PRPSC PKT 02-13-2007
City of Federal Way
CITY COUNCIL
PARKS, RECREATION, AND PUBLIC SAFETY COMMITTEE
Tuesday, February 13,2007
6:00 p.m.
City Hall
Hylebos Conference Room
1.
2.
3.
4.
5.
CALL TO ORDER
PUBLIC FORUM
COMMISSION COMMENTS
APPROVAL OF JANUARY 9, 2007 SUMMARY
COMMITTEE BUSINESS
A. Community Center Update
B. 2006 Index Crime Comparisons
C. ILA Valley Special Response Team Operational Agreement
D. Temporary Occupancy License Agreement - The Commons at
Federal Way
E. Red Light Photo Enforcement Pilot Program
Action
Wilson
Information
Information
Action
Action
Faber
Wilson
Wilson
Wilson
6.. PENDING ITEMS
.
7. NEXT MEETING - March 13, 2007 6:00pm - Hylebos Conference Room
8. ADJOURNMENT
2006 Committee Members:
Council Member Jeanne Burbidge, Chair
Deputy Mayor Jim Ferrell
Council Member Linda Kochmar
Staff:
Donna Hanson, Director
Mary,Jaenicke, Administrative Assistant II
253-835-6901
City of Federal Way
City Council
PARKS, RECREATION, & PUBLIC SAFETY COUNCIL COMMITTEE
Tuesday January 09, 2007
6:00 p.m.
SUMMARY
In attendance: Council Committee members Chair Jeanne Burbidge, Deputy Mayor Jim Ferrell, Council member
Linda Kochmar; Jenni Snell, City Attorney, Brian Wilson, Director Public Safety, Donna Hanson, Director PRCS,
Steve Ikerd, Parks & Facilities Manager, Mary Faber, PRCS Superintendent, Doug Nelson, Community Center
Supervisor, Mary Jaenicke, Administrative Assistant.
. Guests: H. David Kaplan, Phil Dalrymple, Scot Henderson
Chair Burbidge called the meeting to order at 6: Up.m.
PUBLIC COMMENT
Phil Da\rymple and Scot Henderson are the Co-Directors of Federal Way National Little League. Mr. Dalrymple
stated that they are in the process of putting together a template for filing for grants. There are several grants that
they are pursuing. They stated that their immediate problem is finishing the field house. They are also pursuing
lights for the field and bleachers. They are asking the City for any help that they can get. They are prioritizing their
needs based on what they feel will bring the most income back to the organization. The organization currently serves
approximately 500 families, but they have served 1,000 families in the past. They feel they can reach 1,500 families.
They have a budget of$80,000.00.
H. David Kaplan distributed an e-mail that was sent to the committee regarding the banners and what they are
proposing for an explanatory plaque that would go in the hallway under the banners at the new Federal Way
Community Center. He is looking for a response from the committee. He will come back to committee with a mock-
up of the plaque. The plaque will explain the banners, and have pictures of the original 5 banners. Mr. Kaplan
offered to donate the plaque.
COMMISSION COMMENT
None
APPROVAL OF SUMMARY
Council members Ferrell and Kochmar moved to accept the November meeting minutes as written. Motion
passed.
BUSINESS ITEMS
City Hall HV AC Modifications
Mr. Ikerd reported that approximately one year ago he began seeing bills that were significant for the City Hall
Building. Staff began looking at different aspects of the building that would be causing the large bills. They were
able to narrow it down to the HV AC system. They discovered that there are two zones down on the first floor in the
Police Department. . Those zones required that they run the two big main units seven days a week 24 hours a day to
keep those rooms conditioned. Staff has worked with engineers to solve this problem. The proposed modifications
would provide a new heat source and air conditioning to the affected areas. The modifications will allow those areas
to be turned off on evenings and weekends. Emerald Aire provided the most responsive bid for this phase of the
work in the amount of$79,175.00. Mr. Ikerd also stated that he has been working with Puget Sound Energy to look
for grants. PSE is willing to work with the City and have indicated that this project will qualify for a rebate of
potentially 40%-50%. Mr. Ikerd also stated that two additional phases will be required to complete the project.
Deputy Mayor Ferrell moved the approval of accepting the bid for City Hall HV AC modifications in the
amount of $79,175.00 and authorize the City Manager to execute a contract for services. Council member
Kochmar seconded. Motion passed.
PARKS, RECREATION, & PUBLIC SAFETY COUNCIL COMMITTEE
Tuesday January 9, 2007 Summary
Page 2
Arts Commission 2007 Contract for Services
Council member Burbidge recused herself from voting. Ms. Faber presented the Arts Commissions
recommendations for the 2007 contract for services. Council member Kochmar moved the approval of the Arts
Commission 2007 Contracts for Services funding and request staff to forward this item to full City Council on
February 6, 2007 for consideration. Deputy Mayor Ferrell seconded. Motion passed.
Arts Commission 2007 Work Plan
Ms. Faber stated that this Work Plan was adopted by the Arts Commission at a special meeting in December. A new
program on the 2007 work pian is a writing conference. Council member Kochmar moved to approve the
proposed Arts Commission 2007 Work Plan and request staff to forward to full City Council on February 6,
2007 for consideration. Deputy Mayor Ferrell seconded. Motion passed.
Marketine of the Community Center/Grand Openine:.
Ms. Faber shared some of the actual marketing items that have been distributed out into the community. They have
distributed S,OOO rack cards throughout the community. Mr. Nelson has distributed over 4,000 rack cards to SO
different locations that are within approximately a 3 mile radius of the Community Center. Pass sales began on
December IS. and inquiries on pass sales are starting to increase. Mr. Nelson believes that the sales will really
increase when staff is able to occupy the building and offer tours. Ms. Faber stated that the front cover of the spring
brochure will advertise the new community center. This brochure is distributed to over 44,000 households in Federal
Way. They also have an ad on Channel 21, and they have produced a video of the community center that will also
play on channel 21 and the website. They have re-designed the web page, and also have hung banners in city
buildings and at the project site. They will also be mailing out a postcard to current customers. Council member
Kochmar asked if there would be any time available for the Senior Citizens to use the facility for free. Ms. Faber
answered no, at this time they would need to buy a pass. Ms. Faber explained that if staff started to give things away
without a pass, it would affect the business plan. Ms. Faber also stated that they have had a good response from the
Seniors; if they spend a few more dollars, they will get a lot more amenities. Ms. Kochmar also asked if there would
be a time when families could use the facility for free. Ms. Faber answered that they are looking into some type of
program that would bring people into the facility, but that it would probably not be monthly. If the facility is made
too available, then people would not buy passes. Ms. Faber stated that it is tough to balance the use of the facility
with the business plan. Ms. Hanson reiterated that Council and staff are going to be asked for use of the building,
free meeting space etc. She asked Council to please keep in mind that staff has been tasked with operating a
business with a limited subsidy and staff will always be put in a difficult situation to want to honor public service and
to honor the commitment to the business plan and living within our means. Ms. Hanson stated that we are going to
stick to the business plan that Council approved. Staff will continue to monitor the expenses and revenues to see if
changes need to be made.
The projected grand opening is scheduled for mid-March. Some of the activities planned are: VIP breakfast in the
multi-purpose room, tours of the facility, music, and athletic demonstrations. There will also be designated times
when the community can use the facility for free on Saturday and Sunday. The breakfast will take place at 9:00am
and the official opening of the building will occur at 10:30am.
PENDING ITEMS - None
NEXT MEETING - February 13, 2007 6:00 p.m. in the Hylebos Conference Room
ADJOURNMENT - Meeting adjourned at 7:18p.m.
S.6
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE:
TO:
VIA:
February 13,2007
Parks, Recreation, and Public Safety Council Committee
Neal Beets, City Manager
I
Brian Wilson, Chief of pOlice"",::~.),'._Li.l~J I
.. 1 v I )\JJ J
FROM:
SUBJECT: 2006 Index Crimes Comparisons
"::1'
[nformational Only
Index crimes include the crimes of homicide, rape, robbery, felony assault, burglary, larceny /
theft, auto theft, and arson.
Preliminary numbers for Federal Way index crimes for 2006 indicate an overall reduction of
14.78% over 2005 numbers.
While increases and decreases in index crimes are due to a variety of factors, we are encouraged
by this positive trend.
