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PRHSPSC PKT 09-13-1999 Ui¡~ City of Federal Way CITY COUNCIL P ARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE Monday, September 13, 1999 5:30 p.m. City Hall Mt. Baker Conference Room AGENDA 1. CALL TO ORDER 2. PUBLIC FORUM 3. COMMISSION COMMENTS 4. APPROVAL OF AUGUST 23,1999 SUMMARY 5. COMMITTEE BUSINESS A. B. Interlocal Agreement for School Security Twin Lakes Homeowners Association Security Agreement Action Action Wood Wood 6. NEXT MEETING - September 27, 1999 - 12:00 p.m. Agenda Item: Amendment to Ordinance 91-82 7. ADJOURNMENT Staff: Jemlifer Schroder, Director Sue Floyd, Administrative Assistant 661-4041 Committee Members: Jack Dovey, Chair Jeanne Burbidge Linda Kachmar City of Federal Way City Council PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE' Monday, August 23, 1999 12:00 p.m. City Hall Mt. Baker Conference Room SUMMARY In attendance: Council Committee memberf Linda Kochmar and Jeanne Burbidge; Jennifer Schroder, Director of Parks, Recreation and Cultural Services; David WilHrecht, Deputy Director of Parks, Recreation and Cultural Services; Pat Richardson, Assistant City Attorney; Derek Matheson, Assistant to the City Manager; Kurt Reuter, Athletics and Specialized Services Manager; Ann Guenther, Human Services Manager; Sue Floyd, Administrative Assistant Absent: Council Conmlittee member Jack Dovey Guests: Dini Duclos, David Kaplan, Bob Kdlogg, Barbara Reid, Parks and Recreation Commission members, Jonathan Sim, Diversity Commission Acting Committee Chair Jeanne Burbidge called the meeting to order at 12:08 p.m. PUBLIC FORUM None COMMISSION COMMENTS Dini Duclos, Chair of the Parks and Recreatidn Commission, noted that there are two items to be discussed at this meeting that pertain to parks. The Celebration Park use pdlicies have been forwarded to committee after Parks and Recreation Commission review and approval. The canoe club issuJ was reviewed by the Commission. Additionally, the canoe club provided a demonstration at Steel Lake Park, in which some commission members and staff rode in the canoes and witnesses their stopping ability, which was an issue of concerned citizens. The commission members were impressed by the speed at which the canoes were able to stop. Ms. Duclos also asked that skate park and the youth concert be added to the agenda. LINDA KOCHMAR MOVED, JEANNE nURBIDGE SECONDED A MOTION TO ADD SKATE PARK UPDATE AND YOUTH CONCERT TO THE AGENDA. MOTION PASSED. JEANNE BURBIDGE MOVED, LINDA KOCHMAR SECONDED A MOTION TO ADD "CELEBR<\TION PARK FINAL ACCEPTANCE TO THE AGENDA. MOTION PASSED. - Bob Kellogg, Parks and Recreation Commission member, spoke on behalf ofthe Wedgewood Neighborhood Park neighbors, who are pleased that $50,000 has been set aside for the park. The neighbors, according to Mr. Kellogg, are anxious to begin the project. Staff responded that a meeting will be held in the fall with the community. The first step prior to that meeting is to hire a consultant to perform a boundary liile adjustment. Although funds were appropriated for the park improvement, no funds were given for maintenance and operations. Staff will report to the committee in the fall on the progress of this project. APPROVAL OF JULY 26, 1999 SUMMARY The July 26, 1999 minutes were approved as written. I BUSINESS ITEMS DIVERSITY COMMISSION BUSINESS P~AN Jonathan Sim, Chair of the Diversity ConUnission, outlined the proposed 1999-2000 business plan as approved by the commission at their August meeting. The commission has moved from a January-December business plan cycle to a September-August cycle to better accommodate new commissioners who arrive in June of each year. LINDA KOCHMAR MOVED, JEANNE BURBIDGE SECONDED A MOTION TO FORWARD TO DIVERSITY COMMISSION BUSINESS PLAN TO THE FULL CITY COUNCIL WITH A DO PASS RECOì\L\IENDATION. MOTION PASSED. Parks, Recreation, Human Services & Public Safety Council Committee August 23, 1999 Summary Page Two CELEBRATION PARK USE POLICIES Prior to the opening of Celebration Park in May, the City received requests from youth leagues to use the ballfields. The Parks and Recreation Commission formed a committee to review the policies for Celebration Park, per Council's request. The committee met with all user groups of the park. All user groups want top quality fields and would like them inspected on a regular basis. On August 5, 1999, the Parks and Recreation Commission passed a motion approving the committee's five recommendations for field use and fee policies. Ms. Kochmar suggested placing a sign at the ballfields explaining why citizens cannot play on the fields after hours. It was further suggested that an information sheet on Celebration Park usage policies be disseminated to the public (i.e., publish in the semi-annual city newsletter). After discussion, LINDA KOCHMAR MOVED, JEANNE BURBIDGE SECONDED A MOTION TO APPROVE THE PARKS AND RECREATION'S FIVE RECOMMENDATIONS FOR FIELD AND USE POLICIES AT CELEBRATION PARKAS CORRECTED. MOTION PASSED. It was noted that the utility tax pays $50,000 per year for the maintenance and operations of the park. The remainder comes from tournament fees and other revenue. Adult play and tournaments are not subsidized; however, youth play is subsidized. CELEBRATION PARK FINAL ACCEPTANCE Staff reported that the Celebration Park project is substantially complete. The final construction cost for the park is $9,136,049. The clean up expense of Wetland Z is $200,000; a claim for reimbursement has been filed by the City Attorney's office. In addition, the City will also be receiving reimbursement for over-sizing the water system as agreed by Lakehaven Utility District. Staff recommended final acceptance of the Celebration Park construction project. LINDA KOCHMAR MOVED, JEANNE