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PRHSPSC PKT 06-12-2007 City of Federal Way , ; CITY COUNCIL : P lRKS, RECREATION, HUMAN SERVICES AND PUBLIC SAFETY COMMITTEE , I ' Tue~d~ , June 12, 2007 6:00: p1 n. City Hall Hylebos Conference Room l. 2. 3. 4. 5. , (ALL TO ORDER (UBLIC FORUM : COMMISSION COMMENTS ! EPROV AL OF MAY 8, 2007 SUMMARY , COMMITTEE BUSINESS 6. In-Vehicle Cameral Pilot Project Review Interlocal Agreement between Valley Special Response Team ILA among the Participating Law Enforcement Agencies Forming a Regional Automated Information Network (RAIN) Sixth Amendment to the Commons at Federal Way Police Service Agreement Police Department Lockers - Bid Approval Information Wilson Action Wilson Action Wilson Action Wilson Action Wilson ENDING ITEMS . Park Impact Fees 7. 8. XT MEETING - July 10, 2007 6:00pm - Hylebos Conference Room JOURNMENT 2007 CQ Council ' D I: eputy ~ Council i . I, mittee Members: ember Jeanne Burbidge, Chair ayor Jim Ferrell ember Linda Kochmar Staff: Donna Hanson, Director Mary Jaenicke, Administrative Assistant II 253-835-6901 I I I i 'I . ~ I Pi City of Federal Way City Council S RECREATION HUMAN SERV ICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday May 8, 2007 6:00 p.m. , ! I I I I : In atteIi ance: Council Committee members Chair Jeanne Burbidge, Deputy Mayor Jim Ferrell, Council member Linda & chmar; Jenni Snell, City Attomey, Commander Stan McCall, Public Safety Department, Steve Ikerd, Parks ] and Fiac.i ities Manager, Donna Hanson, Director PRCS, Mary Faber, Recreation & Cultural Services Superintendent, , ' Bettyi Sa ders, Park Planning & Development Coordinator, Mary Jaenicke, Administrative Assistant II. Guests: Fred Kookell, Parks & Recreation Commission, Marie Sciaqua, Historical Society Cha~ B bidge called the meeting to order at 6:02p.m. I ] PUBtI COMMENT Marie S iacqua reported that the sidewalk at the Cabins Park looked unfinished. Ms. Sanders explained that the contrkd r ran over that portion of the sidewalk, and it would be repaired. I I ' CO SSION COMMENT Non11 APPR(!) AL OF SUMMARY Council member Kochmar moved to approve the April 10 meeting minutes as written, Chair Burbidge I I seco~di . Motion passed. BUSI SS ITEMS ,II Omni l, ndsca e Contract Amendment Mr.Pcer provided the background information. Omni Landscape provides landscaping services for eight parks; Aldetd~ e, Alderbrook, Adelaide, English Gardens, the sign monument, Olympic View, Wildwood and Coronado. The p~ artment has been very pleased with their services. The rate will stay the same. The total amount of com~e4 ation is $51,348.86 for a one year term. Council member Kochmar moved approval of amending the terJ of he contract for another year and authorize the City Manager to execute the amendment. Chair ~ I ' BurBid e seconded, motion passed. III Comm i Center U date Ms. iFa~ r reported that she was asked by City Manager Neal Beets to provide an update on the Federal Way Co~:. 'ty Center. The pass sales information and revenue information she provided was through the month of April. I ey have sold 764 passes, for a total of 1,961 pass holders. The most popular pass sold has been the 3 month p ss. Ms. Faber stated that they would have to wait and see what the impact is of selling the 3 month passes. The~ h~ e been working with the business planner. The revenue for rentals is $7,027.00. Ms. Faber stated that they are stid' orking on the policies for low income. They had been working with the Multi-Service Center, but discdvJ, ed that it was not a good match because they each offer different services. Ms. Faber stated that they need to kn04 J; at their capacity will be for low income passes. Council member Kochmar asked if they had discussed havill.g I once a month flat fee rate for families to come in and use the facility. Ms. Faber answered that it would takei~w, y the incentive to buy passes. Ms. Faber cautioned that if we offer a free or 'reduced night for families, and imp~bnl nt a low income rate, it will be hard to meet the very aggressive revenue expectations. Ms. Hanson added that ~9 eekends have been experiencing full capacity in the pools, and that we need to move slowly on this. Ms. Fabl(~ rl ommended waiting until we can see what the fIrst year of operations is like, and then see what kind of fle,qbiy we have to do free family swims. The Committee stated that they would like to revisit this in 6 months. Cha~ B bidge stated that she has heard some concerns regarding the rental rates for the community room. Ms. Fab6~ J eed that she has also heard some concems, but they have come from the non-profIt groups. She has not heaih J y concerns or complaints from the wedding and event market. They are offering non-profIt groups a 10% fee redJbtiH off of the resident fee. Ms. Faber stated that they are developing more policies on how long people can I ' I, SUMMARY I P~~, RECREATION, & PUBLIC SAFETY COUNCIL COMMITTEE Tues~ay, May 8 2007 Summary pag~lrthl b 'ld' fi 1 d .. . Sh 1 . d fth. th h b " &: stay Ifl . . Ul mg or unp anne actlvItles. e a so reVIewe some 0 e Issues ey ave een expenencmg as lar as thJftsl. n the building, loitering, people trying to sneak in without paying, and kids being dropped off for a long perio~ 0.; time. The RFP for security cameras is going out this week, and they hope to have the security system installed: two to three months. 20071~J ks Commission Work Plan Mr. Ike~ presented. Item one of the work plan: Sacajawea Park Soccer Field repair has been completed. Fred Konkbl~, Chair of the Parks Commission added that the Parks Commission has reviewed and approved the work planjcb cil Committee stated that they appreciate the Commissions hard work, and asked Mr. Konkell to thank the qt I, . ssion for them. Deputy Mayor Ferrell moved approval of the 2007 Park Commission Work Plan. Cou~cd: ember Kochmar seconded, motion passed. '. II r Westlm lebos Wetlands Park Boardwalk: Award Bid Ms. S~ ers provided background information. The project went out to bid in April. They received 7 bids. The cost 9s .~. te for the project is $1,218,000. Epic Construction was the lowest responsive, responsible bidder. Their bid clurl' in at $1,024,406.40. The bid was structured with two alternates, because there was a concern with cons~J! 'on prices. Because their bid came in low, we are able to include the two alternates, which are a trail to Brook 4: ke and several viewing platfonns. Ms. Sanders has conducted reference checks and they have all come back Ire . positive. She also ~tated that Epic Construction fInished a similar project in Ta~oma. Council ~ember Kocliirui. asked when the project would be complete. Ms. Sanders answered that the fundmg from lAC WIll not be availffbt I until July 1, so the project will be completed in October or November. Deputy Mayor Ferrell moved app+vl to award the West Hylebos Wetlands Park Boardwalk project to Epic construction, L.L.C, the 10weJt ~ sponsive, responsible bidder, and to full fund the Base Bid and Alternates 1 and 2. The contract awatl..~d.. all be for $1,024,406.40. A construction contingency up to $102,440.64 is established, and the total for ~lill' entified project costs is $1,306,847.04. Council member Kochmar seconded. Motion approved. I, ; Cabi s' ark Parkin Lot - Phase II: Acce t work b Pervious Concrete Inc. Johansen Excavatin Inc. and Blu~!lsR Landsca e Services Inc. Ms. San, ers provided background information. The project went out to bid last summer, one bid was received and it cam~1 J.: ery high, so the Cabins Park project bid was broken into three components. The work has been completed to 0,* sl: 'sfaction. A change order in the amount of $600.45 for the site prep has been submitted, so the total charge for tlle,! e prep is $73,964.18, bringing the total project cost to $200,136.26. Ms. Sciacqua had asked what the long terml~ll!, are for this park. Ms. Sanders answered that the Cabins Park and West Hylebos will become one park. The~~ iA; a trail at the Cabins Park that leads directly to the Boardwalk. The Park will be called West Hylebos Wetl~nl Park. There has been discussion to add interpretive signs at the park. Ms. Sciacqua expressed some concl~.. nIl egarding cable wires that have been pulled out of the ground. Ms. Sanders stated that a staff member from lAC ~p~~ ializes in wheelchair accessibility. This staff member is going to come out and make sure that the path is usealheli and will be examining the park area for potential wheelchair hazards. Ms. Sciacqua wanted to know if the De~y :' abins would have electricity. Ms. Sanders felt it would be difficult now to add electricity because the wetl~d'i ufferis so close that there is not enough room, but stated that this is something they could possibly look at in th~ r& e. Ms. Sciacqua wants permanent restroorns on the site. Ms. Hanson stated that the budget did not allow for J.b~! ent restroorns. Council member Kochmar made note that with the change order the new total amount of the d~oJ: ct is $200,136.26. Deputy Mayor Ferrell moved acceptance of the concrete portion of the Cabins Par~: P ase n, performed by Pervious Concrete, Inc. the site prep portion performed by Johansen Exc~vJ'ing, Inc. and the landscape portion performed by Blue Sky Landscape services, Inc. as complete, and apptrl'! release of the retain age. Council member Kochmar seconded. Motion approved. Pendin Items None i III ! NEXlT Iii ADio EETING - June 12, 2007 6:00 p.m. in the Hylebos Conference Room ENT - Meeting adjourned at 6:41p.m. CITY OF FEDERAL WAY CITY COUNCIL CbMMITTEE STAFF REPORT DAf TO)" Parks, Recreation, Human Services and Public Safety Council Committee I@' V3': Neal J. Beets, City Manager , ' FRI.'I',,: - BrianJ. Wil~~~,-ChiefofP~---- I ,I ' S: J' CT: In- Vehic1e Camera Pilot Project Review ~ ~ ' Infor ' ational Ont The~ ,i s general agreement at all levels of the Federal Way Police Departmentthat a reliable and easiy t" use in-car camera system could be invaluable. Law enforcement professionals must only loo~ 8, a recent Supreme Court ruling on police pursuits to demonstrate the potential value of inci~el,; t recordings. However, there is unanimous agreement that the current in-car camera SYSB[,..e i...',.." s being. used are out of date, cumbersome, PIUS. often inoperable. In fact, there are currently six I ~ ems stiii in vehicles and 50% (three) are inoperable. ThJ t~ hnology of in-car cameras has greatly improved and will continue to do so. However, eqJ p~ ng an entire fleet would be expensive (over $200,000) and staffing to maintain the video evicle+, e must continue to be a concern. If the Federal Way Police Department decides to continue to ~Lr' e in'-car cameras it should be done in conjunction with other technology initiatives to ensure co~p': ibility and cost effectiveness. A f~1I I"ummary of the Pilot Project is attached. June 12,2007 1 ! , IN-VEHICLE CAMERA PILOT PROJECT REVIEW Prepared by Commander McAllester May 2007 I:' , 'SUMMARY OF PILOT PROJECT *h" Federal Way Police Department received a Local Law Enforcement Block Grant ',~4: BG) in 2002 and used the funds to purchase eight In-Car Camera systems for a pilot p,roJ ct in the Field Operations Division. The cameras were purchase and installed in the 1'1 I, 1u I mer of 2003. Seven of the cameras were analog systems that required the storage of ~C1:: al video tapes. The last camera system was a digital recording system and stored the t~f~ege~~~'::'~~ s~~~~~ onto a hard-drive. The images couid then be transferred to a I~ I 002 the US Department of Justice and the International Association of Police Chiefs ~I~', started to conduct a study related to the impact of in-car camera systems. This study , ~II all,',,' a result of federal grant funding of over $21 million dollars to increase the use of in- ~a I' camera systems in modern policing. The results of study were published in 2004. II:! tlt,ough the study determines the increase in use of in-car camera systems to be ge', erally successful in terms of increasing officer safety, decreasing unvyarranted citizen lZO" plaints, and increasing successful prosecution; there are several lessons learned. · Failing to conduct thorough planning for implementation · Failing to prepare key "back end" components - storing, filing, and retrieving tapes i' · Unable to keep pace with technology changes · Audio transmitters consistently cited as unreliable · Inadequate training for the users I hi' Federal Way Police Department experienced most of the troublesome areas for ~,' ol,i,' ce departments across the nation in attempting to implement in-car camera programs. I:: REVIEW OF IMPLEMENTATION C " rdination ' I '.. roject Manager was never selected for the in-car camera pilot project. Therefore no :, i~, Ie ~o~mand staff member ,!,as responsible f?r the project ~nd se~eral members lPl~ ed limited roles. There was little or no preparation work done wlththe line level patrol f~' ers. Many were surprised to find cameras in their vehicles and did not understand the ije" on behind them. Many were told that the cameras were there because the City Ic~ ncil wanted them there. The lack of "buy-in" at the patrol officer level made the i!m' lementation of a cumbersome system difficult. ' I Ii I: I: Ii Ii I i; I I: ;'olc 1m lications 'h~ cameras were in the vehicles before the Department ever created a policy for their ~isJ' Due to strict audio recording laws in the state of Washington, this caused se~eral Qp1, erns. A policy was rushed through development and expectantly had to be revised ~Ie~: ral times due need to create oversight of the recorded incidents while trying not to lNJ'i b~rden any part of the patrol supervision personnel. r.. nm 19 :: In, the cameras were in the vehicles for some time before training could be provided t~ ti" e patrol officers. The camera vendor for the analog system was from out-of-state and ~a~ limited training resources themselves. The Federal Way Police Department had to 1ai:: for a trainer to be available and then tried to conduct a train the trainers session. ~o:' ever, at the time it was difficult to find operable systems (as bugs were already ir~ cting them) and only about four officers were trained. They then tried to train others, ~.IU~!i ith the turnover in staffing, the constant change in vehicle assignments, and the lack 91f l ainers; the in-car camera systems had few officers that actually knew how to operate Nile' well. - ' . REVIEW OF EQUIPMENT 1A~1 s the case with many technological advances, what you purchase today is obsolete in If. years. This is true for in-car camera systems and is one of the primary complaints ~lot law enforcement agencies across the nation. Listed below are some of the primary lq~ pment challenges the Federal Way Police Department experienced. , J io Recordin Devices ;11 n" audio recorder device was assigned to each in-car camera system. This meant that ~ffj:; ers would need to leave the device in the vehicle at the end of their shift. However, ~e~ use the device was worn on the uniform, officers frequently forgot to do so. The 1ed;, rding devices have to' be manually activated by the officer during a contact or ~e~,l ntion that was going to be video recorded and. officers often forgot to do so. In !?