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PRHSPSC PKT 05-12-2009City of Federal Way CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE Tuesday, May 12, 2009 5:30 p.m. 1. CALL TO ORDER 2. PUBLIC COMMENT — THREE (3) MINUTES 3. COMMISSION COMMENTS 4. APPROVAL OF APRIL 14, 2009 SUMMARY 5. COMMITTEE BUSINESS City Hall Hylebos Conference Room Action Topic Title/Description Presenter Page or Info A. Greater Federal Way Comprehensive Emergency Gross 7 Action Management Plan 05/19/09 Council ......... ........ ......... ..... __. ........ ._ ........... ....................................... ......- .. ......... B. Animal Control Pearsall 21 Information C. Interlocal Agreement DSHS/DDD D. Amendment to the Red Light Photo Enforcement Ordinance Clarifying the Penalty .. _ ......... ....... ......... ...____... D. A Measured Expansion of the Red -Light Photo Enforcement Program .- .......... ......... ......... ......... ......-.1.1.1-- ............ E. King County Regional 800 MHZ Radio System — Inadequate Radio Coverage ______.__.1,11,1 __ .... .......... .... ........... .......... __ F. Federal Way Soccer Association Donation 6. PENDING ITEMS • Festivals • NLC Providing Discount Pharmacy Services to Citizens Hutton 33 Action 05/19/09 Council Walls 47 Action 05/19/09 Council Wilson 53 Action 05/19/09 Council ... .............. ......... . ............. .................. .... .. ......... Wilson 59 Information ..... _.... __ .... ....... _ ... Ikerd 63 Action 05/19/09 Council 7. NEXT MEETING — Tuesday June 9, 2009 5:30pm — Hylebos Conference Room 8. ADJOURNMENT 2009 Committee Members: Staff: Council Member Jeanne Burbidge, Chair Steve Ikerd, Interim Director Council Member Jim Ferrell Mary Jaenicke, Administrative Assistant II Council Member Michael Park 253-835-001 City of Federal Way City Council PARKS, RECREATION, HUMAN SERV ICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, April 14, 2009 5:30 p.m. SUMMARY In attendance: Council Committee members Chair Jeanne Burbidge, Jim Ferrell; Council member Linda Kochmar, Amy Jo Pearsall, City Attorney, Deputy Chief Andy Hwang, Cathy Schrock Support Services Manager, Lynnette Hynden Human Services Manager, Ray Gross EOC Manager, Steve Ikerd, Interim Director PRCS, Mary Faber PRCS Superintendent, Mary Jaenicke, Administrative Assistant It. Chair Burbidge called the meeting to order at 5:34p.m. Council member Park was excused. PUBLIC COMMENT None COMMISSION COMMENT None APPROVAL OF SUMMARY Council member Ferrell moved to approve the March 2009 minutes. Chair Burbidge seconded, motion passed. Council member Ferrell moved to have items G and H presented after item D, and to add School Resource Officer Contract, and Services Agreement for The Commons at Federal Way Police Services to the agenda. Chair Burbidge seconded. Motion passed. BUSINESS ITEMS Donation of Two Retired Police Vehicles to Criminal Justice Training Commission Deputy Chief Hwang reported that the Federal Way Police Department was approached by the Criminal Justice Training Commission, and were asked to donate vehicles. The Department has two surplus vehicles that they would like to donate. The cars normally sell at an auction for $1500 for each. Council member Ferrell moved to authorize the donation of two retired Police Vehicles to the Washington State Criminal Justice Training Commission for their Police Academy Training Program. Chair Burbidge seconded. Motion passed. Agreement between City of Federal Way and Puget Sound Educational Service District Relating to Funding for Reinvesting in Youth Chair Burbidge stated that she does serve on an Advisory Committee for this program Deputy Chief Hwang stated that since 2003 the Department has contributed $5000. In the past funding has been taken from their forfeiture account for reinvesting in youth; this year the funds are low in that account, so the money will be taken out of the traffic account. Deputy Chief Hwang stated that it is a tremendous benefit to spend money upfront to address issues with youth that are having troubles. Council member Ferrell moved approval of the Agreement between City of Federal Way and Puget Sound Education Service District Relating to Funding for Reinvesting in Youth, and authorize City Manager Neal J. Beets to sign such Agreement. Chair Burbidge seconded. Motion passed. Edward Byrne Memorial Justice Assistance Grant (JAG) Ms. Schrock presented the background information. It is their intent to enter into an agreement with King County within the next ten days. This is different than any other grant that they have applied for in JAG. The Justice Department identified King County as a disparate agency in the allocation of funds. Federal Way has entered into negotiations with King County and all 18 cities representing them The cities are coming together on April 15 to counter the County's proposal. A unanimous decision is the only way that the funds will be distributed by the Federal Government. The final Memorandum of Understanding will be brought back to Council. Council member Ferrell moved to approve, Chair Burbidge seconded. Ms. Schrock stated that the funds are one time funds that will be shared for training and other programs. The purpose of the grant is to continue jobs or stimulate jobs in law- PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday April 14, 2009 Summary Page 2 enforcement or programs that support law enforcement. The total money is approximately 4.8 million for the County, and the federal allocation for the city is $211,276. The federal allocations are subject to negotiation with King County. If an inter -local agreement cannot be reached between all participants, then the entire King County grant award will be lost. It was moved and seconded to approve a Memorandum of Understanding of the Edward Byrne Memorial Justice Assistance Grant (JAG). Motion passed. Agreement between FWPD and Washington Auto Theft Prevention Authority (WATPA)• Grant for an Automatic License Plate Reader (ALPR) Deputy Chief Hwang reported that the Police Department applied for and was awarded a grant in the amount of $30,000 to purchase an Automatic License Plate Reader. The technology will be phenomenal in finding stolen vehicles. It will read 1,000 plates per hour. The ALPR will be mounted onto a vehicle and will alert the officer that it is a stolen vehicle. Council member Ferrell moved approval of the Agreement between the Federal Way Police Department and Washington Auto Theft Prevention Authority to accept the Grant for Automatic License Plate Reader, and authorize City Manager Neal Beets to sign such Agreement. Chair Burbidge seconded. Motion passed. A brief presentation will be given at the April 21, 2009 City Council meeting. School Resource Officer Contract Deputy Chief Hwang stated that this is a three year contract with the Federal Way School District. This contract was revised because the School District dropped the School Resource Officer (SRO) at Thomas Jefferson High School. We now have four SRO's. It was explained that Thomas Jefferson is not within the city limits of Federal Way, and King County approached the school district and asked to take over police services at that site. Council member Ferrell moved approval of entering into the Interlocal Agreement with Federal Way School District No. 210 to provide School Resource Officer Services to the High Schools. Chair Burbidge seconded. Motion passed. Services Agreement for The Commons at Federal Way Police Services Deputy Chief Hwang stated that this is a one year contract with The Commons Mall. The contract is renewed on an annual basis. Originally we had two officers at the mall. When the theater opened we were asked to provide three Officers. Due to the economic downturn, they requested that we reduce costs. We have reduced our services by 8.3%. Three officers are now working 11 days instead of 12 days. The one day is being absorbed into Patrol. The City pays 50% of the Officers salary, and The Commons pays the other 50%. Police coverage at the Transit Center was discussed. Increased focus at the Transit Center is extremely important for safety. The Transit Center has two officers assigned, but they pair up and travel to other transit centers, so there are times