PRHSPSC PKT 12-11-2007
City of Federal Way
CITY COUNCIL
PARKS, RECREATION, HUMAN SERVICES AND PUBLIC SAFETY COMMITTEE
Tuesday, December 11,2007
5:15 p.m.
City Hall
Hylebos Conference Room
1. CALL TO ORDER
2. PUBLIC FORUM
3. COMMISSION COMMENTS
4. APPROVAL OF NOVEMBER 13, 2007 SUMMARY
5. COMMITTEE BUSINESS
A.
B.
C.
Mid-Biennium Review of 2007-2008 Human Service Contract
Remote Lighting Control System for City Sports Fields
Ordinance Providing and Exemption for Police Dogs From Animal
Regulations
American Traffic Solutions Contract - Red Light Photo
Enforcement
Temporary Occupancy License Agreement The Commons At
Federal Way
Law Enforcement Service Agreement with Federal Way Transit Center
Action
Action
Allen-Mpyisi
Dickinson
D.
Action
Action
Walls
Wilson
E.
F.
Action
Action
Wilson
Wilson
6. PENDING ITEMS
. Park Impact Fees
. Sheltering Programs and Services
7. NEXT MEETING - January 8, 2008 5:15pm - Hylebos Conference Room
8. ADJOURNMENT
2007 Committee Members:
Council Member Jeanne Burbidge, Chair
Deputy Mayor Jim Ferrell
Council Member Linda Kochmar
Staff:
Donna Hanson, Director
Mary Jaenicke, Administrative Assistant II
253-835-6901
City of Federal Way
City Council
PARKS. RECREATION. HUMAN SERV ICES & PUBLIC SAFETY COUNCIL COMMITTEE
Tuesday November 13, 2007
5:l5 p.rn.
SUMMARY
In attendance: Council Committee members Chair Jeanne Burbidge, Deputy Mayor Jim Ferrell, Council member
Linda Kochmar; Council member Jack Dovey, Neal Beets, City Manager, Pat Richardson, City Attorney, Deputy
Chief Andy Hwang, Commander McCall, Donna Hanson, Director PRCS, Steve Ikerd, Facilities & Property
Manager, Roger Coldiron, Senior and Youth Coordinator, Mary Jaenicke, Administrative Assistant II.
Guests: Scot Henderson, Phil Dalrymple Federal Way National Little League
Chair Burbidge called the meeting to order at 5: l5p.m.
PUBLIC COMMENT
Mr. Henderson and Mr. Dalrymple spoke regarding the needs for the Federal Way National Little League (FWNLL)
baseball complex. They have been awarded a $50,000 grant from the state, and $75,000 from King County. The
facility is in need of a lot of repair. They came today to ask for funding from the City of Federal Way. They are
applying for a grant from the Youth Sports Facilities Grant, and that grant requires a 50% match from the City. They
would like to ask the City for more than 50%; they are asking for $75,000. Completing the field house, installing
netting, and lighting the tournament field is among their priorities. Deputy Mayor Ferrell asked them how much
money they needed to meet their goal. They have compiled a list of their top nine priorities and they have people out
getting proposals. So at this time, they are unsure how much funding they need. Council member Dovey commented
that if Council decides to fund something for the FWNLL, it needs to be project specific with a start and finish date.
If an organization has a whole list of things they want done, then there is the appearance that the City is funding an
organization and letting them do what they want to do. Deputy Mayor Ferrell asked if the City gives them $75,000,
what will that money be used for. Mr. Henderson answered the funding would be used for lighting projects,
complete the field house, netting and gravel for the common areas.
COMMISSION COMMENT
None
APPROVAL OF SUMMARY
Council member Kochmar moved to approve the October 9 meeting minutes as written, Deputy Mayor
Ferrell seconded. Motion passed.
BUSINESS ITEMS
2007-2008 Youth Commission Work Plan
Senior and Youth Coordinator Roger Coldiron provided the background information. Mr. Coldiron has met with the
Commission. They spoke about what went well and what did not go well last year. They developed a work plan, and
this work plan is similar to last years plan. The Commissioners felt that these were events that were well attended
and successful. Mr. Coldiron said that this Commission is excited and energetic. Council member Kochmar
moved to approve option 1; approve the 2007-2008 Youth Commission Work Plan and place before Council
for authorization November 13, 2007. Mayor Ferrell seconded. Motion passed.
Janitorial Services Contract
No discussion was held. Council Member Kochmar moved to recommend approving the Janitorial Services bid
from SBS of America and authorize the City Manager to execute a two year contract in the amount of
$154,735.52. Deputy Mayor Ferrell seconded. Motion Passed.
PARKS, RECREA nON, & PUBLIC SAFETY COUNCIL COMMITTEE
Tuesday November 13, 2007 Summary
Page 2
Misdemeanant Jail Facilitv Study
Deputy Chief Hwang and Commander McCall presented the background information. The Department would like to
enter into a joint feasibility study. There is insufficient jail space to house misdemeanor arrestees, and contracting
with other agencies is becoming problematic. One of the key issues is that the Yakima jail contract ends in 20 1 0 and
they are unsure if jail space will be available after that time. The King County jail contract will end in 2012, and
there is no certainty that jail space will be available there either. There are currently five jail contracts in place. The
City hired Ricci-Greene consultants to develop a long term jail plan for the City. They are reporting that the 39
cities in King County will need around l,450 beds by 2026. Approximately 700 beds will be needed in South King
County. The South King County cities that are interested in being a part of the feasibility study are: Des Moines,
Federal Way, Renton, Tukwila, Auburn and Kent. The keys to success will be a full service jail, a unified
transportation system is essential, and a unified court system. Deputy Mayor Ferrell asked in regards to the unified
court system., ifit would be a City of Federal Way judges presiding over video making bail decisions and
arraignments. In domestic violence cases bail and no contact orders are critical components. City Manager Beets
stated that there has been discussion that judges from a particular jurisdiction can be delegated responsibilities on a
rotating basis. The discussion at this time is to see if it is legal and desirable. Deputy Mayor Ferrell is concerned
about letting another city's judge determine bail decisions and no contact orders. He wants to make sure that it is
known that he wants Federal Way judges reviewing Federal Way cases. Our cost for the feasibility study will be
$32,200; or $l9,320 if Auburn decides to participate. Discussion was held regarding if the City would want the jail
to be built in Federal Way. Each city needs to provide two sites where the jail could be built. City Manager Beets
stated that staff could review what those sites could be, and have a discussion with Council on how aggressively we
should pursue having the jail facility in the City Of Federal Way. Council Member Kochmar moved to accept
option 1; Enter into an agreement to jointly conduct a study. Deputy Mayor Ferrell seconded. Motion Passed.
Ordinance to amend the name of the Federal Way Department of Public Safety to the Federal Way Police
Department
Ms. Richardson presented the background information. The name Department of Public Safety is confusing to the
public. It usually means that the Department includes a jail, and other roles besides policing. The proposed
Ordinance changes Department of Public Safety to Federal Way Police Department. Deputy Mayor Ferrell moved
to accept Option 1; recommend approval of the Ordinance and forward to the full Council for first reading at
the November 20th, 2007 meeting. Council member Kochmar seconded. Motion passed.
An Ordinance Correctine: Various Nonsubstantiative Errors in the Federal Way City Code
Ms. Richardson presented the background information. This Ordinance corrects various errors that have been found
in the code. These are housekeeping corrections. Council member Kochmar moved to approve Option 1;
Recommend approval of the Ordinance and forward to the full Council for first reading at the November
20th, 2007 meeting. Deputy Mayor Ferrell seconded, motion passed.
Resolution Directine: a Draft Re-Codification of the Federal Way City Code
Ms. Richardson presented the background information. This is a format that the state law uses; it is a numbers
system rather than an Articles division, which is what we currently use. The code publishing company that we
currently use can do this for $7500. Deputy Mayor Ferrell moved to approve Option 1; Recommend approval
of the proposed Resolution and forward to the full Council for first reading at the November 20th, 2007 City
Council meeting. Council member Kocbmar seconded, motion passed.
NEXT MEETING - December 11, 2007 5:15 p.m. in the Hylebos Conference Room
ADJOURNMENT - Meeting adjourned at 5:58p.m.
COUNCIL MEETING DATE: December 18,2007
ITEM
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Remote Lighting control system for City sports fields
POLICY QUESTION: Should the Council accept the remote lighting control bid from Musco Lighting and
authorize the City Manager to execute a contract?
COMMITTEE: PRHS&PS
MEETING DATE: Dec. 11,2007
CATEGORY:
X Consent
D City Council Business
D Ordinance
D Resolution
D
D
Public Hearing
Other
~!~!_I!:_~_PO~!~y':_!I_~_Q~~~~~Q~?_!'.~_~_~_ERY!~Q~__________.__.____._____
DEPT: Parks, Rec & Cult Services
This system will integrate five individually controlled sports field lighting systems into one central contrdlled
system for better efficiency and energy savings at Celebration, Steel Lake AnnexlKarlGrosch, Sacajawea,
Saghalie and Lakota Parks.
This new system will allow staff to remotely turn the lights on or off at individual fields without having to send
someone to adjust a time clock. This will reduce the amount of times that lights are left on due to cancelled
games, rainouts or delays. This will also reduce the need for overtime callouts due to an unforeseen reason in
which a team shows up to play and the lights are not on. The user group could call a designated number and then
City staff could use a phone and activate the system remotely. This system also has the capabilities for future
upgrades, such as locking restroom doors at night.
The City of Sea Tac has been using a Musco central control system and gives high recommendations. The
system will include control equipment, communication equipment, software and 24/7 customer support, which
includes remote programming.
The City solicited quotes by advertising for the required 14 days. One quote was submitted by Musco Lighting
who appears to be the only real provider in the Sports Field lighting industry with the added features of having a
call in method to change lighting settings and creating game schedules with associated software.
Bid for materials, installation and training: $43,560 tax included
Recommended contract amount:
2007/2008 Council approved budget
Park Facilities budget
Park Facilities budget
Total contract amount
$42,500
$ 1,060 difference from quote and line item budget
$ 4.356 contingency /additional services
$48,976
Options: Award! Decline
--..........-.--.-.------........----.--..-.-...---.-.-.............--.--............--.............-.--..................._____...__...................__._......_.........._____........__..__.............__..__................_........_m............__........_______....______._.__....._......._........__.____...
STAFF RECOMMENDATION: Staff recommends approving the remote lighting control bid from Musco Lighting
authorize expenditures of Park Facilities budget and authorize the City Manager to execute a contract totaling
$48,976.00.
CITY MANAGER ApPROVAL:
DIRECTOR ApPROVAL:
Council
ommittee
Council
8- )
COMMITTEE RECOMMENDATION: Forward to full Council on December 18 consent agenda to approve the
remote lighting control bid from Musco Lighting and authorize staff to execute a contract totaling $48,976.00.
Committee Chair
Committee Member
Committee Member
PROPOSED COUNCIL MOTION: "I move approval to accept the bid from Musco Lighting, authorize
expenditures of Park Facilities budget for remote lighting control in the amount of $48,976.00, and authorize
the City Manager to execute a contract for services. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o T ABLEDIDEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
G-2-
COUNCIL MEETING DATE: December 18, 2007
ITEM
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Mid~Biennium Review of 2007-2008 Human Service Contracts
POLlCY QUESTION:
Should the City of Federal Way continue to provide funding to 27 human service agencies in 2008?
COMMITTEE: PRHSPS
MEETING DATE: 12/11/07
CATEGORY:
[8J Consent
o City Council Business
o Ordinance
o Resolution
o
o
Public Hearing
Other
S'!'~!_~~9._~!~X:_~_g~!i.~~~Uen-=Mpy._i.~i., H_':lma~.~_~!:Y-L~~~M~~~g~~_______~~P!: CO~~~~~~.~:~:~o.p~~~~_____
Attachments:
· Memo to PRHSPS Council Committee dated November 30, 2007.
· A table outlining the amount of funding human service agencies is receiving in 2007-2008.
· Review criteria guidelines.
· Letter from Auburn Youth Resources.
· Letter from Consejo Counseling and Referral Services
Options Considered:
I. Authorize the City Manager to approve continued funding for 26 human services agencies and the
$2l,l25, estimated to be available in the budget be awarded in the following manner: $10,000
allocated toward homeless prevention be awarded to Catholic Community Services Emergency
Assistance program in the amount of $5,000 and the St. Theresa Church/St. Vincent DePaul Society
receive $5,000 for their Emergency Services program; $7,000 (from Hospitality House's 2008
contract), be allocated to the Federal Way Community Caregiving Network's Emergency Shelter
program; the $4,125 remain with Auburn Youth Resources 2007 contract and the agency continues
to receive funding in 2008. Funding in 2008 is contingent upon the agency demonstrating steady
progress in meeting its goals. If . by the second quarter the organization is not meeting their
performance measures, funding will be discontinued.
2. Not authorize the City Manager to approve continued funding for 27 human service agencies nor
divide the $21,125 between the Federal Way Community Caregiving Network, Auburn Youth
Resources, Catholic Community Services or St. Theresa Church/St. Vincent DePaul Society.
3. To amend the proposed recommendation and create a different allocation structure.
.-..---....--.-.---.---..----.--.-.---.....-.-.----...---..----------.---.......-.......---------.-.-----------..--....,----...--.--.....---.---..---.---..-.-....------...-.----.---..-
STAFF RECOMMENDATION: Option I is recommended.
CITY MANAGER ApPROVAL:
Council
DIRECTOR ApPROVAL: ht-..
Committee
Council
COMMITTEE RECOMMENDATION: HI move approval of option _ with the authorization for the City
Manager to enter into the appropriate contracts"
Jeanne Burbidge, Chair
Linda Kochmar, Member
Jim Ferrell, Member
f\- \
PROPOSED COUNCIL MOnON: "[ move approval of option _ with the authorization for the City Manager
to enter into the appropriate contracts"
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLED/DEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
f\-L
CITY OF FEDERAL WAY
CITY COUNCIL
PARKS, RECREATION, HUMAN SERVICES AND PUBLIC SAFETY COMMITTEE
Date:
From:
Via:
Subject:
November 30, 2007 ~
Angelina Allen-Mpyisi, Human Services Manager
Cary Roe, Assistant City Manager ~
Mid-Biennium Review of 2007-2008 Human Services Contracts
Policy Question
Should the City of Federal Way continue to provide funding to twenty-seven (27) human service
agencies in 2008?
Backaround and Purpose of the Mid-Biennium Review
In 1997, the Human Services Commission recommended to the City Council that the City move to using
a two-year funding cycle for human services funding to be in line with the City's two-year budget cycle.
Second year funding for agencies would be contingent upon satisfactory contract performance and on
availability of City funding. The advantages of a two-year process include: more time for human
services planning and implementation; increased efficiency for agencies and the City by eliminating the
annual application process; and more time for agencies to develop and measure outcomes.
When the City Council approved the two-year human services funding process, they emphasized the
importance of a review element to be undertaken by the Commission, with recommendations to the
Council. The purpose of the mid-biennium review is to evaluate agency contract performance and
make recommendations for any changes to individual contract funding levels for the second year of the
biennium. Because the majority of the contracted human service agencies meet or exceed their contract
goals, changes are expected to be few and minor.
Process Used to Evaluate Aaency Contract Performance
Since the beginning of the year the Commission has evaluated the contract performance of twenty-
seven (27) human service agencies operating 41 programs in three specific areas: 1) outputs, 2)
outcomes and 3) agency administration. Attached is a table listing the agencies, their programs and
funding levels for 2007-2008 and the review criteria sheet outlining the specific guidelines in each of
these categories.
Quarterly updates have been presented and the most recent briefing was held at the November 19
Human Services Commission (HSC) meeting. Commissioners have also conducted a number of agency
site visits during the months of September, October and November to determine organizational
performance and learn more about the human service agencies' programs. Based on the information
provided in the quarterly reports, twenty-three (23) organizations are on track in meeting or exceeding
their annual contract performance goals. Four (4) organizations have experienced performance
challenges and they are highlighted below:
. ACAP Child and Family Services declined the $10,000 grant for their Subsidized Childcare
program because they were unable to fulfill their contract requirements in 2007. At the
Commission's June meeting ACAP's two-year grant award was recommended to be reallocated
l\-0
to the Federal Way Community Caregiving Network's Emergency Shelter Assistance and
Catholic Community Services Emergency Assistance programs in the amount of $5,000
respectively for 2007, and St Theresa Church/St. Vincent DePaul Society's Emergency Services
program received $10,000 for 2008.
