PRHSPSC PKT 09-10-2001
City of Federa1 Way
CITY COUNCIL
P ARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE
~
September 10, 2001
12:00 p.m.
City Hall
Mt. Baker Conference Room
k
AGENDA
l.
2.
CALL TO ORDER
PUBLIC FORUM
3.
4.
5.
COMMISSION COMMENTS
APPROVAL OF AUGUST 13,2001 SUMMARY
COMMITTEE BUSINESS
A. Valley Com Interlocal Agreements - Phase II
B. Amending Park Regulations Regarding
Expulsion From Parks
Action
Action
Matheson
Schroder
6.
7.
NEXT MEETING - Monday, October 8, 2001
ADJOURNMENT
Committee Members:
Jeanne Burbidge, Chair
Michael Hellickson
Dean McColgan
S ta IT:
Jennifer Schroder, Director
Mary Jaenicke, Administrative Assistant II
661-4041
.
.
City of Federal Way
City Council
PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE
Monday, August 13,2001
12:00 p.m.
SUMMARY
In attendance: Council Committee members Jeanne Burbidge, Chair; Michael Hellickson, Deputy Mayor Linda
Kochmar. Staff: David Moseley, City Manager; Anne Kirkpatrick, Director Public Safety; Ann Guenther, Human
Services Manager; Pat Richardson, Deputy City Attorney; Rick Perez, Traffic Engineer; Iwen Wang, Director
Management Services; Stanley Yntema CDBG Coordinator, Jennifer Schroder, Director of Parks, Recreation and
Cultural Services, Mary Jaenicke, Administrative Assistant II.
Excused absence: Dean McColgan
Guests: Barbara Reid, Richard Bye, Lisa Kious - LATCH, R.Y. Woodhouse - LCS, Dini Duclos - MSC, Margot
Tsakones - DAWN
Chair Burbidge called the meeting to order at 12:08 p.m.
PUBLIC FORUM
Barbara Reid spoke regarding the seriousness of the drug and prostitute problem at the Habitat Condominiums and
surrounding area. She presented Chief Kirkpatrick with photos of the woods that are located next to the Nine Lakes
Baptist Church. She would like the city to require the church to clear out the wooded area. It is ruining the
neighborhood and bringing down property values. She would like the Police to go into the woods, so they can
witness what is happening in there. Deputy Mayor Kochmar suggested that the city set up a meeting with City staff,
Police and residents. City Manager Moseley stated that staff has looked at the area. Staff is focusing on the area
and getting it cleaned out. He has also talked with staff on coordinating a meeting with public works, public safety,
community development with the condominium owners in the area. Strategies will be pursued.
COMMISSION COMMENTS
None.
APPROV AL OF SUMMARY
MICHAEL HELLICKSON MOVED AND BURBIDGE SECONDED TO APPROVE THE JULY 9 2001
MEETING SUMMARY AS WRITTEN. MOTION PASSED.
BUSINESS ITEMS
2002 CDBG Pro{>osed Use of Funds .
Margot Tsakones represented the DAWN organization. She reiterated that the need for shelter is critical. Last year
7,000 bed nights were used in Federal Way. This year there have already been 5,000 bed nights used. She wished
to extend her appreciation and encourage the Committee to forward the recommendation for shelter renovation and
expansion to full council. Rick Perez City of Federal Way Traffic Engineer wanted the committee to recommend
full approval for street improvements on 23rd Avenue South at South 314th Street. R.Y. Woodhouse, representing
Lutheran Social Services wanted to thank the Commission for their recommendation and support, and urged the
Committee to move forward to full council. Lisa Kious representing LATCH wished to express appreciatio.l to the
Commission for their recommendation, and urged the to Committee to approve and forward to full Council. Dini
Duclos representing the Multi Service Center also wanted to thank the Commission for their recommendation, and
urged the Committee to forward it onto full council.
.
.
PARKS, RECREATION, HUMAN SERVICES
& PUBLIC SAFETY COUNCIL COMMITTEE
Monday, August 13,2001 Summary
Page 2
Guenther introduced Stanley Yntema the new CDBG Coordinator. Stanley took a few moments to tell the
committee and staff about himself. Ann attended the meeting with Richard Bye the Chair of the Human Services
Commission. They were prepared to give a presentation on three areas. I) Overview of the recornn1endations 2)
Requested changes to the contingency plan that Council Committee members have made, and 3) Update on a new
project cancellation that happened late last week. Due to the fact that the Human Services Commission had a
chance to talk with the Council members last week it was decided that the overview was not necessary. Guenther-
distributed handouts of the contingency plan showing the revisions that occurred atìer she met with the Council
members. There were two revisions that council committee members requested. The first is in the Capital Projects
SectIOn under ll1creased funds. The Council Conm1ittee members asked that in the RFP it would specify that the
available funds would be used to increase the supply of housing for low- and moderate income Federal Way
residents, including permanent affordable housing, and/or emergency shelter, and other eligible capital projects.