BURBIDGE SECONDED A MOTION TO ACCEPT THE CELEBRATION PARK PROJECT AS COMPLETE AND FORWARD TO FULL COUNCIL FOR APPROVAL. MOTION PASSED. LEGISLA TIVE AGENDA/POSITION PAPER Mr. Matheson gave a brief synopsis to the committee on the City's Legislative Agenda and Position Paper for the 2000 Legislative Session. The document has been revised form last year to address current issues such as housing capacity and buildable lands, gambling and social card rooms, district and municipal judges, electronic commerce and other issues. FIFE JAIL OPTION The City of Fife is considering constructing a 500 bed low to medium security jail facility on property already owned by the City of Fife. Fife has put out a Request for Proposal to Construct, Furnish and Operate a Municipal Jail. The construction of the Fife jail may provide the City of Federal Way with an opportunity to obtain approximately 100 beds per day at a much lower cost than the City currently pays King County. The City pays King County a misdemeanor booking fee of$121.58 plus a daily maintenance fee of $68.54. At this time, the City of Fife has advised that it will not have a booking fee and its maintenance fee would be less than the daily fee charged by King County. The Fife jail will also have a video arraignment, which would further lessen the City's costs. Fife expects to begin construction in eariY 2000. There is concern, however, that the potential passage of 1695 may impact the ability to construct the jail. CANOE CLUB/AMENDMENT TO ORDINANCE 91-82 During the summer of 1998, the City received several complaints about canoe club activities on Steel Lake. Most of the complaints revolved around three issues: the canoes were traveling too fast, canoes were often too close to docks, and the activity was occasionally loud. The Kikaha 0, Ke Kai Canoe Club came to the Council Committee meeting of November 23, 1998, requesting the City reconsider the park ordinance that prohibits "any trials or competitions for speed, endurance, or hill climbing involving any vehicle, boat, aircraft or animal in any park." Council asked staff to review the ordinance, gather information on the needs of the Canoe Club and review impacts to Steel Lake Park. The Parks and Recreation Commission held a public meeting on July 19, 1999 to take public comment on the issue. Approximately 100 were in attendance. On August 5, 1999, the Commission invited the Canoe Club to hold a demonstration at Steel Lake prior to their regular meeting. The Canoe Club demonstrated the stopping ability of the canoe. In addition, the public and commissioners were given the opportunity to experience the canoe first-hand. At their August 5 meeting, the Commission moved to reconmlend to Council that Ordinance No. 91-82 be amended to approve the Canoe Club's authorization to hold trials/competitions at Steel Lake. The Commission further requested that staff work with the City Attorney's office to draft an amendment and policy to review requests for use of park facilities for trials/competitions on a case-by-case basis. The Conm1Íssion will review a draft amendment and administrative policy for implementation at their September 2 meeting. Parks, Recreation, Human Services & Public Safety Council Committee August 23, 1999 Summary Page Three SKATE PARK UPDATE The projected cost of skate park construction is $200,000. The assessor's value of Steel Lake Park is $300,000. Because the construction cost is more than 25% or the assessor's value, the project triggers the 25% nile in the City's code that would require off-site street improvements. An appraiser has been contracted to conduct an appraisal of the properiy, including the Steel Lake Maintenance Facility. Because of the off-site development requirements, staff will forward alternative plans to the committee once the appraisal is completed. At this time, there is no funding for the construction of the skate park. If the Sacajawea soccer field grant previously submitted to the Interagency Committee for Outdoor Recreation does not qualify for funding, then the funds assigned to that project will be transferred to the skate park project. However, those funds would not fully fund the project, so a fund raising effort would have to be established. SAFE SCHOOLS/SAFE COMMUNITY YQUTH CONCERT Safe Schools/Safe Community forums were held during the summer to discuss and initiate activities for youth. The teen concerts on August 11 and 25 were a result of the fomms. The August 11 concert, held at Celebration Park, was attended by approximately 100 youth. Staff did receive calls from the nearby corml1unity regarding the loud music late at night on a weekday. For the August 25 concert, the speakers will be re-directed south to reduce the impact to the residents on the north side of the park. NEXT MEETING September 13, 1999,5:30 p.m. ADJOURNMENT The meeting adjourned at 1:22 p.m. Item 5A CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE I I Date: August 25, 1999 From: Ronald T. Wood, Director of Public Safety Subject: Federal Way Schbol District No. 210 Interlocal Agreement for School Security Background: The City entered an experimental I program with the School District at the start of the 1998-1999 school year, placing an officer at two different high schools as School Resource Officers. The School District was to pay the City roughly $16,000 per position for half of the school year with an extension to follow an evaluat~on if the program was successful. The agreement continued through the spring semester and is now pending formalization. During the summer months the two entity's attorneys have worked out acceptable language in a contract, the Department of Justice approved funding for thre~ years for the two positions budgeted in the 1999-2000 budget to fulfil the