· Hospitality House determined they will not expand their women's shelter to Federal Way. As a
result their second year funding, totaling $7,000, was contingent upon the agency providing
services in Federal Way. Based on Hospitality House board's decision the Human Services
Commission, at the November 19 meeting, recommended reallocating their 2008 grant to
another program. Details regarding this decision are explained in the section entitled, "Funding
Options for the Commission to consider."
· Auburn Youth Resources Street Outreach program experienced significant challenges this year
causing the agency to not meet its performance measures in the second and third quarter
leaving a balance of $4,125 unspent in 2007. Agency representatives attended the Human
Services Commission's November 19 meeting to explain what happened. Attached is a copy of
the letter that was presented at the meeting. The letter outlined what occurred in the past
several months and the corrective action the agency took to restructure the program to improve
performance.
· Consejo Counseling and Referral Services reported meeting 59% of its legal advocacy goal and
no information had been reported on emergency food being provided. The agency submitted a
letter requesting an amendment to their annual performance goals to better reflect the needs of
their clients. Attached is a copy of the letter.
Estimated funds available for 2008
For the grant period, beginning January 1, 2008, the staff estimated the following funding to be available
through the current budget that was approved by Council back in December 2006:
Human Services General Fund
One Time funding
Total
$430,000
$ 15.000
$445,000
The breakdown of the $15,000 includes $3,000 for King County Sexual Assault Resource Center,
$5,000 for the Multi-Service Center's Food Bank program and $7,000 that was allocated to Hospitality
House. This estimate does not include what the City anticipates raising from the Human Services/United
Way fundraising campaign nor any contract balance of unused funds that will be carried forward in 2008.
Staff will not know if there are any unused funds until after the fourth quarter invoices have been
reviewed and recorded.
The Human Services Commission (HSC) will wait until the new Human Services Manager is in place to
have that individual help determine how the additional money will be allocated in the first quarter of next
year.
Funding Options for the Commission to consider
During Council's review of the Mid-Biennium budget an additional $10,000 was recommended to be
used toward homeless prevention. Because of A YR's performance, and Hospitality House did not meet
their contract conditions to be eligible to receive funding in 2008, an additional $11,125 was also
available to be added to the $10,000 for homeless prevention, bringing the total amount of funds
estimated to be available is $21,125. The HSC determined the highest need continues to be emergency
rent/shelter assistance and recommended funding to the Federal Way Community Caregiving Network's
f\-~
2
Emergency Shelter program in the amount of $7,000, Catholic Community Services Emergency
Assistance program in the amount of $5,000 and St. Theresa Church/St. Vincent DePaul Society
Emergency Assistance program in the amount of $5,000. Auburn Youth Resources (AYR) was
recommended to retain the balance of its 2007 grant ($4,125), and continue to receive funding in 2008.
Funding for A YR in 2008 is contingent upon the agency demonstrating steady progress in meeting its
goals. If by the second quarter the organization is not meeting their performance measures, funding will
be discontinued.
A YR's is the only South King County agency serving the homeless youth population. The agency has
conducted a major overhaul of its Street Outreach Program to substantially improve and strengthen its
program. New staff was added and systems were put in place to improve their ability to outreach
effectively with the homeless youth who congregate along the Highway 99 corridor. Because the new
program came on-line in September the HSC felt it was important that A YR have the opportunity to
demonstrate their new program is effective.
Option 1
Recommend continued funding in 2008 to 26 human service agencies receiving support from the City
and the $21,125 should be awarded in the following manner: $10,000 allocated toward homeless
prevention be awarded to Catholic Community Services (CCS) Emergency Assistance program in the
amount of $5,000 and award $5,000 to the St. Theresa Church/St. Vincent DePaul Society for their
Emergency Service program; $7,000 (from Hospitality House's 2008 contract), be allocated to the
Federal Way Community Caregiving Network's (FWCCN) Emergency Shelter program; the $4,125
remain with Auburn Youth Resources 2007 contract and the agency continues to receive funding in
2008. Funding in 2008 is contingent upon the agency demonstrating steady progress in meeting its
goals. If by the second quarter the organization is not meeting their performance measures, funding
should be discontinued. The proposed funds to the FWCCN, CCS and St. Theresa/St. Vincent DePaul
Society will be used towards emergency rent/shelter assistance.
Option 2
Continued funding is not recommended in 2008 to the 27 human service agencies nor is the $21,125
being recommended to be allocated to the FWCCN, AYR, CCS or St. Theresa Church/St. Vincent
DePaul Society.
Option 3
To amend the proposed recommendations and create a different allocation structure.
Staff Recommendation
Staff recommends Option 1.
Human Services Commission Recommendation
At the November 19, 2007 meeting the Human Services Commission (HSC) approved continued funding
in 2008 to 26 human service agencies receiving grant support from the City. Furthermore, the HSC
approved that the $21,125 be awarded in the following manner: $10,000 for homeless prevention be
divided between Catholic Community Services in the amount of $5,000 and St. Theresa Church/St.
Vincent DePaul receive $5,000 toward their emergency assistance programs; $7,000 (from Hospitality
House's 2008 contract) be re-allocated to the Federal Way Community Caregiving Network's
Emergency Shelter program; $4,125 remains with Auburn Youth Resources subject to the condition of
meeting contract performance by the second quarter of 2008 or funding will be discontinued.
3
f\-5
Committee Recommendation
Forward option
to the full City Council and place this item on the December 18 consent agenda.
A~lQ
4
A +f-Ct. v{VY1-e.11 +. .:1.
City of Federal Way
2007-2008 Human Services General Fund Awards
APPLICANT PROGRAM 2007CITY 2008 CITY
FUNDING FUNDING
AcAP Child & Family Services APPLE Parenting $ 6,000 $ 6,000
ACAP Child & Family Servicesl childcare Subsidies $ 0 $ 0
Program
Auburn Youth Resources Street Outreach Team $ 5,500 $ 5,500
Program
Birth to Three Development Family Services $21,000 $2l,000
Center Program
Catholic Community Services Emergency Assistance $12,000 $ 7,000
Catholic Community Services After Hours Voucher $ 3,000 $ 3,000
Program
Catholic Community Services Volunteer Chore $ 4,000 $ 4,000
Children's Home Society ofW A Strengthening Families $ 5,000 $ 5,000
Program
consejo Counseling & Referral DV Community $ 5,000 $ 5,000
Service Advocacy
Community Health Centers of Natural Medicine $ 5,000 $ 5,000
King County
Community Health Centers of Dental Care $15,900 $15,900
King County
Community Health Centers of Medical Care $31,600 $31,600
King County
Crisis Clinic Teen Link Program $ 4,000 $ 4,000
Crisis Clinic Telephone Services $11,000 $11,000
Domestic Abuse Women's Crisis Line Services $ 0 $ 0
Network
Domestic Abuse Women's Shelter services for DV $l7,000 $17,000
Network victims
Domestic Abuse Women's Latina Community $ 3,000 $ 3,000
Network Advocacy
Emergency Feeding Program Emergency Feeding $ 7,800 $ 7,800
Evergreen Club Senior Services for $ 2,700 $ 2,700
Korean Seniors
Federal Way Community Emergency Shelter $20,000 $15,000
caregiving Network
Federal Way Senior Center Nutrition Program $12,500 $12,500
FUSION Transitional Housing $ 5,000 $ 5,000
for Women/Children
Hospitality House Shelter-Single $ 4,765 $ 7,000
Homeless Women
1 Agency declined grant and funding was reallocated in June 2007 to the following agencies Catholic Community
Services EA program, the Federal Way Community Caregiving Network, and S1. Theresa Church/St. Vincent
DePaul Society.
Revised l1/27/2007
f\-l
A-H-q cA/h en+ J-.
City of Federal Way
2007-2008 Human Services General Fund Awards
APPLICANT PROGRAM 2007 CITY 2008 CITY
FUNDING FUNDING
Institute for Family Development P ACT Program $ 3,000 $ 3,000
Joseph Foundation Noyes Foundation $ 3,000 $ 3,000
Kc Sexual Assault ResourceL Sexual Assault $36,000 $36,000
Center
Korean Women's Association We are Family $ 6,000 $ 6,000
Counseling
Multi-Service Center . Emergency & $36,000 $36,000
Transitional Housing
Multi Service Center Adult Literacy' $12,000 $12,000
Multi-Service CetiterJ Food.~ CI()tl1ing13cmk $37,OQQ $~'7,QOQ
PrejUlancv Aid of SKc PrejUlancy Aid $ 4,500 $ 4,500
Refugee Women's Alliance Family Support $ 5,000 $ 5,000
Program
Senior Services of Seattle Kc Meals on Wheels $ 9,500 $ 9,500
Program
Senior Services of Seattle Kc Congregate Meals $ 5,000 $ 5,000
Program
Senior Services of Seattle Kc Volunteer $ 6,000 $ 6,000
Transportation
St. Theresa Church/St. Vincent Emergency Services $ 10,000 $10,000
DePaul Society
Ukrainian Community Center RussianlUkrainian $ 3,000 $ 3,000
Refugee Assistance
Valley Cities Counseling & DV Advocacy $22,000 $22,000
Consultation/Federal Way Youth
& Family Services
Valley Cities Counseling & Family Support $lO,OOO $10,000
consultationIFederal Way Youth Program (Laurel wood
& Family Services Gardens)
Valley Cities Counseling & Mental Health $39,000 $39,000
Consultation/Federal Way Youth Counseling Program
& Familv Services
WWEE REACH Plus Program $ 0 $ 0
YWCA of Seattle Kc Services for DV $ 4,000 $ 4,000
Victims
TOTAL FUNDING
$452,765
$445,000
2 The original HSC recommendation was for $33,000. During City Council's budget deliberations in 2006 they
awarded an additional one-time grant of$3,000 ($6,000 total for 2007-2008) to KCSARC to increase their two
year grant award to $36,000.
3 The original HSC recommendation was for $32,000. During City Council's budget deliberations in 2006 they
awarded and additional one-time grant of $5,000 ($10,000 total for 2007-2008) to the Food Bank to increase
Multi-Service Center's two year grant award to $37,000.
Revised l1/27/2007
2
"A-~
ATTACHMENT 2
City of Federal Way
2007 -2008 Mid-Biennium Review of Human Services Contracts
Review Criteria
The review of each program summarizes the Human Service Grantee's performance in
the areas of outputs, outcomes and agency administration. Below is the criteria each
agency should achieve in three specific areas.
Outputs (Quantity of services delivered)
. Based on the agencies second quarter report, agencies should demonstrate they are
near 50% of their annual goal.
. Agencies who are less than 50% of their goal will have a solid rationale for being
behind and an action plan for meeting remaining annual goals.
. Agencies that were funded in past years, their contract performance of the previous
full year will be taken into account. (I.e. if an agency is behind in meeting contract
goals, is this the first time they've been behind or do they have a history of being
behind?).
Outcomes (Is the program making a difference)?
. The agency is collecting and reporting outcome data to the City.
. The agency uses clear indicators and appropriate measuring tools to document
progress toward outcomes.
. If the agency is not using clear indicators, the agency has revised their outcomes,
indicators, tools, and data collection methods to accurately report whether they are
making progress toward achieving their outcomes.
. The agency reports results that can demonstrate whether measurable differences
have occurred.
Agency Administration
. The agency complies with City contract requirements, including submission of timely
and accurate quarterly reports.
. The agency appears to be running smoothly, without major organizational capacity
issues (Le. turnover) or negative program changes.
. The City has received no complaints about the program's services.
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A YR lGesources jor (jouth aruijamLties
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COMMUNITY DEVELOPMENT DEPARTMENT
NOV 0 8 2007
816 F Street SE · Auburn, Washington 98002-6121
phone: (253) 939-2202 · fax: (253) 735-1894
November 6, 2007
Angelina Allen-Mpyisi
City of Federal Way
Human Services Manager
33325 8th AVE. S.
Federal Way, W A 98063-9718
Dear Angelina,
I am writing this letter in response to Auburn Youth Resources' (A YR) 2007 outcomes
for our Outreach Program. In 2007, our goal for serving Federal Way youth is to enroll
35 youth into case management services and provide 184 hours of service to these youth.
As you know, we were unable to meet our goals for the first or second quarter. While we
anticipate improvement in the third and fourth quarters, we still do not expect to meet our
year end targets. Asa result of this the city of Federal Way has suspended our 2007
funding effective April I, 2007.
We attribute the situation during 2007 to a number of factors that occurred during the
year including staffing and a major overhaul of our Outreach program. I hope to describe
in this letter the unique year A YR's Outreach Program has had, how we have responded
to these unique circumstances, and what we have implemented to substantially improve
and strengthen our program.
Auburn Youth Resources' Outreach Program staff includes a .l25 FTE Director, 2 FTE.
Case Managers and a.5 FTE Peer Leader. We were fully staffed at the beginning of
2007, however, by mid February, our Peer Leader had resigned and one of our Case
Managers was out on medical leave. This left only one full time Case Manager, and less
than a part time Director in the program. We began to look for a full time Case Manager
in late spring when it became clear that the staff person on medical leave would not be
returning to work. We found that it was very difficult to fill this position. We interviewed
several candidates over the summer; however, we were not able to actually fill the
position until mid-September 2007. While we have hired a full time Case Manager, we
are still hiring for our Peer Leader position. In summary, the Outreach Program was
being staffed with one-half the normal staffing level from mid-February through mid-
September.
We decided to use the time when we were understaffed to reexamine our program and
develop new strategies to expand and improve our services. To assist us in this process
we hired a Consultant, Connor Sharpe, who is experienced in the field and who has
extensive knowledge of Outreach Programs in King County. After interviewing our staff
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and reviewing our procedures, he gave us several recommendations for how to reorganize
our program to increase our efficiency. Since June 2007 we have implemented the
following changes/strategies:
. Scheduled street outreach during late evening, and weekend hours on a
consistent basis as the majority of homeless youth are on the streets during those
times,
. As a result of the schedule change we implemented a policy that street outreach
is only done in teams of two (as opposed to case managers working
independently),
. Collaboration with our two Residential Programs was strengthened to enroll all
placements who qualify for Outreach services,
. A policy and procedure manual was developed specific to Outreach workers,
. Updated and consolidated forms to make it easier for clients to use,
. Met with other community services including 8 middle schools/high schools in
King County, and participated in 2 ride alongs with the Auburn and Federal
Way Police Departments These activities will continue to help at risk youth
aware of the services available through the A YR Outreach Program,
. Developed and distributed community and youth friendly flyers with
information about our program and how to access our services and
. Increased the Director's time to the program to .25 FTE
At this time we believe that we will meet our goals for the third and fourth quarters
however will not meet our total goals for the 2007 year. We are continuing to focus our
efforts on strengthening our community relationships and as well as our street outreach
schedule to maximize the potential to engage with homeless youth. We certainly
understand if the City determines that funding should continue to be suspended during
2007.
With regard to 2008, we propose that we shift our contract focus in response to what we
have learned during these past 8 months. As we have discussed with Federal Way's
Human Services Commission before, the homeless youth population is a very difficult
group to help because this group tends to be extremely distrustful of any formal system. It
often takes one of our case managers several times meeting with a youth, before a youth
agrees to engage in services. We estimate that out of four or five youth our Case
Managers encounter, only one ofthese youth will enroll in our program.
f\-1\
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As noted above, in order to maximize our engagement with homeless youth we have
shifted our outreach schedule to include later evening and weekend hours. This will
increase the number of homeless youth we encounter; however, our workers will now do
outreach in pairs due to increased safety concerns that arise from those hours. This means
that our two Case Managers must do street outreach together, instead of individually.