Due to the fact that we know we have a large sum of money, the Council Committee members would like to open it
to all Capital Projects. We will recapture the International District Funds in 2002. The amount of the recaptured
funds is approximately $174,000.00. The second change is on Capital Projects for decreasing if we have less
money than anticipated. The recommended change is that the rust decrease will be made to any unallocated funds
available before reductions are made to specific projects. When the original recommendations were made, there
were not any unallocated funds. Hellickson stated that the money from the International District is coming back to
us, and will be going back out for an RFP. He wanted the attendees to be aware that if they had some good use for
that money to please submit an RFP.
Guenther distributed a revised copy of the memo. The committee recommendation has been altered due to the fact
that the Multi Service Center had requested that their driveway enhancement project be cancelled. The City
allocated $6,677 dollars for this project for 2000, and the lowest bid came in at $17,082.00. In order to recapture
the money and use it in the future, the council needs to take action to cancel it and reallocate it to 2002.
Chair Burbidge asked if anyone had any questions regarding the Multi Service Project. Burbidge and Guenther have
had a discussion on whether there was any way to come up with a solution for that project sooner, rather than
waiting until next year. It is apparent that it is not possible. Guenther explained that if the contingency plan is
approved, then they could come in for those special funds in early 2002. This is because the contingency plan has
been revised to include any other Capital Project.
HELLICKSON MOVED TO APPROVE THE RECOMMENDATION APPROVAL OF THE 2002
COMMUNITY DEVELOPMENT BLOCK GRANT PROPOSED USE OF FUNDS, AS PRESENTED BY
THE HUMAN SERVICES COMMISSION AND MODIFIED BY THE COMMITTEE. BURBIDGE
SECONDED. MOTION PASSED.
Resolution to Accept the 2001 Local Law Enforcement Block Grant
Chief Kirkpatrick stated that this is a resolution to accept the grant awarded to them by the Bureau Justice
Assistance Local Law Enforcement Block Grant. The Public Safety applied for the grant, and received an
immediate response, rewarding the grant to the Public Safety Department. There is a 45day time period to accept
this grant. The total amount of the grant- is $96,133.70. This graIll will go towards the implementation of
surveillance cameras, in hopes of reducing narcotic and prostitution activities within the Pacific Highway
Downtown Core. Chief Kirkpatrick stated that they do not have all of the numbers put together. She said they will
be within the project money.
HELLICKSON MOVED THE MOTION TO FORWARD THE RESOLUTION TO APPROVE
ACCEPTANCE OF THE 2001 LLEBG AWARD TO FULLCOUNCIL FOR CONSIDERATION AT ITS
SEPTEMBER 4,2001 MEETING. BUIWIDGE SECONDED. [\10TION PASSED.
Hellickson congratulated Chief Kirkpatrick on obtaining this grant.
2001 Washin!!:ton Traffic Safety Commission 3-FLAGS Traffic Safety Grants
Chief Kirkpatrick stated that the City applied for a block grant that focuses on traffic. The money that has been
awarded to the department will be used for two PBT's (Pre Breath Test) and educational materials (mugs).
Information only, no action required by Council.
.
.
PARKS, RECREATION, HUMAN SERVICES
& PUBLIC SAFETY COUNCIL COMMITTEE
Monday, August 13, 2001 Summary
Page 3
Other
Chair Burbidge stated she has spoken with Mary Faber regarding the skate park art. The process is still moving
forward. Schroder stated that the Arts Commission will be reviewing all of their options to make a recommendation
on how to proceed with the 2% for Art. The contractor for the skate park is on schedule. He has stated he will be
done on August 18. The project has gone very smoothly. The dedication will be held on August 24.
NEXT MEETING
September 10, 2001
ADJOURNMENT
Meeting adjourned at 12:35 p.m.
1:08 \3SUM PRCC
~.
5.A
CITY OF FEDERAL WAY
CITY COUNCIL
PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE
From:
September 10, 200l
David M~ager
Derek Matheson, Assistant City Manag'-ðÎV
Valley Com Interlocal Agreements - Phase II
Date:
Via:
Subject:
Background
On July 20, 1999, the City Council voted unanimously to make Federal Way a one-fifth owner of
Valley Communications, a dispatch center jointly owned and operated by the cities of Auburn,
Federal Way, Kent, Renton, and Tukwila.
As part that motion, Council approved an arrangement whereby the City would "subcontract"
with the Federal Way Fire Department to allow Fire to access the Valley Com system. This
allows the Federal Way community to enjoy the same benefits as those communities with City
fire departments - namely access to the Valley Com system, a seat on Valley Com's Operations
Board, and a lower "owner rate" per call for service. Fire's transition from its in-house dispatch
center to Valley Com is set for February 2002.
On April 4, 2000, the City Council voted unanimously to approve the first of three interlocal
agreements necessary to implement the above arrangements. The first interlocal agreement
("Phase I") among the five owners cities set forth Valley Com's legal status and structure, and
gave Federal Way the authority to subcontract with Fire. The two pending interlocal agreements
("Phase II") are that subcontract, and govern the relationship among the City, Fire, and Valley
Com.
