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PRHSPSC PKT 01-24-2000 ','.. ; .:. . .;, ',. , .."',, ':"<,',. -...". "~"""""JI-N . " ",~\",,"".~~\'J"é,)/.;\.¡d'i.i\"\\.';':Ût,i.¡,!,{~¡i,io1~;~';"'.1J..~ '~~"""'" ,,' ...i""';:""'i"","".,r,,:,"""";.\I,.t"",,~»\i:'H\¡¡.í.~Ú¡.i(>..,¿à4~~~~ (' h r"S City of Federal Way CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE Monday, January 24,2000 12:00 p.m. City Hall Mt. Baker Conference Room AGENDA 1. CALL TO ORDER Parker Wood ~ CôlotlfflÐ J ainga Ikerd Reuter Reuter Wilbrecht 2. PUBLIC FORUM 3. COMMISSION COMMENTS 4. APPROV AL OF DECEMBER 13,1999 SUMMARY 5. COMMITTEE BUSINESS A. Service Location Study B. SeaTac Mall Security C. City ôf Tacoma Môtölcyck fleet 41ÂiRtøFlanee Iritør1oeal lAC Grant Acceptance PCCI Janitorial Services Contract Softball Umpires Association Contract Skyhawks Sports Academy Contract Vadis Contract Action Action Action Action Action Information Action Action D. E. F. G. H. 6. PENDING ITEMS 7. NEXT MEETING 8. ADJOURNMENT Committee Members: Jeanne Burbidge, Chair Mary Gates Dean McColgan Staff: Jennifer Schroder, Director Sue Floyd, Administrative Assistant 661-4041 j;~Kf;Ùr,.í:.~.¡,.;',~¡,.;:~ L.;', i ,.;J',;::3:::-J!J;ê,..::.,;U.i:::\L,:(.,~.(.Ò;~lÚà¡j~~J.:";'d),/J;)i..".¡,Ü~:j!L<~"...';"i}¿, ¡ ¡);(!.~~g;:;jl~J.¡.\j~Ìr~{¡"\ž~&l~~~iiJ~~~ÚN& City of Federal Way City Council PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE Monday, December 13, 1999 5:30 p.m. City Hall Mt Baker Conference Room SUMMARY In attendance: Council Committee members Jack Dovey, Linda Kochmar and Jeanne Burbidge; David Moseley, City Manager; Derek Matheson, Assistanttothe City Manager; Jennifer Schroder, Director of Parks Recreation and Cultural Services; David Wilbrecht, Deputy Director of Parks, Recreation and Cultural Services; Pat Richardson, Assistant City Attorney; Ann Guenther, Human Services Manager; Andy Hwang, Police Commander; Jon Jainga, Park Planning & Development Manager; Kurt Reuter, Athletics & Specialized Services Manager; Sandra Warter, Municipal Court Administrator; Rick Perez, Traffic Engineer; Sue Floyd, Administrative Assistant Guests: Dini Duclos, David Kaplan, Barbara Reid, Bob Kellogg, Justine and Russell Mentink, Greg Epperson Committee Chair Jack Dovey called the meeting to order at 5:35 p.m. PUBLIC FORUM None. COMMISSION COMMENTS Dini Duclos, Chair of the Parks and Recreation Commission, reported that she has received a letter of . resignation from Dean McColgan, Council member-elect, and recommended to the committee that alternate commission member Dave Armstrong be appointed to serve the remainder of Mr. McColgan's term. Mr. Armstrong has been very active in commission activities. APPROVAL OF NOVEMBER 22. 1999 SUMMARY JEANNE BURBIDGE MOVED, LINDA KOCHMAR SECONDED A MOTION TO APPROVE THE NOVEMBER 22,1999 MINUTES. MOTION PASSED. BUSINESS ITEMS MUNICIPAL COURT RESOLUTION Pursuant to Ordinance No. 99-339, the FederalWay Municipal Court was created and will be operational on January 1,2000. One aspect of the operation includes arraignment proceedings. The Municipal Court intends to conduct arraignments for suspects held in custody by video. The video arraignment equipment and arrangements will not be operational until approximately March 2000. The Municipal Court must conduct all arraignments in person until that time. The King County District Court has offered that, in the interim, the Municipal Court may use a room at the Kent Regional Justice Center for in-custody arraignments at no additional cost over what the City currently pays for daily jail maintenance fees. Although specific circumstances for the proposed resolution address in-custody arraignments, there may be a situation in the interim when Kent Regional Justice Center is not available and another King County District Court must be used. The proposed resolution authorizes court proceedings within King County as necessary. LINDA KOCHMAR MOVED, JEANNE BURBIDGE SECONDED A MOTJON TO RECOMMEND THE ADOPTION OF THE PROPOSED RESOLUTION TO ALLOW MUNICIPAL COURT .,..ó. ~ ',':'. "- \ ó ,';,j,) :'i~ ¡~t}1lfi~\~l~JiW.t:1Ü~!~(i~:;z.(~:rt~¡ 1:>1&5 ,,~&'4~Jtli¡.~iiIJi~i~~m}ï~~W~~~1Žt¿!t:;);~:;'~~i Parks, Recreation, Human Services & Public Safety Council Committee December 13, 1999 Summary Page Two PROCEEDINGS WITIDN KING COUNTY. MOTION PASSED. POTENTIAL SOUTH KING COUNTY HUMAN SERVICES ROUNDTABLE The City of Federal Way has been asked to participate in discussions with other South King County cities about developing a South King County Human Services Roundtable. Ms. Guenther attended the initial meeting on November 22. The forum was sponsored by the City of Kent, with ten cities participating. The group discussed the need for a Human Services Roundtable in South King County, specific goals they would like to achieve, a potential work plan, membership fees, staffing for the group and next steps. The next meeting is scheduled for January 6, 2000. All City Council members are invited to attend. Several South King County cities have dropped out of the King County Human Services Roundtable because many felt it was becoming more of a "Seattle" organization and South King County was not receiving its fair share of human services dollars. Jeanne Burbidge will attend the January meeting. PANTHER LAKE NEIGHBORHOOD TRAFFIC SAFETY PROJECT. . Mr. Perez reported that residents in the vicinity of 6th Avenue SW between SW 320th and SW 330th Street requested the installation of speed humps along that stretch of 6th Avenue SW based on concerns ofhigh traffic speeds and cut-through traffic. In a neighborhood meeting staff conducted on October 13, 1999, after a discussion of traffic calming alternatives, residents requested the installation of four speed humps at a spacing of approximately 600 feet to replace the three existing all-way stop signs, which were viewed by residents as ineffective. Staff sent ballots to property owners and occupants within 600 feet of the proposed speed hump locations. All locations met the balloting criteria. LINDA KOCHMAR MOVED, JEANNE BURBIDGE SECONDED A MOTION TO INSTALL FOUR SPEED HUMPS ON 6TH AVENUE SWBETWEENSW 320TH STREET AND SW 330TH STREET AND TO REMOVE THE THREE EXISTING ALL-WAY' STOP SIGNS ALONG THAT STRETCH. STOP SIGNS ON CROSS STREETS OFF OF 6TH AVENUE SW MAY BE MAINTAINED. MOTION PASSED. V ADIS CONTRACT AMENDMENT This item was tabled until January 2000. CELEBRATION PARK ADVERTISING POLICIES During the December 2, 1999 Parks and Recreation Commission meeting, the Policy and Procedures Committee presented a recommendation regarding permanent and temporary signs for advertising at Celebration Park. After discussion, the commission approved a motion to forward the recommendation to Council Committee for approval in concept and direction. The commission also recommended a public hearing be conducted to introduce the concepts to the community and receive feedback. Staff drafted a Request for Proposal for an advertising consultant to work with the City to determine the feasibility of the concepts, determine constraints in the advertising plan and implement the plan for fee. Temporary signs include banners and temporary advertising that occurs during tournaments and is not permanently installed. Permanent signs are installed for a long period of time and are installed on a permanent basis or as fixtures to the site during an extended period of time. Proposed exceptions for certain types of advertising for permanent signs include all alcohol products and sales, gambling products and sales, tobacco products/sales, adult entertainment, personal products/sales, fire arms and associated products/sales. After review and discussion, JEANNE BURBIDGE MOVE]), LINDA KOCHMAR SECONDED A MOTION TO APPROVE AND FORWARD TO FULL COUNCIL THE RECOMMENDATION FROM THE PARKS AND RECREATION COMMISSION AND STAFF FOR CONCEPT AND DIRECTION FOR ':'¡¡";:&:,~\!.1'i;~.ì~i";l"'¡:/¡--'1'.,i'\:'>t'\';'I.';,',1:;":"'-:""'-\,"""i\'i\",'i.'j~/;jJ~\'\"-"u,y,.""";""",.".".-" ,:','., ,','Co",.", """"", ,',"""',., ""..u, "". $,Ú"""",....., i/,ui""".J.,; ¡ ,~i.Jl LI.,¡,'\i,'"!,hu,,-t,~),.,,~~Vi,,...~',;¡':,Ú;""":i\.~:,,>J.E;.tÙ..~ ~ :::.. ,';, ,,"',;,'. /-;:,..-i;':'\;"~"\~Wj,ilj.K:Ü~';,¿,(~fM!r.~r,.-:œ.~ Parks, Recreation, Human Services & Public Safety Council Committee December 13, 1999 Summary Page Three ADVERTISING SIGNS FOR CELEBRATION PARK AND ADVERTISE THE REQUEST FOR PROPOSAL. MOTION PASSED. YOUTH COMMISSION WORK PLAN The Youth Commission held a special meeting on October 11 to develop their work plan for 1999/2000. David Pearson, Chair of the Youth Commission, outlined the work plan as follows: Adopt-a-Family, Dr. Martin Luther King Jr. Celebration, Art Expo, All City Dance, Youth Talent Show, Youth Recognition Night, Outdoor Basketball and Volleyball Tournament, Battle of the Bands, and Skate Park. JEANNE BURBIDGE MOVED,LINDA KOCHMAR SECONDED A MOTION TO APPROVE THE 1999/2000 YOUTH COMMISSION WORK PLAN AND FORW ARD TO FULL COUNCIL. MOTION PASSED. NATIONAL LITTLE LEAGUE PROPOSAL On November 8, 1999, Paul Wham presented to the committee a proposal from Federal Way National Little League (FWNLL) to transfer their property to the City for $1. In exchange FWNLL wants to partner with the City to improve the facility including paved parking, restroom/concession building, ballfield lighting to four fields, public address system and other site amenities. The FWNLL proposed the costs for improvements to the City to be apPloximately $650,000. Other conditions presented included exclusive scheduling of the fields from March through July 15. City to be responsible for all major repairs and cost ofutilitìes. FWNLL would continue to provide the labor to mow, and maintain and prepare the fields for practices and games. On December 2, the Parks and Recreation Commission reviewed the proposal and discussed the benefitsfbarriers. The commission moved to recommend to the City Council to pursue negotiating the acquisition of the property. Staff concurred with the commission that the potential benefits of incorporating the FWNLL property into the City's inventory would cost-effectively increase the community's resource for youth - ballfields. Staff recommended that the exclusivity clause be omitted from the proposal. Ms. Kochmar would also like the time line for development omitted, and discuss the proposal at the City Council retreat in January. Chair ofthe Parks and Recreation Commission Dini Duclos stated that the commission recommends the City Manager enter into negotiations with FWNLL, but they do not accept the proposal as is. LINDA KOCHMARMOVED, JEANNE BURBIDGE SECONDED A MOTION TO MOVE TO AUTHORIZE THE CITY MANAGER TO CONTINUE NEGOTIATIONS REGARDING ACQUIRING THE FEDERAL WAY NATIONAL LITTLE LEAGUE PROPERTY AS LONG AS THE FWNLL IS WILLING TO OMIT THE EXCLUSIVITY CLAUSE PRESENTED IN THEm NOVEMBER 8,1999 PROPOSAL AND FORWARD TO FULL COUNCIL. MOTION PASSED. BATTING CAGE PROPOSAL/CELEBRA nON PARK At the November 8, 1999 committee meeting, Council reviewed a batting cage proposal at Celebration Park submitted by Russell and Justin Mentink. The proposal consisted of six cages with five dual pitching machines that provide slow and fast pitch softball as well as baseball. The proposal facility would be open for eight months a year, seven days a week for approximately ten hours daily. The Mentink proposal included incurring all costs associated with the construction and ongoing maintenance and operation. The committ~e directed staff to prepare and advertise a Request for Proposal, which was advertised on November 13. The Mentink proposal was the only submittal. The Parks and Recreation Commission reviewed the proposal and passed a motion that the concept of a batting cage facility in Federal Way be approved, but not at Celebration Park due to concerns regarding additional noise,. taking space away from other usages (i.e., picnics), validity of revenue projections, appearance of area going from "green" to "cement," ability to maintain the facility. The commission would also like to look at other batting cage facilities in place for several years. Staff concurred with the commission that a batting cage facility would be a valued asset to the community. ;',i,,; "', ,.-":,'ji';;;;;.-i;/;"",,,";lc',:<,;\';\':!iJ;:';'i-',;,/--i,¡!.'(q"'";U¡,;;i,,;,,"I:'.j,,"'¡Ú"'J'Îi~~u&}.Jj}j ".. \. - :,,;';,;'"JÙ"',~"""" ú':I.¡:û;".¡...J.U'¿,,),...I\,.k:. ";'¡JJ)..hÁ~,¡,U;ðI¡,,\.\~~,,~'¡;'~ }71 '~;~ Parks, Recreation, Human Services & Public Safety Council Committee December 13, 1999 Summary Page Four However, staff's recommendation was to keep the batting cage at Celebration Park. It would be very compatible and complementary to Celebration Park's batting complex, and would provide revenue to offset the cost of operation and maintenance as well as provide a service, a "competitive draw" for tournaments and leagues that no other tournament facility has within our region. LINDA KOCHMAR MOVED, JEANNE BURBIDGE SECONDED A MOTION TO DIRECT STAFF TO WORK WITH THE PARKS AND RECREATION COMMISSION TO CONDUCT A PUBLIC HEARING ON THE PROPOSED BATTING CAGE AT A SITE TO BE DETERMINED TO DISCUSS THE NEED FOR A BATTING CAGE AND REVIEW HOW IT WOULD LOOK AND FORWARD A RECOMMENDATION A TTHE JANUARY 24,2000 COMMITTEE MEETING. MOTION PASSED. Staff will produce a computer- generated model of a batting cage at Celebration Park for the public hearing and January 24 committee meeting. PENDING ITEMS Chair Dovey suggested the revenue from cellular towers located at park locations be earmarked for parks and recreation versus the general fund and would like to see this as a future agenda item. Ms. Kochmar would like to see park impact fees as a future agenda item. Ms. Burbidge thanked Mr. Dovey for chairing this committee. Mr. Dovey thanked the commissioners, council and staff for their work and input. NEXT MEETING January 10, 2000, 5:30 p.m.. ADJOURNMENT The meeting adjourned at 7:00 p.m. """~;'t"';-i"';.)i'iYU~¡;'.f;"\'i;"i-'¡,í?;'li'('!i.Ù,,i:Vh~1~i)~-<f'¡H/i<"/,i,;"'i<):','\!i":!{;'/", "\, ",'" ,",,', ,:'""~i".¡)-':~';:;':?d""~';:>;..'-¡,;,,..,:,,:,.~:, ./-::' ."",:..':",,:,.ti.~c¿,¡; ;",Ú:ÚI~~ ""'/' "'J'ú.,¡i.'_" ,;¡"¡'}!M;I'¡'i..- Ù:.u ~.:s:w...w;¡~,~~~..uj.u:¿=.¡"..".lb.r 'H,Á.>{,'1 \,;',J'\i. ,»1';', Ct." , ".'ili<UJ.>.k'.H.,J~~¡t~..,Ù k' ,\'i...,. ..... ">,,, ',L . '.,' ',;-,./ /, ' ,'"..Ü -,-,nt,"£} ,WS>.~ . Item SA CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY COMMITTEE Date: From: January 18, 2000 Camron Parker, Human Services Division Subject: Location of Services Study Background During recent allocation cycles, the City Council and Human Services Commission have asked for information regarding the location of services and agencies funded ,through the City's Community Development Block Grant (CDBG) and Human Services funds. Human Services staff have collected location information from all human service programs funded by CDBG or human services funds during the 1999-2000 biennium as well as capital projects funded with CDBG from 1996-2000. A matrix with the base data is included with this memo. It is important to note that this study is limited to human service providers that are funded by the City through the Human Services Division. There are many human services that are not City-funded. Therefore, the study does not reflect all human services agencies and services available to city residents. The memo is divided into two sections, including human service programs and capital projects. Under each section, key findings are given (in italics) with supportive facts, statistics, and charts. Two maps that visually display the location of services in the region will be presented at the Committee meeting. This is provided for your information. No City Council action is required. This study was also presented to the Human Services Commission on December 20,1999. Human Service Programs (Human Services General Fund and CDBG) Regardless of location. city residents are served by funded programs Non-profit agencies and City departments that receive funding from the Human Services Division are required to record and report how the project or program benefits residents of Federal Way. Regardless of the project or program's location, City funds must be used to benefit city residents. Agencies provide documentation of .this at time of application and, once funded, through quarterly reports. Human service providers have varying service areas Of the 24 current city-funded human service agencies, half are headquartered in Federal Way while half are headquartered outside of the city. This ratio is due to the """""."""