Therefore, we suggest that for the 2008 contract year our first performance measure is to
engage, or encounter, 60 homeless youth who are eligible for our services. Our second
performance measure would count how many youth actually enroll in our services. We
estimate that this number would be 20 youth who agree to work with our Case Managers
on a consistent basis. In our opinion, these new performance measures will be a much
more meaningful number to capture because it will document the level of youth
homelessness in Federal Way, and how many of these youth are willing to participate in
services.
In order to further increase and strengthen services noted above that relate specifically to
our Outreach Program we have taken the following additional actions during 2007 ~
. Applied for a Federal grant focused on sexually exploited youth. While we were
not successful, this process helped us learn about other grants that could be
available that would allow us to increase our services in the Federal Way area.
We intend to continue to pursue these types of revenue opportunities as .part of
our overall strategy to strengthen the Outreach program.
. We have also participated with two other agencies in a funding request to United
Way to implement a "best practice" model, Wrap Around, in the A YR Outreach
Program. If we are successful we believe that implementing this approach will
substantially strengthen services to this population.
. In addition, Auburn Youth Resources is an ongoing partner with several other
agencies to address the specific needs of homeless youth in the South King
County area, including Federal Way. This collaboration is in the process of
developing plans for facility based services in South King County. Currently,
there is no housing for this population in the area and all of us involved in this
collaboration believe that a plan can be developed and implemented that will
allow for homeless youth in South King County to reside in housing units located
in South King County.
Please be assured that Auburn Youth Resources is committed to providing meaningful
services to the homeless youth population throughout South King County including the
Federal Way area. Our commitment is strategic and long-term. We are very much aware
that this is a very difficult task and that revenue must be generated from a variety of
sources. We are committed to strengthening our current program, improving services and
developing new approaches in our efforts to serve the homeless youth population in
South King County. We greatly value and welcome Federal Way's continued partnership
in our program.
h-l2-
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Please feel free to contact me or Carlye Tercero, Outreach Director, at 253.804.2652 with
any questions regarding this letter, or A YR's Outreach Program.
Sincerely,
~~,
~~In~~L~'_ ~lanchard
Executive Director
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Consejo Counseling & Refenal Services
.3808 South Ar,lgeline Street, Seattle, W A. 98118
TEL: (206) 461-4880 FAX: (206) 461-6989
tONII)O
Angelina Allen-Mpyisi
Human Services Manager
City of Federal Way
33325 8th Avenue South .
p.d. Box 9718 .
FederalVVay. VVA.98063-9718
Dear Angelina:
Please accept this letter as a written request that the performance measures of
"Emergency Food" and "Legal Advocacy" be adjusted for the remainder of the 2007 and
the 2008 Domestic Violence Advocacy program to more accurately reflect the work that
is being accomplished.
As we discussed previously, I was not the Domestic Violence Program Manager at
Consejo when this contract was negotiated. Had I been, the performance measure of
"Emergency Food" would never have been included. Simply put, it is not a measure
over which our advocates have any control. Advocates have access to emergency food
cards to give to clients on an "as-needed" basi~. However, there is no action that an
advocate can take in order to. ensure that specificcUents from specific geographtp
locations are those who are in need of food. If none of the advocate's Federal Way
clients have been in an emergency situations for which' they have needed to request
fQod, this is a not a situation that the advocate is able to correct with more effort or
outreach on her part. I' do not feel that Consejo can promise that we will fulfill this
COMmitment when it is not in our ability to affeyt the outcome;. For this reason, I hereqy
request that the performance measure of "Emergency Food" be deleted from the
Domestic Violence Advocacy program contract,.
In regards to other performance measures, Consejo has already far surpassed the
number of unduplicated clients we committed to. In fact) we have virtually doubled that
number already as, of the end of the 3rd quarter. However, the number of direct service
"Legal Advocacy" hours was unfortunately overcommitted to begin with and should be
revised. According to the performance commitments for clients and direct service hours
(which were based upon prior data collection methods) Consejo committed tosefVe20,,~,
Federal Way residents with 100 "Community Advocaay" and 120 "Legal Advocacy"
hours. This represents a total of 220 hours per client. for an average of approximately
11 hours per client during the contract perio~.'
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When I came on board in January 2007 as the new Domestic Violence Program
Manager, the domestic violence program at Consejo implemented a brand-new.
program-wide database tracking system. The idea was that this new system would
allow for more accurate tracking and reporting .of direct service client hours. easier
sorting of demographic data, an improved method of tracking clients to. be measured for
. outcomes, more accountability of staff time, and a more accurate idea of staff l;Jnder-and
over-performanGe.
Upon implementation of the new. data system, all advocates were instructed to only
report the hours they spent in direct client service. This included either face-ta-face, by.
telephone, or advocating directly with another provider in person or by phone on behalf
of the client. No travel time,' preparation time, paperwork time or other such activities
were to be reported. .
Recently, as the Program Manager, I have been made aware that the criteria given to
the advocates in January for reporting client service hours is substantially different than
was utilized in previous years in the Domestic Violence Advocacy program. Apparen\ly
the program previously reported any and all hours expended by the advocates on beh~lf
of the client, including travel time to and from appointments, time spent waiting for n9-
shows, time spent gathering documentation or writing letters on behalf of clients, time!),!!
spent on client paperwork, etc. . . .
Upon comparing the data collection methods before and after January 2007, it seem~
apparent that contract goals proje.cted before the change (based upon previous years'
data) would not be congruent with the new system. Federal Way is not the only oity for
which the direct service hours were far overcommitted. Consejo has already
renegotiated contracts with several other King County cities to more accurately reflect
the reality of the work the advocates are performing: Based upon the new data
collection definitions, I hereby request that the performance measure of nlegal;
Advocacy" hours be revised to 100 total hour~. Based upon the work perfo~med so
far, I feel confident that Consejo will be able to meet this revised goal.
It should also be noted that, out of a total allocation of approximately $39,938.00 for a
1.0 FTE advocate for South King County, the current funds awarded for 2007 from the
City of Federal Way are $5,000. This represents approximately 12.5% of the
advocate's time being funded by the City of Federal Way. However, out ofthe caseload
that the advocate has currently served to date, Federal Way residents make Lip
approximately 39% of the clients she has seen.
Thank you for your time and attention to this matter.
Si/id~ ~
c~~r
Domestic Violence Pro
.,.
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5859l91;191212:
01;1:ll LI2II2I2:/5l/ll
COUNCIL MEETING DATE: December 18,2007
ITEM
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: An Ordinance Providing an Exemption for Police Dogs from Animal Regulations
POLICY QUESTION: SHOULD THE CITY COUNCIL PASS AN ORDINANCE PROVIDING AN EXEMPTION FOR
POLICE DOGS FROM ANIMAL CONTROL REGULATIONS?
COMMITTEE: P ARKS RECREATION & PUBLIC SAFETY
MEETING DATE: Dec. 11, 2007
CATEGORY:
o Consent
o City Council Business
[8J Ordinance
o Resolution
o
o
Public Hearing
Other
STAFF REPORT By: AARON
DEPUTY CITY ATTORNEY
DEPT: Law
Staff is proposing an ordinance that would provide an exemption from animal regulations under Chapter 4
Animals. This is in recognition that a specially trained dog under the supervision of a law enforcement officer is
an effect law enforcement tool. However, currently the normal course of a police dog's duties, including the
reasonable and lawful use of force, could cause it to be in violation of animal regulations intended for animals
that are not trained, supervised, and acting to enforce the laws.
Attachments: Proposed ordinance.
Options Considered: I. Recommend approval of the Ordinance and forward to the full Council for first
reading at the December 18, 2007 meeting.
2. Modify the proposed Ordinance and forward to the full council for first reading at
the December 18, 2007 meeting.
3. Do not approve the proposed Ordinance.
..._...._....>--_..-......_~.__.._---_..._-- ........---....--......--.......---..---.--.--............-.--..-.-----'-'--"00- ....~._......_.........._...._._...._..___....__._......_._.__.....____no. ...........___...............__...__....._......................,....._______._....__.._...........__.._._....
STAFF RECOMMENDATION: Approve Option 1.
CITY MANAGER ApPROVAL:
Council
DIRECTOR ApPROVAL: p~
Committee
Council
COMMITTEE RECOMMENDATION:
Committee Chair
Committee Member
Committee Member
PROPOSED COUNCIL MOTION: HI move approval of Option
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o T ABLEDIDEFERRED/NO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
C-1
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF FEDERAL WAY, WASHINGTON,
PROVIDING AN EXCEPTION TO ANIMAL
REGULATIONS FOR POLICE DOGS, AMENDING
CHAPTER 4 ANIMALS. (Amending Ordinance Nos
Ord. No. 90-30, 92-153, 06-527, 06-530)
WHEREAS, Police dogs are an important tool in law enforcement that are
highly trained and supervised by highly trained handlers, and in the course of
their duties, police dogs are called upon to act in ways that are not allowed for
privately owned animals. These duties include at times the reasonable and
lawful use of force in the same manner as police officers; and
WHEREAS, The City of Federal Way has enacted animal regulations that
were not intended to interfere with the lawful use of police dogs as an effective
law enforcement tool and were not intended to prevent the lawful performance of
duties by police dogs and the trained law enforcement officers that use them; and
WHEREAS, the City Council of the City of Federal Way finds it in the best
interest of the City and its citizens to provide for an exemption for police dogs
from City of Federal Way animal regulations; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, DO ORDAIN AS FOLLOWS
.
SECTION 1. Chapter 4, Article I, Section 4-1 of the Federal Way City
Code shall be amended to read as follows:
4-1 Definitions.
The following words, terms and phrases, when used in this chapter, shall have
the meanings ascribed to them in this section, except where the context clearly
L-2-
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indicates a different meaning:
Abatement shall mean the termination of any violation by reasonable and lawful
means determined by the director of the animal control authority in order that a
person or a person presumed to be the owner shall comply with this chapter.
Animal shall mean any living creature except human beings, insects and worms.
Animal control authority shall mean the county animal control division,
department of general services, acting alone or in concert with other
municipalities for enforcement of the animal control laws of the county and city
for the shelter and welfare of animals.
Animal control officer shall mean any individual employed, contracted or
appointed by the animal control authority for the purpose of aiding in the
enforcement of this chapter or any other law or ordinance relating to the
impoundment of animals, and includes any state or municipal peace officer,
sheriff, constable or other employee whose duties in whole or in part include
assignments which involve the seizure and taking into custody of any animal.
Animal rescuer means any individual who routinely obtains an unwanted dog or
cat and who locates within 90 days an adoptive home for that spayed or neutered
dog or cat; provided, however, an interim, administrative extension may be
granted by the animal control authority for a maximum of six months if a dog or
cat is pregnant, nursing, or injured and that condition is verified by a veterinarian.
Cattery means a place where four or more adult cats are kept, whether by
owners of the cats or by persons providing facilities and care, whether or not for
compensation, but not including small animal hospital, clinic or pet shop. An adult
cat is one of either sex, altered or unaltered, that has reached the age of six
months.
Dangerous dog shall mean any dog that according to the records of the animal
control authority:
(1) Has inflicted severe injury on a human being without provocation on public or
private property;
(2) Has killed a domestic animal without provocation while off the owner's
property;
(3) Has been previously found to be potentially dangerous and the owner having
received notice of such and the dog again aggressively bites, attacks, or
endangers the safety of humans or domestic animals;
(4) Has a known propensity, tendency or disposition to attack without provocation
to cause injury or otherwise endanger humans and/or domestic animals based
upon notice to the owner;
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(5) Bites or attacks without provocation after prior notice to the owner;
(6) Is defined as a "dangerous dog" under RCW 16.08.070 as it currently exists
or is amended in the future.
Director shall mean the director of the county department of health.
Domesticated animal shall mean those domesticated beasts including any dog,
cat, rabbit, horse, mule, ass, bovine animal, lamb, goat, sheep, hog or other
animal made to be domestic.
Euthanasia shall mean the humane destruction of an animal, accomplished by a
method that involves instantaneous unconsciousness and immediate death, or
by a method that causes painless loss of consciousness and death during such
loss of consciousness.
Grooming service means any place or establishment, public or private, where
animals are bathed, clipped or combed for the purpose of enhancing their
aesthetic value and/or health and for which a fee is charged.
Harboring, keeping or maintaining a dog or cat shall mean performing any of the
acts of providing care, shelter, protection, refuge, food or nourishment in such
manner as to control the animal's actions, or that the animal is treated as living at
one's house by the homeowner.
Hobby cattery means a noncommercial cattery at or adjoining a private residence
where four or more adult cats are bred or kept for exhibition for organized shows
or for the enjoyment of the species; provided, however, a combination hobby
cattery/kennel license may be issued where the total number of cats and dogs
exceeds the number allowed in FWCC 9-186.
Hobby kennel means a noncommercial kennel at or adjoining a private residence
where four or more adult dogs are bred or kept for hunting, training and exhibition
for organized shows, field, working and/or obedience trials, or for enjoyment of
the species; provided, however, a combination hobby cattery/kennel license may
be issued where the total number of cats and dogs exceeds the number allowed
in FWCC 9-169.1.
Juvenile means any dog or cat, altered or unaltered, that is under the age of six
months.
Kennel shall mean a place where four or more adult dogs are kept, whether by
owners of the dogs or by persons providing facilities and care whether or not for
compensation, but not including a small animal hospital or clinic or pet shop. An
adult dog is one of either sex, altered or unaltered, that has reached the age of
six months.
Known propensity shall mean an inclination for behavior that the owner is or
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, PAGE 3
should be aware of.
Livestock means cattle, hogs, sheep, goats, horses, llamas and other large
grazing animals, but does not include small, wild or predatory animals, as defined
in King County Code 21.04.540.
Owner shall mean any person having an interest or right of possession to an
animal or any person having control, custody or possession of an animal, or by
reason of the animal being seen residing consistently at a location, shall be
presumed to be the owner.
Packs of dogs shall consist of a group of two or more dogs running upon either
public or private property not that of their owner in a state in which either their
control or ownership is in doubt or cannot readily be ascertained, and when such
dogs are not restrained or controlled.
Pet shop shall mean any person, establishment, store or department of any store
that acquires live animals, including birds, reptiles, fowl and fish, and sells, or
offers to sell, or rents such live animals to the public or to retail outlets.
"Police doq" means a doq used by a law enforcement aqency and specially
trained for law enforcement work.
Potentially dangerous dog shall mean a dog the owner reasonably knows has
aggressively bitten, attacked or endangered humans and/or domestic animals
and as defined under RCW 16.08.070.
Running at large shall mean to be off the premises of the owner or custodian and
not secured by a leash 20 feet or less.
Service animal means any animal which is trained or being trained to aide a
person who is blind, hearing impaired, or otherwise disabled and is used for that
purpose and is registered with a recognized service animal organization.
Severe injury shall mean any physical injury that results in broken bones or
lacerations requiring multiple sutures or cosmetic surgery.
Shelter shall mean a facility which is used to house or contain stray, homeless,
abandoned or unwanted animals and which is owned, operated or maintained by
a public body, an established humane society, animal welfare society, society for
the prevention of cruelty to animals, or other nonprofit organization devoted to
the welfare, protection and humane treatment of animals.
Special hobby kennel license means a license issued to pet owners under certain
conditions, who do not meet the requirements for a hobby kennel license, to
allow them to retain only those specific dogs and cats then in their possession
until such time as the death or transfer of such animals reduces the number they
, PAGE 4
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ORD#
possess to the legal limit set forth in this chapter.
Under control shall mean the animal is under voice competent and/or signal
control so as to thereby be restrained from approaching any bystander or other
animal and from causing or being the cause of physical property damage when
off a leash or off the premises of the owner.
(Ord. No. 90-30, 9 2{A) - (N), (P) - (T), 2-13-90; Ord. No. 92-153, 92,11-17-92;
Ord. No. 06-527, 91,6-20-06; Ord. No. 06-530, 91, 8-1-06)
SECTION 2. A new section is added to Chapter 4 Article I of the Federal
Way City Code to read as follows:
4-28 - Police doa exemption
All police doqs owned by a public law enforcement agency or its aqents shall
be exempt from all provisions of Chapter 4, Animals.