~;. tion, the batteries o~ the audio recording device~ h~d to be, chan~ed frequently. ~Ijl lIy, the sound quality was often poor and easily Impacted by Wind and other lnf ronmental factors. WUI': to the nature of Washington State law (RCW 9.73.030) it is imperative that the audio 1" rding devise is used and reliable. In /0 Video S stem . ',hi' use of video tapes in the analog system quickly became a cumbersome system. The frp.: s must be retained if they capture any portion of an arrest, yet officers (due to lack of tra :'ing) were not always ensuring that they were properly marked. The tapes fill quickly ~n ',. must be replaced routinely; tape storage also quickly became an issue. Furthermore, p'1~' back systems were rapidly disappearing as technology moved away from tapes. At ~~i~' time, evidence from video tapes must be transferred as needed to a CD in order to be 1~..I.el'.' ed. I: '; . . III hi' original vendor of this system (On Patrol Video International) was purchased two ~ea s ago by Safety Vision. Although Safety Vision claims to be honoring warranties and p.a,' s, the out-dated technology, change in ownership, and geographical distance (located t rxas) make maintenance difficult at best. fj)i, tal Video S stem i hl' intent with this system was to assign it to the DRE for video evidence in DUI cases. _ __ __ JO ever, as~ehide assignments changed the camera did not move with the ORE and J~ again users lacked the training to appropriately use this system. Also the digital i~a;! es were suppose to download to the mobile computer already in the vehicle, but this was! never achievable and separate hard-drive was being considered. UTILIZATION lla s ~' ai, hington is a two party consent state when it comes to audio re~ording. The law rl g, rding the use of in-car cameras is specific to state that audio and video recording Iii u, t be operated simultaneously. The result is that officers may be out of compliance 1h, the audio recording device is not working properly and therefore the entire system rwu be shut down. In the past few years the systems have been shut down more often t~a:i operable due to lack of training and inoperable or missing audio recording devices. A~ tical Field A lication ~hj, n gathering feedback from officers many commented on their dislike for having to ~'I, :' ediately advise citizens that they are being recorded. Officers understand the legal ii, p,,1 cations requiring this notification, but state' it often sets a citizen contact off in the t1; g direction, by citizens wanting to chailenge the fact that they are being recorded. ~h, e is also a concern among command staff that when citizens see the camera in the ~~H,i Ie, they assume they are being recorded, which is not always the case due to the 9,b6 e described issues. Yet, when citizens request to see video recordings (public t9,IS;,',' o~ure act) they become suspicious if the Department's reply is that the unit was not rll c1(, rdlng. ht Federal Way Prosecutor's Office did not respond to a request for feedback. ~o " ever, officers can not recail a recent criminal case for our agency that involved in-car c era video evidence. RECOMMENDATIONS Ith, e is general agreement at all levels of the Federal Way Police Department that a r[lil ble and easy to use in-car camera system could be invaluable. Law enforcement WO, ssionals only must look at a recent Supreme Court ruling on police pursuits to dIe '.onstrate the potential value of incident recordings. However, there is unanimous ~g I ement that the current in-car camera systems being used are out of date, cp ,'bersome, plus often inoperable. In fact, there are currently six systems still in ~ri,',cfes and 50% (three) are inoperable. Therefore, I recommend that the current ~'~'ii ms all be removed from the vehicles. . hf technology of in-car cameras has greatly improved and will continue to' do so. 10, ever, equipping an entire fleet would be expensive (over $200,000) and staffing to rwai tain the video evidence must continue to be a concern. If the Federal Way Police ~e ' artment decides to continue to pursue in-car cameras it should be done in conjunction ~it other technology initiatives to ensure compatibility and cost effectiveness. COUN~]li MEETING DATE: June 19, 2007 . IT~M #~=,___,_,__ ""___,,_,,_1..,, f--'_m__'__'_'_'_"__""",,__"___"_m__"_____'____,,'_'_______,__,,_____,_,_________,__,______ __ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJEJ'T;[i Interlocal Cooperative Agreement Valley Special Response Team Operational Agreement , 1[: POLIC/" QitIESTION: Should the City of Federal Way I Federal Way Police Department remain a member of the multi-j~,ri';~iCtional Valley Special Response Team (Valley SRT)? . COMM/ T '~E: Parks, Recreation, and Public Safety Council Committee MEETING DATE: June 12,2007 I I: " CATEGO 'v: ~ C~~i:! ent .' o Oit~,! Council Business , _ST~..!XJ~! "~,~T_ By...:..., Lynette A. ~~_!,~!1:..! ~o~man~_er ~yle Sumpter ,_,_,_~EP~_~_~~~,:,E:partme~_~__,___ Atta~~. lltS: 1. PT;:' ~PS Memo 2. IntFll' ca! Cooperative Agreement Valley Special Response Team Operational Agreement OPtion~ ~ onsidered: ' . 1. Aci:,efl SRT Operational Agreement 2. Rejeo Agreement Ii ,Ii _w,_w._.,__ J, '_'_"w_._.__.. ___..._.....__._.______w_____ STAFFI'I~ !tOMMENDATION: Staff recommends Option 1. CITY ~.;,lj, AGER ApPROVAL: rfQ) I, !: ~e Council COMMI1 EE RECOMMENDATION: PRPS recommends Option_ o Ordinance o Resolution o o Public Hearing Other DIRECTOR ApPROVAL: Committee Council , Committee Chair Committee Member Committee Member Ii ii plm,p: D COUNCIL MOTION: "I move approval of the Interlocal Cooperative Agreement Valley Special Resp~n Team, and authorize City Manager, Neal J. Beets, to sign such Agreement. " I (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNG1, L "CTION: o Ai P DVED o D1' N D o TI' B' EDIDEFERREDINO ACTION I o 1\ 0 D TO SECOND READING (ordinances only) REVISE' - 2/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DAltl I Toli V~ FRqp.,b~ III SU~JI CT: June 12,2007 Parks, Recreation, Human Services and Public Safety Council Committee Neal Beets, City Manager-tt::f) Brian J. Wilson, Chief of P~ Interlocal Cooperative Agreement Valley Special Response Team Bac!k~ ound ThJ!,' H11'.deral Way Police Department joined the Valley Special Response Team (Valley SRT) in 200[1,.. . ",...,.lUng County and other municipalities within the Puget Sound area make up the multi- juri ~ dtl: tional team know as the Valley SR T. II ' Ki~f ~. ounty and the Puget Sound area have experienced increasingly violent criminal conr~,b.tations due to increased gang activity, increased drug abuse, increased urbanization, and inc~e~~ ed population densities. The Valley SRT is called in on high risk confrontations. They haV~ e ability to safely control, contain, and resolve criminal confrontations. Th1lrc ults shown by Valley SRT involvement are the improved of high risk services; increased safJty or officers and the community; and improved cost effectiveness. I 1 IN I LOCAL COOPERATIVE AGREEMENT BETWEEN AUBURN, DES I !: MOl ES, FEDERAL WAY, KENT, RENTON, TUKWILA, AND THE PORT OF SEATTLE, FOR CREATION OF THE VALLEY SPECIAL RESPONSE TEAM , I. 1~i I! TIES The, 1),1.1.... rties to this Agreement are the Port of Seattle and the municipalities of Auburn, DeJ I,oines, Federal Way, Kent, Renton, and Tukwila, each of which is a municipal ~l1 ::;::aling under the laws of the State of Washington. Thi$ I" greement is entered into pursuant to Chapters 10.93, 39.34, and 53.08 of the Re~is d Code of Washington. Ii I: III. I RPOSE i II , , Th~i: arties hereto desire to establish and maintain a multi-jurisdictional team to eff~c1i ely respond to high risk criminal occurrences as described below. IV. iF/I: RMATION ' Th~re:: is hereby created a multi-jurisdictional team to be hereafter known as the "Valley SP~C'!I I Response Team" ("SRT"), the members of which shall be the Port of Seattle, an~l. t I, e cities of Auburn, Des Moines, Federal Way, Kent, Renton, and Tukwila. The SRi as been in existence for some time, and this Agreement is being re-entered into in d~ i' r to admit the City of Des Moines as an SRT member. The future admission or elirji'l:i tion of a jurisdiction as a member of the SRT may be accomplished by an addle~ um to this agreement. V. S TEMENT OF PROBLEM Kin~ ' ounty. and the municipalities within the Puget Sound area have experienced inc~r ':: ingly violent criminal confrontations due. to, among other reasons, increased gang !: activity; increased drug abuse, distribution, and manufacturing; increased urb$, ~.!,. ation; and ,increased population densities. The ability to safely control, contain, an~l. rl" solve high risk criminal incidents such as civil disobedience, barricaded subjects, hosl...tc:i'.., e situations, gang member arrests, high risk fe. lony arrests, and narcotic or high ris~i ~. arch warrants has strained the resources of the members' individual police de~aiii ments. . Lay/.,I! . ~.! forcement efforts directed at dealing with these high ri~k criminal incidents have, forllh" most part, been conducted by law enforcement agencies workIng mdependently. A fli: i-jurisdictional effort to handle specific high risk criminal incidents, as well as VSR~ 08 20-2007 . INTs:r.i' U'.;' CAL AGREEMENT i :: . .'1 incidents involving weapons of mass destruction, results in more effective pooling of personnel, improved utilization 0f municipal funds, reduced duplication of equipment, improved training, develoPrTlent of specialized expertise, and increased utilization/application of a combined special response team. This results in improved services for the citizens of all participating jurisdictions, increased safety for officers and the community, and improved co~t effectiveness. VI. TEAM OBJECTIVES The individual specialty units frmm each participating jurisdiction will be consolidated and combined to form the SRT.:: The SRT shall service each participating jurisdiction. The SRT may also be available to outside law enforcement agencies as provided by chapter 10.93 RCW. The objective of the SRT is to'! respond to specific high risk criminal incidents in a manner that provides for the effebtive use of personnel, equipment, funds, and training. The SRT shall respond as reqLuested by a'ny of the participating jurisdictions and provide a coordinated response tb high-risk incidents. As special needs arise, it may be necessary to request from other law enforcement agencies assistance and/or personnel, at the discretion of the SRT Incident Commander and/or the SRT Tactical Commander. ' VII. DURATION AND TERMINA~ION The minimum term of this Agree~ent shall be one (1) year, effective upon its adoption. This Agreement shall automatic~lIy extend for consecutive one (1) year terms without action of the legislative bodies of the participating jurisdictions, unless and until terminated pursuant to the terms!~of this Agreement. !I ;1 A jurisdiction may withdraw its p~rticipation in the SRT by providing written notice of its withdrawal, and serving such ootice upon each Executive Board member of the remaining jurisdictions. A notic~1 of withdrawal shall become effective ninety (90) days after service of the notice on all participating members. l, ,j The SRT may be terminated ny, a majority vote of the Executive Board. Any vote for termination shall occur only when the police chief of each participating jurisdiction is present at the meeting in which such vote is taken. VIII. GOVERNANCE The affairs of the team shall be governed by an Executive Board ("Board"), whose members are composed of the p~lice chief, or his/her designee, from each participating jurisdiction. Each member of thel,Board shall have an equal vote and voice on all Board decisions. All Board decisions sh.all be made by a majority vote of the Board members, or their designees, appearing at the meeting in which the decision is made. A majority ,L- of Board members, or their desigpees, must be present at each meeting for any actions taken to be valid. A presiding officer shall be elected by the Board together with such ,.. ' other officers as a majority of the ,Board may decide. VSRT 03-20-2007 INTERLOCAL AGREEMENT j ThE1 :.oard shall meet monthly, unless otherwise determined by the Board. The pre, id, ng officer, or any Board member, may call extra meetings as deemed ap~: 0: riate. The .presiding officer shall provide no less than forty-eight (48) hou~s notl'l e,; of all. me~tmgs to all r:n~mber~ of the Bo~rd; PROVIDE~, how~ver, that In e~~r~ . ncy Situations, the presldmg officer r:nay conduct a telephonrc meetIng or a poll of 'rdli' Idual Board members to resolve any Issues related to such emergency. Th~.., p.~:..' Iicies, regulations, and operational procedures in effect pursuant to the previous int,I',' al agreement shall be in effect without action of the Board and until such time as the~ j:, e subsequently altered by the Board. The SRT written policies, regulations, and oP~.I.'r ."Ional procedures shall apply to all SRT operations. Thus, to the extent that the wri~e J, policies, regulations, and operational procedures of the SRT conflict with the poli~i:s, regulations, and operational procedures of the individual jurisdictions, the SRT wri 1, e" policies, regulations, and procedures shall prevail.' . IX. S. AFF ! , , A ! al: ical Commander, which shall be a command level officer, shall be appointed anryu;IIY by the Board to act as the principal liaison and facilitator between the Board and I. e members of the SRT. The Tactical Commander shall operate under the dirdc~~ n of the presiding officer of the Board. The Tactical Commander shall be res~o' sible for informing the Board on all matters relating to the function, expenditures, acc,e ,.... plishments, training, number of calls that the SRT responds to, problems of the SRII.III 'i.. nd any other matter as requested by the Board. The Tactical Commander may be ire oved by action of the Board at anytime and for any reason, with or without I I, caus- Th I, .. actical Commander shall prepare monthly written reports to the Board on the actip I'; , progress, and finances of the SRT. In addition, the Tactical Commander shall bet,...,.,re: ponsible for presenting rules, procedures, regulations, and revisions thereto for Bo, r. approval. Ea11'h jurisdiction shall contribute six (6) full-time commissioned officers, which shall inc at least one (1) Sergeant or other first level supervisor, to be assigned to the sRI. Board approval must be obtained for the jurisdiction to assign less than this' stai i 'I g requirement. The personnel assigned. to the SRT shall be considered e~ I,', yees of the contributing jurisdiction. The contributing jurisdiction shall be solely an '!,: xclusively responsible for the compensa,tion and benefits for the personnel it COJI tq, utes to the SRT. All rights, duties, and obligations of the employer and the e~ I:: yee shall remain with the contributing jurisdiction. Each jurisdiction shall be ~e9 I: sible for ensuring compliance with all applicable laws with regard to employees an, ith provisions of any applicable collective bargaining agreements and civil service rul~s nd regulations. Th! ',.oard may appoint the finance department !,f a participating jurisdiction to manage thE! ij ances of the SRT. Before appointing the finance department of a particular juri d,> ction to manage the finances of the SRT, the Board shall consult with the finance de, 'I: ment of the jurisdiction and obtain its approval. The duty of managing the I' VSR . -20-2007 INT ~ R: CAL AGREEMENT finances of the SRT shall be rotated to other participating jurisdictions at the discretion of the Board. " I The Board may, at its discretiof')~, appoint one (1) or more legal advisors to advise the Board on legal issues affecting the SRT. The legal advisor(s) shall, when appropriate or when requested by the Board, consult with the legal representatives of all participating jurisdictions before rlendering legal advice. X. COMMANDANDCONTR04 '! During field activation of the SRT, an Incident Commander, SRT Tactical Commander, and SRT Team Leader(s) will be-'designated. The auties and procedures to be utilized by the Incident Commander, t~e SRT Tactical Commander, and the SRT Team Leader(s) shall be set forth in I!the standard operating procedures approved by the Board. The standard operating Rrocedures approved by the board may designate other personnel to be utilized during an incident. ! XI. EQUIPMENT, TRAINING, A~D BUDGET :1 Each participating jurisdiction shall acquire the equipment of its participating SRT members. Each participating jurisdiction shall provide sufficient funds to update, replace, repair, and maintain th:~ equipment and supplies utilized by its participating SRT members. Each participating jurisdiction shall provide sufficient funds to provide for training of its participating SRI members. The equipment, supplies, and training provided by each jurisdiction to its personnel participating in the SRT shall, unless otherwise determined by the Board, be equal to those provided by the other parti~lpating jurisdictions. Each member jurisdiction shall maintain an independent budget system to account for funds allocated and expended b% its participating SRT members. " I' The Board must approve any joint capital expenditure for SRT equipment. ~. XII. DISTRIBUTION OF ASSET~ UPON TERMINATION Termination shall be in accordalilce with those procedures set forth in prior sections. Each participating jurisdiction shall retain sole ownership of equipment purchased and provided to its participating SRT~embers. ." ... Any assets acquired with joint f\!lnds of the SRT shall be equally divided among the , ~ participating jurisdictions at the asset's fair market value upon termination. The value of the assets of the SRT shall be Qetermined by using commonly accepted methods of valuation. If two (2) or more partieipating jurisdictions desire an asset, the final decision shall be made by arbitration (d~scribed below). Any property not claimed shall be declared surplus by the Board arid disposed of pursuant to state law for the disposition of surplus property. The proce1~s from the sale or disposition of any SRT property, after payment of any and all costs of sale OJ debts of the agency, shall be equally distributed to those jurisdictions '[participating in the SRT at the time of dissolution in I ' VSRT 03-20-2007 INTERLOCAL AGREEMENT Ii pro1pqhion to the jurisdiction's percentage participation in the SRT as of