contract, and the Schdol District requested that a third high school be added to the agreement. The School District is prepared to pay the City $40,000 per position for the school year period, leaving the officer time to be used elsewhere by the City when school is not in session. With $25,000 per year per position approved for the two original positions, the City essentially covers the direct cost ofthe two School Resource Officers already approved. If the City chooses to place an officer in the third high school, an additional officer will need to be budgeted at this time to avoid furtlher reduction of current patrol coverage. If a third school resource position is authorized bY' Council, federal grant funding c~n be sought. If obtained, the third position will essentially be ftee to the City for three years. If the grant is not approved for the third officer, the School District would be paying $40,000 per year and the City's direct cost would be in the $15,000-$20,000 per year range. If the third School Resource Officer position is not approved by Council, the contract should be limited to the two previously approved positions. Attached is the final draft for an Interloca1 Agreement between the City of Federal Way and the Federal Way School District No. 210 for School Resource Officers. The intent of this Agreement is for the Federal Way Department of Public Safety to assign three (3) police officers to Decatur, Federal Way and Truman High Schools. Assignments under this Agreement are scheduled for the 1999-2000 school year. Two of these police officer positions have been approved by City Council and adopted in the 1999-2000 Biennium Budget. An additional police officer position is needed to fulfil this Agreement. Highlights of this Agreement are as follows: The City will submit two invoices (January and June) for regular SRO work. Each invoice equates to Yz of the school year. Extra duty assignments and overtime will be billed monthly. An annual cost letter (anticipated salary and benefit costs) must be submitted to the District Security Manager on or before April 1 sl of each year. The City will receive $40,000 for each SRO position ($120,000 per 3 positions) in the first year of the agreement. Committee Recommendation: Motion to approve and accept the Interlocal Agreement between the City of Federal Way and the Federal Way School District No. 210 for the provision of School Resource Officers, which includes an increase of an additional police officer position (1 FTE). This move will accomplish several objectives which will further establish an essential link between the Department of Public Safety and the Community. Specifically, this action will fulfill the requests of the School District, provide annual revenues of $40,000 per officer ($120,000 per 3 officers), prevent further reduction of current patrol coverage, allow the Department of Public Safety to continue its venture and philosophy of community oriented policing within the school environment, and ensure the Council and Community that the integrity of police services will not be compromised. APP.ROVAL OF CO,n..IITTEE REP-ORT: -"--- Committee Chair Committee Member Committee I\h~lI1hcr Page 2 of 2 Federal Way School District No. 210 Interlocal Agreement for Security Services INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WA\1 AND FEDERAL WAY SCHOOL DISTRICT NO. 210 FOR SCHOOL RESOURCE OFFICERS This Agreement is made and entered into by and between the City of Federal Way (hereinafter "City") and Federal Way School District No. 210 (hereinafter "District"), collectively "Parties" . 1. The City and the District recognize commissioned police officers on the school campuses provide the unique oppörtunity to heighten safety, to increase public awareness, and to increase outreach in the community. I 2. Chapter 39.34 (Intedocal Cooperation Act) permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other entities to provide services in a manner best serving the needs and development of local communities. 3. The Parties hereto desire and by this agreement enter into an Interloca1 Cooperative Agreement ("Agreement") wherein the City will provide school campus security with fully commissioned police officers. 4. The Parties hereto desire to set forth their rights, duties and responsibilities with respect to applicable laws, ordinances, procedures as established by the Parties hereto and the State of Washington. NOW, THEREFORE, it is hereby covenanted and agreed to by and between the Parties hereto as follows: I. DEFINITIONS The following definition$ shall apply to this Agreement: 1.1 City - The City of Federal Way. 1.2 District - Federal Way School District No. 210. 1.3 School Resource Officer ("SRO") - A fully commissioned police officer who is assigned by the Department to provide law enforcement and security services to the District. The 1.4 1.5 1.6 1.7 1.8 1.9 1.10 SRO assignment at the school campuses is the equivalent of a .70 full time police officer with the remainder .30 to be assigned at the discretion of the Department. School Campus - The school building, all parking lots or outside common areas adjacent to the school building, and all property within one thousand feet (1000'). Department - The Department of Public Safety of the City of Federal Way. School Year - One hundred eighty (180) days of official school days, one day before and one day after for preparation, closing and staff meeting totaling one hundred eighty-two (182) days between the months of August and June. Annual Cost Letter - Anticipated annual costs for services for the next school year. The anticipated costs are calculated as follows: hours of work per calendar year total 2080 hours, or 260 eight-hour days. The work performed by a SRO represents a staff equivalent