B-\
400
300
200
100
7000
6500
6000
5500
5000
Total Part 1
2004 5437
2005 6500
2006 5539
Inc/Dec
Violent Crime
280
316
331
I nc/Dec
19.60%
-14.78%
12.86%
4.75%
Comparison Total Par1: 2004,2005,2006
7000
. ~ .'
6500
6000
5500
5000
2004
2005
2006
Comparison Violent Crime: 2004, 2005, 2006
500
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Property Crime Comparison: 2004,2005,2006
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Property Crime
5157
6184
5539
Inc/Dec
.19.91%
-15.78%
I~Total Part 1 I
,.
I~Violent Crime I
I ~ Property Crime I
..'........, ",., ,.. ., , 1,,'5 "-- .... ~1F:e.l6nyc; I{'~: " - " .jt:~.r.~e~yf1 ,. '.Aut~) ,'.:'f.... '.\..' "H ,.
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~ , 91. ...dt ''C: ", ". ~ . . ~ k.
M91ltb .~m~~1 " 'Rape; ltQl>~~m' , ASs3ult JJ4rght1W T:b~ft Tbt}ft (Arson Total
, . - -
Jan-OS 1 2 I 7 I 1 65 275 146 3 520
Jan-06 0 4 7 7 55 300 I 1 8 1 492
+/- - 100.0% 100.0% -58.8% -36.4% - 1 5.4% 9. 1% -19.2% -66.7% -5.4%
. Feb-OS 1 4 12 5 43 287 105 0 457
Feb-06 1 3 11 7 47 294 72 3 438
+/- 0.0% -25.0% -8.3% 40.0% 9.3% 2.4% - 3 1.4% *N/C -4.2%
Mar-OS 1
Mar-06 0
+/- -100.0%
tlSt~Qt..>; r .. " ,v J., ,.
;'Z005, , ,$:
'1st~n.lr, .i'
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2006. .. .' ..1
+/- -66.7%
5 13 6 60 307
4 10 8 43 266
-20.0% -23.1 % 33.3% -28.3% -13.4%
f..
.,
, '1",68 :.:,': <SP9, .,
/"'- '~'., ~ 0"
, ,
'11 - 145 ,.l.' '860
-
0.0% 0.0% -13.7% -1.0%
93 1 486
61 3 395
-34.4% 200.0% -18,7%
1463, .'
"
'2S1 '. 132S,
-27.0% -9.4%
. . .
.J:. :
t'M~ntb.
Apr-OS
Apr-06
+/-
':..... r ."' ~]E~16..Y'~' .::~ "."'~. ;Jf~~~ceiiyr".'Jiito, >~
R~pe': Jlobi)~~ .Assaldt BJJrgl~,." 'f-heft .' j, Theft. ~ -Arson.
I 18 11 71 292 126 3
12 11 7 60 221 60 3
1100.0% -38.9% -36.4% -15.5% -24.3% -52.4% 0.0%
.:: Total
522
374
-28.4%
May-OS I 4 6 7 68 319 119 4 528
May-06 0 8 6 13 68 266 70 2 433
+/- -100.0% 100.0% 0.0% 85.7% 0.0% -16.6% -41.2% -50.0% -18.0%
Jun-OS I 5 10 7 69 291 105 1 489
Jun-06 0 9 10 7 71 263 93 3 456
+/- -100.0% 80,0% 0.0% 0.0% 2.9% -9,6% -1 1.4% 200.0% -6,7%
:~ij(f~,t~ :,;0. ~ 'tl.' .- ::;.,... .;: Oo-_U'.. ;:~,v:';' :'> ;.,,,..~.. y.. , ; . ~'" '.; '......' " r..' , .' ~ .'. .'~~
. '1',' '. fj' . .,!.
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.. 10. '... .3A ; . ~:S: \,"'. 26.8 902 350, - 8 1539
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:ii.:2006' , O. , ~ 29. 27 27 199 " :. 750 <.. 22,3. 8 1,263
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+/- -100.0% 190.0% -20.6% 8.0% -4.3% -16.9% -36.3% 0.0% -17.9%
*N/C = Not Calculable
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r'"~:'t: iw~c:O:~' ~-:a~" .~~: '1-t.~ ~ '..""-."- '. I:l'~ -...~.~; FEelony~ ',', ~E' " -" I > : ':Aut~'.. '>.,.~. . I ,. .,~
, . . }'" 'a'ne~ny .
': Month'. Qp~i~i4('; .~P.~ 1ll.Q'l>bery., : As~a..lt )lq,..gJ~ry '. 'Uheft , Theft Ar:son Total
~
Jul-OS 0 8 13 12 67 33 I 178 6 615
Jul-06 0 3 12 15 66 308 1 18 0 522
+/- *N/C -62.5% -7.7% 25.0% -1 .5% -6.9% - 33.7% -100.0% -15.1%
Aug-OS I 4 9 11 79 383 146 2 635
Aug-06 0 5 15 14 71 317 104 3 529
+/- -100.0% 25.0% 66.7% 27.3% -10.1% -17.2% -28.8% 50.0% -16.7%
Sep-OS 0 6 7 4 55 324 1 17 3 516
Sep-06 0 4 20 15 60 266 135 3 503
+/- *N/C -33.3% 185.7% 275,0% 9,1% -17.9% 15,4% 0.0% -2.5%
'3.~a~tr' ..~. ~,;<~/"'. ., ~: .- .,,'~ '. ".,'''"'; . ,,'; ,''!" ".'," - - , ,.. , ,- .
, .' " (.
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/'20:0$, ' "f- 18 2.~) , 2'1. -'~: "201 '1038 44f " 11 1166
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t. , : .. .'
i3,i?d!~tr ;:~~ '- ....'....... .. .. ,'J ~.,'" ., ... . .. .. ., '\ .'.:.~~. ... . "4
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,2006 . \0., ~ 12: l 4:7 44 1~97 .,89.1 '3S7 .6 1554
.,
, '..--.', ,. ,
+/- -100.0% -33.3% 62.1% 63.0% -2.0% -14.2% -19.0% -45.5% -12.0%
~~; ~:~,L ~....,-- ~ ',f, ,"" .,. .# ~,~ .. ".i,,'_ i; Felony .. '1\- .- :"flJiareenY6 'Auto .,,-,'."-' .. -'."
, M.ont"., r-lQmt~i~c; Rape: .'iR9bber-y " A~sauJt QJi'llgla'rw. Tbeft, : 'Jlb~ft . Arson "11otal
. w.
Oct-OS 0 4 22 9 77 317 158 0 587
Oet-06 0 7 19 9 66 243 123 3 470
+/- *N/C 75.0% -13.6% 0.0% -14.3% -23.3% -22.2% *N/C -19.9%
Nov-OS 0 9 15 10 80 344 135 0 593
Nov-06 0 0 9 12 70 226 125 0 442
+/- *N/C -100.0% -40.0% 20.0% -12.5% -34.3% - 7.4% *N/C -25.5%
Dee-OS 1 3 11 8 66 316 145 2 552
Dee-06 0 5 16 6 76 260 120 2 485
+/- -100.0% 66.7% 45.5% -25.0% 15.2% -17.7% -17.2% 0.0% -12.1%
;4:fh~;'(r. 2/1' ~.< .~ "",..,."t; ~~.; " I'; ,'L ., -~ ~-,- 'f --. ...",.. . . . 'C: ,. "' ., ,;., ....~,.:'.,,;. .. r '
t,-j .
I( 200S .. < ) 2.23 I
1 16, 48. 21 977 "J: 438 2 ~ t732
~'4tlf,'Qtl;;\ .. .- l - ,~,. -~ '.,. .' -~ .- 'c- - ., < . :-,>....: ... ".#. ~ <
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to.::.- .,
;' ,2006 '. 4) ~ 1,2 44 27 . 212 729 .368._ 5 1397
"'
+/- -100.0% -25.0% -8.3% 0.0% -4.9% -25.4% -16.0% 150.0% -19.3%
*N/C = Not Calculable (cannot divide by 0)
_ Homicide Rape Robbery
2005 7 55 153
2006 1 64 146
-85.71% 16.36% -4.58%
Fel Asslt
101
120
18.81%
Burglary
800
753
-5.88%
Theft Auto Theft
3786 1573
3230 1199
-14.69% -23.78%
Arson
25
26
4.00%
Totals
. 6500
5539
-14.78%
Violent Property
2005 316 6184
2006 331 5208
4.75% -15.78%
G-~\
CS.L
COUNCIL MEETING DATE: February 20, 2007
ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Interlocal Cooperative Agreement Valley Special Response Team Operational Agreement
POLlCY QUESTlON: Should the City of Federal Way / Federal Way Police Department remain a member of the
multi-jurisdictional Valley Special Response Team (Valley SRT)?