when the Transit Center is unguarded. Chief Deputy Hwang stated that at this time the FWPD is going to provide the staffing, and take control of the Transit Center. The Department will be meeting with the Transit Center. This is putting a strain on the Federal Way Police Department. The contract will be reviewed. Council member Ferrell moved approval of entering into the Services Agreement for The Commons of Federal Way for Police Services. Chair Burbidge seconded. Motion passed. Federal Way Community Center Marketing and Strategic Plan Implementation Ms. Faber introduced Scott Marlow from Marketing by Marlow, he is part of the team of Cipalla Communications. An RFP was issued for the development of creative materials for print and electronic communications. The budget for this is $80,000. Six proposals were received. There was an interview and evaluation committee. The committee met with all six respondents. The committee chose Cipalla. Ms. Farmer stated that Rita Cipalla hand picks her subcontractors. Ms. Faber stated that the committee felt that a very important element is how we market electronically, this is critical to the success of the Community Center. Mr. Marlow is a specialist on this. Mr. Marlow stated that the team is very excited about the project. Each team member will have their own area of responsibility. Ms. Faber stated that the team that has been put together has a very strong background in business and non -profits, so they understand both markets. They understand that our budgets are not limitless. The $50,000 will be used to develop the creative materials such as brochures, rack cards and flyers and the web pages. $30,000 will be used to make the materials and develop them. It will also be used for printing and mailing. Council member Ferrell moved approval to authorize staff to negotiate an agreement for $50,000 with Cipalla Communications, Inc. for the development of creative materials for print and electronic communications. Chair Burbidge seconded. Motion passed. PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday April 14, 2009 Summary Page 3 Community Fireworks RFP Ms. Faber stated that the City issues an RFP for the community fireworks display every two years. One proposal was received from Entertainment Fireworks, Inc. We have used this company previously, and they have done a good job. The amount of the display is $16,000 annually. Council member Ferrell moved to authorize acceptance of the Entertainment Firewo4ks Request for Proposal and authorize staff to negotiate a two year agreement for $32,000 for the community Fireworks. Chair Burbidge seconded. Motion passed. Succession for Governing the City Of Federal Way in Times of Emergency Mr. Gross provided the background information. This is a resolution that addresses the succession for Governing the City of Federal Way in times of emergency or disasters. Lessons learned from past emergencies and disasters have shown that leadership in times of emergencies is one of the internal problems that most response agencies face_ This resolution addresses that in the event that the Mayor is not available or capable of running the City during the disaster, that there is a written chain of command of who would be in charge and who would be able to make a proclamation of emergency. The resolution also states that the line of succession will be able to make a proclamation of emergency without the need of a quorum. Council member Ferrell moved to approve the draft resolution as written. Chair Burbidge seconded. Motion passed. Interlocal Agreement for South End ARCH Ms. Hynden stated that she met with the ARCH Managing Planner Arthur Sullivan and then Dini Duclos CEO of the Multi -Service Center. In addition, Ms. Hynden has reviewed reports on costs and the existing housing stock in South King County then compared the reports against East King County's reports as requested. Ms. Hynden feels that now is not the right time to sign this agreement without support staff. This seems consistent with Mr. Sullivan's recommendation based on his first hand experience. The Eastside ARCH started with a full-time and half-time staff person dedicated to the organization and start up of the East Side ARCH. They spent many hours providing administrative support and technical expertise to develop the work plan that puts the agreement into action. It took 1 'Y2 years to develop the work plan, then a trust fund was set up before the agreement was signed. Ms. Hynden stated that East King County's focus was trying to develop the new stock of affordable housing; there were not enough resources for people to be able to afford housing in the same community in which they worked. In South King County refurbishing our housing stock is the issue, making sure that the housing stock we have is taken care of. Instead having no resources to maintain affordable housing, stock deterioration begins and affordability is set aside by rising costs of basic needs to support the house. We need to keep up on Community Development and refurbishing the current stock, not build more at the cost of letting the current stock deteriorate. There is already a group of cities that work with King County in correlation to the Committee to End Homelessness and in a couple of weeks, Jason Johnson, will be speaking at the city council meeting. This is a collective group of concerned agencies and cities that was to make sure that we are building and maintaining affordable housing in South King County. Ms. Hynden is asking that we do not sign an ARCH agreement that appears to be blueprints of the Eastside's agreement without funding or appropriations to fully staff the agreement. Collaboration between cities is a great thing; we just need funding to create a plan and then execute the plan. Human Services Division cannot absorb the additional costs for the in-kind services that will be needed to fully participate in an ARCH. This agreement is too broad and does not address what South King County needs. Signing an agreement that does not have staffing appropriated in addition agreements for a work plan will not move us forward from where we are now. It is a very broad document that says we will work together, but it has no action behind it. Council member Burbidge stated that the existing housing stock needs to be upgraded and maintained. Ms. Hynden stated that the ARCH without a foundation for collaboration outlined does not guarantee that if we join, that every other city that signs the agreement will contribute funds or ideas for a work plan consistent with the needs of South King County. Council member Ferrell moved to approve option 1: Do not sign the Interlocal Agreement SEARCH. Chair Burbidge seconded. Motion passed. Parks and Recreation Commission Work Plan Steve Ikerd presented the 2009 work plan. The work plan has been delayed due to some budget concerns. Council member Ferrell moved to approve the proposed Parks Commission 2009 Work Plan. Chair Burbidge seconded. The Celebration Park 10n year anniversary celebration was added to the work plan. It is scheduled for May 29th. Motion passed. Pending Items Animal Control 5 PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday April 14, 2009 Summary Page 4 NEXT MEETING — May 12, 2009 5:30 p.m. in the Hylebos Conference Room ADJOURNMENT - Meeting adjourned at 6:55 p.m. JNCIL MEETING DATE: 5/19/2009 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: GREATER FEDERAL WAY COMPREHENSIVE EMERGENCY MANAGEMENT PLAN POLICY QUESTION: SHOULD THE CITY OF FEDERAL WAY ADOPT THE GREATER FEDERAL WAY COMMUNITY COMPREHENSIVE EMERGENCY MANAGEMENT PLAN? COMMITTEE: PARKS, RECREATION AND PUBLIC SAFETY MEETING DATE: 5/12/2009 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business X Resolution ❑ Other STAFF REPORT BY: RAY GROSS DEPT: PUBLIC WORKS Attachments: 1) MEMORANDUM 2) EXECUTIVE SUMMARY 3) DRAFT RESOLUTION Options Considered: 1) APPROVE DRAFT RESOLUTION 2) DISAPPROVE DRAFT RESOLUTION AND PROVIDE DIRECTION TO STAFF. STAFF RECOMMENDATION: APPROVE OPTION 1 CITY MANAGER APPROVAL: 9' * \ DIRECTOR APPROVAL: Committee Council Committee Council COMMITTEE RECOMMENDATION: Committee Chair Committee Member Cormnittee Member PROPOSED COUNCIL MOTION(S): Move to approve resolution as written or as amended by committee. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 02/06/2006 RESOLUTION # 7 CITY OF FEDERAL WAY PARKS, RECREATION & CULTURAL SERVICES DEPARTMENT Date: April 27, 2009 To: Parks, Recreation, human Services & Public Safety Council Committee From: Ray Gross, Emergency Management Coordinator Via: Neal Beets, City Manager Subject: Greater Federal Way Community Comprehensive Emergency Management Plan Background The National Incident Management System (NIMS) required local, county, and state emergency management organizations to review, update and ensure that their emergency management plans were in compliance with NIMS. Member Agencies of the Greater Federal Way Emergency Management Program which includes the City of Federal Way, Federal Way Public Schools, Lakehaven Utility District, and South King Fire & Rescue began work on the Greater Federal Way Community Comprehensive Emergency Management Plan in 2007 to ensure that the plan was current and in compliance with all NIMS standards. Applicable parts of the plan have been tested in drills and table top exercises while other parts of the plan have been updated with current phone numbers, communication systems upgrades and other updates required by NIMS. COMPREHENSIVE EMERGENCY MANAGEMENT PLAN TABLE OF CONTENTS I. MISSION A. Purpose, Goals, Definitions .......................................... page 1 B. Authorities, Guidance Documents, Agreements .................. page 3 C. Situations............................................................... page 3 D. Assumptions........................................................... page 4 E. Limitations............................................................. page 5 IL ADIVIINISTIUTION ----------------------------------------- A. General ................................ ... ............................. . page 6 B. Policies ......................................... .... page 6 C. Administration......................................................... page 6 D. Fiscal ........................................ ... ................... . ..... page 7 E. Logistics................................................................ page 7 F. Plan Maintenance & Distribution .................................... page 7 III. IDR0FII.jE ORGANIZATION ANI) RESPONSIBUATIES A. Profile of the Greater Federal Way (GFW) Community ......... page 9 B. Organization of the GFW Emergency Management Program ... page 17 C. General Organizational Responsibilities ............................ page 18 IV. 1HREC 1'10N ANT) CONT. ZOL A. General.................................................................. Page 27 B. Crisis Monitoring...................................................... page 28 C. Levels of Emergency .................................................. page 28 D. On -Scene Management/1CS.......................................... page 28 E. Emergency Operations Center (EOC) Activations and Staffing. page 29 F. Continuity of Operations .............................................. page 30 G. Facilities.............................................................•--- Page 31 H. Continuity of Government ................................... . ........ page 31 V. CONCEPT OF OPE RATIONS A. General .............................. ...... .............................. page 33 B. Emergency Management Phases ..................................... page 33 C. Functional Annex Concept ............................................ page 35 VI. ANNEXES A. Hazard Ide.nufication. Vulnerability Assessnient .................. page 37 K GFW FOC Operations (ESF-1,3,4,5,':?.10,1.3) ..................... page 89 C. Erncrgeacy Public. 1_n1-f5rrllUOT1 (E.SF-1.5) ..................... page 176 1). Communications & Warnings ( SF -2) .............................. page 181 E. Evacuation............................................................... page 185 F. Mass fare & Sheltering (ESF--6)..................................... page 196 M 9 G. Voiunwr Pinergency Workcv� . ....................................... H. Resource. Management (ESF-7'j ......................... I ... *.......... I. Donations Manag"ient ................................................ J. Debris Nlanagenlent ..................................................... K. Ref.overy Operations (ESF-14) ........................................ L. Severe Weather ...................... ................. -- ......... M. Earthquake ............................................................... ii 10 page 214 page 220 page 226 page 233 page 242 page 247, page 268 BASIC PLAN IR-eturn to 'Fable of Cerzteatsj MISSION A Purpose Purpose, Goals, Definitions a. The purpose of the Greater Federal Way (GFW) Comprehensive Emergency Management Plan (CEMP) is to provide guidance for the GFW Member Agencies (City of Federal Way, Federal Way Public Schools, Lakehaven Utility District, and South King Fire and Rescue) response to extraordinary emergency situations associated with natural, man-made disasters and technological incidents. This plan does not address ordinary day-to-day emergencies or the established agency/departmental procedures used to cope with such incidents. Rather, this all hazards plan concentrates on management concepts and response procedures relative to large-scale emergencies or disasters. Such emergencies or disasters pose major threats to life, the environment and property, and can impact the well being of a large number of people for long durations of time. b. This plan provides for an orderly means to prevent or minimize, prepare for, respond to, and recover from emergencies or disasters that threaten life, property, and the environment within the service areas of the GFW Member Agencies. 1) Identifying major natural and manmade hazards, threats to life, property, and/or the environment that are known or thought to exist. 2) Assigning emergency management responsibilities and tasks. 3) Describing predetermined actions to be taken by agencies/departments, and other coo -crating organizations and institutions, to eliminate or mitigate the effects of these threats, and to respond effectively and recover from an emergency or disaster. 4) Providing for effective assignment and utilization of local government employees. 5) Documenting the current agencies/departments and institutions which must be those predetermined actions. capabilities and existing resources of other cooperating organizations and maintained to enable accomplishment of 6) Providing for the continuity of local government during and after an emergency or disaster. 11 7) Enhance cooperation (mutual aid agreements and memorandums of understanding) and coordination with cooperating community agencies, neighboring jurisdictions, and state and federal agencies. 8) Providing for an emergency planning team comprised of representatives from all departments as identified and utilized through this plan development for containing review and revision of the plan; exercise planning and evaluation, and reviewing and offering recommendations on emergency management initiatives. C. This plan provides guidance for: 1) Mitigation, preparedness, response, and recovery policy and procedures. 2) Emergency and disaster responsibilities. 3) Training and public education activities. d. This plan is strategic and "responsibility oriented," and addresses: 1) Coordinated response and recovery actions. 2) Pre -deployment and deployment of resources. 3) Communications and warning systems. 4) Training and exercise program of the plan. 5) Defined responsibilities for departments/agencies through a "Functional Annex" approach to planning and operations. 2. Goals a. Develop citizen self-sufficiency. b. Develop first responder and GFW EOC staff capabilities. C. To have a plan that will guide organizational behavior during emergencies or disasters. d. Create a framework of interagency and community -wide cooperation to enhance disaster mitigation, preparedness, response, and recovery. 3. Definitions a. The term "emergency" as used in this plan means a set of ,circumstances which demand immediate action to protect life, preserve public safety, health and essential services, or protect property and the environment. 