the date of diSff..lo~",ution. In the event that one (1) or more jurisdictions terminate their participation in theIIS,RT, but the SRT continues to exist, the jurisdiction terminating participation shall be ~ J~med to have waived any right or title to any property owned by the SRT or to Sh1(8!1 i~ the proceeds at ~he ti~e of dissolution. ' Aroitr tlon pursuant to this section shall occur as follows: A. The jurisdictions interested in an asset shall select one (1) person (Arbitrator) to determine which agency will receive the property. If the jurisdictions cannot agree to an Arbitrator, the chiefs of the jurisdictions participating in the SRT upon dissolution shall meet to determine who the Arbitrator will be. The Arbitrator may be any person not employed by the jurisdictions that desire the property. ' B. During a meeting with the Arbitrator, each jurisdiction interested in the property shall be permitted to make an oral and/or written presentation to the Arbitrator in support of its position. C. At the conclusion of the presentation, the Arbitrator shall determine which jurisdiction is to receive the property. The decision of the Arbitrator shall be final and shall not be the subject of appeal or review. XIII I lABILITY, HOLD HARMLESS, AND INDEMNIFICATION It iJ t~13 intent of the participating jurisdictions to provide services of the SRT without the thr~a~: of being subject to liability to one another and to fully cooperate in the defense of an~. ~I~ims or lawsuits arising out of or connected with SRT actions that are brought again!: t the jurisdictions. To this end, the participating jurisdictions agree to equally shdrd1ii responsibility and liabilitY for the acts or omissions of their participating personnel . wh~n i'acting in furtherance of this Agreement. In the event that an action is brought ag~.!linl"..' t any of the participating jurisdictions, each jurisdiction shall be responsible for an I I' ' eq~J:.ali.:.lshare of any award for or settlement of claims of damages, fines, fees, or costs, reglfrf less of which jurisdiction or employee the action is taken against or which juriSdl,,~tion or employee is ultimately responsible for the conduct. The jurisdictions shall shd. 81l,eqUallY regardless of the number of jurisdictions named in the lawsuit or claim or theln :.mber of officers from each jurisdiction named in the lawsuit or claim. This section sh9.1 e subject to the conditions and limitations set forth in subsections A through G bel~v . A. Jurisdiction Not Involved In SRT Response. In the event that a jurisdiction or its personnel were not involved in the SRT response to the incident that gives rise to a claim or lawsuit, and judgment on the claim or lawsuit does not, in any manner, implicate the acts of a particular jurisdiction or its personnel, such jurisdiction shall not be required to share responsibility for the payment of the judgment or award. B. Intentionally WronQful' Conduct Beyond the Scope of Employment. Nothing herein shall require, or be interpreted to require indemnification or VSR 0 '. 20-2007 INTEibL.. CAL AGREEMENT I sharing in the payrpent of any judgment against any SRT personnel for intentionally wrongful conduct that is outside of the scope of employment of any individual d~ for any judgment of punitive damages against any individual or jurisdiCtion. . Payment of any award for punitive damages shall be the sole responsibility of the person or jurisdiction that employs the person against whom such award is rendered. ., I C. Collective Represemtation and Defense. The jurisdictions may retClin joint legal counsel to coilectively represent and defend the jurisdictions in any legal action. Those jurisdictions retaining joint counsel shall share equally the costs of such r~presentation or defense. In the event a ju~isdiction does not agree to joint representation, the jurisdiction shall be:, solely responsible for all attorneys fees accrued by its individual representption or defense. The jurisdictions and their respective defense counsel shall make a good faith attempt to 900perate with other participating jurisdictions by, including but not limited to, providing all documentation requested, and making SRT merTipers available .for depositions, discovery, settlement conferences, strategy meetings, and trial. ," I , D. Removal From Lawsuit. In the event a jurisdiction or employee is successful in withdr.awing or removing the jurisdiction or employee from a lawsuit by summ~,ry judgment, qualified immunity, or otherwise, the jurisdiction shall nqnetheless be required to pay its equal share of any award for or settlerinent of the lawsuit; PROVIDED, however, that in the event a jurisdictio.r or employee is removed from the lawsuit and subsection (A) of this section is satisfied, the jurisdiction shall not be required to pay anYishare of the award or settlement. " E. Settlement Process'. It is the intent of this Agreement that the jurisdictions act in good faith :Ion behalf of each other in conducting settlement negotiations on Ha~ility claims or lawsuits so that, whenever possible, all parties agree with the settlement or, in the alternative, agree to proceed te trial. In the event i~ claim or lawsuit requires the sharing of liability, no individual jurisdicti~n shall be authorized to enter into a settlement agreement with a claimant or plaintiff unless all jurisdictions agree with the terms of the settlement. Any settlement made by an individual jurisdiction without the agreem:Emt of the remaining jurisdictions, when required, shall not relieve the settlthg jurisdiction from paying an equal share of any final settlement or award. iI , F. Defense Waiver. Fhis section shall not be interpreted to waive any defense arising out.;of RCW Title 51. II , G. Insurance. The f~Jlure of any insurance carrier or self-insured pooling organization to agr~e to or follow the terms of this section shall not relieve ,I, any individual jurisdiction from its obligations under this Agreement. VSRT 03-20-2007 ,I INTERLOCAL AGREEMENT ! Xlr OTICE OF CLAIMS, LAWSUITS, AND SETTLEMENTS em I , ees for actions arising out of their conduct in support of SRT operations, the juri' df tion shall promptly notify the other jurisdictions that the claim or lawsuit has been initil t:, d. Any documentation, including the claim or legal complaints, shall promptly be prol i" d to each participating jurisdiction. . An .' j I: risdiction or member who believes or knows that another jurisdiction would be lia~ e or a claim, settlement, or judgment that arises from a SRT ~ction or operation, sh~ I . ave the burden of notifying each participating jurisdiction of all claims, lawsuits, se~ e: ents, or demands made to that jurisdiction. In the event a participating juri d I' tion has a right, pursuant to section XIII of this Agreement, to be defended and hel!, I.. rmless by another participating jurisdiction, the jurisdiction having the right to be def: n: ed and held harmless shall promptly tender the defense of such claim or lawsuit to t. e urisdiction that must defend and hold the other harmless. xvJ PROCESSING OF CLAIMS. A. Designation of Lead Jurisdiction. There shall be a lead jurisdiction for processing a claim that is filed with and against cities for alleged damages and injuries that occur as a result of SRT activities. The lead jurisdiction shall be the jurisdiction within which the SRT response occurred; PROVIDED, that in the event the jurisdiction within which the SRT response occurred did not participate in the SRT response, the lead jurisdiction shall be the jurisdiction within which the incident that required the SRT response originated. In the event that a jurisdiction that was not involved in the SRT response receives the claim, that jurisdiction shall notify the other jurisdictions in accordance with Section XIV of this Agreement, and shall use its best efforts to determine who is the appropriate lead jurisdiction. B. Assistance of Tactical Commander. The SRT Tactical Commander shall assist the lead jurisdiction in responding to a claim. The SRT Tactical Commander shall be responsible for gathering all records relating to the SRT response. These records shall include, but are not limited to, incident reports, notes, transcripts, photos, evidence logs, recorded statements, documents from emergency dispatch centers, and warrants from all jurisdictions that participated in the SRT response. The Tactical Commander shall also provide a list of personnel who participated in the response and their contact information. The Tactical Commander shall deliver all copies of the records to the lead jurisdiction promptly upon request. ) C. Claims of $5,000 or Less. i. Lead Jurisdiction Responsibilities. VSR 03,! 0-2007 INTE' L I AL AGREEMENT I, The lead N~risdiction shall be responsible for working with the Tactical Commander to gather records relating to the SRT ,I response. liThe lead jurisdiction shall provide records to its insurance provider and shall assist its insurance provider in assessing li'~bility for acts associated with the claim. The lead jurisdiction shall notify the other jurisdictions of any determinations as to liability\. In'determining whether a claim should be paid, the lead jurisdiction and its insurance provider shall, at a minimum, I. consider the'l potential legal defenses to the claim and the costs of defending th1e claim. I :1 ii. Liability Determination - Apportionment of Damages. The lead jurisdiction, with the assistance of its insurance provider and risk m~hager, shall determine whether the SRT is liable for damages se~ forth in a claim, and whether the payment of the claim would be in (he best interest of the jurisdictions and/or the SRT. In the event the; lead jurisdiction determines that payment of a claim is appropriate,:, such determination shall be final and binding upon other jurisdl'ctions and payment shall be apportioned equally among all jurisdictions that participated in the SRT response. The insurance p.[ovider for the lead jurisdiction shall provide full payment to the claimant, and each jurisdiction that participated in the respons~ shall reimburse the insurance provider for its equal share of such payment. .1 I Prior to thel! payment of any claim, and as a condition of such payment, th~ insurance provider providing payment shall obtain from the clai,rnant a complete and total release of liability on behalf of all jurisdiCtions participating in the SRT and each and every officer, agent. or volunteer of those participating jurisdictions. In the event: the lead jurisdiction determines that the SRT is not liable for damages set forth in a claim or that the payment of the claim would not be in the best interest of the jurisdictions and/or the , SRT, the lead jurisdiction shall notify the other jurisdictions of the determinatio'~, and such determination shall be binding on the other jurisdictions;i: PROVIDED, that another jurisdiction that determines that paymerl~ is appropriate may pay such claim in full, and shall not seek reimbursement from the other participating jurisdictions. !I iii. Letter Fromj:lnsurance Adjus~ers. In the event, a lead jurisdiction, in conjunction with its insurance provider, determines that payment of a claim is appropriate, the insurance p'r0vider shall provide each of the participating jurisdictions With a letter stating the determination and the bases for such determination. VSRT 03-20-2007 INTERLOCAL AGREEMENT D. Claims over $5,000. i. Lead Jurisdiction Responsibilities. The lead jurisdiction shall schedule a meeting with all jurisdictions participating in the SRT to discuss the claim and to determine the appropriate manner in which to respond and/or defend the claim. The Board and persons listed in Section XVII of this Agreement shall be notified of the meeting. XVI PROCESSING OF LAWSUITS. A. Notification to Other Jurisdictions. In the event a jurisdiction is served with a lawsuit. that jurisdiction shall provide notice and documentation of the lawsuit to each of the other jurisdictions in accordance with Section XIV of this Agreement. B. Coordination of Initial Meeting.' The jurisdiction that initially receives a lawsuit shall schedule a meeting with all of the jurisdictions participating in the SRT to discuss the lawsuit and to determine the appropriate manner within which to respond and/or defend the lawsuit. The Board and persons listed in Section XVII of this Agreement shall be notified of the meeting. XVII. NOTIFICATION OF CLAIMS AND LAWSUITS. Section XIV of this Agreement requires that the jurisdiction receiving a claim or lawsuit notify the other jurisdictions of the claim or lawsuit and provide documentation of that claim or lawsuit to the other jurisdictions. Nothing in this Agreement shall be deemed a waiver by any participating jurisdiction of the requirements set forth in Chapter 2.96 RCW, and the fact that a participating urisdiction provides notice or copies of a claim to another jurisdiction shall not be deemed compliance with the requirement that a party who files suit against a urisdiction first file a claim with the jurisdiction in accordance with Chapter 2.96 RCW. Moreover, nothing in this Agreement shall be deemed acceptance of service of a lawsuit, and the fact that a participating jurisdiction provides notice or copies of a lawsuit to another jurisdiction shall not be deemed adequate service of such lawsuit in accordance with the State or Federal Rules of Civil Procedure or the Revised Code of Washington. For the purposes of implementing Section XIV of this Agreement, the following persons from each jurisdiction shall receive any required notification or docu mentation: Auburn: Kent: Auburn City Attorney 25 West Main Street Auburn, WA 98001 (253) 931-3030 Kent City Attorney 220 4th Avenue South Kent, W A 98032 (253) 856-5781 VSRTj oJ!. 0-2007 INTE. U~AL AGREEMENT Auburn Police Chief 101 N. Division Auburn, WA 98001 (253) 931-3080 , ;\. :~ ,\1 :,: :1 'I Auburn Human Resources Director/Risk Manager 'l~ \. 25 West Main Street Auburn, WA 98001 (253) 931-3040 '... i" ,it Auburn City Clerk 25 West Main Street Auburn, WA 98001 (253) 931-3039 'I. '\ :" " \. " :1, \1 !~, '~ \. :" I; Des Moines City Clerk I~ 21630 11th Avenue sout~, Suite A Des Moines, W A 98198:,~ Des Moines: I... , , Des Moines City Attorne~ 21630 11th Avenue Soutta-, Suite C Des Moines, W A 98198:~ . .. Des Moines Risk Manager 21630 11th Avenue Sout~ Suite_ Des Moines, WA 98198.;. I', , " " Port of Seattle: :. Port of Seattle Claims Ma.nager P.O. Box 1209~. Seattle, WA 98111 ,'"" "I " Tukwila: " 't. '~ 'I, 'I City Clerk: City of Tukwila :~ 6200 Southcenter Blvd.: Tukwila, W A 98043i , VSRT 03-20-2007 INTERLOCAL AGREEMENT Kent Risk Manager 220 4th Avenue South Kent, W A 98032 (253) 856-5285 Kent City Clerk 220 4th Avenue South Kent, W A 98032 (253) 856-5728 Kent Police Chief 220 4th Avenue South Kent, W A 98032 (253) 856-5888 Federal Way: Federal Way City Clerk P.O. Box 9718 Federal Way, WA 98063 Federal Way City Attorney P.O. Box 9718 Federal Way, WA 98063 Renton: Renton Risk Manager 1055 So. Grady Way Renton, WA 98055 ClAW: Director of Claims Canfield & Associates, Inc. 451 Diamond Drive Ephrata, W A 98823 WCIA: Claims Manager WCIA P.O. Box 1165 Renton, WA 98057 XVII. COMPLIANCE WITH THE LAW ThJ T and all its members shall comply with all federal, state, and local laws that I app' y 0 the SRT. . XI' LTERATIONS . Thi ,reement may be modified, amended, or altered by agreement of all participating juri~ld': tions and such alteration, amendment, or modification shall be effective when red 01", d to writing and, executed in a manner consistent with paragraph XXIII 'of this A I ' g~ e ent. xxJ : ECORDS . . . Ealh I, urisdiction shall maintain' training records related to the SRT for a minimum of sev: 'i (7) years. A copy of these records will be forwarded and maintained with the de~ g i, ated SRT Training Coordinator. . All records shall be available for full inspection ana c' pying by each participating jurisdiction. I XXII ,ILlNG . Upaln execution hereof, this Agreement shall be filed with the city clerks of the res?e tive participating municipalities, and such other governmental agencies as may be Pe I ired by law. . XXI![ EVERABILlTY. .If J1 part, paragraph, section, or provision of this Agreement is held to be invalid by an~ c:, urt of competent jurisdiction, such adjudication shall not affect the validity of any remai ing section, part, or provision of this Agreement. XXII. MUNICIPAL AUTHORIZATIONS Thi~ reement shall be executed on behalf of each participating jurisdiction by its duly aut~o I ~ed representative and. ~urs~an~ t~ a~ ~ppropria.te r~solution or ordinance of the govlrr Ing body of each participating JUrisdiction. ThiS Agreement shall be deemed effeft.., e upon the last date of execution by the last so authorized representative. This AgrIFe;' ent may be executed by counterparts and be valid as if each authorized repe.. ntative had signed the original document. I: I: VSR u 0 .' 