTLE, SHORELINE, SKYKOMISH, SNOQUALMIE, TUKWIL- A, WOODINVILLE AND TOWN OF YARROW POINT, WASHINGTON, FOR THE HOUSING OF INMATES BY YAKIMA COUNTY DEPARTMENT OF CORRECTIONS AND SECURITY THIS ADDENDUM TO THE INTERLOCAL AGREEMENT FOR THE HOUSING OF INMATES BY YAKIMA COUNTY DEPARTMENT OF CORRECTIONS AND SECURITY ("Agreement") is made and entered into on this _ day of , 2002 by and between the Cities of Algona, Auburn, Town of Beaux Arts Village, Bellevue, Black Diamond, Bothell, Burien, Carnation, Clyde Hill, Covington, Des Moines, Duvall, Federal Way, Issaquah, Kenmore, Kirkland, Lake Forest Park, Maple Valley, Medina, Mercer Island, Newcastle, Normandy Park, North Bend, Pacific, Redmond, Renton, Sammamish, SeaTac, Seattle, Shoreline, Skykomish, Snoqualmie, Tukwila, Woodinville and Town of Yarrow Point, Washington ("Cities'), and Yakima County, Washington ("Yakima County"). WHEREAS Yakima County and the cities named above intend to enter into a long term agreement ("the Agreement") for housing of city inmates by Yakima County; and WHEREAS numerous cities have signed the Agreement; and WHEREAS certain provisions of the Agreement require modification before final execution and the parties have determined that the most efficient method of making such modifications is for this addendum to be executed contemporaneously with Yakima County signing the Agreement. _ THEREFORE, the provisions of the Interlocal Agreement between Yakima County, Washington and the cities named above for housing of inmates are amended as follows: ) ADDENDUM TO INTERLOCAL AGREEMENT ORIGINAL FOR HOUSING OF INMATES BY YAKIMA COUNTY Page 1 of 10 Section 1. Section 1(g) of the Agreement is hereby amended as follows: (g) Minimum Bed Commitment means the bed commitment made by the Cities to maintain an ADP in Yakima county jail facilities equal to 150 City Inmates from the effective date of this Agreement until September 30, 2003 and equal to 440 City Inmates from October 1, 2003 until the termination of this Agreement. Section 2. Section 2 of the Agreement is hereby amended as follows: (a) Effective Date - Execution of Agreement. Yakima County expects to authorize the construction and equipping of new correctional facilities to be located in Yakima County ("New Jail Facility"). The effective date of this Agreement and the obligations. of Yakima County and the Cities shall commence only when this Agreement has been executed by a sufficient number of Cities to represent 90% of the 440 Minimum Bed Commitment. The Cities have estimated each City's respective jail population as set forth on the signature page. These estimates shall in no way obligate each City individually to deliver these estimated populations, but are provided solely for the purpose of setting an effective date to. this Agreement and committing the Cities to collectively provide the 440 Minimum Bed Commitment. In the event this Agreement is not fully executed on or before November 1, 2002 by a sufficient number of Cities as described above, this Agreement shall be null and void and no party to this Agreement shall be subject to liability of any kind arising out of this Agreement. (b) Permits and Financing. Yakima County is exercising best efforts to obtain the necessary permits and financing for the siting and construction of the New Jail Facility. The obligation of Yakima County to provide the Minimum Bed Commitment in excess of 150 beds is conditioned upon Yakima County issuing bonds for the financing of the New Jail Facility no later than December 31, 2002 and obtaining the necessary building permits. In the event that Yakima County is unable for any reason to issue such bonds on or before December 31, 2002 or obtain such permits, Yakima County may elect to terminate this Agreement and no party to this Agreement shall be subject to liability of any kind arising out of this Agreement. (c) Completion of New Jail Facility. Following the commencement of construction, Yakima County agrees to exercise due diligence to complete the New Jail Facility, the occupancy date, following the shakedown period, is currently estimated by Yakima County to be July 1, 2004. Upon receipt of a full or temporary certificate of occupancy for the New Jail Facility, and upon completion of the required "shakedown period," Yakima County agrees to accept City Inmates pursuant to this Agreement in the New Jail Facility. Section 3. Section 3 of the Agreement is hereby amended as follows: The term of this Agreement shall commence upon the Effective Date and shall end at 11:59 p.m. on December 31, 2010, subject to earlier termination as provided by Section 4 of this Agreement. This Agreement may be renewed for any successive period by written addendum under terms and conditions acceptable to all of the parties. ADDENDUM TO INTERLOCAL AGREEMENT FOR HOUSING OF INMATES BY YAKIMA COUNTY B_5 Page 2 of 10 1 Section 4. Section 6(b) of the Agreement is hereby amended as follows: (b) Minimum Bed Guarantee. From and after the Effective Date of the Agreement and continuing until September 30, 2003, Yakima County guarantees a minimum of 150 daily jail beds for City Inmates. Commencing October 1, 2003 and continuing until this Agreement is terminated, Yakima County guarantees a minimum of 440 daily jail beds for City Inmates. If King County, Washington refuses to accept City Inmates prior to October 1, 2003, Yakima County will use best efforts to accept additional City Inmates by contracting for additional jail capacity for City Inmates. If Yakima County has jail bed capacity in excess of this minimum guarantee, Yakima County will accept additional City Inmates if requested by the Cities. Prior to constructing new jail capacity beyond the Jail Facility, Yakima will contact the Cities and offer to reduce the Minimum Bed Commitment. If any City voluntarily agrees to such a reduction, the Minimum Bed Commitment shall be reduced by the amount of beds the City agrees to return to Yakima for its use. Section 5. Section 6 of the Agreement is herby amended by adding the following subsection (d): (d) - Yakima County. shall provide the Cities' Inmates with confidential telephone or in person access to. their attorneys during their period of incarceration at the Yakima County Jail at no cost to the inmate. Each. City shall reimburse Yakima County or cause Yakima County to be reimbursed for the cost of that City's Inmates' long distance telephone calls within 30 days of receipt of invoice from the County. By separate mutual agreement, the County and a City may provide video conference. capabilities for the City's Inmates' communication with the inmates' attorneys, families or other persons or agencies. Section 6. Subsection 7(a) of the Agreement is hereby amended in its entirety to provide as follows: (a) Daily Fee. In consideration of Yakima County's commitment to provide Care for City Inmates, the Cities agree to pay Yakima County a daily fee for the housing and Care of each City Inmate, including all medical, psychiatric and dental costs. Yakima County shall not charge a booking fee or any other fees in connection with the Care of City Inmates. The following daily fee, which shall increase at a rate of 5% per annum as shown, includes a per inmate per day (i) bed maintenance fee and (ii) Medical Payment: ADDENDUM TO INTERLOCAL AGREEMENT FOR HOUSING OF INMATES BY YAKIMA COUNTY Page 3 of 10 YEAR DAILY FEE PER CITY INMATE (bed maintenance fee + $5 Medical Payment) 2002 $ 56.00 2003 $ 58.80 2004 $ 61.74 2005 $ 64.83 2006 $ 68.07 2007 $ 71.47 2008 $ 75.05 2009 $ 78.80 2010 $ 82.74 Yakima County shall pay for all medical, psychiatric, and dental costs of the Cities' Inmates in exchange for the payment by the Cities of an amount equal to $5 per day per inmate ("Medical Payment"). Medical Payments shall be made from a designated fund maintained by Yakima County. Such fund shall consist of deposits made by each City in an amount equal to $5 per day per City Inmate. Yakima County shall provide monthly reports with its billing statement describing its medical, psychiatric, and dental account balance(s) and payments made from each such account, including provider name, inmate name, name of City being charged for such inmate, dollar amount paid, and description of medical, psychiatric and/or dental service provided. Each quarter Yakima County shall send to the Cities and accounting of the medical fund. In the event Yakima County's actual medical, psychiatric, and dental costs exceed the funds available in the .Medical Payment fund, the cities agree to compensate Yakima County for all said costs within 30 days following receipt of said medical billing. Yakima County agrees to use best efforts to take advantage of the best, available . state pharmacy programs or to have an operational in-house pharmacy on or before. acceptance of long term inmates. Section 7: Section 18(b) of the Agreement is hereby amended by deleting existing Section 18 (b) in its entirety and replacing it with the following: 18(b) Yakima County shall have the right to refuse to accept a City Inmate and to return such Inmate to a City when, in the reasonable and informed judgment of Yakima County, such City Inmate: (i) would require 24-hour per day medical attention as a result of a life-threatening illness or injury or uncontrollable behavior resulting from an acute psychiatric disorder; (ii) would require regular medical staff assistance in connection with mobility, bodily function or personal hygiene needs due to a lack of ambulatory ability; (iii) has a unique medical condition for which Yakima County is unable to obtain medical services, (iv) has been convicted of escape from a secure jail facility; or (v) has been convicted of assault on any correction officer or staff. If an ADDENDUM TO INTERLOCAL AGREEMENT FOR HOUSING OF INMATES BY YAKIMA COUNTY Page 4 of 10 v~ Inmate is being returned to the City pursuant to this Section, the cost of transport shall be paid by the City unless the transport can be made by Yakima County within the terms set forth in Section 5 of this Agreement. Section 8: This Addendum may be executed in any number of counterparts. Except as otherwise amended by this Addendum, the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the above and foregoing Addendum has