12 b. "Disaster" means the situation requires all available local government resources and/or augmentation, and is beyond the capabilities of the GFW Member Agencies. A state of "emergency" or "disaster" can be proclaimed by the City Mayor, City Manager, or the Emergency Manager. B. Authorities, Guidance Documents, Agreements 1. Authorities a. Federal - Public Law 93-288, Disaster Relief Act of 1974, as amended - Public Law 920, Federal Civil Defense Act of 1950, as amended - Public Law 96-342, Improved Civil Defense Act of 1980 b. State - Revised Code of Washington (RCW) 38.52, 35.33.081, and 35.33.101 - Washington Administrative Codes (WAC) 118.04, 118.03, and 296- 62-3112 C. Local - Federal Way Resolution No_ 91-090 - Federal Way Resolution No. 05-453 - Inter -local Agreement AG No. 98-179 - Inter -local Agreement AG No. 05-131 2. Guidance Documents - National Response Framework - FEMA Independent Study Course Emergency Planning 2006 - State of Washington Emergency Management CEMP Guide 2007 3. Agreements King County Regional Disaster Plan - Memorandum of Understanding with the American Red Cross (King & Kitsap Chapters) Memorandum of Understanditig with King County Parks Memorandum of Understanding with the Federal Way Amateur Radio Club Letter of Authorization with Lakehaven Utility District Letter of Authorization with the State of Washington Emergency Management Division C. Situations 1. Hazard Analysis 13 a. The GFW Hazard Vulnerability Analysis (Annex A) provides details on local hazards to include type, effects, impacts, risk, capabilities, and other related data. b. Due to its location and geological features, the GFW community is vulnerable to the damaging affects of certain hazards that include, but are not linzitcd to: Natural. Extreme cold, extreme heat, urban -interface fire, localized- urban ocalizedurban flooding, land shift (earthquake and/or landslide), snow/ice/hail, windstorm, and epidemic/pandemic. Technological. Hazardous materials (fixed facility, transportation), fire/explosion, building/structure collapse, power/utility outage, transportation accident (aircraft, motor vehicle). Civil/Political Disorder. Economic emergency, riot, strike, demonstration/special events, terrorism/sabotage, hostage situation, attack (conventional, nuclear, biological, chemical). D. Assumptions 1. That governmental officials within the GFW community recognize their responsibilities regarding the safety and well being of the public and they will assume their responsibilities when the GFW Comprehensive Emergency Management Plan is implemented. 2. General Conditions When a community experiences a disaster, its surviving citizens fall into three broad categories: a. Those directly affected through personal or family injury or property damage, b. Those indirectly affected by an interruption of the supply of basic needs, and C. Those that are not personally impacted. These guidelines were designed to promote citizen self-confidence and independence in the face of a disaster. Following these guidelines will allow the GFW Emergency Management Program to concentrate first on helping those citizens directly affected by a disaster. 3. It is strongly encouraged that each individual or head of a household develop a family disaster plan and maintain the essential supplies to be self-sufficient for a MINEVWM of 72 hours. 14 4. Businesses are encouraged to develop internal disaster plans that will integrate and be compatible with local government resources and this plan. NOTE: This plan is not intended to limit or restrict initiative, judgment, or independent action required to provide appropriate and effective emergency and disaster mitigation, preparation, response, and recovery. E. Limitations It is the policy of the GFW Emergency Management Program that NO guarantee is implied by this plan. Because local government assets and systems may be damaged, destroyed, or overwhelmed, the GFW Emergency Management Program can only endeavor to make responsible efforts to respond based on the situation, information, and resources available at the time. 2. Adequate funding and staffing is needed to support this plan and its programs. The performance of the assigned tasks and responsibilities will be dependent on appropriations and funding to support the plan. Lack of funding and/or staffing will degrade the services envisioned under this plan. 15 16 RESOLUTION NO. A RESOLUTION of the City Council of the City of Federal Way, Washington, adopting the Greater Federal Way Community Comprehensive Emergency Management Plan. WHEREAS, the City of Council of Federal Way has recognized the need to proactively prepare in the event of an emergency or disaster as shown by funding the regular full time position of Emergency Management Coordinator, by funding a generator at the Federal Way Community Center; and by funding the equipment for an Emergency Operations Center ; and WHEREAS, the City Council of Federal Way are concerned with the health, safety, and well being of the residents of Federal Way and desire that the best possible emergency service be available to them; and WHEREAS, the Washington Revised Code 38.52.070 authorizes and directs each political subdivision to establish a local organization in accordance with the state comprehensive emergency management plan which addresses its planned response to emergency situations; and WHEREAS, the Greater Federal Way Community Comprehensive Emergency Management Plan has been developed with input from local agencies and tested in drills and exercises. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Adoption. The City of Federal Way adopts the Greater Federal Way Community Comprehensive Emergency Management Plan, to include response and recovery plans and procedures for natural, technological and human caused disasters in the City of Federal Way. Section 2. Severability. If any section, sentence, clause or phrase of this resolution should be Resolution No, 09 - 17 Page 1 of 3 Rev 3/09 held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 3. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 5. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of , 2009. ATTEST: CITY CLERK, CAROL MCNEILLY, CMC Resolution No. 09 - CITY OF FEDERAL WAY MAYOR, JACK DOVEY W Page 2 of 3 Rev 3/09 APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Resolution No. 09 - 19 Page 3 of 3 Rev 3/09 I-VUMALI 1VILE I 11NU VAI C : 14/1X 11 LIV1 FT: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ANIMAL, CONTROL POLICY QUESTION Should the City take steps to increase Animal Control in the Ci COMMITTEE: PRHSPSC MEETING DATE: May 12, 2009 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ® Other: Information Only STAFF REPORT BY: Patricia Richardson, City Attorney DEPT: PDlLAW Amy Jo Pearsall, Assistant City Attorney History: Since its creation, the City of Federal Way has passed legislation to help protect its residents from dangerous dogs. In 2007, the City adopted additional legislation that provided regulations to keep residents safe from potentially dangerous dogs. In addition, the City has entered into an interlocal agreement with King County to administer and enforce these regulations. Council has expressed a desire to look at this issue again to determine if additional animal control is feasible at this time. Attachments: Memo from staff regarding current Animal Control services, what other jurisdictions are doing, need for additional animal control services, any other potential complications; Auburn's interlocal agreement with Kine Countv STAFF RECOMMENDATION: N/A — Information Only CITY MANAGER APPROVAL: e?v( DIRECTOR APPROVAL: � — to Committeeto Council to Committee To Council COMMITTEE RECOMMENDATION: N/A — INFORMATION ONLY Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: N/A (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IsT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 02/06/2006 RESOLUTION # 21 22 44k CITY OF Federal way CITY ATTORNEY'S OFFICE MEMORANDUM DATE: MAY 4, 2009 TO: PRHSPS COMMITTEE FROM: PATRICIA A. RICHARDSON, CITY ATTORNEY AMY JO PEARSALL, ASSISTANT CITY ATTORNEY SUBJECT: ANIMAL CONTROL The purpose of this memo is to address the following issues: A. Current Animal Control Measures — Interlocal with King County B. Other