SECTION 3. Severability.
Should any section, subsection, paragraph, sentence, clause, or phrase of
this chapter, or its application to any person or situation, be declared
unconstitutional or invalid for any reason, such decision shall not affect the
validity of the remaining portions of this chapter or its application to any other
person or situation. The City Council of the City of Federal Way hereby declares
that it would have adopted this chapter and each section, subsection, sentence,
clauses, phrase, or portion thereof, irrespective of the fact that anyone or more
sections, subsections, sentences, clauses, phrases, or portions be declared
invalid or unconstitutional.
SECTION 4. Corrections.
The City Clerk and the codifiers of this ordinance are authorized to make
necessary corrections to this ordinance including, but no limited to, the correction
of scrivener/clerical errors, references, ordinance numbering, section/subsection
G-~
, PAGE 5
ORD#
numbers and any references thereto.
SECTION 5. Concurrent Leqislation. A currently pending ordinance,
Ordinance number _, An Ordinance clarifying language, correcting references,
and correcting other inadvertent errors, amends FWCC 4-1 as does this one;
changes made to FWCC 4-1 in this ordinance are intended to be in addition to
changes made by the other ordinance, this ordinance is not intended to repeal,
reenact, or modify portions of the section that are enacted, repealed, or modified
by the other ordinance;
SECTION 6. Ratification. Any act consistent with the authority and prior
to the effective date of this ordinance is hereby ratified and affirmed.
SECTION 7. Effective Date. This ordinance shall take effect and be in
force five (5) days from and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this
day of , 200_.
CITY OF FEDERAL WAY
MAYOR, MICHAEL PARK
ATTEST:
CITY CLERK, LAURA HATHAWAY, CMC
ORD#
, PAGE 6
0-l
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
ORD # , PAGE 7
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COUNCIL MEETING DATE: December 18, 2007
ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: AMERICAN TRAFFIC SOLUTIONS CONTRACT - Red Light Photo Enforcement
POLlCY QUESTION: Should the City enter into a contract with American Traffic Solutions for a 1 year Pilot
Program for Red Light Photo Enforcement?
COMMITTEE: Parks, Recreation, Human Services and Public Safety
Council Committee
MEETING DATE: December 11,
2007
CATEGORY:
~ Consent
o City Council Business
STAFF REPORT By: Connie E.
Attachments:
I. PRHS&PS Memo
2. Time Line
3. Contract
4. Inter-local Agreement
Options Considered:
1. Accept contract with A TS for a I year Pilot Program for red light photo enforcement in the city
2. Reject contract
o Ordinance
o Resolution
o
o
Public Hearing
Other
Traffic Lieutenant
DEPT: Police Department
STAFF RECOMMENDATION: Staff recommends Option 1.
CITY MANAGER ApPROVAL: 00 ~
'!tee Council
,1 , lJ IQ/Jvll f.. tJ/oJ})vI 1
DIRECTOR ApPROVAL: p W' ItA .D .W'~
Committee Council
COMMITTEE RECOMMENDATION: PRHS&PS recommends Option _
Committee Chair
Committee Member
Committee Member
PROPOSED COUNCIL MOTION: "[ move to approve a contract with American Traffic Solutions for a 1 year
Pilot Program for red light photo enforcement and authorize City Manger, Neal Beets to sign such
agreement. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
D. APPROVED
o DENIED
o TABLED/DEFERRED/NO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/0612006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
\J-\
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE:
December 11, 2007
Parks, Recreation, and Public Safety Council Committee
Neal Beets, City Manager
Brian Wilson, Chief of Police
FROM: Connie Shupp; Traffic Lieutenant
SUBJECT: Red Light Photo Enforcement - American Traffic Solutions Contract
TO:
VIA:
Backeround
Attached is the contract with American Traffic Solutions (A TS), including the cooperative
agreement with the City of Seattle. This contract is similar in content to the original contract that
Seattle entered into with ATS over a year ago and also the contract with the City of Renton. This
contract also contains a few added equipment features that will enhance the court process with a
large monitor for reviewing infractions, a desk top computer for citizen review in the police
lobby and a desk top computer in the police department for review of infractions.
With the approval of this contract, A TS can move forward with the first phase of this project
which includes conducting a study of designated intersections, design of the intersections,
construction and installation of the cameras. Additionally, a representative from each department
will be forwarded a copy ofthis contract.
It is the recommendation ofthe staff that the City of Federal Way to enter into a contract with
American Traffic Solutions.
D-2-
1
Red Light Photo Enforcement Time Line
(Estimates)
10 Task Name Duration Start Finish
1 FW Proiect Implementation 180 davs
2 Contract Execution 12/11/07 6/11/08
3 Contract siqned "~
4 ./ OtY assiqns Proiect Manaqer ro. rL ,,-- 117. 11. A_., - /!, 1./ .. j fV //'l
5 ./ Oty assiqns court lead - G. Palermo .., }J""' VV! )
6 Otv assiqns DOT lead L/
7 ./ Otv assiqns MIS lead - M. Sadri
8 ./ Ct tv assiqns records lead - C. Schrock
9 ./ Ci tv assiqns law department lead - A Walls
10 ./ Ci tv assiqns public works lead - R. Tirhi
11 ./ Otv assiqns finance lead - M. Turlev
12 Site Selection 45 davs 12/11/07 2/11/08
13 ./ List of candidate intersections
14 VIMS validation
15 VIMS report compilation
16 Site ADDroval
17 320th & Pacific Hwy S.
18 348th & Enchanted Pky
19 Intersection Desian 28 davs 2/11/08 3/11/08
20 Provide intersection as-builts
21 Field visit - site survev
22 Define infrastructure requirements
23 Desiqn conceotual intersection layout
24 Submit plans for client review
25 DOT plan review and approval
26 Permit process
27 Construction 56 davs 3/11/08 5/11/08
28 Order DSL
29 DLS drop
30 Schedule subcontractor
31 Order and deliver hardware
32 Construction window
33 Camera installation and tuning 35 davs 4/01/08 5/11/08
34 Svstem testinq
35 ATS acceotance test
36 RlC siqn installation
37 Cameras deploved
38 ODerations 28 davs 3/11/08 4/11/08
39 FWPD meetinq
40 Municipal court kick-off meetinq
41 Kick-off meetinq
42 Violations processina 28 davs 3/11/08 4/11/08
43 Process flow desiqn
44 Business rules developed
45 Imaqe processinq procedures
46 Affidavit orocessing
47 PD violation review
48 Electronic PD officer siqnature
49 Notice mailinq process procedures
50 Customer service processinq
51 Inbound telephone call procedures
52 Inbound call handlinq
53 Correspondence processinq procedures
54 Correspondence handlinq
55 Evidence oacket procedures
S6 Undeliverable mail procedures
D'<~
10 Task Name Duration Start Finish
57 IT I Softwa re development 105 days 1/11/08 5/15/08
58 Axsis 105 days 1/11/08 5/15/08
59 FW definitions reauirements
60 FW database set-up
61 Axsis testina
62 ATS DOL subscriber forms
63 City letter to WA DOL on behalf of ATS
64 WA DOL reauirements
65 Out-of-state DOL/DMV
66 Create FW home
67 FWPD user set-up
68 City staff user set-up
69 AventailjCisco set-up
70 Live video set-up
71 Test FWDP and city connectivity
72 ATSOL Website 21 days 04/01/08 4/22/08
73 Public violation into website
74 Create FW home
75 Develop content
76 Image and video clip viewina
77 Customer web access - PIN
78 Municipal Court 28 days 3/11/08 4/11/08
79 Notice Development
80 Warning notice
81 Citation form format
82 Citation numberina convention
83 Citation approval form
84 . Notice approval
85 . Process flow review
86 HearinQ evidence requirements
87 Training 28 days 5/01/08 6/01/08
88 Police department traininQ
89 Court trainina
90 City staff traininQ
91 Public Outreach 45 days 4/01/08 6/11/08
92 City web site cage content develooment
93 Web site oaQe activated by city
94 Press release indicating commencement of
installation
95 Press release indicating commencement of
warnino period
96 Press release indicatina commencement of citations
97 Kick-off press conference
98 Launch program 1 day 6/11/08 6/11/08
99
100
D-~
CITY OF FEDERAL WAY
PROFESSIONAL SERVICES AGREEMENT
Contract Title: Traffic Safety Camera System
Contract #:
THIS AGREEMENT made and entered into on this _ day of , , by and between the City
of Federal Way, a Washington Municipal Corporation (the "City"), and American Traffic Solutions, Inc., the
Consultant (the "Consultant").
Consultant Business:
American Traffic Solutions, Inc.
Consultant Address:
14861 N. Scottsdale Road, Ste 109, Scottsdale, AZ
85254
Consultant Phone:
480-368-0900
Consultant Fax:
480-607-0901
Contact Name
Adam E. Tuton or Chief Operating Officer
Consultant e-mail:
adam. tuton@atsol.com
Federal Employee ID No.:
48-1114931
Authorized City Representative for
this contract:
Brian J. Wilson, Chief of Police
WHEREAS, the City desires to implement and operate a turnkey traffic safety camera system pursuant to
Washington State Law 46.63.170; and
WHEREAS, public convenience and necessity require the City to obtain the services of a Consultant with
photo enforcement implementation and operations experience; and
WHEREAS, the City of Seattle awarded a contract to American Traffic Solutions, Inc. for a traffic safety
camera system as a result of a competitive solicitation; and
WHEREAS, American Traffic Solutions, Inc., extends the City of Seattle contract to the City of Federal
Way and such agreement is the basis for this contract; and
WHEREAS, the City finds that Consultant is qualified to perform and is experienced in performing the
required services; and
WHEREAS, the City desires to engage the Consultant to provide traffic safety camera services, also
known as photo enforcement services;
NOW, THEREFORE, the parties herein do mutually agree as follows:
1. Employment of Consultant.
1.1 The City retains the Consultant to provide the services described in "Exhibit A - Scope of Work"
(the 'Work"). Any inconsistency between this Agreement and the Scope of Work shall be resolved in
favor of this Agreement. The Consultant shall perform the Work according to the terms and conditions of
this Agreement.
1.2 The
the
revise the Work and the compensation only by a written Change Order signed by
that shall become a part of this Agreement.
1.3 The project manager(s) of the Work shall be Lieutenant Connie E. Shupp. The project
manager(s) shall not be replaced without the prior written consent of the City.
I D-5
1.4 Work shall commence when the City issues a notice to proceed and it shall be completed no later
than 90 days after receipt of the last installation permit, unless the completion date is extended in writing
by the City.
2. Payment Terms.
2.1 Compensation
2.1.1 The total compensation to be paid to Consultant, including all services and expenses, shall
not exceed the fees indicated on each Work Order Exhibit, which shall be full compensation for the Work.
2.1.2 The Consultant shall be paid in such amounts and in such manner as described in each
Work Order Exhibit.
2.1.3 Pricing shall be fixed and firm through the pilot project and for a total of five years, assuming
the City elects to continue the project,
2.1.4 For service charge adjustment beyond the initial 5 years, the basis for adjustment shall:
(a) Be County or other pricing index appropriate to the particular product herein;
(b) Not produce a higher profit margin than that on the original contract;
(c) Clearly identify the items impacted by the increase;
(d) Be accompanied by documentation acceptable to the City sufficient to warrant the
price increase request and shall be no greater than the total of changes to the CPllndex
for King County; and
(e) Remain firm for a minimum of 365 days.
2.1.5 This contract includes no reimbursable expenses.
2.2 Cost Neutralitv Clause:
After a 3-month ramp up period and during the remaining term of the contract, City shall. not be
required to pay ATS more than City (or ATS on City's behalf) has collected/received in fines payments
through the use of the Axsis System cumulatively throughout the term of the contract. For the purposes
of this clause, the term "fines" applies to that portion of fines actually retained by the City according to the
distribution method applicable under Washington State law.
2.2.1 This clause will be applied as follows:
(a) If collections for the program during any month are less than the full amount of ATS
invoices, A TS shall be entitled the full amount of fines actually collected. A TS will
maintain an accounting of any net balances owed to A TS and shall apply future
collections first to the accrued balance and then to the current months invoice. At any
time that ATS fees and any accrued balances are fully repaid, additional collections will
be retained by the City. Any positive revenue balances generated from this program
(whether reserved in cash or not by the City) will be used to offset future A TS invoices in
the event of monthly deficits.
(b) Example: If during Year 1 of the program, revenues minus ATS fees yield a net
surplus of $100,000, this amount would be available to pay ATS invoices for any future
periods in the event that lesser or no revenue were to be generated in future periods.
However, at the point where the (actual or paper) surplus is exhausted, then no additional
payments would be due until additional collected fines were available to cover the
cumulative deficit. For the purposes of this clause, the accrued surplus is a calculated
figure determined by subtracting A TS fees from program fines collected. The obligation
to pay is not subject to the existence of cash reserves from the program, for example, if
the City chooses to use or has used these surplus funds for any other uses.
2.2.2 This provision shall not apply should the City elect not to enforce illegal right turn on red
violations or if City elects not to pursue collections on unpaid violations, or if City directs A TS to install a
2 D-(P
camera at a site with an initial starting violation rate of fewer than 16 violations per day, or if City or Police
waives more than 10 percent of valid violations forwarded to the Police for acceptance according to
business rules.
3. Term of Contract.
3.1 The term of this contract shall commence on the date this agreement is made effective and
shall expire five (5) years from that date.
3.2 The City, at its sole discretion, may extend the term of the contract for an additional five (5)
years for a total of ten (10) years. Such renewal requires the approval of Federal Way City Council.
4. Request for Payment.
4.1 Not more than once every thirty days the Consultant shall file its request for payment,
accompanied by evidence satisfactory to the City justifying the request for payment, including a report of
Work accomplished and tasks completed, and an itemization of Eligible Expenses with copies of receipts
and invoices. Invoices must show a breakdown of services provided and price for each.
4.2 All requests for payment should be sent to
Brian J. Wilson, Chief of Police
City of Federal Way Police Department
33325 8th Ave. S.
Federal Way, WA 98003
5. Work Order Methodology for Approved Work under this Contract:
5.1 Work Order Procedure
ATS shall provide the City the Camera Systems as specified in work orders issued under this Agreement.
Each work order shall be a written document having its own specific Scope of Work ("Work Order Scope
of Work") identifying the services to be performed and the associated deliverables to be provided and
payment terms. Each work order shall be subject to the terms and conditions of this Agreement and shall
be incorporated into this Agreement by this reference. A TS shall furnish the City with an integrated
turnkey solution; that is, services identified in the work orders shall be provided as a single, complete
transaction and not as separate items.
5.2 Work Order #1
Work Order #1 consists of the documents listed in the Scope of Work, Exhibit A to this Contract. Except
for items listed as City responsibilities in Work Order #1, ATS shall furnish all services, labor, materials,
documentation, equipment, and software to install and test the Camera System, and to provide the
specified training, warranties, and maintenance for the System.
5.3 Notice to Proceed on Tasks Identified in Work Orders
The execution of this Agreement shall constitute the City's notice to ATS to proceed with Work Order #1.
For each subsequent work order under this Agreement, ATS shall commence work upon issuance of a
written notice to proceed from the City.
5.4 Additional Work Orders
5.4.1 Additional work orders issued under this Agreement may be generated by the City for the
following purposes:
(a) Upgrade(s) of equipment, software, or change(s) of any deliverable provided
hereunder; and
(b) Any other items related to red light traffic safety system for which the City places an
order.
5.4.2 For any work order(s) requested by either party subsequent to Work Order #1, A TS shall
submit to the City for its review and approval a detailed proposal for the scope, implementation plan,
3 b-l
milestones, test and acceptance procedures, as well as the cost consistent with previous work orders, the
RFP and RFP response. Once this proposal is received and approved by the City, a new work order will
be issued for the change or additional work. Upon the City's written approval and notice to proceed, ATS
shall implement the change or additional work and invoice for the changed or additional work consistent
with the City's approval notice and the terms and conditions of this Agreement.