Agreement Between City and Fire
The interlocal agreement between the City and Fire allows Fire to access the Valley Com system
pursuant to the Phase I interlocal agreement. In exchange for a $450,0001 cash contribution
toward the City's $2.6 million in debt service on Valley Com's new facility, Fire receives the
right to use Valley Com's system for at least the bond issue's 20 year length. The interlocal
grants Fire a seat on Valley Com's Operations Board (consisting of police and fire chiefs), and
gives Fire the right to discuss issues with the City prior to Valley Com Administration Board
I $450,000 is approximately 15% of the City's total debt service. It is based upon Fire's 15% of the Fcderal Way community's
total calls for service
A-I
Parks, Recreation, Human Services & Public Safety Committee
Valley Com Interlocal Agreements - Phase II
September 10, 200 I
meetings (consisting of the owner cities' mayors). Valley Com will directly bill Fire for its
servIces.
A~reement Amon~ Valley Com, Fire, and City
The interlocal agreement among Valley Com, Fire, and the City governs the day-to-day details of
the dispatch relationship. Similar to the subscriber agreement the City had with Valley Com
prior to becoming an owner, this agreement outlines Valley Com and Fire's respective rights and
responsibilities. The purpose for having the City as a party to the agreement is that the
agreement protects the City from liability by creating a direct relationship between Valley Com
and Fire, thus allowing each entity recourse against the other without having to file a claim or
suit against the City.
Committee Recommendation:
Motion to recommend the full City Council authorize the City Manager to sign the two
aforementioned Phase II interlocal agreements implementing the Federal Way Fire Department's
use of Valley Com for dispatch services.
APPROVAL OF COMMITTEE REPORT:
Committee Member."..
Committee Chair. .
. .
CommitteeMember. .
A-2
"
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF FEDERAL WAY
AND
THE FEDERAL WAY FIRE DEPARTMENT
FOR FIRE AND EMERGENCY MEDICAL DISPATCH SERVICES
FROM VALLEY COMMUNICATIONS
THIS INTERLOCAL AGREEMENT ("Agreement") is between the City of Federal
Way, a municipal corporation of the State of Washington, (hereinafter "City") and the
Federal Way Fire Department, a municipal corporation of the State of Washington,
(hereinafter "Department").
WHEREAS. the cities of Auburn, Federal Way, Kent, Renton and Tukwila
established Valley Communications Center (hereinafter "Valley Com") pursuant to an
interlocal agreement, dated 4/17/00, (hereinafter "Valley Com Interlocal"). Said cities are
members of Valley Com. and
WHEREAS, the Valley Com Interlocal provides that the City of Federal Way may
enter into an interlocal agreement with the Department for the purposes of facilitating
Department access to Valley Com fire and emergency medical services (hereinafter
"EMS") dispatch via the City's membership in Valley Com, and
~?
WHEREAS. City-facilitated fire and EMS dispatch services through Valley Com will
reduce the Department's dispatch costs, and
WHEREAS. the Department desires to receive fire and EMS dispatch services from
Valley Com, and
WHEREAS. section seven (7) of the Valley Com Interlocal provides that Valley Com
will give preference in hiring Department dispatchers if the Department participates and
receives fire and EMS dispatch services from Valley Com.
NOW. THEREFORE. pursuant to the provisions of the Interlocal Cooperation Act,
Chapter 39.34 RCW, the City and the Department hereby agree as follows:
Section 1. Dispatch Services. Pursuant to Section one (1) of the Valley Com
Interlocal, the City agrees to facilitate fire and EMS dispatch to the Department through the
City's membership in Valley Com. The level of service provided to the Department will be
at the same level as that provided Valley Com members' municipal fire departments.
Actual dispatching services will be provided through a separate agreement directly
between Valley Com and the Department.
A-3
Interlocal Agreement for Dispatch Service
Page 2
Section 2. BillinÇJ. Billing procedures will be governed by a separate agreement
between Valley Com and the Department, provided the Department will be billed at the ré!te
established for Valley Com members.
Section 3. Buy-In Fee. The Department agrees to pay a buy-in fee based
upon fifteen percent (15%) of the City's capital costs towards the new facility described
in the Valley Com Interlocal Section 14.1, not to exceed $450,000.00. Payment is due
in full at the commencement of dispatching services being provided by Valley Com. The
parties agree that the Department's buy-in fee shall not be construed as creating any
right, title, or interest in favor of the Department to any Valley Com real or personal
property unless expressly provided herein.
Section 4. Administration Board. The Department understands that the City has
the sole authority to exercise a vote on Valley Com's Administration Board pursuant to
Section 4 of the Valley Com Interlocal. The City agrees to provide copies of the agenda
and meeting summaries of the Administration Board. The parties further agree that the
Department will work with the City on Administration Board issues and that the City and the
Department may fully and freely discuss any Department issues that require the attention
of the Administration Board.
Section 5. Operations Board. Pursuant to Sections one (1) and five (5) of the
Valley Com Interlocal, the Department administrator or designee shall be a full voting
member on the Valley Com Operations Board with the same authority as the chiefs of the
Auburn, Kent, Renton, and Tukwila municipal fire departments. The Department agrees to
coordinate its activities on the Operations Board with the City to the greatest extent.
possible and to fully advise the City of its activities on the Operations Board.
Section 6. Hold Harmless AÇJreement. Although Valley Com is a separate legal
entity, the parties recognize that a claim or lawsuit may also be filed against the City and/or
the Department. Therefore:
(a)
The City shall defend, indemnify and hold harmless the Department and its officers,
agents, and employees, or any of them from any and all claims, actions, suits,
liabilities, loss, cost, expenses, and damages whatsoever, caused by or arising out
of the sole negligent act or omission of the City, its officers agents, and employees,
or any vf them relating to or arising out of actions or omissions required pursuant to
this agreement. In the event that any suit based upon such a claim, action, loss, or
damage is brought against the Department, the Department reserves the right to
participate in said suit at its sole discretion.