0-2007 INTE~L<D AL AGREEMENT ! 'I By signing below, the signor c~ertifies that he or she has the authority to sign this Agreement on behalf of the jurisdiction, and the jurisdiction agrees to the terms of this Agreement. Mayor, City of Auburn Date City Attorney, City of Auburn Date City Clerk, City of Auburn Date I I, Mayor, City of Des Moines .. Date City Attorney, City of Des Moines I " City Clerk, City of Des Moines :t. Date Mayor, City of Renton ,. Date City Attorney, City of Renton , City Clerk, City of Renton Date 'i Mayor, City of Tukwila " Date City Attorney, City of Tukwila City Clerk, City of Tukwila Date Mayor, City of Kent Date City Attorney, City of Kent , Ii II City Clerk, City of Kent Date City Manager, City of Federal Way I. Date City Attorney, City of Federal Way .j II City Clerk, City of Federal Way I~ Date ,J '1 Executive Director, Port of Seattle !. Date Port Counsel, Port of Seattle :' Date Date Date Date Date Date P: \Civil\Files\Open Fi les\0706\SRT -lnferlocal-2007. DRAFT .doc \ ,i " . 'I " ~ I I YSRT 03-20-2007 INTERLOCAL AGREEMENT i: cour,c ..,... MEETING DATE: June 19, 2007 ITEM #:_ -'-----'----''f--'-'---''--'-'-''-'-''----''''---'-'--------------,,----------------,-------'--'--""'-- CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJE! Tf Interlocal Cooperative Agreement among the participating Law Enforcement Agencies formi~g "Regional Automated Information Network (RAIN) POLlC: U: UESTION: Should the City of Federal Way / Federal Way Police Department remain a member of the Regi0111;' utomated Information Network (RAIN)? . COM~ TEE: Parks, Recreation, and Public Safety Council Committee MEETING DATE: June 12, 2007 I " CA TEe! o '.IV: IZI d ~~: ent 0 Ordinance D Public Hearing D ~ t~!:~o..ncil Business D Resolution D Other ,~_!.~f.!_,~J ,.PO~'!'__~X,:___!:~~,!!~_~,:_~,!,!,~_~".t.~,~M, C~t.~>_''''~~~~~_~____,__'''____,___,,~~P!.~,~~!!..:~_,~~!~:::~,___,_,,_,_,,_,__ "'_"',_ Attacll rn ~ts: 1. PRI ~~,~PS Memo 2. Inti r1 '~al Cooperative Agreement among the participating Law Enforcement Agencies forming a Regional AU~.O. ated Information Network (RAIN). . Option I, onsidered: ' I I 1. Ac, e~! RAIN Inter-Local Agreement 2. Rej c~. Agreement "-,--,,,-----f.'-:: ---,----,--,-,-"-,,,-,-----,---,----------,,---,,--,,-,-------,---,,-----,--'-"'-----"""'-""----""-- STAFF 1tI r-OMMENDATION: Staff recommends Option l. CITY l' A AGER ApPROVAL: /1;J} (" C~lee DIRECTOR ApPROVAL: Council Committee Council COMM T ~E RECOMMENDATION: PRPS recommends Option_ :t;ommittee Chair Committee Member Committee Member PROP S D COUNCIL MOTION: ItI move approval of the Interlocal Agreement among the participating Law Enfor), ell)mt Agencies forming a Regional Automated Information Network (RAIN), and authorize City Mana]e ; Neal 1. Beets or designate Chief Brian 1. Wilson, to sign such Agreement. " I I COUNCI A: TION: I _I' o A~r"': VED o DE~I J> o T ~~I : DIDEFERREDINO ACTION I ': o M~ V ,P TO SECOND READING (ordinances only) REVISED. 10612006 (BELOW TO BE COMPLETED BY CITY CLERKS OFFICEI COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # - CITY OF FEDERAL WAY CITY COUNCrr... COMMITTEE STAFF REPORT Dl 1"1. . June 12, 2007 Td ~, . Parks, Recreation, Human Services & Public Safety Council Committee I Neal J. Beets, City Manager fE) v~ FR )~ Brian J. Wilson, Chief of Police SU )J CT: Inter-Local Agreement among the participating Law Enforcement Agencies forming a Regional Automated Information NetWork (RAIN) Bac (~ ound The F deral Way Police Department has been a member of the Regional Automated Information Netl VI . k (RAIN) since 2005 and is requesting authorization to continue it's participation in RAI N RAIN connects automated records management systems to: protect the public by assisting law el. ,orcement in solving and preventing crimes and acts of terrorism; protects law ~r ment officers by giving them information important to their safety while out on our streets and .1 hways; connects to other parts of the Criminal Justice System for increased effectiveness and e ciency; and connects to other regional, state, and national information systems. Eao ency bears its own costs in maintaining and modifying its own information technology sys~ :no to be compatible with RAIN I I I I I 1 -- INTER-LOCAL AGREEMENT AMONG THE PARTICIPATING LAW ENFORCEMENT AGENCIES FORMING A REGIONAL AUTOMATED , , INFORMATION NETWORK (RAIN) y ring Inf~rmad.on ~I J PARTICIPATING AGENCIES ','; participating agencies to this agreement are the: ~, urn Police Department [:1 , ' ona Police Department I e!. evue Police Department I I, k Diamond Police Department , " ell Police Department 1: de Hill Police Department Moines Police Department " all Police Department 5,: claw Police Department 'I: eral Way Police Department S1',i, quah .Police Department 1 t Pollee Department . i g County Department of Adult and Juvenile Detention . g County Sheriff's Office and its Contract Cities .' and Police Department Ie Forest Park Police Department ~, ina Police Department ~; cer Island Department of Public Safety I, 1 andy Park Police Department I I" ific Police Department : <I, of Seattle Police Department I '1 ond Police Department I I ton Police Department " " ttle Police Department I I' , 'qualmie Police Department . wila Police Department : versity of Washington Police Department PURPOSE participating agencies desire to enter into an Inter-Local Agreement (ILA) to IS' blish and maintain a Regional Automated Information Network (RAIN) that connects U'I mated records management systems to: , 1. Protect the public by assisting law enforcement in solving and preventing crimes and acts of terrorism. 2. Protect law enforcement officers by giving them information important to their safety while out on our streets and highways. 3. Connect to other parts ofthe Criminal Justice System for increased effectiveness and efficiency. 4. Connect to other regional, state, and national information systems. ILA - 2007 il ii' I c. DURATION This agreement shall commenc~lon the date it is executed by the second participating agency to execute the agreement: and shall continue until terminated as provided herein. ,I 'I I, D. AGENCY RESPONSIB.ILITIES " 1. Each fully participati~g agency shall bear the following financial obligations: . Maintaining its own costs and, if necessary, modifying its own information technology systems so that it is compatible and can communicate:iwith RAIN. · Maintaining its own RAIN servers and peripherals, if any, and replacing thedl as they go out of warrantee and/or malfunction. · Paying its financial assessment on shared costs. This assessment (see attachment d), includes costs common to all RAIN agencies and is subject to annual revision. 2. Provider~on1y agenci~s shall not be assessed financial obiigations. For example, the King County Department of Adult and Juvenile Detention (DAJD) has agreed to provide jaillbooking photos in direct support of RAIN facial recognition functionality and that is the extent of their current involvement. As a provider-only RAIN age~cy, DAJD will not be assessed charges for either implementation or for on~going maintenance. Grant funds will cover the implementation costs and maintenance fees will be shared by full participating RAIN agencies as outlined in this governing ILA. Should DAJD, at a later date, successfully petition the governance board to become a fully participating RAIN agency, this exemption w~ll expire and they will be required to share maintenance fees as again outlined in t~is governing ILA. II I, 3. Each participating agency shall adopt this Inter-Local Agreement holding other RAIN participants ,tharmless for that agency's negligent acts or negligent omissions related to the :~ystem. The hold harmless provisions are set forth in Appendix A. In the eve~t that a participating agency is not able to get approval for the Inter-Local Agreement, that agency will no longer be a participating agency in the RAIN syst~tn. I 4. King County Sheriff'~ Office Disclaimer: The King County Sheriff's Office agrees to be the host for the RAIN UDDI server and in that role will operate and maintain the server. T~~ King County Sheriff's Office does not make any guarantees, warranties, or promises the server will be operational at all times or will not suffer from an)'! failures or malfunctions. Other participating agencies recognize the RAIN UD@I server is intended to provide information to agencies to assist and supplement [their investigations but is not intended to be the sole or primary source of inforIlfation to investigate a suspect or crime. Access to the RAIN UDDI server is not intended to take the place of other means of accessing information to investigate suspects or crimes. The King County Sheriff's Office also does not control ~r guarantee the accuracy, relevance, timeliness, or completeness of the infoqnation or documents other participating agencies create RAIN ILA - 2007 and maintain, as noted in section E: 1 of this Inter-Local Agreement. The King County Sheriffs Office also does not bear any responsibility for ensuring or auditing other participating agencies abide by the ACCESS and SECURITY provisions of this Inter-Local Agreement. I . OWNERSHIP, ENTRY, AND MAINTENANCE OF INFORMATION 1. Each participating agency retains sole ownership, exclusive control, and responsibility for the information it chooses to share with RAIN, except as provided in paragraph J. All system entries will be clearly marked to identify the contributing party. 2. The contributing party has the sole responsibility and accountability for ensuring compliance with all applicable laws, regulations, policies, and procedures applicable to the party's entry and sharing of information with RAIN, except as provided in paragraph J. 3. Each agency has agreed to share only police records, crime data, and investigative reports with RAIN. This system is not for intelligence information, e.g. reports from confidential informants. I . ACCESS TO AND USE OF INFORMATION 1. Each participating agency connected and contributing to RAIN agrees to permit the access, and use of such information by every other partner under the provisions of this Inter-Local Agreement. 2. Agencies that are not connected to RAIN and are not parties to the ILA are not authorized to access RAIN. Only law enforcement agencies may become fully participating RAIN agencies. 3. All parties will have access via a secure Internet connection to the information in RAIN. Each agency is responsible for providing its own internet connectivity. 4. A party may only a~cess RAIN when it has a legitimate, official need to know the information for an authorized law enforcement, counter terrorism, public safety, and/or national security purpose, after receiving training on system use. 5. An accessing party may use RAIN information for official matters only. 6. RAIN information may not be disseminated without first obtaining permission of each party that contributed the information, in accordance with and to the extent permitted by applicable law. 7. RAIN includes an audit capability that will log all user actions, including queries executed, and responses. ILA - 2007 8. Nothing in this Inter-Local Agre'ement is intended to restrict the ordinary sharing of information between law enforcement agencies whether or not those agencies are m~bers of RAIN. G. SECURITY 1. Each participating agency will be responsible for designating those employees who have access to $IN. This system has been developed with the capability . to record each use of the system, including the identity of the individual accessing the systeIQ., and the time of the access to the system, and the information queried. :: 2. Each party is respon~ible for training those employees authorized to access RAIN regarding the~se and dissemination of information obtained from the system. Specifically~ employees should be given a clear understanding of the need to verify the r~liability of the information with the contributing party before using the infoipIation for purposes such as obtaining warrants. :1 I H. GOVERNANCE 'I :1 An Executive Board, composedltof the Sherift7Police Chiefl Agency Executive, or his/her designee, from each participating agency, shall govern the affairs of RAIN. Each member of the Executive Board shall hav.e an equal vote and voice on all board decisions. Unless otherwise provided, Roberts Reyised 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 o~er officers as a majority of the Board may determine. The presiding officer, or any board member, may call sessions as necessary. For a meeting to occur, a simple majo~ty of the Executive Board (quorum) must be present. A simple majority of those present shaH be required for passage when the Board votes on any matter. A tie vote does notlpass the matter. In emergency situations, the presiding officer may conduct a telephone ;poll of Board members to resolve any issues. I. COMMITTEES 'I II , 1. The Executive Boarq shall designate committees such as Users, Technical, and Legal Committees, as needed or appropriate. !! 2. The presiding officef~ of the committees shall transmit recommendations to the presiding officer ~f the executive board and meet with himlher as needed or appropriate. " ] J. DISCLOSURE REQlTF{STS A participating agency that rec~'ives a request for documents that the receiving agency interprets to include RAIN docUments, (e.g., public disclosure, subpoena duces tecum, civil or criminal discovery moti8n) shall be responsible for responding to the request. If the receiving agency determin~s the law requires release of all or part of a RAIN document contributed by anotper participating agency, the receiving agency shall promptly forward a copy of the: request to the contributing agency, notify that agency RAIN ILA - 2007 ,ch documents or parts of documents the receiving agency intends to release, and r. . . de the contributing agency a reasonable period of time to obtain a court order r " 'enting the release of the RAIN documents or parts of documents. The receiving ~.. ncy shall determine what time period is reasonable given the applicable law and any I. ~lines established by law or the court to respond to the request. For purposes of this ,: 'graph J, a RAIN document includes any writing that can be printed or electronically t :: ed from the RAIN network containing information relating to the conduct of oernment of the receiving agency or the performance of any governmental or f'" rietary function prepared, owned" used, or retained by the receiving agency. A , IN document relating to a governmental function is 'used' by the agency if it is applied I 01 given purpose or instrumental to an end or process. The receiving agency shall not be I'o..~idered to have used, owned retained or prepared a RAIN document merely because I h ' ,RAIN document is accessible to the receiving agency through the Regional I I omated Information Network. I ' TERMINATION " minimum term of this Agreement shall be one (1) year. This Agreement shall ~ u' matically be extended for consecutive one (1) year terms, unless terminated pursuant to"", e terms of this Agreement, or when the maint,enance for the system funded by the , .' t for RAIN expires. I .i . sdiction may withdraw its participation in RAIN by providing written notice of its I . i' 'arawal, and serving such notice upon each Executive Board member. A notice of Ii: drawal shall become effective thirty (30) days after service of the notice. may be terminated by a majority vote of the Executive Board. Any vote for ination shall occur only after notice has been given to the police chief or sheriff of participating jurisdiction. Date: ILA - 2007 ... APPENDIX A II Language f~r Interlocal Agreement on Hold Harmless I I 'I II Insurance. Liability: Each Coop:rrating Agency shall be responsible for the wrongful or negligent actions of its employees arising out of performance of this agreement as their respective liability shall apply ~der the laws of the State of Washington and/or Federal law and this Agreement is not in~ended to diminish or expand such liability. !I To that end each Cooperating A&ency promises to hold hannless and release all other participating Agencies from anyloss, claim or liability arising from or out of the negligent, tortious action(s) or in~ction(s) of its employees, officers and officials. Such liability shall be apportioned am0ng the parties or other at fault persons or entities in . accordance with the laws of the $tate of Washington. 