6. Termination of Contract.
6.1 For Cause: The City may terminate this Contract if the Consultant is in material breach of any
terms of this Contract, and such breach has not been corrected according to established standards and
a reed upon designs indicated in a valid Work2r?~r~it~i~~~i~Y(~91?~Y~ from..~otice ofb~~ach...fFt:>r
j$q~ij!1!~q9st~/fanl:.fr~tQiP~!"li<ilrfl1....9t;ly work;.illl~!'l~ifi~q..in
6.2 For City's Convenience: The City may terminate this Contract in whole or in part, without
cause and for any reason including The City's convenience, upon written notice to the Consultant after
the conclusion of the first 12 months from activation of the Camera Systems in Work Order #1.
6.3 Acts of Insolvency: The City may terminate this Contract by written notice to Consultant if the
Consultant becomes insolvent, makes a general assignment for the benefit of creditors, suffers or permits
the appointment of a receiver for its business or assets, becomes subject to any proceeding under any
bankruptcy or insolvency law whether domestic or foreign, or is wound up or liquidated, voluntarily or
otherwise.
6.4 Notice: The City is not required to provide advance notice of termination. Notwithstanding,
the City may issue a termination notice with an effective date later than the termination notice itself. In
such case, the Consultant shall continue to provide products and services as required by the City until the
effective date provided in the termination notice.
7. Assignment of Contract - Subconsultants. Consultant shall not assign this contract or sub-contract
or assign any of the Work without the prior written consent of the City.
8. Indemnification.
8.1 To the extent provided by law and irrespective of any insurance required of the Consultant,
the Consultant shall defend and indemnify the City from any and all Claims arising out of or in any way
relating to this Agreement; provided, however, the requirements of this paragraph shall not apply to that
portion of such Claim that reflects the percentage of negligence of the City compared to the total
negligence of all persons, firms or corporations that resulted in the Claim.
8.2 Consultant agrees that the provisions of this paragraph 8 apply to any claim of injury or
damage to the persons or property of consultant's employees. As to such claims and with respect to the
City only, consultant waives any right of immunity, which it may have under industrial insurance (Title 51
RCW and any amendment thereof or substitution therefore). THIS WAIVER IS SPECIFICALLY
NEGOTIATED BY THE PARTIES AND IS SOLELY FOR THE BENi=FIT OF THE CITY AND
CONSULTANT.
8.3 As used in this paragraph: (1) "City" includes the City's officers, employees, agents, and
representatives; (2) "Consultant" includes employees, agents, representatives sub-consultants; and (3)
"Claims" include, but is not limited to, any and all losses, claims, causes of action, demands, expenses,
attorney's fees and litigation expenses, suits, judgments, or damage arising from injury to persons or
property.
8.4 Consultant shall ensure that each sub-consultant shall agree to defend and indemnify the City
to the extent and on the same terms and conditions as the Consultant pursuant to this paragraph.
9. Insurance.
9.1 Consultant shall comply with the following conditions and procure and keep in force at all
times during the term of this Agreement, at Consultant's expense, the following policies of insurance with
companies authorized to do business in the State of Washington. The Consultant's insurance shall be
"D-t
4
rated by A. M. Best Company at least "An or better with a numerical rating of no less than seven (7) and
otherwise acceptable to the City.
9.2 Workers' Compensation Insurance as required by Washington law and Employer's Liability
Insurance with limits not less than $1,000,000 per occurrence. If the City authorizes sublet work, the
Consultant shall require each sub-consultant to provide Workers' Compensation Insurance for its
employees, unless the Consultant covers such employees.
9.3 Commercial General Liability Insurance on an occurrence basis in an amount not less than
$1,000,000 per occurrence and at least $2,000,000 in the annual aggregate, including but not limited to:
premises/operations (including off-site operations), blanket contractual liability and broad form property
damage.
9.4 Business Automobile Liability Insurance in an amount not less than $1,000,000 per
occurrence, extending to any automobile. A statement certifying that no vehicle will be used in
accomplishing this Agreement may be substituted for this insurance requirement.
9.5 Each policy shall contain a provision that the policy shall not be canceled or materially
changed without I~ days prior written notice to the City.
9.6 Upon written request to the City, the insurer will furnish, before or during performance of any
Work, a copy of any policy cited above, certified to be a true and complete copy of the original.
9.7 Before the Consultant performs any Work, Consultant shall provide the City with a Certificate
of Insurance acceptable to the City Attorney evidencing the above-required insurance and naming the
City of Federal Way, its officers, employees and agents as Additional Insureds on the Commercial
General Liability Insurance policy and the Business Automobile Liability Insurance policy with respect to
the operations performed and services provided under this Agreement and that such insurance shall
apply as primary insurance on behalf of such Additional Insureds. Receipt by the City of any certificate
showing less coverage than required is not a waiver of the Consultant's obligations to fulfill the
requirements.
9.8 Consultant shall comply with the provisions of Title 51 of the Revised Code of Washington
before commencing the performance of the Work. Consultant shall provide the City with evidence of
Workers' Compensation Insurance (or evidence of qualified self-insurance) before any Work is
commenced.
9.9 In case of the breach of any provision of this section, the City may provide and maintain at the
expense of Consultant insurance in the name of the Consultant and deduct the cost of providing and
maintaining such insurance from any sums due to Consultant under this Agreement, or the City_may
demand Consultant to promptly reimburse the City for such cost.
10. Independent Contractor. The Consultant is an independent Contractor responsible for complying
with all obligations of an employer imposed under federal or state law. Personnel employed by Consultant
shall not acquire any rights or status regarding the City.
11. Employment. The Consultant warrants that it did not employ or retain any company or person, other
than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement or payor
agree to pay any such company or person any consideration, contingent upon or resulting from the award
or making of this Agreement. For breach or violation of this warranty, the City shall have the right either
to terminate this Agreement without liability or to deduct from the Agreement price or consideration or to
otherwise recover, the full amount of such consideration.
12. Audits and Inspections. The Consultant shall make available to the City during normal business
hours and as the City deems necessary for audit and copying all of the Consultant's records and
documents with respect to all matters covered by this Agreement.
13. City of Federal Way Business license. Consultant shall obtain a City of Federal Way business
license before performing any Work.
\)-~
5
14. Taxes, Fees, and Licenses.
14.1 Taxes: Where required by state statute, ordinance or regulation, Consultant shall pay for and
maintain in current status all taxes that are necessary for contract performance. Unless otherwise
indicated, Federal Way agrees to pay State of Washington sales or use taxes on all applicable consumer
services and materials purchased. No charge by the Consultant shall be made for federal excise taxes
and Federal Way agrees to furnish Consultant with an exemption certificate where appropriate.
14.2 Fees and Licenses: Consultant shall pay for and maintain in a current status, any license
fees, assessments, permit charges, etc., which are necessary for contract performance. It is the
Consultant's sole responsibility to monitor and determine any changes or the enactment of any
subsequent requirements for said fees, assessments, or charges and to immediately comply with said
changes during the entire term of this Contract. Consultant must pay all custom duties, brokerage or
import fees where applicable as part of the contract price. Consultant shall take all necessary actions to
ensure that materials or equipment purchased are expedited through customs.
15. Representations and Warranties.
15.1 Consultant represents and warrants that it has the requisite training, skill and experience
necessary to provide Work and is appropriately accredited and licensed by all applicable agencies and
governmental entities.
15.2 Consultant warrants that all materials, equipment, and/or services provided under this
Contract shall be fit for the purpose(s) for which intended, for merchantability, and shall conform to the
requirements and specifications herein. Acceptance of any service and inspection incidental thereto by
Federal Way shall not alter or affect the obligations of the Consultant or the rights of Federal Way.
16. Inspection. Work shall be subject, at all times, to inspection by and with approval of Federal Way,
but the making (or failure or delay in making) such inspection or approval shall not relieve Consultant of
responsibility for performance of the Work in accordance with this Contract, notwithstanding Federal
Way's knowledge of defective or non-complying performance, its substantiality or the ease of its
discovery. Consultant shall provide sufficient, safe, and proper facilities and equipment for such
inspection and free access to such facilities.
17. Confidential Information:
17.1 If Federal Way notifies the Consultant of a public disclosure request, and the Consultant
believes records are exempt from disclosure, it is the Consultant's responsibility to make determination
and pursue a lawsuit under RCW 42.56.540 to enjoin disclosure. The Consultant must obtain the
injunction and serve it on the City before the close of business on the tenth business day after the City
sent notification to the Consultant. It is the Consultant's discretionary decision whether to file the lawsuit.
17.2 If the Consultant does not timely obtain and serve an injunction, the Consultant is deemed to
have authorized releasing the record. If the City has notified the Consultant of a public disclosure request,
and the Consultant has not obtained an injunction and served the City with that injunction by the close of
business on the tenth business day after the City sent notice, the City will then disclose the record.
17.3 Notwithstanding the above, the Consultant must not take any action that would affect (a) the
City's ability to use goods and services provided under this Agreement or (b) the Consultant obligations
under this Agreement.
17.4 The Consultant will fully cooperate with the City in identifying and assembling records in
case of any public disclosure request.
18. Disputes.
18.1 Any dispute or misunderstanding that may arise under this Contract concerning Consultant's
performance shall first be resolved, if mutually agreed to be appropriate, through negotiations between
the Consultant's Project Manager and Federal Way's Project Manager, or if mutually agreed, referred to
the City's named representative and the Consultant's senior executive(s). Either party may decline or
discontinue such discussions and may then pursue other means to resolve such disputes, or may by
mutual agreement pursue other dispute alternatives such as alternate dispute resolution processes.
6 \:)-ro
Nothing in this dispute process shall in any way mitigate the rights, if any, of either party to terminate the
contract in accordance with the termination provisions herein.
1
18.2 Notwithstanding above, if Federal Way believes in good faith that some portion of Work has
not been completed satisfactorily, Federal Way may require Consultant to correct such work prior to
Federal Way payment. In such event, Federal Way must clearly and reasonably provide to Consultant an
explanation of the concern and the remedy that Federal Way expects. Federal Way may withhold from
any payment that is otherwise due, an amount that Federal Way in good faith finds to be under dispute, or
if the Consultant does not provide a sufficient remedy, Federal Way may retain the amount equal to the
cost to Federal Way for otherwise correcting or remedying the work not properly completed.
19. Conflict of Interest: Consultant confirms that Consultant does not have a business interest or a close
family relationship with any City officer or employee who was, is, or will be involved in the Consultant's
selection, negotiation, drafting, signing, administration, or evaluating the Consultant's performance.
20. Compliance with Federal, State and Local Laws. Consultant, at its sole cost and expense, shall
comply with and obey all federal, state and local laws, regulations, and ordinances applicable to the
operation of its business and to its performance of the Work.
21. Non-Waiver of Remedies. Any waiver by the Consultant or the City of the breach of any provision of
this Agreement by the other party will not operate, or be construed, as a waiver of any subsequent breach
by either party or prevent either party from thereafter enforcing any such provisions. Remedies under this
Contract are cumulative; the use of one remedy shall not be taken to exclude or waive the right to use
another.
22. Liens, Claims and Encumbrances: All materials, equipment, or services shall be free of all liens,
claims or encumbrances of any kind and if Federal Way requests a formal release of same it shall be
delivered to Federal Way within 5 days of such request.
23. Complete Agreement. This Agreement, including Exhibit A, contains the complete and integrated
understanding and agreement between the parties and supersedes any understanding, agreement or
negotiation whether oral or written not set forth herein.
24. Modifica~ion of Agreement. This Agreement may be modified by a Change Order as provided in
1J1, or by a writing that is signed by authorized representatives of the City and the Consultant.
25. Severability. If any part of this Agreement is found to be in conflict with applicable laws, such part
shall be inoperative, null and void, insofar as it is in conflict with said laws, the remainder of the
Agreement shall remain in full force and effect.
26. Notices.
19.1 Notices to the City of Federal Way shall be sent to the following address:
Brian J. Wilson, Chief of Police
City of Federal Way Police Department
33325 8th Ave. S.
Federal Way, WA 98003
19.2 Notices to the Consultant shall be sent to the following address:
American Traffic Solutions, Inc.
Chief Operating Officer
14861 N. Scottsdale Road, Ste 109, Scottsdale, AZ. 85254
27. Jurisdiction and Venue. This Agreement shall be governed by the law of the State of Washington
and venue for any lawsuit arising out of this Agreement shall be in King County.
\:)-1\
7
11/
III
IN WITNESS WHEREOF. the City and Consultant have executed this Agreement as of the date first
above written.
CITY OF FEDERAL WAY
WASHINGTON
Corporation American Traffic Solutions, INC.
By:
Neal J. Beets, City Manager
By:
Adam E. Tuton
Its Executive Vice President I COO
Date
Date
ATTEST:
By:
City Clerk
Date
APPROVED AS TO FORM:
By:
City Attorney
Date
D-)L.-
8
Exhibit A
SCOPE OF WORK
Work Order One
DEFINITIONS:
As used in this Agreement, the following words and terms shall, unless the context otherwise requires,
have the respective meanings provided below:
"Citation" means a citation issued by a competent state or municipal law enforcement agent or agency or
by a court of competent jurisdiction relating to a violation documented or evidenced by the (Axsis ™ )
System.
"Person" or "persons" means any individual, partnership, joint venture, corporation, trust, unincorporated
association, governmental authority or political subdivision thereof or any other form of entity.
"Camera System" means a photo-traffic monitoring device consisting of camera(s) (both the Axsis RLC-
300 and the AxsisLive Video System (if required) and a traffic monitoring device capable of accurately
detecting a traffic infraction on up to four lanes at one approach and which records such data on an
image of such vehicle. "Camera System" shall, where the sense requires, also include any enclosure or
cabinet in which the Axsis™ System is stationed. As used below, the term "Red Light Stationary Camera
System" is used interchangeably with the Camera System term defined here.
"Approach" is defined as one direction of travel of one or more lanes on a road or a traffic intersection.
''Violation'' means failure to obey an applicable traffic law or regulations, including, without limitation,
failure to obey a traffic signal, operating a motor vehicle in excess of the posted speed limit, or operating
a motor vehicle without displaying a valid license plate.
"Operational Time" means the actual time that a Camera System is monitoring traffic.
1. AMERICAN TRAFFIC SOLUTIONS (ATS) SCOPE OF WORK
1.1. ATS IMPLEMENTATION
1.1.1.A TS agrees to provide a turnkey solution for Red Light Stationary Camera Systems to the
City of Federal Way (hereinafter "the City") wherein all reasonably necessary elements
required to implement and operate the solution are the responsibility of A TS, except for
those items identified in Section 2 titled "City Scope of Work". ATS and the City understand
and agree that new or previously unforeseen requirements may, from time to time, be
identified and that the parties shall negotiate in good faith to assign to the proper party the
responsibility and cost for such items. In general, if work is to be performed by the City,
unless otherwise specified, the City shall not charge A TS for the cost. All other in scope
work, external to the City, is the responsibility of A TS.
1.1.2.ATS agrees to make every effort to adhere to the Project Time Line outlined in Schedule 4.
1.1.3.A TS agrees to provide the City with Axsis TM RLC-300 Red Light Stationary Camera
Systems as follows:
1.1.4.ATS will assist the City with video evaluation of candidate sites using the Axsis VIMS
system.
1.1.5.A TS will install Camera Systems a number of approaches, to be agreed upon between A TS
and the City after completion of site analysis. In addition to the initial locations, the parties
may agree from time to time, by additional Work Order(s), to add to the quantities and
locations where Camera Systems are installed and maintained.
1.1.6.A TS will operate each Camera System on a 24-hour basis, barring downtime for
maintenance and normal servicing activities.
9 ~-13
1.1.7.A TS agrees to commence the installation of the Systems within 14 days after all approvals
and required permits have been approved (the date all permits are approved shall
hereinafter be referred to as the "Approval Date"). The Approval Date shall be marked by
the issuance of a signed letter from ATS to the City, stating that permits from a particular
site or set of sites have been approved.
1.1.8.A TS agrees to have all agreed-upon installation work completed and have the Systems fully
operational according to the Project Schedule.