."".','"-",,.," .. ":"""""",,,,',"".(~i;"r"'¡'.uÚ}":-"I,;,;;,""lg¡¡:,;', ,'4-.:'iQ;V"",,'!:;i!";;'ym, '".,1 ,:?\ '¡;, :U)\g!~'(/'!It.):,<\ :,~\;J:~:::-\/.;:~':':';, ,','. .,;':;.;.- ~:'" ,;,~",,^_N,I'..:.':¡ii.-.M';",,;}.-»~;;~".....h¡:Á'Ú~:¡¡.~Ù}.i;~V..7J~;;;'; Ø~~h¿~~'s¡m ~ ~ fact that agencies have greatly differing service areas. They may serve only individuals within the city limits, or the school district boundary, or the South King County region, or they may serve all of King County. Differing service boundaries occur for a number of reasons, which may include the stated mission of the agency or the cost of the service being provided. For example, the Domestic Abuse Women's Network (DAWN) operates one confidential shelter in the South King County region. Though there is a need for more shelter beds in South King County, it would be cost prohibitive for DAWN to have a domestic violence shelter located in every South King County city. " In many cases, the City receives a cost benefit when it funds a program with a regional service boundary. For example, the City annually contributes CDBG funds to the King County Home Repair Program. By sharing the program's administrative costs with the County and other participating cities, more funds are available each year for home repairs. The majority of City-funded services have service locations in Federal Way Although half of the 24 funded agencies are headquartered outside of the city; the majority (20 agencies, or 83%) have service locations operating in the city. These locations could be branch offices, churches or schools where programs are offered, or sites that are co-located with other service providers. For example, Community Health Centers of King County provides medical and dental care to uninsured and under- insured individuals county-wide. From their headquarters in Kent they operate several branch locations across the county. Community Health Center's clinic in Federal Way is co-- 20 located with the King County Department of Health. Federal Way residents are served at multiple Community Health Center locations. This indicates that some city residents choose to access human services near their workplaces. An individual who lives in Federal ,Way but works in Kent may choose to access dental services in Kent. Human Service Providers with Locations in Federal Way iii Providers with Locations in Federal Way II Providers without Locations in Federal Way The four providers that do not have service sites in Federal Way include Catholic Community Services, Domestic Abuse Women's Network (DAWN), Elderhealth Northwest, and the Joseph Foundation (the foundation's service site is located just. outside cit'llimits in Northeast Tacoma). '.""""¡":'~'.';;;:;';'.~~':~;;~:¿}'::.t.'~~:'::,:." " , :' ..' , , ",...,,', ,", .' , t.""........". ,',"',.. "'.,, """"""""""~~~",,,,,'~"~I(\)... ,..:..~:....',..,';'.~': .'~.;.'.'i';.; w"SfJ','.~ Services funded by the City are accessible to City residents. Many providers have multiple locations to increase accessibility of services for Federal Way residents. Of the 24 funded agencies, several have more than one funded program and each program may be available at multiple sites. In total, there are 60 sites where services of the funded agencies are available. Forty-seven (78%) of these sites are located in Federal Way. For example, the South King County Multi-Service Center has three city-funded programs including the food and clothing bank, the literacy program and the shelter program. The literacy program and shelter program are available at several locations inside and outside of the city. In total, the Multi- Service Center has ten different locations where programs are offered. Human Service Programs Service Sites IIISites Inside Federal Way .Sites Outside Federal Way Agencies will often use location to tailor the service to its beneficiaries. For example, the Kid Reach program has youth tutoring centers at three area churches. The church locations are close to the elementary schools they serve and they are convenient for the volunteer tutors, who commonly are church members. ' There are four human service programs that are not place-based (therefore not represented on the graph above). These services are available to clients wherever they live or work (such as Meals on Wheels or the Crisis Line, a 24 hour telephone hotline). Capital Projects (CDBG) CDBG capital funds stay local. but recognize regional needs This study also considered the physical location of capital projects funded through the Community Development Block Grant from the years 1996 through 2000. Of the 35 projects, all serve Federal Way residents, with 23 projects (66%) directly located in the city. The remaining 12 projects are either located outside the city or are recent projects that do not yet have confirmed locations, Ten of the 12 projects not located in Federal Way are housing projects for individuals with special needs CDBG Capital Projects: 1996-2000 3 9 iii Sites Inside Federal Way . Sites Out$ide Federal Way 0 Not Yet Sited """""""";""""""',",i;"","""""",,,,""."';"""">":"'".0",.,,', """;"""".,>')"r,.;'~iti\.~-¡;;.&~,,,,.'.¡&.j .', \;~;.\!1:ÙYi.kY/..1JÜJR:(,Sr!S"!'fE/-!:!. Ú~lXl J;~,!fttl.¡'iif¡ ~5:;?':i,kí:B,:¡:;~'i(ì~<;~ f~~ri:}.\W!5ff.~H;;:fl:if.;."~ \\'.:í\;;::ii.,~:_.: j ;.;."'. ,,"'0' ";.; ;~;'¡;/;¡";""'~"v..ù:.:~~~~æ~~§iIt'Mt~ÜID~:iJJ (such as homeless shelters or housing for the developmentally disabled) These types of facilities are regional in nature, serving all of South King County. .Included in the annual CDBG allocation for capital projects is the King County Home Repair Program (HRP). This program provides loans or grants to Federal Way low- and moderate-income homeowners to fix health and safety hazards. As part of this study, addresses for HRP participants were collected and mapped. In total there have been 59 home repair projects in the city between 1996 and the first half of 1999. A map showing the location of these projects will be presented at the Commission meeting. Conclusion The analysis of human services providers and the location of their services has shown that the vast majority of programs funded through the Human Services Division are located directly in the city. It has also shown that service sites for funded programs are numerous and dispersed across the city and region. The City does fund projects and programs outside the City. This indicates that the City has recognized that some human services are best provided at a sub-regional or county-wide level. As long as city residents are served by a program, the City has been willing to fund projects and programs located throughout the South King County area. If you have any questions regarding the location of City-funded human services, please contact me bye-mail at camron.parker@ciJederal-way.wa.us, or by telephone at (253) 661-4153. ", "', ",',.:", ','" '~"'!::~""'/:"'!"""'\"");'-:""')","i:"..\"'",;'r~...1.i1i>'ú'..;.ió~':¡¡J:'¡*',';':"'hÜl,ê';';""""""""""""""",''"""",.. -:".,\:";,<,,""'>..,.~{,'jJi,,\:(Ji>,dJ,.ul;";"A,'¡,l"~',,.c,"r .. ""-":'V' ~ ..;;"fu':."'..",,-,,, "';"";'.,';'",-,""^"dX'éÚ'",U;,\"",,V&W ~i;"v.:wv'¡'¡'<;¡'."~~i>'¡'<"¡'J.:'~i}..J:¡..:.::;;;iM.j I ¡.:,',..¡*".",'", ;\""',a.J,R.¡.¡y~~~;òWo'iJ~)5I.:ì','\ii,;:j Location of Services Study City Activity Facility Project Organization Human Services General Fund: 1999-2000 A Admin HQ AP.P.L.E Parenting A Service HQ Subsidized Child Care DM Admin HQ After-Hours Program FW Service Public A.P.P.l.E Parenting FW Service School A.P.P.L.E Parenting FW Service HQ Family Services Program FW Service Scattered Refugee Health Advocacy FW Service Branch Dental FW Service Branch Medical FW Service Scattered Telephone Services FW Service N-P Emergency Feeding - 2 sites FW Service School Clothes for Kids FW Service HQ Operating Support FW Service Scattered Emergency Shelter FW Service Branch Job Center FW Admin HQ Multiple Programs FW Service Scattered Transitional Housing - 5 units FW Service HQ Counseling FW Service Branch Counseling FW Service Scattered Counseling FW Service Public Comprehensive Services FW Service Scattered Comprehensive Services FW Service HQ Counseling FW Service Scattered After-Hours Program FW Service HQ School-in-Lieu FW Service Public Congregate Meals FW Service Public Meals on Wheels FW Admin HQ Multiple Programs FW Service Scattered Volunteer Transportation FW Service HQ Food/Clothing FW Service Church Literacy - ESL FW Service Business Literacy - ESL - 2 sites FW Service HQ Literacy - ESUGED FW Service Public Literacy - ESUGED - 3 sites FW Admin HQ Noyes Transitional Home FW Service Church Job Readiness FW Admin HQ KidREACH FW Service Church KidREACH - 3 sites K Service HQ Counseling K Service HQ Emergency Assistance K Admin HQ Multiple Programs K Service Branch General Agency K Service Public, Comprehensive Services K Service Scattered Shelter ACAP Child and Family Services ACAP Child and Family Services Salvation Army ACAP Child and Family Services ACAP Child and Family Services Birth To Three Development Center Center for MultiCultural Health Community Health Centers of King County Community Health Centers of King County Crisis Clinic Emergency Feeding Program Federal Way PTSA Council Federal Way Boys & Girls Club Federal Way Community Caregiving Network Federal Way Community Caregiving Network Federal Way Community Caregiving Network Federal Way Community Caregiving Network Federal Way Youth and Family Services Federal Way Youth and family Services Federal Way Youth and Family Services King County Sexual Assault Resource Center King County Sexual Assault Resource Center. Korean Christian Counseling Service Salvation Army School-in-Lieu Senior Services of Seattle/King County Senior Services of Seattle/King County Senior Services of Seattle/King County Senior Services of Seattle/King County South King County Multi-Service Center South King County Multi-Service Center South King County Multi-Service Center South King County Multi-Service Center South King County Multi-Service Center The Joseph Foundation Washington Women's Employment and Education World Vision Relief & Development, Inc. World Vision Relief & Development, Inc. Catholic Community Services Catholic Community Services Community Health Centers of King County Domestic Abuse Women's Network King County Sexual Assault Resource Center Senior Services of Seattle/King County City of Federal Way December 1999 Human Services Division " ; ',/.:in ">\\"',i-í.N.)..!q\~~'I)~\'ÚS!~fil.l~'Í'Y;,;~\: ¡,::,, ", ,,' ,"'... .:"r,\:)b:':'-UJ.:""",WÜ>"';'¡¡';¡:~"..W.U_,,\!';':,,',-". Location of Services Study City Activity Facility Project Organization K Service HQ Computer Applications Washington Women's Employment and Education K Admin HQ Multiple Programs Washington Women's Employment and Education R Service Branch Elderhealth Connection Program ElderHealth Northwest R Admin HQ Comprehensive Services King County Sexual Assault Resource Center S Admin HQ Refugèe Health Advocacy Center for MultiCultural Health S Admin HQ Telephone Services Crisis Clinic S Admin HQ Elderhealth Connection Program ElderHealth Northwest S Admin HQ Emergency Feeding Emergency Feeding Program S Admin HQ Multiple Programs Senior Services of Seattle/King County TUK Service HQ General Agency Domestic Abuse Women's Network TAC Service Housing Noyes Transitional Home The Joseph Foundation CDBG Public Service Programs: 1999-2000 FW Service HQ Domestic Violence Unit FW Service Branch Dental FW Admin HQ Parent and Child Education Series FW Service School Parent and Child Education Series FW Admin HQ CARES FW Service School CARES - 11 sites FW Service Branch CARES K Admin HQ Dental CDBG Capital Projects: 1996-2000 B Service Housing Children's Residential Facility DM Service School Child Care Center/Food Program DM Service School Child Care Center/Play Equipment DM Service Housing Victorian Place II Renovation FW Service Housing AIDS Housing Program FW Service Housing Federal Way Youth Shelter FW Service Public Dumas Bay ADA Improvements FW Service Public Int'l District - Pedestrian Paths FW Service Public Int" District - Pocket Park FW Service Public Knutzen Family Theatre FW Service Public Signalized Pedestrian Crossing FW Service Public Thompson Property Acquisition FW Service HQ Front Entrance Project, FW Service Housing Transitional Housing - 5 sites FW Service Housing Federal Way Duplexes FW Service Housing Laurelwood Gardens Playground FW Service Housing Southridge House Fire Safety FW Service Housing Condominiums Acquisition FW Service Housing Group Home Site Preparation FW Service Housing Housing Site Preparation FW Service Housing Site Acquisition FW Service HQ Driveway Enhancement FW Service Housing ,,:,/estway Townhomes Rehab FW Service HQ Site Acquisition City of Federal Way December 1999 City of Federal Way Community Health Centers of King County Federal Way Headstart Federal Way Headstart South King County Multi-Service Center South King County Multi-Service Center YMCA Community Health Centers of King County Ruth Dykeman Children's Centers Highline Community College Highline Community College South King County Multi-Service Center AIDS Housing of Washington Auburn Youth Resources City of Federal Way City of Federal Way City of Federal Way City of Federal Way City of Federal Way City of Federal Way Federal Way Boys and Girls Club Federal Way Community Caregiving Network King County Housing Authority King County Housing Authority King County Housing Authority Mental Health Housing Foundation Parkview Group Homes SKC Habitat for Humanity SKC Habitat for Humanity South King County Multi-Service Center South King County Multi-Service Center Washington State Youth Soccer Association Human Services Division ,.,.,. ,.." ,', ,'," ~~I~' 'ti_.~ ,~;;.;,.i¡"j",':"J,'.';'h."..t.,."lMtr,Ü,i""'~' ~ '" 't 1$ . Location of Services Study City Activity Facility Project Organization K Service Housing Nike Manor Roof Replace King County Housing Authority K Service Housing Nike Manor Sewer System King County Housing Authority K Service Housing Shelcor Emergency Housing King County Housing Authority K Service Housing Buccheit Gardens Apartments Mental Health Housing Foundation R Service Housing Construction Renovation ElderHealth Connection ? Service Housing Transitional Housing Catholic Community Services ? Service Housing Transitional Housing Community Psychiatric Clinic ? Service Housing Young Adult Supporting Housing Valley Cities Counseling and Consultation Legend: City Codes A Auburn B Burien DM Des Moines FVV FederalVVay K Kent R Renton S Seattle TUK Tukwila TAC Tacoma ? Not yet sited Facility Codes HQ Housing Public School Branch Business Scattered Church N-P The headquarters of the agency A housing service A publicly-owned facility A school property A branch office of the agency A business location Services available at multiple or random sites A church location A non-profit facility other than the agency City of Federal VVay December 1999 Human Services Division i,' '"..i:,:,~,.¡ ;" ." ".\',-".",\'I,,;,\;,:'i,:,\:..-,:,;. ";':w,~:"::';h,¡",;;,,;¡,¡-,i:.,.ik¡;iÚ,,:':N;>~;,r.y~.~jiili¡{?i,i~Wiì~¥i,\..U$"'~~~ ~ Item 5B CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE Date: January 10, 2000 From: Ronald T. Wood, Chief of Police Subject: SeaTac Mall Security Contract Background: A second amendment to the original SeaTac Mall Security contract will continue police services as described in Section 1 of the original agreement, effective January 1,2000, and increase the compensation to the city for providing those services. The amendment will increase the cost of the officers from $25,000 per officer per year to $32,274 per officer effective in January, 2000. This amount substantially covers 50% of the direct cost ofthe positions and preserves the original compensation ratio between the City and the Mall. SeaTac Mall Manager, Robert Fliday requests implementing the increase in incremental payments, with the Mall to pay to the City $4,791.67 per month from January 1,2000 through June 30,2000 for a total of$28,750.02; and $5,379.00 per month from July 1, 2000 and thereafter until amended by a future agreement. The City Manager reviewed and authorized his request. Committee Recommendation: Recommend Committee approval to accept the second amendment to the original SeaTac Mall Security contract to increase Mall costs for police services effective January 1,2000. APPROVAL OF COMMITTEE REPORT: Committee Chair Committee Member Committee Member .,..1" ,),.,."',;::,,, ,¡:-:':-',';:,;L~,;. ;y,. ">.,;¡,J~,¡;!."",..."";"";;,."",,,,..,.!,¡i:;'i.",,..