Jurisdictions C. Need for Enhanced Animal Control D. Breed Identification DISCUSSION A. Current Animal Control — Interlocal with King County Per an Interlocal Agreement (ILA) with King County entered into in January 1994, King County Animal Control (KCAC) is the animal control authority for the City of Federal Way. Through the Agreement, KCAC has agreed to provide the same level of animal control services that it provides throughout King County in return for collecting licensing fines and fees, as well as, all impound and redemption fees charged against animals. In addition, the City has agreed to adopt code provisions that are substantially identical to those adopted by the County. Currently, the term of the LLA continues to automatically renew from year to year. In Section 1.1 of the IL.A, King County agrees to "Perform consistent with available resources all services relating to licensing and enforcement of City ordinances pertaining to Animal Control as set forth in the City Code." On the face, it appears that King County will enforce whatever ordinance the City should pass. However, in Section 1.2, King County agrees to "Provide the same degree, type, and level of service 23 as is customarily provided to residents of unincorporated King County". Residents of unincorporated King County would only be entitled to enforcement of the King County Code. Later in the ILA, Section 6.4, the parties agreed that"In the event of a dispute between parties as to the extent of the service to be rendered hereunder, or the minimum level or manner of performances of such service, the determination of the Director of the King County Department of Executive Administration shall be the final and conclusive in all respects between parties hereto." As a result, while the provisions of the ILA allow the County to enforce the more stringent regulations of the FWRC, the ILA does not contain an affirmative requirement of the County to enforce the more stringent regulations of the FWRC. B. Other jurisdictions Like Federal Way, many of the area cities contract with their respective counties for animal control services. In addition, much like Federal Way, these area cities are somewhat constrained by their respective counties' requirements that their relevant code sections be similar to the counties. As a result, the majority of cities have behavior -based regulations similar to their counties, using the state statutes as a model for these regulations. Cities such as Seattle, Olympia, Kent, Renton, and Tacoma have all adopted ordinances which follow dangerous dog regulation based upon dog behavior. The City of Seattle Municipal Code even states that the dog's breed Nv ll not be a factor in the designation of dangerous dog. Each of those cities allows dangerous dogs within, the city limits, but subject to stringent registration requirements similar to the state statute. Failure to follow those requirements will subject the dog to confiscation and the owner to criminal penalties. One exception to the majority of cities is Auburn, which has enacted breed specific regulations based upon the studies, reports and information that show which particular breeds of dogs that are among the most aggressive. As a result, the following list contains those dogs that are considered potentially dangerous dogs in the City of Auburn: Akita, Pit bull (including, American Pit B::11, American Staffordshire Bull Terrier, Bull Terrier, Pit Bull Terrier, Staffordshire Bull Terrier or Tosa Inu), Cane Corso, Dogo Argentin, Dogue de Bordeaux, Kuvasz, and Presa Canario. Auburn requires the owner of a potentially dangerous dog to pay a $10U annual registration fee, to have an identifying microchip implanted at the dog owner's expense; and to restrict anyone under the age of 16 -years from walking the dog outside the proper enclosure. C. Need for Enhanced Animal Control Since King County does not have such strict guidelines, Auburn and KCAC entered into a new ILA that provides for the increased level of service required to meet the needs of the enhanced regulations. A copy of the interlocal for enhanced animal control services is attached for your information. In exchange for paying no more than $90,000.00 per year to King County, Auburn receives the services of an additional animal control officer and vehicle dedicated to the city for no less than five 2 24 eight-hour work days per week. Auburn pays an hourly rate for the animal control officer as well as an hourly rate for the vehicle. Auburn is very pleased with the service they have received and has recently renewed its contract with King County for these enhanced services. Cost, as always, is a growing concern, and Auburn is still looking into the possibility of bringing the animal control services in house, because staff is concerned that as the cost of these enhanced services continues to rise, they may not be able to budget for these discretionary services. E. Breed identification A final consideration is the difficulty in detertnitn. -ig the breed of an individual dog. Even experts disagree on the breed of a particular dog. The closest to an objective standard for conclusively identifying a dog's breed would be a combination of pedigree analysis and DNA testing, both of which are time-consuming and expensive. Vet Med Today: Special Report, Breeds of dogs involvc;` irr fatal human attacks in the United States between 1979 and 1998, JAVMA, Vol. 217, No. 6, September 15, 2000. Many municipalities like Kirkland, SeaTac, Everett, and Auburn try to address the issue by including a description of the breed. For example, Auburn names specific breeds, but also includes dogs th a.t are " identifiable of or partially of such breeds or dogs that have an appearance and physical characteristics that are substantially similar to the [breeds] referred to above." It is possible, then that dogs that have the same physical appearance to a breed identified as a potentially dangerous dog could also be considered potentially dangerous. For a breed description to be enforceable, it must also include identifying criteria that could be applied by a common person. Adding these physical feature criteria could subject more dogs than those of the specified breed to being restricted by the ordinance. 25 K:\Memo\2009\Animal Control.doc 4 26 RESOLUTION NO. 4 2 13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF AUBURN AND KING COUNTY FOR ENHANCED ANIMAL CONTROL SERVICES WHEREAS, the City of Auburn entered into an Interlocal Agreement on December 20, 1993, for animal control services; and WHEREAS, the City of Auburn wishes to supplement and enhance the services of that Interlocal Agreement, whereby King County would provide the City with the services of an additional dedicated animal control officer; and WHEREAS, it is in the public interest for the parties to enter into an agreement for those additional services. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, KING COUNTY, WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor of the City of Auburn and the Auburn City Clerk are hereby authorized to execute an Agreement between the City of Auburn and King County enhancing animal control services, which agreement shall be in substantial conformity with the Agreement a copy of which is attached hereto, marked as Exhibit "A" and incorporated herein by this r€farence. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Resolution No. 4213 July 10, 2007 Page 1 of 2 27 Section 3. This Resolution shall be in full force and effect upon passage and signatures hereon. J Dated and Signed this al, �day of , 2007. ATTEST: 4 Da 'elle E_ Daskam, City Clerk APP ED AS TO FORM: �niel B. Heid, i orn Resolution No. 4213 July 10, 2007 Page 2 of 2 CIT,OF RN PETER 13. LEWIS MAYOR 28 EXHIBIT A — RESOLUTION NO. 4213 SUPPLEMENTAL INTERLOCAL SERVICES AGREEMENT Between the City of Auburn and King County Regarding Animal Services and Programs This is a Supplemental Agreement to the existing interlocal Agreement between the City of Auburn and King County. This Agreement is for supplemental animal control services between the City of Auburn, a municipal corporation of the State of Washington, hereinafter referred to as the "City", and King County, a home -rule charter county; a political subdivision of the State of Washington, hereinafter referred to as the "County". WHEREAS, the City and the County hereto for entered into an Interlocal Agreement dated December 20, 1993 ("the interlocal Agreement") relating to the provision of animal control services within the City; and WHEREAS, the City and County wish to Supplement their Interlocal Agreement to enable the County to provide Auburn with additional animal control services under an enhanced services program. NOW, in consideration of mutual covenants, the City and County hereby agree to amend the Interlocal Agreement by supplementing the Interlocal Agreement with the following provisions contained in each section: Section 1. Service Obligation A. The County shall provide supplemental animal control services in the form of an additional animal control officer dedicated to the City for no less than five (5) eight-hour work days per week during the period of this Agreement. These services shall be in addition to the services currently provided to the City by the County through the interlocal agreement. The scheduling of these work days shall be determined by mutual agreement of the contract administrators of this Agreement. B. The additional animal control officer will be stationed within the City limits to respond to specific calls for service, perform routine patrols, communicate with City officials, and';andle other related tasks as agreed to by the contract administrators of this Agreement. C. The animal control officer assigned to the City will issue written warnings and citations at the discretion of the contract administrators of this supplemental service, and shall enforce, throughout the City, State Law and City Ordinances relating to Animal Control Services. D. The County shall provide the City with a general monthly calendar of scheduled service in Auburn, and a monthly report of the types of services offered and performed. 29 E. The County shall submit to the City an invoice and billing voucher at the end of each quarter. During the 4th quarter of each year during the term of this Agreement, a final invoice shall be submitted to the City no later than December 15th of each year. F. The County shall provide the additional animal control officer with a vehicle for the additional animal control officei 'to use at additional expense to the City. Section 2. Compensation. In consideration for the supplemental services provided by the County as set forth herein, the City promises to pay the County as set forth below: A. Hourly rate for the Animal Control Officer is thirty eight dollars and thirty nine cents ($38.39). Overtime rate is fifty seven dollars and fifty eights cents ($57.58) per hour. Holiday rate is seventy six dollars and seventy eight cents ($76.78) per hour plus an additional eight hours of pay at $38.39. B. Hourly rate for a standard vehicle is four dollars and no cents ($4.00). C. The total annual compensation amount to be paid under this Agreement for the Animal Control Offices and vehicle shall not exceed the total of Ninety Thousand Dollars ($90,000.00) per year. Section 3. Contract Administrators. For purposes of these supplemental services, the contract administrators shall be the City's Chief of Police or a designee and the King County Animal Services and Programs Manager or designee. Section 4. Other Portions of the Agreement Unaffected. Except as specifically stated herein, all other portions of the Interlocal Agreement dated December 20, 1993, shall remain in place and are unaffected by this Amendment. Further, except as specifically stated herein, all portions of the Interlocal Agreement shall apply to the sections of this Agreement. Section 5. Discontinuation of Supplemental Services. The County or City may discontinue the provision of supplemental services authorized by this agreement with or without cause upon providing thirty (30) days written notice. Section 6. Effective Date. This Amendment shall be effective upon the date last signed below. 30 Date Mayor the parties have executed this agreement. Attest:At Dani e . Daskam, City Clerk KING COUNTY Ron Sims Date King County Executive Attest: Approved as to form: Deputy Prosecuting Attorney 31 Date 32 COUNCIL MEETING DATE: May l9, 2009 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: INTERLOCAL AGREEMENT DSHS/DDD POLICY QUESTION: Should the Council approve the City entering into an Interlocal Agreement for Individual and Family Services Program to fund recreational programs for individuals with disabilities? COMMITTEE: PRHSPSC MEETING DATE: May 12, 2009 CATEGORY: Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: John Hutton, Recreation Supervisor DEPT: PRCS The City of Federal Way and the Department of Social and Health Services/ Division of Developmental Disabilities (DSHS/DDD) have had an Interlocal Agreement to fund inclusive recreation programs. This agreement provides funding of approximately $5,000.00 yearly, for low income individuals with disabilities to participate in recreation programs. Attachments: Interlocal Agreement with the City and DSHS/DDD. Options Considered: 1. Accept the Interlocal Agreement with the DSHS/DDD and authorize staff to enter into a three year agreement for services. 2. Provide alternate direction to staff. STAFF RECOMMENDATION: Staff recommends Council approval of option 1. CITY MANAGER APPROVAL: dt46— DIRECTOR APPROVAL: ✓� to Committee to Council to Committee To Council COMMITTEE RECOMMENDATION: Approval of option: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to acceptance of the Interlocal Agreement between the C-ily of Federal Wwy and DSHS/DDD for funding inclusive recreation programs and authorize staff to enter into a three year agreement for service. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # _ ❑ DENIED IsT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 02/06/2006 RESOLUTION # 33 DSHS Central Contract Services 1760LP IFS Recreational Opportunities (10-27-08) 34 Page 1 INTERLOCAL AGREEMENT DSHS Agreement Number: w�s,,;,,RR,o„ sm« 0964-60030 7 OE _L taENT H SOCIALbH£AGT F C SERVICES Individual and Family Services Program RECREATIONAL OPPORTUNITIES This Agreement is by and between the State of Washington Department Program Contract Number: of Social and Health Services (DSHS) and the Contractor identified contractor contract Number: below, and is issued pursuant to the Interlocal Cooperation Act, chaster SSPS# 104021 39.34 RCW. CONTRACTOR NAME CONTRACTOR doing business as (DBA) City of Federal Way CONTRACTOR ADDRESS WASHINGTON UNIFORM DSHS INDEX NUMBER BUSINESS IDENTIFIER (UBI) PO Box 9718 _ 70364 Federal Way, WA 98063-9718 CONTRACTOR CONTACT CONTRACTOR TELEPHONE CONTRACTOR FAX CONTRACTOR E-MAIL ADDRESS Kevin Hutchinson 253) 835-6927 Ext: - DSHS ADMINISTRATION DSHS DIVISION DSHS CONTRACT CODE Aging and Disability Services Division of Developmental Disabilities 1760LP-64 Administration DSHS CONTACT NAME AND TITLE DSHS CONTACT ADDRESS Linda Sheehan 1700 E Cherry St - DDD Contracts Manager Seattle, WA 98122 DSHS CONTACT TELEPHONE DSHS CONTACT FAX DSHS CONTACT E-MAIL ADDRESS 206) 568-5685 Ext: 206 720-7334 sheehlw@dshs.wa.gov IS THE CONTRACTOR A SUBRECIPIENT FOR PURPOSES OF THIS CONTRACT? CF 57 NUMBER(S) No AGREEMENT START DATE AGREEMENT END DATE MAXIMUM AGREEMENT AMOUNT 3/25/2009 12129/2012 Fee For Service EXHIBITS. The following Exhibits are attached and are incorporated into this Agreement by reference: ❑ Exhibits (specify): ® No Exhibits. The teems and conditions of this .Agreement are art iritegr ,6 and r6,presentaiion ofthe final; entire and-eXetusive Understanding between the parties superseding and .mot gtng all previ©us agmemedts, writings, and commun -atrons, oral or otherwise regarding the subject matter of #his Agreement, between the ii;rttes The parties signlnt� betzw re,.present they have read and understand this Agreement, andhave thew#ric�ty€y to exlrctlte this Agreement. Thts`Agrearterit•shall be binding on<OSHS o nly upon si nature'b ,DSHS. CONTRACTOR SIGNATURE PRINTED NAME AND TITLE DATE SIGNED HS SIGNATURE r PRINTED NAME AND TITLE DATE SIGNED John Cordy, Business Manager,DDD DSHS Central Contract Services 1760LP IFS Recreational Opportunities (10-27-08) 34 Page 1 DSHS General Terms and