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.
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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.
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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
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~
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.
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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.
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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
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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.
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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