COMMlTTEE: Parks, Recreation, and Public Safety Council Committee
MEETlNG DATE: February 13,
2007
CATEGORY:
~ Consent
o City Council Business
STAFF REPORT By: Connie E.
o Ordinance
o Resolution
o
o
Public Hearing
Other
Traffic Lieutenant
DEPT: Police Department
Attachments:
1. PRPS Memo
2. Interlocal Cooperative Agreement Valley Special Response Team Operational Agreement
Options Considered:
I. Accept SRT Operational Agreement
2. Reject Agreement
STAFF RECOMMENDATlON: Staff recommends Option 1.
Council
Council
DIRECTOR ApPROVAL: 'piJ.h~JoJ~
Committee
CITY MANAGER ApPROVAL:
COMMITTEE RECOMMENDA TlON: PRPS recommends Option _
Committee Chair
Committee Member
Committee Member
PROPOSED COUNCIL MOTlON: "I move approval of the Interlocal Cooperative Agreement Valley Special
Response Team Operational Agreement..n
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDIDEFERRED/NO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/0612006
COUNCIL BILL #
I ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
G-\
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE:
TO:
VIA:
February 13, 2007
Parks, Recreation, and Public Safety Council Committee
Neal Beets, City Manager
Brian Wilson, Chief of Police
FROM:
SUBJECT: Interlocal Cooperative Agreement Valley Special Response Team Operational
Agreement.
Back2round
The Federal Way Police Department joined the Valley Special Response Team (Valley SRT) in
2001. King County and other municipalities within the Puget Sound area make up the multi-
jurisdictional team know as the Valley SRT.
King County and the Puget Sound area have experienced increasingly violent criminal
confrontations due to increased gang activity, increased drug abuse, increased urbanization, and
increased population densities. The Valley SRT is called in on high risk confrontations. They
have the ability to safely control, contain, and resolve criminal confrontations.
The results shown by Valley SRT involvement are the improved high risk services; increased
safety for officers and the community; and the improved cost effectiveness.
1
07-
INTERLOCAL COOPERATIVE AGREEMENT
VALLEY SPECIAL RESPONSE TEAM
OPERATIONAL AGREEMENT
I. PARTIES
The parties to this agreement are the Port of Seattle and the
Municipalities of Auburn, Des Moines, Federal Way, Kent, Renton, and
Tukwila, each of which is a municipal corporation operating under the
laws of the State of Washington.
II. AUTHORITY
This agreement is entered into pursuant to Revised Code of Washington
Chapters 10.93, 39.34, and Title 53.
III. PURPOSE
. The parties hereto desire to establish and maintain a multi-jurisdictional
Valley Special Response Team (Valley SRT).
IV. FORMATION
There is hereby established a multi-jurisdictional team to be hereafter
known as the "Valley Special Response Team," the members of which
shall be the Port of Seattle, and the Cities of Auburn, Des Moines, Federal
Way, Kent, Renton and Tukwila. As special needs arise, it may be
necessary to request from other law enforcement agencies assistance
and/or personnel, at the discretion of the Incident Commander and/or
Valley SRT Tactical Comm'ander.
V. STATEMENT OF PROBLEM
King County and the municipalities within the Puget Sound area have
experienced increasingly violent criminal confrontations due to increased
gang activity, increased drug abuse, increased urbanization, and
increased population densities. The ability to safely control, contain, and
resolve criminal confrontations such as civil disobedience, barricaded
subjects, hostage situations, gang member arrests, high risk felony
0-.3
WCIA Final Version 03-16-2006
Operational Agreement
arrests, and narcotic/high risk search warrants has stretched the
resources of the members individual Police Department specialty teams.
Law enforcement efforts directed at dealing with these violent
confrontations have for the most part been conducted by law enforcement
agencies working independently. A multi-jurisdictional effort to handle
specific serious criminal confrontations as well as Weapons of Mass
Destruction (WMD) will result in more effective pooling of personnel,
improved utilization of municipal funds, reduced duplication of equipment,
improved training, development of specialized expertise, and increased
utilization/application of a combined special response team. The results
will be improved services for all the participating municipalities, increased
safety for officers and the community, and improved cost effectiveness.
VI. DURATION
The minimum term of this agreement shall be one year upon adoption.
This agreement shall automatically be extended for consecutive one-year
periods unless one or more of the participating municipalities gives notice
of intent to terminate participation in the team pursuant to this agreement.
Any such notice of termination shall be in writing and served on the other
executive board members. Once a member agency serves notice of
termination it will become effective in 90 days.
VII. GOVERNANCE
The affairs of the team shall be governed by an Executive Board,
composed of the Police Chief, or his/her designee, from each participating
municipality. The Board meets monthly. Each member of the Executive
Board shall have an equal vote and voice on all board decisions. Unless
otherwise provided, Roberts Revised Rules of Order shall govern all
procedural matters relating to the business of the Executive Board. A
presiding officer shall be elected by its members, together with such other
officers as a majority of the Board may determine. The presiding officer,
or any board member, may call extra sessions as necessary. When the
Board votes on any matters, a simple majority of those present shall be
required for passage. A quorum of four (4) must be present at each
meeting for any actions to be valid.
WCIA Final Version 03-16-2006
L- L-\
Operational Agreement
In emergency situations, the presiding officer may conduct a telephone or
e-mail poll of Board members to resolve any issues.
VIII. TEAM OBJECTIVES
The individual specialty units from each partidpating municipality will
consolidate into one combined special response team, hereafter known
as "Valley SRT", servicing each participating municipality. The Valley
Special Response Team shall also be available to outside law
enforcement agencies as outlined under mutual aid.
The objective of the Valley Special Response Team shall be to provide
enhanced use of personnel, equipment, budgeted funds, and training.
The combined Team shall respond as requested by any of the
participating municipalities and provide a coordinated effective resolution
to high-risk incidents.
IX. STAFF
Each municipality shall contribute one administrative officer of the rank of
Lieutenant, Commander or Captain to serve as a Commander. A Valley
SRT Tactical Commander, of the rank of Lieutenant, Commander or
Captain shall be appointed annually by the Executive Board. The SRT
Tactical Commander shall act as principal liaison and facilitator between
the Executive Board and the members of the Team. The SRT Tactical
Commander shall operate under the direction of the presiding officer of
the Executive Board. The SRT Tactical Commander shall be responsible
for informing the Board on all matters relating to the function,
expenditures, accomplishments and problems of the Team.
The SRT Tactical Commander shall prepare monthly written reports to the
Board on the actions, progress and finances of the Team. In addition, the
SRT Tactical Commander shall be responsible for presenting rules,
procedures, regulations and revisions thereto for Executive Board
approval.
Each municipality shall contribute no more then six full-time
commissioned officers to include at least one Sergeant, to be assigned to
the Team. Board approval must be obtained for the municipality to assign
C~5
WCIA Final Version 03-16-2006
Operational Agreement
less than this staffing requirement. The personnel assigned to the Team
shall be considered an employee of the contributing municipality. That
municipality shall be solely and exclusively responsible for the
compensation and benefits for that employee. All rights, duties, and
obligations of the employer and the employee shall remain with that
individual municipality. Each municipality shall be responsible for
ensuring compliance with all applicable laws with regard to employees
and with provisions of any applicable collective bargaining agreements
and civil service rules and regulations.
X. EQUIPMENT
Each participating municipality shall acquire and maintain the equipment
of its participating team members. Each participating municipality shall
budget funds to cover equipment, training, and expendable supplies for its
participating team members.
Each participating municipality shall budget sufficient funds to maintain
equivalent equipment standards, and training standards with those of the
other participating cities.
The Executive Board must approve any joint capital expenditure for Team
equipment.
XI. COMMAND AND CONTROL
During field activation of the Team, the Incident Commander, SRT
Tactical Commander, and Team Leader(s) will be designated.
