AG 24-090 - KING COUNTY HOUSING AUTHORITYRETURN TO: Kyle Sumpter EXT: 6712
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
1. ORIGINATING DEPT./DIV: Police Department
2. ORIGINATING STAFF PERSON: Deputy Chief Kyle Sumpter EXT: 6712 3. DATE REQ. BY:
4. TYPE OF DOCUMENT (CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ)
❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG
❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
❑ ORDINANCE ❑ RESOLUTION
❑ CONTRACTAMENDMENT(AG#): A INTERLOCAL
❑ OTHER
5. PROJECT NAME: Memorandum of Understanding between The City of Federal Way and the King County Housing Authority
6. NAME OF CONTRACTOR: King County Housing Authority
ADDRESS: 600 Andover Park W.Tukwila, WA 98188 TELEPHONE (206) 574 1100
E-MAIL: Ponha t.lm FAX:
SIGNATURENAME: Robin Walls TITLE ExecuVve Director/CEO
7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL
OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES O PRIOR CONTRACT/AMENDMENTS
8. TERM: COMMENCEMENT DATE: upon execution COMPLETION DATE: 3 years, with auto annual renewal after
9. TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(1F CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: ❑ YES ONO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED ®YES ONO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY
RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED
❑ PURCHASING: PLEASE CHARGE TO:
10. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED
❑ PROJECT MANAGER
* DIRECTOR Andy Hwang 3/28/24
❑ RISK MANAGEMENT (IF APPLICABLE)
® LAW JE 4/8/24
11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE:
12. CONTRACT SIGNATURE ROUTING
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE
(Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.)
INITIALI DATE SIG D
SLAW DEPARTMENT
N-WNATORY (MAYOR OR DIRECTOR)
❑ CITY CLERK II ?D
❑ ASSIGNED AG# AG#
COMMENTS:
Fdrl+iil
MEMORANDUM OF UNDERSTANDING
By and Between
THE CITY OF FEDERAL WAY and the
KING COUNTY HOUSING AUTHORITY
(Record & Information Sharing Agreement)
THIS MEMORANDUM OF UNDERSTANDING ("MOU") is entered into by and between the
CITY OF FEDERAL WAY ("City") and the KING COUNTY HOUSING AUTHORITY
("Housing Authority"), collectively referred to as "Parties".
WHEREAS, the City and the Housing Authority share a common interest in the safety of the
residents in properties owned and/or operated by the Housing Authority; and
WHEREAS, the Housing Authority has an interest in receiving information from the City's
Police Department related to activity that threatens the safety and welfare of such
communities; and
WHEREAS, the City's Police Department seeks the assistance of the Housing Authority in
maintaining the peace and safety of the Housing Authority's communities;
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
The King County Housing Authority and the City of Federal Way enter into this record &
information -sharing agreement in a coordinated effort to reduce criminal activity within the
housing developments owned and operated by the Housing Authority.
The City and the Housing Authority agree to the responsibilities outlined below:
1. Responsibilities of the Housing Authority:
a. Provide the City's Police Department with an annually updated listing of the
addresses for all Housing Authority properties located within the City's jurisdiction
("Housing Authority community/communities"). Attached hereto as Attachment A.
b. Establish a point of contact in the Housing Authority's Safety & Security
Department to act as a communication liaison with the City's Police
Department and to notify appropriate Police Department personnel
whenever the established Housing Authority contact is replaced.
c. Establish a system of regular communication between the Parties to relay and share
information about emerging public safety concerns that may threaten to disrupt the
peace and safety of the Housing Authority's communities. That communication may
be in the form of phone calls and/or emails from security activity reports, safety
briefings, meetings, or the Housing Authority's incident report system.
d. When practical or feasible, notify the City's Police Department of criminal activity
or public safety incidents occurring or suspected of occurring within the Housing
Authority properties listed in Attachment A that may threaten the health or safety of
tenants and/or employees of the Housing Authority.