Ù,;,~.;i¡\:Lw¡;,;~.~W~~ü.~.¡.¡~~' """""-"', """"""'¡"""'.';""';í,~ ~ SEATAC M-A"L"L June 10, 1999 Lt. Ian J. Canaan Department of Public Safety City of Federal Way P.O. Box 4956 34008 9th Ave. S. Federal Way, W A 98063 RE: Mall Officer Compensation Ian, I am in receipt of your letter dated June 1, 1999 concerning the compensation for the officers that are assigned to the Mall. I agree with you in adjusting the renewal date to January 1st of each year, as that also coincides with the commencement date of òur annual fiscal year. I would ask though, since the proposed increase for the Mall officers represents a 29% increase over the current rate paid by the Mall, if it would be possible for the Mall to pay the 50% match increase in the officers rate in two steps for the year 2000. I propose that on January 1st that we pay a monthly fee of$4,79L67, and on July 1st, we pay a monthly fee of$5,379,OO; This step approach would bring the 50% match to the current pay rates by July 1st. Beginning with January 1st of 2001, we would than pay 50% of the current officers rate as of that date. " '" If you could provide this infonnation to Chief Wood it would beàppreciated. If you would like to discuss this proposal in greater detail, or have any question, please advise. .. " ' 1928 South SeaTac Mall"Federal Way, WA 98003"Fax (253) 946-1413 , ' Management Office (253) 839-6156l>Marketing Office (253)941-9238, ,i/;~~>!';",¡',',"i:,~f';)';v,:.ii',i(¿';"'?)'>""';j;,'."""":"";". """";"""""',',','-"'<!""'-"""""\"""';';':...,~i.",,:;..,5"':;',,-.J"'~;""""""" ",¡¡: ~~fH~"""¿:'V¿"'J..,.:¡x;Ü,>.;¡(>y,~"""óiK<I;,\,"'",;,, ',,; ~,;,:..,;Ú"~"""'¡;"^'k":v,,'> U I."'N', ,',1,.,-::'.,' ..:., ;',~á.;.¡t.;;,;..;a~ii¿~~i~~~~~ SECOND AMENDMENT TO AGREEMENT FOR SEATAC MALL POLICE SERVICES This Second Amendment ("Amendment") is dated effective this 1 st day of January, 2000, and is entered into by and between the City of Federal Way, a Washington Municipal Corporation ("City"), and the Sea-Tac Mall Associates, a Washington limited partnership ("Mall") which is the owner of the SeaTac Mall ("Property"), A. The City and the Mall entered into an Agreement for SeaTac Mall Police Services dated effective November 29, 1996, as amended by the First Amendment dated November 29, 1997, whereby the City agreed to provide police services for the Property ("Agreement"). B. The City and the Mall desire to amend the Agreement to continue the Services described in Section 1 of the Agreement, by increasing the compensation for providing the services. NOW, THEREFORE, the parties agree to the following terms and conditions: I 1. Compensation, Section 4 of the Agreement shall be amended to provide that the Mall shall pay to the City Four Thousand Seven Hundred Ninety-one and 67/100 dollars ($4,791.67) per month from January 1,2000 through June 30, 2000 for a total of Twenty-eight Thousand, Seven Hundred fifty and 02/100 dollars ($28,750.02); and Five Thousand Three Hundred Seventy-nine and 00/100 dollars ($5,379.00) per month commencing July 1,2000 and thereafter until 'amended by a future agreement. 2. Full Force and Effect. All other terms and conditions of the Agreement not modified by this Amendment shall remain in full force and effect. DATED the effective date set forth above. CITY OF FEDERAL WAY By: David H. Moseley, City Manager 33530 151 Way South Federal Way, W A 98003 A ITEST: City Clerk, N. Christine Green, CMC /,;:{.:;"\;I,;..j,,;, ~,.,'",.,..:~:h;':":,...;.;:,..:..;,,.,... : i,ì, ;~), ;'¡;)!,}~';):;'!\i(8}.(.f, \,i f, {, iy:d,'-i.;' ie,,', ': \!-dú~\W;m.J~:ií:ffi$¡i).:ì:Y_ko/';;'~¥,:..;B:rit; "",l.!,.,.5"\...,'b-,-""",,,,"."U""h~ ' , .,~.:\.1:I:W~ APPROVED AS TO FORM: -!;;é 12/Æ;;1./~ h, Londi K. Lindell, City A'homey By: By: Its: K:\police\seatac2.mal H.M.A. Enterprises -Sea-Tac Mall LP., a Delaware Limited Partnership N.T.L Sea-Tac Mall, Inc. a Delaware Corporation General Partner Harry Newman, Jr. President 249 E. Ocean Boulevard, Suite 300 Long Beach, CA 90802 "1","';"""" ",', ",,', " ", ',:;-,.,,",':"'¡W'l'¡,U:\Y/"Y""" 'i't¡¡¿'¡{R!~ÙYf;;ftif¡;l,"'¡'Î¡tj.jji'Û;f,(~J},,>¡J:'i;),i¡;',~;:Ú "',h',,({,,;:<'{<.v6')A,,i;Ú,\';,\;~,jr/:,\,ta;,',:', :;';"'" ,,',) ".d"";';,~ ,:',. i ""¿";.;j",\;,;"<;~";>?,'4'6'JTJi:(,,,-'=>' ' , '.t ,}., ; ( Ab ~ qlo--;)Î<g êff ~(j- ~d AGREEMENT FOR SEATAC MALL POLICE SERVICES This Agreement for Police Services ("Agreement") is dated effective this ~ day of lVoue..~be..í I 193.k... The parties ("Parties II) to this Agreement are the city of Federal Way, a Washington municipal corporation ("City"), and Sea-Tac Mall Associates, a Washington limited partnership ("Mall") which is the owner of Sea Tac Mall ("Property"). A. It is in the best interests of the citizens of Federal Way for the City's Police Department to implement a comprehensive public safety program, which program covers all geographic areas of the City and which recognizes that increased police presence in a heavily traveled part of the City, such as the Property, is a benefit to all; and B. The City desires to contribute to citizen safety by providing additional services as represented in a police "mini- beat" at the Property. NOW, THEREFORE, the Parties agree as follows: 1. Services. The City shall provide the police services more specifically described in Exhibit "All, attached hereto and incorporated by this refer:~ce ::~ViCeSft). , jri 4 Except as otherwise provided herein, this Agreemen~ iall commence on November 2~' 1996 and terminate on November 2ft, 1997 ("Termll). This Agreement may be extended for additional 'periods of time upon the mutual written agreement of the City and the Mall. 3. Termination. , Prior to the expiration of the Term, this Agreement may be terminated by either Party upon sixty (60) days prior written notice to the other Party, unless terminated sooner due to a default. OF:~",,~.,:\L ,', .,'.',"'.,[,'..'-, ,,' .,'.',.','"..,<;,..:,:~',:',¡.:,\.:".,-t,!:ji,\j,Ja';l~.r~'¡V;.íþâÚ\A.~ti~~,¡ì.vl~'i('~w~Úx~~,;,Ú"'¡J'~ ..."....."."';",;."..."",,,,~: ,--.U' ..>..> _. --, ,- > -~ ~ ( 4. Compensation. In consideration of the City performing the Services, ,the Mall agrees to pay the City an amount equal to Fifty Thousand Dollars and no/IOO ($50,000.00), calculated at a rate of Twenty-Five Thousand Dollars and no/IOO ($25,000.00) per officer per year, and shall be subject to adjustments for a partial year or a reduction in the number of officers, if applicable. Payment by the Mall for the Services will be made on a quarte:r:~y_þ~sis(_Jhe.first;,,_R~ymeI:l1; due prior to the inception of the Services. In the event of a reduction in the contract price, the City shall refund the difference of any prepaid amount to the Mall within fifteen (15) days after written demand. ' 5. Indemnification. 5.1 Mall Indemnification. The Mall "agrees to indemnify 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 or intentional acts, errors or omissions of the Mall, its partners, shareholders, agents, employees, or invitees or by the Mall's breach of this Agreement, or by . defects with the Mall's facilities. The Mall'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. 5.2 City Indemnification. The City agrees to indemnify and hold the Mall, Newman Shopping Center Developments, L.P. DBA Newman Properties and SeaTac Mall Merchants Association and their respective 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 caused by the negligent or intentional acts, errors, or omissions of the City, its employees or agents while acting under the d¡rection of the City. - 2 - t p:.k~itJlÜ'¡:¡:;i.Ð/:-,:¡r¡'.¡ül /.;;1 \J,;,\~),~) ¡ /j,j.!¡.i,<,J ;,;t.r}/,; ..Úi~ ~~i.J.;jj~¿\:Ø;i:£i~ktS X'~ ~~;',i{.;:!,~;'><"\)',~\;:.,,; .~, /,'; ,';', ,', ./ ""." ;'. ;;;\ fÏi:î'¡~¡:;'¿~~~~{f~~1lli~~ ( ( 5.3 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. ' 6. Independent Contractor Status. The City is performing services under this Agreement as an independent contractor, and as such, is responsible, at its sole cost and expense, for maintaining all appropriate insurance, including but not limited to, worker's compensation insurance, and the payment of all taxes, including but not limited to state and federal income, social security, disability, and all other taxes. The city shall maintain general liability insurance in the amount of $1,000,000 single limit and $2,000,000 aggregate, which coverage includes property liability. The Mall, Newman Shopping Center Developments, L.P. DBA Newman Properties and SeaTac Mall Merchants Association shall be named as additional insureds, and the City shall furnish certificates of insurance to the Mall upon request. 7. General Provisions. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. This Agreement shall be binding upon and inure to the benefit of the Parties' successors in . interest, heirs and assigns. Any provision of this Agreement which, is declared invalid or illegal shall in no way affect or invalidate any other provision. 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 subject to such rights to recover same pursuant to Section 5. The venue for any dispute related to this Agreement shall be King County, Washington. Failure of either party to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Time is of the essence of this Agr~ement and each and all of its provisions in which performance is a factor. - 3 - " "'" ""'J""'~"¡';:'~"'!:"~;"";""""""""¡'}¡~.,,~..,~. ,'Y"'",;.,-.",'":,.",,,,"o~-i)L>'j,:<.tíic J, lj."':;s'\Yo>. ..'. ..::",...~"..',..'w','-'C".,~..L.....!.i¡" ' 'Ól< "'~"'~"'~ ,-', ( (' 8. Notices. Any written notices to be given hereunder by either party to the other may be effected either by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addressed to the following addresses, but each party may change the address by written notice in accordance with th~s paragraph. Notices delivered personally will be deemed communicated as of actual receipt; mailed notices will be deemed communicated as of two (2) days after deposit, postage prepaid, in the u.s. mail. The City city of Federal Way 33530 1st Way South Federal Way, WA 98003 Attention: city Manager The Mall SeaTac Mall Associates 1928 South SeaTac Mall Federal Way, WA 98003 Attention: Manager DATED the day and year set forth above. CITY OF FEDERAL WAY By: , Kenneth E. Nyberg 33530 1st Way S Federal Way, WA 98003 - 4 - .; iì;j;;, ~'1,~! ,,' ;ÚÚ)U~,ï~~~;~':;'~llliiiiL~:m¡Jjjj/.tJ iN. tD¡.;.;¡,L:'~¿;:Í.!i,:..ü}(i.::'; ;;Q,i¡RÚ¡.; i i¡..i~~ù:ilitf.{.¡j) ;j:,ü~?t},,~m~'~I~~.t\~'>~"¡"'.,,~.:.i:Ni~r¡i¡tit~Î~\W \/~ ( c APPROVED AS TO FORM: ~ ~itY ~to=ey, ~Iu!~ Landi K. Lindell SEATAC MALL ASSOCIATES a Washington limited partnership By: Harry Newman, Jr. Its: 1 Partner an Boulevard - 5 - . ..:'CC""i"".,.ii',.>,"<.:I"",;,'-'{);.:,J'\>';¡¡<"¡'¡iil~,,:¡'¡/,:¡y~';'¡i:J.W "....,.", "",."..:.r,';'. ""';'~1.l.N~,';":M>,;t;"",,;L!WJI'1I¡.¡'X~",r~!rJ.':(-»mv,:i"'1';u;{J;~~ / ~ EXHIBIT "A" ~ SCOPE OF SERVICES 1. The City will provide to the SeaTac Mall two (2) full time, experienced police officers ("Contract Officers")to provide security for the Property, its businesses, tenants and customers and its premises. These officers will work in conjunction with private security or other police agency representatives employed by the Mall or any of its stores and tenants. 2. The City will retain control over the Contract Officers and the Contract Officers will work under the general and direct supervision of the Police Department and will adhere to departmental policies and procedures. The Contract Officers will work in a full duty status while on duty as in any Police Department duty assignment. Contract Officers will be in uniform during duty hours and will be provided with radios, vehicle, and other regularly used police equipment. Bicycles and computer equipment may be provided, at the Police Department's option, to increase service levels. 3. The Mall may provide in-line office space, a public access kiosk, or other facilities to increase public access and visibility of the Contract Officers. Mall management may direct the security efforts of the Contract Officers on a day-to-day . basis, consistent with Police Department policies, to assure continuity, coverage, and coordination of efforts; provided, however, that in the event of a conflict between Mall direction and Police Department direction, the Police Department direction shall control. 4. Hours of coverage will be flexible to address special Mall events and will be established by the Police Department in conjunction with Mall management. Contract Officers will be assigned in one (1) year increments, but may be rotated to address Police Department needs or Mall management interests. The City will provide ten (10) eight-hour shifts per week, with officer absences due to illness, time off, or training replaced by general assignment officers to maintain consistent coverage. Contract Officers will lose no benefits, assignment, training, or promotional opportunities due to the Agreement. s. Contract Officers will combine foot patrol, vehicle patrol of the Property parking lot and perimeters, and office, booth or kiosk fixed positions ,to provide security, visibility, and police services. Exhibit A to Agreement for SeaTac Mall Police Services - 1 " ""..,.,., , ,"";"";i.<,;,;,¡;".."\";\."",,ìl.¡~..';¡,.ij,,X.¡j;.i¿";;¡~~~~~JJjj~q¡ii~Ù~tw.&""': '" ' , ,'. \' ';": ( ( 6. Contract Officers will serve within the Property interior and parking areas as a ~mini-beatn within the general geographical dispersal structure of the City, placing it as a section within a regular beat. The regular beat officer, in whose beat the Mall mini beat is placed, will provide presence and response capabilities consistent with general beat management strategies. The Mall's coverage by the regular beat officer will not be reduced by the presence of the Contract Officers or by the use of other police agency representatives or private security agency representatives or private security staff in the Property or in individual stores. All supplemental police services will remain unaffected by the coverage provided for in the Agreement. 7. During assigned periods, the Contract Officers will respond to police or public safety incidents. If the matter can be resolved by the Contract Officers expediently, no general assignment or specialized assignment officers will need to respond. If needed, as determined by the Police Department, other officers will be dispatched as in the resolution of any similar matter throughout the City. If the incident requires extended investigation or follow-up investigation away from the Property, or prisoner transportation¡ general assignment officers will relieve the Contract Officers to allow them to resume their security duties as soon as practical. Exhibit A to Agrèement for SeaTac Mall Police Services - 2 "',..;~"",:"....",.', ~.,.ù,.:.' ...'.. ;,.,.", u"'",j"",>,.",.,.;;):,,~;.\',):;>;,.Yì"';,)'.~;.,).:'¡¡}»:¡¡ttii:?";:).~ttlj4;:;i~~~h' . ".,,".. ,":. ", ".".; '.'VI . ", the compensation on . f.; terms as described in sectior~ except that conmencing on November 29, 1997, payments will be made on a monthly basis instead of on a quarterly basis. FIRS T AMENDMENT TO AGREEMENT FOR SEA TAC MALL POLICE SERVICES This First Amendment ("Amendment") is dated effective this 29th day of November, 1997, and is entered into by and between the City of Federal Way, a Washington municipal corporation ("City"), and the Sea-Tac Mall Associates, a Washington limited partnership("Mall") which is the owner of SeaTac Mall ("Property"). A. The City and the Mall entered into an Agreement for SeaTac Mall Police Services dated effective November 28, 1996, whereby the City agreed to provide police services for the Property ("Agreement"). B. The City and the Mall desire to amend the Agreement to extend the term of the Agreement. NOW, THEREFORE, the parties agree to the following terms and conditions: 1. Ierm. Section 2 of the Agreement shall be amended to provide that the Agreement shall automatically renew every year, unless otherwise indicated in writing by either of the Parties, pursuant to Section 3 of the Agreement. 