'I i Nothing herein shall be interpreted to: h II a. Waive any defense arl.sing out ofRCW Title 41. b. Limit the ability of a participant to exercise any right, defense, or remedy which a party may hC\ye with respect to third parties or other Officer(s) whose action(s) or inaction give rises to loss, claim or liability including but not limited to an assertiort that the Officer(s) was acting beyond the scope of his IL or her employment. ~~ . " c. Cover or require indemnification or payment of any judgment against any individuals or Agency for intentionally wrongful conduct outside the scope of employment of any individual or Agency. Payment of punitive damage awards, fines or sanctions shall be the sole responsibility of the individual against whom said juclgment is rendered and/or his or her municipal employer, should that employerl~lect to make said payment voluntarily. This Agreement does not require indequufication of any punitive damage awards or for any order imposing fines or sanctions. '., :1 'I RAIN ILA - 2007 APPENDIX B RAIN Security System . e uri Roles and Res onsibilities .cy: ~ Chief of Police for each participating agency in RAIN is responsible for establishing I p "ropriate RAIN security control. Security control is defined as the ability to set, :ntain, and enforce: . '1 1. Standards for the selection, supervision, and termination of system access; and 2. Policy governing the operation of computers, access devices, circuits, hubs, router, firewalls, and other components that make up and support a telecommunications network and related RAIN system used to process, store, or transmit law enforcement and investigative information, guaranteeing the priority, , integrity, and availability of service needed by the criminal justice community. I o.'cy: I Ii, RAIN Governance Board is respoosible for developing and maintaining the RAIN Ie. . ty policy. The RAIN Governance Board is not responsible for overseeing the e. . ty of participating agency systems, other then to act as a resource for each agency to make decisions relating to apparent violations of the RAIN Security Policy, when become known. e; sonnel Back round Screenin I ,I j' kground: . "h participating agency in RAIN is member of an information sharing network that . 'res a security clearance for all who access to the system. State and Federal Laws r ,< 'bit or restrict public access to and dissemination of Database Records. Access to e Database Records is therefore controlled by security authorizations. RAIN wishes , [otect the security and proper use of the Database Records by performing Security stigations on non Department employees or contractors who have or seek to have ss to Database Records. 10.97.050(3) provides that criminal justice agencies can access criminal history I e ",rd information that includes non conviction data for any purpose associated with the d "inistration of criminal justice. RCW 43.89.010 establishes the Central Computerized . rcement Services System (ACCESS) and limits its use exclusively to the official I u ness of the state, and the official business of any city, county, city and county, or I t, public agency. The Washington State Supreme Court has recognized that a law I n rcement agency has a legitimate interest in ensuring a high level of trustworthiness I 'personal integrity in those individuals who would have access to Database Records u . to the sensitive information accessible from those records and the unique potential I : ~. ers inherent to compromised information during ongoing criminal investigations and I law enforcement activities. ILA - 2007 ~ Policy: State and national fingerprint-ba:$ed record checks must be conducted within 30 days upon initial employment or assignment for all law enforcement non agency personnel, including appropriate IT or contractor personnel, having access to RAIN systems. The ,I, minimum check must include submission of a completed applicant fingerprint card to the appropriate state or federal identification bureau. When a record of any kind is found, access will not be granted until the Chief of Police can review the matter to decide if access is appropriate. .: Before s;stem access is granted;; fingerprint comparison or other positive means must establish the identification of the non-agency applicant. The Chief of Police shall determine whether the informati'~n obtained from the fingerprint-based record check demonstrates that the individual;has honesty and has not committed crimes and as'sociated with criminals, where~the information contained on the Database Records would present an unacceptable risk of misuse of said records. The Chief will consider the following factors in his/her deci~on making process: :~ Criminal conVictions: " '! 'I 1. Does the crime(s) go to qne's honesty, integrity, tendency to associate with other criminals (for example. ~heft, forgery, sale of illegal drugs for profit, computer . )? .. comes .: 2. The seriousness of the crime. . I". 3. Applicants age when the'Fme was committed. 4. How long ago the crime(~) was committed. " I Arrests: 1. Does the arrest(s) go to ope's honesty, integrity, tendency to associate with other criminals? I 2. Whether the applicant di~closed the arrest. 3. The applicant's explanation for the arrest. 4. Other information that m,~y tend to show whether the acts for which the person was arrested would demqnstrate an unacceptable risk to allow applicant access to Database Records. 5. Applicants age when arr~sted. 6. How long ago the applic~t was arrested. ' 'I Revocation: When the Chief of Rolice becomes aware of an employee with a security clearance is arrested for a crime 'or is alleged of misconduct. The Chief of Police will temporarily suspend the security I clearance pending a fact finding investigation. The Chief of Police may revoke the s~curity clearance upon a showing of any event that would have resulted in an initialidenial of the clearance. . Phvsical Security Policy: RAIN ILA - 2007 I ',ncies must assume responsibility for and enforce the system's security standards with Ie' d to all agencies and users it services. The local agency must have adequate physical : e ': . ty to protect against any unauthorized access to RAIN servers, computer terminals, . c, ss devices, or stored/printed data at all times. Sites include vehicles housing Mobile 'a Terminals. ~ o . cy: I: h agency Chief, by signing the Inter-Local Agreement agrees to confonn to RAIN I y. em security policy and procedures. f" ': ' -criminal justice governmental agencies designated to perform criminal justice I u' ort services such as dispatching functions or data processing/information services for II .'minal justice agency are eligible for RAIN records information systems access. tl -criminal justice governmental agencies are permitted access to RAIN systems if t 'orized pursuant to statote, regulation, ordinance, or interagency agreement. 11 non-criminal justice agencies accessing RAIN systems will be subject to all RAIN :' p ational policies, rules, and regulations. Security control responsibility must remain I i" the sponsoring criminal justice agency. 'ate contractors or vendors are permitted access to RAIN data pursuant to a specific i :, ement for the purpose of providing services for the administration of criminal justice ~ uant to that agreement. -(1\1 RAIN member agencies shall provide security awareness briefing to all personnel .uv have access to RAIN information. The goal of these briefings is to ensure that , onnel are made aware of: , ' . istrative Securi . threats, vulnerabilities, and risks associated with accessing RAIN systems; . what requires protection; I. information accessibility, handling, marking, and storage considerations; . physical and environmental considerations; . system, data, and access controls; · contingency plan procedures; . secure configuration control requirements; · social engineering practices; and . responsibility to promptly report security violations to the Chief of Police. Monitorin ccess attempts are logged and/or recorded and are subject to routine audit or review etection of inappropriate or illegal activity. " :' Security-related incidents that impact RAIN d~ta ~r communications circuits shall be reported to the RAIN Govemanc.e Board. Major violations (for example. Those that significantly endanger the securi'ty or integrity ofthe agency's system or personnel) must be immediately communicated t~ the RAIN Governance Board. ,I d ,. Disposal of Media Policy: All data associated with law enfd,rcement records stored in the RAIN system shall be securely stored and/or disposed of in an approved manner to prevent access by unauthorized personnel. ' RAIN ILA - 2007 APPENDIX C Rules for Use of Data from RAIN ,IN is an investigative tool, not a Records Management System. RAIN should be cl, essed only for a law enforcement purpose. It allows you to search shared data from icipating agencies, but is only one element in effective law enforcement for building investigative case. Each participating agency maintains ownership of its own data. efore, the following rules apply: 'All attempts to access data through RAIN are recorded in system logs and are subject to routine audit or review for detection of inappropriate or illegal activity. A hit through RAIN is not probable cause for arrests, searches and seizures, or court testimony; but it indicates that information exists in the RMS of an identified agency. You must have original documents from the originating agency prior to using any information obtained through RAIN for any proceedings requiring court testimony. -Any information intended for use in a criminal record or case must be validated through the originating agency for accuracy and completeness. r. . ~Security-related incidents that impact RAIN data or communications shall be 'immediately reported to your Chief, who will report them to the RAIN Governance ~oard. ,All data retrieved from law enforcement records stored in the RAIN system shall be securely stored and/or destroyed in an approved manner to prevent access by unauthorized personnel. ~,'\ "-, ILA - 2007 APPENDIX D Cost Sharing 1ssessment for RAIN in 2007 and 2008 2007 Costs associated with maintenaPce of shared RAIN system elements shall be divided among all participating agencie&~ The specific assessments outlined below are based on a commissioned officer model agreed to by both the RAIN Governance Board and the KCPCA general membership. nus assessment is specific to 2007 and costs are subject to change as maintenance fees andl shared elements increase. Annual software maintenance is subject to a 3% increase, an~ the cost associated with Jail Booking Photos will be added in 2008. II ,I Sharable Element Costs It,"m BIS Site License Maintenance FR Site License Maintenance UDDI Server R lacement , ToltaJ Sharail>le 2007) " Base $40,000.00 $20,000.00 'b$2,000.00 -1.ncN~~e 3.0% 3.0% Ad 'usted $41,200.00 $20,600.00 'Ira:-.i 8.8% 8.8% 'j)'i!)ftJll l[:".;;t $44,825.60 $22,412.80 $2 000.00 $69.2JJ.~0 ., Cost Sharing Model . Levell (001 to 025 officers) = . Level 2 (026 to 050 officers) = . Level 3 (051 to 100 officers) = $500.00 $~~300.00 $31500.00 . Level 4 (101 to 200 officers) = $5,000.00 Level 5 (201 and over) = $8,000.00 . Based on this model, the partici~~ting RAIN agencies are assessed the following in 2007. Assessments (2007) Aaency # Commissioned Level 2007 Assessment Algona PD '. 6 1 $500.00 '~ Auburn PD ;~~ 85 3 $3,500.00 Bellevue PD ~ ~' 172 4 $5,000.00 Black Diamond PD :1" 11 I $500.00 Bothell PD "Ii. 53 3 $3,500.00 Clyde Hill PD .~ 7 1 $500.00 Des Moines PD " 39 2 $1,300.00 I' DuvallPD '. 13 1 $500.00 ,"" Enumclaw PD :lk 22 I $500.00 Federal Way PD , 111 4 $5,000.00 'I, Issaquah PD , 28 2 $1,300.00 . ~. Kent PD .t, 116 4 $5,000.00 .. King County Sheriff's Office 'll 723 5 $8,000.00 Kirkland PD :"- 63 3 $3,500.00 Lake Forest Park PD .~, 22 1 $500.00 Medina PD " 9 1 $500.00 Mercer Island PD " 28 2 $1,300.00 Normandv Park PD ., 12 I $500.00 Pacific PD ,I. 10 1 $500.00 Port of Seattle PD :~ 108 4 $5,000.00 Redmond PD :!l. 71 3 $3,500.00 Renton PD " 88 3 $3,500.00 Seattle PD ;~~ 1,281 5 $8,000.00 SnoQualmie PD :ll. 13 1 $500.00 Tukwila PD :l, 67 3 $3,500.00 University of Washington )', 51 3 $3,500.00 Tota~ J.209 :;;CD~.";@lJiJiDO RAIN ILA - 2007 , :0 ~ ''.1 IN sharable costs in 2008 will increase approximately 33.7% over 2007. This increase ! ; \ lle to adding Jail booking photos ($4,706.69), the new analytics capability completed 007 ($16,809.60) and a 3% allowable increase on site license maintenance rates. 111 se ongoing sharable costs shall be divided among all participating agencies. The lP ific assessments outlined below are based on a commissioned officer model agreed to 'y both the RAIN Governance Board and the KCPCA general membership. This I; I Sl ssment is specific to 2008 and costs are subject to change as maintenance fees and h 'ed elements increase. Again, annual software maintenance is subject to a 3% increase lie annum. lib . able Element Costs (2008 Jt, &'1 ~~se Incre!lSe Adiucted 1'0-: . ~~tti:J: ;.:1 tC\~j~ IB Site License Maintenance $41,200.00 3.0% $42,436.00 8.8% $46,170.37 IF Site License Maintenance $20,600.00 3.0% $21,218.00 8.8% $23,085.18 IVi DI Server Replacement $2.000.00 $2,000.00 JE' BISIFR Maintenance $4.200.00 3.0% $4,326.00 8.8% $4,706.69 . cs Site License Maintenance $15,000.00 3.0% $15,450.00 8,8% $16,809.60 II - ~:.Jil S'ii'J1i'~l/L.: S93.Y1u .U..J It( 't Sharing Model I I Levell (001 to 025 officers) = $668.50 . Level 4 (101 to 200 officers) = $6,685.00 I ,Level 2 (026 to 050 officers) = $1,738.10 . Level 5 (201 and over) = $10,696.00 Level 3 (051 to 100 officers) = $4,679.50 I Jl ed on this model, the participating RAIN agencies are assessed the following in 2007. I > essments (2007) , \: '/~ :WLley # Commissioned Level 2008 Asset)ml~llil\l A ona PO 6 1 $668.50 A bum PO 85 3 $4,679.50 B levue PO 172 4 $6,685.00 Hck Diamond PO 11 1 $668.50 B :hell PO 53 3 $4,679.50 a de Hill PO 7 1 $668.50 D Moines PO 39 2 $1,738.10 [ vall PO 13 1 $668.50 E I1IIlclaw PD 22 1 $668.50 F' eral Way PD 111 4 $6.685.00 I iqUah PD 28 2 $1,738.1 0 IltPD 116 4 $6,685.00 . Ig County Sheriffs Office 723 5 $10,696.00 . kland PD 63 3 $4,679.50 e Forest Park PD 22 1 $668.50 dina PO 9 1 $668.50 J cer Island PD 28 2 $1,738.10 rmandy Park PD I 12 1 $668.50 P' ific PD 10 1 $668.50 P of Seattle PD 108 4 $6,685.00 R :imond PD 71 3 $4,679.50 R'ltonPD 88 3 $4.679.50 S" ttle PD 1,281 5 $10,696.00 S )qualmie PD 13 1 $668.50 T wila PD 67 3 $4,679.50 L ' 'iversitv ofWashimrton 51 3 $4,679.50 11 )11111 3.:~9) ~-;~~.; -.., :~j _ (l.~:'D U N ILA - 2007 C()_\"Jl "~_.'l1\.1'.E.:.....!~.~e...l.9.,. 20.fl?_.. ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ~ I SUBJE~ T Sixth Amendment to The Commons at Federal Way Police Service Agreement I ' POLlC' f~ESTION: Should the City of Federal Way / Federal Way Police Department add an additional Officerl 0 !,lhe current Commons Mall Agreement? n COMM T "lEE: Parks, Recreation, and Public Safety Council Committee CATEC 0 "w: ~ c~n;~nt D Ordinance D C~t) ~ouncil Business D Resolution ~!~X~I ~,!Q~:r,,~X.:'mmI.:- x.~,~T.I~,,~:,_~!:.!:~~m{m~I,:,~.~..:f.,~P!:~'~_'m "",,,,,,m"""""'" ..".."_,__..!.l~,~~,~~~,~~:~.._~~~,~~,e~~....,,,..