A-4
t
Interlocal Agreement for Dispatch Service
Page 3
(b)
The Department 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,
cost, expenses, and damages of any nature whatsoever, caused by or arising out of
the sole negligent act or omission of the Department, its officers, agents, and
employees, or any of them relating to or arising out of actions or omissions required
pursuant to this Agreement. In the event that any suit based upon such a claim,
action, loss, or damage is brought against the City, the City reserves the right to
participate in said suit at its sole discretion.
Section 7. Effective Date. All provisions of this Agreement shall take effect
immediately upon execution EXCEPT that the effective date in which Valley Com actually
commences to dispatch the Department calls shall be determined by written agreement
among Valley Com, the City and the Department.
Section 8. Duration of Agreement. This Agreement shall be effective for 20
years. Thereafter, this Agreement shall extend for five (5) years, and shall automatically
renew for additional five (5) year periods thereafter unless terminated.
~::~
Section 9. Termination. The Department may terminate this Agreement with or
without cause provided that it submits written notice by December 31 to the City and to
Valley Com of its intention to terminate this Agreement on December 31 of the following
year. In the event of termination ofthis Agreement without cause, the Department's buy-in
fee as set forth in Section 3 of this Agreement will not be refunded. The City may
terminate this agreement with cause after twenty years provided that it submits written
notice to the Department and to Valley Com of its intention to terminate this Agreement on
the December 31 occurring three years following the submittal of notice.
Section 10. Notices. Any notices required to be given by the City or by the
Department shall be delivered to the Parties at the addresses set forth below.
Section 11. Filing of Agreement. This Agreement shall be filed with the City Clerk
of the City, the Department, Valley Com, and the King County Auditor as required by law.
Section 12. Agreement to Arbitrate. Any dispute arising under this Agreement shall
be subject only to arbitration. The arbitration shall be conducted in accordance with the
Commercial Arbitration Rules of the American Arbitration Association (the "AM Rules")
then in effect, conducted by one (1) arbitrator either mutually agreed upon or selected in
accordance with AAA Rules. The arbitration shall be conducted in King County,
Washington, under the jurisdiction of the Seattle office of the American Arbitration
Association. The arbitrator shall have authority only to interpret and apply the provisions of
this Agreement and shall have no authority to add to, subtract from or otherwise modify the
A-S
Interlocal Agreement for Dispatch Service
Page 4
terms ofthis Agreement. Any demand for arbitration must be made within ninety (90) days
of the event(s) giving rise to the claim that this Agreement has been breached. The parties
agree to equally share in the cost of all arbitration services. The arbitrator's decision shall
be final and binding, and each party agrees to be bound by the arbitrator's award. Either
party may obtain judgment upon the arbitrator's award in the Superior Court of King
County, Washington. The prevailing party shall be entitled to recover its reasonable costs,
including attorneys' fees, but excluding the cost of arbitration services. The arbitrators shall
not be empowered to grant exemplary or punitive damages.
Both parties, through their authorized agents, have read and understood the above
Agreement, and intend to be bound by it, and the authorized agents of the City and the
Department have signed below this day of , 2000.
CITY OF FEDERAL WAY
FEDERAL WAY FIRE DEPARTMENT
By
Allen D. Church, Fire Chief/Administrator
31617 1st Ave. S.
Federal Way, WA 98003
By
David H. Moseley, City Manager
33530 1st Way S.
P.O. Box 9718
Federal Way, WA 98063-9718
By direction of the City Council
taken
By direction of the Board
taken
Attest:
Attest:
N. Christine Green, City Clerk
Approved as to Form:
Approved as to Form:
Bob C. Sterbank, City Attorney
Department Attorney
A-6
Interlocal Agreement for Dispatch Service
Page 5
1:\lntergov\Valley Com\FWFDvalleycomO10824.doc
August24,2001
~
A-7
AGREEMENT
among
V ALLEY COMMUNICATIONS CENTER
and
FEDERAL WAY FIRE DEPARTMENT
and
THE CITY OF FEDERAL WAY
THIS AGREEMENT among the V ALLEY COMMUNICATIONS CENTER
("ValleyCom"), the FEDERAL WAY FIRE DEPARTMENT ("Fire Department") and the CITY
OF FEDERAL WAY ("City") supplements and amends the rights and obligations between the
City and ValleyCom only as it applies to the ValleyCom Interlocal regarding ValleyCom entered
into among the cities of Auburn, Federal Way, Kent, Renton and Tukwila dated on or about
April 17, 2000.
RECIT ALS
WHEREAS, on or about April!?, 2000, the cities of Auburn, Federal Way, Kent, Renton
and Tukwila entered into an interlocal agreement that added the City as a member of ValleyCom,
and that amended certain provisions, rights and obligations among the member cities (the
"ValleyCom Interlocal").