of.70 of a full-time position. The anticipated costs for services will be calculated on the .70 equivalent. Extra-duty Assignments - Extra-duty assignments include, but are not limited to, athletic games, dances, graduations and other events that occur outside the normal school day as defined in Article V. Hours of Work. Daily Routine - The daily routine includes assignment to various locations on/around the school campus, or various events. The daily routine does not include policies, procedures, guidelines or work rules. Overtime - Overtime costs are calculated and paid in accordance with the Fair Labor Standards Act and the Guild Contract. II. PURPOSE School Campus Security. It is the intent of the Parties that City police officers provide school campus security for the schools. An SRO will be assigned to the following high schools: Decatur, Federal Way and Truman; for a total of three positions. - 2 - 3.1 3.2 " " -'.-' 3.4 3.5 nI.l CITY'S RESPONSIBILITIES SRO Assignment to the ~choo1 Campus. Upon receipt of Notice from the District, the City agrees to assign an $RO, as defined in Section 1.3, for a rotation of one school year. In the event of operational needs or other unforseen circumstances, the City will assign the replacement SRO. Performance Evaluations, Discipline, Assignment, and Other Personnel Actions. The City will continue to evaluate the performance of a SRO, to administer discipline, to investigate allegations of misconduct, assign duties, and take any other personnel action in accordance with applicable City policies, guidelines, and/or collective bargaining agreement. The City, in its discretion, may utiHze the District's performance comments/observations referenced in Section 4.2. I Staffing. A. Scheduled Absfnce. In the event a SRO scheduled an absence of more than one day, the City agrees to provide a full day replacement for each day of absence. The City shall not be 01D1igated to provide a replacement SRO for approved training for less than four (4) hburs. B. Unscheduled Aþsence. In the event of an unscheduled absence due to illness or emergency, the City agrees to provide a replacement for five (5) hours during the hours from 1000 (]O:OO a.m) to 1500 (3:00 p.m.). C. Absence for Other Duties and/or Training. The City agrees to provide a replacement for the hours of absence in the event a SRO is absent more than four (4) hours for Department duties and/or training. Transport of Criminal Stispects. After an SRO arrests individuals or detains individuals suspected of criminal activity, the SRO will normally remain on the school campus, and additional police officers will be dispatched to transport said individuals. The City, in its discretion, may require tHe SRO to leave the school campus and transport the individuals. Invoices. A. Regular SRO work. The City will submit two invoices during the school year, one in January and one in June, for work performed. Each invoice represents work for 91 days, which equates to one-half of the school year. - 3 - 3.7 3.8 3.9 3.10 B. Extra-duty assignments. The City will submit an invoice monthly for all work as a result of extra-duty assignments. C. Overtime. The City will submit an invoice monthly for all overtime worked. The City maintains responsibility to document overtime. 3.6 Annual Cost Letter. On or before April 1 of each year the City will provide the District Security Manager an Annual Cost Letter estimating the anticipated annual costs for services for the next school year. Uniform and Equipment. A. Uniforms. Normally a SRO will be attired in police uniform. However, either upon the request of the principal, and approval by the City, other attire may be approved for specific occasions. B. Transportation. The City, in its discretion, may provide vehicles or other means of transportation for the SRO. C. Radio Communications. The City will provide the SRO a radio capable of routine and/or emergency interaction with dispatch operations, and integrated with the regional public safety radio network. Extra-duty assignments. The City agrees to attempt to assign the extra-duty work to the SRO assigned to the particular school campus but will also attempt to reduce any overtime. Minimum Benefits. Pursuant to RCW 28A.400.285, persons performing services under this Agreement shall be provided health benefits similar to those provided School District employees who would otherwise perform the work, but in no case are such health benefits required to be greater than the benefits provided for basic health care services under chapter 70.4 7 RCW. Record Check. Pursuant to RCW 28A.400.303, the City shall require a record check through the Washington State Patrol criminal identification system under RCW 43.43.830 through 43.43.834, 10.97.030 and 10.97.050 and through the federal bureau of investigation before hiring any employee who will have regularly scheduled unsupervised access to children in the School District's schools. The record check shall include a fingerprint check using a complete Washington state criminal identification fingerprint card. The City shall provide a copy of the record report to the applicant. When necessary, applicants may be employed - 4 - ~ 4.1 4.2 4.3 on a conditional basis pending completion of the investigation. If the applicant has had a record check within the plfevious two years, the City may waive the requirement. Crimes Against Children. Pursuant to RCW 28A.400.330, as now or hereafter amended, the City shall prohibit any emwloyee ofthe City from working at a public school who has contact with children at a public school during the course of his/her employment and who has pled guilty to or been convicted of any felony crime involving the physical neglect of a child under chapter 9A.42 RCW, the physical injury or death