__ ......",,,_,, Attachm J~ts: 1. PRffi~ ::~PS Memo 2. Si1lh ii, mendment to The Commons at Federal Way Police Service Agreement Optio~ u,~nsidered: 1. Acpe I; The Commons Agreement 2. Rejbc Agreement ~i~;;-~~~~~;;~~-;t~~~~~;;;;;;I~ -- ---- ---- CITY l' A: AGER APPROVAL: ~ ~ttee MEETING DATE: June 12,2007 D D Public Hearing Other DIRECTOR ApPROVAL: Council Committee Council COMM'T h RECOMMENDATION: PRPS recommends Option _ tommittee Chair Committee Member Committee Member PROP DS D COUNCIL MOTION: "I move approval of the Sixth Amendment to The Commons, at Federal Way, PolicJ S ;'fvice Agreement, and authorization for the City Manager, Neal J Beets, to sign such Agreement. " I I COUNCI. j TION: o AlirE VED o D,rl '0 o TA1!BI' D/DEFERRED/NO ACTION o M~' V 10 TO SECOND READING (ordinances only) REVISEd /06/2006 (BELOW TO BE COMPLETED BY CITY CLERKS OFFICEI COUNCIL BILL # I ST reading Enactment reading ORDINANCE # RESOLUTION # , ... D AJ~I, ~ TO: V~ FR!,n\ : 1 ' SUlBJ CT: Hal ..nnd CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT June 12,2007 Parks, Recreation, Human Services and Public Safety Council Committee Neal Beets, City Manager Brian J. Wilson, Chief of Police Sixth Amendment to The Commons at Federal Way Police Service Agreement The F deral Way Police Department has had an Agreement with the Mall, for two Officers, since NO~le ber 29, 1996; first through the SeaTac Mall owners and now through Steadfast Commons, LLl ( Washington. The F Jeral Way Police Department and The Commons wish add an additional Police Officer to the 1\1 ll, effective July 1,2007. ,i~ " 1 u, 'I I' :1: :]1 .1, SIXTH AMENDMENT TO THE THE COMMONS AT FEDERAL WAY POLICE SERVICE AGREEMENT 'I This Sixth Amendment ("Amendment") of the Police Service Agreement is dated thi~ 7. \ day of May 2007 and is effective the 1 sl day of July 2007, and is entered into by ane ,J 'etween the City of Federal Way, a Washington municipal corporation ("City"), an~ ;,1 ~adfast Commons II, LLC, a Delaware limited liability company, as successor to Stei' Hast Commons, LLC, as successor to SeaTac Mall Associates ("Owner"), owner of The ; mmons at Federal Way (formerly known as SeaTac Mall) ("Property"). t : 'A. The City and the SeaTac Mall Associates, entered into a Police Services " Agreement at the Property, dated November 29, 1996, as amended by First i , Amendment dated November 29, 1997, by Second Amendment dated January 1, 2000, by Third Amendment dated January 1, 2003, by Fourth ill Amendment dated January 1, 2005, and by Fifth Amendment yet to be I ratifier! whereby the City agreed to provide police services for the Property Iii ("Agr:ment"). :1\ I' B. Steadfast Commons II, LLC acquired the property and assumed the ;1, obligation for the Agreement in 2007 from Steadfast Commons, LLC who purchased the Property in 2003. : C. The City and Owner desire to amend the Agreement to increase the level of service at the Property reflecting increased traffic levels related to the ,! opening of the theater on the Property. : l , 1 NO J ~THEREFORE, the parties agree to the following terms and conditions: it" ~1. Services. :1, ,I. .1 I ,I: :11 1:2 I: r Exhibit "A" Section 4. As pertaining to "hours of coverage", changed to read, The City will provide twelve (12) ten-hour shifts per week. Compensation. a. Year 2007: Monthly budgeted amount to be increased as of July 1,2007 to an amount not to exceed eleven thousand, two hundred thirty-nine and eighty-eight one hundredths dollars ($11,239.88). i; , ] II Ii II I :!; ~ A ~ b. Year 2008: An amount not to exceed one hundred forty-one thousand six hundred twenty-four dollars ($141 ,624) annually. This amount to be billed monthly in the amount of eleven thousand, eight hundred two dollars ($11,802) or less. i I I 3. Full Force and Effect. All other terms and conditions of the Agreement not modified by this Amendment shall remain in full force and effect. DATED: The date first set forth above. CITY OF FEDERAL WAY By: Neal Beats, City Manager 33325 8th Ave S. PO Box 9718 Federal Way, WA 98063-9718 ','II': :1 'I~ I lerk, Laura Hathaway APPROVED AS TO FORM: Patricicia A. Richardson, City Attorney STEADFAST COMMONS II, LLC By: Beacon Bay Holdings, ,LLC, a Delaware limited liability comp my, its Manager By: v r, it nager 4343 Von man Avenue ~ Suite 300, Newport Beach, CA 92660 949.852.0700 It . com o,~ ~~TIN~ DATE: June 19, 2007 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL ITEM #:_ SUBJE~11 ~olice Department Lockers - Bid Approval I i:~ . POLI9'v , UESTION: Should the City of Federal Way / Federal Way Police Department approve the quote from Design P !i~ for the supply and installation of 25 police lockers and two cabinets in the amount of $29,1,68.87. COM~~l ::~E: Parks, Recreation, and Public Safety Council Committee. MEETING DATE: June 12,2007 I 'Ill, CATE~ 0 ~: ~ dOl: ~nt D Ordinance D ~!~t: ': ~ouncil Business D Resolution I :I~ . STAFFI'R,rORT By: Lynette A. Allen / Cathy Schrock, Support Services DEPT: Police Department :~:~t lik--"'-" ,''''-,-,''"'-'',''"'--'''' II]... 1. P%' &PS Memo I" 2. R Irullt for Quote 3. La1r.o 4. D9fil ': ~lus Quote 5. C9fP ,; '"ate Casework Quote 6. E-r :1 ~Iarifying date error Optioq.:s I onsidered: 1. Aciee ': !l.Design Plus Quote 2. Rejle( il ~uote . -,-,,-"'- -, -,--""--""-",-""'---""--""-,,,,--,,,,,,,-,,"'--,--,--,-------,,,-""""----,,,,,,,,,,,, STAFF RJ:~MMENDATION: Staffr~mends Option 1. CITY ~.: \.GER Al'PROV AL: f1;:l) II 'I~. ~e Council 11 q~ COMM T EE RECOMMENDATION: PRPS recommends Option i!l . ~ 'I Committee Chair Committee Member Committee Member PROP:!>S' 1 ~ COUNCIL MOTION: HI move for approval of the Design Plus Quote, and authorize City Manager, Neal o.!l ~ts, to sign such Agreement. " ,... D D Public Hearing Other DIRECTOR ApPROVAL: Committee Council I :IL COUNC~ ~TION: I 1I~ o AP\p1 [)yED I I. ' ODE""', D ((" 'I.. o T~I' D/DEFERREDINO ACTION I I.. o Mi V, D TO SECOND READING (ordinances only) REVISED - '~O6l2006 (BELOW TO BE COMPLETED BY CiTY CLERKS OFFICE) COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # , :1 :1 'I :1 'I , ~~r.:!:I' V 1':1 FR ~ S I, il.CT', Bid Approval - Police Department Lockers '!~ :11 Back ound 'A I illl f h . fP , .. 1 h F d '1 W p' l' D . d fund' s. ; su tot e passmg 0 roposltIon, t e . e era ay 0 Ice epartment receIve mg to ~~ ;!~lice lockers to the men's locker room. The capital cost in the budget for lockers is 1 o,qo ~ tnd an additional amount of 24,000 for reconstruction of office space to accommodate ad~lti:nal personnel. The Police Department has concluded all office reconstruction and purr :: \d additional furnishings as needed. The current fund balance is $29,501. 89 A r~ ,I kt for quote was distributed for lbe supply and installation of 25 police lockers and two b~.~~ T . d c.a lln, s. wo quotes were receIve . II il~ De~f ,: flus, Puyallup, WA Total Amount $ 29,168.87 cora:i ate Casework, Tacoma, W A Total Amount $ 34,610.60 It is, ratnmended lbat Design Plus be selected as lbe vendor to supply 25 lockers and two cab,I~. CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT June 12, 2007 . Parks, Recreation, Hwnan ~es and Public Safety Council Committee Neal Beets, City Manager D Brian J. Wilson, Chief of Police 1 IV. v. I. II. III. ~ City of Federal Way REQUEST FOR QUOTE P ilfSE OF REQUEST. TJe . .ity of Federal Way ("City") is requesting quotes for the purpose of supplying and installation of p~jlii. ~lockers and cabinets per drawings. The City's needs are outlined in the following Request for Qao1's ("RFQ"). Il:t TIM '.: SCHEDULE. II 'I . THe,"ity will follow the following timetable, which should result in a selectIOn of a contractor by JJ.\! [, 2007. . 'I Issue RFQ 5/18/07 Deadline for Submittal of Quotes 5/30/07 @ 3:00 p.m. Notify Contractor Chosen 6/1/07 Placement of Order will follow City Council approval - approx 6/ 19/07 ? IN. A. , UCTIONS TO PROPOSERS. : tAll quotes shall be sent to: ;.: . Jeri-Lynn Clark, Accounting Technician II I City of Federal Way :1 PO Box 9718 :1 33325 8th Avenue South :1 Federal Way, WA 98063-9718 II (253) 835-2526 :1 Faxed Qoutes will be accepted addressed to Jeri-Lynn @ (253) 835-2509 'I II All questions and site visits should be directed to Steve Ikerd, Parks and Facilities Manager :1 at (253) 835-6911. :1 Quotes shall be based upon prevailing wage. " 'I ,I All quotes must include the following information: E. * SpecifIc experience of individuals relative to the proposed project. * Minimum of three references, where you have performed work during the past year, comparable in size and building use as specifIed. Include contact names, phone numbers, and length of service. Governmental agencies preferred, including high traffic and security buildings. See Exhibits and Drawings. 1. Factor Responsiveness of the written proposal to the purpose and scope of service. Weight Given 10% 2. 50% Price. 3. 40% lAbility and history of successfully completing. . contracts of this type, meeting projected deadlines and experience in similar work. :1 I ~ ' Ea.h late will he mdependently evaluated on factors 1 through 3. 100% Total Criteria Weight VI. TERMS AND CONDITIONS.;' A. The City reserves the right to reject any and all quotes, and to waive minor irregularities in any ~uote B. The City reserves the right to request clarification of information submitted, and to request additional~information from any contractor. . , C. The City reserves the right to award the contract to the next most qualifIed contractor, if the successful contractor does not execute a contract within thirty (30) days after the award of the quote. h. D. Any quote may be wi!thdrawn up until the date and time set above for opening of the quotes. Any qu~te not so timely withdrawn shall constitute an irrevocable offer, for a period of ninety (90) days to sell to the City the services described in the attached specitl,cations, or until one or more of the quotes have been approved by the City, administration, whichever occurs first. ,! E. The contract resuIti4g from acceptance of a quote by the City shall be in a form supplied or approved, by the City, and shall reflect the specifIcations in this RFQ. A copy of the contract is available for review. . The City reserves the right to reject any propose<;l agreement or contract that does not conform to the specifIcations contaihed in this RFQ, and which is not approved by the City Attorney's offIce. I F. The City shall not ~e responsible for any costs incurred by the contractor in preparing, submitting or presenting its response to the RFQ. " VII. COMPENSATION A. Please present detailed information on the contractor's proposed quote for the specifications proposed and for any variation for non-routine services, inclusive of Wastaington state sales tax and any other applicable governmental charges.' Please provide specifics as to definitions of routine versus non-routine tasks, what is fixed as opposed to variable, and how costs are adJ'usted according to that classification lit.. . B. Payment by the City for the servi'ces will only be made after the services have been performed, an itemized billing statement is submitted in the form specified by the City and approved by the appropriate City representative, whiGh shall specifically set forth the services p'erformed, Ii, the name of the pe~son performing such services, and the hourly labor charge rate for such person.' Payment shall be made on a monthly basis, thirty (30) days after receipt of such billing statement. City of Federal Way - Quote Sheet PO Box 9718 - 33325 8th Ave S. 98063-9718 Compam n e ,I. ' :11 I rl Telephon ': :1 Fax number: II :i~ ' LOCATlrl~ly Hall, 333258"' Ave S. Federal Way, WA PROJE~ll Contractd :It Supply and Insla11 25 Police Lockers and 2 cabinets per Drawings and Specifications. QUOTES: P ase submit the following quotes based upon prevailing wages. TOTAL L\!IlII' tUM' $ . Signature: Address City/State: Zip: lfAX $ lfOTAL $ Additiona s rvices hourly rate $ ! Comment! : , ! il All quotesl IT 'I st be received' no later than 3:00 pm June 30, 2007. Questions and site visit may be directed to ~ ~ve Ikerd at (253)835-6911 Please return faxed quotes to: Jeri-Lynn (253) 835-2509 or mail to ltt ~above PO mailbox address. t SECTION 06065 ,j d 'I !A '.T 1- GENERAL PLASTIC MATERIALS SUMMARY A. Related Documents: The General Conditions and the Special Conditions shall apply to the work specified in this Section. B. Work Description: The work of this Section shall include all labor, materials and equipment required to complete the Plastic Laminate work as shown on the Drawings and as specified herein. C. Section includes: The work of this Section shall include, but is not limited to the following: 1. Countertops; 2. Built in counters D. Related sections: 1. Joint Sealers - Section 07900 2. Lockers - Section 10500 3. Manufactured Casework - Section 12300 E. The installer must examine the building, substrates, and conditions under which the work is to be installed, and must notify the Construction Manager in writing of any conditions detrimental to the progress of the work. Do not proceed with the work until unsatisfactory conditions have been corrected in a manner that is acceptable to the installer. Commencement of the work of this section indicates acceptance of the existing conditions. F. Drawings and general provisions of the Contract, including' General and Special Provisions and Division 1 Specification Sections, apply to this Section. I ,~ I T 2 - MATERIALS 2.0 ' MATERIALS I A. Plastic Laminate: 1. Plastic Laminate for Counter Tops: General Purpose Type, Federal Specification L-P 508H, Style D, Type I, Class I. e (,ilral Way Police I ' ! I 06065 - 1 Plastic Materials " 2. Plastic Laminate for Vertical Surfaces: General Purpose Type, Federal Specification L-P 508H, Style D, Type I, Class II ,I , " 3. Plastic Laminate Colors and Patterns: As indicated on the finish schedule. The plastic 1 laminate shall include Wilsonart. Pionite. Nevamar and Formica. ,i I, ,I 4. Adhesive: ~hall be neoprene or rubber based in solvent or emulsion type contact ceme.~t, compatible with plastic laminate and substrate. I. 5. Colors: As indicated on the drawings iAi- I PART 3 - EXECUTION 3.01 GENERAL A. The area in which the work is to be accomplished shall be maintained at not less than 650 F. with a re'lative humidity of not less than 35% and not more than 85%. Assembly of comp~ments shall be accomplished using approved procedures, materials and equip,ment and the workmanship shall conform to established industry practices, conditions, procedures and recommendations. Install plastic laminate with miniIl1um number of joints possible, using full-length pieces to the greatest extent possi~le. For desks, all areas shall receive plastic laminate, leaving no exposed wood substrate. END OF SECTION Federal Way Police 06065 - 2 Plastic Materials ,~ I I SECTION 07900 JOINT SEALERS !A !IT 1 GENERAL 1 0 I SUMMARY A. Section includes: :1 I :1 1. The purpose of caulking in this work IS to provide a positive barrier against penetration of air and moisture at joints between items where caulking is essential to continued integrity of the barrier. ' Such caulking will include caulking around cabinetry, manufactured casework, mechanical and electrical work. 2. B. Related sections: 1. Section 06065 - Plastic Materials 2. Section 10500 - Lockers 3. Section 12300 - Manufactured Casework C. The installer must examine the building, substrates, and conditions under which the work is to be installed, and must notify the Construction Manager in writing of any conditions detrimental to the progress of the work. Do not proceed with the work until unsatisfactory conditions have been corrected in a manner that is acceptable to the installer. Commencement of the work of this section indicates acceptance of the existing conditions. D. Drawings and general provisions of the Contract, including General and Special Conditions and Division 1 Specification Sections, apply to this Section. 1 0 QUALITY ASSURANCE A. Qualifications of installers: Installation of caulking shall be performed only by workmen thoroughly skilled and specially trained in the techniques of caulking, and who are completely familiar with the published recommendations of the manufacturer of the caulking material to be used. B. Rejection of installed caulking: Indication of lack of skill on the part of caulking installers shall be sufficient grounds for Architect to reject installed caulking and to require its immediate removal at no additional cost to Owner. 1 0 PRODUCT HANDLING ,/ &11' Way Police u n__ 07900 - 1 Joint Sealers A. Protection: , Use all means necessary to protect caulking materials before, during, and after' installation. :, B. Replacements: C. In the event of damage, immediately make all repairs and replacements necessary to the approval ofth~ Architect and at no additional cost to the Owner. ,... :I Storage: II 'I 1. Store caulki~g materials and equipment under conditions recommended by its manuf~'bturer. 2. Do not use riIaterials stored for a period of time exceeding the maximum recommende9 shelf-life of the material. PART 2 PRODUCTS 2.01 CAULKING MATERIALS:I All caulking materials, unl~ss otherwise specifically approved by Architect, shall be a single or double compone~t, primerless, non-sagging type in neutral color or color approved by Architect where exposed to view, paint compatible, and shall be one of the following or an equal approyed in advance by Architect: A. "Silicone": , A silicone sealant such as "Silicone Sealant 1300" manufactured by the General Electric Company o~~qual. I B. "Elastomeric": An elastomeric buryl product such as "Sealtite Elastomeric Butyl Caulk" manufactured by W;R. Meadows, Inc. or "DAP Butyl-Flex" manufactured by DAP, Inc. or equal. I I 2.02 CAULKING EQUIPMENT I :1 All caulking equipment shal~ be only such equipment as is specifically recommended by the manufacturer of the c'aulking material being installed and as approved by the Construction Manager. :~ II PART 3 EXECUTION Federal Way Police 07900 - 2 Joint Sealers 3.0 'I I 3.0 CHOICE OF CAULKING MATERIAL Use only that caulking material which is best suited to the installation and IS recommended by the caulking material manufacturer. APPLICATION OF CAULKING A. General: Do not caulk under weather conditions or sun conditions potentially harmful to the set and curing of the caulking material. . B. Installation: Install caulking in strict accordance with the manufacturer's recommendations, taking care to produce beads of proper width and depth, to tool as recommended by the manufacturer, and immediately remove all surplus caulking. END OF SECTION 'I' I I ,I I I I ,:11W P l' e f ay 0 ICe 07900 - 3 Joint Sealers SECTION 10500 LOCKERS 1 ! D T1 GENERAL 10 SUMMARY A. Related Documents: The General Conditions and the Special Conditions shall apply to the work specified in this section. B. Description of Work: The work of this section shall include all labor, materials, equipment and appliances required to complete the Locker work and plastic laminate soffit work above as indicated on the Drawings and as herein specified. Standards and construction quality shall be as indicated in 12300. C. The installer must examine the building, substrates, and conditions under which the work is to be installed, and must notify the Construction Manager in writing of any conditions detrimental to the progress of the work. Do not proceed with the work until unsatisfactory conditions have been corrected in a manner that is acceptable to the installer. Commencement of the work of this section indicates acceptance of the existing conditions. 