WHEREAS, the Fire Department is a special purpose district and is a municipal
corporation that is an entirely separate and distinct entity from the City. On or about ,
200 , the Fire Department and the City entered into a separate agreement entitled, "Interlocal
Agreement between the City of Federal Way and The Federal Way Fire department for Fire and
Emergency Medical Dispatch Services from Valley Communications" (the, "City/Department
Interlocal Agreement"), which addresses the rights and obligations between the City and the Fire
Department with respect to ValleyCom's services. Section 1 of the ValleyCom Interlocal
addresses the relationship among ValleyCom, the City, and the Fire Department as follows:
In addition, the City of Federal Way may enter into an interlocal
agreement with the Federal Way Fire Department for the purposes of providing
fire and emergency medical services dispatch via the City of Federal Way's
membership in ValleyCom. Upon execution of the interlocal agreement, the City
of Federal Way may, at its option and under such terms and conditions as Federal
Way deems proper, appoint the Federal Way Fire Department to function, as do
the Auburn, Kent, Renton, and Tukwila Fire departments, for the purposes of its
representation on the Operations Board and for the purposes of calculating and
remitting payment for dispatch services.
Page I of7
A-8
WHEREAS, Since the enactment of the ValleyCom Interlocal, the City and the
Fire Department have entered into separate negotiations regarding the functions, rights
and responsibilities of those two entities under the ValleyCom Interlocal.
WHEREAS, Pursuant to the request of the City at a meeting held on February 21,
200 I, the ValleyCom Administration Board approved by unanimous motion that
ValleyCom and the Fire Department should mutually indemnify each other without
passing that obligation through to the City via the indemnification provision established
in the ValleyCom Interlocal. Additionally, this motion also approved and reaffirmed that
the Fire Department would be charged the same rate per fire call that would be charged to
other member cities for their fire calls.
NOW, THEREFORE, in consideration of the mutual rights and obligations
established in this agreement, the parties agree as follows:
AGREEMENT
1.
PROVISION OF SERVICE. ValleyCom will provide fire and emergency medical
dispatch services to the City and the Fire Department pursuant to the ValleyCom
Interlocal, and the City will also make ValleyCom's services available to the Fire
Department pursuant to the terms of the City/Department Interlocal Agreement.
2.
CALL FOR SERVICE. For purposes of this Agreement, the definition of a call for
service will apply as outlined in Valley Communications Center Standard Operating
Procedure #124, as now exists or is hereinafter amended, the current version of which is
attached hereto as Exhibit A, and hereby incorporated herein by this reference.
3.
VALLEY COM RESPONSIBILITIES TO THE FIRE DEPARTMENT. ValleyCom
will furnish the following dispatch services to the Fire Department.
3.1
Receive and accept all emergency, fire, and medical calls from within the
boundaries of areas served by the Fire Department.
3.2
Transmit alarms to the Fire Department and dispatch the equipment according to
the procedures established by ValleyCom with input from the Fire Department.
3.3
Maintain radio and support communications with the Fire Department from the
time of the initial alarm until conclusion of the emergency and to provide
additional assistance as needed with customary support as provided by
ValleyCom.
3.4
Prepare and forward to the Fire Department each month a printed record of all
emergency calls for service received, calls transmitted, and vehicles dispatched.
Page 2 of 7
A-9
,
,
tV
4.
3.5
Record and maintain a record of radio and telephone communications relating to
all emergency incidents for 90 days, as required by the ValleyCom Operations
Board, unless requested by the Fire Department to retain any particular record for
a longer tim~. ValleyCom shall also make available a copy of the record for the
Fire Department at mutually agreeable times should the Fire Department so
desire.
3.6
Provide communication services to process requests for support assistance from
utilities, medical services, police services, and other services to aid the Fire
Department if such assistance should be requested.
3.7
Provide telephone lines and call numbers as agreed upon between the parties
consistent with Section 4.3 below.
3.8
Pay the cost for telephone line service charges between ValleyCom and any
receiver located in the Fire Department's boundaries, except as provided in
Section 4.3 below.
3.9
Provide agreed upon services by Valley Com twenty-four (24) hours per day,
seven (7) days per week, during the term of this agreement.
3.10
Provide the Fire Department with a copy of ValleyCom's standard operating
procedural rules for dispatching.
3.11 Provide access to ValleyCom's F.C.c. licensed radio system resources, subject to
those constraints and restrictions established and imposed by the ValleyCom
Operations Board.
FIRE DEPARTMENT RESPONSIBILITIES TO V ALLEYCOM.
4.1
The Fire Department shall provide and maintain written alarm response
procedures, on forms acceptable to ValleyCom, designating equipment to be
dispatched for all alarms within the City.
4.2
The Fire Department shall comply with the standard procedural rules for dispatch
as may be established from time to time by ValleyCom.
4.3
The Fire Department will pay any additional costs incurred by ValleyCom for
providing equipment or services requested by the Fire Department that solely
benefit the Fire Department; provid~d, however, ValleyCom may at its sole
option, elect to pay for the equipment or service.
Page 3 of 7
A-lO
,
,
4.4
The Fire Department will conform to the standard communications procedures
and apparatus numbering configurations as established by Valleycom. Apparatus
renumbering will not be concluded without consultation with ValleyCom.