2. Compensation. In consideration of the extension of the term, the Mall will pay to the City $50,000.00 f01 ucll 'C:ð:í thð:t tit" A~ICGn1c.lit i3 m c.ffeet, I'Hf3tiftfit ta Seetiafl 4 af tfl~ - l...l;reeæeftt, 8fla 88FRmeR8ing 8ft NovemBer 29, 1991.. 3. Full Force and Effect. All other terms and conditions of the Agreement not modified by this Amendment shall remain in full force and effect. DATED the effective date set forth above. CITY OF FEDERAL WAY By: ~ I Kennetli E. 'berg, City Manager 33530 1st Way South Federal Way, WA 98003 ~rj)I~~ Cit Clerk, N. Christine Green, CMC ORIGINAL ." '",-;" ," "'.' ,,",:"';""""', ,\",~",,'è'~>,",';)J""',""":",.',"i.l<;'¡l.~'.1\'lJj¡;..{;H1~ .,"'::.: .,,:"~"<!;:':\)'I.';\:.;:':.(::\}\':l~~,~.::,~i,{:,~,:U;j;;il.\~Uá!,~\~WÛÄ'WM..#¡;¡:' "., ~,c~~\J" ..\W.I4.~ ( \. APPROVED AS TO FORM: ~'7Vt'W ~ ~ City Attorney, Londi K. Lindell () K:\policc\seatacl.mal - 2 - ( R.M.A. Enterprises - Sea-Tac Mall LP., a Delaware limited partnership By: N.T.L Sea-Tac Mall, Inc. a Delaware Corporation General Partner By: H~e~on~ . Its: President 249 E. Ocean Boulevard, Suite 300 Long Beach, CA 90802 . " ;"'O:, , '¡¡"'/.';.:~~~Jj1.Úktíjti'¡(?>'/i.ufjY.,~'j./;¡~Yå¡:'.:t;'¡~¡I).l-j..í-rij.':Hw.;!~~~M'...J-~Ú.:í.""/Í~."'i';"""'ß."W~ , . CITY OF FEDERAL WAY Item 5C CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE Date: January 10,2000 From: Ronald T. Wood, Director of Public Safety; Through Daniel J. Coulombe, Commander of Administration Subject: Interlocal Agreement; City of Tacoma and City of Federal Way Department of Public Safety for Motorcycle Fleet Maintenance Services Background: Pursuant to the Interlocal Cooperation Act as governed by RCW Chapter 39.34, the City of Federal Way Department of Public Safety requests approval to enter into an Interloca1 Agreement with the City of Tacoma Fleet Services for a cooperative effort to provide Federal Way Department of Public Safety Traffic Unit with cost-effective services for motorcycle maintenance and repair. The purpose of this Agreement is to set forth the terms and conditions by which City of Tacoma Fleet Services will perform maintenance and repair services for Federal Way Department of Public Safety Traffic Unit, as well as compensation to the City of Tacoma Fleet Services for said services. Services may include fleet fueling and operator training as requested by Federal Way. The term set forth will be indefinite and will continue until terminated by written notice received sixty (60) days prior to the termination date. A review will be performed semiannually by both parties to evaluate the effectiveness and performance of this Agreement. Amendments will be allowed any time by mutual written consent of both parties. This Agreement also outlines other specific concerns relevant to mutual expectations and responsibilities. The benefits realized by this new venture will afford Federal Way to build a favorable relationship between the Department of Public Safety Traffic Unit and Tacoma Fleet Services. The Tacoma Fleet Services currently maintain 26 motors for the Tacoma Police Department and 15 motors for the Pierce County Sheriffs Office, exhibiting the expertise and knowledge needed to maintain the Traffic Unit motors. The staff often (10) technicians are required to keep current certification from Kawasaki and work between the hours of 7:00 am to 11 :00 pm. The accessibility combined with the maintenance of stocked motorcycle parts will further contribute to the reduction in "down time" and ensure the Department of Public Safety to continue to maintain the level of police services our Community deserves. Attached is the final draft for an Interlocal Agreement between the City of Federal Way and the City of Tacoma. Committee Recommendation: Motion to approve and accept the Interlocal Agreement between the City of Federal Way and the City of Tacoma for the provision of motorcycle maintenance and repairs. APPROV AL OF COMMITTEE REPORT: £"'~~~;4-4-~~ £"'J..~:.. r",rnrnitt""" Mø.mhø.r rnrnmittpp Mpmhpr ..!hi:';;";M"/i~~\bd"~i,V";";';I>hiii>'i';;""'.,.i""-' ""',',,' ",',..- '"""';'..,,, , , ,", , . "i<i>.(í ~.p~~,,¡, .,..'Jdl':;uü t;, fJ,»hN,¡ ii.,,;;" i ,'.'.;,"'.",,~J. ¡<{L,:,;., rüsf',~;t¡N/..vi1~~ál!jß:tJj¿::'l;,j.;¡LJ.;:::'¡J;' ';.JX¡~;,-;i:i~/âÓ'»(ti'i.'i.'XS}J¡""J;«.'Ÿi'~'~Ii.~I{. . . . . [âfjfF~å~d_ën~'~'!~<::9~~'.AG!.~~?_:,.'- , . ':, :..., '.. '. .' -- '...- 't" P~~~.1j _"'-,---,-------,---,..". -----'--"-"""'--..---... -"""""---,..-.._-,.. .'",.. ,.. 'n- ,"..----- '.., '.. -- . INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND THE CITY OF TACOMA FOR MOTORCYCLE FLEET MAINTENANCE SERVICES THIS INTERLOCAL Agreement is made and entered into by the CITY OF TACOMA ("TACOMA") and the CITY OF FEDERAL WAY ("FEDERAL WAY"). I. RECITALS A. Chapter 39.34 RCW, the Interlocal Cooperation Act, authorizes Agreements between jurisdictions. B. FEDERAL WAY desires to obtain cost-effective services as set forth herein for the maintenance and repair of FEDERAL WAY's motorcycle fleet. C. TACOMA has the ability and capacity to provide certain maintenance and repair services, as,outlined herein, and is willing to extend such service to FEDERAL WAY on the terms and conditions outlined herein. D. The parties believe that the provision of services to FEDERAL WAY by TACOMA as set forth herein will allow an efficient method 9f reducing maintenance costs for the parties. E. A cooperative effort between the parties is essential to ensure that the purposes of this Agreement are fulfilled. NOW, THEREFORE, it is Agreement by and between the parties as follows. II. DEFINITIONS As used herein, the follo~ing te~ms shall have the following meanings: A. B. Abuse shall mean any damage to a motorcycle caused by misuse or neglect by the equipment operator or other persons. "Disposal" or "Surplused" shall mean a process by which motorcycles are sold, transferred, or otherwise taken out of service by a party. INTERLOCAL AGREEMENT - 1 K;ITRAFFICITACOMAAGT ",','- ,.--" ;-,..._..,:_,..~,...-:.~;~;i;,.:JÙ:;;:$:;;jj~~~í~~~~~ ? . ' . [i;~~Eà C?a'l11den:!~Q~.AG!~~~è._~~~-_.~--,- '.-- ,~~~~~.~---~~~- ..-, " . .. '. ,.'" - C. D. E. F. G. _~~ge..~ ". ,.." ,.. "In-Service" shall mean the setup of new or refurbished equipment and/or components. The in-service of new motorcycles shall include numbering, application of decals, licensing, and entry of information into the Fleet Information System. "Modification" shall mean the alteration, -addition; adjustment, or deletion of a motorcycle's original physical equipment or structure. "Maintenance and Repair" shall mean those services performed for the proper refurbishment or upkeep of motorcycles for the purpose of sustaining their proper function and value. Maintenance is divided into scheduled, unscheduled, and quick-fix. 1. "Scheduled Maintenance" shall mean the planned and prearranged service and repair of motorcycles. Examples include the performance of a motorcycle modification, repainting a motorcycle, and preventive maintenance. 2. "Unscheduled Maintenance" shall mean those services performed to remedy a motorcycle breakdown or the sudden, unexpected failure of a motorcycle part which makes the motorcycle or a part thereof inoperative or the operation of the motorcycle unsafe. Examples include the repair of a flat tire and the repair of a discharged battery. 3. "Quick-Fix Maintenance" shall mean the temporary repair of a motorcycle component. A OF is made in order to return a motorcycle to immediate service and when FEDERAL WAY does not want to take time to allow TACOMA the opportunity to diagnose and repair the true cause of the problem. Examples include installing a new battery when a motorcycle will not start while a defective alternator is the source of the electrical problem. "Warranty," when used in the context of motorcycles, parts, or equipment of motorcycles, shall refer to the promises and guarantees made by the manufacturer or seller of such motorcycle, part, or equipment. "Parts and/or supplies" means those items used during the repair and maintenance of motorcycles or incorporated into the motorcycle. INTERLOCAL AGREEMENT - 2 K\TRAFFICITACOMAAGT "';j-ü.ll/\;,t,/¡;::j'J~;',~;.\r:'(j:¡,'",;¡+:i,; :" "";,,"":¡"\'r,,.,d)\;~i-":',:>'F", .:,\,{,:;)~,(".! \j>~{<.;,.U'; »;-" ".:,:, ,,". -(,.'n(;;c-c""'->"""'~'"r'Ú"Ú;~:k:oL.;¡i;,":¡J.":¿",>;",¡ ,: ,',.~~u':¡~¡'¡'d";¡.;,,,tJ, ",:,¡:".UÚ¡'J.""dJ"'»)c:"'".<.¡.;.>~),,I:\){~'>I;;,H"'\.>.;¡"';¡<'¡¡"/;..h"»j',Lj,"'V~...<?>\',\,).'<.,,UldIÚ .,tt, ,.¡"s",u'fb..,)..~.¡,~'i5;u" ;/J,ß'.I'~,~.,k,J,..,'.:#. . . . ' . t L~~~~~~~~~ - !ACO~~.(\~.~ .~?~~,~~~. . ...' -_." I I ! I I i i I I I : I I I I I I I I i ¡ ~~~-'-'-- ..:~'~, ','.' ", '~ , ~age3 ~ .. -, --""'------' ..,"'_.... , "", .. ,.. , H. "Red-lined" shall refer to a motorcycle or equipment that cannot be driven or operated until repairs are made. I. "Restricted Service" shall refer to those motorcycles or equipment that has been diagnosed with a problem that requires immediate attention. Examples include a problem that increases in severity-with time and mileage or a problem that will become a safety issue. This condition does not allow that unit to be operated for its intended use but does allow the motorcycle or equipment to be driven directly to a repair facility up to a maximum of 25 miles. J. "Recommended Repair" shall refer to a diagnosed problem that does not immediately affect the function of a motorcycle. The Recommended Repair would most likely be cost effective to increase the useful life of the motorcycle and prevent major repairs in the future. K. "Out-Of-Service" shall refer to a motorcycle on which the lease has been terminated and the motorcycle is in the custody of TACOMA Fleet Services. L. "Motorcycle" shall have the same meaning as set forth in Section 46.04.330 RCW. In addition, the term "vehicle" shall include motorized construction equipment. M. "Emergency" shall mean any incident, either man made or natural, where a qualified TACOMA representative is required at the scene because: 1. 2. The safety and/or life of a person is in danger. Property and/or the environment could be damaged, lost, or destroyed. The repair, monitoring, or use of a motorcycle, generator, compressor, or fuel system is essential to the preservation of human life and/or property. 3. An emergency will be declared by a FEDERAL WAY representative or designee at an incident scene. INTERLOCAL AGREEMENT - 3 K:ITRAFFICITACOMAAGT .. :'Y';'-+~:';~:{?j~~i~~\~:\~(jif{(,~~Wzm~(~ riB Òk5;'d}~~:Ll. \.':,~i,}?j;?,:"itJ::Ù\: ; (.::~;::,\ :::;k(:. H;: 1:3j3~~'Ü{YJjf;jJlfÚ{/.i:¡d¿Ù;~ :j,,;:,;h'~'Á. :::.>;.x,:~, ",;~i.;~. .;'..i.:¡;; ~ ~;~,,~~:.~~ &:il$i " . . . [i;~~Í'â~~~~~n':TI\~c?M~'J\~~T~~,? =-~-~~ .' . :c ~,. -- - , .'. '- f>age 4 ,) ._~.~~~ -_.,--,-'. ",.,--",--,._--'---"" - ---'u---.,--- ,-..--,- III. GENERAL PROVISIONS A. PURPOSE. The purpose of this Agreement is to set forth the terms and conditions by which TACOMA shall perform maintenance and repair services for FEDERAL WAY, and FEDERAL WAY will compensate TACOMA for such services. Services rendered by TACOMA may include fleet fueling and operator training as requested by FEDERAL WAY. B. TERM. The term of this Agreement shall be indefinite, and this Agreement shall continue from year to year until terminated by notice of termination, in writing, given by one party to the other. Notice of termination must be received sixty (60) days prior to the termination date. C. ANNUAL REVIEW. The parties agree to review semiannually the effectiveness of this Agreement and to evaluate performance. One such review shall occur approximately six (6) months before the submission of the biennial operating budgets of TACOMA and FEDERAL WAY to aid the budget preparation process. D. AMENDMENTS. This Agreement may be amended at any time by the mutual written consent of the parties. E. JOINT BOARD. There shall be no joint board created to administer this Agreement. F. PROPERTY. No property will be acquired or held pursuant to this Agreement. G. FILING. A copy of this Agreement shall be filed with the Secretary of State, the City Clerks of FEDERAL WAY and TACOMA, and the Pierce County Auditor; provided, however, that failure to file shall not affect the validity of this Agreement. IV. SERVICES PROVIDED BY TACOMA A. All Services. For all services performed, TACOMA will: 1. Except as provided herein, arrange towing service for FEDERAL WAY. Abnormal terrain and weather that requires specialized equipment may result m costs that can not be predicted in advance. INTERLOCAL AGREEMENT - 4 K:ITRAFFICITACOMAAGT "'"" ""<,,;i,;<,,;;i;(/1t.i,),r";;i'iI.:"!',,H-Li.l~'h.../;,i-Î,::;,;';';'c,\";'_i,\i,";,'>,l;i ',",/::',~~'r';'P:)V,~,{;,¡-~;,:,'ìi,;,.,,';,,~;<"'I"",i),/A,:~,'!";\;::'.~'(j}",:,,,,:\ "b-¡;>:"'i,,...Jh.,f~~..I'>'.,.iij,;-.: ,., .",....,.¡'Æ,'h.O .",.,¡....5'4h'~":"':f¡.¡¡!Wc¡...,M.¡:l.I'~"""""", '-'.-").'" ',..' ." ",',,'..' , ".""., ",>.".",->..<.",'.\").Ü\}<J:""'¡H"'h(jß¿~ I.." "" P...,,-,-,,~.. "",i/.\'<;.¡;¡.i..1&t1j..t,'N.n.~H ~ . ' r:.a'~~~"~a:~~~~~! ~~.<?,~~:~e! : ~~..,.:, ' Pa~~ ..'~Î ..n_.....-_.."'- -'__---non--_- - "-'-------""- nn-- --..-----" I i I ! ¡ I ! i I , 2. All towing services shall be performed by commercial towing firms which have been selected by TACOMA or FEDERAL WA V as referenced in Section VIII (E) of this Agreement. Perform pick-up and delivery of motorcycles. WIth advanced scheduling, TACOMA will perform delivery and pick-up services, provided that the times of pick-up and delivery shall be mutually agreed upon. WIthout advance notice, delivery or pick-up will be as TACOMA's staffing allows. Charges for pick-up and delivery shall be as set forth in "Exhibit B - .Fleet Services Rate Structure." 3. Report those known and/or suspected cases of motorcycle abuse to FEDERAL WA V's designated representative. TACOMA will provide services 16 hours per day, 5 days per week. Hours of operation may vary as agreed to by both parties. The - normal working hours of Fleet Operation Shops are listed in "Exhibit C - Operating Hours." 4. B., Preventative Maintenance 1. TACOMA will perform all scheduled Preventative Maintenance. Upon notification from TACOMA that a motorcycle is due for maintenance, FEDERAL WAY will contact TACOMA to schedule the work and deliver the motorcycle to TACOMA's repair facility. 2. TACOMA will provide FEDERAL WA V with a monthly schedule of motorcycles due for Preventative Maintenance. 3. Preventive maintenance shall consist of the following services: Maintain and repair of major and minor motorcycle equipment component functions. TACOMA shall exercise its best efforts to maintain all equipment or components subject to this Agreement to a level of performance equal to or exCeeding the manufacturer's specifications for the equipment when originally purchased. C. Unscheduled Maintenance 1. FEDERAL WA V may arrange for unscheduled maintenance by telephone, radio, or by delivering motorcycles to TACOMA facilities for unscheduled repairs. 2. TACOMA staff may be dispatched for repairs in the field. The dispatched mechanic will determine if the unit can be repaired in the field or whether it will need to be transported into the shop. TACOMA INTERLOCAL AGREEMENT - 5 K:ITRAFFICITACOMAAGT ~<;i:fuiriSf~lit:;!ì&i:~J~,&w:Q.ilii.}i';;:,!Ú&l~;!:Æ;J,d,'.:,'?!~t ~~:Ú: ;,:1;'\:'[""; ::':!; ,',:' .':,;~:. ~&21:::j lúl1,U~~;)Jjt',;~~~1:à:i2.~ :~~Lt L c - ,.:: ,:_",:1:~ . . , " . [r~(j,~~árìï~e~ .:,'! ~~~!v1}\2:Þ\~T."èf?ê ,. ' ~-~~-==-====~=~~=_..~~., '~... P~gê 6 j .,....___-,._mu.p'-._......- will secure a tow truck if necessary. FEDERAL WAY shall advise TACOMA, at the time such field repairs are requested, if the estimated repair time will exceed fifteen minutes. 3. Turnaround time for unscheduled repairs will be as soon,as possible. TACOMA will provide an estimated completion time as soon as the problem is analyzed and parts availability determined.' . D. Quick Fix Maintenance. At the request of FEDERAL WAY, a non-safety related temporary repair of a motorcycle may be performed, When quick-fix maintenance is performed, FEDERAL WAY will schedule the motorcycle for permanent repair. Emergency Services. TACOMA will provide service 24 hours per day, 7 days a week for any emergency. TACOMA's agent will arrive at the scene of an emergency situation within one (1) hour of receiving the first call for assistance during regular business hours, or as soon as is possible at all other times. E. F. Miscellaneous Services 1. Other Equipment. TACOMA Fleet Services staff is available to repair and maintain other non-fleet equipment. Regular fleet equipment will take priority over non-fleet equipment. 