1.1.9.ATS agrees to provide necessary training for persons designated by the City and to assist
the City with development of a public information and outreach campaign as specified in its
response to the City's Request for Proposals.
1.1.10. A TS agrees to provide a secure web site (www.violationinfo.com) accessible to citation
recipients (defendants) by means of a Notice # and a PIN, which will allow violation image
review and entry of affidavits attesting to the non-liability of the registered owner for the
violation.
1.1.11. The City and A TS will complete the Project Business Process Work Flow design within
30 calendar days of contract signature; the parties to this agreement will use the drafts
included on Schedules 2 and 3 as the basis for the final workflow design.
1.1.12. A TS normally shall provide technician site visits to each Stationary Camera System once
per month to perform preventive maintenance checks consisting of camera enclosure lens
cleaning; camera, strobe and controller enclosure cleaning; inspection of exposed wires;
and general system inspection and maintenance. No A TS technician shall enter a traffic
signal cabinet without the presence of a City Traffic Signal Technician.
1.1.13. A TS shall repair a non-functional Stationary Camera System within 72 hours of
determination of a malfunction.
1.1.14. A TS shall repair the Axsis VPS system within 1 business day from the time of the outage.
Outages of City internet connections or infrastructure are excluded from this service level.
1.1.15. During the installation A TS agrees to provide the police department a work station for
handling violations evaluations: a work station for customer use in the police department
lobby: and a large flat screen in the court for violaUon viewing. ATS will provide the City
with a "note due" for these items. The City agrees to reimburse ATS for the cost of items
once the program has generated adequate profit to the city to cover the advances for the
equipment.
1.2. A TS OPERATIONS
1.2.1 .A TS shall provide the City with an optional up to 30 days in length
at the outset of the program.
1.2.2.As the party responsible for initial contact with the red light violator, A TS shall provide the
City with an automated web-based citation processing system (Axsis ™ VPS) including
image processing, color printing, and mailing of at least one Citation or Notice of Violation
per chargeable event. Each citation shall be delivered by First Class mail to the registered
owner within the statutory period. Subsequent mailings to drivers identified in affidavits of
non-liability or by rental car companies are also included. For mail not delivered due to
address problems, A TS will mail the citation again if the City provides it with better
information.
1.2.3.ATS shall apply an electronic signature to the citation when authorized to do so by an
approving law enforcement officer.
1.2.4.ATS shall obtain in-state vehicle registration information necessary to issue citations
assuming that it is named as the City's agent and the State provides the registration data at
no cost.
D "/~
10
1.2.5.Where obtainable, ATS shall provide out-of-state vehicle registration necessary to issue
citations at no cost to the City.
1.2.6.ATS will designate rental car companies as registered owners. Notices of Violation (not
citations) shall initially be issued to rental car companies. Citations may be issued to rental
car companies or designated drivers if the rental car company identifies the driver.
1.2.7.0n a daily basis (or as otherwise agreed), ATS shall transmit to the Federal Way Municipal
Court (FWMC) a text file containing all citation and Notice of Violation information issued,
for uploading into the FWMC computer system.
1.2.8.0n a daily basis (or as otherwise agreed), ATS shall receive from FWMC an automatic
update from the FWMC computer system containing the status of citations based on the
latest disposition information, indicating payments received or cases otherwise closed,
dismissed, resolved, or sent to collections. Also, A TS shall receive car rental disposition
data and process it as agreed.
1.2.9.The Axsis™ VPS system, which provides the City with ability to run and print a report, shall
include the following:
. Program Statistics Report
. Location Performance Summary Report
. Location Performance Detail Report
. Violation Reject Report
. Document Aging Report
1.2.10. ATS shall provide the City with, or train a local expert witness able to testify in Court on
matters relating to the accuracy, technical operations, and effectiveness of the Axsis ™
System.
1.2.11. In those instances where damage to a Camera System or sensors is caused by
negligence on the part of the City or its authorized agent(s), ATS will provide an estimate of
the cost of repair. Upon authorization to proceed with the repairs or replacement, A TS shall
replace or repair any damaged equipment and invoice the City for the pre-approved repair
cost. A TS shall bear the cost to replace or repair equipment damaged in all other
circumstances.
1.2.12. A TS shall provide a website and help line to help the City resolve any problems
encountered regarding its Red Light Camera System and/or citation processing. The help
line shall function during normal business hours.
1.2.13. As part of its turnkey system, A TS shall provide violators with the ability to view violations
online. This online viewing system shall include a link to the City's payment website(s) and
an opportunity to complete an affidavit online. Online affidavits shall be directed to and
processed by ATS/Axsis and communicated to the Court via the Axsis VPS transfer
described at 1.2.8, above.
1.3. OPTIONAL COURT SERVICES
1.3.1. The following services are available by contract change order. Fees for these optional
services are identified on Schedule 1 .
1.3.2.lssuance of second notice upon expiration of unpaid first notice. ATS shall issue a second
notice including a payment coupon and return payment envelo e within 5 da s of
determination that no pa ment on a first notice was received.
1.3.3.Affidavit / Transfer of Liability Processing - A TS shall process all inbound transfer of liability
forms, rental car driver identification forms, and new or change of address items and
reissue a new notice to the identified party..
b-15
11
1.3.4.Lockbox payment processing services. A TS shall operate a lockbox payment processing
service for the program and shall process all checks, money orders and cashiers checks on
behalf of the City. All payments will be deposited into a blocked account in the name of the
City and shall be sw:~pt on a periodic basis to another city designated account.
1.3.5.Electronic online payments - ATS shall operate an electronic payment portal for the
purposes of accepting debit card, electronic check (ACH) and Visa and Mastercard credit
card payments over the internet. The fees for these transactions are paid by the user
through the application of a convenience fee.
1.3.6.Collections services - upon expiration of the second notice. ATS will commence collections
action on any unpaid notices. Fees for these services are listed on Schedule 1.
2. CITY SCOPE OF WORK
2.1. GENERAL IMPLEMENTATION REQUIREMENTS
2.1.1. Within 7 business days of contract execution, the City shall provide A TS with the name and
contact information for a project manager with authority to coordinate City responsibilities
under the Agreement.
2.1.2.Within 7 business days of contract execution, the City shall provide ATS with the name and
contact information for a Federal Way Municipal Court manager responsible for oversight of
all Court-related program requirements
2.1.3.The City shall make every effort to adhere to the Project Time Line outlined in Schedule 4.
2.1.4. The City will process each Citation according to ,its own established rules and guidelines.
2.1.5. The City shall provide a letter to the Washington Department of Motor Vehicles on behalf of
A TS indicating that A TS is acting as an Agent of the City for the purposes of accessing
vehicle ownership data pursuant to the list of permissible uses delineated in the Drivers
Privacy Protection Act 18 U.S.C. 92721, Section (b) (1) and as may otherwise be provided
or required by any provision of applicable state law. ATS shall provide the City with draft
content for its letter.
2.1.6.The City and ATS shall complete the Project Business Process Work Flow design within 30
calendar days of contract signature, using the drafts included on Schedules 2 and 3 as the
basis for the final workflow design.
2.2. STREETS AND TRAFFIC DEPARTMENT OPERATIONS
2.2.1.City will design, fabricate, install and maintain red light camera warning signs.
2.2.2.The City shall provide access to traffic signal phase connections according to approved
design. Only City Traffic Signal Technicians will perform wiring connections within the
traffic signal cabinet to accomplish the red light camera installation.
2.2.3.The City may allow ATS to use existing street furniture, poles, and available conduit for the
purposes of installing and operating its Camera Systems, according to approved design. A
City Traffic Signal Technician must be present during installation for the camera systems on
existing street furniture, poles, and conduit at the intersections.
2.2.4.The City shall not require ATS to provide installation drawings stamped by a licensed civil
engineer. However, A TS work product and drawings shall conform to professional norms
and reflect the details of installation work to be completed.
2.2.5.The Cit shall a rove or re'ect ATS's submitted lans within 7-10 business da s of receipt.
2.2.6.The City shall process street use and pole attachment permit requests prepared by ATS in
accordance with City established criteria.
12
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2.3. POLICE DEPARTMENT OPERATIONS
2.3.1.The Federal Way Police Department (FWPD shall process each potential violation in
accordance with Washington State Laws and City Ordinances within 3 business days of its
appearance in the Police Review Queue, using Axsis TM to determine which violations will be
issued as Citations or Notices of Violation. The City and Consultant shall mutually agree on
rejection criteria.
2.3.2.FWPD workstation computer monitors for citation review and approval should provide a
resolution of 1280 x 1024.
2.3.3.For optimal data throughput, FWPD workstations should be connected to a high-speed
internet connection with bandwidth of T -1 or greater.
2.3.4.FWPD shall provide signatures of all authorized police users who will review events and
approve citations on forms provided by ATS.
2.4. MUNICIPAL COURT OPERATIONS
2.4.1.Federal Way Municipal Court (FWMC) shall receive electronic text files of citation
information and load the citation information into its Citation database.
2.4.2.FWMC shall provide citation fine collection services for all final dispositions. Additionally,
FWMC agrees to pursue collections, registration suspensions, or other legal and customary
means necessary to compel payment of outstanding citations.
2.4.3.FWMC shall provide a judge or hearing officer and Court facilities to schedule and hear
disputed citations.
2.4.4.0n a daily basis (or as otherwise agreed), FWMC shall transmit an electronic file to ATS
Axsis TM with daily updates of all citation disposition or transaction information indicating
payments received or cases otherwise closed, dismissed or resolved.
2.4.5.Gn a daily basis (or as otherwise agreed), FWMC shall receive and process an electronic
file of undeliverable citations from Axsis™; it may then transmit ATS Axsis™ better
addresses, if available. If better addresses are not available, FWMC may ask A TS to
provide Skip Tracing Services for the optional unit fees indicated in Schedule 1.
2.4.6.FWMC shall provide the specific text required to be placed on the Citation notice to be
issued by ATS within 30 calendar days of contract signature. The Washington
Administrative Office of the Courts (AGC) must approve this notice. The Court shall make
reasonable efforts to expedite the approval process but cannot guarantee that AGC will
communicate approval within 30 days of contract signature.
2.4.7.Consultant shall provide at least one PC to be used by defendants to view their violations
online at the Court.
2.4.8.FWMC shall receive and review written affidavits and written responses from rental car
companies; shall enter new driver information into Axsis TM or otherwise designate that the
rental car company or other party previously identified as the responsible party is not the
responsible party. Such information shall be communicated to Axsis VPS by the daily
transmission described at 1.2.8, above.
2.4.9.FWMC shall handle inbound and outbound phone calls and correspondence from
defendants who have questions about payments, disputes, and other issues relating to
citation adjudication. The Court may refer citizens with questions regarding ATS or Axsis
technology and processes to websites and/or toll-free telephone numbers provided by A TS
for that purpose.
2.5. INFORMATION TECHNOLOGY DEPARTMENT OPERATIONS
2.5.1.ln the event that remote access to the ATS Axsis VPS System is blocked by City network
security infrastructure, the Federal Way Information Services Division shall coordinate with
ATS to facilitate appropriate communications while maintaining required security measures.
13 \)-)l
2.6. ACCEPTANCE
2.6.1.Upon completion of all installation, A TS shall perform an end-to-end test for each of the
contracted approaches.
2.6.2.Upon completion of installation and testing of all contracted approaches, ATS shall notify
the City that the system is ready for acceptance.
2.6.3.City shall conduct an acceptance test in accordance with the RFP specifications.
2.6.4. Upon successful completion of the acceptance test, the City shall issue certificate of
acceptance.
2.7. PAYMENT SCHEDULE
2.7.1.Upon certification of acceptance, the City shall commence monthly payments.
END OF DOCUMENT
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14
Schedule 1 - Fees
Fees for Basic Services
Monthly fee per camera approach (1 or 2 lanes) $3,500
Monthly fee per camera approach (3 or 4 lanes) $3,750
Fees for Optional Services
1. Issuance of 2nd Notice with return envelope (fee per unit) $1.50
2. Lockbox payment processing service, included processing of checks, money
orders, cashiers checks and cash as well as initial program setup and ongoing monthly $1.50
account fees. (fee per processed item)
3. AffidaviUTransfer of Liability and New Address processing service - (fee per $2.00
processed item)
4. Inbound and outbound call support related to hearing scheduling, payments, $3.00
disputes, etc. (fee per call processed)
Fee per 1 st citation issued above the first 800 per camera per month $5.00
Collections services - includes collections activity on all instate and out of state
delinquent payments remaining after the second notice. Service includes noticing, phone 25% of
contact, and credit reporting. A TS will add the collections fee to the outstanding notice collections
balance such that City net equals $124.
Skip Tracing (per good address located) $3.50
Dummy Camera System
1 to 2-lane dummy site capable of being live- fee per month $1,250
3 to 4-lane dummy site capable of being live - fee per month $1,750
Non functional dummy camera (pole, camera enclosure, strobe enclosure) fee per month $500
SecurlD Two-Factor Security Option
Implemenation Fee $2,000
User fee per user per month includes software licensing, support and SecurlD fob $20
Replacement SecurlD Fob $200
Fixed Site Speed Camera for School Zone Enforcement
Fee includes a 4-lane site and up to 800 issued citations per month per camera $4,750
D-}~
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After recording, return to;
Federal Way City Attorney's Office
33325 8th Ave S
PO Box 9718
Fedoral Way, WA 98063-9718
INTERLOCAL BIDDlNGIPURCHASING AGREEMENT
BETWEEN
CITY OF SEATTLE AND CITY OF FEDERAL WAY
This Agreement, made and entered into this 20111 day of August, 2007, by and between City of
Seattle, State of Washington, a Washington municipal corporation (hereinafter referred to as "City of
Seattle") and City of Federal Way, Washington, a municipal corporation (hereinafter referred to as
"Federal Way" or "City"), (collectively "Parties").
WITNESSETH that:
-~.
A. The Parties maintain, for the benefit of the citizens of their respective jurisdictions, an
organized and standard bidding structure charged with the function of securing equipment, goods and
services within the limits of all appropriate bidding laws of the State of Washington and the individual
jurisdictions, and
B. The Tnterlocal Cooperation Act, as amended, and codified in Chapter 39.34 of the Revised
Code of Washington provides for Interlocal cooperation between governmental agencies; and
C. It has been detennined by each of the Parties hereto that it would be in the best interests of
the citizens of their respective jurisdictions if, in some circumstances, the purchase of public works
equipment, goods and services, can be purchased through a bidding process made up of more than one
jurisdiction Itl the State of Washington; and
D. The Parties hereto desire and by this agreement enter into an lnterlocal Cooperative
BiddingIPul'chasing Agreement ("Agreement") wherein the Parties can utilize each other's contracts
where it is lawful and in their best interest to do so and may establish yearly bidding/purchasing for
equipment, goods and services of mutual need requirements.
WHEREAS, the Parties hereto desire to set forth their rights, duties and responsibilities with
respect to applicable laws, ordinances, procedures as established by the Parties hereto and the State of
Washington. City of Seattle and the City may elect not to exercise their right Wlder this Agreement every
year but may do so at any time the Agreement remains in effect, and
NOW, THEREFORE, for and in consideration of the procedures contained herein perfonned and
to be performed, the Parties hereto agree as follows;
'0-2.<:)
Interlocal Bidding/Purchasing Agreement
Page 2
I. Cooperative Purchases. The Parties hereto, pursuant to Chapters 35 and 39 bidding laws,
Revised Code of Washington, and pursuant to Chapter 39.34 of the Revised Code of Washington do
hereby contract to cooperatively purchase goods, services and public work equipment as a result of
competitive bidding and within the specifications established by and for City of Seattle and the City.
Once bidding has been finalized and the Parties have been notified, both Parties will finalize their own
individual arrangements, including option selection, selections, trade-in and delivery arrangements for
goods, services and equipment directly with the applicable contractor.
City of Seattle and the City agree that each party has no liability as far as the durability,
serviceability, and warranty of the goods, services, and equipment selected. It is also agreed that the
goods, services, and equipment selected shall be agreed upon by each individual party and will not be
perceived as selected by the other party.