e. Facilitate the City's Police Department access to the Housing Authority's video
management system to view security camera footage for investigative purposes and
crime prevention within its jurisdiction.
f. Use information disclosed by the City's Police Department under this MOU solely to
assess compliance with the Housing Authority's
Admission and Continued Occupancy Policy. The Housing Authority may make a
public records request to the City/its police department for records that are outside
the scope of this MOU.
g. Limit access to the shared information to Property Management leadership and to
those authorized employees who cannot reasonably carry out their responsibilities
without such access and who have been advised and agree to comply with the
provisions of this MOU.
h. Secure all information received pursuant to this MOU in a secured drawer, file,
cabinet, or computer file/database, as applicable.
i. Make no disclosures of information in a form that is identifiable to an individual
without meeting the requirements of the Washington State Public Records Act
(RCW 42.56), Juvenile Justice and Care Act (RCW 13.50), Criminal Records
Privacy Act (RCW 10.97), the Motor Vehicle Act (RCW 46.52) and other applicable
law.
2. Responsibilities of the City's Police Department:
a. Establish a single point of contact within the City's Police Department to act as a
communication liaison with the Housing Authority.
b. Establish a system of regular communications between the Parties to communicate
crime -related and public safety concerns arising from Housing Authority properties
listed in Attachment A. Communication may be in the form of phone calls and/or
emails from the City's Police Department personnel to provide the Housing
Authority's Safety & Security department crime trend reports, threat assessments,
safety briefings, or incident report data.
c. Use such information received from the Housing Authority under the terms of this
MOU solely to assist the Police Department in addressing suspected crime -related
concerns or investigating criminal activity. Any such information provided to the
City by the Housing Authority may be released by the City if required by law, the
Public Records Act or legal process. Nothing herein shall prevent the City from
using information obtained through formal records request of the Housing Authority
or other process separate from this MOU for other purposes.
d. Upon request, provide the Housing Authority with case information if disclosure is
authorized by the State of Washington Public Records Act (RCW 42.56), Juvenile
Justice and Care Act (RCW 13.50), Criminal Records Privacy Act (RCW 10.97), the
Motor Vehicle Act (RCW 46.52), 28 C.F.R. Part 20, Subpart B, or other applicable
law.
e. When practical or feasible, notify the Housing Authority of serious criminal activity
occurring at the Housing Authority properties listed in Attachment A. However, if in
the opinion of the City's Police Department the release of information would
compromise, damage, or jeopardize an ongoing criminal investigation, and there is
no immediate threat to life and safety, the Department maintains the right to
withhold the information. Serious criminal activity means crimes defined in RCW
9.94A.030 as drug offenses, violent offenses, sex offenses, serious violent offenses,
and any other crimes that threaten the health, safety, or right to peaceful enjoyment
of the Public Housing premises of tenants or employees of the Housing Authority.
3. Effective Date. This MOU shall be effective upon the date of execution by both parties
and continue for three years. After three years it automatically renews each year
thereafter until and unless terminated by either party as provided herein.
4. Termination. This MOU may be terminated by either side without cause at any time by
mutual agreement or by either party thirty (30) days following the other party's receipt
of a written intent to terminate. In the event of a change in information -sharing laws,
access to information will be terminated immediately or altered to conform with the law
revision(s). Each party shall have the right to cancel and immediately terminate the
MOU without prior notice upon breach of the MOU by the other party.
5. Indemnification.
a. Except for the indemnity and hold harmless provisions in this MOU, the City shall not
be liable for any demand or claim, regardless of form of action or venue thereof, for
any damages resulting from any claim of breach of this MOU, or from the Housing
Authority's use of any information, data, or other materials provided under this MOU.
b. The Parties agree to mutually indemnify and hold harmless each entity's officers,
employees, officials, and agents from any and all loss, damages, injury, liability
suits, and proceedings however caused, arising directly or indirectly out of any
action or conduct in the exercise or enjoyment of this MOU, or relating in any
manner to any use made of the information obtained under this MOU. Such
indemnification shall include all costs of defending any such suit, including attorney
fees.