1 0 JOB CONDITIONS A. Examination: Installer must examine the. substrates and conditions under which the work is to be installed; and notify the General Contractor of unsatisfactory conditions. Do not proceed with the work until unsatisfactory conditions have been corrected in a manner acceptable to Installer. I 1.0.1 I 'I QUALITY ASSURANCE A. Quality Standards: Except as otherwise shown or specified, comply with specified provisions of the following: Architectural Woodwork Institute CA WI) "Quality Standards" 1 0 I PRODUCT HANDLING: A. Protect woodwork during transit, delivery, storage, and handling to prevent damage, soiling and deterioration. Do not take delivery of lockers which could damage, soil, or deteriorate work completed in installation areas. If items must be stored in other than installation areas, due to unforeseen circumstances, store only in areas meeting requirements specified for installation areas. 1.0 SUBMITTALS I I i flef Way Police 10500 - 1 Lockers PART 2 A. Shop Drawings: ,: Submit four (4) copies of shop drawings. The locker manufacturer is re~ponsible for details and dimensions not controlled by job conditions and shall show on shop drawings all required field measurements beyond manufactuF,er's control. Installer and the locker manufacturer shall cooperate to establish and maintain these field dimensions. PRODUCTS 2.01 Manufacturers: A. Available Manufacturers: Subject to compliance with requirements, The following , manufacturers have been approved: .. tb 1. Design Plus, 14905 129 St. E., Puyallup, W A 98374. Phone: (253) 848-2943, Fax: (253) 848-0430 B. Alternative Manufach!rers: All other manufacturers must be approved in advance by the Architect or the Con~~ction Manager. No altemate manufacturer or product shall be accepted unless 'the At.chitect or the Construction Manager has granted written approval. I, 2.02 Materials: E. PART 3 A. II Core shall be mediufu density particleboard conforming to C.S. 236-66 (type, l-B- 2). ;1 B. Finish: 1. Exterior: Plastic Laminate, General Purpose Type, Federal Specification 11. . L-P 508H, Style D, Type I, Class II. Color shall be #PL-9 as indicated on the drawingsl" 2. Interior: Sh3;ll be Wilson Art No. 1573 Cabinet Liner, or approved equal. Edges of doors shalli!have 3M PVC "Woodcore" from Woodtape Industries, 800- 426-6362, to match the door face laminate. C. D. Hardware: . 1. Hinges: Hinges for laminate clad lockers shall be 2-3/4" heavy-duty steel; hospital style: rounded safety knuckle with fixed pin, offset throw, baked black enamet::finish: Three hinges per doors over 48" high. 2. Hasp: Pad l(;ckable cam latch/hasp, #DCP-US26 polished chrome finish from Olymp~~ Lock Inc, 800-525-0954 3. Locker Num?ers: Provide engraved laminated black number at each locker. Locker vents: 4 W' 'x 3 W' rectangular 2 piece vent grommet, black color, from l, Hardware concepts, 3,05-685-1101, or approved equal. EXECUTION 3.01 FABRICATION Federal Way Police 10500 - 2 Lockers A. Fabrication: Lockers shall be fabricated in accordance with the requirements of A WI Section 1600 and the approved shop drawings. Locker arrangement and . layout shall be as indicated on the Drawings. B. Design and Construction Features: Comply with the details shown for construction of Modular Cabinets (A WI 1600) with alternate details at Fabricator's option, subject to approval by Architect. I I 3.0' INST ALLA nON A.. Installation: 1. Install the work plumb, level, true, and straight, with no distortions. Shim as required using concealed shims. Install to a tolerance of 1/8" in 8'-0" for plumb and level and with l/16" maximum offset in flush adjoining surfaces, 1/8" maximum offsets in revealed adjoining surfaces. Attach to wall firmly and securely for seismic zone 4 .loading. Install without distortion so that doors will fit openings properly and be accurately aligned. Adjust hardware to center doors in openings . and to provide unencumbered operation. Complete the installation of hardware and accessory items as indicated. 2. Adjustment, Cleaning, Finishing, and Protection: a. Repair damaged and defective wood and laminate work wherever possible to eliminate defects functionally and visually; where not possible to repair properly, replace. Adjust joinery for uniform appearance. b Clean hardware, lubricate and make final adjustments. c. Clean exposed and semi-exposed surfaces. Touch-up shop-applied finishes to restore damaged or soiled areas. d. Complete the finishing work specified as work of this section, to whatever extent not completed at the shop or prior to installation of cabinets. 3. Protection: Installer of lockers shall advise Contractor of final protection and maintained conditions necessary to ensure that the work will be without damage or deterioration at the time of acceptance. END OF SECTION , 'I I. I e ral Way Police ... 10500-3 Lockers :/ il D. ':' I I SECTION 12300 MANUFACTURED CASEWORK GENERAL A. Related Documents: The General Conditions and the Special Conditions shall apply to the work specified in this section. B. Description of Work: The work of this section shall include all labor, materials and equipment required to complete the Manufactured Casework as shown on the Drawings and as specified herein. C. Section includes: 1. General: Provide and install factory-built prefinished items indicated on Drawings, including modifications noted, plus scribe strips or filler panels. required to completely fill the spaces adjoining casework. Factory-built casework includes, but is not limited to, wall-hung adjustable shelves, plastic laminate countertops, casework, custom fixtures, accessories, and hardware. Manufacture shall prepare openings in tops for setting sinks, trim and accessories. 2. Specific work shall include, but is not limited to the following: section 00150 for listing of scope by specification section) a. Cabinet bases; b. Cabinet doors & associated hardware. c. Countertops & ends materials and laminate (see Scope of work does not include: 1. Electrical outlets and wiring (see Electrical). E. Related sections: 1. Plastic Materials - Section 06065 2. Joint Sealers - Section 07900 3. Lockers - Section 10500 to JOB CONDITIONS A. Examination: Installer must examine the substrates and conditions under which the work is to be installed. Do not proceed with the work until unsatisfactory conditions have been corrected in a manner acceptable to the Installer. i " e . ral Way Police 1'-- __ ___ 12300 - 1 . Manufactured Casework B. Conditioning: Theil Installer shall advise Construction Manager of temperature and humidity requirements for cabinet installation areas. Do not install cabinets until the required tetnperature and relative humidity have been stabilized and will be maintained in in~tallation areas. I 1.03 QUALITY ASSURANCE : A. Quality Standards::! Except as otherwise shown or specified, comply with specified provisionsi\of the following: Architectural Wooqwork Institute (A WI) "Architectural Woodwork Quality Standards", 6th Edition, Version 1.0, 1993. Casework shall comply with AWl 400B premium grade casework construction details. , :1\ National Electrical Manufacturer's Association (NEMA): Standard LD3 - High Pressure Decorative!1 Laminates. ,I ,j ]1 1.04 PRODUCT DELIVERY, STORAGE, AND HANDLING: . Protect cabinets during tran'Sit, delivery, storage, and handling to prevent damage, soiling and deterioration. Do not deliver cabinets until painting, wet work, grinding and similar I operations which could da~age, soil, or deteriorate cabinets,' have been completed in installation areas. If, due t@ unforeseen circumstances, cabinets must be stored in other than installation areas, store~only in areas meeting requirements specified for installation areas. :1 1.05 SUBMITTALS A. Shop Drawings: Submit four (4) copies of shop drawings for all Manufactured Casework. Manufact;urer is responsible for details and dimensions not controlled by job conditions;,] and shall show on shop drawings all required field measurements beyolld manufacturer's control. Contractor and manufacturer shall cooperate to establis~ and maintain these field dimensions. Colors and Finishes!! If not indicated on the drawings, the plastic laminate colors and finishes shall be:~s selected by Architect from plastic laminate manufacturer's standard choice of ~olors or the same colors to, those already indicated on the drawings. " Ii " 'I Cooperation: Contractors shall submit pertinent information to the Construction Manager after biddi~~ and shall coordinate the work to facilitate installation. B. c. 1.06 DEFINITIONS Federal Way Police 12300 - 2 . Manufactured Casework A. Exposed: Surfaces visible when: 1. Drawer fronts and doors are closed. 2. Tops of cabinets are below 78" above finish floor, or are visible from an upper floor or staircase after installation. 3. Portions of cabinets visible when fixed appliances are installed. B. Semi-Exposed: Surfaces visible when: 1. Drawer/Doors are in the open position. 2. Cabinets and shelving are open-type or behind clear glass doors, includes top, bottom and front edge of shelves. 3. Bottoms of cabinets and countertops are more than 30 inches and less than 42 inches above finish floor. C. Concealed: Surfaces concealed when: 1. Surfaces are not visible after installation. 2. Bottoms of cabinets and countertops are less than 30 inches above finish floor. 3. Tops of cabinets are over 78 inches above finish floor and are not visible from an upper level. 4. Stretchers, blocking and/or components are concealed by drawers. D. Countertops: Horizontal surfaces covering casework up to 5 feet above finish floor. E. . Cabinets: (For purposes of scope of work) when the term "cabinet" is used, it shall include the cabinet, toe kick, shelving, doors, hardware etc and the counter top, edge, splash & etc. and as shown on the drawings. f ...,lrT2 2.0 GENERAL 'I II A. i/ I' I 'I i B. PRODUCTS Fabricate with pre-cut openings to receive hardware, appliances, plumbing fixtures, electrical work, and similar items. Use templates or rough-in diagrams for proper size and shape. Smooth edges of cut-offs and where located in countertops and ,similar exposures, seal edges of cut-offs with water-resistant coating. Before proceeding with fabrication, obtain measurements and verify dimensions and shop drawing details as required for accurate fit. : e \al Way Police it /I 12300 - 3 Manufactured Casework 2.02 MANUFACTURERS A. A vailable Manufac~rers: Subject to compliance with requirements, the following manufactU,rers have been approved: 1. Design Plus., 14905 1 29th St. E., Puyallup, W A 98374. Phone: (253) 84~-2943, Fax: (253) 848-0430. , B. Alternative Manufa<;turers: Alternative Manufacturers: All other manufacturers must be approved in adva#ce by the Architect or the Construction Manager. No alternate manufacturer or prod~ct shall be accepted unless the Architect or the Construction 'L Manager has granted witten approval. . 2.03 MATERIALS A. General: 1. Plywood: fiv~-ply, solid face, back and core laminated with Type 2 water resistant glue. ,. 2. MDF: Medite II. Sierra Pine 1-800-676-3339. to meet formaldehyde emission standard requirements of the Department of Housing and Urban Development, .24 CFR, Part 3280, or ANSI-208,1. 3. MFD: Medite FR, Sierra Pine 1-800-676-3339 4. Monolithic Flake board, high density panel. Moisture content 8% or less. Particle boaF~ to meet formaldehyde emission standard requirements of '] the Departm~nt of Housing and Urban Development, 24 CFR, Part 3280, or ANSI-208:;1. 5. Decorative p~nels surfaced with decorative overlay used as decorative panel for sern.i-exposed surfaces as noted on drawings. Decorative overlay to meet minitpum performance standards set by NEMA LD3 for GP-20: W ear~:(3.l) Ball impact (3.3) Boiling water (3.5) clearifability (3.12). ,I B. Laminated Plastic C~mponents: 1. General: colors and finishes as indicated on Drawings. 2. Exposed surf.aces: High pressure plastic laminates that meet or exceed NEMA LD3; Vertical Surface Thickness .028". Colors as selected from entire manuf~cturers standard line satin finish from Wilsonart, Formica or . equal. :: I, 3. Semi-exposeq. surfaces: Decorative faced panel overlay product as described abdve (2.03 A.3). 4. Balance she~~ used on opposite side of laminated surfaces. For semi- exposed surfdces use HPL liner in color to match interior. 5. PVC Edges::' For wood grain type laminates, 3 MM PVC "woodcore" from Woodtlipe Industries 800 426-6362. For other laminate colors, ,~ Federal Way Police 12300 - 4 Manufactured Casework 'I '!I II II " Matching 3mm PVC for edges of door and drawer fronts. Standard thickness PVC edging for front edge of shelves, and front edges of end ,panels, bottoms, and top. All PVC to be applied with at factory with machine using hot melt adhesive. C. Cabinet Components: ' 1. Cabinet Ends: 3/4" surfaced per definition (in 1.06) for exposed and semi- exposed. 2. Cabinet Backs: 1/2" thick, comply with requirements for exposed and semi-exposed conditions. 3. Cabinet Doors: Plastic laminate bonded using an acetate resin emulsion to substrate and balanced to make a 3/4" thickness. All four comers and edges trimmed and eased. Edges finished with matching PVC edge banding, color as selected from standard line. D. Casework Construction: 1. General: Casework assembled using A WI 400 Premium casework construction details at the factory. Cut, Machine, Dowel and Clamp components neatly together to form a complete system; square, plumb, and true. a. Tops, ends and bottoms - Doweled, glued under pressure (4 dowels per foot) b. Cabinet backs - captured in grooves on cabinet sides, glued and fastened to top and bottom. 2. All units shall be factory assembled except where unit is too large to move into final location in assembled state. E. Countertops with coved backsplash: 1. General: AWl Custom Grade, colors and finishes as indicated on drawings. Z. Exposed surfaces: High pressure plastic laminate that meet or exceed NEMA LD3, 3. Balance sheets for concealed sides opposite laminated surfaces. 4. Substrate: Minimum 3/4" flake board unless specified otherwise. 5. Backsplash: 3/l6"R coved backsplash, 4 inches high unless indicated otherwise 6. Front Edge: 1/2"R continuous formed front edge to eliminate seem, unless design does not allow or unless indicated otherwise. 7. Countertops shall be in longest practical lengths to minimize seams. When joints required, factory prepare with minimum 4 joint bolts each. No joints within 24 inches of sinks, counter ends, or knee space areas. 2.0 I HARDWARE AND MISCELLANEOUS ! e if Way Police 12300 - 5 Manufactured Casework A. :1 'I , ' 1 Hinges: Provide 1'70 degree European concealed hinge. Meets ANSIIBHMA A157.9, fastened pet manufacturers specifications. Provide one pair for doors up to 4' high and 1-1/2 pair for doors over 4'. B. Door pulls: 5/16 inc.h diameter, 96mm wire pulls dull chrome 26D finish. :! Magnetic catches:?rovide Min. 7 lb. pull, color to be white or match cabinet interior. C. PART 3 EXECUTION 3.01 INSTALLATION A. General: Install casework plumb, level, true, and straight with no distortions. Il. Install to a tolerance of 1/8" in 8"-0" for plumb and level (including tops); and with no variations iq, flushness of adjoining surfaces. 1. Scribe and cUt casework to fit adjoining work, and finish cut surfaces or repair damaged finish at cuts. Maximum allowable tolerance for scribe work shall b~ 1/32". Provide adequate scribe to allow for uneven or out of plumb wall ~prfaces 2. Fasten cabinets through frame or other reinforcement. " Ii B. Anchor casework w~th manufacturer's standard screws, or fasteners required to securely attach to substrate. 1. Cabinets: In:~tall without distortion so that doors fit openings properly and are accurate~y aligned. Adjust and provide unencumbered operation. Complete the, installation of hardware and accessory items as indicated. 2. Tops: Anchor securely to base units and other supports systems as indicated. 