been executed in duplicate by the parties hereto and made effective on the day and year first above written: BOARD OF YAKIMA COUNTY COMMISSIONERS By: ATTEST: Carla Ward, Clerk of the Board of Yakima County Commissioners Approved as to Form: Ronald F. Gamache, Chairman By: James M. Lewis, Commissioner By: Ronald S. Zirkle Yakima County Prosecuting Attorney Jesse S. Palacios, Commissioner CITY OF ALGONA, WA By: Approved as to Form Glenn Wilson, Mayor Estimated ADP: George Kelley, Algona City Attorney CITY OF AUBURN, WA By: Approved as to Form: Pete Lewis, Mayor Estimated ADP: Daniel B. Heid, Auburn City Attorney TOWN OF BEAUX ARTS VILLAGE, WA By: Approved as to Form Charles R. Lowry, Mayor Estimated ADP: Wayne Stewart, Town Attorney CITY OF BELLEVUE, WA By: Approved as to Form Steve Sarkozy, City Manager Estimated ADP: Richard L. Andrews, Bellevue City Attorney CITY OF BLACK DIAMOND, WA By: Approved as to Form Howard Botts, Mayor Loren D. Combs, City Attorney ADDENDUM TO INTERLOCAL AGREEMENT FOR HOUSING OF INMATES BY YAKIMA COUNTY�� Page 5 of 10 Estimated ADP: CITY OF BOTHELL, WA Approved as to Form: By: Jim Thompson, City Manager Michael E. Weight, Bothell City Attorney Estimated ADP: CITY OF BURIEN, WA Approved as to Form: By: Gary P. Long, City Manager Lisa Marshall, Burien City Attorney Estimated ADP: CITY OF CARNATION, WA Approved as to Form: By: Woody Edvalson, City Manager Phil A. Olbrechts, Carnation City Attorney Estimated ADP: CITY OF CLYDE HILL, WA Approved as to Form By: George S. Martin, Mayor Clyde Hill City Attorney Estimated ADP: CITY OF COVINGTON, WA -Approved as to Form: — By: Andy Dempsey, City Manager Duncan C. Wilson, Covington City Attorney Estimated ADP: CITY OF DES MOINES, WA Approved as to Form By City Manager Des Moines City Attorney Estimated ADP: CITY OF DUVALL, WA Approved as to Form By: Becky Nixon, Mayor John L. O'Brien, Duvall City Attorney Estimated ADP: CITY OF FEDERAL WAY, WA Approved as to Form: By: By: David H. Moseley, City Manager Robert C. Sterbank, Federal Way Estimated ADP: City Attorney CITY OF ISSAQUAH, WA Approved as to Form By: By: Ava Frisin er, Mayor Wayne D. Tanaka, Issaquah ADDENDUM TO INTERLOCAL AGREEMENT 1�^� FOR HOUSING OF INMATES BY YAKIMA COUNTY Page 6 of 10 Estimated ADP: City Attorney CITY OF KENMORE, WA Approved as to Form By Stephen L. Anderson, City Manager Michael R. Kenyon, Kenmore City Attorney Estimated ADP: CITY OF KIRKLAND, WA Approved as to Form By: David Ramsay, City Manager Gail Gorud, Kirkland City Attorney Estimated ADP: CITY OF LAKE FOREST PARK, WA Approved as to Form By: David R. Hutchinson, Mayor Michael P. Ruark, Lake Forest Park Estimated ADP: City Attorney CITY OF MAPLE VALLEY, WA Approved as to Form: By John F. Starbard, City Manager Maple Valley City Attorney Estimated ADP: CITY OF MEDINA Approved as to Form By: Douglas J. Schulze, City Manager, Kirk R. Wines, Medina City Attorney Estimated ADP: CITY OF MERCER ISLAND, WA Approved as to Form: By. Richard M. Conrad, City Manager Londi K. Lindell, Mercer Island City Attorney Estimated ADP: CITY OF NEWCASTLE, WA Approved as to Form: Andrew J. Takata, City Manager Newcastle City Attorney Estimated ADP: CITY OF NORMANDY PARK, WA Approved as to Form By. Merlin MacReynold, City Manager Susan Rae Sampson, Normandy Park Estimated ADP: City Attorney CITY OF NORTH BEND, WA Approved as to Form By: Joan Simpson, Mayor Michael R. Kenyon, North Bend City Attorney ADDENDUM TO INTERLOCAL AGREEMENT FOR HOUSING OF INMATES BY YAKIMA COUNTY 6_10 Page 7 of 10 Estimated ADP: CITY OF PACIFIC, WA Approved as to Form: By: Howard Erickson, Mayor Bruce Disend, Pacific City Attorney Estimated ADP: CITY OF REDMOND, WA Approved as to Form: Rosemarie Ives, Mayor Redmond City Attorney Estimated ADP: CITY OF RENTON, WA Approved as to Form: By: Lawrence J. Warren, Renton City Attorney Jesse Tanner, Mayor Estimated ADP: CITY OF SAMMAMISH, WA Approved as to Form By Ben Yazici, City Manager' Bruce Disend, Sammamish City Attorney Estimated ADP: CITY OF SEATAC, WA Approved as to Form: By: City Manager Robert L. McAdams, SeaTac City Attorney Estimated ADP: CITY OF SEATTLE, WA Approved as to Form: By: Gregory J. Nickels, Mayor Thomas A. Carr, Seattle City Attorney Estimated ADP: CITY OF SHORELINE, WA Approved as to Form By: Steven Burkett, City Manager Ian Sievers, Shoreline City Attorney Estimated ADP: CITY OF SKYKOMISH, WA Approved as to Form By: Skip Mackner, Mayor Skykomish City Attorney Estimated ADP: CITY OF SNOQUALMIE, WA Approved as to Form: By: Randy Fuzzy Fletcher, Mayor Pat Anderson, Sno ualmie City Attorney ADDENDUM TO INTERLOCAL AGREEMENT FOR HOUSING OF INMATES BY YAKIMA COUNTY ' Page 8 of 10 Estimated ADP: CITY OF TUKWILA, WA Approved as to Form: By: Steve Mullet, Mayor Robert F. Noe, City Attorney Estimated ADP: CITY OF WOODINVILLE, WA Approved as to Form: By: Pete Rose, City Manager Wayne D. Tanaka, Woodinville City Attorney Estimated ADP: TOWN OF YARROW POINT Approved as to Form: By: Jeanne R. Berry, Mayor Wayne Stewart, Yarrow Point Town Attorney Estimated APP: STATE OF WASHINGTON ) ) ss. COUNTY OF ) On this day personally appeared before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, , to me known to be the City Manager/Mayor of the City/Town of a Washington municipal corporation, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. Given under my hand and official seal this day of 12002. (notary signature) (typed/printed name of notary) Notary Public in and for the State of Washington My commission expires: Interlocal to be filed with the Yakima County Auditor ADDENDUM TO INTERLOCAL AGREEMENT`) FOR HOUSING OF INMATES BY YAKIMA COUNTY Page 9 of 10 ADDENDUM TO INTERLOCAL AGREEMENT FOR HOUSING OF INMATES BY YAKIMA COUNTY �- 3 Page 10 of 10 5.0 CITY OF FEDERAL WAY PARKS, RECREATION AND CULTURAL SERVICES MEMORANDUM Date: October 3, 2002 To: PRHSPS Council Committee From: B Sanders, Park Planning & Development Coordinator Via: David Mo enager Subject: PURCHASE O PLANTS FOR DUMAS BAY CENTRE RENOVATION PROJECT Background: The Dumas Bay Restoration Project will include the purchase and installation of more than 11,000 plants. The original cost estimate for purchasing plants as part of the overall contract was approximately $90,000. City staff felt that the City would be able to purchase these plants directly at a significantly lower cost. The City issued a Request for Bids on August 30th, 2002, and received five bid proposals. Bidders had been requested to provide unit costs for each of the 1 I plant species in two different sizes. Staff examined the bids and prepared an analysis of the total bid price for each bidder, at the different plant sizes. Three of the bids received are from companies that are able to supply almost the entire plant list. The bid amounts are: 01 I I'M A-1 Landscaping and , n 01" > ' n...... . ...... � . $68,001.63 a 8 F �.�.. v..eA ' !r. .......�.......... $44,030.82 Construction, Inc. Out West Landscape & $71,890.69 $33,609.08 Irrigation Inc. Pacific Plants, Inc. $47,522.07* $27,620.92 * Pacific Plants, Inc. does not have 2 plant species in these sizes, which accounts somewhat for the large difference in prices with the other two bidders. Staff Recommendation: Some plants become established more easily as young plants, therefore it is recommended that these be purchased in smaller sizes, such as one gallon containers. C-1 Other plants that take root more easily are recommended in the larger,sizes. Pacific Plants, Inc. of Issaquah submitted the lowest overall bid on both the large and small size plants. The Parks Department has purchased plants from Pacific Plants in- the past and has been satisfied with the quality of plants and the company's service. Therefore, staff recommends that the City award the purchase to Pacific Plants, Inc. Committee Recommendation: Motion to recommend to Council a "do pass" to accept Pacific Plants, Inc. of Issaquah, WA., as contractor to provide plants for the Dumas Bay Centre Restoration Project at a total bid amount of $46,000.08, which includes Washington State Sales Tax, and to place this item before Council on October 15, 2002. APPROVAL OF (:0MM1T'F14,'. REPDXF: Committee Chair _ . -__ - . Committee Mcmlier: - Committee 1Va'ember _--- 5.D CITY OF FEDERAL WAY PARKS, RECREATION AND CULTURAL SERVICES MEMORANDUM Date: October 7, 2002 To: PRHSPS Council Committee From: Aaron Moe, #ecrettion Coordinator Via: David M e , Manager Subject: 2002-2003 Yo h Commission Work Plan Background: On September 25, 2002, the Youth Commission held a special meeting to develop a work plan for the 2002-2003 school year. The primary activities of the Commission are listed below: • Youth At Klahanee (YAK) - (November) • Advisory Committee — Ongoing (Forum in early December) • Adopt -A -Family — mid-December • Martin Luther King Jr. Celebration — mid-January • Inter -Generational Program (February, then ongoing) • Talent Show -Musical (March) • Teen Art Expo (March) • Youth Recognition Night — (April) • Adopt -A -Beach — (June) • Battle of the Bands — (August) • NPO (Non -Profit Organization) Committee (Ongoing) • Special Events Coordination (Ongoing) A copy of the Work Plan that outlines the activities has been included for review. Committee Recommendation: Motion to recommend to Council a "do pass" to accept the 2002-2003 Youth Commission Work Plan, and to place this item before Council on November 5, 2002. APPROVAL OF COMMITTEE REPORT: Committee .Chair Committee Member C6mmittee Member '�) -1 City of Federal Way Youth Commission 2002-2003 Work Plan 1. Youth at Klahanee (Y.A.K.) • Hold three youth nights at Klahanee Lake or Knutzen Family Theatre in November, February and May. Co -Chairs: Almita Magbalot and Caitlyn Johnson Sub -committee members: John Tavares, Kelsey Tyler; Elise Vaughan, Jessica De Hart, Sarah Lee 2. Advisory Committee • Hold two youth forums with representation from all High Schools and Junior Highs in Federal Way. December and May. • Attend City Council Meetings when there are youth/teen related issues on the agenda. • Keep City Council informed of Youth Commission activities. Co -Chairs: Lindsay Newport and Caitlin Johnson Sub -committee members: Entire commission 3. Adopt -A -Family • Sponsor a family during the holiday season. Late December Co -Chairs: Kelsey