of a child under chapter 9A.32 or 9A.36RCW (except motor vehicle violations under chapter 46.61 RCW), sexual exploitation of a child under chapter 9,68A RCW, sexual offenses under 9A.44 RCW where a minor is a victim, promoting prostitution of a minor under chapter 9A.88 RCW, the sale or purchase of a minor child under RCW 9A.64.030, or violation of similar laws or another jurisdiction. Any failure to comply with this section shall be grounds for the School District to immediately terminate this Agreement. IV. DISTRICT'S RESPONSIBILITIES District Request Removal of SRO. The District may request removal of a SRO for unsatisfactory performance or for incompatibility. All requests for removal must be in writing from the principal of the school being served and submitted to the Chief of Police. Performance Comments. The District will provide the City with performance comments and observations concerning the SRO on or before July 15 of each year. Compensation. In the fir$: year of this Agreement the District will pay a flat rate of forty thousand dollars ($40,0001.00) for each SRO position per school year. Upon receipt of an invoice, the District will reimburse the City within thirty (3.0) days, exclusive of overtime and extra duty assignments costs. A. Annual Negotiation of Costs. After April 1 of each year, the District agrees to negotiate the compensation based upon the anticipated costs of services as set forth in the Annual Cost Letter in Section 3.6. ." < B. Extra-duty assignments. The District agrees to pay the prevailing hourly rate for each extra duty hour worked by ~ police officer. In the event that overtime is incurred, the District agrees to pay the overtim~ rate as defined in Section 1.10. - 5 - C. New Position(s). In the event the City and the District agree to establish additional SRO position(s) during the school year, the District will pay the proportionate amount based upon the actual days worked. D. Overtime. The District agrees to pay any and all overtime costs in accordance with the Fair Labor Standards Act and the Guild Contract. 4.4 Office Space/Equipment. A. The District will provide an office space, desk, dedicated phone line, voice mail, district and internet based electronic mail, a digital pager and a computer. B. The District will provide access to private interview rooms. C. Generally the school campus of the District will provide a site-based portable radio to permit communications between staff and the SRO, and to enable monitoring of staff/campus activities. In the event a site-based radio is not provided, it is the responsibility of the site principal to ensure that acceptable alternative communication protocols and methods are in place. 4.5 Extra Duty Assignments. The District reserves the right to negotiate with the City for "extra- duty" police services as defined in Section 1.8. The District's first preference is that the SRO assigned to the school would also be assigned to the extra duty assignments. However, the District recognizes that another officer may be assigned. 4.6 Assignment of Daily Routine. The principal may assign the daily routine of the SRO provided the assignment does not conflict with City policies, guidelines, protocols, work rules and/or applicable collective bargaining agreement. 4.7 Transport Students. The District will maintain responsibility. to transport students not involved in criminal activity. V. HOURS OF WORK An SRO will work an eight-hour shift, inclusive of the lunch period. The SRO may be subject to call during the lunch period. The actual hours worked will be determined by the needs ofthe school principal. Generally hours for high schools approximate 0645 (6:45 a.m.) to 1445 (2:45 p.m). The parties recognize that the SRO is subject to the Fair Labor Standards Act (FLSA), and that overtime may occur. - 6 - VI. TERM The term of this Agreement shall þe for a period of three years, commencing on August 31, 1999 and concluding on August 30, 2002. 7.1 7.2 8.1 8.2 9.1 9.2 VII. TERMINATION I The parties may mutually agree to terminate this Agreement at any time. Either party may terminafe this Agreement with or without cause to be effective at the conclusion of the school Yé!ar, or in the middle ofthe school year at the conclusion ofthe first semester, provided that tþe party desiring to terminate the Agreement provides written notice of the intent to temiinate sixty (60) days before the effective date. VIII. INSURANCE Amount. It is hereby und9rstood and agreed that each Party to this Agreement shall obtain and maintain public 1iabihty insurance in an amount not less than TWO MILLION AND NOll 00 DOLLARS ($2,000,000) single limit liability. Certificate. Each Party sl).all provide the other Party with a certificate of public liability insurance naming the othe~ Party as an additional insured and showing proof of the required insurance coverage. Insurpnce coverage shall be maintained at all times. I IX. IND EMNIFI CA TI 0 N I The District. The District agrees to defend, 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 acts, errors or omissions of the District, its partners, shareholders, agents, employees, or by the District's breach of this Agreement. The City. The City agrees to defend, indemnify, and hold the District, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabili~ies (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 - 7 - 9.3 10.1 10.2 10.3 lOA caused by the negligent acts, errors or omissions of the City, its partners, shareholders, agents, employees, or by the City's breach of this Agreement. The provisions of this article shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. X. GENERAL PROVISIONS Administration and Notice. The responsibility for overseeing the compliance with the provisions of this Agreement shall be