3. Backsplash (Where not attached): Anchor securely and set in clear acrylic ,L caulking. 'I 3.02 ADmSTMENT, CLEANING, FINISH, AND PROTECTION A. Repair damaged an~ defective casework where possible to eli,mInate defects functionally and vis4ally; where not possible to repair; replace casework. Adjust joinery for uniform appearance. B. Caulk junction of tORs with back splashes. C. Clean, lubricate, and~djust hardware. D. Remove construction debris. E. Provide final protection and maintain conditions, in a manner'acceptable to the fabricator and installbr, which ensures manufactured cabinets and casework being without damage or d~terioration at time of substantial completion. :1 'I Federal Way Police 12300 - 6 Manufactured Casework 'I' F. Protection: Installer of cabinets shall advise Construction Manager of final protection and maintained conditions necessary to ensure that the work will be without damage or deterioration at the time of acceptance. END OF SECTION I e( ral Way Police . 12300 - 7 Manufactured Casework @----- \ \ \ -= CD---r---~\~ ~~-~-t~--~-~\-~-~-~--\--~-~-~-~-~-~ ~ ~ ~ 1 ~ ' \ --------------\----------- ~ARC:sEO PLAN- ME~ e' \ ~::::S -- l \IloME.N& LOCKE.R RMfJ, ~~ OCAU" ...r,...' -.; \ ~~ ,~ \~&~~ I y,.'vT~ ~~- ~~ ~~', I "",__.tat \-...- \ __oa.~wOCf'..-' ",,- ~ ...,.e.<'..._rv,.......T...~L..". ~~~~~~ ...o<<,...._..clllI'(llllOl.,"""" - ~~ (D---- ~"D - ...,....,."...~._..".... OOle..o.................-......... .......-' -- r:;:,:~ a" .-. fPP .eJ' ~~~ -- - C'llYoffo:<kt'&lWtr ))')2$ $,h Me. Scud! f~.,l\""i.-a:^9806J F~"(\'.y<.:\tyi-\al1. ~t"lQC~~ l312.3 8th Me. Sou1h fcdcnl'''"'Y' ~-" 9S06l """ 55 cv---- 01\(. 04/0;/01 ~=-~=--~- p~<3=-\~- <CA6,,,El 'T~J -----:---\-_:...--------- ~ -- -- -- -- -- -- -- -- -- -- .~ - CfIJ\.~ . ....- =tS'., ..~. "'" . ~, , .,~~ -"'" ...- l. ....T' ....... -- PLASTIC LAMINATE !!I",,:T N\ll"I6E~ '\ l'1l'6, COl."'" "t>l'1E F\l'l\!!IH ~AJOIC.!!I \ 1 .- _ell 11?12\~3& 1- UllL;,oNA~l w&C"^' UlA\.I'I\JT 0)5 1.00'El<& ' CA6'''ET -- t;;;f floom (laclf ~ Fle'"tPot\!. ~ t)e'nu ...- -- ......- ~,..........". ~ Monda l M ~, 1.2007 1 ;03 PM John Ruehton 2538480430 p.02 City of Federal Wq. QuOtB~.. PO.Box9718-S33~8.AveS. .~.~. _~/ . ,nwne: l>6'SI~N fLUS $ignature~ :L I 14q~S" /9.90. M ~ City/StatJJ:_PtJ,,:/lfu....o f. WPt . ~ip: 'lY37tf itne: <P/s;'3....!yg...a.r:p..J.3 Fu~~S-3--1tif- 0430 1~ . . 2'101'1: City HaU. 33325 8th Ave S. Federal WflN, WA I~' - . In i.. 0; to SUpply and In~taU 25 Police Lockers and 2 cabinets per Drawing& and Specifications. . t . Q ~. Please &ubmit the roll~ing quotc8 based uponp~ ....... T 1 LUMPSUM:$~". 'llt:'- 1AX $ ;l.r~f.3 ..17 TOTAL$. ~" /6'. 11 I ! \ Sc.lrvices hourly mte $ ~-I ~. ~, . I I I I ' 1I'i """. , $ mu~, be received no later than 3100 pm J1ul. 30. 2007. Queeti0tU3 and site visit 'IJJlr:I be ;f9 St~'~ at (2S3)835--6911Plee.se return -faxed. qUote. to: Jerl-tQnn (25St83s..2509 to~ Utwe(PO nvrilbo.'lt acldreaa. \ I I I il II John Ru&hton 2538480430 t1)esign (/!{us J.49M 1r Jl-.~ ~ tY.,t W14 1'1'.,.. 2S3-848-2943 ~25J..848.(J4JO AdclitionalQuoteInfOrmaUon I: , 1nsta!lation win be done by Out employee, Joe Rushton. who has 8 years experience. '~efetence8: 1:1.'.... ..:-..r . ~ Conta~ ~honp Number 425-587..3933 Kirkland City Hall Dayleen Krueger .Keny Chamberlin 360-4794137 FPH ConstrUCtion Olympia FM Group Arlin Butbld$ 360-482..552.1 i I I I lO"~""'" ... " \ ) I Lemrth ofSerrice 20 years 8 years 1 years p.OS I il I" ~P_. a5/21 07 18:19 2535884&34 I ,1 ~_w.N (v,At. ~ i City of' Federal Way - Quote Sheet i PO Box 9718 -' 33325 8'" ~vc S. 98063.g I Com~ir"": &j(~~ f'~ Sisnaturo M I. liS. ~ Cita /Ste,te,. '111Vt"A. W1I I~ I' tS?.. $"" 2... '1.$ z.:"2- ,i~ II N: City Ha.11, 333~5 Stll Ave S, Fe<l.~.",l Way, WA- il ': to Supply aod Install 25 Police Lockers and 2 cabInets per Drawings a~d Spedfications. tPloase ,ubuDt the following quo... ....... u~n "......m".- !t~U>t:$JJ.1<8~, ... z..,6~,,'() ~;' /"/0 . L 0 TOTALS ..L1t ~ - " CCRPOAATE CASEWCRK PAGE fJl Zip~ 1~4!1 Fax number: 'Z-S'r '~88 .4'3 4- PR Con TAX $ Add" '0; 8ef',ices hourly rate $ 7~. Sl> !~ Co ,1:8: I~ II I I I All . 'Ii 0 ! ~9 must be received no later than 3:00 pm .TUIte 30. 200'7. Questions and site visit may be dire<F I fO steve Ikerd at (253)835-6911 Please return 1'a.<red quotes to: Jeri-Lynn (253) 835-2509 or m U, the 'above POnUlJ1box address. I :1 : ~y~e_tte-A"en '~- 'S locke;:s-R-FQ_~~=----------'----- - -~,---'-------------------'- ----- Page 1 Frol: To: I Datel) Subj C1 Jeri-Lynn Clark Cathy Schrock 06/04/20079:09: 15 AM PS Lockers RFQ cc: Mary Jaenicke; Pat Richardson; Steve Ikerd; Tho Kraus .1 I' il Ii i !I II :\ .1 II COUN[ LETING DATE: June 19,2007 ,---",,-,---- i- ---,--""'-,,--------,-,,,----,--,-,-------,---,--,,------,--"'--,--,--,---"'-,-,,-,-,.--.-,--,,-,------,----.-,-,-,----,---,-,-,,-,----'" ~,. , CITY OF FEDE11ALWAY CITY COUi'~CIL AGENDA BILL ITEM #: I !I I I [ , SUBJE9 ,: ~ERFORMING ARTS CENTER FEASIBILITY STUDY AND BUSINESS PLAN POLIC~ (';UESTION: Should the City Council and the Arts Commission defer the Cultural Plan Update and reallocate the $SOk butlg "~to conduct a Feasibility Study and associated Business Plan (together the "Study") for the proposed Performing Arts Cer\e "PAC)? I I~ COMM S~ ON: Arts Commission MEETING DATE: June 6, 2007 I I~ I 'i~__ COMMIT" E: Parks, Recreation, Public Safety & Human Services MEETING DATE: June 12, 2007 I I~ CA TEGbl I~. ~ Colin -"nt D 0 d. D P blo H 0 1.61 r mance u lC earmg D C~~y: ~unCil Business D Resolution D Other STAFF {lhi ~RT By: Iwen Wang, Assistant City Manager DEPT: CitY Manager ------fik'--------:--"'-----"------""-'-'---'-----'-'---'-----,----,---,-,-"'-,-"'"-,,"'---------,-,,,---,--,,-,--,,-----------,---- ATTA(j:I,\I[ENTS: Staff report dated June 6, 2007. BACK1l: ~UND: ' The CiJ fi: ~ developed a Cultural Plan (the "Plan") in 1994 to determine the community's interests and offerings of Arts and Culfur /' services. The Plan has been used as a base for the Arts Commission to focus their programming and grant funding Iff': ~s as well as to obtain arts grants. In the 1994 Plan, the City fIrst explored the pqtential of a large, 1,000-seat PerfoI111Jtn : ~Center. It also suggested that the development cost for such a facility could reach $25 million. This fIgure has been use(l :~the "base-line" data when the City considers PAC proposals. The ~ ( i.l.,"ion has been accumnlating funds in the past few ye"s fo' a finch-needed update to the plan; it now has $50,000.1: ~ecent staff-issued RFP included a review of the Knutzen Family Theatre's (KFT) operations and management options; Iiv- ~esponses were received. In 1994~; tity commissioned a business plan for the retreat/conference center, now known as the Dumas Bay Center. Since thrn ;~ny changes have occurred, including addition of the KFT. At this point, the DBC portion of the facility is near the end Wf ,,~usefullife. The City needs to review the long-term options of the DBC as we consider the future of the KFT. The DB~ ': ~lanning to use $30,000 from its capital budget to conduct a business plan/long term strategy. As part of the busines~lp I p, we will review the outdoor space usage and fee structure to better respond to user needs. Until the study is completed,,, he City will continue past practices in allowing limited outdoor functions. Staff is ~u :It~g new state funding options for completion of a PAC in Federal Way. Based on current legislation, any such project inu I \commence construction by July 1, 2008 - an unattainable goal given that the community has just started the OrganizJea' \efforts. Several legislators have encouraged the City to continue its efforts, despite our inability to meet the existingl~e:Aline. At a minimum, the City will need to complete a feasibility study, including operation pro forma to show there is s'u: ~ient demand and to determine the facility can be supported by the community. - The fea~b:~__' study is not corrently bndgeted. The,efo,e, staff;s reqnesting a ,epriotitizatlon of existing studies and the additi0110 I ~ AC feasibility as discussed in the staff report, attached. ' In addit,or :~affreqUests approval to allocate up to $25,000 from the City Manager Contingency Fund to provide short term relief ofifu I ~roblems currently facing both the KFT and DBC OPTIO ,. CONSIDERED: 1. R1 irect the Cultural Plan funding toward a Performing Arts Center Feasibility Study (business plan or pro forma d: ,lopment) including a KFT business plan. If possible, include the DBC in the analysis. 2. D' ect staff to move forward with the Cultural Plan update. Direct staff to request additional funding for an i '~endent RFP for the Performing Arts Center Feasibility Study; commission an independent study of the DBC's b I~ 1 . I ,ess pan. Under.1 ifuer option, $25,000 in funding is needed to help Centerstage and Federal Way Symphony to continue their c~~n II ~ses of the facilities. . ,\, :1 ..--.-.-. I~------"'-"'-'-'-"--'-"" .--..-.----.-----.-------- STAFF: ;~OMMENDATION: Staff recommends approval of Options 1. CITY I A : ~GER ApPROVAL: DIRECTOR ApPROVAL: I~ COMM~SI~N RECOMMENDATION: Motion to approve Option_ and forward to the June 12,2007 Parks, Recreation, Public Safi I ~ & Human Services Committee Meeting. . I. COMM~Ti ~E RECOMMENDATION: Motion to approve Option _ and forward to the June 19,2007 City Council ConsentlA enda. , ... I .:~ , PROP,I S ,p COUNCIL MOTION: MotIon to approve the Commission and Committee recommendations and to authorize. he City Manager to execute all necessary documents. III... Committee Council ~ -, Council II I " COUNCIiL 1 "TION: o A~!r] "'VED o D~'N lib ~11l.. o T . DIDEFERREDINO ACTION I !.. o MI,V D TO SECOND READING (ordinances only) REVISED - I ~06/2006 ' '! 'BELOW TO BE COMPLETED BY CITY CLERKS OFFICE COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM Date:; ~ June 6, 2007 To: I Arts Commission, June 7,2007 , Parks, Recreation Human Services and Public Safety Committee, June 12, 2007 I :::~11 :1. I SU,E I~: PERFORMING ARTS CENTER FEASIBILITY STUDY AND BUSINESS PLAN poJ~ I~UESTION: Sho~ldl he City Council and the Arts Commission defer the Cultural Plan Update and reallocate the $50k bud~e I ~o conduct a Feasibility Study and associated Business Plan (together the "Study") for the prots.:a Performing Arts Center (PAC)? In Joe il ~n to the PAC study, a business plan/operation assessment of the existing Dumas Bay and Knuilze : 'Family Theatre programs will be conducted. The assessment should identify the appropriate busi~e . ~ plan/operation model for the existing Knutzen Family Theatre (KFT) with or without the new PAd a 'a the appropriate business plan/model for the Dumas Bay Center. li~ BAC G OUND: 1. [L' tural Plan UDdate t~ IlCity first developed a Cultural Plan (the "Plan") in 1994. to determine the community's interests ~n lofferings of Arts and Cultural services. The Plan has been used as a base for the Arts ~o 1~ri1iSSiOn to focus their programming and grant funding efforts as well as to obtain arts grants. In ~h ,I f994 Plan, the City first explored the potential of a large, l,OOO-seat Performance Center. It also ~u' ~sted that the development cost for such a facility could reach $25 million. This figure has been IIWS ! ~ as the "base-line" data when the City considers PAC proposals. I 'I~ !Ill I ~ to the age of the Plan, and the changes that have occurred in the community over the past Ie.,.:. ;ide, the Plan is in need of a substantial update. The Arts Commission has been accumulating I u ~ ~s in the past few years; it now has $50,000 for the Plan update. . .~ . i; t r issued an RFP on May 8, 2007 for the update. Included in the scope of work is a review of KFT ~p .; lations and management options. The City received two responses to perform the identified ~c . p-e of work. . II 'It 2. bl mas Bav Center Business Plan UDdate ~I:~during 1994, after acquiring the property from the Sisters of Visitation, the City commissioned a !Ii>u:iness plan for the retreat/conference center. The business plan suggested certain improvements ~nllestablished the rate schedule for the center. The City renamed the retreat to the Dumas Bay r~,i ter (DBC) and implemented many of the recommendations. :~. i : ~ then, however, many changes have occurred. The conversion of the chapel into the KFT, while ~n ~ncing the usability of the overall facility, also posed new challenges. Specifically, the two Ille:~rate venues are also two separate "profit centers" must maximize respective revenue while ~h~ing the limited infrastructures. ~t! ~iS point, the physical plant of DBC is near the end of its useful life. The City needs to review the 10 I ~term options of the facility including renovation or alternate options of use/management of the ~:~at and conference program and assess the future of the KFT operation located in the facility. yB,'" will utilitze $30,000 from its capital budget to conduct a business plan/long term strategy. As pa: j"f the business plan, we will review the outdoor space usage and fee structure to better respond Iwen Wang, Management Services Director Neal Beets, City Manager I to i ser needs. Until the study is completed, the City will continue past practices in allowing limited It 1'- . 0U oor functions. 3 Ili~F 'b'I' St d . P. . easl I I U ~u ,'ng its 2007 planning retreat, the Council discussed that with the completion of the new WO ""munity Center, the PAC should be a priority for the community. The Council remarked that it will tia ,I~the whole community, not just the City, to realize the long-standing goal of a PAC in Federal Ij 'II f' ~ullquentIY, during the 2007 state legislative session, amendments were made to the Public Facility IDi '~ict regulation providing sales tax credit to certain jurisdictions/projects. Under this new f~e.,: ~Iation, Federal Way is eligible to receive sales tax credit for a regional center. However, the I,r, ~ct must commence construction by July 1, 2008 - an unattainable goal given that the 1'0; 'munity has just started the organization efforts. I hi ~ttemPt to convince the legislature to extend the construction start date to July 1, 2009 was not JU~I .essful. However, our efforts left an impression, with several legislators who encouraged Federal fit ~: ~to continue its efforts and to be prepared to demonstrate progress toward this project when the '0, 8 legislative session begins. It:: ~minimum, the City will need to complete a feasibility study, including a financial pro forma, to ph ,:.. there is sufficient demand and to determine the facility can be supported by the community. h; ~easibility study is not currently budgeted. ' hi se three studies are all necessary in the long term. However, in the near term, staff believes the , : ~ feasibility study - not the Cultural Plan Update - will be most important in helping the I,o;"munity reach its long outstanding goal. ~nl ~tegral part of the .PAC feasibility study is a review of KFT's operations, both with and without a ~el, ~PAC. The City must determine how the two facilities can complement, not compete, with each II,t'r. Without a new PAC, we need to understand how the KFT can best serve the community's I. I e:i as and under which management model. , J _eview should also include the DBC given the joint operation nature of the facility with the KFT. I 0: ~b-contract with another consultant with different expertise and skills to handle part of this I ni agement. , 4. I n ~im Solution for Existin Users . rh' ~e studies and reviews will take some time to complete and adopted by the Council. Before then, Ihi ~:are a couple of special uses at KFT and DBC the City will need to address. ee : ~rstage has requested $20,000 in financial support for the 2007/2008 season to defray their te~:: I costof KFT; and Federal Way Symphony need financial support for their summer concert at DJ' ~ to defray any assessed loss of business charges, which could be up to $5,000. ~h : ~e short term funding measures will allow both organizations to continue their performances at ~h "tacilities as in the past two years until the respective long-term business plans for KFT and DBC . r : completed to address the uses and fee structures of these facilities. ..11 I I OPTIOI I : 111,: ~irect the Cultural Plan funding toward a Performing Arts Center Feasibility Study (business I .1 ~Ian or pro forma development) including a DBC and KFT business/operations plan. ~. ~ove forward with the Cultural Plan Update and DBC Business Plan as initially planned. Direct I, ~taff to request additional funding for an independent Performing Arts Center Feasibility Study. ~nl ~ either option, $25,000 in funding is needed to help Centerstage and Federal Way Symphony to ]Iorn... ,inue their current uses of the facilities. :~ STA "F ECOMMENDATION: . I i:~ Staff rE . ~ommends option 1. 'I :~ : f~ k:\flnance\council committees\june 2007 pac funding study.doc