Martin and Almita Magbalot Sub -committee members: Jessica Cato, Elise Vaughan, Sarah Lee 4. Martin Luther King Jr. Celebration • Work with and assist Diversity Commission with event. Late January Co -Chairs: Kelsey Tyler and Sarah Lee Sub -committee members: Entire commission 5. Inter -Generational Program • Work with Junior High and High schools to entertain/ interact with seniors at Klahanee Lake. February. Co -Chairs: Lindsay Newport and Ray Quero Sub -Committee members: Almita Magbalot, Elise Vaughan, Jessica Cato, Meera Kumar 6. Talent Show/Musical • Sponsor and present an all -city youth and teen talent show at Knutzen theater. Late March Co -Chairs: Meera Kumar and Megan Loo Sub -Committee members: Rachel Hoolahan, Caitlin Johnson, Bryan Yambe, John Tavares, Lindsay Newport, Jessica De Hart T'_�-2 7. Teen Art Expo • Work with Arts Commission to solicit youth and teen artwork to be displayed at Knutzen Theatre during the talent show. Late March Co -Chairs: Kelsey Tyler and Almita Magbalot Sub -Committee members: Sarah Lee, Ray Quero 8. Youth Recognition Night • Recognize Federal Way youth and teens at the Knutzen Theatre. April Co -Chairs: Lindsay Newport and John Tavares Sub -Committee: Sam Kirsch, Bryan Yambe, Caitlin Johnson, Almita Magbalot, Megan Loo, Meera Kumar 9. Adopt -A -Beach • Spend a day cleaning a beach in Federal Way. Late June Co -Chairs: John Tavares and Elise Vaughan Sub -Committee members: Entire Commission 10. Battle of the Bands • Host local teen bands at the Skate Park for a concert competition. August Co -Chairs: Megan Loo and Sam Kirsch Sub -Committee members: Entire Commission 11. NPO Committee (Non -Profit Organization) • Help to support a local, non-profit organization that works with teens through Youth Commissioner volunteer time. Three times during the year. Co -Chairs: Jessica Cato and Elise Vaughan Sub -Committee members: Rachel Hoolahan, Kelsey Tyler, Lindsay Newport, Meera Kumar 12. Special Events • Support recreation department special events through Youth Commissioner volunteer time. Co -Chairs: Kelsey Tyler and Sarah Lee Sub -Committee members: Entire Commission s-3 5.E CITY OF FEDERAL WAY CITY COUNCIL Parks, Recreation, Human Services & Public Safety Council Committee Date: October 14, 2002 From: Mary Faber, RecreNion and Cultural Services Superintendent , Via: David osel anager Subject: 2002-2004 Skyhawks Sports Academy, Inc. Contract Background: The Parks, Recreation and Cultural Services Department has contracted for youth sports camps with Skyhawks Sports Academy, Inc. since 1992. Skyhawks Sports Academy provides the instructors equipment and insurance, the City provides the facilities, registration and marketing support. The City retains ten percent of gross receipts collected from these camps. The requested compensation for over three years is $105,000 or $35,000 annually. Payment is made following the program, based on registration. Committee Recommendation Motion to recommend a "do pass" to full Council on November 5, 2002, approval of the 2002-2004 Skyhawks Sports Academy, Inc., contract. APPROVAL OF COMMITTEE REPORT: Committee Chair Committee Member Committee Member G —t PROFESSIONAL SERVICES AGREEMENT FOR SKYHAWKS SPORTS ACADEMY This Professional Services Agreement ("Agreement") is dated effective this 1st day of January 2002. The parties ("Parties") to this Agreement are the City of Federal Way, a Washington municipal corporation ("City"), and Skyhawks Sports Academy, Inc., a Washington corporation ("Contractor"). A. The City seeks the temporary professional services of a skilled independent contractor capable of working without direct supervision, in the capacity of providing coordination of, and/or instruction in youth sports camps; and B. The Contractor has the requisite skill and experience necessary to provide such services. NOW, THEREFORE, the Parties agree as follows: 1. Services. Contractor shall provide the services more specifically described in Exhibit "A", attached hereto and incorporated by this reference ("Services"), in a manner consistent with the accepted practices for other similar services, performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the City Manager or his or her designee. 2. Term. The term of this Agreement shall commence upon the effective date of this Agreement by both of the Parties and shall continue until the completion of the Services, but in any event no later than December 31, 2004 ("Term"). This Agreement maybe extended for additional periods of time upon the mutual written agreement of the City and the Contractor. 3. Termination. Prior to the expiration of the Term, this Agreement may be terminated immediately, with or without cause by the City. 4. Compensation. 4.1 Total Compensation. In consideration of the Contractor performing the Services, the City agrees to pay the Contractor a percentage of gross receipts as set forth in Exhibit "A" attached hereto and incorporated by this reference; provided, however, that such total amount shall not exceed One Hundred Five Thousand Dollars and no/100 Dollars ($105,000.00). 4.2 Method of Payment. Payment by the City for the Services will only be made after the Services have been performed, a voucher or invoice is submitted in the form specified by the City, which invoice shall specifically describe the -Services performed, and the same is approved by the appropriate City representative. Payment shall be made on a monthly basis, thirty (30) days after receipt of such voucher or invoice. 4.3 Contractor Responsible for Taxes. The Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 5. Compliance with Laws. Contractor shall comply with and perform the Services in accordance with all applicable federal, state, and City laws including, without limitation, all City codes, ordinances, resolutions, standards and policies, as now existing or hereafter adopted or amended. 6. Warranty. The Contractor warrants that it has the requisite training, skill and experience necessary to provide the Services and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to being registered to do business in the City of Federal Way by obtaining a City of Federal Way business registration. 7. Independent Contractor/Conflict of Interest. It is the intention and understanding of the Parties that the Contractor shall be an independent contractor and that the City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. The Contractor shall pay all income and other taxes due. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. It is recognized that Contractor may or will be performing professional services during the Term for other parties; provided, however, that such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. 2 - 8. Indemnification. 8.1 Contractor Indemnification. The Contractor agrees to indemnify, defend and hold the City, 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 the Contractor, its partners, shareholders, agents, employees, or by the Contractor's breach of this Agreement. Contractor waives any immunity that may be granted to it under the Washington State Industrial Insurance Act, Title 51 RCW. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. 8.2 City Indemnification. The City agrees to indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and 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 solely caused by the negligent acts, errors, or omissions of the City, its employees or agents. 8.3 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 9. Equal Opportunity Employer. In all Contractor services, programs or activities, and all Contractor hiring and employment made possible by or resulting from this Agreement, there shall be no discrimination by Contractor or by Contractor's employees, agents, subcontractors or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, creed, national origin, marital status or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall not violate any of the terms of Chapter 49.60 RCW, Title VII of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973 or any other applicable federal, state or local law or regulation regarding non-discrimination. Any material violation of this provision shall be grounds for termination of this Agreement by the City and, in the case of the Contractor's breach, may result in ineligibility for further City agreements. 10. Confidentiality. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential. Breach of confidentiality by Contractor will be grounds for immediate termination. 11. Insurance. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: 11.1 Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; 11.2 Commercial general liability insurance with combined single limits of liability not less than $2,000,000 for bodily injury, including personal injury or death, products liability and property damage. 11.3 Automobile liability insurance with combined single limits of liability not less than $2,000,000 for bodily injury, including personal injury or death and property damage. The City shall be named as additional insured on all such insurance policies, with the exception of workers' compensation coverage(s). Contractor shall provide certificates of insurance;— concurrent nsuranceconcurrent with the execution of this Agreement, evidencing such coverage and, at City's request, furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. All insurance policies shall contain a clause of endorsement providing that they may not be terminated or materially amended during the Term of this Agreement, except after thirty (30) days prior written notice to the City. If Contractor's insurance policies are "claims made" or "claims paid", Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated. Contractor's failure to maintain such insurance policies shall be grounds for the City's immediate termination of this Agreement. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 12. Books and Records. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Services and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 4 - r-5 13. Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 14. General Provisions. 14.1 Entire Agreement. This Agreement contains all -of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior agreements shall be effective for any purpose. 