The Incident Commander shall be from the jurisdiction in which the
incident is occurring. The Incident commander should be a command
level Officer. The Incident Commander retains full authority and control
throughout the incident. The Incident Commander shall make decisions
as to the resolution of the incident.
The SRT Tactical Commander shall act as a liaison between the Incident
Commander and the Valley Special Response Team. The SRT Tactical
Commander shall consult with the Incident Commander and discuss
tactical options. The SRT Tactical Commander shall be responsible for
keeping the Incident Commander informed of Valley Special Response
WCIA Final Version 03-16-2006
C-G;
Operational Agreement
Team activities. The SRT Tactical Commander shall consult the Incident
Commander with options to accomplish the mission of the Incident
Commander. The SRT Tactical Commander shall relay the mission of the
Incident Commander to support SRT Commanders and Team Leader (s)
to assure that the mission is carried out as intended.
The Team Leader(s)in consultation with the SRT Tactical Commander
shall formulate tactical plans to react to the incident. The Team Leader(s)
shall be responsible for completing the assigned mission as determined
by the SRT Tactical Commander and Incident Commander. The Team
Leader(s) shall direct and control the actions of the team members.
The Valley Special Response Team will not attempt any tactical operation
that in the judgement of the SRT Tactical Commander would
unreasonably endanger the safety of the Officers assigned to the Valley
Special Response Team, or for which the Team is not properly trained
. and/or equipped.
XII. FINANCIAL REQUIREMENTS
This agreement is being entered into to establish a Combined Regional
Valley Special Response Team.
CONTRIBUTION
Each participating municipality shall budget sufficient funds to update,
replace, repair, and maintain the equipment and supplies utilized by its
participating team members. Each participating municipality shall budget
sufficient funds to provide for training of its participating team members.
Each member municipality shall maintain an independent budget system
to account for funds allocated and expended by its participating team
members.
XIII. TERMINATION
Termination shall be in accordance with those procedures set forth in prior
sections. Each participating municipality shall retain sole ownership of
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equipment purchased and provided to its participating team members.
Any acquired Team assets shall be equally divided among the
participating municipalities at the asset's fair market value upon
termination. The value of the assets of the Team shall be determined by
using commonly accepted methods of valuation. If two or more
participating municipalities desire an asset the final decision shall be
made by arbitration (described below). Any property not claimed shall be
declared surplus by the Executive Board and disposed of pursuant to
State law for the disposition of surplus property.
The proceeds from the sale or disposition of any Team property, after
payment of any and all costs of sale or debts of the agency, shall be
equally distributed to those municipalities participating in the Team at the
time of dissolution in proportion to the municipality's percentage
participation in the Team as of the date of dissolution.
XIV. COMPLIANCE WITH THE LAW
The Valley Special Response Team and all its members shall comply with
all Federal, State and local laws affecting the Team.
XV. ALTERATIONS
This agreement may be modified, amended or altered by agreement of all
participating municipalities and such alteration, amendment or
modification shall be effective when reduced to writing and executed in a
manner provided for by this agreement.
XVI. RECORDS
Each Municipality shall maintain training records related to the team for a
minimum of seven years. A copy of these records will be forwarded and
maintained with the designated SRT Training Coordinator. All records
shall be available for full inspection and copying by each participating
agency.
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XVII. FILING
Upon execution hereof, this agreement shall be filed with the City Clerks
of the respective partiCipating municipalities, the Director of Records and
Elections of King County, the Secretary of State, and such other
governmental agencies as may be required by law.
XVIII. SEVERABILITY
If any part, paragraph, section or provision of this agreement is held to be
invalid By any court of competent jurisdiction in the State of Washington,
such adjudication shall not affect the validity of any remaining section,
part or provision of this agreement.
XIX. MUNICIPAL AUTHORIZATIONS
This agreement shall be executed on behalf of each participating
municipality by its duly authorized representative and pursuant to an
appropriate resolution or ordinance of each participating municipality.
This agreement shall be deemed adopted when the date of execution by
the last so authorized representative. This agreement may be executed
by counterparts and be valid as if each authorized representative had
signed the original document.
xx. HOLD HARMLESS
Each municipal entity whose police chief or designee requests assistance
of the Valley Special Response Team agrees to hold harmless and
indemnify the other participating municipal entities and their officers,
officials and employees from any loss, claim or liability arising from or out
of the negligent or tortious actions or inactions of the Special Response
Team and its members and supervisors.
XXI. DEFENSE OF LAWSUITS
Each municipal entity shall be responsible for selecting and retaining legal
counsel for itself and for any employee of said municipal entity who is
named in a lawsuit alleging liability arising out of Special Response Team
operations. Each municipal entity that retains counsel for itself and/or its
employees shall be responsible for paying the attorney's fees incurred by
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that counsel. The municipal entities shall not share costs of defense
attorneys among each other'unless they specifically agree in writing to the
contrary in any particular legal action.
XXII. NOTICE OF CLAIMS, LAWSUITS AND SETTLEMENTS
In the event that a lawsuit is brought against a member or its employees
for actions arising out of their conduct in support of Special Response
Team operations, the member shall promptly notify the other municipal
entities that said claim or lawsuit has been initiated.
XXIII. SETTLEMENT PROCEDURE
Any municipal entity or member who believes that another municipal
entity would be liable for a claim, settlement or judgement which arises
from a Special Response Team action or operation shall have the burden
of notifying each other participating municipal entity of all settlements,
demands made to that municipal entity and any claims and/or lawsuits
naming that municipal entity and/or its employees for what may be liability
arising out of a Special Response Team operation. Said member
municipal entity shall be obligated to make a prompt and timely notice and
tender of defense to any municipal entity which is believed to be liable to
any other municipal agency for Special Response Team liability.
The municipal entities shall be free to seek a separate settlement with the
claimant and/or plaintiff which would eliminate the liability of that municipal
entity and/or its employees. However, any such separate settlement
would not eliminate the released municipal entity's obligation to indemnify
the other member municipal entities and/or their employees if they are
found to be liable in any court judgement from a lawsuit which arose from
a Special Response Team operation requested by the police chief or
designee of the municipal entity which has been released in a separate
settlement. Any municipal entity making a separate settlement would
have no right to seek any reimbursement or contribution for any portion of
a settlement which said municipal entity has reached separately with the
claimant and/or plaintiff.
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XXIV COOPERATION IN DEFENSE OF LAWSUITS
The municipal entities and their respective defense counsel shall, to the
extent reasonably possible and consistent with the best interests of their
respective clients, cooperate in the defense of any lawsuit arising out of
the operations of the Special Response Team and shall agree, wherever
possible, to share non-attorney fee related costs such as record
gathering, preparation of trial exhibits, the retention and payment of expert
witnesses, and the cost of deposition reporting and transcription.
XXV NOTHING HEREIN SHALL REQUIRE OR BE INTERPETED TO:
Waive any defense arising out of RCW Title 51.
Limit or restrict the ability of any municipal entity or employee or legal
counsel for any municipal entity or employee to exercise any right,
defense or remedy which a party to a lawsuit may have with respect to
claims of third parties, including, but not limited to, any good faith attempts
to seek dismissal of legal claims against a party by any proper means
allowed under the civil rules in either state or federal court.
Cover or require indemnification or payment of any judgement against any
individual or municipal entity for intentionally wrongful conduct outside the
scope of employment of any individual or for any judgement for punitive
damages against any individual or municipal entity. Payment of punitive
damage awards shall be the sole responsibility of the individual against
whom said judgement is rendered and/or his or her municipal entity
employer, should that employer elect to make said payment voluntarily.
This agreement does not require indemnification of any punitive damage
awards.
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MAYOR, CITY OF AUBURN
Date
MAYOR, CITY OF RENTON
Date
MAYOR, CITY OF TUKWILA
Date
MAYOR, CITY OF KENT
Date
EXECUTIVE DIRECTOR, PORT OF SEATTLE
Date
CITY MANAGER, CITY OF FEDERAL WAY
Date
CITY MANAGER, CITY OF DES MOINES
Date
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APPROVED AS TO FORM:
CITY ATTORNEY, CITY OF AUBURN
CITY ATTORNEY, CITY OF RENTON
CITY ATTORNEY, CITY OF TUKWILA
CITY ATTORNEY, CITY OF KENT
PORT COUNSEL, PORT OF SEATTLE
CITY ATTORNEY, CITY OF FEDERAL WAY
CITY ATTORNEY, CITY OF DES MOINES
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S.D
COUNCIL MEETING DATE: February 20, 2007
ITEM #:_
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Temporary Occupancy License Agreement The Commons at Federal Way
POLICY QUEsnoN: Should the City of Federal Way / Federal Way Police Department accept the new
Agreement for a change in location of Licensed Space for the Federal Way Police?