Conditions 1. Definitions. The words and phrases listed below, as used in this Contract, shall each have the following definitions: a. "Central Contract Services" means the DSHS central headquarters contracting office, or successor section or office. b. "Confidential Information" means information that is exempt from disclosure to the public or other unauthorized persons under RCW 42.56 or other federal or state laws. Confidential Information includes, but is not limited to, Personal Information. c. "Contract" or "Agreement" means the entire written agreement between DSHS and the Contractor, including any Exhibits, documents, or materials incorporated by reference. d. "Contracts Administrator" means the manager, or successor, of Central Contract Services or successor section or office. e. "Contractor" means the individual or entity performing services pursuant to this Contract and includes the Contractor's owners, members, officers, directors, partners, employees, and/or agents, unless otherwise stated in this Contract. For purposes of any permitted Subcontract, "Contractor" includes any Subcontractor and its owners, members, officers, directors, partners, employees, and/or agents. f. "Debarment" means an action taken by a Federal agency or official to exclude a person or business entity from participating in transactions involving certain federal funds. g. "DSHS" or the "Department" means the state of Washington Department of Social and Heaiih Services and its employees and authorized agents. h. "Hardened Password" means a string of at least eight characters containing at least one alphabetic character, at least one number and at least one special character such as an asterisk, ampersand or exclamation point. i. "Personal Information" means information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, Social Security Numbers, driver license numbers, other identifying numbers, and any financial identifiers. j. "Physically Secure" means that access is restricted through physical means to authorized individuals only. k. "Program Agreement' means an agreement between the Contractor and DSHS containing special terms and conditions, including a statement of work to be performed by the Contractor and payment to be made by DSHS. 1. "RCW" means the Revised Code of Washington. All references in this Contract to RCW:chapters or sections shall include any successor, amended, or replacement statute. Pertinent RCW chapters can be accessed at http://apps.leg.wa.gov/rcw/. m. "Regulation" means any federal, state, or local regulation, rule, or ordinance. n. "Secured Area" means an area to which only authorized representatives of the entity possessing DSHS Central Contract Services 3 5 1760LP IFS Recreational Opportunities (10-27-08) Page 2 DSHS General Terms and Conditions the Confidential Information have access. Secured Areas may include buildings, rooms or locked st:,rage containers (such as a filing cabinet) within a room, as long as access to the Confidential Information is not available to unauthorized personnel. o. "Subcontract" means any separate agreement or contract between the Contractor and an individual or entity ("Subcontractor") to perform all or a portion of the duties and obligations that the Contractor is obligated to perform pursuant to this Contract. p. "Tracking" means a record keeping system that identifies when the sender begins delivery of Confidential Information to the authorized and intended recipient, and when the sender receives confirmation of delivery from the authorized and intended recipient of Confidential Information. q. "Transport" means the movement of Confidential Information from one entity to another, or within an entity, that (1) places the Confidential Information outside of a Secured Area or system (such as a local area network) and (2) is accomplished other than via a Trusted System. "Trusted Systems" include only the following methods of physical delivery: (1) hand -delivery by a person authorized to have access to the Confidential Information with written acknowledgement of receipt; (2) United States Postal Service ("USPS") first class mail and also delivery services that include Tracking, such as Certified Mail;=Express Mail or Registered Mail (3) commercial delivery services (e.g:`FedEx, UPS, DHL) which offer tracking and receipt confirmation; and (4) the Washington State Campus mail system. The Washington State Governmental Network (SGN) is the sole electronic Trusted System. Any other delivery method will not be deemed a Trusted System. s. "Unique User 1D" means a string of characters that identifies a specific user and which, in conjunction with a`password, passphrase or 'ofher mechanism, authenticates a user to an information system. t. "WAC" means the Washington Administrative Code. All references in this Contract to WAC chapters or sectionsshall include any successor, amended, or replacement regulation. Pertinent WAC chapters or sections can be accessed at http://apps.leg.wa.gov/wac/. 2. Amendment. This Contract may only be modified by a written amendment signed by both parties. Only personnel authorized to bind each of the parties may sign an amendment. 3. Assignment. The Contractor shall not assign this Contractor any Program Agreement to a third party without the prior written consent of DSHS. 4. Billing Limitations. a. DSHS shall pay the Contractor only for authorizeu services provided in accordance with this Contract. b. DSHS shall not pay any claims for payment for services submitted more than twelve (12) months after the calendar month in which the services were performed. c. The Contractor shall not bill and DSHS shall not pay for services performed under this Contract, if the Contractor has charged or will charge another agency of the state of Washington or any other party for the same services. 5. Compliance with Applicable Law. At all times during the term of this Contract, the Contractor shall DSHS Central Contract Services 36 1760LP IFS Recreational Opportunities (10-27-08) Page 3 DSHS General Terms and Conditions comply with all applicable federal, state, and local laws and regulations, including but not limited to, nondiscrimination laws and regulations. 6. Confidentiality. a. The Contractor shall not use, publish, transfer, sell or otherwise disclose any Confidential Information gained by reason of this Contract for any purpose that is not directly connected with Contractor's performance of the services contemplated hereunder, except: (1) as provided by law; or, (2) in the case of Personal Information, with the prior written consent of the person to whom the Personal Information pertains. b. The Contractor shall protect and maintain all Confidential Information gained by reason of this Contract against unauthorized use, access, disclosure, modification or loss. This duty requires the Contractor to employ reasonable security measures, which include restricting access to the Confidential Information by: (1) Limiting access to staff that have an authorized business requirement to view the Confidential Information (2) Physically Securing any computers, documents or other media containing the Confidential Information; and (3) Encrypting ajl Confidential Information that is stored on portable devices including but not limited to laptop computers and flash memory devices. (4) Following the requirements of the DSHS Data Security Requirements Exhibit, if attached to this contract. c. Upon request by DSHS or at the end of the Contract term, the Contractor shall return the Confidential Information or certify in writing that the Contractor employed a DSHS approved method to destroy the information. Contractor may obtain information regarding approved destruction methods from the DSHS contact identified on the cover page of this Contract. d. Paper documents with sensitive or confidential data may be recycled through a contracted firm provided the contract with the recycler specifies that the confidentiality of data will be protected and the data destroyed through the recycling process. Paper documents containing confidential information requiring special handling (e.g. protected health information) must be destroyed on-site through shredding, pulping, or incineration. e. Notification of Compromise or Potential Compromise. The compromise or potential compromise of DSHS shared data must be reported to the DSHS Contact designated on the contract within one (1) business day of discovery. Contractor must also take actions to mitigate the risk of loss and comply with any notification or other requirements imposed by law. 7. Debarment Certification. The Contractor, by signature to this Contract, certifies that the Contractor is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from participating in transactions (Debarred). The Contractor also agrees to include the above requirement in any and all Subcontracts into which it enters. The Contractor shall immediately notify DSHS if, during the term of this Contract, Contractor becomes DSHS Central Contract Services 1760LP IFS Recreational Opportunities (10-27-08) 37 Page 4 DSHS General Terms and Conditions Debarred. DSHS may immediately terminate this Contract by providing Contractor written notice if Contractor becomes Debarred during the term hereof. 