handled jointly between the Parties, and no separate legal or administrative entity shall be formed by the Parties for such purpose. The contract representative for the City shall be the City Manager or his or her designee, 33530 1st Way South, Federal Way, Washington 98003. The contract administrator on behalf of the District shall be the Superintendent or his or her designee, Federal Way Public Schools, Administrative Office, 31405 18th South, Federal Way, Washington 98003. Independent Contractor. It is the intention of the City and of the District that each SRO is a City employee. Confidentiality. Both the School District and the City are governed by laws requiring confidentiality for certain records and information contained therein. Pursuant to RCW 13.50.010(1)(a) the City and the School District are 'juvenile justice and care" agencies which maintain records (hereinafter "juvenile records") as defined in RCW 13.50.01 O(l)(c). Both parties agree that the juvenile records will only be released in accordance with RCW 13.50.050(4). The City will not release copies of reports, investigations, or other documents which are not juvenile records if such records are exempt from disclosure under either the Public Disclosure Act, RCW 42.17.250-42.17.348, or the Criminal Privacy Act, RCW 10.97 et seq. Pursuant to the terms of the Family Educational Rights and Privacy Act, 20 U.S.C. §1232g and regulations promulgated thereunder, City personnel providing security services to the School District may be provided access to student records in the course of their duties and will be expected to maintain the confidentiality of such information except as disclosure is permitted by law. For the purposes of the foregoing statute, the City shall be recognized as an official law enforcement unit of the School District. Entire Agreement. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose. - 8 - 10.5 10.6 10.7 10.8 10.9 10.10 I Modification. No provisipn of this Agreement may be amended or added to except by agreement in writing signed by the Parties or their respective successors in interest. Full Force and Effect. An>, provision of this Agreement which is declared invalid, void or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Assignment. Neither the pty nor the District shall have the right to transfer or assign, in whole or in part, any or al~ of its obligations and rights hereunder without the prior written consent of the other Party.' Attorney Fees. In the event the City or the District defaults on the performance of any terms in this Agreement, and thé1 District or City places the enforcement of the Agreement or any part thereof, or the collection of any monies due, or to become due hereunder, or recovery of possession of any belongings, in the hands of an attorney, or file suit upon the same, each Party shall pay all its own attorney's fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. No Waiver. Failure of either Party to declare any breach or default immediately upon occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default, but either Party shall have the right to declare any such breach or default at any time and take such actions that might be lawful or authorized hereunder either at law or in equity. Failure of the either Party to declare one breach or default does not act as a waiver of either Party's right to declare another breach or default. I Arbitration. Disagreement concerning the interpretation or application of the provisions of this Agreement are subject to arbitration provided that the City Manager, or his or her designee, and the District Superintendent, or his or her-designee, have discussed and attempted to settle the dispute. The Party desiring arbitration shall submit written notice of the intent to arbitrate along with the basis for the dispute. Following receipt ofthe notice to arbitrate, the other Party may request a meeting within fourteen (14) working days in attempt to resolve the matter. If the matter cannot be resolved, the Parties shall first attempt to select an arbitrator. Ifno agreement can be reached on the selection of the arbitrator, the City and the District agree to use the services of the American Arbitration Association for the selection of the arbitrator. Each party shall be responsible for its own costs and fees incurred in preparing for and participating in the arbitration. The arbitrator fees along with any administration fee shall bel borne equally by the City and by the District. The arbitrator shall determine the controversy in accordance with the laws of the State of Washington. The arbitrator's decision shall be binding upon both parties. - 9 - 10.11 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. 10.12 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 at law, in equity or by statute. 10.13 Equal Opportunity to Draft. The parties have participated and had an equal opportunity to participate in the drafting of this Agreement, and the Exhibits, if any, attached. No ambiguity shall be construed against any party upon a claim that party drafted the ambiguous language. . IN WITNESS whereof the Parties have executed this Agreement the day and year set forth below. CITY OF FEDERAL WAY FEDERAL WAY SCHOOL DISTRICT NO. 210 By: Kenneth E. Nyberg Its City Manager By: Its Superintendent 33530 1st Way South Federal Way, W A 98003 31405 18th South Federal Way, W A 98003 Date: Date: APPROVED AS TO FORM: APPROVED AS TO FORM: Landi K. Lindell City Attorney School District Attorney K:\documcl1!