COMMlTTEE: Parks, Recreation, and Public Safety Council Committee
MEETING DATE: February 13,
2007
CA TEGORY:
[gI Consent
o City Council Business
o Ordinance
o Resolution
o
o
Public Hearing
Other
STAFF REPORT By:
DEPT: Police Department
Attachments:
1. PRPS Memo
2. Temporary Occupancy License Agreement The Commons at Federal Way
Options Considered:
1. Accept Occupancy Agreement
2. Reject Agreement
STAFF RECOMMENDAnON: Staff recommends Option I.
DIRECTOR ApPROVAL:
/Wl--
CrTY MANAGER ApPROVAL:
Council
Comoliltee
Council
COMMITTEE RECOMMENDAnON: PRPS recommends Option_
Committee Chair
Committee Member
Committee Member
PROPOSED COUNClL MOnON: "I move approval of the Temporary Occupancy License Agreement The
Commons at Federal Way.
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLED/DEFERRED/NO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1sT reading
Enactment reading
ORDINANCE #
RESOLUTION #
[)-\
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE:
TO:
VIA:
February 13, 2007
Parks, Recreation, and Public Safety Council Committee
Neal Beets, City Manager
Brian Wilson, Chief of Police
FROM:
SUBJECT: Temporary Occupancy License Agreement The Commons At Federal Way
Back2:round
The Federal Way Police Department occupies a licensed. space, used by the Mall Officers,in the
Commons Shopping Center. The officers are stationed at the Mall to help prevent theft and for
the safety of the citizens and retailers.
This new Occupancy License Agreement is for a change in location of the Mall Officers licensed
space. As in the past, there is no charge to the City of Federal Way, Federal Way Police
Department.
D-L
1
TEMPORARY OCCUPANCY LICENSE AGREEMENT
THE COMMONS AT FEDERAL WAY
THIS LICENSE AGREEMENT ("Agreement"), as of this day of 2006 by and between
City of Federal Way dba Federal Way Police Sub-Station hereinafter referred to as ("Licensee, ") and Steadfast
Commercial Management Company, Inc. as agent for Steadfast Commons LLC dba The Commons at Federal Way hereinafter
referred to as ("Licensor").
A. LICENSED SPACE. "Licensed Space" as used herein shall be the Licensed Space located in The Commons at Federal
Way Shopping Center in the City of Federal Way, County of King, State of Washington (the "Shopping Center") at the
approximate location as shoWn in Exhibit A attached hereto and incorporated herein by this reference. Licensor grants
Licensee permission to use the Licensed Space only in certain specified areas of the Shopping Center; Licensor may change
these areas, and no location can or will be guaranteed.
B. TERM. The term of this License shall commence on November 1, 2006 and shall expire on October 31, 2007 subject
to the rights of earlier termination further stated herein; . it being the specific intent of the parties hereto to create a
LicensorlLicensee, and not a Landlord/Tenant relationship. Licensor may terminate at any time if a breach of any term of the
Agreement by Licensee occurs with no refund of license fees or deposits. Licensor may revoke this license at any time
without cause, and Licensor can permit other people to use any pushcart, kiosks, or stores in the Shopping Center for any
purpose at any time.
Licensor hereby grants to Licensee a "non-exclusive revocable license" as of the License Commencement Date to use the
Licensed Space. The words "non-exclusive revocable license" means that the Licensor is not selling or leasing the Licensed
Space to the Licensee, but is simply permitting Licensee to use the Licensed Space under certain conditions.
THIS LICENSE IS BEING GRANTED FOR THE LICENSE TERM ONLY, AND IS SUBJECT TO EARLIER
TERMINATION AS FURTHER DESCRIBED HEREIN. TO OBTAIN A LICENSE FOR OTHER PERIODS,
LICENSOR AND LICENSEE MUST SIGN A DIFFERENT WRITTEN LICENSE FORM.
C. SECURITY DEPOSIT. When Licensee signs this License, Licensee must deposit the amount of $-0- Dollars ($-0- ),
security deposit, with Licensor which shall be held by Licensor without liability for interest as security for Licensee's
performance of its obligations under this License and to repair any damage to the Sales Area. Licensor may, at its option,
apply the security deposit, or any portion thereof, to any overdue fee or other sum due by Licensee hereunder, to make repairs
to the Sales Area (including without limitation after termination of this License), or to pay for the cost of any other duty to be
performed by Licensee. Licensee shall replenish any portion of the security deposit applied by Licensor within two (2)
business days after notice from Licensor in order to restore the security deposit to its original amount. If Licensee has not
defaulted under any terms of this License, the unused portion of the security deposit shall be refunded to Licensee within
thirty (30) days after the termination of this License. Licensor's right to apply the security deposit as described herein is in
addition to any other remedies available to Licensor.
D. LICENSE FEES. Lice8see agrees to pay a lice8se fee for the use and occupancy of the Lice8sed Space the sum of see
attached Exhibit B. The f-ee sh.allbe paid ill advance 08 the eommencemeftt of the Term, and if applieaele, Oft the 1M of eaoh
cOftseeuti'le moftth thereafter without offset or deductioR. If Lieeftsee fails to pay any fee or any other amo\:lflt. due under this
AgreemeRt 'liithiR t....o (2) days after its due date, then, ill additieft to any other remedies that Licensor may have, Licensee
agrees to pay Licensor OR demand a late fee as liquidated damages eq1:lal to $50.00 per day or partial day that the fee or
amount is flot paid when due. Licensor and Licensee agree that the late fee represeRts a reasoaable estimate ef eosts and
elCpeflses that the Licensor may suff-er as a resalt <:if late paymeRts by Licensee, and is fair cornpeasatioR to Licensor for its
losses suffered by Stich late payments. Paymeats for any aad all f-ees are to be made by cashiers check or money order and
should be made payable te The CommoRs at Federal Way. Payments made in any other f-orm will not be accepted and '.vill be
deemed late, and subject to late fees as outlined in this AgreemeRt, if payment in the appropriate form is flat received '1/hen
~
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11/21/2006
Licensee agrees to submit in ..vriting along with the Lieeflsel Agreement fees, a statemem of gross sales signed by the Licensee,
due by the 1 Sf day of each month. If Licensee fails to submit a stateroem of gross sales due lIB:der this Agreement within two
(2) days after its due date, then, in addition to any other remedies that Licensor may have, Liceflsee agrees to pay Licensor on
demand a late fee as liquidated damages equal to~ per day or partial day that the statement of gross sales is not received
when due, regardless ofwRether percentage fees are due. Gross sales is dermed as tbe total am01:lfl.t in dollars, minus sales tax,
of the actual sales price, ""Redler cash or on credit, of all sales merchandise and services ineluding all gift certificates, eredit
charges and carrying charges and all other reeeipts of business cOflducted in or from the Licensed Space, including, but not
limited to, all sales to employees, all mail or telephone orders filled at or from the Licel15ed Space, all deposits not refimded
to plffchasers and all orders taken in and from the Lieensed Space, '"hether or not such orders are filled elsewhere.
In addition to the fee required hereunder, Lieensee agrees to pay on the First Day of the Month, as stated in EXHIBIT
B, on odElitionol fee equal to ~ % oyer a natural breal(Point of Lieensee's Cross Soles from the Lieensed Spaee
durin!?: any !?:iven month.
E. USE OF LICENSED SPACE. Licensee shall, during the term of the License, operate its business from the Licensed
Space during the regular business hours of the Shopping Center, and shall use the Licensed Space under the trade name of
Federal Way Police Sub-Station, for the use as a manned Police Sub-Station for Federal Way Police Officers
workine:/patrollinl! at The Commons at Federal Way - as described in the "Aereement for Seatac Mall Police
Services" dated 29 November 1996. to include all amendments and for no other purpose. Licensee agrees it will not use or
permit any person or persons to use the Licensed Space or any part thereof for any purpose in violation of the laws of the
United States of America or the State of Washington, County of King, City of Federal Way, or other lawful authorities, and
that during said term, be of clean and wholesome condition, free of any objectionable noise, odors and nuisances, and that all
health and police regulations shall be, in all respects and at all times, fully complied with by the Licensee. In addition,
Licensee agrees to abide by all rules and regulations established by Licensor from time to time, with respect to the shopping
center and/or the Licensed Space.