City of Seattle and the City accept no responsibility of the performance of any contracts by the
contractor, and City of Seattle and the City accept no responsibility for payment of the purchase price for
any contract entered into by the other party.
-----
This Agreement is offered to allow the City and City of Seattle the capability to purchase goods,
services, and equipment designed specifical1y for their use and to take advantage of prices achieved by
group participation.
2. NQ Obligation to Purchase. Each party reserves the right to contract independently for the
purchase of any particular class of goods or services with or without notice to the other party.
The Parties reserve the right to exclude the other party from any particu lar purchasing contract
with or without notice to the other party.
3. Term. This Agreement shall take effect immediately and shall continu.e in effect until
terminated. It may be terminated by either party by giving ten (10) days written notice to the other;
provided, however, that termination shall not affect or impair joint.purchases of the panies that are agreed
to on or before the date of termination.
4. Compliance with Laws. Each party accepts relSponsibility for compliance with federal,
state, or local laws and regulations including, in particular, that party's bidding requirements applicable to
the acquisition of any goods, services, or equipment obtained through the cooperative process agreed to
herein.
5, Indemnification.
Indemnification. City of Seattle agrees to indemnify, defend and hold the City, its ejected
officials, officers, employees, agents, and volunteers haunless from any and all claims, demands, losses,
actions and liabilities (including costs and all ~omey fees) to or by any and all persons or entities,
W -2..\
'.I I~' I I C' ^ I I ('l ('I 7 :' .... 1 .... I, I
Interlocal Bidding/Purchasing Agreement
Page 3
including, without limitation, their respective agents, licensees, or representatives, arising from, resulting
from, or connected with this Agreement to the extent caused by the negligent acts, errors Or omissions of
City of Seattle, its elected officials, commissioners, officers, employees, agents, and volunteers, or by City
of Seattle's breach of this Agreement.
City Indemnification. The City agrees to indemnify, defend and hold City of Seattle, its elected
officials, conunissioners, officers, employees, agents and volunteers harmless from any and all claims,
demands, losses, actions and liabilities (including costs and attorney fees) to or by any and all persons or
entities, including without limitation, their respective agents, licensees, or representatives, arising from,
resu lting from or connected with this Agreement to the extent solely caused by the negligent acts, errors,
or omissions of the City, its employees or agents.
Survival. The provisions of this Section shall survive the expiration or termination of this
Agreement with respect to any event occurring prior to such expiration or termination.
6. Contact Persons. The Parties stipulate that the following persons shall be the contact
person for their respective jurisdiction.
a. Ms. Nancy Locke, Purchasing Manager
City of Seattle
Department of Executive Administration
Purchasing & Contract Services Division
PO Box 94687
Seattle, WA 98124
(206) 684-0444
b. Purchasing Coordinator
City of Federal Way
33325 8th Avenue S
PO Box 9718
Federal Way, WA 98063-9718
(253) 835-2533/Fax: (253) 835-2509
7. Filing. A copy of this Agreement shall be filed with the City Clerk of the City of Federal
Way, and recorded with the King County Recorder's Office and City of Seattle Auditor's Office.
8. General Provisions. This Agreement contains all of the agreements of the Parties with
respect to any matter covered or mentioned in this Agreement. No provision of this Agreement may be
amended or modified except by written agreement signed by the Parties. This Agreement shall be binding
upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. Any provision of this
Agreement which is declared invalid Or illegal shall in no way affect or invalidate any other provision. In
the event either of the Parties defaults on the performance of any tenns of this Agreement or either Party
places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall
\:)- 2. 2-
V'.J~ 1"'1'l1 '!I'lil?""bl""ll
(
~
Interlocal Bidding/Purchasing Agreement
Page 4
pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement
shall be in King County, Washington. Failure of the City to declare any breach or default immediately
upon the occurrence thereof, or delay io taking any action in connection with, shall not waive such breach
or default. Time is of the essence of this Agreement and each and all of its provisions in which
performance is a factor.
IN WITNESS WHEREOF the Parties have hereunto placed their hand and seals on the day and
year indicated.
CITY OF SEA TILE
By, ---11_ - fl
Nan~
CITY OF FEDERAL WAY
By:
~({?/^ ~
Assistant City Manager
Chief Operating Officer
Emergency Manager
Purchasing Manager
Department of Executive Administration
Purchasing & Contract ices Division
Date:
Approved as to Form
City of Federal Way
Daw' ~!fl)
Approved as to Form
City of Seattle
'8/~%l
. ~c-..7~~V
-t-city Attorney, Patricia A. Richardson
ATTES~Tbis ~ day of
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COUNCIL MEETING DATE: December 18, 2007
ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Temporary Occupancy License Agreement The Commons at Federal Way
POLICY QUESTION: Should the City of Federal Way / Federal Way Police Department accept the new
Agreement for a change in location of Licensed Space for the Federal Way Police?
COMMITTEE: Parks, Recreation, and Public Safety Council Committee
MEETING DATE: Dec. 11,2007
CATEGORY:
[8J Consent
o City Council Business
o Ordinance
o Resolution
o
o
Public Hearing
Other
ST AFF REpORT By: L YNETIE ALLEN
DEPT: Police Department
Attachments:
I. PRHS&PS Committee Memo
2. Temporary Occupancy License Agreement The Commons at Federal Way
Options Considered:
1. Accept Occupancy Agreement
2. Reject Agreement
__.......''._.._.....__.____.__......._._.____....__.._._...____....._._______.__._............................__......_.....__......_.m...M....m......"."..._.........................................__........_.........._......_......___..........._...__....___...........-....-.........--............-...........
STAFF RECOMMENDATION: Staff recommends Option 1.
CITY MANAGER ApPROVAL:
~
Ii JfJW' ,j, A uloJ/JJ.i7
DIRECTOR ApPROVAL: /JujU/.,'! J/f.WWl ~
Connnittee Council
COMMITTEE RECOMMENDATION: PRPS recommends Option_
Committee Chair
Committee Member
Committee Member
PROPOSED COUNCIL MOTION: HI move approval of the Temporary Occupancy License Agreement The
Commons at Federal Way, and authorize City Manager, Neal J Beets to sign such Agreement.
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLED/DEFERREDINO ACfION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/0612006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
E;-l
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE ST AFF REPORT
DATE:
TO:
VIA:
FROM:
December 11, 2007
Parks, Recreation, and Public Safety Council Committee
Neal Beets, City Manager
Brian Wilson, Chief of Police
SUBJECT: Temporary Occupancy License Agreement The Commons At Federal Way
Backt!found
The Federal Way Police Department occupies a licensed space, used by the Mall Officers, in the
Commons Shopping Center. The officers are stationed at the Mall to help prevent theft and for
the safety of the citizens and retailers.
This Agreement is for November 2007 through October 2008.
f--~
1
TEMPORARY OCCUPANCY LICENSE AGREEMENT
mE COMMONS AT FEDERAL WAY
TIDS LICENSE AGREEMENT ("Agreement"), as of this ~ day of October 2007 by and between City of Federal
Way dba Federal Way Police Sub-Station hereinafter referred to as ("Licensee,") and Steadfast Commercial Management
Company, Inc. as agent for Steadfast Commons II, .LLC dba The Commons at Federal Way hereinafter referred to as
("Licensor").
A. LICENSED SPACE. "Licensed Space" as used herein shall be the Licensed Space located in The Commons at Federal
Way Shopping Center in the City of Federal Way, County of King, State of Washington (the "Shopping Center") at the
approximate location as shown in Exhibit A attached hereto and incorporated herein by this reference. Licensor grants
Licensee permission to use the Licensed Space only in certain specified areas of the Shopping Center; Licensor may change
these areas, and no location can or will be guaranteed.
B. TERM. The term of this License shall commence on November 1. 2007 and shall expire on October 31. 2008 subject
to the rights of earlier termination further stated herein; it being the specific intent of the parties hereto to create a
Licensor/Licensee, and not a Landlordlfenant relationship. Licensor may terminate at any time if a breach of any term of the
Agreement by Licensee occurs with no refund of license fees or deposits. Licensor may revoke this license at any time
without cause, and Licensor can permit other people to use any pushcart, kiosks, or stores in the Shopping Center for any
purpose at any time.
Licensor hereby grants to Licensee a "non-exclusive revocable license" as of the License Cormnencernent Date to use the
Licensed Space. The words "non-exc1usive revocable license" means that the Licensor is not selling or leasing the Licensed
Space to the Licensee, but is simply permitting Licensee to use the Licensed Space under certain conditions.
TIDS LICENSE IS BEING GRANTED FOR THE LICENSE TERM ONLY, AND IS SUBJECT TO EARLIER
TERMINATION AS FURTHER DESCRIBED HEREIN. TO OBTAIN A LICENSE FOR OTHER PERIODS,
LICENSOR AND LICENSEE MUST SIGN A DIFFERENT WRITTEN LICENSE FORM.
C. SECURITY DEPOSIT. When Licensee signs this License, Licensee must deposit the amount of $-0- Dollars ($-0- ),
security deposit, with Licensor which shall be held by Licensor without liability for interest as security for Licensee's
performance of its obligations under this License and to repair any damage to the Sales Area. Licensor may, at its option,
apply the security deposit, or any portion thereof, to any overdue fee or Qther sum due by Licensee hereunder, to make repairs
to the Sales Area (including without limitation after termination of this License), or to pay for the cost of any other duty to be
performed by Licensee. Licensee shall replenish any portion of the security deposit applied by Licensor within two (2)
business days after notice from Licensor in order to restore the security deposit to its original amount. If Licensee has not
defaulted under any terms of this License, the unused portion of the security deposit shall be refunded to Licensee within
thirty (30) days after the termination of this License. Licensor's right to apply the security deposit as described. herein is in
addition to any other remedies available to Licensor.
D. LICENSE FEES. TIllS SECTION INTENTIONALLY DELETED
E. USE OF LICENSED SPACE. Licensee shall, during the term of the License, operate its business from the Licensed
Space during the regular business hours of the Shopping Center, and shall use the Licensed Space under the trade name of
Federal Way Police Sub-Station, for the use as a manned Police Sub-Station for Federal Way Police Officers
workin2lDatrollio2 at The Commons at Federal Way - as described in the "A2reement for Seatac Mall Police
Services" dated 29 November 1996. to include all amendments and for no other purpose. Licensee agrees it will not use or
permit any person or persons to use the Licensed Space or any part thereof for any purpose in violation of the laws of the
United States of America or the State of Washington, County of King, City of Federal Way, or other lawful authorities, and
that during said term, be of clean and wholesome condition, free of any objectionable noise, odors and nuisances, and that all
health and police regulations shall be, in all respects and at all times, fully complied with by the Licensee. In addition,
Licensee agrees to abide by all rules and regulations established by Licensor from time to time, with respect to the shopping
center and/or the Licensed Space.
THIS PARAGRAPH 2 INTENTIONALLY DELETED
Licensee agrees to use a professional visual presentation and/or display person to initially set up the Licensed Space, which is
either provided by or approved by the Licensor. Licensor shall have right of prior approval over all fixtures, props and
signage used in the set up, display and day-to-day operation of the Licensed Space.
~-5
Page 1
11/8/2007
Licensee may not display, sell merchandise, and allow carts, portable signs, devices or any other objects to be stored or to
remain outside the exterior walls and permanent doorways of the Licensed Space. In addition, Licensee will not in any way or
in any manner block any of the automobile p~king or common areas of the Shopping Center.
F. INDEMNITYIINSURANCE. Licensee covenants with Licensor that Licensor shall not be liable for, and Licensee shall
defend with counsel satisfactory to Licensor, indemnify and protect Licensor from any claim, demand, liability, judgment,
award, fme, mechanic's lien or other lien, loss damage, expense, charge or cost of any kind or character (including actual
attorney fees and court costs) arising from the construction, repair, use, occupancy or enjoyment of the Licensed Space by
Licensee, its respective contractors, agents or invitees; provided, however, Licensee shall have no obligation to defend or
indemnify Licensor from claims caused by the sole negligence of Licensor. Licensee further covenants and agrees that it will
carry and maintain, during the entire term hereof, at Licensee's sole cost and expense, the following types of insurance, in the
amounts specified and in the form hereinafter provided:
. Comprehensive broad form general public liability insurance against claims and liability for personal injury,
death, or property damage arising from the use, occupancy or condition of the License Area, Licensee's
trade fixtures and any abutting public right-of-way, which insurance shall provide combined single limit
protection of at least One Million Dollars ($1,000,000), per occurrence, for bodily injury or death to one or
more persons, and combined single limit protection of at least One Million Dollars ($l,OOO,OOO) , per
occurrence, for property damage comprehensive general liability insurance in the amount of One Million
Dollars ($1,000,000),
. Workmen's Compensation. Statutory amount of worker's compensation insurance for the benefit of
Licensee's employees as required by the" state in which the Shopping Center is situated.
Licensee shall provide Licensor appropriate certificate(s) of insurance specifically naming Steadfast Commons II,
LLC dba The Commons at Federal Way, Steadfast Commercial Management, Inc., as additional insured's.
G. TAXES, FEES, AND UTILITIES. Any and all taxes, fees and assessments, including but not limited to utilities, license
fees, feeS for permits, profits, sales or use taxes, personal property taxes, or any other taxes which may be levied or assessed
on the assets, business or capital of Licensee or Licensee's income therefrom, by any duly constituted government authority,
shall be borne and paid for by Licensee.
An Electrical Fee of N/A per month is payable each month in addition to the License Fees (Exhibit B). This amount shall be
included in your monthly license fee check made payable to The Commons at Federal Way, 1928-B South Commons, Federal
Way, WA 98003.
A Common Area Maintenance Fee ofN/A per month is payable each month in addition to the License Fees (Exhibit B). This
amount shall be included in your monthly license fee check made payable to The Commons at Federal Way, 1928-B South
Commons, Federal Way, W A 98003.
A Marketing/Advertising Fee of N/A per month and is payable on the first day of each month made payable to the SeaTac
Mall Merchants' Association, 1928-B South Commons, Federal Way, W A 98003 (Exhibit B).
H. ASSIGNMENT. It is expressly agreed that Licensee shall not have the right to assign or transfer, or delegate in any way
its rights or its duties under this Agreement. Any violation of this provision shall automatically terminate this Agreement.
I. NOTICES. Any notice given with respect to the License shall be delivered to the following locaf!.ons:
If to Licensor:
The Commons at Federal Way
1928-B South Commons
Federal Way, W A 98003
If to Licensee:
City of Federal Way
Attn: CiZ Manager
333258 Ave. South
Federal Way, W A 98003
CODY to:
CODY to:
~.;~
Page 2
11/8/2007
J. ENTIRE UNDERSTANDING OF THE PARTIES. The making, execution and delivery of this Agreement by Licensee
has been induced by no representation other than those herein expressed. This Agreement embodies the entire understanding
of the parties and there are not additional or other agreements, written or oral, in effect between the parties relating to the
subject matter hereof This Agreement may be amended or modified only by an instrument or equal formality signed by the
respective parties. This agreement is not binding until signed and approved by the Licensor.
K. GOVERNING LAW, ENTIRETY OR AGREEMENT AND PARTIAL INVALIDITY. This Agreement shall be
governed by the laws of the State of Washington. If any provision in this Agreement is held by any court to be invalid, void
or unenforceable, the remaining provisions shall nevertheless continue in full force and effect. Venue for any legal action shall
arise in the Superior Court for King County, in the State of Washington.
L. WAIVER. Waiver by Licensor of any breach of any term, covenant or condition herein contained shall not be deemed a
waiver of any subsequent breach of the same or any other term, covenant or condition herein contained.
M. ATTORNEYS' FEES. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement,
the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other
relief to which such party may be entitled.
N. NO PARTNERSIDP INTEREST OR ESTATE. It is understood and agreed that nothing herein contained shall be
considered as in any way constituting a partnership between Licensor and Licensee and that Licensee does not and shall not
claim an interest or estate of any kind at any time.