2. Training. TACOMA will consult with FEDERAL WAY on special training needs for FEDERAL WAY's motorcycles. TACOMA shall assist FEDERAL WAY in developing and assisting in operator training for FEDERAL WAY staff. TACOMA will notify FEDERAL WAY of specific trainipg needs or concerns that come to the attention of TACOMA's Fleet Services staff. ' 3. Rentals. Upon request, TACOMA will coordinate functions associated with motorcycle and equipment rentals from outside sources. 4. Liaison. Upon request, TACOMA will act as liaison between FEDERAL WAY and other agencies and vendors, as authorized. 5. Optional Parts. TACOMA will install and remove optional parts and equipment on motorcycles. ¡ Î 6. Additional Services. TACOMA will provide additional services as may be mutually agreed upon by the parties. Reporting. TACOMA will provide FEDERAL WAY with reports reflecting the actual services performed and the cost of the provided services. The G. INTERLOCAL AGRÈEMENT - 6 K:ITRAFFICITACOMAAGT ,,;,/,.',r,,"';,;,.,-:,,;:,:',."""r'Y :":;':;"'i-ir;J,"'/'-"":i;,c' "':'-;>"'?"-?"';;i~"":)"""";'1i',,:,.,h~...';';,'JÜ¡"~~;,ÙJj..i$:::':d~::i~(l.U>;""""""':V';>i';j',},..":;":~)", ",S,-",UI.""'J"';"'{:"':";':~-';'J<:',"""'Ù¡~~v~." ,'ú.;",¿,,;,~i, ,:,.,;w.û,u"",:ù','Ú¡:"ü"¡J;,,':'. Ù':": ""'~JJ..,(j,x.~",ù.,>.{k;:;;':l~'J.:>x'~n~àu~:'{J~~&"'i,,,:~~~r41:at , . ~~~râ_<::a.~den-,!ìÜ~<?rv1,~:,~~T."~õ.c " '.~~ --Om --- -- .... , . ~-~-,:~~.:.~ ~...' . '0 P,~~~.7j , -- - uu ---- .. _m,-- --------'------"'---nn, H. reports will indicate the monthly and year-to-date totals for all motorcycles and categories of services described in this contract. Disposal. At the written request of FEDERAL WAY, TACOMA will dispose of motorcycles or equipment. As motorcycles reach target miles, as determined by FEDERAL WAY, TACOMA will conduct a technical' evaluation to determine an optimum replacement schedule. TACOMA will identify the most economical disposal method of surplusing motorcycles by consulting maintenance records and recommendations from TACOMA's and FEDERAL WAY's Managers, Supervisors, Mechanics, and the Specification Writer. I. Fuel Cards. TACOMA will issue fuel cards upon the written request of FEDERAL WAY. Upon issuance, TACOMA will monitor, repair, and test fuel dispensing storage systems at TACOMA-owned fuel locations. TACOMA will monitor outside fuel vendor service. Monthly invoices will' reflect actual fuel charges. V. FEDERAL WAY RESPONSIBILITIES A. Reporting. FEDERAL WAY shall report motorcycle malfunctions and-other needed repairs to TACOMA as soon as practical. All accidents will be reported to TACOMA's representative within 24 hours of the occurrence so that TACOMA can perform a safety inspection, TACOMA's repair file will be available to ascertain the physical and mechanical condition of the motorcycle prior to the accident. Any damage to a motorcycle caused by the motorcycle or equipment operator or another person shall be recorded on the work order as an accident. The decision to submit an accident to the Accident Review Board will be made by FEDERAL WAY, B. Training~ FEDERAL WAY will provide equipment training to its staff and will educate its employees on the proper way to operate, maintain, and inspect assigned equipment. C. Motorcycle Misuse. FEDERAL WAY will endeavor to minimize the improper operation of motorcycles and equipment, and Fleet Services will promptly report to TACOMA any instances of abuse it discovers. Designation of Motorcycles. FEDERAL WAY will designate the motorcycles to be serviced by TACOMA. "Exhibit A - CITY OF FEDERAL WAY Motorcycles" constitutes those motorcycles designated as of the date this Agreement is executed. Exhibit "A" may be amended administratively through the mutual written consent of the representatives of the parties. INTERLOCAL AGREEMENT - 7 'K:ITRAFFICITACOMAAGT D. " ¡ ;"3: ,,;~i:S~;; :.l~:,~j",¿.~'e(~ ij/;!;':i >j'~I;,;ihJ~i}~~Y}:;¡ H!~i1Z~'&bit&£~h~e}¡~Ì~~~)~,/!:>!U{L'"j}1;;{~ü.iJ;J' ;;:jd.irDH L~:,};~~~~~~~~~'i~æ}ß£:~~f~~j it:':j~ L :{:~I'.'?,~,~'~J - . , [L,~uE~ .~~~~'~~.~.',!~~9M~:AG! :d~~,:,.',' , . , ----,..~c,-~-----"-~~ ' ' . " ,", ,...'" I Page 9, "-~."~~~~-,-,~~I , ,-,. ,.,...- ..,..., ' """-_..-q.-"""-""" ..," E. Equipment Modifications. FEDERAL WAY will notify TACOMA of any equipment repairs or modifications completed by any entity other than TACOMA, on the motorcycles covered by this contract. VI. SCHEDULING OF SERVICES A. Equipment Preventative Maintenance work shall be performed in accordance with "Exhibit D - Schedule." TACOMA will place information inside the motorcycle to reflect the next anticipated service. FEDERAL WAY shall promptly contact the TACOMA Fleet Services shop dispatcher to schedule a date and time for service. B. FEDERAL WAY shall notify TACOMA's Fleet Services shop dispatcher at least four hours in advance of canceling an appointment. Failure to provide advance notice shall result in the imposition of a $30.00 fee. C. The operational requirements of FEDERAL WAY will be taken into consideration when scheduling repairs and maintenance. VII. COMPENSATION AND PAYMENT A. Maintenance and Repairs. FEDERAL WAY shall pay TACOMA, as sole compensation for the services performed under this contract, such sums of money as are arrived at by computing the actual number of hours expended by TACOMA in the performance of this contract and multiplying such total hours by the amounts set forth in "Exhibit B -Rate Structure." In addition, FEDERAL WAY shall reimburse TACOMA for the cost of all parts and materials utilized in the maintenance and repair of FEDERAL WAY's motorcycles. B. TACOMA shall be paid monthly on the basis of invoices submitted. TACOMA shall submit an original written invoice with necessary and appropriate documentation for work completed during the previous month, to the following address: Federal Way Department of Public Safety 34008 9th Avenue S. Federal Way, WA 98003-6791 AUn: Traffic Unit Lieutenant INTERLOCAL AGREEMENT - 9 K:\TRAFFICITACOMAAGT ;~~~~~~~¿~t~~~~,~~:~~~~;~~~~~~~~';~- "",{j.~j',;f" "Ii ;"" ~ ~~~",:~ r;àúr~~a~~e:~~-, TAC2_~~..:.~GT.dO~~ ' i ¡ I ¡ I ~---~~-' ,'~~~~.f~j -.. '",. ">' . , -.., --- . C. Payment shall be made through FEDERAL WAY's ordinary payment process, and shall be considered timely if made within 30 days of receipt of a properlY completed invoice. D. All payments shall be subject to adjustment for any amounts, upon audit or otherwise, determined to have been improperly invoiced. ' E. The parties acknowledge that each is responsible for the payment of all charges and taxes applicable to the services performed under this Agreement. F. The parties shall provide, at their sole expense, all materials, office space, and other necessities to perform their respective duties under this Agreement unless otherwise specified in writing. VIII. ADMINISTRATION AND MANAGEMENT A. The Senior Shop Supervisor for TACOMA, currently occupied by Francisco Castro, shall have primary responsibility for administering this Agreement and shall coordinate all communications for TACOMA. B. The Representative for FEDERAL WAY, designated as the Lieutenant assigned to the Traffic Unit, shall have primary responsibility for administering this Agreement and shall coordinate all communications for FEDERAL WAY. C. Any and all notices affecting or relative to this Agreement shall be effective if in writing and delivered or mailed, postage prepaid, to the respective party being notified at the address listed with the signature of this Agreement. D. Both parties shall comply with all applicable federal and state statutes, laws, rules, and regulations. ' E. Neither party shall assign, subcontract, delegate, or transfer any obligation, interest, or claim to or under this Agreement without the prior written consent of the other party. Notwithstanding the foregoing, it is hereby acknowledged that TACOMA and FEDERAL WAY will enter into agreements with towing company(s); and both parties hereby consent to the selection of such company(s). INTERLOCAL AGREEMENT - 10 K:ITRAFFICITACOMAAGT ',- ", " , ,,',',',.':,';', ""1;,¿i:"'.i:j~t:~!JJ;f;i;,:;{Ù:¡:¡;'~!..Q'ad¡~,¡/>,.iJ~?j;;Jt;"\-:i:;¡':~",!i,i,i)'ë.,,,>,{L;4~~&,illJJ~tB:,~,~;:á};~i\;1.\;/i£i{,;fJi~:,;,;.ii:in>j~Ul.i.tk~)#.~jJ¿~~ I' L~ú~â c~m~e~: T:"~9~~:6G!..d~~ ' I I I I I i ,~, , 'Pàg'e11 J "".. ~J ---.-. . , , " "'-- - '0' u"--"--"'--- IX. INDEMNIFICATION A. TACOMA agrees to indemnify and hold FEDERAL WAY, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions,-and liabilities (including costs and all attorneys' 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 TACOMA, its elected officials, officers, employees, agents, and volunteers or by TACOMA's breach of this Agreement. B. FEDERAL WAY agrees to indemnify and hold TACOMA, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions, and liabilities (including costs and all attorneys' 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 FEDERAL WAY, its elected officials, officers, employees, agents, and volunteers, or by FEDERAL WAY's breach of this Agreement. C. If the claim, suit, or action for injuries, death, or damages as provided for in the preceding paragraphs of this contract is caused by or results from the concurrent negligence of FEDERAL WAY and TACOMA or their respective agents or employees, the indemnity provisions provided for in the preceding paragraphs of this contract shall be valid and enforceable only to the extent of the indemnitor's/indemnitee's negligence. The provisions of this paragraph shall survive the expiration or termination of this Agreement with respect to any event occurrir:'lg prior to such expiration or termination. The parties specifically assume liability for actions brought by the respective party's own employees against the other party, and, solely for the purpose of this indemnification and defense, the parties specifically waive any immunity under the state industrial insurance law, Title 51 RCW. THE PARTIES RECOGNIZE THAT THIS WAIVER WAS SPECIFICALLY ENTERED INTO PURSUANT TO THE PROVISIONS OF RCW 4.24.115 AND WAS THE SUBJECT OF MUTUAL NEGOTIATION. INTERLOCAL AGREEMENT - 11 D. K:ITRAFFICITACOMA,AGT "),')£'/iJ,:'\;"/: ,u.}id;,>,j';;'~:j\:Ú.;,",;"";;,,,i¡;i.'¡f'\\¡"';ÜÚ;j!i,{~~:,';,\;, "'. ,". .' ,., j~""'h<7(~'uJ1~*tO~.t1:~~,¡I.r{,)jJ:H~';;-:i,;,..::"";",,,.:..<..."\"'1"""".'-";" \' ,;"';"i,;j~;'~j/~'",'J-'S:D..n~U~""':'¡~r.\~.j.(~,,;\~;"...'.,U,:L6~ . '-,."~.,,...~,..I,' '... ". """"h""",','~:h-{""'ñtL~"'."....,"'.no>.'71tß~"1""".u.,.""-""M~~ . [Ça~~a C~n:dên- !~~~~~:?~G~~~~,'. ' ------~~-~ Page 1il "., ,.. I -----..,-.--.. """-_n_- E. This Agreement shall be for the sole benefit of the parties hereto, and nothing contained herein shall create a contractual relationship with, or create a cause of action in favor of, a third party against either party hereto. F. Standard of Care. All obligations and services of TACOMA undertaken pursuant to this Agreement shall be performed diligently and completely in accordance with professional standards of conduct and performance. To the extent allowed by budgeted funds, TACOMA staff will remain technologically current and updated, keeping abreast of any new innovations, applications, techniques, and equipment, related to fleet management. TACOMA Fleet Services mechanics will attend factory service schools or other training as needed, as training funds are available. X. DISPUTES A. The parties shall seek in good faith to resolve any dispute arising out of or relating to this Agreement. In the event such dispute or conflict arises, the parties agree that notwithstanding such dispute or conflict, the parties will make a good faith effort to cooperate in continuing to work toward the successful implementation of this Agreement. B. If at anytime a disagreement should arise under this Agreement that the party's designated representatives are unable to resolve, the disagreement shall then be referred to TACOMA Fleet Division Manager and the FEDERAL WAY Assistant City Manager for resolution. C. If the parties are unable to resolve any dispute through their representatives as set forth above, then the dispute or concern shall be settled by arbitration in accordance with the Rules of the American Arbitration Association. The location of the arbitration shall be Tacoma, Washington, and its proceedings will be governed by the rules of the Commercial Arbitration Rules. The arbitrators shall be individuals skilled in the legal and business aspects of the subject matter of this Agreement. Demand for arbitration shall be filed in writing with the other party and with the American Arbitration Association. A demand for arbitration shall be made within a reasonable time after the claim, dispute, or other matter has arisen, but in no event shall such demand be made after the date when INTERLOCAL AG'REEMENT - 12 KITRAFFICITACOMA,AGT :! ;,;,\',i:,/\, , >, ;'/;':';;"~-"'Y;1 i)}d>-->;\L":'U~')id):';'¡,\h>:';,¡¡'(~1ill)tL~}Úcl.d(:¡¡(;\~~;~¡C¿;\V-,jiÌ:1i '~'.' ,. _'0""- .....Üd. c,>¡.>;¡tJ¿,;;,"¿1'l.;-;...,:i""""Þ~1~~~Ý~¡,{i,=~ . . rL.~~~~: c;a.~~~n3~5~2~~.~G~~2.c ." ~.., .. ",.. '--""Þage 131 , . '... ...., ' ~_.,-'"' -~,~~~~",... ...' " -,,------, .. .. "- . institution of legal or equitable proceedings based on such claim, demand, or other dispute would be barred by the applicable statute of limitations. No arbitration arising out of this Agreement shall include, by consolidation, joinder, or in any other manner, an additional person or entity not a party to this Agreement except by written consent containing a specific reference to this Agreement executed by the parties and,the person or entity to be joined. Consent to arbitration involving an additional person shall not constitute consent to arbitration of any claim, dispute, or other matter not described in the written consent. The foregoing agreement to arbitrate shall be specifically enforceable in accordance with applicable Washington law. The cost of the arbitration shall be in the discretion of the arbitrators, provided, however, that no party shall be obliged to pay more than its own costs and the cost of a third arbitrator. The award rendered by the , arbitrator or arbitrators shall be final, and judgment upon award may be' entered in Superior Court for the County of Pierce, in the State of Washington. D. Neither party shall be considered to be in default in the performance of this Agreement to the extent that performance is prevented or delayed by any cause which is beyond the reasonable control of the affected party. IX. NONDISCRIMINATION Both parties agree to take all steps necessary to comply with all federal, state, and local laws and policies regarding nondiscrimination and equal employment opportunities. Neither party shall discriminate in any employment action because of race, creed, color, national origin, marital status, sex, age, or the presence of any sensory, mental, or physical handicap. XII. INTERPRETATION AND VENUE A. Applicable Law. Washington law shall govern the interpretation of this Agreement. Pierce County shall be the venue of any arbitratiån or lawsuit arising out of this Agreement. B. Severability. 'If one or more of the clauses of this Agreement is found to be unenforceable, illegal, or contrary to public policy, the Agreement will remain in full force and effect except for the clauses that are unenforceable, illegal, or contrary to public policy. C. Integration. This Agreement constitutes the complete and final agreement INTERLOCAL AGRÈEMENT - 13 K:ITRAFFICITACOMAAGT "CJ,-~, _0 oo,'o"""',""";"-",~....o"""""",,,,,",,Ju:""""";.rl"'~."Á,'~"",.'L, '_vi" :""\<~J.....""""¡~,,",,..,-,~.,,;.,.......w.Ù.,,i~,,..i¿\I!i.;M¡:),:':""'~:¿¡:~i>-.~w..:...~~~.ì,¡J~.i6.í.)J~ r:~ '-..........- .. I LaÜ~ .<:;a~~~~, = .T.~~, 0 M~~,<3'" ~~~.,"',....,'-"."..,C,"~,_.."."'".,,._"--"',..,--"'",."-~,c"~"-"c~",-,c,.~-----=-"-,,--,~~..,,~,,-,,,,-,,,,.,,,,~._~.._-~",..",.."",~_.,-~"~",,,," P~g~, ...1::1 of the parties, replaces and supersedes all oral and/or written proposals and agreements heretofore made on the subject matter, and may be modified only by a writing signed by both parties. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. CITY OF TACOMA CITY OF FEDERAL WAY Ray E. Corpuz, Jr., City Manager David H. Moseley, City Manager Countersigned: Peter Luttropp, Finance Director Leslie Rowen, General Services Director Attest: Attest: Rick Rosenbladt, City Clerk Tacoma N. Christine Green City Clerk Federal Way Andy Michels, Risk Manager Approved as to form: Scott Thomas, Assistant City Attorney Landi Lindell, City Attorney INTERLOCAL AGREEMENT.. 14 K:ITRAFFICITACOMA.AGT ..,.. ".' \, .,", """"""""""-è""~"""""';""',":""".'i',;."..~;,;;.;...:,...:,...,,;.;i,,>",">'.j"""oi'r,,:';"..,.UI.-"'-">"'<-:<"H"""""""""';"""""fJ»'H;N"'~,,"~I!I.~H"¡,~~~1~~;(.ì!;¡¡ Item 5D CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE Date: January 18,2000 From: Jon Jainga, Parks Planning and Development Manager Subject: Sacajawea Soccer Field Improvement, lAC Grant #99-1289D Backeround: April 1999, staff applied for the Youth Athletic Facilities grant through the Interagency Committee for Outdoor Recreation. January 3,2000, staff received written confirmation form the Interagency Committee for Outdoor Recreation that the Sacajawea Soccer Field Improvement project is a successful application. The Sacajawea Soccer Field Improvement project was ranked the number one project in King County. Staff Recommendation: Staff recommends forwarding to full Council on February 15 authorization for the City Manager to enter into an agreement for acceptance ofthe Sacajawea Soccer Field Improvement, lAC Grant #99- 1289D, in the amount of$150,000. Committee Recommendation: Motion to forward to full Council on February 15 authorization for the City Manager to enter into an agreement for acceptance of the Sacajawea Soccer Field Improvement, lAC Grant #99-1289D, in the amount of$150,OOO. APPROVAL OF COMMITTEE REPORT: Committee Member Committee Member Committee Chair ,~ ., ,,> "..;.,.¡,;;~i;¿;;;)x.;i,'~¿'::~~:';,vi~;:.-:r,,\i,;;~{.;,j~~l~:â':¡;riL't,~ú,i--i;,%fh1.'i),' .,;,"'{,: ,¡>,...,:.y.,,;, "" ":~~~~ ,jÜ.Ú"i ",:¡J.i:,;,\,Ù~" ~.;¡i<,::L~.~J,~":';"':-"'>."""< "~'---';""",¿.;,_. """"N.r....~;".J.,....." .\", ;.;)i,;, :;';;""'\(~~~;~~~;':~;;¡;¡~~ÁiÜ:~~'¡--J.:R;¡;>;/¡~~~~\t.~ ~.. Inttr4gmq . CommitUt for . Olß1l0OR -;~ RECRERTION Y AF Project Agreement Youth Athletic Facility Grant Account Project Sponsor: Project Title: Federal Way Parks & Rec Oept Sacajawea Soccer Field Improvement Proj~ct Number: 99-12890 lAC Approval Date: 11/19/1999 A. PARTIES OF THE AGREEMENT ThIS Project Grant Agreement (Agreement) is entered jnb between the Interagency Committee for Outdoor Recreation (lAC), P.O. 8ox 40917, Olympia, Washington 98504-0917 and Federal Way Parks & Rec Dept, 33530 1st Way S, Federal Way, WA 98003 (Project Sponsor) and shall be binding upon the agents and all persons acting by or through the parties. 8. PURPOSE OF AGREEMENT This Agreement sets out the terms and conditions by which a grant is made from the Youth Athletic Facility Grant Account of the State of Washington's General Fund. The grant is made by the Interagency Committee for Outdoor Recreation to the Project Sponsor, for the project named above. C. DESCR~nONOFPROJECT The subject project is described on the attached Project Summary. D. TERMS OF AGREEMENT The Project Sponsor must insure that the facility developed, improved, and/or maintained through the Youth Athletic Facilities Account funding identified in the Project Agreement is made available for public youth and/or community athletics for a minimum of twenty (20) years from the date of project completion. E. PERIOD OF PERFORMANCE The Project reimbursement period shall begin on January 3, 2000 and end on August 31, 2000. No expenditure made before or after this period is eligible for reimbursement unless incorporated by written amendment into this Agreement. F. PROJECT FUNDING The total grant award provided by lAC for this project shall not exceed $150,000. lAC shall not pay any amount beyond that approved for funding of the project. The Project Sponsor shall be responsible for all total project costs that exceed this amount, The contribution by the Project Sponsor toward work on this project at a minimum shall be as indicated below. Percentage 27% 73% 100% lAC - YAF -IMPROVING Project Sponsor Total Project Cost Dollar Amount $150,000 $415,000 $565,000 G. RIGHTS AND OBLIGA TlONS All rights and obligations of the parties to this Agreement are subject to this Agreement and its attachments, including the Sponsor's Application, Project Summary, Eligible Reimbursement Activities Report, and the General Provisions. Except as provided herein, no alteration of any of the terms or conditions of this Agreement will be effective unless provided in writing. All such alterations, except those concerning the period of perfonnance, must be signed by both parties. Period of performance extensions need only be signed by lAC's Director. The Project Sponsor has read, fully understands and agrees to be bound by all tenns and conditions as set forth in these documents. (~';:'.ii'j&;':;,,~'~~: ',, ~¡L::\2.;:'i~¿~;ji:-'.:¿.:; (.;;L:~':',;~:..;;'.:;~~.:i~.~:~;{t!1~L.::\;). .L,,'.. ::';1 .," '. , ,c.;<J,"""';;-'~I~"'_J":' ,.",.. ",', .,,:. "'._"! "^_.",...."~:.",.¡.¡;;¿;,¡.q,.i>¿Ú",>/~<,:-,:¡,,,,',,.,;ú;':,;;.,:.;..,,\?~,¡..~.:..:.~~~~~~<,;","r':":""i" '. ""'" """"),."I";~ 1-;1. COMPLIANCE WITH APPLICABLE STATUTES, RULES, AND lAC POLICIES This Agreement is governed by, and the Sponsor 'shall comply with, all applicable state and federal laws and the provisions of Chapter 43.51 RCW, Chapter 286 WAC and published agency policies, which are incorporated herein by this reference as if fully set forth. .. ~;) ~ 1-:; ~'.~ ' .,~, '~i ~i~~ I. ADDITIONAL PROVISIONS OR MODIFICA TIONS OF THE GENERAL PROVISIONS (none) J. PROJECT GRANT AGREEMENT REPRESENT A TlVE All written communications sent to the Sponsor under this Agreement will be addressed and delivered to: Project Sponsor Name: Jon Jainga Title: Park Planning/Development Mgr Address: 33530 1 st Way S Federal Way, WA 98003-6221 lAC Interagency Committee for Outdoor Recreation Natural Resources Building PO Box 40917 Olympia, Washington 98504-0917 www.wa.gov/iac These addresses shall be effective until receipt by one party from the other of a written notice of any change, K. ENTIRE AGREEMENT . This agreement, along with all attachments, constitutes the entire agreement of the parties. No other understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the parties. ¡¡ "4 L. EFFECTIVE DA TE This agreement. for project #99-12890, shall be effective upon signing by all parties. STATE OF WASHINGTON INTERAGENCY COMMITTEE FOR OUTDOOR RECREATION BY: ~~~~ Laura Eckert Johnson, Director DATE: (/7 I a-o / / PROJECT SPONSOR BY: DATE: TITLE: Pre-approved as to fonn by the state Assistant Attorney General Y AF Project Agreement Chapter 43,51 RCW. Chapter 286 WAC Youth Athletic Facility Grant Account P""ð ') nf ') , . "Üi,.,';'.á>,H'Ú>it...\oIJo"1,,.,..... "'\~-"" '" , ",,",," ," """""""""""',':',,:ia:i.,,:,iü,~'dJMlÚ::":~¡'l;/;';'J:Úi:li';:fiÚc!,;:,,;"::"'!""';"'6!':Hi.}';;~';ü'Ü¿J.Ì'U(,i';',','; " "~ " '" ",' ., ,';. ' .' .C,: .. ;,~"¿;.<~,::,,,;;;M;,j.:./.ht ;;¡¡:;.-~~.... ,..H.~ Wì*'..¡i)¡V¡ ~æ;¡iAllE.1-J-~~..ÑmW~wU.&}5~;t¡#~AA'8't"~:r!l~~a ~", ".~...',",' ;,' ."""... '~'. """',','I",:",Y"',),H'I~~...~¡';'r'/"'"""'".d,,;',,...i:"'i':~"""'¡H,(",.\~'S:t~¡\~~i~~ ~e ¡IIfmzgtnq Comm;tt« jör OUTDOIIII ~ ßECßERnON Youth Athletic Facilities Improving Category Post-Evaluation Project Summary TITLE: Sacajawea Soccer Field Improvement NUMBER: 99-12890 STATUS: Committee Funded (Development) SPONSOR: Federal Way Parks & Rec Dept EVALUATION SCORE: COMMITTEE RANKING: 58.2222 COSTS: lAC - YAF -IMPROVIN Local Total $150,000.00 , $415,000.00 $565,000.00 27% 73% 100% SPONSOR MATCH: Appropriation \ Cash Cash Donations DESCRIPTION: The City of Federal Way, the Federal Way Youth Soccer Association (FWYSA) and the School District have formed a partnership dedicated to renovating the existing natural grass athletic field surface to a synthetic turf system. The proposed inbound improvements to Sacajawea Park will extend the use of the field from 2 months a year into a year-round, all weather facility. The proposed project would be completed in one phase and is supported by the community as a directive in the City's Comprehensive Park Plan to "increase sports field renovation", improve existing fields and keep up with the community's priority and demand for youth sports in the City of Federal Way. The field will also be sized to support multi-generational use. The new synthetic turf will reduce maintenance, improve site drainage, use recycled materials, conserve water and eliminate fertilizers. ' LOCATION INFORMATION: Sacajawea Park is located in Federal Way, Washington, adjacent to Sacajawea Junior High School. Y AF GROUP: COUNTY: King King SCOPE (ELEMENTS): Architectural & Engineering Athletic Fields Sales Tax FISCAL YEAR: 2000 DATE PRINTED: January 3, 2000 . ,','; "i ~.tí,J.{;.":.,~j.hi\ji;.'I,~;\W¿..,,.({í)¡;g.þt:.j¡;:;--':6,;, \'il;¡;'d?;i""." ~;.'r~'i\.;"',':'J¡)"¡"¡' i\i>:\'á,;:i';'~';~M;~.;\~"'. i:).,;,j¡,:' ~~J.",,:i,;;~«jl. ~:':"'j;;';;~.I.'>~;{),:)));;Ú,ij~j~1i~Q..'1Jd,Ùk'bW,.~~;~¡fÙ~~j,(;¡.¡';J~~ '. , ",--"..,;...-.....".,.,.."...,\1.1x'f1?¡L,....::!..J&rn.\:tInn3"".,'If¡'~t,-,,-'<rn, "",\,.,'c"",'"~"U_,....,"--",>1.....~u =_.!.UW~~~ ';¿iì~..,:":',-~¡"~~¡;,,>,;d~,,~¿Q,~~¿~~~R;~ÙV:;~:ii.t~~~,;.. '/:~Já:i3i;iill":"';:"Co¡"J'~""¡f<, "~": ,." {.'j"'{'!':~J'~~~~ii\~ "'<' >1;,;, ,.~:.: "-,' ~. IntmtgdKy "Í Committ« for ~ =ETnON Eligible Reimbursement Activities Report ¡;, .,~ ' Project Sponsor: Project Title: Federal Way Parks & Ree Dept Sacajawea Soccer Field Improvement Project Number: 99-12890 lAC Approval: 11/19/1999 Development Project: Element Item Unit Quantity Description Architectural & Engineering Athletic Fields A & E development Soccer field - artificial turf Lump Sum Each 1.00 1.00 360ft x 160ft (A&E and Sales tax Included) Sales Tax Sales Tax Lump Sum 1.00 ~ "1~- . ~ CommitU~ for - OUTDOOR .. ß RECRERTION Milestone Report By Project "..'" ,;.. ,11~'û "..",o¡..;¿\,&:..."...";¡,k"j.Ú'¡¡'s.Wi>1M.~..:W;.Jill;.'t..:.,,..;,.....1,;~~~~~1~~ .' R ,'j; {~~~~}~.}fj.¡ ~ :~t;;:iI~';': ~ ¡.¡ '.' ¿. ):'/." ~~ £ I{,\}¡i,,~~ ".,',~ "':W,j ,;' ::~~~ ~;H 'd IoU ;"",'", "....""~",.u:;""',,,; <" .,;.,;;,v...........ú;.<i.;'~Hi.u>.;ÓÚ,...j.>..", ,.',,/,,:,--..,~ ; :'(.:...e:>.'./~,~.~;,),iJ:'¿'.h~~ai.Úi{\i!'::~;~»~~':)i>{\~Y:,.':'.:}/""" Project Number: Project Name: Sponsor: lAC Project Manager: 99-1289 D Sacajawea Soccer Field Improvement Federal Way Parks & Rec Dept Darrell Jennings ';", X ! Milestone Target Date Comments/Description Project Start 01/03/2000 Plans & Specs Reviewed by lAC 03/31/2000 Bid Awarded 04/30/2000 ! Construction Started 06/01/2000 Project Complete 08/31/2000 Final Docs & Billing to lAC 11/30/2000 x = Milestone Complete ! = Critical Milestone '<"""""','!,';',""'>',",!',',,', " \:"y, ,""'J"'id',",""';¡¡"""',',',', , "O"""""""""""""":""''',""';',>iJ"':"'~;;:¡'- ' y':.\,ku"d~~i ",.,\;/1., ¡/.[ä',J,Ui":,"',,,\;';'ÿ(! .In"¡I';:;1í:iJ;Û],¡'/.:iJm,.::.>Mu,:..i:.:i:J", ,fi,),'.'ô.';;):X.J.(¡¡~(,,';;;,. ¡"""'/'\.);'h,\'...I,\;;'":>",,,¡,,Hi.~" ii- Item 5E CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE Date: January 18, 12000 From: Steve Ikerd, Property Services Manager Subject: PCCI Janitorial Contract Backeround: The Parks, Recreation and Cultural Services Department recently completed a "Request for Quotation" for janitorial services at City Hall. Notifications were sent to all 16 companies listed on the Small Works Roster. Seven companies responded with quotes for a five day per week service of the facility. Quotes ranged from $19,787 to $40,456. The lowest quote was submitted by National Maintenance Contractors, who had been providing the service until they requested out of the contract two weeks before it was to end on December 31, 1999. The reason for this request was due to unsatisfactory services and tasks not being performed. Rather than bringing in another franchise worker, they ended the contract. Based upon the recent poor service and the history of other documented problems, staff recommends awarding the contract to the next responsive bidder, Professional Commercial Cleaning, Inc. (PCCI) in the amount of $22,564. Funds for this contract are budgeted in the Building Fund. Committee Recommendation: Motion to forward to full Council on February 15 approval of the PCCI janitorial contract in the amount of $22,564 for a one year term. AP,PROVAL 0 RCaMMITTEE,iREPORT: Committee Chair Committee Member CómmitteeMeillber """"""""""" '. ....,;",...",;;;,.;".."",;¡~,[,;"",~ . ',;~,,~""-i,,~':""'F;"",/.i""iX';::";¡,,"..;,,\...M..,¡:.r;¿""""\.."r\".#I-Ü.ilt'...>,:....<.;'lu,'.i"¡',...":~",.>,.h,Ù';....."""...,,,,,..w.~.~1."...,""'\I,,~i\,.~.¡,,¡iW<~<~~~ :\Ikq¡QIi. . .Item 5F CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE Date: January 18, 12000 From: Kurt Reuter, Athletics & Specialized Services Manager Subject: 2000 Washington State Softball Umpires Association Contract Bac~ground: The Parks, Recreation and Cultural Services Department has contracted with the Washington State Softball Umpires Association since 1992 to provide umpires for the adult softball league program. The requested amount for 2000 is $30,000. It is anticipated that the 2000 adult softball program will realize a small increase in size compared to 1999. Currently, the leagues fill to capacity based on the inventory of suitable facilities. The City of Federal Way adult softball program is sanctioned by the United State Slowpitch Softball Association (USSSA). Our affiliation with USSSA dictates that we contract for umpires with an association that is USSSA certified. The attached contract, in draft form, is currently under review by the Law Department. Committee Recommendation: Motion to forward to full Council on February 15 approval ofthe 2000 Washington State Softball Umpires Association contract in the amount of$30,000. APPROVAL OF COMMITTEE REPORT: . Committee Chair Committee Member Committee Membe'r ;;l;¡jkÚ~':~ )~'4iâ1i.JiJi1 ~~ ~ií~,~u:J*~¿;~~~;;.;:¿i/.;, ,:,.;.; /~:, :,,: ~ -,;!~ /M4J~', ¡)\f,-,lli~~~~£..1~~~Wi:ci ~~D /~y)i&>j:;1if,i(oJ~::¡" ,1 t~~~ ][êJL~~ U PROFESSIONAL SERVICES AGREEMENT FOR PROFESSIONAL SOFTBALL UMPIRES This Professional Services Agreement ("Agreement") is dated effective this 2nd day of January, 2000. The parties ("Parties") to this Agreement are the City of Federal Way, a Washington municipal corporation ("City"), and Washington State Umpires Association of Seattle, 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 softball umpire services for the 2000 softball season; 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, 2000 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Contractor. Termination. 3. Prior to the expiration of the Term, this Agreement may be terminated immediately, with or without cause by the City. The Contractor may cancel this Agreement only upon thirty (30) days prior written notice to the City, "" '", ',:" r' 'I """"""""""",',",:,"',','",;'<:"""""">"',',u,,,,,,',".,"\,:".,d,""::",:,,""';,",:;',~,"Ú",',;,j"'."\,.",,,,",',,',,",",:,",<,',",'1,',',,'/",':,""','-'~<'I'~""""lJ'\:"',~,.¡){J;,\i~¥:-'¿:¡~,j.:W";"':,"';,i.x&;~;:"5.""";\"'\J¡l:',l:,,-¡'..,'.\l,."'~,¥{~)¡r",,¡',:~t,l;~,:~)1~¿,."::'f\t:"",è.,'i-{Ù\~t;:,Ud ~-ZL'.:'~'/>/.;,,:, ;"'>',""."'>:,õ':,':'i.'.\.:",:""",:,;:~"""""",;",,~~..,:...,'~.. ,.....,.~.L,:_.,.,~.;...L~,i.""" ;",.. "'" ,,; .::.l;:;:'h;':'.'.{:.':'"'~;';".]J~~l"T~.~r~JJ~""'~...;..;.r,~,.J.ir:r.M;:."".",-l..~-~.....,..u:J.~ 4 . Compensation. 4.1 Total Compensation. In consideration of the Contractor performing the Services, the City agrees to pay the Contractor, an amount equal to the sum of Thirty Thousand Dollars and No/IOO ($30,000.00), calculated on the basis of the rate schedule for Contractor's services attached hereto as Exhibit "A", 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, the hourly labor charge rate for such personnel, 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 applicàble 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 - 2 - :;;,,>:.'~";;,Ú'I,;l('i~~:\;t:;;:;:~;ijJ}N~~jl¡1J¿¡ljx.h?:.>:¡{;~'¿~¡i1â)j.¿iX}j$JJ.jif?'...