14.2 Modification. No provision of this Agreement, including this provision, may be amended or modified except by written agreement signed by the Parties. 14.3 Full Force and Effect. Any provision of this Agreement that is declared invalid or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. 14.4 Assignment. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. 14.5 Successors in Interest. Subject to the foregoing Subsection, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. 14.6 Attorney Fees. 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. The venue for any dispute related to this Agreement shall be King County, Washington. 14.7 No Waiver. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. 14.8 Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. 5 -// F7_ G 14.9 Authority. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the Contractor or the City: 14.10 Notices. Any notices required to be given by the Parties shall be delivered at the addresses set forth below. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth below. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. 14.11 Captions. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. 14.12 Performance. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. 14.13 Remedies Cumulative. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. 14.14 Counterparts. -This Agreement may be executed in any number of- counterparts, fcounterparts, which counterparts shall collectively constitute the entire Agreement. 14.15 Compliance with Ethics Code. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation and/or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 14.16 Equal Opportunity to Draft. The parties have participated and had an equal opportunity to participate in the drafting of this Agreement, and the Exhibits, if any, attached. No ambiguity shall be construed against any party upon a claim that that party drafted the ambiguous language. 6 - P ___A DATED the day and year set forth above. ATTEST: City Clerk, N. Christine Green, CMC APPROVED AS TO FORM: Bob C. Sterbank, City Attorney CITY OF FEDERAL WAY By: David H. Moseley, City Manager 33530 1st Way South P.O. Box 9718 Federal Way, WA 98063-9718 SKYHAWKS SP RTS ACADEMY By.` -1 ein' Its:je r sl ent PO Box 18529 Spokane, WA 99208 (509) 466-6590 - STATE OF WASHINGTON ) ) ss. COUNTY O On this day personally appeared before me, � �k'u �. 3 1 q"j y - , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. 7 - F-% v GIVEN my hand and official seal this day of 200. (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires STATE OF WASHINGTON ) ) ss. COUNTY OF Pw—. On this -day personally appeared before me / , to me known to be the j"�g1G of clTl that executed the foregoing instrument, and acknowledged the said instrument to be the and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and of&ial seal this �= a of , 20(,2- L -O $ 6 (typed/printed name of not YV�ti►1,� Notary Public in and for the State of Washington. .& MV 0. ' My commission expires G:uawforms\ProfessionalServicesAgreement Rev. 02/02 8 - EXHIBIT "A" SKYHAWKS SPORTS ACADEMY The Skyhawks Sports Academy shall conduct quality instruction for soccer, baseball, basketball and street hockey at a 15 to 1 player ratio, and instruction at recreation classes, which will provide participants the knowledge of: 1. Rules of the game. 2. Requirements of individual position play and the player's role. 3. The correct procedure in passing, shooting, dribbling, hitting, throwing and fielding. 4. The importance of team play, spirit and sportsmanship. 5. The importance of individual and team discipline. 6. Provide trained coaches and instructors, equipment, t -shirts and a sports ball when applicable. The City shall, in return, provide: 1. Adequate facilities with restrooms and water. 2. Administering registration and referral calls. The City shall reimburse the Skyhawks Sports Academy 90% (ninety percent) of gross receipts for all camps conducted. The City shall retain 10% (ten percent) of gross receipts for all sports camps conducted. Additionally, the City shall return to Skyhawks Sports Academy 100% (one hundred percent) of all Campership donations. - 9 - P-10 5.F City of Federal Way Parks, Recreation and Cultural Services Department MEMORANDUM Date: October 14, 2002 To: PRHSPS Council Committee From: Jennifer Schroer, Directory-- Via: David Mo y 1 t nager Subject: Install of Sports fighting at Lakota Park, Final Acceptance and Retainage Release Background Prior to release of Retainage on any Public Works project, the City Council must accept the work as complete to meet State Department of Revenue and Department of Labor and Industries requirements. The final cost for the installation of the sports field lighting at the Lakota Park soccer fields is $51,571.20. The contractor is T. Miller Construction. The final cost is equal to the contract amount of $51,571.20 including sales tax. Recommendation Staff recommends the PRHSPS Council Committee to place the following recommendation on the November 5th Council Consent Agenda: To accept the Sports Lighting at Lakota Park installation contract as complete and authorize staff to release retainage. The amount of retainage to release to T. Miller Construction is $2,370.00 Committee Recommendation Motion to place this item on Councils November 5t" consent agenda with a "do pass" recommendation to accept the Sports Lighting at Lakota Park installation contract as complete and authorize staff to release retainage. The amount of retainage to release to T. Miller Construction is $2,370.00. Committee Chair Committee Member Committee Member F -1 5.G PARKS, RECREATION AND CULTUAL SURVICES MEMORANDUM Date: October 14, 2002 To: PRHSPS Coullcil QQmmittee Via: David Moseanager From: Jennifer Schrod , Director RE: Sewer Easement Request/ The Point at West Campus II Background The City received a request from Richard Nevitt, of The Pointe Associates for a sewer easement across a section of park open space; Tract B of West Campus Division 7. Tract B is located north of S.W. 330'' street and east of 10th Place S. W., and 11th Avenue S.W. The easement is necessary for Lakehaven Utility District to provide sewer service to proposed short plat: The Point at West Campus 2. The requested easement will be for a total land area of 1637 square feet. Attached are two maps that identify the proposed plat and the portion of Tract B that is needed for the easement. Tract B of West Campus Division 7 is a 15.45 acres open space/greenbelt. Staff has reviewed the request and has determined the easement would not restrict public use of the open space or restrict any future consideration for development of this tract to accommodate a public trail or possible neighborhood park elements. Parks and Recreation Commission Recommendation The Commission reviewed this request at its October meeting and recommends the city grant the request, provided no restrictions areplaced on the agreement for the public to cross the easement and for the developer to pay a fair market value for the easement. Committee Recommendation l Motion to forward to Council a "do pass" recommendation to authorize the City Manager to grant the sewer easement requested, provided no restrictions are placed on the agreement for the public to cross the easement and for the developer to pay a fair market value for the easement, and place this item before full Council on November 5, 2002. 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If approved, the funding of $1,200.00 will be split between both agencies. The Department of Public Safety is in the process of evaluating the best use of this money and will follow-up with our recommendation once we have officially received the grant. H -I 5.I FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY Date: October 14, 2002 To: Parks, Recreation, Human Services &/Public Safety Council Committee From: Anne Kirkpatrick, Chief of Police Com! Via: David Manager Subject: COPS More 20 2 Grant; Request Approval to Accept the Award and for Purchasing Authority - Bacicl: Regarding the 2001 COPS More (More Officers Redeployed Effectively) grant, the Public Safety Department initially provided an "informational only" memo to the Parks and Recreation, Human Services, and Public Safety Council Committee on March 12, 2001. Congress approved up to $81 million and $66 million in grant funding for 2001 and 2002, respectively, to U.S. law enforcement agencies for the purchase of information technology systems. The intent is support an increase in time that an agency's officers are deployed in a community policing capacity due to technological enhancements and subsequent gains in efficiency. The grant awards will fund only one comprehensive, stand-alone, technology system. We are pleased to announce that we are one of the five agencies in the State to receive this award. The Federal funding is for $138,900 with a local match of $46,300, for a total award of $185,200. The term of this award is effective 08/01/02 through 7/31/03 with the possibility for extension. Our local match was identified as 2001 Department savings and carried -forward to FY 2002. It is our objective to implement a wireless connection from our Records Management System (RMS) to the mobile computers in forty patrol vehicles. This award will provide the means needed to equip the Federal Way Police Officers with innovative resources to accomplish this goal. The Project Management Strategy consists of five parts; 1) Officer Time Savings, 2) Enhancing Community Policy, 3) Addressing Local Domestic Preparedness, 4) Enhancing Information Sharing with Other Agencies, and 5) Strategic Plan Timeline. Please see appendix for additional Project Management Strategy and Budget detail. Committee Recommendation: Motion to accept the COPS More 2002 award in the federal amount of $138,900.00 and local match in the amount of $46,300.00, for a total award amount of $185,200.00 and approval for purchasing authority as referenced above in the Budget Summary, and forward to full Council for consideration at its November 5, 2002 meeting. APPROVAL OF COMMITTEE REPORT: Committee Chair Committee Member Committee Member I/laurae/grants/copsmore2001/101402Award