\6SCHOOL.scc Item SB !CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE Date: From: September 2, 1999 Ronald T. Wood, Director of Public Safety ~ Subject: Twin Lakes Hom!eowners Association Security Agreement Background: The Twin Lakes Homeowners A~sociation has requested the Federal Way Department of Public Safety to enter into an Interloca~ Agreement for the services of a comprehensive public safety program. This innovative undeliaking will strategically involve the placement ofthree (3) Contract Officers to be assigned within the Twin Lakes interior as a "mini-beat" within the general geographical dispersal structure of the City, placing it as a section within a regular beat. Twin Lakes 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. This relationship will provide a higher police profile and service level in a major residential neighborhood, extending the depflrtment's community-police partnership while providing added coverage at a shared cost. Three P4>lice Officer positions will need to be authorized to extend current staffing to fulfill the contract without reducing current patrol coverage and service levels. The three positions are already approved for Universal Hiring grant funding by the Department of Justice at $25,000 per year per Officer for three years. That, coupled with the contract payment from the Twin Lakes Homeowners Association at $32,000 per Officer per year, will essentially fully fund the direct staffing costs for the contract for the first three years of its existence. Attached is the final draft for an Interloca1 Agreement between the City of Federal Way and the Twin Lakes Homeowners Association for Contract Officers. The intent ofthis Agreement is for the Federal Way Department of Pub~ic Safety to assign three (3) police officers to the Twin Lakes community (as described in Exhibit "A", Scope of Services, Paragraph 8). Committee Recommendation: Motion to approve and accept thelnterlocal Agreement between the City of Federal Way and the Twin Lakes Homeowners Associ¡ltion for the provision of Contract Officers, which includes an increase of an additional three (3);police officer positions. APPROVAL OF COMMITTEE REPORT: Committee Chair Committee Member Committee Member AGREEMENT FOR TWIN LAKES HOMEOWNERS ASSOCIATION This agreement for Police Services (hereinafter referred to as "Agreement") is effective this - day oL , 19_. The parties (hereinafter collectively referred as "Parties") to this Agreement are the City of Federal Way, a Washington municipal corporation (hereinafter referred to as "City"), and Twin Lakes Homeowners Association (hereinafter referred to as "Twin Lakes"), which is the Twin Lakes Neighborhood, Inc. (hereinafter referred to as "Neighborhood"). A. It is in the best interest of the citizens of Federal Way for the City's Police Department to implement a comprehensive public safety program which covers all geographic areas ofthe City and recognizes that increased police presence in a densely populated area of the City, such as the Neighborhood, 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" in the Neighborhood. NOW, THEREFORE, the Parties agree as follows: 1. Services. The City shall provide the police services more specifically described in Exhibit "A," attached hereto, and incorporated by this reference as if set forth in full herein (hereinafter referred to as "Services"). 2. Ienn.. Except as otherwise provided herein, this Agreement shall commence on December 1, 1999, and terminate on November 30,2001 (hereinafter referred to as "Term"). The Agreement shall automatically renew every year, unless otherwise indicated in writing by either of the parties pursuant to Section 3 of the Agreement. 3. Termination. Prior to the expiration ofthe 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. 4. Compensation. In consideration of the City performing the Services, Twin Lakes agrees to pay the City an amount equal to Ninety Six Thousand and nail 00 ($96,000) Dollars, calculated at a rate of Thirty-two Thousand and no/lOO ($32,000) Dollars 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 Twin Lakes for the Services will be made on a monthly basis, the first payment due prior to the inception of the Services. In the event of a reduction in the contract price, the City shaH refund the difference of any prepaid amount to Twin Lakes within fifteen (15) days after wri tten demand. /r, .,. 5. Indemni fication 5.1. Twin lakes Indemnification. Twin Lakes agrees to indemnify and hold the City, its elected bfficials, officers, employees, agents, and volunteers, harmless tram 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 actts, errors or omissions of Twin Lakes, its partners, shareholders, agents, employees, or invitees or by the Twin Lakes' breach of this Agreement, or by defects with the Twin Lakes' facilities. The Twin Lakes 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 Worker's Compensation Acts, disability benefit acts or any other benefits, acts or programs. I 5.2 City TndemnWcation. The City agrees to indemnify and hold Twin Lakes, and their respective dfficers, directors, shareholders, pariners, 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 connect~d with this Agreement to the extent caused by the negligent or intentional acts, errors or omissions of the City, its employees agents while acting under the direction of the City. 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 Contraçtor Status. The City is performing services under this Agreement as an independent contI1actor, and, as such, is responsible, at its sale 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 takes. The City shall maintain general liability insurance in the amount of $1,000,000.00 single limit, and $2,000,000.00 aggregate, which coverage include property liability. Twin Lakes shall be named as additional insureds, and the City shall furnish certificates of insurance to Twin Lakes upon request. 7. Genera] 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 tern1S 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 ofthe essence of this Agreement and each and all of its provisions in which performance is a factor. 