íi:WJ}¿WJ~~~~~~)¿~Îi"~";";"~';"" ;",".'" """",'".,.,\. shall be neither liable nor obligated to pay Contractor sick leave, vacation payor 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 as due. Industrial or any other insurance which 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 mayor 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. 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, witho'ut 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 - 3 - "',i;~,"....<Ú'i ,,':;, ,." ' . " ,..',. '~".."", "'&iii!l"""-""""""\';/;)"'j'ì:"""';;:-"")!"'m"" ,,;,:,~)..,v;:."'<:':':E:¡';;)¡l.~(,~t(;:,.',"¡\'I;',:',',).'.-'.'\",<'.-',;"':.;",",',',' ;",:,:--:"",", ",:,<"'.' ,,~:';'t';;"~¿,;.:;¡,,','i:' I~)',~i,~i' . i$, ~~Ìh'j¡lÚ'¡k, r';,{Ì'r,:\\,<;,"¿t;'¿..,,<¡'f#>t...>'.'f.>~.,V".)Yl-:'\:('-",W" ....,...,-"",' -" "V_"""""" ,'",'....' ',..",......,~"~'" .-'-""'. ..-' '. """-<";-"""""-)-'-'-"""""'""'~"(""""".'.~ extent solely caused by the negligent acts, omissions of the City, its employees or agents, errors, or 8 . 3 Survival, The provisions of survive the expiration or termination of respect to any event occurring prior to termination. this Section shall this Agreement with such expiration or 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 payor 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 performance of this Agreement Breach of confidentiality by immediate termination; the City obtained by Contractor in shall be considered confidential. Contractor will be grounds for 11. Insurance. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating which is satisfactory to the City: - 4 - , '; ;,~;\:t.,¿bi{~ t<;~;:;~Ù¿¡:~ Ú I'M ~;<. ¿U {,'t; ~.. , i Jj~,ilj;';i,¡'.>.~ ': ,}:¿jj ;Q;§~:à:iti1¥ilil~~~ß~~~~~l~P;iii~(¡~\1¡iW.t~~~ 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 coverages. Contractor shall provide certificates of insvrance, concurrent 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 madell or IIclaims 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 I 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 - 5 - ." .. ,.. .".."""'>';",,,..;.~;:....""~'..V""j, ;'Jji,,\;:\~~'-{;.!n:~~~N}~~~YfJ}.iiY}~Ùj:/,j'~"~;;,(iJii)¡¡;~):bi';i.iJ//¡Ú:;;ii,.',:~!;(N,:,\;i~:Jf.Ó>:2l:~~!j:l~~i¡'~~~\..;;.;,¡';;;.\\<.~¡~;J)::'wái',;w;~,*~< '. ,: 'u'.~' . " , . authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 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 Aqreement. 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 may be amended or modified except by written agreement signed by the Parties. 14.3 Full Force and Effect. Any provision of this Agreement which 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 Assiqnment. 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 pf 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 - 6 - , , .. ;,',"" ;,,~L;:;;;,~\~n;ÙmjILvff'.dlj'!'W.;b~ÞI1~})J$;};ià:;!.:.:.::. :" !',\ :~L'ê,!:}¿i~:';~:~>~~\;¡£wtiø:ì.~~w.~ ; \' -,'.1" , ., .' I'~ (.. . ,-. V" for any dispute related to County, Washington. this Agreement shall be King 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. 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, - 7 - .,:"i\ ;i",:>;,:,; ';:';':;';,i,,','\i':;):'¡1":ilij,;;iI1;,~;j/";';Î;\Wi;)J.>iri4+~),""';.(¡~~~,:j'l~ill~~~~~~(tjx~i~~,,~'ii:~~.&~~~ ".I ,.I~....'..I""--"-"~<J""N".F. ...U¡/:""',l,\,~~",..,....:Jj'h:.t'Lln.~c',,>R.u:.......' ' , .. ", ,., 14.14 Counterparts. This Agreement may be executed in any number of counterparts, which counterparts shall collectively constitute the entire Agreement. 14.15 the City's a result Agreement, the City's Compliance with Ethics Code. If a violation of Ethics Resolution No. 91-54, as amended, occurs as of the formation and/or performance of this this Agreement may be rendered null and void, at option. DATED the day and year set forth above. CITY OF FEDERAL WAY By: David H. Moseley, City Manager 33530 1st Way South Federal Way, WA 98003 ATTEST: City Clerk, N. Christine Green, CMC APPROVED AS TO FORM: City Attorney, Londi K. Lindell WASHINGTON STATE UMPIRES ASSOCIATION OF SEATTIÆ By: Dale McGregor Its: State Umpire-ill-Chief 19516 63rd Place N,E. Seattle, WA 98155 (425) 481-2005 c~"" ""'""J,';"j';/J<¿;¡{~.'!j,\ùjJ.';Æ:,./::.\",;;;!,:'L:'(:/:~!\:'.::,:;j;:::';,¿'~;!'¡J~J::>,ti~?HfàJJ1:,tJ.ii¡\f~t"'" "'¡"""{""'{">'" I"¡""<" EXHIBIT "A" WASHINGTON STATE SOFTBALL UMPIRES ASSOCIATION OF SEATTLE 1. e. f. SERVICES The City agrees to the following: a. Furnish the Contractor with two (2) copies of the original schedule at least ten (10) working days prior to the start of league play. b. Furnish the Contractor with two (2) copies of the Pre and/or Post Season Jamboree, playoff schedule, or other tournament type game schedule at least ten (10) working days prior to the scheduled event, c. Notify the Contractor of cancellations at least twenty- four (24) hours prior to game time. The game fee will be assessed when not notified except in case of rain or inclement weather. d. Notify the Contractor of rescheduled games by mail and phone call three (3) days prior to rescheduled games, understanding that reschedules will be accommodated on a first come, first served basis in direct relationship to availability of umpires. Delegate one (1) representative from the City to coordinate all scheduled games. Furnish the Contractor with the delegated representative's name, address and phone number, Pay the full game fee for any game officiated by Contractor in which four (4) innings or more are completed. 2. The Contractor agrees to the following: a. b. Assign qualified umpires to each game submitted by the City, Notify the City at least three (3) hours prior to game time, if no umpire will be provided. If the City is not notified, Contractor will reimburse the City the full game fee. ": ;:)!i,.~,; Ü ~'; >;,,'è':i;;Ú ;::. ::i/ri :?J::Y:!,":,', '.,:,:, L~;d;xJ,'¿¡'{~Î Ú.&~é:¿~?:.ú'2i(iÚtWl>k'; Ei\~~;!{2,~;h:';iÚ}~ttÚj Ú,/.;:j\;~it;j~'â};.!ii'j~..}Jili¡;tæ~S~~k~~ 3. The City agrees to pay the following fees for services: a. One umpire - single game $27.00 b. One umpire - two or more games $22.00 c. Two umpires single game $48.00 d. Two umpires two or more games $38.00 . -.r, ~..j)j;.( j,.) "il""""¡~:¡\'Ó;.¡.¡<I,i",¡x...;'¿j,':j.,.>,,,~.:,~¿,;;,~~~h.~'¡;"'~<i-J:~i.illi. :";L",'iJ..¡i,N.,H~.;.'¡w'¡j;¡;'¡';',l,'WJ.+d;"~i\'."""Ì.V...w.",..~..«a-H\\.I'&.~~i.N{'>~ Item 5G CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE Date: January 18, 2000 From: Kurt Reuter, Athletics and Specialized Services Manager Subject: 2000 Skyhawks Sports Academy Contract Backeround: The Parks, Recreation and Cultural Services Department has been contracting for youth sports camps with Skyhawks Sports Academy since 1992. The sports camps have been very successful. The participant evaluations from these camps are consistently good. The amount paid to Skyhawks for camps in 1999 was approximately $26,000. The City retains ten percent of gross receipts collected from these camps. Staff anticipates the registration for 2000 camps to increase because additional programs by the Skyhawks will be offered. The amount of the 2000 contract is $35,000. Committee Recommendation: Motion to authorize the City Manager to enter into an agreement with the Skyhawks Sports Academy for the year 2000 in the amount of$35,000 and forward to full Council on February 15. APPROVAL OF COMMITTEEREPORT: Committee Chair Committee Member ConìmitteeMember "'J'~':"\":;""~""'" "",'""",,,""".""':"-"""":":" """,',"""""""""""""""'.C.'A"-;"...'.¡'::';.l.\;..:;,¡.,.).\,!,-Ù:~':';;";')' ,(::',,' 'I","';!'~J.,..;:::,:',.' "'(rr:j:'(¡'."/,Ö"-'.'r\v'T~;'.-':nr..n>(~þ,.'.,".¡'b.:d}¡-.'Ú:,,',,',.:'T"""." "':.o.'.").'i,¡'r;-;.Ú:"'U:i;J,'h'(,h.'I"'l<.>!""W.",,,.....~~).,~;\iYJ't«...."<ìI!i-1[~~m):n";;!d'h :.>- ..,"",~~'~'H-..,...,..",.T- "...n'" . ~~rw..,""" ." ...~. _._k~.,",~~.,-_..- ...: PROFESSIONAL SERVICES AGREEMENT FOR SPORTS CAMP COORDINATOR \Uì ~U' LI~\ \? U L:J U,'\1 U This Professional Services Agreement ("Agreement") is dated effective this 2nd day of January, 2000. 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, 2000 ("Term"), This Agreement may be extended for additional periods of time 'upon the mutual written agreement of the City and the Contractor. 3. Termination. Prior to the expiration o~ the Term, this Agreement may be terminated immediately, with or without cause by the City. The Contractor may cancel this Agreement only upon thirty (30) days prior written notice to the eity. .._-... " .,~ .'" .", "l;.':'::.1)l¡).()~j~'i"-^'lr.h"Hj~\lYilhUdili}:M.~b:féi6it;D;,i§j 4 . Com~ensation. 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 Thirty Five Thousand Dollars and no/IOO ($35,000.00) during the term of this Agreement. 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 - 2 - ,,:'è'\;¡::\'~;,,;,.,\);~.:.;.::,.:¿Q,;;,,'<\ijJ;""""-'-':nl"";"-'.,"""."..I;'{'"",,,:,:,,,. "" , '" ,',,:,' "".'"',"',',',""-.N",',."".,'",, ,,'. ~W"-""""'-...~J.h, ~b:~j,;þaw~,~ß(,¡¡,<'t...ci:!<-,J,.,:j"",\""'I' "'er;".,,",' "'i;,' :',')),':"',"'" ,....,'¡."",.'"~...V'"',~"¡;-.\,N/,-'"J,'-'";.l"\\,,,,:';',¡Jo"'j,'~,~(J:¿"..;:;," ;>\\'""""""', " ,~j.,.C"",<,;" "'" 'Ú',"~"'.hLh."':' ^^ ,.,.,....,...," ,...,...... ,,~ r"",.'.h~"""",~1""1",.... ",~_..-",.......l'I'i!Q;';!:~JJ....n--h"""VJ>._, shall be neither liable nor obligated to pay Contractor sick leave, vacation payor 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 as due. Industrial or any other insurance which 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 mayor will be performing professional services during the Term for other parties i 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, Indemnification. 8. 8,1 Contractor Indemnification. The Contractor agrees to indemnify, defend and hold the City, its elected officials, officers, emplqyees, 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 I 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 represéntati ves, arising from, resulting from or connected with this Agreement to the - 3 - -,ü;¿; 1;,1 ~l ~WðJkf;l HW ~;¡c~~~~~i,\Y.;t¿) ~ J . :;~\~)j 1; 'ei,),: ,_:,;;. ;: b: \;9 ~}~ i7d ~ \ ~"" -> \ :.",~~w.w;" b'. <i; ...~"';¡~""""""""~ A>Jï>fô.&J~~ :~:~(~~j'~ extent solely caused by the negligent acts, omissions of the City, its employees or agents. errors, or 8.3 Survival. The provisions of survive the expiration or termination of respect to any event occurring prior to termination. this Section shall this Agreement with such expiration or 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 payor 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 performance of this Agreement Breach of confidentiality by immediate termination. the City obtained by Contractor in shall be considered confidential. Contractor will be grounds for 11. Insurance. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating which is satisfactory to the City: - 4 - . .' ;, ;~;: ,'/;);J,\¿~~~) ¡\~ú~~~~t~~~'J~~1>Þ¡Hr~:.!;' St~1~,!,;¡'j.~1;~tk,:t?i¡j$c::jôHi~,á~m:¡,~ú.,C(~¡~~i~W1~b:.ïi~~ 11.1 Workers I 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 coverages. Contractor shall provide certificates of ins~rance, concurrent 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.. Books and Records, 12. 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 - 5 - ;-¿~i~'&~i~i{?¿,:áJ!hit~.-iÄM",!i'¡. (~¿{ \W ¡,} :ifs~i:\'~; ,Zl,'J d,<.¡ Hi trÙ ! :~i ~.;' "0 ¡ 1 {!i1iJ.<iiì}!;~á~;U Ù;;.\MJ;lliilì;.(:P.~t¡Ji..';'¡¡~,~ ;':';;;ì:.&~"'J;~;?", (Î>;o' ;;'>:¡~ iJ/llc~ ~¡iiß~~~it!'<';)~~;";;f.~J authorized representative, the ~tate Auditor, or other governmental officials authorized by law to monitor this Agreement. 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 Aqreement. 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 àny purpose. 14.2 Modification. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. 14.3 Full Force and Effect. Any provision of this Agreement which 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 Assiqnment. 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 p~aces 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 - 6 - , !... £., .,,; .' !,...i. ~ < ~f,~~N ~~~.i~~ cd.iS: ¿::iÙ~;:Ü ~,:di~w~~~ ~~ ~kid~~;Ídí~MiiM~.«<~i.f¡>d M ,,~~~ for any dispute related to County, Washington. this Agreement shall be King 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 Governinq Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. 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 thè 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. - 7 - " ..."',""',>"",,,,',,',,';";',,-,..,".. ,'.' """"!m"""""Ji"'""",>.J':"""""'¡""';"," "':"','",:"" ,,' "\"",,-'i~:)..,,,V;""""""""""'.;:a: , , :" ",-..,,; ¡:;-,,'/<. '!~.]' l";'è~"1:;~)",,\"'Ü~"',W~~~M:ii¡"l":':":..\{'j,'b;i.,<:,J¡. ,.' '¡iM\4~¡4;,;):ri'.\ ¡~~~':""<.r¡~#r.~\,'\.</,'!/!¡¡',<i.;Y{~'>f.}fj\~.1'-i~h.\»'.c\::i.'~I\.:':;~;'I, !~"":)';'J..,;,'~¡):\~~\'¡¡.);)i:'" '. " . ,it~ii"~ " ",'" ""c,J.." ,';u.'=~, .=~ ' "'~J~,h~û .=,.t;,'¿~-,...", u.. ,w",,"¡,-'~ ..Ii"..1....." u,U..,"'a. ..,,,-, d..",",' . '~M""'"".,""" 14.14 Counterparts. This Agreement may be executed in any number of counterparts, which counterparts shall collectively constitute the entire Agreement. 14.15 the City's a result Agreement, the City's Compliance with Ethics Code. If a violation of Ethics Resolution No. 91-54, as amended, occurs as of the formation and/or performance of this this Agreement may be rendered null and void, at option. DATED the day and year set forth above. CITY OF FEDERAL WAY By: David H. Moseley, City Manager 33530 1st Way South Federal Way, WA 98003 ATTEST: City Clerk, N. Christine Green, CMC APPROVED AS TO FORM: City Attorney, Londi K. Lindell SKYHAWKS SPORTS ACADEMY By: Its: Jeff Heimbigner President P,O, Box 18529 Spokane, WA 99208 (509) 482-7804 - 8 - 'þ" ;.., "".",'n'.¿."ú.ùn'J"'<"""""',h',.~j""",'",'l";~,;,;;"jc",.;..,:",;,:;'",;"~;",;,,,; <,' ,;C:,~,)'::~'J..,.c...k'o..J~:.;,.,u~':':'~~\'~,t~~)~ EXHIBIT "A" SKYHAWKS SPORTS ACADEMY The Skyhawks Sports Academy shall conduct quality instru~tion for soccer, baseball, basketball and street hockey at a 15 to 1 player ratio which will provide participants the knowledge of: 1. Rules of the game. 2. Requirements of individual position play and the players role. 3, The correct procedure in passing, hitting, throwing and fielding. shooting, dribbling, 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 - ;,,' ; :. '."" ,,>' " "'~:' ),' ;f,i,':",-:,W/, :'>i.hM'i\M"",~\,..k~'i\'t~~'kHWAi:7\<~~M~AW;¡~~ "',"," " Item 5H CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE Date: January 18, 2000 From: DaveWilbrecht, Deputy Director Parks, Recreation and Cultural Services Department Subject: Vadis Northwest Contract Background The City ofF ederal Way Pub lic Work Department currently contracts with Vadis Northwest for litter control services in the right-of-way throughout the City. The contract language also provides for additional services in parks to include collecting and removing litter, trash, and debris from the City parks, trails, open space, and other City facilities. Vadis Northwest can also assist in trail development and maintenance, provide brushing, mowing and trimming services as needed. A Vadis Northwest crew consists of four workers, a supervisor and a vehicle. A crew work six hours per day, five days a week. Staff has been reviewing alternative methods of providing basic services in the park system at the lowest cost. The basic services include litter and trash removal, restroom maintenance, mowing and safety repairs, and maintenance. The cost benefit analysis of full-time employees' time and training for trash and litter removal work is not the best and highest use . ofthe City's resources. Contracting with Vadis Northwest to perform litter and trash pickup includes a supervisor to oversee the work, four workers, and a vehicle to transport the crew and the materials collected. A Vadis Northwest contract effectively increases the size ofthe workforce by five people at the average cost of one regular full-time employee. The funds to contract are within the current operating budget for 2000. The contract is currently in the Law Department under review. Staff Recommendation: Staff recommends the Council Committee forward a recommendation to full Council to approve the Parks, Recreation and Cultural Service Department enter into a contract with Vadis Northwest for removal oflitter, trash and other services not to exceed $55,000 per year. Committee Recommendation Motion to approve authorizing the City Manager to enter into a contract with Vadis Northwest for removal of litter, trash and other services not to exceed $55,000 per year. ;:,~",'Ú':.1{U;;':"""'iò~;"i"".;"~4j¡)iú,;!