Accept Ltr.doc 1 of 4 COPS More 2002 Bud et Summary A Equipment 0.00 B Supplies $80,000.00 C Consultants/Contracts $16,200.00 D Other $89,000.00 Total Proiect Costs $185,200.00 It is our objective to implement a wireless connection from our Records Management System (RMS) to the mobile computers in forty patrol vehicles. This award will provide the means needed to equip the Federal Way Police Officers with innovative resources to accomplish this goal. The Project Management Strategy consists of five parts; 1) Officer Time Savings, 2) Enhancing Community Policy, 3) Addressing Local Domestic Preparedness, 4) Enhancing Information Sharing with Other Agencies, and 5) Strategic Plan Timeline. Please see appendix for additional Project Management Strategy and Budget detail. Committee Recommendation: Motion to accept the COPS More 2002 award in the federal amount of $138,900.00 and local match in the amount of $46,300.00, for a total award amount of $185,200.00 and approval for purchasing authority as referenced above in the Budget Summary, and forward to full Council for consideration at its November 5, 2002 meeting. APPROVAL OF COMMITTEE REPORT: Committee Chair Committee Member Committee Member I/laurae/grants/copsmore2001/101402Award Accept Ltr.doc 1 of 4 COPS More 2002 Appendix Project Management Strategy: 1: Officer Time Savings: Our primary objective, as supported by the City Manager and Council, is the redeployment of as many officers back to the streets as possible. The equipment and technology requested in this grant application, at a minimum, will enhance our current infrastructure by the addition of a wireless connection module interfacing Patrol's mobile data computers to the Record Management System (RMS), upgrading the communication technology in our fleet of 40 plus vehicles. The immediate result will allow patrol officers, independently, the ability to prepare case reports, enter and process field contacts, and run queries in the RMS, WACIC (Washington Crime Information Center), and NCIC (National Crime Information Center) reducing the down time associated with the need to contact Records and Dispatch personnel. It will also eliminate the need to leave the field to return to the Department to access data for the completion of reports and other time consuming paperwork. Typically, officers return to the Department several times per shift. The new technology will enable officers to remain deployed in the field, increasing the focus and number of hours for community oriented policing services. The supervisors will have immediate access to review and approve reports, which in turn will permit other Department personnel access to "real-time" information and ultimately, allow us the capability to connect regional law enforcement agencies together. This "real-time" data is the first step towards achieving -regional information sharing. — 2. Enhancing Community Policing: The City of Federal Way, much like many other police agencies, manages an increasing number of calls for service. Due to the need for Officers to return to the station they are seldom available in close proximity to respond to citizens needs in a timely manner. Providing access to the Records database provides a direct link to the State ACCESS system and the SPILLMAN mug shot software; which will allow Officers in the field access to secured law enforcement databases (via the internet). The ability to access victimization statistics, photographs, and intelligence information in the field will assist with officer safety, crime prevention, suspect and witness identifications, connect photographs to wanted person files, reduce the risk of false arrest and enhance investigations by allowing victims and witnesses immediate access to mug shots and photo line ups for suspect identification in the field. The implementation and use of this technology will allow police officers - to remain in their assigned policing districts, significantly improving response times to other calls for service. 3. Addressing Local Domestic Preparedness: The most current detailed arrest and criminal history information is essential for solving crime and assessing threat levels, regional disasters, and homeland security threats. This type of information is critical for operational planning and personnel deployment. We have recently experienced both of these concerns. On February 28, 2001, the Pacific Northwest was struck by a 6.8 magnitude earthquake, damaging 23 counties and was declared a Federal Disaster by the President of the United States. Additionally, in December 1999, a terrorist carrying explosives was arrested as he crossed 1/1aurac/grants/copsmore200l/1014O2Award Accept Ltr.dQC 2 of 4 3. Addressing Local Domestic Preparedness (continued): into Washington State from Canada. The equipment and technology requested in this grant will enhance an officers' ability to process field contacts, run queries, and allow for a connection between regional law enforcement agencies for more efficient and effective information sharing. The proposed system will significantly improve the collection and dissemination of event -specific data by automating the capabilities to directly report and retrieve information without the need to access a second or third layer. Radio communication alone, cannot suffice as the sole source for policing data requirements when responding to major homeland security situations. 4. Enhancing Information Sharing with Other Agencies: Ultimately, this technology compliments our City's future vision to establish a program for Regional Information Sharing and E -Government. Presently, we do not have our own dispatching service. Consequently, we share dispatching services with several local Cities, with the additional wireless technology afforded us by this grant, our department will be able to accomplish our goal of regional law enforcement information sharing. Our proposed system will ultimately enable us to link, bi- directional, to all regional law enforcement databases managing similar technology with the proper security clearance and routing patterns. Currently our neighbor, the City ofAubum, is implementing the same type of system utilizing CDPD (Cellular Digital Packet Data) technology. As we enter into the 21' Century, this program will prepare us for future trends in policing communication by strategically establishing our position as a vital, innovative, and proactive agency in the Pacific Northwest. 5. Strategic Plan, Timeline: The actual implementation start date is expected to be 3-6 months after the award of this grant. Following approval from City Council, we would immediately complete the program design, assess (with the RMS vendor) the necessary software and hardware modifications, and initiate the purchase(s). The final process would include system configuration, pilot testing, completing policy and procedures, and then activate full deployment. 1/faurac/grants/copsmore2001/1014O2Award Accept Ltr.doc 3 of 4 T-3 COPS More 2002 Appendix Budget Detail: A. Equipment — Not applicable $0.00 Requested financial aid will fund the enhancement/add-on Components to our existing Records Management System. _ B. Supplies $80,000.00 1. Cellular modems and antennas for existing mobile laptop computers. a. 40 each x 1,000 $40,000.00 2. Wireless Software and security for existing mobile laptop computers. a. 40 each x 1,000 $40,000.00 C. Consultants/Contracts $16,200.00 1. Travel Expense: a. Airfare (lea) $220.00 b. Lodging (4ea) $640.00 c. Meals -per diem (4ea) $140.00 d. Car (4ea) $200.00 Subtotal $1,200.00 2. RMS Wireless Interface: a. Installation/Training $10,000.00 b. Wireless Vendor (TBD) $5,000.00 Subtotal $15,000.00 D. Other Costs $89,000.00 1. Enhancement to Records Management software for Wireless Connectivity: $20,000.00 2. Network Controllers Security Hardware & Software: $20,000.00 3. Monthly Cellular / Airtime Costs: $24,000.00 a. Existing Mobile Laptop Computers — 40ea @ $50 per month. 4. Annual System Maintenance and Support Costs Total Award I/laurac/grants/copsmore2001/101402Award Accept Ltr.doc 4 of 44 l� t $25,000.00 $185,200.00 5.J City of Federal Way CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY Date: October 14, 2002 To: Parks, Recreation, Human Services & Public Safety Council Committee From: Anne E. Kirk triEand of Police Via: David osele ir Subject: Interlocal Agreemelease/Disclaimer of Liability for use of Shooting Range Background: The City of Federal Way has requested the use of the City of Kent Police Department's shooting range for the purpose of training and shooting qualifications. Start-up Costs: There is currently no cost to the City of Federal Way for the use of the shooting range Committee Recommendation: — Approve the City of Federal Way and the City of Kent's Interlocal Agreement and Release/Disclaimer of Liability for use of Shooting Range, and forward to full Council for consideration at the November 5, 2002 meeting. APPROVAL OF COMMITTEE REPORT: Committee Chair Committee Member Committee Member 3-I 400 4 KENT WASHINGTON POLICE AGREEMENT AND RELEASE/DISCLAIMER OF LIABILITY FOR USE OF SHOOTING RANGE IN CONSIDERATION of being permitted to enter the City of Kent Police Department shooting range for any purpose, including, but not limited to observation, use of facilities or equipment, or participation in any way, the City/County of (hereafter "Agency") hereby agrees to the following: The Agency agrees to indemnify, defend, hold harmless and release the City of Kent, its elected and appointed officers, agents, employees, and volunteers from any and all lawsuits, damages, claims, judgments, losses, liability or expenses arising out of: (1) the death or personal injury or property damage to, the Agency's police officers, employees, officials, agents, volunteers, and visitors which may be sustained while using property or equipment owned by or under the control of the City of Kent, or while participating in any activity sponsored by the City of Kent or any othef organization, or (2) any death or injury which results or increases by any action taken to medically treat Agency's police officers, employees, officials, agents, volunteers, and visitors. In indemnifying, defending, and holding the City harmless, the Agency shall