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 this 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, W A 98003 Attention: City Manager Twin Lakes Twin Lakes Homeowner's Association 3420 S.W. 320th, Ste. B-3 Federal Way, W A 98023-2209 Attention: Coralee Owsley, President DATED the day and year set forth hereinabove. CITY OF FEDERAL WAY By: KENNETH E. NYBERG, City Manager 33530 1st Way South Federal Way, WA 98003 ATTEST: N. CHRISTINE GREEN, CMC, City Clerk APPROVED AS TO FORM: LaNDI K. LINDELL, City Attomey /) " TWIN LAKES HOMEOWNERS ASSOCIATION, INc. I By: /~ ( :. (, Î.....Á ..::.. ~ 'õ</ (f".: .'.~ r . --L...'. / ¿' '.', ,'. CORALEE OWSLEY, President 3420 S.W. 320th, Ste. B-3 Federal Way, W A 98023-2209 k:\police\twinlk4.agr EXHIBIT "A" SCOPE OF SERVICES 1. The City will provide to Twin Lakes three (3) full time, experienced police officers ("Contract Officers") to provide security for the Twin Lakes Homeowners Association and the Twin Lakes community. 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. Twin Lakes may provide in-line office space or other facilities to increase public access and visibility of the Contract Officers. Twin Lakes 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 Twin Lakes direction and Police Department direction, the Police Department direction shall control. 4. Hours of coverage will be flexible to address the needs of the Twin Lakes community and the operational needs of the Police Department. Each officer assigned to Twin Lakes will work 40 hours per seven (7) day work period. The parties agree to work together to establish the schedules for the Contract Officers. 5. Contract Officers will combine foot patrol and vehicle patrol of the Twin Lakes community to provide security, visibility, and police services. 6. Contract Officers will serve within the Twin Lakes interior as a "mini-beat" 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 Twin Lakes mini-beat is placed, will provide presence and response capabilities consistent with general beat management strategies. Twin Lakes 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. 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 Exhibit "A" - Page 1 > 1 detenniried by the Police Department, other officers will be dispatched as in the resolution of any similar matter throughout the City. Ifthe incident requires extended investigation or follow-up investigation away from Twin Lakes, or prisoner transportation, general assignment officers will relieve thb Contract Officers to allow them to resume their assigned duties. 8. The area of patrol coverage by Contract Officers pursuant to this Agreement shall be the area described in the plats recorded in the King County Auditors Office as Twin Lakes Divisions One, Two, Three, Four, Five, Six, Seven, Eight, Nine, and Ten, including all single family residential structUres therein, Twin Lakes Golf and Country Clubhouse and Pro Shop at 3583 SW 320th Street. This shall include all greenbelt areas and commonly held property owned by Twin Lakes Homeowners' Association, but excluding all apartment houses, condominiums, shopping tenter shops, stores and professional buildings, and duplex at 3200 block of 43rd Place SW, as well as the Parker E. Cook Townhouses at 32004 43rd Place SW. The Twin Lakes Homeowners Association Office, 3420 SW 320th Street, Suite B-3, front and back doors will be checked nightly and on weekends. 9. Contract Officers may be contacted by the resident within the Twin Lakes plats in the following manner: resident may telephone the Federal Way Department of Public Safety at 253-661-4711, the Watch Commander at 661-4710, or 911. When on duty, the officers may be contacted directly by cellular phone number (206) 427-5898. 10. Contract Officers will have available a resident record in each car as supplied by the Association Office. Should there be any unusual condition involving the property of a resident situated in said plats, the resident will be notified if appropriate. 11. Contract Officers shall provide the residents of Twin Lakes plats with the following service as required: A. Physical inspection (check homes of residents on vacation or absent for more than twenty-four hours) a minimum of once every shift. However, re$idents must make sure dispatch or the Contract Officers are notified of departure and return if service is to be rendered. B. Provide telephone stickers, as required and approved by the Association, to include the following infonnation: Police and Fire at 911. Sufficient quantity of stickers for the tenn of the contract will be supplied to the Association as needed. c. Physical inspection of club, pro shop, and maintenance yard of Twin Lakes Golf and Country Club. Exhibit "A" - Page 2 //// D. Should Contract Officers notice a street light out, notify Puget Sound Power and Light (929-1100) of the incident, giving specific location or the pole by the house address and enter in the Officer log. Any road defects are to be reported to the Association Office and duly noted in the vehicle log sheet. E. The Department will provide a summary activity report to the Homeowner's Association on a monthly basis. F. Should Contract Officers notice a garage door open between 10:00 p.m. and 6:00 a.m, they will attempt to notify the resident. 12. In the event Twin Lakes has complaints or concerns regarding the services provided under the Agreement, the duty Watch Commander will be contacted. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first herein above written. TWIN LAKES HOMEOWNERS ASSOCIATION By d ß1 Af~~ ¿f)~Á./ ~ Date: c?- /- 91 FEDERAL WAY DEPARTMENT OF PUBLIC SAFETY By Date: I:\CONTRACnTWINLAK4,A Exhibit "A" - Page 3