4.5
The Fire Department authorizes the ValleyCom Operations Board the exclusive
right to grant new requests to use ValleyCom licensed fire radio frequencies for
member or non-member agencies.
5.
FEE FOR SERVICES. For the duration of this agreement, the rate for fire calls to
be paid by the Fire Department shall be the same rate that the City, as a member city
under the ValleyCom Interlocal, would pay for those fire calls, were the City the direct
provider of that service. ValleyCom will bill the Fire Department directly for these calls,
and the Fire Department will pay within thirty (30) calendar days of the date of
ValleyCom's invoice. ValleyCom will have equal rights against both the City and the
Fire Department as are provided by the ValleyCom Interlocal for failure to make payment
under this section.
6.
OTHER PROGRAMS. ValleyCom is currently, and will in the future, consider other
programs and services not specifically related to dispatch services described in Section 3.
This Agreement does not provide for or otherwise address such additional programs and
services. Such additional programs or services shall be subject to further negotiations and
agreement of the parties.
7.
DISPATCH RECORDS. All records and recordings maintained for calls received from
within the Fire Department's boundaries shall not be disclosed to any person without the
consent of the Fire Department, unless a valid public disclosure request, subpoena or
court order requires Valley Com to disclose such information, in which case ValleyCom
shall immediately notify the Fire Department.
8.
INDEMNIFICATION. In its provision of fire and life safety services through the
use of ValleyCom's services of providing fire and emergency medical dispatch services
to the Fire Department, the Fire Department shall have the same rights to indemnification
from ValleyCom as the City would have under the ValleyCom Interlocal. The Fire
Department's right of indemnification will be direct as regards Valley Com and the City
will not be included in the indemnification unless the City's direct liability is asserted in
the claim.
In its provision of services to the Fire Department for the Fire Department's fire and life
safety services, ValleyCom shall have the same rights to indemnification from the Fire
Department as Valley Com would have [fOm the City under the ValleyCom Interlocal.
ValleyCom's right of indemnification will be direct as regards the Fire Department, and
the City will not be included in the indemnification unless the City's direct liability is
asserted in the claim.
Page 4 of7
A~ll
:
9.
10.
11.
12.
Except as modified in this section, all other rights and obligations pertaining to
indemnification under the ValleyCom Interlocal shall remain in full force and effect.
The provisions of this section shall survive the termination or expiration of this
agreement.
INSURANCE. The Fire Department shall maintain and carry at all times during the
effective period of this Agreement, commercial general liability insurance against any
and all claims which may arise from or in connection with the activities related to the
performance of this agreement by the Fire Department, its agents, officers, employees or
assIgns.
The Fire Department shaH provide Valley Com with a certificate of insurance evidencing
commercial general liability insurance written on an occurrence basis with limits no less
than $1,000,000.00 combined single limit per occurrence and $2,000,000.00 aggregate
for personal injury, bodily injury and property damage.
ValleyCom shall be named as an additional insured on the commercial general liability
insurance policy, and a copy of the endorsement naming ValleyCom as an additional
insured shall be attached to the certificate of insurance. ValleyCom reserves the right to
receive a copy of a certified copy of all required insurance policies.
Upon request by the Fire Department, ValleyCom will provide the Fire Department a
certificate of coverage evidencing liability coverage provided by its self-insured pool.
If the Fire Department is self-insured for any of the above insurance requirements, a
certificate of self-insurance shall be attached and shall be incorporated by reference and
shall constitute compliance with this section.
LIMIT A TION OF AGREEMENT. This agreement is entered into for the benefit of the
parties to this agreement only. The agreement is not intended to confer any benefits on
any other parties and therefore no other or third party shall be entitled to rely on the terms
of this agreement or anticipate receipt of any benefit as a result of the performance of this
agreement.
OPERATIONAL REVIEW PROCEDURE. It is agreed that representatives of
Valleycom and the Fire Department shall meet periodically, if requested by either party,
to review operations or procedural matters of the Valley Com Dispatch Center and/or the
Fire Department.
E911 PARTICIPATION.
l2.l
Valley Com has entered into an agreement dated May l, 1984 with King County,
identified as the "KING COUNTY ENHANCED 911 PARTICIPATION
AGREEMENT." ("E9ll AGREEMENT") ValleyCom is a Primary Public Safety
Page 5 of 7
A-12
13.
14.
15.
16.
17.
Answering Point ("PSAP"). The Fire Department and V alleyCom agree to
comply with all terms and conditions of the E911 AGREEMENT.
12.2
In the event this agreement is terminated, the party initiating the termination
agrees to pay all costs, if any, associated with relocating, modifying or
transferring any equipment or services provided by the E911 AGREEMENT
(incurred by either ValleyCom or the Fire Department) as the direct result of the
termination. All E911 costs to be charged against the parties initiating termination
shall be itemized and justified by the other party within six (6) months of receipt
of the written notice of termination. Where termination is by mutual consent,
each party of this agreement shall pay its own resulting costs.
VALLEY COM EQUIPMENT. All transmitters, consoles, alerting devices, call
receiving equipment, and related facilities located at the ValleyCom Dispatch Center
shall be purchased, operated, and maintained by ValleyCom, except as provided in
Section 1.3 above, and ValleyCom is deemed the sole owner thereof.