Insurance.
a. The Housing Authority will, at its sole expense, procure and maintain for the duration of
this MOU and 30 days thereafter insurance against claims for injuries to persons or
damage to property which may arise from or in connection with the performance of this
MOU by the Housing Authority, its agents, representatives, or employees.
b. The Housing Authority's maintenance of insurance as required by the MOU will not be
construed to limit the liability of the Housing Authority to the coverage provided by such
insurance, or otherwise limit the City's recourse to any remedy available at law or in
equity.
c. The Housing Authority will obtain insurance of the types described below:
Commercial General Liability insurance will be at least as broad as ISO
occurrence form CG 00 01 and will cover liability arising from premises,
operations, stop -gap independent contractors, products -completed operations,
personal injury and advertising injury, and liability assumed under an insured
contract. The City will be named as an additional insured under the Housing
Authority's Commercial General Liability insurance policy with respect to the
work performed for the City using an additional insured endorsement at least as
broad as ISO Additional Insured endorsement CG 20 26. Commercial General
Liability insurance will be written with limits no less than $2,000,000 each
occurrence, $2,000,000 general aggregate.
ii. Worker's Compensation coverage as required by the Industrial Insurance laws
of the State of Washington.
d. For Commercial General Liability insurance, the policies are to contain, or be endorsed
to contain that the Housing Authority's insurance coverage will be primary insurance as
respects the City. Any insurance, self-insurance, or self-insurance pool coverage
maintained by the City will be excess of the Housing Authority's insurance and will not
contribute with it.
e. Insurance is to be placed with an authorized insurer in Washington State. The insurer
must have a current A.M. Best rating of not less than A: VII.
f. The Housing Authority will furnish the City with original certificates of insurance and a
copy of the amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of this MOU
before commencement of the work.
g. The City reserves the right to require that complete, certified copies of all required
insurance policies be submitted to the City at any time.
h. If the Housing Authority maintains higher insurance limits than the minimums shown
above, the City will be insured for the full available limits of Commercial General and
Excess or Umbrella liability maintained by the Housing Authority, irrespective of
whether such limits maintained by the Housing Authority are greater than those required
by this MOU or whether any certificate of insurance furnished to the City evidences
limits of liability lower than those maintained by the Housing Authority.
i. The Housing Authority will provide the City with written notice of any policy
cancellation within two business days of their receipt of such notice. Failure by the
Housing Authority to maintain the insurance as required will constitute a material breach
of this MOU, upon which the City may, after giving five (5) business days' notice to the
Housing Authority to correct the breach, immediately terminate the MOU or, at its
discretion, procure or renew such insurance and pay any and all premiums in connection
therewith, with any sums so expended to be repaid to the City on demand.
IN WITNESS WHEREOF, effective last date of signature below.
CITY OF FEDERAL WAY KING COUNTY HOUSING AUTHORITY
?Ile rrell, Mayor Robin Walls, Executive Director/CEO
as a
D e:
Approved as to Form:
61b-
ttest ((C4tty�Atto%mey)
it o2-
❑a e:
Attachment A
KCHA Federal Way Property List
Argyle Apartments
2517 South 316th Lane
Federal Way, WA 98003
Laurelwood
29505 2 1 " Ave. S.
Federal Way, WA 98003
Campus Green
511 S. 325" St.
Federal Way, WA 98003
Federal Way Duplexes
29211-29221 18" Ave. S
Federal Way, WA 98003
Southridge House
30838 14th Ave. S.
Federal Way, WA 98003
Cove East
33030 1 st Ave. S.
Federal Way, WA 98003
Riverstone
27314 24th Ave S.
Federal Way, WA 98003
Evergreen Court
33014 19th Lane S.
Federal Way, WA 98003
King's Court
S. 333rd St. and 22❑d Lane S.
Federal Way, WA 98003