If Licensee fails to strictly observe the Licensor's operating ROIHS for the Shopping Center by failing to open on time or
closing too early more than tl....o (2) times dwing the lieense period, then, in addition to any other remedies that Licensor may
have, Licensee agrees to pay Licensor OR demand a fee as liql:lidated damages equal to ~ per occl:lITence tbereafter in
which LieeRsee fails to open on time or closes too early. If Licensee does flot open at all a fiee of $250.00. payable
immediately, will be assessed. This inchu;les ceasing operation prier to the elCpiration of the term. Lieensor \Uld Liceflsee agree
.that the fee represeRts a reasoRable estimate of eosts and expeRses that the LieeRSor may suff-er as a resuk of Lieensee's
faillHe to observe the operating hOlffs, and is fair compensation to Licensor for its losses sl:lffered by such fuillffe by Licensee.
Licensee agrees to use a professional visual presentation and/or display person to initially set up the Licensed Space, which is
either provided by or approved by the Licensor. Licensor shall have right of prior approval over all fixtures, props and
signage used in the set up, display and day-to-day operation of the Licensed Space.
Licensee may not display, sell merchandise, and allow carts, portable signs, devices or any other objects to be stored or to
remain outside the exterior walls and permanent doorways of the Licensed Space. In addition, Licensee will not in any way or
in any manner block any of the automobile parking or common areas of the Shopping Center.
F. INDEMNITYIINSURANCE. Licensee covenants with Licensor that Licensor shall not be liable for, and Licensee shall
defend with counsel satisfactory to Licensor, indemnify and protect Licensor from any claim, demand, liability, judgment,
award, fine, mechanic's lien or other lien, loss damage, expense, charge or cost of any kind or character (including actual
attorney fees and court costs) arising from the construction, repair, use, occupancy or enjoyment of the Licensed Space by
Licensee, its respective contractors, agents or invitees; provided, however, Licensee shall have no obligation to defend or
indemnify Licensor from claims caused by the sole negligence of Licensor. Licensee further covenants and agrees that it will
carry and maintain, during the entire term hereof, at Licensee's sole cost and expense, the following types of insurance, in the
amounts specified and in the form hereinafter provided:
· Comprehensive general liability and property damage insurance: Licensee shall procure and maintain in
full force and effect, at its sole cost, comprehensive general liability insurance with limits of not less than
one million dollars ($1,000,000.00) combined each occurrence and in the aggregate insuring against any
and all liability of the insured with respect to said Licensed Space or arising out of the maintenance use or
occupancy thereof.
· Licensee also agrees to procure and maintain property damage liability insurance with a limit of not less
than five hundred thousand dollars ($500,000.00) per occurrence. All such bodily injury liability shall
specifically insure the performance by the Licensee of the indemnity agreement as to liability for injury to
or death of persons and injury or damage to property described in this paragraph F.
~~y
Page 2
11/21/2006
. Workrrien's Compensation. Statutory amount of worker's compensation insurance for the benefit of
Licensee's employees as required by the state in which the Shopping Center is situated.
Licensee shall provide Licensor appropriate certificate(s) of insurance specifically naming Steadfast Commons LLC
dba The Commons at Federal Way, Steadfast Commercial Management, Inc., and SeaTac Mall Merchants'
Association as additional insured's.
G. TAXES, FEES, AND UTILITIES. Any and all taxes, fees and assessments, including but not limited to utilities, license
fees, fees for permits, profits, sales or use taxes, personal property taxes, or any other taxes which may be levied or assessed
on the assets, business or capital of Licensee or Licensee's income therefrom, by any duly constituted government authority,
shall be borne and paid for by Licensee.
An Electrical Fee of N/ A per month is payable each month in addition to the License Fees (Exhibit B). This amount shall be
included in your monthly license fee check made payable to The Commons at Federal Way, 1928-B South Commons, Federal
Way, W A 98003.
A Common Area Maintenance Fee ofN/A per month is payable each month in addition to the License Fees (Exhibit B). This
amount shall be included in your monthly license fee check made payable to The Commons at Federal Way, 1928-B South
Commons, Federal Way, WA 98003.
A Marketing/Advertising Fee of N/A per month and is payable on the first day of each month made payable to the SeaTac
Mall Merchants' Association, 1928-B South Commons, Federal Way, W A 98003 (Exhibit B).
H. ASSIGNMENT. It is expressly agreed that Licensee shall not have the right to assign or transfer, or delegate in any way
its rights or its duties under this Agreement. Any violation of this provision shall automatically terminate this Agreement.
I. NOTICES. Any notice given with respect to the License shall be delivered to the following locations:
If to Licensor:
The Commons at Federal Way
1928-B South Commons
Federal Way, WA 98003
If to Licensee:
City of Federal Way
33325 8th Ave. South
Federal Way, WA 98003
Attn: City Manager
COpy to:
COpy to:
J. ENTIRE UNDERSTANDING OF THE PARTIES. The making, execution and delivery of this Agreement by Licensee
has been induced by no representation other than those herein expressed. This Agreement embodies the entire understanding
of the parties and there are not additional or other agreements, written or oral, in effect between the parties relating to the
subject matter hereof. This Agreement may be amended or modified only by an instrument or equal formality signed by the
respective parties. This agreement is not binding until signed and approved by the Licensor.
K. GOVERNING LAW, ENTIRETY OR AGREEMENT AND PARTIAL INVALIDITY. This Agreement shall be
governed by the laws of the State of Washington. If any provision in this Agreement is held by any court to be invalid, void
or unenforceable, the remaining provisions shall nevertheless continue in full force and effect. Venue for any legal action shall
arise in the Superior Court for King County, in the State of Washington.
L. WAIVER. Waiver by Licensor of any breach of any term, covenant or condition herein contained shall not be deemed a
waiver of any subsequent breach of the same or any other term, covenant or condition herein contained.
M. ATTORNEYS' FEES. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement,
the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other
relief to which such party may be entitled.
N. NO PARTNERSHIP INTEREST OR ESTATE. It is understood and agreed that nothing herein contained shall be
considered as in any way constituting a partnership between Licensor and Licensee and that Licensee does not and shall not
claim an interest or estate of any kind at any time.
[:).-5
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1lI21/2006
O. PERMITS. Licensee shall obtain any and all permits, licenses and authorizations, which may be required by any and all
governmental authorities with respect to the use and occupancy of the Licensed Space. In addition, prior to commencement of
this agreement, Licensee shall provide copies as proof to Licensor that Licensee has all the above named documents as
required by the State of Washington and the City of Federal Way.
All installations and equipment used by Licensee shall be maintained and installed in strict conformity with the requirements
of the Board of Fire Underwriters as well as local, state and federal rules and regulations.
P. CORPORATION. In the event Licensee shall be a corporation, the parties executing this Agreement on behalf of
Licensee hereby covenant and warrant that Licensee is a duly qualified corporation and all steps have been taken prior to the
date hereof to qualify Licensee to do business in the State of Washington, corporate taxes have been paid to date; and aU
future forms, reports, fees and other documents or payments necessary to comply with applicable laws will be filed or paid
w~~. .
Q. CONDITION OF LICENSED SPACE. Licensee accepts the Licensed Space in an "as is" condition as of the date
hereof. Upon vacating the Licensed Space, Licensee shall re-deliver the Licensed Space to Licensor in good order, condition
and state of repair.
R. RULES AND REGULATIONS. Licensee and its employees are empowered and privileged to use the parking and
common areas in common with other persons during the term of this Agreement, subject to such rules and regulations as
Licensor shall promulgate from time to time; provided, however, that employees shall park only in designated parking areas
and that no overnight parking is allowed. If Licensee or its employees fails to strictly utilize the designated parking areas
more than two (2) times during the license period, then, in addition to any other remedies that Licensor may have, Licensee
agrees to pay Licensor on demand a fee as liquidated damages equal to $10.00 per occurrence thereafter in which Licensee or
its employees fails to park in said designated areas.