FIRE DEPARTMENT EQUIPMENT. All transmitters, consoles, alerting devices, and
related facilities located in the Fire Department shall be purchased, operated and
maintained by the Fire Department as required by ValleyCom in order to interconnect to
Valley Com except as provided in Section 3, and the Fire Department is deemed the sole
owner thereof.
RESERVATION OF OPERATIONAL RIGHTS. ValleyCom retains sole authority to
determine the technical operation and equipment needs of the ValleyCom systems. This
is necessary to insure maintenance of ValleyCom's standards and the highest degree of
compatibility and effectiveness among member/user agencies.
COORDINATION OF AGREEMENTS. Except as modified by this agreement, all of
the rights, obligations, terms and conditions in the Valley Com lnterlocal will remain in
full force and effect.
TERMINATION. This agreement shall remain in effect until the City ceases to be a
member of Valley Com, until the Fire Department ceases to exist, or until the termination
of the City/Department Interlocal Agreement, whichever occurs first, unless amended by
mutual written agreement by ValleyCom, the City, and the Fire Department.
All parties, through their authorized agents, have read and understood this agreement and intend
to be bound by it, and the authorized agents of the City, the Department, and ValleyCom have
signed below this - day of , 200 I.
/
/
/
Page 6 of 7
A-13
.
CITY OF FEDERAL WAY
By:
David H. Moseley, City Manager
33530 lst Way South
P.O. Box 9718
Federal Way, WA 98063-9718
By direction of the City Council
taken
Attest:
By:
Print Name/Title:
Approved as to Form:
Bob C. Sterbank, City Attorney
V ALLEY COMMUNICATIONS CENTER
Ii!
By:
Mayor Steven M. Mullet
ValleyCom Administrative Board
Chairperson
23807 - 98th Avenue South
Kent, W A 9803l
Approved as to Form:
By:
Tom Brubaker, Of Counsel to ValleyCom
[:\Intergov\ ValleyCom\ V alleyComFWFD - 01 0829.doc
FEDERAL WAY FIRE DEPARTMENT
By:
Allen Church, Fire Chief
Federal Way Fire Department
3 l6l7 I sl Avenue South
Federal Way, W A 98003
By direction of the Board
taken
Attest:
By:
Print Nameffitle:
Approved as to Form:
By:
Department Attorney
Page 7 of 7
A-14
,
.
VALLEY COMMUNICATIONS CENTER ST ANDARD OPERATING PROCEDURES
CALLS FOR SERVICE
'OLICY NUMBER: 124
1.0
PURPOSE:
To define Calls for Service (CFS) for purposes of billing/funding calculations and to provide
statistical data to user agencies.
2.0
POLICY:
Valley Com will bill Contract Agencies the established rate for each incident determined to
be a Call for Service as defined herein. Using the same definitions, Valley Com will
calculate each Owner Agency's proportional responsibility when developing the annual
budget.
3.0
PROCEDURE:
Valley Com defines a Call for Service for workload analysis and billing calculation as any
request for service resulting in the dispatch of emergency service personnel, as well as any
unit initiated activity that results in creation of a CAD incident and interaction with Valley
Com personnel, with the exception of the following:
1~
3.1
3.2
3.3
Any mutual aid incident where another Valley Com Agency within the same
classification (police/fire/medic) is dispatched as the primary responding agency.
For example, a police department that responds into another police department's
jurisdiction to provide assistance does not constitute a CFS. However, an incident
involving police, fire and medic units would result in a CFS for all three
classifications. In addition, any mutual aid request dispatched to a location outside
the Valley Com service area constitutes a CFS unless the agency has a contractual
agreement with the communications center making the request.
Any mutual aid request for a medic unit received from another communications
center with an established contractual relationship with King County Medic One. To
alleviate double billing from two communications centers having contractual
relationships with KC Medic One, the agency interviewing the reporting party shall
be considered the originating communications center.
Any incident that is a duplicate of another CFS.
Date Originated: 04/25/96
Date Revised: 0 llO l/O2
Page 1 of 2
A-IS
VALLEY COMMUNICATIONS CENTER STANDARD OPERATING PROCEDURES
POLICY NUMBER: 124
3.4
3.5
3.6
3.7
3.8
CALLS FOR SERVICE
Any incident that is cancelled by Valley Com personnel due to an error or similar
internal reasons. This does not include incidents that are cancelled when the
requesting party calls back to cancel the response after the incident has been entered
into CAD.
Routine traffic stops that do not result in further police activity categorized as a CFS
are counted as one half of a CFS. For example, a traffic stop that results in an arrest
for a traffic violation or a warrant would then be categorized as officer initiated
police activity and counted as a full CFS, but a routine traffic stop that does not result
in an arrest is considered one half of a CFS.
Any informational broadcast such as an Attempt To Locate (ATL) or Be On The
Look Out (BOLO). Also, any informational incident created solely for the purpose
of assisting the dispatcher in tracking unit activity.
Any E911 Hangup (HANGUP) incident that is associated with another agency, such
as a fire department call for service entered as a police hang up call.
A request for service that is answered by Valley Com and downloaded to a
representative identified by. the responsible agency, not requiring dispatch of
emergency services personnel is counted as one half of a CFS. This does not apply to
fire department incidents handled through the Winter Storm Procedures outlined in
SOP #745.