Ú#:t.widl,'i}'>:VJÙ.;\\¥.lÙ))Aíá'j,~illJ..~~~~~'" """.,,' ,'",' . '>:, "" ,,V, '," v¡.~ MAINTENANCEILABOR AGREEMENT FOR V ADIS NORTHWEST /";:') ,I"~ 0; ¡ ,/,/ I ,i "', ' 'j' ': i~lD ¿/'l' /'[1 (,', j I -J " ~ II ; i , '-' I) This Maintenance/Labor Agreement ("Agreement") is dated effective this 1st day of January, 2000. The parties ("Parties") to this Agreement 'are the City of Federal Way, a Washington municipal corporation ("City"), and Vadis Northwest, a non-profit 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 conducting the City's Litter Control Program; 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 and shall continue until the completion of the Services, but in any event no later than December 31, 2000 ("Term If). This Agreement may be extended for additional periods of time upon the mutual wiitten 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. The Contractor may cancel this Agreement only upon thirty (30) days prior written notice to the City. 4. Compensation. 4.1 Total Compensation. In consideration of the Contractor performing the Services, the City agrees to pay the Contractor an amount not to exceed the sum of the following items: ' '.. .', ...",..",."..,.'c>"";";".:"':\',;~i""~'(".:'J(ú', ',I¡,:"'",' "",,'.'i'.,..;.'..',j" """""¡';j"~."".',t"""¡",,,¡,,,"..I.\/"'..n.¡,' .', . '. , ..... ,....---.. ...,..-,... . -'"~""~""""','~<WT~""""" (i) Contractor's Fee. An amount equal to the sum of Forty Seven Thousand Three Hundred Four Dollars and NO/lOO ($47,304.00) in equal monthly installments of Three Thousand Nine Hundred Forty Two Dollars and NO/lOO ($3,942.00). ' 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, 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. 6.1 Requisite Skill. 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. 6.2 Defective Services. The Contractor shall, at its sole cost and expense, correct all Services performed which the City deems to have defects in workmanship and material discovered within one (1) year after the City's final acceptance of the Services. 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 payor 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 as due. Industrial or any other insurance which is purchased forthe 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 mayor 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 - , ,,' , ': ",,',' "',, """",.'",',,',',,')"1,,:,"'.',."",',:',',,,,\,"";"",H-',::{,J",.~!~""~'uÙ'\¡i.((i,(.:...::("",.'¡!d\'""":",,,,"","',';;;'V,,;',;,;:\,,:ÚÄ;8""',"',"""',',~'("'¡':"":;';::";'..:,)..\.n~,,).~.;1tt,,';""'\'~:"" , ;"!âj~'J.'1¿"':\d;;.'~¿:'::~~'h:,~!'j.j¡,,.,~,V,..\J,':i:5;¡,';~i;¡';"{,)js:.\/ij~j¡i!Jj,~;;,:', .'" ,It ,_,Ú"mf.ê""'~~~~';'.""""""'~ 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 ocçurring 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 payor 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. - 3 - ":f.>~'; r(~;~!i3 H~,,;, ÙÚ .!'.Y;'i ;'i :.;:~ 1:,:,) :';,,',: ,ú,¡.,..,iÙI) ';:~;'-'J,~¡!¡,¡!;).iJ:Jj¿.Ji:ii!~Lr¡;jj3i~;.j:j:":,y¿;,( .::.':~ ¡:,';Î:~";";"'\<'" IC .--\:";",'2.:, ,,",~~~~i~.1ii.'¿a~.H~~~~i:l1ii 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 which 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 $1,000,000 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 coverages. Contractor shall provide certificates of insurance, concurrent 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 ofthis 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 ofthis Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 12. Work Product. All originals and copies of work product, including plans, sketches, layouts, designs, , design specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Contractor while performing the Services shall belong to the City. At the termination or cancellation of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. . - 4 - -",--,"'¡-"i'...,',"" e":"""-'-"" "'",, ";','.t:_)"",>;¡:;""i;J"'~j.u,¡;jí-<',;,,,-""':¡'¡"':";tÚ;ili,;~i.il.'\i".I¡"""'>;""'-'-""""'~\:~""""!",N ,,", :.í;i;i<;«;tJS",:t;/Û;',~¡;!¡:¿¡J:rd~..~.\::Üì-",M';;j(-ti';{.'.:í:' ;/;~\r,:¡:.';;)..-,:¡:(r')zDÛ,{;ij1:-tJ;¡;¡1\'J:lllid.¡"-&.ï!h~J~il..~4f{¡¡~&Jl..'I'J '. , 13. 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. 14. Safety. Contractor shall take all necessary precautions for the safety of employees on the work site and shall comply with all applicable provisions of federal, state and municipal safety and health laws and codes, including without limitation, all OSHA/WISHA requirements, Safety and Health Standards for Construction Work (Chapter 296-155 WAC), General Safety and Health Standards (Chapter 296-24 WAC), and General Occupational Health Standards (Chapter 296-62 WAC). Contractor shall erect and properly maintain, at all times, all necessary guards, barricades, signals and other safeguards at all unsafe places at or near the site for the protection of its employees and the public, safe passageways at all road crossings, crosswalks, street intersections, post danger signs warning against known or unusual hazards and do all other things necessary to prevent accident or loss of any kind. Contractor shall protect from damage all water, sewer, gas, steam or other pipes or conduits, and all hydrants and all other property that is likely to become displaced or damaged by the performance of the Services. The Contractor shall, at its own expense, secure and maintain a safe storage place for its materials and equipment and is solely responsible for the same. 15. Clean Up. At any time ordered by the City and immediately after completion of the Services, the Contractor, shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting from the Services. In the event the Contractor fails to perform the necessary clean up, the City may, but in no event is it obligated to, perform the necessary clean up and the costs thereof shall be immediately paid by the Contractor to the City and/or the City may deduct its costs from any remaining payments due to the Contractor. 16. 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. 17. General Provisions. 17.1 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 - 5 - "tii¿i:~::~.!?,Y/;,(/J~~8::ì~:;j;ij'i~;,;l!;,:h\'x<,n/h1;':d,',:!\:\, :,' .,,',,:,: ,':":",,"','.,':::;::,; ,¡jlj,l,illj;¡\Ùv.J.(¡;jj.1{i!.{¡1t;¡~~'í'~~~:œ~/1.\L;:,~;:"<,_., ,;"'::.. ,:,:i"~, ;á~¡~~i~¡ii~i~ agreements shall be effective for any purpose. 17.2 Modification. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. 17.3 Full Force and Effect. Any provision of this Agreement which 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. 17.4 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. 17.5 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. 17.6 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. 17,7 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. 17.8 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. 17.9 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. 17.10 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. 17.11 Captions. The respective captions of the Sections of this Agreement Me inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. 17.12 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 - 6 - '>':/i;";;,"';';"'o:j¡;:.,;;:¡:;"",'";:",;..,,-...:,,,,..;",'(":",',""""',,,',,",,",, ','" """", "", "" ,:,IX..M;';¡.>."¿;.IU~."i-fu"ç.;J,"Ì),,'1;\(Ö:¡A¡YJ¡8(;1:(,,:',;.;\/Ji....,:)ri;>¿(,,-::.ç,,\P,', ';"'i<i"",:',C¡;J,'<'--,'"UU."i:¡.:.:S'<~, ,;,.j~',\;r',\Ô'/i'jlti:>,;,;i"';""',";kh;è",\iJÚ;;¡;"i,' '; .. ,:~j.,;,~ ',",;;,'¡";'J:;'Ü,' ~'I . '~~-'.".'.",..'"".'~",...'-""""'" -"~<'..t..."=.",.("..",,,>J-;,'<':o\"'.. k>-.Hj~f,U....:.a;;W~ :1I6;j}r~ in the description of the Services is essential to the Contractor's performance of this Agreement. 17.13 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. 17.14 Counterparts. This Agreement may be executed in any number of counterparts, which counterparts shall collectively constitute the entire Agreement. 17.15 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. DATED the day and year set forth above. CITY OF FEDERAL WAY By: David H. Moseley Its: City Manager 33530 1st Way South Federal Way, W A 98003 A TrEST: City Clerk, N. Christine Green, CMC APPROVED AS TO FORM: City Attorney, Londi K. Lindell - 7 - ~'~Æ -;,,<:/:,;,;: i:':J}:i.W;;~~:~~: jì~i;U<"Ú¿Æ>i ÚlJ;.tht:~¡'i~::\} i'\i~~iB H~;xàH,H ':;';. :'Ù..i:~:'.:SL:(¡ )Ú~)<~;.(~:¿~~j>..1~~~~~~{r'í)['i..ltW~i¡~';i<~\', ~~:(;L:, -:,;, ,~,:.'.~C..f;~~~.;, ,,~'/;~r;j..~ By: Its: G :\FORMS\MAINLABR. AGT Rev. 10/8/99 C:\vadis\MLA-Vadis NW 2000 ,":,:, VADIS NORTHWEST, INC. Christopher Christian Executive Director 1701 Elm Street Sumner, WA 98390 (253) 863-5173 8 ,,:,,";..¡;:',',;i;;,,;:...i,ki;~t;'¡",á~,~!,~.;.ù.4.D;}~iití')j,; ~., . ,;j:: ,'!;,,;Ú{;'~;;:',&.ì¿¡;XJ$;{h~ ;;.#~;~§;} ¡~dl;{¡~: ;¡J:¡N~~~\j:.~.? ,¡'jX,;;j!ì¡)'Ki¡J.iJ.&.d{¡iÎj¡'\i:k~'~.!W~~)k~~ EXIDBIT "Alf SCOPE OF WORK Vadis Northwest agrees to provide the following services: A. B. 5. C. Vadis Northwest wiil provide the City of Federal Way with five (5) individuals ("workers") and a supervisor person ("supervisor") to work five (5) days per week Monday through Friday, six (6) hours per day throughout the duration of the contract. The supervisor will supervise and assist the individuals in their daily work performance, transport the individuals to their designated work areas, and coordinate work activities and schedule with the City daily or weekly, and fulfill other supervisory duties as outlined herein. Vadis Northwest will provide a motor vehicle and liability insurance. The individuals will be working with various hand tools. SPECIFIC TASKS. 1. STREETS Vadis will collect and remove litter, trash and debris from the shoulders of City traveled ways (including but not limited to streets, roads, alleys, paths and parkways), public parking lots and other designated areas. However, the tasks to be performed may be changed by the City's Streets Maintenance Supervisor at the, . City's discretion to meet its needs. 2. PARKS Vadis will collect and remove litter, trash and debris from City Parks, trails, open space areas, and other City facilities. Assist in trail development and maintenance. 3. EQUIPMENT Wash and clean designated City vehicles and equipment. 4. STORM DRAINAGE Collect and remove tree leaves, limbs, trash and other debris from the top of storm water catch basins and from the sidewalk curbs and gutters as assigned. JOB ASSIGNMENT PRIORITIES Task assignments are subject to change and prioritization by the City Public Works Director or their designee. Vadis supervisor shall examine all work sites thoroughly before commencing work at the site. It shall be the responsibility of Vadis supervisor to verify that the duties, assignments, and job sites meet the capabilities of the workers. All existing conditions at the job site will be noted and copies with verification noted, given to the City's Streets - 9 - ",;;"",!P,,",:,',,;,',',',/:",",t,:'.'(",j,V"'~'/¡"';";",;t,:'":...',~";,,,,,,\,,\.':,,:,":;','"i';,',':,'-""/"i,'"",,,,,:,:',",""""""""\"'>;:,:,;-'-,;0\'0;:;1"<i"'j';'ii;/)."";'.);;~',I".,¿c"'¿'c';";;::~,¡.;'j",,,,,~,':¡';dli>",','.', '-"'~" > ',:' , " , -~""~ , ',0,. ,~, - " .,..,'"..,.,..".;--o_^"...¡¡.)_,.tn'-"'.t"""r.^+t~7o!TW"""""i7-"""""'.f,'11'.4).~¡J),!.'Ni"~",\,u.nUN'.:~,,J~1,~'~J':';'-';;;;,Úú;;,:~ Maintenance Supervisor on a daily basis. D. Vadis shall perform tasks to completion between the hours of 9:00 a.m. and 3:00 p.m. Monday through Friday. Vadis shall recognize the same holidays as the City. E. RESPONSIBILITIES OF PARTIES 1. CONTRACTOR DUTIES: Contractor will be responsible for the following: a. The performance of all work as provided under the Contract with its own employees. Individuals who perform work under this Contract must be carried on Contractor's payroll. Contractor is responsible for administering and paying employee wages, benefits and all other employee-related costs. Although the Contractor's company headquarters may be located outside of Federal Way, Washington, Contractor shall provide in the Federal Way geographical area a full-time supervisor who will continuously oversee Contractor employee work and will have authority to represent Contractor in the day-to-day activities. The supervisor must be trained in traffic control and must possess a "Traffic Control Flagging License"certified by the State of Washington. The Contractor will provide the supervisor's name, address, and telephone number to the City's Street Maintenance Supervisor at the beginning of the contract period. b. Contractor shall prohibit its employees from disturbing the papers on desks, opening desk drawers and cabinets, entering the central store area, or using City telephones or office equipment. c. Contractor is responsible for the security of facilities where assigned tasks are performed as well as tools, equipment, safety gear, traffic control devices and any other items which may be supplied by the City for Contractor's use in the performance of contracted duties. No equipment or supplies will be removed from City premises except as required for the performance of assigned duties. d. Contractor shall provide City with a quality control system acceptable to the City within ten (10) days of the date of the Contract. The quality control system shall be a plan specifying how Contractor will accomplish maintaining the level of performance required under this Agreement. Quality control statements shall be provided to the City's Street Maintenance Supervisor on a monthly basis. Contractor shall provide a motor vehicle to transport its employees to and from the designated work sites. Contractor's vehicle shall be well identified with signs and equipped with safety warning lights, strobe light and emergency flashers. e. f. Contractor shall provide rain gear, foul weather gear, and footwear as required, and clothing as needed for its employees. - 10 - ,'~-- ",,:,/.. 'C,, .'" c'. '-" ,..",i, 1.,,',- ,:")",,',, ",;" ",.".", ,"'y>,'""",;",',:""".,;"',,,.iJ';;,O'.,,' C.'; """>'-'..'it.i,j¡ 3. C:\vadis\MLA-Vadis NW 2000 g. Contractor and employees shall collect the litter, trash and debris in bags and take them to a dumpster provided by the City at a location to be specified by the City. Contractor shall also pick up tools and orders from such location. h. Contractor shall follow accepted safety practices in the performance of all work. After every work shift of litter clean-up and other assigned tasks and services the following shall be done: The work areas shall be inspected for fire hazards; electrical or power machines and/or equipment shall be turned off; outside doors and windows closed and locked; gates closed and locked and all miscellaneous work tools and equipment shall be inspected and put away. CITY DUTIES: City will be responsible for the following: a. The City shall supply litter bags to Contractor for its use in the collection of litter, trash and debris. b. The City shall supply traffic control devices, (i.e. signs and traffic cones) to Contractor so Contractor can place the traffic devices at work site(s) to protect its employees while performing services under this contract. The City shall also provide hard hats and reflective traffic vests. c. The City shall supply all grounds maintenance equipment and hand tools as needed, to perform duties under this Contract for outside grounds maintenance. d. The City shall provide Contractor and its supervisor a copy of the daily work schedule and any change notices to use as a basic guide for the distribution of work each week. The work schedule may be changed as deemed appropriate by the City and a copy of such changes provided to Contractor and its supervisor. The City shall determine the priority to be given the various assignments. The City shall verify that all work is performed as scheduled. At the end of each month, the City shall note all work as either (S) Satisfactory or (U) Unsatisfactory. If any work has been rated (U), the City shall contact Contractor to discuss the deficiency and action necessary to correct the deficiency. - 11 -