pay all costs, including but not limited to attorneys fees, court fees, mediation fees, arbitration fees, settlements, awards of compensation, awards of damages of every kind, etc. It is further specifically and expressly understood that the indemnification provided herein constitutes Agency's waiver of immunity under industrial insurance, Title 51 RCW, solely for the purposes of this indemnification. The parties acknowledge that they have mutually negotiated this waiver. This provision shall survive the expiration of this Agreement. Agency specifically agrees that the terms above apply whether or not caused by the alleged negligence, whether active or passive, or any acts or omissions of the City of Kent, or any of its elected or appointed officers, agents, employees or volunteers. In the event a court determines that this paragraph is against public policy, then the remainder of this waiver shall remain effective, except to the extent of the City's negligence. Agency understands there are risks associated with the activities that occur at the City of Kent Police Department's shooting range, including but not limited to: gun shot wounds, damage to ears from noise, damage to eyes from flying debris, damage to various body parts from flying debris, damage to the body from the kickback of a gun, all of which may cause injury or death. The Agency assumes the risk of any and all injuries whether or not specified herein, that the Agency's police officers, employees, officials, agents, volunteers, and visitors may sustain during any activity at the shooting range. By signing this Agreement, the Agency acknowledges that: • It knows that all of the activities at the City of Kent Police Department shooting range may be hazardous; • It knows there is the risk of injury or death if its police officers, employees, agents, or visitors participate in any activities at the shooting range; and • It voluntarily participates in, and authorizes its police officers, employees, agents, or visitors to participate in, the activities of the City of Kent Police Department shooting range evidenced by the signature of an authorized representative of the Agency_ The Agency may choose not to sign this Agreement and, therefore, choose not to participate. AGREEMENT AND RE LEASE/DISCLAIMER OF LIABILITY - l of 2 2 Once signed, this Agreement shall remain in effect until either party terminates the agreement in writing. I have read, understand and approve this AGREEMENT AND RELEASE/DISCLAIMER OF LIABILITY and am fully authorized to execute the same on behalf of Agency, and those persons employed by the agency who are using the City of Kent Police Department shooting range. AGENCY: City / County of By: Its: Print Name: Dated: Kent Police Representative/Witness P` mMliS10%—Fk.W1J)-3WT�SAwee6�o{cPoliecA�eocy-Ilek.�.Jo� AGREEMENT AND RELEASE/DISCLAIMER OF LIABILITY — 2 of 2 --� 5.K CITY OF FEDERAL WAY CITY COUNCIL PARKS/RECREATION/HUMAN SERVICES/ PUBLIC SAFETY COMMITTEE October 14, 2002 Meeting Date: October 7, 2002 From: Patricia A. Richardson, City Attorney P9 Via: David H. Msel , Manager Subject: Amendment of Section 11-83, Prohibiting Storage of Personal Property on Parks and Open Space Property Background: Staff recently learned that some citizens are storing their personal property, such as yard equipment or outdoor furniture, on parks and/or open space property. The parks are open for use by all citizens, and sections of the park cannot be set aside for the exclusive use of certain individuals. Such exclusive use interferes with the public use. Staff has spoken with the citizens and explained that the parks property is for the enjoyment of all citizens. Unfortunately, despite the explanation, some individuals refuse to remove their personal property. Accordingly, the proposed amendment to Section 11-83 of the Federal Way City Code prohibiting the storage of personal property on parks and/or on open space property would allow staff to take enforcement action to protect the enjoyment for all when a citizen refuses to remove his/her property. Staff Recommendation: Staff recommends that the Parks Recreation/Human Services/Public Safety Council Committee approve the proposed amendment to Section 11-83 of the Federal Way City Code and forward to full Council for consideration. Committee Recommendation: Approve the proposed amendment to Section 11-83 of the Federal Way City Code prohibiting the storage of personal property on parks and/or open space property, and forward to full Council for consideration at the November 5, 2002, Council meeting. APPROVAL OF COMMITTEE REPORT: Committee Chair Committee Member Committee Member K:AGNDITEM\PRHSPSC0MMITTEE\101402 parks store personal property 1, -1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, PROHIBITING THE STORAGE OF PERSONAL PROPERTY IN PARKS AND/OR OPEN SPACE (Amending Ordinance No. 91-82, § 1(21)(A) WHEREAS, the staff for the City of Federal Way have observed that personal property is being stored in various City of Federal Way parks and/or open space areas; and WHEREAS, the use of public property for storage of personal property interferes with the rights of others to use the areas for which they were intended; and WHEREAS, the City of Federal Way Council finds that it is in the best interest of the citizens of Federal Way to prohibit storage of personal property on any and all park property and/or open space areas; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 11-83 of Article III of Chapter 11 of the Federal Way City Code is amended as follows: 11-83. Refuse and/or Storage of Personal Property a) It is unlawful to throw any refuse, litter, broken glass, crockery, nails, shrubbery, trimmings, junk or advertising matter in any park or to deposit any such material therein, except in designated receptacles; provided, however, that it is further unlawful to deposit in such designated litter receptacles or elsewhere within a ORD # , PAGE 1 park any refuse, litter, or other trash collected at the home, business, or other dwelling of any person and intentionally brought to the park solely for the purpose of disposing of such refuse, litter or trash. {b} It is unlawful for any person to store personal property, including camp facilities and camp paraphernalia,- in any parks and/or open space areas. Section 2. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 3. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. ORD # , PAGE 2 14--5 Section 4. Effective Date. This ordinance shall take effect and be in force thirty (30) days from the time of its final passage, as provided by law. PASSED by the City Council of the City of Federal Way this day of , 2002. CITY OF FEDERAL WAY MAYOR, JEANNE BURBIDGE ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. KAORDIMparks personal property Revised 10.4.02 ORD # , PAGE 3 'L_ l 5.L CITY OF FEDERAL WAY CITY COUNCIL PARKS/RECREATION/HUMAN SERVICES/ PUBLIC SAFETY COMMITTEE October 14, 2002 Meeting Date: October 7, 2002 From: Patricia A. Richardson, City Attorney I Via: David H. osel Ny anager Subject: Code Amendments Updating Chapter 6, Criminal Code; Chapter 9, Licenses and Business Registration; and Chapter 15, Traffic and Vehicles. Background: The Washington State Legislature modified several state statutes related to criminal activity. Some crimes, which were classified as felonies, have been reduced to misdemeanors, and others, which were classified as misdemeanors, have been increased to felonies. Additionally, the Legislature created some new misdemeanor crimes. The proposed amendments to Chapters 6, 9, and 15 reflect the recent changes in state law. The modifications are necessary to ensure consistent enforcement of the laws. Staff Recommendation: Staff recommends that the Parks Recreation Human Services and Public Safety Council Committee approve the proposed amendments to Chapters 6, 9, and 15 of the Federal City Code and forward to full Council for consideration. Committee Recommendation: Move approval of the amendments to the Federal Way City Code, Chapter 6, Criminal Code; Chapter 9, Licenses and Business Registration; and Chapter 15, Traffic and Vehicles, and forward to full Council for consideration at the November 5, 2002 City Council meeting. APPROVAL OF COMMITTEE .REPORT: Committee Chair Committee Member K:\AGNDITEM\PRHSPSCOMMITTEE\101402criminal code update L-1 Committee Member ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, PROHIBITING THE STORAGE OF PERSONAL PROPERTY IN PARKS AND/OR OPEN SPACE (Amending Ordinance No. 91-82, § 1(21)(A) WHEREAS, the staff for the City of Federal Way have observed that personal property is being stored in various City of Federal Way parks and/or open space areas; and WHEREAS, the use of public property for storage of personal property interferes with the rights of others to use the areas for which they were intended; and WHEREAS, the City of Federal Way Council finds that it is in the best interest of the citizens of Federal Way to prohibit storage of personal property on any and all park property and/or open space areas; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 11 -83 of Article III of Chapter 11 of the Federal Way City Code is amended as follows: 11-83. Refuse and/or Storage of Personal Property (a) It is unlawful to throw any refuse, litter, broken glass, crockery, nails, shrubbery, trimmings, junk or advertising matter in any park or to deposit any such material therein, except in designated receptacles; provided, however, that it is further unlawful to deposit in such designated litter receptacles or elsewhere within a ORD # , PAGE 1 L-22 - park any refuse, litter, or other trash collected at the home, business, or other dwelling of any person and intentionally brought to the park solely for the purpose of disposing of such refuse, litter or trash. (b) It is unlawful for any person to store personal property, including camp facilities and camp paraphernalia; in any parks and/or open space areas. Section 2. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 3. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 4. Effective Date. This ordinance shall take effect and be in force thirty (30) days from the time of its final passage, as provided by law. PASSED by the City Council of the City of Federal Way this day of , 2002. ORD # , PAGE 2 CITY OF FEDERAL WAY MAYOR, JEANNE BURBIDGE L-3 ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: INTERIM CITY ATTORNEY PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL:_ PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. KAORDIMparks personal property Revised 10.4.02 ORD # , PAGE 3 L- LI ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE CRIMINAL CODE, THE LICENSES AND BUSINESS REGULATIONS CHAPTER, AND THE TRAFFIC AND VEHICLE CHAPTER OF THE CITY OF FEDERAL WAY (Amending Ordinance Nos. 90-53, 90-62, 91-89, 91-91, 91-94, 91- 106, 91-110, 92-163, 94-212, 95-243, 96-260, 99-362, 0.0-367, 00- 374,01-391,01-401) 0- 374,01-391,01-401) WHEREAS, the State Legislature has modified the state law regarding various crimes, has created new crimes, and modified the classifications between misdemeanors and felonies; and WHEREAS, the City Code is now at variance with modified state law in Chapter 6, Criminal Code; in Chapter 97 Licenses and Business Regulations; and in Chapter 15, Traffic and Vehicles; and WHEREAS, the Federal Way City Council finds that it is in the best interest of its citizens to update the City Criminal Code, the Licenses And Business Regulations Chapter and the Traffic and Vehicle Chapter of the City Code to be more in accordance with state law to ensure more consistent and effective enforcement and prosecution of criminal activity within the City, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. A new section is added to Chapter 6, Article I, of the Federal Way City Code, to read as follows: ORD # , PAGE 1 6-9 Restitution authorized as a condition of sentence. Restitution shall be ordered by the court whenever a person is convicted of a crime which results in injury to any person or damage to or loss of property, unless extraordinary circumstances exist that make restitution inappropriate in the court's judgment and the court sets forth such circumstances in the record. In addition, restitution shall be ordered to pay for an injury, loss, or damage if the defendant_ pleads guilty to a lesser offense or fewer offenses and agrees with the prosecutor's recommendation that the defendant be required to pay restitution to a victim of an offense or offenses that are not prosecuted pursuant to a plea agreement. The court shall identify in the judgment and sentence the victim or victims entitled to restitution and what amount is due each victim. When restitution is ordered the court shall determine the amount of restitution due at the sentencing hearing or within one hundred eighty days. The court may continue the hearing beyond the one hundred eighty days for good cause. Restitution ordered by a court pursuant to a criminal conviction shall be based on easily ascertainable damages for injury to or loss of property, actual expenses incurred for treatment for injury to persons, and lost wages resulting from injury. Restitution shall not include reimbursement for damages for mental anguish, pain and suffering, or other intangible losses, but may include the costs of counseling reasonably related to the offense. The amount of restitution shall not exceed double the amount of the offender's gain or the victim's loss from the commission of the crime. The City or victim may enforce the court-ordered restitution in the same manner as a judgment in a civil action. This section does not limit civil remedies or defenses available to the ORD # , PAGE 2 L- 6 victim, survivors of the victim, or defendant. Restitution collected through civil enforcement must be Raid through the registry of the court and must be distributed proportionately according to each victim's loss when there is more than one victim. SECTION 2. Chapter 6, Article H, Section 6-36 of the Federal Way City Code is hereby amended to read as follows: 6-36 Adoption of statutes. The following state statutes, including all future amendments, additions or deletions, are adopted by reference and wherever the word "title" or words "this title" are used therein the same shall be construed to mean and refer to RCW Title 66 and "this act" shall mean and refer to the Washington State Liquor Act: (1) RCW 66.04.010, Definitions. (2) RCW 66.20.200, Unlawful acts relating to card of identification and certification card. (3) RCW 66.20.210, Licensee's immunity to prosecution or suit - Certification card as evidence of good faith. (4) RCW 66.20.300, Alcohol servers -- Definitions. (5) RCW 66.20.310, Alcohol servers -- Permits -- Requirements -- Suspension, revocation -- Violations -- Exemptions. (46) RCW 66.28.090, Licensed premises open to inspection - Failure to allow. (57) RCW 66.44.010, Local officers to enforce law - Authority of board - Liquor enforcement officers. ORD # , PAGE 3 L-1 (68) RCW 66.44.040, Sufficiency of description of offenses in complaints, informations, process, etc. (79) RCW 66.44.050, Description of offense in words of statutes -Proof required. (810) RCW 66.44.060, Proof of unlawful sale establishes prima facie intent. (31 1) RCW 66.44.070, Certified analysis is prima facie evidence of alcoholic content. (4-012) RCW 66.44.080, Service of process on corporation. (4-113) RCW 66.44.090, Acting without license. (4214) RCW 66.44.100, Opening or consuming liquor in public place - Penalty. (-1-815) RCW 66.44.120, Unlawful use of seal. (14j 6) RCW 66.44.130, Sale of liquor by drink or bottle. (15 17) RCW 66.44.140, Unlawful sale, transportation of spirituous liquor without stamp or seal - Unlawful operation, possession of still or mash. (4418) RCW 66.44.150, Buying liquor illegally. (419) RCW 66.44.160, Illegal possession, transportation of alcoholic beverages. (4820) RCW 66.44.170, Illegal possession of liquor with intent to sell - Prima facie evidence, what is. (4321) RCW 66.44.175, Violations of law. (2Q2) RCW 66.44.180, General penalties - Jurisdiction for violation. (223) RCW 66.44.200, Sales to persons apparently under the influence of liquor. (2-2 RCW 66.44.210, Obtaining liquor for ineligible person. (225) RCW 66.44.240, Drinking in public conveyance - Penalty against carrier - Exception. ORD # , PAGE 4 L-% (2426) RCW 66.44.250, Drinking in public conveyance - Penalty against individual - Restricted application. (2527) RCW 66.44.280, Minor applying for permit. (2428) RCW 66.44.290, Minor purchasing liquor. (2729) RCW 66.44.291, Penalty for minor purchasing or attempting to purchase liquor. (2$30) RCW 66.44.300, Treating minor, etc., in public place where liquor sold. (293 1) RCW 66.44.310, Minor frequenting tavern or cocktail lounge, misrepresentation of age. (3032) RCW 66.44.320, Sales of liquor to minors a violation. (34-33) RCW 66.44.325, Unlawful transfer to a minor of an identification card. (3234) RCW 66.44.328, Unlawful to transfer to a minor of a forged, altered, etc., identification card. (3335) RCW 66.44.340, Employees 18 years and over allowed to sell and carry beer and wine for Class E and/or Class F employees. (3436) RCW 66.44.350, Employees 18 years and over allowed to serve and carry liquor, clean up, etc., for Class A, C, D and/or H licensed employees. (35537) RCW 66.44.370, Resisting or opposing officers in enforcement of title. ORD # , PAGE 5 L I SECTION 3. Chapter 6, Article III, Section 6-61 of the Federal Way City Code is hereby amended to read as follows: 6-61 Statutes adopted. The following state statutes, including all future amendments, additions or deletions, are adopted by reference: (1) RCW 9.02.050, Concealing birth. (2) RCW 9A.42.010, Definitions. (3) RCW 9A.42.035, Criminal mistreatment in the third degree. (4) RCW 9A.42.037, Criminal mistreatment in the fourth degree. Q5) RCW 9A.42.080, Abandonment of a dependent person in the third degree. (46) RCW 9A.42.090, Abandonment of a dependent person - Defense. (7) RCW 9A.42.110, Leaving a child in the care of a sex offender. (8) RCW 13.32A.080, Unlawful harboring of a minor -- Penalty -- Defense -- Prosecution of adult for involving child in commission of offense. SECTION 4. Chapter 6, Article IV, Section 6-86 of the Federal Way City Code is hereby amended to read as follows: 6-86 Statutes adopted. The following state statutes, including all future amendments, additions or deletions, are adopted by reference: (1) RCW 69.41.020, Prohibited acts -- Information not privileged communication. (2) RCW 69.41.030, Sale, delivery, or possession of legend drug without prescription or order ORD # , PAGE 6 L io prohibited -- Exceptions. (3) RCW 69.41.070, Penalties. (4) 69.43.010 Report to state board of pharmacy -- List of substances -- Modification of list -- Identification of purchasers -- Report of transactions -- Penalties. (5) 69.43.020 Receipt of substance from source outside state -- Report -- Penalty. (6) 69.43.030 Exemptions. (7) 69.43.035 Suspicious transactions--Report--Penalty. (8) 69.43.090 Permit to sell, transfer, furnish, or receive substance -- Exemptions -- Application for permit -- Fee -- Renewal -- Penalty. (9) 69.43.110 Ephedrine, pseudoephedrine, phenylpropanolamine --Sales restrictions --Penalty. 