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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 . J . .. .. ,". .; ., . .. , . .~. . .':,'. ,~. -:'. _ '.7t."~ . _ ".,. ,,~:. 1,,' . ',"" ..-. .. t, . '. . '. ....... .{' '. : '-.t ~.:.. . ,- .,.. .' ,. ~ . ~"'. . ~ ...'." . . ..~ '-'" , - . '. ..... ,. , . Property Crime Comparison: 2004,2005,2006 " .. "'-,..~ ~~'-:-:-l- . . I.' :'. ~. .. .; . '. -'," -," . '-"" o. _. .. t ~ . ~ .' "'- . .'.- ~ .. B-L . ,-, .' - .' ~ ~ 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 ,. " ",; " ~ " c' ~ , 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' ;-....._.,..'"-..~.~:;......-',1 ~ ~.. 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' . .,!. "l ~OP5... ;'/2.' .. f , .. 10. '... .3A ; . ~:S: \,"'. 26.8 902 350, - 8 1539 1-,. _.' .'- .i . ""'-' .. ~....~f~tf ~,. . -.,,,,... " -~.-:. :';~"_. )... - ~. . "". ~ , ., ,,; '., "" '.--, :' . - . ; , , .- ; i . ':. '. :' :ii.:2006' , O. , ~ 29. 27 27 199 " :. 750 <.. 22,3. 8 1,263 ~ ~';'l , , " "" l-<, +/- -100.0% 190.0% -20.6% 8.0% -4.3% -16.9% -36.3% 0.0% -17.9% *N/C = Not Calculable G--~ . 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' ..~. ~,;<~/"'. ., ~: .- .,,'~ '. ".,'''"'; . ,,'; ,''!" ".'," - - , ,.. , ,- . , .' " (. .- - ....~~t.;. . ~._. c ,1 .. .. , .. , /'20:0$, ' "f- 18 2.~) , 2'1. -'~: "201 '1038 44f " 11 1166 ." \ ,;' :..-.~ t. , : .. .' i3,i?d!~tr ;:~~ '- ....'....... .. .. ,'J ~.,'" ., ... . .. .. ., '\ .'.:.~~. ... . "4 '~ .> . ., ; . - I' . " ~: ,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- - ., < . :-,>....: ... ".#. ~ < .. ~:~~ , 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 WCIA Final Version 03-16-2006 &1 Operational Agreement 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. WCIA Final Version 03-16-2006 &~ Operational Agreement 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 WCIA Final Version 03-16-2006 0, Operational Agreement 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. WCIA Final Version 03-16-2006 C;-\O Operational Agreement 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. WCIA Final Version 03-16-2006 C-\ \ Operational Agreement 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 WCIA Final Version 03-16-2006 &1L- Operational Agreement 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 WCIA Final Version'03-16-2006 c-)~ Operational Agreement 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 ~ G~~ Page 1 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 Page 3 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 ~. u << !:l-< ~rJ). -~ =~ ~~ ~~ u - ..J .4-J OJ b..() ~ cd I- Ii ?d ~ - ~ ~ (]) -0 OJ U- ~ V> C o E E o U (]) ...c. I- \ ..--1-- ~ ~~ [ill !o ~I !l 'Ii' c> ~J 0 0 O~ :;; z.~ O~ _ 3 o~ ~ o~ ~ ~ at '" ~ 0 ~. -'" ! : O.rE 3 ;) O'i "" ~ o~ ;; ;) O:f ~ ~ O';l ~ ~ ~ ;) o~ ;! s_ ~ u 0" ~. ~I J ~,O~ Oi t- 3-'- dl. ~ 0'1 - .g~oO!o)lOli o! o,!o! 02 Cl~ -jiOOiO!O'! ]- 7"~ r=!e 0 ~ 0 ~ Il!'f'1 $~~'": :~ 2 ~~):U ~ ,A-"" '" ~ O!l ~ ! ~~ ~rl ~J o~ ~ :. 1,;...... , 4""<1 ~I ~. lii ~ "" ""-' 0'1 :3 E ~,__ ~ - ~r-;a r ~1. ~;n o! ~ ---1 ;;.; RvrnD1 0:1 ~";;i l/ [Jl, .V~ . 2:1 ru ... ..;..., 0 ""ill ~ Go ~UJ ;6 r :A .. . f .. u l:' c: ::s E E .. <oJ ~r ~ O!l .. :! O~ ." ,;, 0- ~ ~ ..s} o~ ;g ~J o~ ~ !:;r.:r~:AI o~. T::\ ~:;;I~~ ofiOR i; o~ ,. 0.... 0 ~ !_ O~O~O~ o~ ~~g~O~ oi o~ - 0 "0'" -~ ~n ~~ .. '"...- ;:t~~ o~ ,.., ~I 0<> A" ~ '":l' 1 o~ _ ~ o~ S? :: O;t .,. :;; O:l :! ~ . O:l ~ .., o~- .c 03' :t D'S ;2 V 01 M ii.lO~O:i'" ..y ~ U 0", I l.....-, i ~ li i ~ 0< L..--,r- V') ~ cQ OJ (/) .<: ... ... ~ \~-l /U /\ l'i\ ... \~ !! -{ C'" ,~ J j .~ j 41\ -~ ('j ~ . c o co j ~ -! t ~ :2 .. ,-i d I J~~ \ .... ! d o -.g .... (/) .g (/) a,) .~ - o ~ ~~ ~u.. _'It: C<l a,) lU g "l:lo. ~Cf.l '4) o o S ~ - - VI ~ 01 (:l... (1::0 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 @ u--~ 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 ~ \:)--, 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. 1 G-L-. 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 2 E-s . 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. 6 E-l