S. TIME OF ESSENCE. Time is of the essence with this Agreement and with every term, covenant and condition herein.
T. AGENCY DISCLOSURE. At the time of the signing of the Agreement, Steadfast Commercial Management Company,
Inc. represented the owner-licensor. Each party signing this Agreement confirms that prior oral and or written disclosure of
agency was provided to hirnlher on this transaction.
Comments or special conditions:
Licensor reserves the right to require reduction or removal of any merchandise or fixtures deemed unsafe or inappropriate.
If Licensee requests, Licensor will provide phone line to space. Licensee is responsible for contacting Qwest for hook-up and
for any and all costs associated with said phone line.
IN WITNESS THEREOF, the parties hereto have entered into this Agreement on the day and year first above written.
Licensor:
Licensee:
The Commons at Federal Way
By: Steadfast Commercial Management Company, Inc.,
its authorized agent
City of Federal Way
dba Federal Way Police Sub-Station
By:
By:
Gary R. Martindale
General Manager
Title:
Date:
Date:
u-lo
Page 4
1l/2l/2006
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EXHIBIT B
TEMPORARY OCCUPANCY LICENSE AGREEMENT
FEES
LICENSE FEE:
PERIOD
11-01-06 through 10-31-07
FEE*
N/A
PERCENTAGE FEE:
PERIOD
BREAK POINT*
11-01-06 through 10-31-07
N/A
*Licensee agrees to pay Licensor N/ A percent on any of Licensee's Gross Sales in excess of the Break Points listed
above.
MISCELLANEOUS FEES:
PERIOD ELECTRIC *
CAM*
11-01-06 through 10-31-07 N/ A
N/A
MARKETING/ *
ADVERTISING
N/A
Page 6
11/21/2006
@
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ExmBIT C
SCOPE OF SERVICES
1. The City will provide to The Commons at Federal Way two (2) full time, experienced police officers ("Contract
Officers") to provide security for the property, its businesses, tenants and customers and its premises. These officers
will work in conjunction with private security or other police agency representatives employed by the Mall or any of
it stores and tenants.
2. The City will retain control over the Contract Officers and the Contract Officers will work under the general and
direct supervision of the Police Department and will adhere to departmental policies and procedures. The Contract
Officers will work in a full duty status while on duty as in any Police Department duty assignment. Contract Officers
will be in uniform during duty hours and will be provided with radios, vehicle, and other regularly used police
equipment. Bicycles and computer equipment may be provided, at the Police Department's option, to increase
service levels.
3. The Mall may provide in-line office space, a public access kiosk, or other facilities to increase public access and
visibility of the Contract Officers. Mall management may direct the security efforts of the Contract Officers on a
day-to-day basis, consistent with Police Department policies, to assure continuity, coverage, and coordination of
efforts; provided, however, that in the event of a conflict between Mall direction and Police Department direction,
the Police Department direction shall control.
4. Hours of coverage will be flexible to address special Mall events and will be established by the Police Department in
conjunction with Mall management. Contract Officers will be assigned in one (1) year increments, but may be
rotated to address Police Department needs or Mall management interests. The City will provide ten (10) eight-hour
shifts per week, with officer absences due to illness, time off, or training replaced by general assignment officers to
maintain consistent coverage. Contract Officers will lose no benefits, assignment, training, or promotional
opportunities due to the Agreement.
5. Contract Officers will combine foot patrol, vehicle patrol of the Property parking lot and perimeters, and office,
booth or kiosk fixed positions to provide security, visibility, and police services.
6. Contract Officers will serve within the Property interior and parking areas 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 Mall mini beat is placed, will provide presence and response capabilities consistent with general beat
management strategies. The Mall's coverage by the regular beat officer will not be reduced by the presence of the
Contract Officers or by the use of other representatives or private security staff in the Property or in individual
stores. All supplemental police services will remain unaffected by the coverage provided for in the Agreement.
7. During assigned periods, the Contract Officers will respond to police or public safety incidents. If the matter can be
resolved by the Contract Officers expediently, no general assignment or specialized assignment officers will need to
respond. If needed, as determined by the Police Department, other officers will be dispatched as in the resolution of
any similar matter throughout the City. If the incident requires extended prisoner transportation, general assignment
officers will relieve the Contract Officers to allow them to resume their security duties as soon as practical.
Page 7 .
11/21/2006
~
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5.F"'
COUNCIL MEETING DATE: February 20, 2007
..._............._................._........ ..._...___.__...............___......._ ..................._..........................M......__..........._..__.,____.._
ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Red Light Photo Enforcement
POLlCY QUESTION: To increase public safety through traffic enforcement of traffic laws associated with red
light traffic signal violations. should the City approve a 1 year Pilot Program for red light photo enforcement
Pilot Program?
COMMITTEE: Parks, Recreation, and Public Safety Council Committee
MEETING DATE: February 13,
2007
CATEGORY:
~ Consent
o City Council Business
o Ordinance
o Resolution
o
o
Public Hearing
Other
~-.!~_~~_~_~_~g~!~X_:m_~o!.!I.:l_i~_~:m~.~~.P.P:. TrafD.~_!:::\.<::..~.~.<::..I.:l.'.lE!
Attachments:
1. PRPS Memo
DEPT: Police Department
Options Considered:
1. Accept proposal of adopting 1 year Pilot Program for red light photo enforcement in the city
2. Reject proposal
ST AFF RECOMMENDATION: Staff recornmends Option 1.
Council
(); \11..1'"' . )
DIRECTOR ApPROVAL: !p'w Jlli'~
Committee
Council
CITY MANAGER ApPROV A .
COMMITTEE RECOMMENDATION: PRPS recommends Option_
Committee Chair
Committee Member
Committee Member
PROPOSED COUNCIL MOTION: "[ move approval of adopting a 1 year Pilot Program for red light photo
enforcement, to reduce motor vehicle collisions. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o T ABLED/OEFERRED/NO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/0612006
COUNCIL BILL #
I ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
&-l
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE:
TO: .
February 13,2007
Parks, Recreation, and Public Safety Council Committee
VIA: Neal Beets, City Manager
Brian Wilson, Chief of Police.) l..JJ'~;;:J}.\I.i'1
FROM: Connie Shupp, Traffic Lieutenant
SUBJECT: Red Light Photo Enforcement - Pilot Program
Back2round
Recently in the State of Washington, the use of electronic photo images to combat traffic
collisions resulting in personal injury and property damage has been researched and implemented
in several municipalities. In addition to reduction of collisions in intersections, another benefit
that city officials are seeing is an overall favorable approval from citizens due to enhanced traffic
flow, a reduction in traffic collisions and overall increase traffic safety for the community.
Our police department, like others across the country and in the region is battling issues
including budgetary concerns and the availability of human resources to accomplish the
increased demands from the citizenry. Our city's growth has added immeasurable traffic loads
causing congestion, placing our motorists at greater risk, demanding an increase for traffic
enforcement. It is prudent for us to look into and research other means of enforcement in the
area of technology. It is my belief that Red Light Photo Enforcement is a viable solution.
The city of Seattle imptemented a Red Light Photo Enforcement pilot program earlier this year,
after conducting lengthy research. Since the implementation and success of the pilot project, the
technology is being expanded to additional intersections in the city. Several other cities,
including Auburn, Lynnwood, and Lakewood have implemented a similar program and
Redmond, Renton, Spokane, Puyallup and Lacey are all in the research stage, and are strongly
considering implementing a similar program like Seattle's.
Brief Overview
Unlike random camera surveillance, photo enforcement is intended to capture a photo of the
violation and license plate of the vehicle violating the law, capturing a specific vehicle as a result
of a specific illegal action. The installed digital cameras would capture a photo of the violation,
and the rear license plate as well as a 12 second recording of the violation, capturing the vehicle
prior to and through the intersection.
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Once the violation is captured and processed, the images are provided to the police department
for review. A representative of the city must approve all violations to verify the violation and
authorize the issuance of the infraction. The violator can also review the violation on-line, which
would include photo images and the video, which reduces the number of challenges the court
would handle.
Research Relatin!?: to Red Li!?:ht Photo Enforcemen.t
~ Intersections are dangerous and costly to the city
. Nationally 44% of injury crashes occur at intersections (National Highway Traffic
Safety Administration)
. The Insurance Institute of Highway Safety research shows that motorists are more
likely to be injured in crashes involving red light running than in other types of
crashes, such as rear end collisions. Occupant injuries occurred in 45 percent of
the red light running crashes, compared with 30 percent for other crash types.