0) 69.43.120 Ephedrine, pseudoephedrine, phenylpropanolamine --Possession of more than fifteen grams--Penalty--Exceptions. (I11) RCW 69.50.101, Definitions. (212) RCW 69.50.204(d)(13), Schedule I - Marijuana. (313) RCW 69.50.309, Containers. (414) RCW 69.50.401(e), Prohibited acts: A - Penalties. (MI5) RCW 69.50.412, Prohibited acts: E - Penalties. (616) RCW 69.50.505, Seizure and forfeiture. (717) RCW 69.50.506, Burden of proof. (818) RCW 69.50.509, Search and seizure of controlled substances. (319) RCW 69.50.425, Misdemeanor violations - Minimum imprisonment. ORD # , PAGE 7 �1 SECTION 5. A new section is added to Chapter 6, Article VII, of the Federal Way City Code, to read as follows: 6-163 Forgery, nonfelony. (a) A person is guilly of Forgery, nonfelony, if, with intent to injure or defraud: (1) He falsely makes, completes, or alters a written instrument or-, (2) He possesses, utters, offers, disposes of, or puts off as true a written instrument that he knows to be forged. (3) The total amount of loss by the victims of the forgery is less than $600. (b) Forgery, nonfelony, is a gross misdemeanor. (c) This section is intended to supplement City jurisdiction in cases of Forgery declined by the County. If a person is charged with Forgery under state law for a particular incident they shall not be charged under this section. If a state agency wishes to charge a Forgery case under state — law the City shall dismiss its case to allow that to happen. SECTION 6. Chapter 6, Article IX, Section 6-211 of the Federal Way City Code is hereby amended to read as follows: 6-211 Theft, unauthorized issuance of bank checks and possession of stolen property. - The following state statutes, including all future amendments, additions or deletions, are adopted by reference: (1) RCW 9.26A.110, Fraud in obtaining telecommunications service -- Penalty (1-�) RCW 9A.56.010, Definitions. ORD # , PAGE 8 L_ 112 (23) RCW 9A.56.020, Theft - Definition, defense. (34) RCW 9A.56.050, Theft in the third degree. (45) RCW 9A.56.060(1), (2), (3) and (5), Unlawful issuance of checks or drafts. (56) RCW 9A.56.140, Possessing stolen property - Definition, credit cards, presumption. (67) RCW 9A.56.170, Possessing stolen property in the third degree. (48) RCW 9A.54.130, Restoration of stolen property - Duty of officers. (89)RCW 9A.56.220, Theft of cable television services. (9.10) RCW 9A.56.240, Forfeiture and disposal of device used to commit violation. (1911) RCW 9A.56.260, Connection of channel converter. (412) RCW 9A.56.270, Shopping cart theft. SECTION 7. Chapter 6, Article X, Section 6-237 of the Federal Way City Code is hereby amended to read as follows: 6-237 Indecent exposure. (a) A person is guilty of indecent exposure if he or she intentionally makes any open and obscene exposure of his person or her person or the person of another knowing that such conduct is likely to cause reasonable affront or alarm. The act of breastfeeding or expressing breast milk is not indecent exposure. (b) Indecent exposure to a person a under the age of 14 years is a gross misdemeanor. (c) Indecent exposure to a personaged 14 years or older is a misdemeanor. Indecent exp ORD # , PAGE 9 L- I -t > SECTION 8. Chapter 6, Article XI, Section 6-266 of the Federal Way City Code is hereby amended to read as follows: 6-266 Obstructing public officers. It is unlawful for any person to make any wmay willfully untrue, misleading or exaggerated statement to, or to ,.,may willfully hinder, delay or obstruct any public officer in the discharge of his or her official powers or duties. Obstructing public officers is a gross misdemeanor. SECTION 9. Chapter 6, Article XI, Section 6-268 of the Federal Way City Code is hereby amended to read as follows: 6-268 Obstructing justice, criminal assistance, introducing contraband and related offenses. The following state statutes, including all future amendments, additions or deletions, are adoptefi by reference: (1) RCW 9.69.100, Withholding knowledge of felony involving violence - Penalty. (2) RCW 9A.72.010, Definitions. (3) RCW 9A.72.040, False swearing. (4) RCW 9A.72.060, False swearing - Retraction. (5) RCW 9A.72.070, False swearing - Irregularities no defense. (6) RCW 9A.72.080, Statement of what one does not known to be true. (7) RCW 9A.72.140, Jury tampering. (8) RCW 9A.72.150, Tampering with physical evidence. (9) RCW 9A.76.010, Definitions. ORD # , PAGE 10 L-14 (10) RCW 9A.76.020, Obstructing a public servant. (11) RCW 9A.76.030, Refusing to summon aid for a peace officer. (12) RCW 9A.76.040, Resisting arrest. (13) RCW 9A.76.050, Rendering criminal assistance - Definition of terms. (14) RCW 9A.76.060, Relative defined. (15) RCW 9A.76.080, Rendering criminal assistance in the second degree. (16) RCW 9A.76.090, Rendering criminal assistance in the third degree. (17) RCW 9A.76.100, Compounding. (18) RCW 9A.76.160, Introducing contraband in the third degree. (19) RCW 9A.76.170'�(d), Bail jumping. (20) RCW 9A.76.175, Making a false or misleading statement to a public servant. (21) RCW 9A.84.040, False reporting. SECTION 10. Chapter 6, Article XII, Section 6-293 of the Federal Way City Code is hereby amended to read as follows: 6-293 Privacy, violating right of. The following state statutes, including all amendments, additions or deletions, are adopted by reference: (1) RCW 9.73.010, Divulging telegram. (2) RCW 9.73.020, Opening sealed letter. (3) RCW 9.73.030, Intercepting, recording or divulging private communication - Consent required - Exceptions. ORD # , PAGE 11 (4) RCW 9.73.040, Intercepting private communication -- Court order permitting interception -- Grounds for issuance -- Duration -- Renewal. (5) RCW9.73.050, Admissibility of intercepted communication in evidence. (46) RCW 9.73.070, Persons and activities excepted. (57) RCW 9.73.080, Intercepting, recording, or divulging communication -Penalty. (68) RCW 9.73.090, Police and fire personnel exempted from RCW 9.73.030 - 9.73.080 Standards. Q9) RCW 9.73.095, Intercepting, recording, or divulging inmate conversations - Conditions - Notice. 010) RCW 9.73.100, Recordings available to defense counsel. (�I1) RCW 9.73.110, Intercepting, recording, or disclosing private communications - Not unlawful for building owner -'Conditions. (12) RCW 9.73.200, Intercepting, transmitting, or recording conversations concerning controlled substances -- Findings. SECTION 11. Chapter 6, Article XIII, Section 6-316 of the Federal Way City Code is hereby amended to read as follows: 6-316 Conduct prohibited. The following state statutes, including all future amendments, additions or deletions, are adopted by reference: (1) RCW 9.91.010, Denial of civil rights - Terms defined. (2) RCW 9.91.020, Operating railroad, steamboat, vehicle, etc., while intoxicated. ORD # , PAGE 12 L-1 (p (3) RCW 9.91.025, Unlawful bus conduct. (4) RCW 9.91.110, Metal buyers - Records of purchases - Penalty. (5) RCW 9.03.010, Abandoning, discarding refrigeration equipment. (6) RCW 9.03.020, Permitting unused equipment to remain on premises. (7) RCW 9.03.030, Violation of RCW 9.03.010 or 9.03.020. (8) RCW 9.03.040, Keeping or storing equipment for sale. (9) RCW 9A.49.030, Unlawful discharge of a laser in the second degree - (9J 0) egree. (910) RCW 42.20.010, Powers may not be delegated for profit. (4511) RCW 42.20.030, Intrusion into and refusal to surrender public office. (47+12) RCW 42.20.050, Public officer making false certificate. (-1.213) RCW 42.20.060, Falsely auditing and paying claims. (4-314) RCW 42.20.080, Other violations by officers. (47415) RCW 42.20.100, Failure of duty by public officer is misdemeanor. SECTION 12. Chapter 6, Article XIII, Section 6-318 of the Federal Way City Code is hereby amended to read as follows: 6-318 Injury to animals. The following state statutes, including all future amendments, additions or deletions, are adopted by reference: (1) RCW 9.08.020, Diseased animals. ORD # , PAGE 13 (2) RCW 9.08.030, False certificate of registration of animals - False representation as to breed. (3) RCW 9.08.065, Definitions. (4) RCW 9.08.070(1),{2), Pet animals - Taking, concealing, injuring, killing, etc. - Penalty. (5) RCW 16.52.207, Animal cruelty in the second degree. SECTION 13. Chapter 6, Article XIII, Section 6-321 of the -Federal Way City Code is hereby amended to read as follows: 6-321 Juries, crimes relating to. The following state statutes, including all future amendments, additions or deletions, are adopted by reference: (1) RCW 2.36.165, Leave of absence from employment to be provided -- Denial of promotional opportunities prohibited -- Penalty -- Civil action. (2) RCW 2.36.170, Failure of juror to appear -- Penalty. (1-3) RCW 9.51.010, Misconduct of officer drawing jury. (24) RCW 9.51.020, Soliciting jury duty. (35) RCW 9.51.030, Misconduct of officer in charge of jury. ORD # , PAGE 14 SECTION 14. A new section is added to Chapter 6, Article XIII, of the Federal Way City Code, to read as follows: 6-324 Practice of Law The following state statutes, including all future amendments, additions or deletions, are adopted by reference: (1) RCW 2.48.180, Definitions -- Unlawful practice a crime -- Cause for discipline -- Unprofessional conduct -- Defense -- Injunction -- Remedies -- Costs -- Attorneys' fees -- Time limit for action. SECTION 15. Chapter 9, Article VII, Section 9-388 of the Federal Way City Code is hereby amended to read as follows: 9-388 Penalty for violation. (a) Any person and the officers, directors, managing agents, or partners of any corporation, firm, partnership or other organization or business violating or failing to comply with any of the provisions of this article shall be guilty of a gross misdemeanor. (b) In addition to the any penalties provided in this section, any condition caused or permitted to exist in violation of any of the provisions of this article is a public nuisance and all remedies given by law for the prevention and abatement of nuisances shall apply thereto. Further, each day that such condition or violation continues shall be regarded as a new and separate offense and shall be punished accordingly. ORD # , PAGE 15 Hl� SECTION 16. A new section is added to Chapter 15, Article 1, of the Federal Way City Code to read as follows: 15-13 Statutes adopted. The following state statutes, including all future amendments additions or deletions are adopted by reference (1) RCW 46.61.685, Leaving children unattended in standing vehicle with motor running - Penalty. (2) RCW 46.61.740, Theft of motor vehicle fuel. SECTION 17. A new section is added to Chapter 15, Article II, of the Federal Way City Code to read as follows: 15-61 Statutes adopted. The following state statutes, including all future amendments additions or deletions are adopted by reference: (1) RCW 38.52.010, Definitions. (2) RCW 38.52.430 Emergency response caused by person's intoxication -- Recovery of costs from convicted person. SECTION 18. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. ORD # , PAGE 16 L -2C-) SECTION 19. Ratification. Any and all acts consistent with the authority and prior to the effective date of this ordinance are hereby ratified and affirmed. SECTION 20. Effective Date. This ordinance shall take effect and be in force five days from its passage, approval and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of , 2002. CITY OF FEDERAL WAY MAYOR, JEANNE BURBIDGE ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. _ K.\ORDIN\2002 Criminal Code update ORD # , PAGE 17 L-� 1