Date Originated: 04/25/96
Date Revised: 0110 lie
Page 2 of 2
A-16
5.B
,
.
PARKS, RECREATION AND CULTURAL SERVICES DEPARTMENT
MEMORANDUM
DATE:
TO:
FROM:
VIA:
SUBJECT:
September 3, 200 I
Parks,Recreation,Human S~rv. i :ß. ld Public Safety Council Committee
Jennifer Sc~tor ~~.
David Mos~e J V1tJ m,..na r
AMENDING PARK REGULATIONS REGARDING EXPULSION
FROM PARKS
BACKGROUND
The Parks Director currently has the authority in the Federal Way City Code to expel
individuals form Parks under Chapter 11, Section 11-55. It has come to our attention that
it will be difficult to enforce the notice of expulsion from the Parks Director if a citizen
chooses not to abide by the notice. Therefore, in order for the expulsion order to be
enforceable, staff recommends the written notice of expulsion shall be a notice of
trespass. The notice of trespass would allow the police officers to issue citations for
criminal trespass in the event that a citizen refused to abide by the notice. The
amendment also provides that the Director may designate another employee(s) to issue
the notice of expulsion. The proposed amended language to Section 11-55 of Article III
to Chapter 11, Park Regulations is shown as underline in the attached ordinance.
The draft amendment attached to this memo has been reviewed by the City Attorneys
office and by the police department.
PARKS COMMISSION RECOMMENDATION
The Commissions will review the proposed amendment at their September 6th meeting.
Staff will report the commission recommendation to the committee on September loth.
COMMITTEE RECOMMENDATION
Motion to forward the proposed ordinance, amending Ordinance No. 91-82, Section 11-
55 of Article III to Chapter 11 of the Parks Regulations, to the full City Council, with a
"do pass" recommendation.
APPROV AL BY
COMMITTEE:
Committee Chair
Committee Member
Committee Member
B-1
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, W ASIDNGTON, AMENDING ARTICLE
III, SECTIONll-55 OF CHAPTER 11 OF THE FEDERAL
WAY CODE. PARK REGULATIONS (Amending Ordinance
No. 91-82,)
WHEREAS, the Federal Way City Council recognizes that City Parks are enjoyed
and used by many citizens; and
WHEREAS, the Parks director currently has the authority in the Federal Way City
Code to expel individuals from Parks under Chapter 11, Section 11-55; and
WHEREAS, some individuals do not obey the rules of the parks, do not obey the
directions of park staff, and do not obey the director's expulsion; and
WHEREAS, the Federal Way City Council finds that the enjoyment and safety of
the public should be protected; and
WHEREAS, the Federal Way City Council finds that in some cases it may be
necessary for the law enforcement officers to issue a trespass citation when individuals do not obey
the Park Director's expulsion from the City Park; and
WHEREAS, the Federal Way City Council finds that it is in the best interest of the
citizens to amend Article III, Section 11-55 of Chapter 11 of the Federal Way City Code; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
ORD#
, PAGE 1
B-2
,
.
Section 1. Article III, Section 11-55 of Chapter 11 of the Federal Way City Code is
amended as follows:
11-55 Expulsion from parks.
(a) In addition to another penalty imposed pursuant to this article, the director or designee may
order the expulsion of any person from any park for a period of one to seven days if he or she
observes such person:
(1) Using abusive or disruptive language or engaging in conduct which disrupts a park
facility or program.
(2) Directing racially offensive remarks at another person.
(3) Using tobacco products in an unauthorized area or facility.
(4) Causing injury or risk of injury to another person or persons.
(5) Causing damage or risk of damage to city property.
(6) Violating any provision of this article.
(b) The director or designee may order the expulsion of any persons from any park for a
period of seven days to one year if such person:
(1) Has been expelled from the park two or more times in any 30-day period.
(2) Caused injury to another person.
(3) Sells, possesses or uses illegal drugs or alcohol.
(4) Possesses or uses any weapon.
(5) Commits more than one violation of this article in any 30-day period.
(c) Any order of expulsion under this section shall be in writing and shall be sent by certified
mail to the person expelled at his or her last known address-:- or deliver in person.
ORD#
, PAGE 2
B-3
(d) The director or designee may forward the written notice of expulsion along with the
certified mail receipt to the Department of Public Safety.
(1) The written notice of expulsion shall be a notice of trespass.
(2) Any person on City park property, in violation of the written notice of expulsion,-
will be guilty of trespass.
(3) The notice of trespass and expulsion will expire on the date indicated in the written
notice of expulsion.
(e) Any person who enters a park during a period during which he or she has been expelled under
subsection (a) or (b) of this section is guilty of violating this article and will be subject to the
enforcement in Section 11-54.
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.
ORD#
, PAGE 3
B-4
.
,
PASSED by the City Council of the City of Federal Way this
, 2001.
ATTEST:
CITY OF FEDERAL WA Y
MAYOR, MIKE PARK
CITY CLERK, N. CHRISTINE GREEN, CMC
APPROVED AS TO FORM:
CíTY ATTORNEY, BOB C. STERBANK
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
K:\ORDIN\Chaplerll.5 update.
Revised 7/17/01
ORD#
, PAGE 4
B-5
day of