. Red light running is the leading cause of urban crashes according to the Insurance
Institute of Highway Safety.
. Intersection accidents take up a disproportionate amount of police department
staffing hours due to detailed reports, lengthy investigations, record management
and disbursement of reports.
. Intersection violations are the most difficult traffic violation for police to identify
and apprehend due to lack available resources and the safety risk to the officer.
. The highest number of traffic accidents in our city, occur at or near intersections.
. Some research suggests that implementing red light photo enforcement may
contribute to increase incidents of rear end collisions: however, the collisions are
generally minor in comparison to side impact intersection collisions.
. National Institute of Traffic Safety and Federal Highway Administration data
demonstrate these types of programs reduce intersection violation collisions and
deaths dramaticaliy. . .
. Of the 2,256 collisions that occurred in our city in 2005, 63 or 2.8% were side
impact collision that occurred in a signal controlled intersection. In the first 10
months of 2006, of the 1,621 collisions, 43 or 2.6% were side impact collisions in
signal controlled intersections.
. A common complaint that the city administrators and the Police department
receive is the congested traffic flow in the city, due in large part to the blocked
intersections and red light running.
. Traffic Accidents are routinely in the top five "calls for service" each month.
. This type of program will also aid as an investigative tool when a traffic accident
occurs due to a red light violation, because it will be recorded
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. A 2 hour sample survey at the intersection of S. 348th and Enchanted Parkway,
between 1600 and 1800 hours for all westbound traffic, including turning
southbound onto Enchanted Parkway, identified 7 violations. When targeted by 2
motorcycle officers, half of the motor unit, 4 infractions were observed, but due to
safety, only 3 violators were stopped and cited. While out of position, other
violations could not be observed~ This survey does not include the other lanes of
travel going North and South on Enchanted, or eastbound on S. 348th.
-+ Photo enforcement programs work:
. New York City, since 1994 (the longest running program in the United States)
reports a 72% reduction in violations, 41 % reduction in collision, and a 35%
reduction in fatalities.
. San Francisco, Los Angeles, Dayton, Albuquerque - and dozens of other cities
across the United States report substantial drops in violations and serious
intersection accidents.
. U.S. Dept. of Transportation's Federal Highway Administration reports: Red light
running violations decreased by as much as 60 percent at intersections where
cameras automatically enforce the law.
. Locally, in the city of Seattle, after a pilot program implemented in July at just 4
intersections, and 2 more added in October, over 5,500 citations have been mailed
since implementation
. In Seattle, the challenge rate of 10% to 14% is actually lower than the challenge
rate of other moving violations. This is believed to be due to the violators can
view a 12 second film clip of their violation on the internet.
-+ The public has demonstrated support for these type of programs:
. A National Harris Poll in 2001 reported that 78% of the public wanted greater
intersection safety.
. The Insurance Industry for Highway Safety reported that cities with red light
programs scored between 77% and 84% consumer approval ratings.
. Local polls in Texas, California, Arizona and Ohio confirm that the public is
supportive of creating safer intersections.
. According to a Federal Highway Administration study, which looked at 132
intersections in seven jurisdictions', there was a 25% decrease in total right-angle
accidents, a 16% decrease of injury right-angle crashes.
. Several cities have reported that overall accident rates have gone down throughout
the city, even at intersections that do not have red light photo enforcement referred
to as the "halo effect."
3 [_~)
~ Red light programs are cost effective:
. There is no installation or start up fees, service or maintenance costs - one flat
monthly service fee per monitored approach only.
. . At a $101.00, it would take less than 2 paid violations per day, per approach for
the program to be cost neutral.
. The Federal Highway Administration researched a series of cities that have had
red light programs for several years, and reported: The average red light camera
location in the U.S. results in a $38,000 a year in reduced societal costs, for each
intersection, not to mention the numbers of lives and grief saved from fewer right-
angled crashes.
. Several companies provide all the software and training, working directly with
Traffic Engineers, Court Personnel, Records and Police.
Vendor Review (alphabetical order)
American Traffic Solutions (A TS)
Based in Scottsdale Arizona, their product designs are the state of the art technology. ATS has
been a recognized design leader of safety camera technology and software solutions for the photo
enforcement industry since 1987. A TS principals implemented many of the first photo
enforcement programs across the United States. Their new system is the smallest, and most
powerful in the industry. The control cabinet dimensions are only 22x20x 18 and can be mounted
on existing poles, and the processor is fully solid state. The camera system is a powerful 12.4
mega pixel digital which can identify the violation and get the place with a single image - critical
for prima facie evidence. A 12 second video clip is included with the still photos.
*The cities of Seattle and Lynnwood have signed contracts with ATS, with the neighboring city of
Renton in a contract finalization phase. The city of Lakewood is currently in finalization a
contract with A TS, after being with a different vendor for several years.
Nestor Traffic System
Nestor Traffic Systems, based in Providence, R.I., provides video-based monitory system.
Extended mast arms are used due to the video based technology. Nestor advised they are in the
process oftransitioning to a digital based system for license plate photographs, but have no
definitive data at this point. Reference data show low validation rates, but they claim the new
cameras will ensure a higher clarity of photographs, with better physical evidence for court
adjudication purposes. This system uses multiple cameras, requires substantial lighting units,
and a large controller box at the intersection.
4E-5
Redflex Traffic Systems
Redflex is an established company out of Scottsdale Arizona, with nearly 20 years of experience
in photo enforcement, and is a major provider of red light programs. They use multiple cameras,
packed into a single intersection box - requiring separate cameras to sync to identify the
violation and the license plate. These photos must be matched by a Redflex processor to confirm
the plate and vehicle match, which has caused errors matching plate and vehicle. A 12 second
video clip to validate the violation is included. A road side cabinet is required.
*The city of Auburn recently entered into a contracted with Redflex.
Summary
~ When proper public education is provided, communities welcome the added traffic
enforcement benefit that provides more public safety and enhances traffic flow.
~ The growth of our city has added immeasurable traffic loads causing congestion, placing
our motorists at greater risk, demanding an increase in traffic enforcement.
~ Red Light Photo Enforcement is a viable solution for many municipalities in the country
and in our region, relying more and more on technology to improve community safety and
satisfaction.
~ Research has shown that motorists are more likely to be seriously injured in crashes
involving red light running than in other type of collisions such as rear end collisions.
~ Intersection violations are very difficult to enforce for police officer. It presents a
significant safety risk to the police officer in comparison to other types-of traffic
enforcement
~ Intersections with Red Light Photo Enforcement will significantly reduce the number of
complaints to city departments about vehicles running red lights and blocking congested
intersections.
~ The Red Light Photo Enforcement technology will work 24/7, non-discriminatory and far
more efficient and effective than police or traffic officers working the intersection.
~ With limited resources available, this innovative technology is an effect tool for
protecting citizens and property.
~ Research has shown that the public favor creating safety intersections and with the
advancement in technology, more accepting to photo enforcement technology.
~ There are several vendors providing this technology and reliable companies have been
identified.
~ Cities with Red Light Photo Enforcement show a collision reduction throughout the city,
due to the overall impact on driving behaviors of all drivers.
~ The Red Light Photo Enforcement is cost effective.
5 E,-~
Recommendations
~ I recommend that the City of Federal Way implements a Red Light Photo
Enforcement "pilot prograni" for one year, at 2 of our most heavily traveled
intersections, which also have high number of traffic accidents in the vicinity. After
a year or prior to, a joint analysis is conducted to evaluate the impact, affect and
benefit of the pilot program.
~ I recommend when a decision is made to implement the program in our community,
all impacted or vested parties, including but not limited to representation from
Legal, Public Works, Courts, Police, Finance, City Council and MIS, to participate
in a study committee to further research and understand the capabilities and
impacts. The committee eit.her recommends moving fonvard or to discontinue and
further research. If this endeavor is continued, committee members contact
vendors, conduct product reviews, participate in product presentations, make site
visits, and makes a vendor recommendation.
~ I recommend that the city enters into a contract with American Traffic Solutions,
which provide a "turn key" program, a proven track record, readily available
technicians, responsive company representatives, and a $1,000 cost reduction per
approach when added to the current Seattle contract.
~ I also recommend that any revenue generated from this program is used to further
enhance and increase Traffic Safety Enforcement and Traffic Education with the
city.
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