O. PERMITS. Licensee shall obtain any and all permits, licenses and authorizations, which may be required by any and all
governmental authorities with respect to the use and occupancy of the Licensed Space. In addition, prior to commencement of
this agreement, Licensee shall provide copies as proof to Licensor that Licensee has all the above named documents as
required by the State of Washington and the City of Federal Way.
All installations and equipment used by Licensee shall be maintained and installed in strict conformity with the requirements
of the Board of Fire Underwriters as well as local, state and federal rules and regulations.
P. CORPORATION. In the event Licensee shall be a corporation, the parties executing this Agreement on behalf of
Licensee hereby covenant and warrant that Licensee is a duly qualified corporation and all steps have been taken prior to the
date hereof to qualify .Licensee to do business in the State of Washington, corporate taxes have been paid to date; and all
future forms, reports, fees and other documents or payments necessary to comply with applicable laws will be filed or paid
when due.
Q. CONDITION OF LICENSED SPACE. Licensee accepts the Licensed Space in an "as is" condition as of the date
hereof. Upon vacating the Licensed Space, Licensee shall re-deliver the Licensed Space to Licensor in good order, condition
and state of repair.
R. RULES AND REGULATIONS. Licensee and its employees are empowered and privileged to use the parking and
common areas in common with other persons during the term of this Agreement, subject to such rules and regulations as
Licensor shall promulgate from time to time; provided, however, that employees shall park only in designated parking areas
and that no overnight parking is allowed. If Licensee or its employees fails to strictly utilize the designated parking areas
more than two (2) times during the license period, then, in addition to any other remedies that Licensor may have, Licensee
agrees to pay Licensor on demand a fee as liquidated damages equal to $10.00 per occurrence thereafter in which Licensee or
its employees fails to park in said designated areas.
S. TIME OF ESSENCE. Time is of the essence with this Agreement and with every term, covenant and condition herein.
T. AGENCY DISCLOSURE. At the time of the signing of the Agreement, Steadfast Commercial Management Company,
Inc. represented the owner-licensor. Each party signing this Agreement confirms that prior oral and or written disclosure of
agency was provided to himlher on this tr8JlSaction.
Conunents or special conditions:
Licensor reserves the right to require reduction or removal of any merchandise or fIxtures deemed unsafe or inappropriate.
If Licensee requests, Licensor will pl,'ovide phone line to space. Licensee is responsible for contacting Qwest for hook-up and
for any and all costs associated with said phone line.
E...5
Page 3
11/8/2007
IN WITNESS THEREOF, the parties hereto have entered into this Agreement on the day and year first above written.
Licensor:
Licensee:
The Commons at Federal Way
By: Steadfast Commercial Management Company, Inc.,
its authorized agent
City of Federal Way
dba Federal Way Police Sub-Station
By:
By:
Gary R. Martindale
General Manager
Title:
Date:
Date:
E..- (,
Page 4
11/8/2007
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'Page 5
.
EXHmIT B
TEMPORARY OCCUPANCY LICENSE AGREEMENT
FEES
LICENSE FEE:
PERIOD
11-01-07 through 1O-3l-0S
FEE*
N/A
PERCENT AGE FEE:
PERIOD
BREAK POINT*
ll-O 1-07 through 1 0-3 I-oS
N/A
*Licensee agrees to pay Licensor N/A percent on any of Licensee's Gross Sales in excess of the Break Points listed
above.
MISCELLANEOUS FEES:
PERIOD ELECTRIC*
CAM*
1l-Ol-o7 through 1O-3l-0S N/A
N/A
MARKETING! *
ADVERTISING
N/A
Page 6
11/812007
~
~--~
EXHIBIT C
SCOPE OF SERVICES
I. The City will provide to The Commons at Federal Way two (2) full time, experienced police officers ("Contract
Officers") to provide security for the property, its businesses, tenants and customers and its premises. These officers
will work in conjunction with private security or other police agency representatives employed by the Mall or any of
it stores and tenants.
2. The City will retain control over the Contract Officers and the Contract Officers will work under the general and
direct supervision of the Police Department and will adhere to departmental policies and procedures. The Contract
Officers will work in a full duty status while on duty as in any Police Department duty assignment. Contract Officers
will be in uniform during duty hours and will be provided with radios, vehicle, and other regularly used police
equipment. Bicycles and computer equipment may be provided, at the Police Department's option, to. increase
service levels.
3. The Mall may provide in-line office space, a public access kiosk, or other facilities to increase public access and
visibility of the Contract Officers. Mall management may direct the security efforts of the Contract Officers on a
day-to-day basis, consistent with Police Department poliCies, to assure continuity, coverage, and coordination of
efforts; provided, however, that in the event of a conflict between Mall direction and Police Department direction,
the Police Department direction shall control.
4. Hours of coverage will be flexible to address special Mall events and will be established by the Police Department in
conjunction with Mall management. Contract Officers will be assigned in one (l) year increments, but may be
rotated to address Police Department needs or Mall management interests. The City will provide ten (10) eight-hour
shifts per week, with officer absences due to illness, time off, or training replaced by general assignment officers to
maintain consistent coverage. Contract Officers will lose no benefits, assignment, training, or promotional
opportunities due to the Agreement.
5. Contract Officers will combine foot patrol, vehicle patrol of the Property parking lot and perimeters, and office,
booth or kiosk fixed positions to provide security, visibility, and police services.
6. Contract Officers will serve within the Property interior and parking areas as a "mini-beat" within the general
geographical dispersal structure of the City, placing it as a section within a regular beat. The regular beat officer, in
whose beat the Mall mini beat is placed, will provide presence and response capabilities consistent with general beat
management strategies. The Mall's coverage by the regular beat officer will not be reduced by the presence of the
Contract Officers or by the use of other representatives or private security staff in the Property or in individual
stores. All supplemental police services will remain unaffected by the coverage provided for in the Agreement.
7. During assigned periods, the Contract Officers will respond to police or public safety incidents. If the matter can be
resolved by the Contract Officers expediently, no general assignment or specialized assignment officers will need to
respond. If needed, as determined by the Police Department, other officers will be dispatched as in the resolution of
any similar matter throughout the City. If the inCident requires extended prisoner transportation, general assignment
officers will relieve the Contract Officers to allow them to resume their security duties as soon as practical.
Page 7
1118/2007
~
f-'1
DATE IN:
I DATE OUT: I TO:
CITY OF FEDERAL WAY LAW DEPARTMENT
REQUEST FOR CONTRACT PREPARATIONIDOCUMENT REVIEW/SIGNATURE ROUTING SLIP
2.
4.
1. ORIGINATING DEPT.IDIY: FEDERAL WAY POLICE DEPARTMENT
ORIGINATING STAFF PERSON: LYNETIEALLEN EXT: 6701
3. DATE REQ. BY: ~07 J \ \ .3 () \ 01
TYPE OF DOCUMENT REQUESTED (CHECK ONE)
o PROFESSIONAL SERVICE AGREEMENT
o MAINTENANCElLABORAGREEMENT
o PUBLIC WORKS CONTRACT
o SMALL PUBLIC WORKS CONTRACT
(LESS THAN $200,000)
o PURCHASE AGREEMENT)
(MATERIALS, SUPPLIES, EQUIPMENT)
o REAL ESTATE DOCUMENT
o SECURITY DOCUMENT (E.G. AGREEMENT &
PERFIMAIN BOND; ASSIGNMENT OF FUNDS IN LIEU OF BOND)
o CONTRACTOR SELECTION DOCUMENT
(E.G., RFB, RFP, RFQ)
o CONTRACT AMENDMENT AG#:
o CDBG
o OTHER
5. PROJECT NAME: TEMPORARY OCCUPANCY LICENSE AGREEMENT "THE COMMONS AT FEDERAL WAY" NOVEMBER 1. 2007
THROUGH OcrOBER 31.2008.
6. NAME OF CONTRACTOR:
ADDRESS: TELEPHONE
SIGNATURE NAME: TITLE
7. ATTACH ALL EXHIBITS AND CHECK BOXES 0 SCOPE OF SERVICES 0 ALL EXHIBITS REFERENCED IN DOCUMENT
o INSURANCE CERTIFICATE 0 DOCUMENT AUTHORIZING SIGNATURE
8.
TERM: COMMENCEMENT DATE:
COMPLETION DATE:
9. TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATIACH SCHEDULES OF EMPLOYEES TITLES AND HOUDAY RATES)
REIMBURSABLE EXPENSE: 0 YES 0 NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED 0 YES 0 NO IF YES, $ PAID BY: 0 CONTRACTOR 0 CITY
lO.
l1.
CONTRACT REVIEW INITIALIDATEAPPROVED
o PROmCf MANAGER
J(DIRECTOR
o RISK MANAGEMENT
ti.LAW ~w J~c7
INITIALlDATEAPPROVED
{J.Wi-ll)JfIAvJ
,
CONTRACT SIGNATURE ROUTING INITIAL/DATEAPPROVED
o LAWDEPARTMENT
o CITY MANAGER
o CITY CLERK
o SIGN COPY BACK TO ORGINATING DEPT.
o ASSIGNED AG#
o PURCHASING: PLEASE CHARGE TO:
INITIALIDATE APPROVED
COMMENTS: Al!reement runs from Nov. 1.2007 throul!h Oct. 31. 2008
~-'D
"10/09/02
COUNCIL MEETING DATE: December 18, 2007
ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Law Enforcement Service Agreement with Federal Way Transit Center
POLICY QUESTION: Should the City of Federal Way / Federal Way Police Department renew the Service
Agreement with Sound Transit, for the scheduling of extra-duty police officers at the Transit Center, for 2008?
COMMITTEE: Parks, Recreation, and Public Safety Council Committee
MEETING DATE: December ll,
2007
CATEGORY:
[gI Consent
o City Conncil Business
D Ordinance
D Resolution
o
o
Public Hearing
Other
~J.A~!._~_~OR! BX:__J~~!~~~g9~IE:~_~_~~E~?!~_~M~_g~!L_
Attachments:
1. Service Agreement document for 2008.
2. Staff Committee Memo.
Options Considered:
1. Renew Service Agreement for 2008 - Maintaining our partnership with Sound Transit.
2. Reject Agreement
DEPT: Police Department
STAFF RECOMMENDATION: Staff recommends Option 1.
CITY MANAGER ApPROV AL: .~ I?1i?)
~e ~
DIRECTOR ApPROVAL: jJW./f~J/r;J1M7 lJ i..Jllt~JJb'M7
Committee Council
COMMITTEE RECOMMENDATION: PRPS recommends Option _
Committee Chair
Committee Member
Committee Member
PROPOSED COUNCIL MOTION: "I move approval of the 2008 Service Agreement between the City of Federal
Way and Sound Transit, for scheduling extra-duty police officers at the Transit Center, and I authorize City
Manager. Neal J. Beets, to sign such Agreement. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o T ABLEDIDEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/0612006
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
\= -1
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE:
TO:
VIA:
FROM:
December 11, 2007
Parks, Recreation, and Public Safety Council Committee
Neal J. Beets, City Manager
Brian 1. Wilson, Chief of Police
SUBJECT: Law Enforcement Service Agreement with Federal Way Transit Center
The Police Department is seeking the City Council's permission to approve a new Service
Agreement with Sound Transit for the scheduling of extra-duty police officers at the Transit
Center facility, through 2008.
Background
In 2007, the City entered into a Service Agreement with Sound Transit to provide for the
scheduling of extra-duty police officers at the Transit facility to address public safety and security
concerns occurring there. Sound Transit compensates the City for the scheduled officer time.
Since the inception ofthis Service Agreement, the Police Department has received a wide range
of correspondence from Federal Way citizens complimenting the Police and Sound Transit for
the improvement to, and the perception of, safety at the Transit Center facility.
There are no significant changes between the 2007 Service Agreement and the 2008 Service
Agreement. I recommend the approval of this new Service Agreement with Sound Transit for
2008.
f:- - -z.---
1
LAW ENFORCEMENT SERVICE AGREEMENT
FEDERAL WAY TRANSIT CENTER
THIS AGREEMENT is made and entered into this day of ,2007, by
and between the City of Federal Way, a municipal corporation of the State of Washington
(hereinafter the City) and the Central Puget Sound Regional Transit Authority, a regional
transit authority authorized under RCW 81.112 (hereinafter Sound Transit).
WITNESSETH:
WHEREAS, Sound Transit is desirous of contracting with the City for the
performance of the hereinafter described law enforcement functions, and
WHEREAS, the City is agreeable to rendering such services on terms and conditions
hereinafter set forth;
NOW, THEREFORE, it is agreed as follows:
1. Term: The term of this Agreement shall be January 1, 2008 through December 31,
2008. This Agreement may be extended by mutual written agreement of both parties.
2. City Obligations:
a. The City agrees to continue support of Sound Transit's security efforts at the Federal
Way Transit Center. In addition to the emphasis by the Federal Way Proactive
Enforcement Unit, the City may, at its discretion, make available an Extra-Duty
Officer Program. Extra-Duty Officers, if available, will work a minimum of three
hours during each block of time. (Extra-Duty Officers are not guaranteed).
b. The City may, at its discretion, make available for Sound Transit's use a decoy car to
supplementthe Extra-Duty Officer Program. These decoy cars shall be marked
Federal Way Police Cars parked for a period oftime at the transit center. These cars
mayor may not be staffed with officers. Use of the decoy cars may be used, at the
Police Departments discretion, on a periodic random basis at no cost to Sound Transit.
c. The rendition of such services, the standards of performance, the discipline of officers
and other matters incident to the performance of such services and the control of
personnel so employed shall remain in the City.
d. A monthly or quarterly report may be provided if requested by Sound Transit. The
report shall include the following, if available, as it pertains to the Federal Way
Transit Center for the specified time period:
(1) Incidents.
(2) Violations.
(3) Total number of hours spent by extra-duty officers at the Federal Way Transit
Center.
(4) Other items the City or Sound Transit deems appropriate and applicable.
~-3
[ of 3
3. Sound Transit Obligations:
a. Sound Transit shall provide two painted stalls on the north end of the bus loop marked
for police vehicles only.
4. Scheduling: The City and Sound Transit shall schedule extra-duty officers, if available,
on a monthly basis utilizing statistical data to target dates and times of peak authority.
Consideration shall be given to peak transit times.
5. Compensation:
a. Sound Transit shall pay the City $58.00 per hour, for a minimum of three hours,
per officer, for scheduled time spent by extra-duty officers at the Federal Way Transit
Center. This amount shall be the City's sole compensation under this agreement. The
City shall remain responsible for all costs associated with its performance including
but not limited to taxes, equipment, Workers Compensation insurance and claims, and
follow-up investigations. The maximum payment to the City shall not exceed One
Hundred Fifteen Thousand dollars and no cents ($115,000.00) for the satisfactory
performance of services.
b. City shall invoice Sound Transit on a monthly basis for scheduled extra-duty officer
time spent onsite at the Federal Way Transit Center, Attn: Accounts Payable
Department. Each invoice shall contain the purchase order number. Any invoice
submitted without the purchase order number will be considered incomplete and will
be returned. Each invoice shall contain sufficient documentation to substantiate the
invoiced amount and be in a form acceptable to Sound Transit. Within thirty (30)
calendar days after receipt of a complete, satisfactory invoice, Sound Transit will
make payment to the City of the amount of the invoice approved by Sound Transit's
representati ve.
6. Legal Relations and Indemnification. The City shall comply with all applicable federal,
state and local laws, regulations and resolutions applicable to the performance of services
under this Agreement. The City shall indemnify, defend and hold Sound Transit harmless
for all injuries to persons and damages to property resulting from the performance of
services by the City, except to the extent such injuries and damages result from the willful
misconduct or negligence of Sound Transit.
7. Termination: Either party may terminate this Agreement at any time without cause upon
30 days written notice to the other party. Except for payment of services rendered before
termination of the Agreement, the parties hereby waives any claims for compensation or
for damages caused by such termination.
F,vl
"') . C')
.~_, t)" y}
IN WITNESS WHEREOF, the parties hereby agree to the terms and conditions of this
Agreement.
For City of Federal Way
For Sound Transit
By:
By:
Title:
Title;
Approved as to Form:
Federal Way City Attorney
Sound Transit Legal Counsel
)::--~
uf