8. Governing Law and Venue. This Contract shall be construed and interpreted in accordance with the laws of the state of Washington and the venue of any action brought hereunder shall be in Superior Court for Thurston County. 9. Independent Contractor. The parties intend that an independent contractor relationship will be created by this Contract. The Contractor and his or her employees or agents performing under this Contract are not employees or agents of the Department. The Contractor, his or her employees, or agents performing under this Contract will not hold himself/herse!f out as, nor claim to be, an officer or employee of the Department by reason hereof, nor will the Contractor, his or her employees, or agent make any claim of right, privilege or benefit that would accrue to such officer or employee. 10. Inspection. The Contractor shall, at no cost, provide DSHS and the Office of the State Auditor with reasonable access to Contractor's place of uusiness, Contractor's records, and DSHS client records, wherever located. These inspection rights are intended to allow DSHS and the Office of the State Auditor to monitor, audit, and evaluate the Contractor's performance and compliance with applicable laws, regulations, and these Contract terms. These inspection rights shall survive for six (6) years following this Contract's termination or expiration. 11. Maintenance of Records. The Contractor shall maintain records relating to this Contract and the performance of the services described herein."The records include, but are not limited to, accounting procedures and practices, which sufficiently and properly reflect all direct and indirect "costs of any nature expended in the performance of this Contract. All records and other material relevant to this Contract shall be retained for six (6) years after expiration or termination of this Contract: Without agreeing that litigation or claims are legally authorized, if any litigation, claim, or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 12. Order of Precedence. In the event of any inconsistency or conflict between the General Terms and Conditions and the Special Terms and Conditions of this Contract or any Program Agreement, the inconsistency or conflict shall be resolved by giving precedence to these General Terms and Conditions. Terms or conditions that are more restrictive, specific, or particular than those contained in the General Terms and Conditions shall not be construed as being inconsistent or in conflict. 13. Severability. If any term or condition of this Contract is held invalid by any court, the remainder of the Contract remains valid and in full force and effect. 14. Survivability. The terms and conditions contained in this Contract or any Program Agreement which, by their sense and context, are intended to survive the expiration or termination of the particular agreement shall survive. Surviving terms include, but are not limited to: Billing Limitations; Confidentiality, Disputes; Indemnification and Hold Harmless, Inspection, Maintenance of Records, Notice of Overpayment, Ownership of Material, Termination for Default, Termination Procedure, and Treatment of Property. 15. Termination Due to Change in Funding. If the funds DSHS relied upon to establish this Contract or Program Agreement are withdrawn, reduced or limited, or if additional or modified conditions are placed on such funding, DSHS may immediately terminate this Contract by providing written notice to the Contractor. The termination shall be effective on the date specified in the termination notice. DSHS Central Contract Services 38 1760LP IFS Recreational Opportunities (10-27-05) Page 5 DSHS General Terms and Conditions 16. Waiver. Waiver of any breach or default on any occasion shall not be deemed to be a waiver of any subsequent breach or default. Any waiver shall not be construed to be a modification of the terms and conditions of this Contract. Only the DSHS Chief Administrative Officer or designee has the authority to waive any term or condition of this Contract on behalf of DSHS. Additional General Terms and Conditions — Interlocal Agreements: 17. Disputes. Disputes shall be determined by a Dispute Board. Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, Agreement terms, and applicable statutes and rules and make a determination of the dispute. As an alternative to this process, either party may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process shall control. Participation in either dispute process shall precede any judicial or quasi-judicial action and shall be the final administrative remedy available to the parties. 18. Hold Harmless. a. The Contractor shall be responsible for and shall hold DSHS harmless from all claims, loss, liability, damages, or fines arising out of or relating to the Contractor's, or any Subcontractor's, performance or failure to perform this Agreement, or the acts or omissions of the Contractor or any Subcontractor. DSHS shall be responsible for and shall hold the Contractor harmless from all claims, loss, liability, damages, or fines arising out of or relating to DSHS' performance or failure to perform this Agreement. b. The Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend, and hold harmless the State and its agencies, officials, agents, or employees. 19. Ownership of Material. Material created by the Contractor and paid for by DSHS as a part of this Contract shall be owned by DSHS and shall be "work made for hire" as defined by Title 17 USCA, Section 101. This material includes, but is not limited to: books; computer programs; documents; films; pamphlets; reports; sound reproductions; studies; surveys; tapes; and/or training materials. Material which the Contractor uses to perform the Contract but is not created for or paid for by DSHS is owned by the Contractor and is not "work made for hire"; however, DSHS shall have a perpetual license to use this material for DSHS internal purposes at no charge to DSHS, provided that such license shall be limited to the extent which the Contractor has a right to grant such a license. 20. Subreoipients. a. General. If the Contractor is a subrecipient of federal awards as defined by Office of Management and Budget (OMB) Circular A-133 and this Agreement, the Contractor shall: (1) Maintain records that identify, in its accounts, all federal awards received and expended and the federal programs under which they were received, by Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, name of the federal agency, and name of the pass-through entity; (2) Maintain internal controls that provide reasonable assurance that the Contractor is managing federal awards in compliance with laws, regulations, and provisions of contracts or grant DSHS Central Contract Services 17601P IFS Recreational opportunities (10-27-08) 39 Page 6 DSHS General Terms and Conditions agreements that could have a material effect on each of its federal programs; (3) Prepare appropriate financial statements, including a schedule of expenditures of federal awards; (4) Incorporate OMB Circular A-133 audit requirements into all agreements between the Contractor and its Subcontractors who are subrecipients; (5) Comply with any future amendments to OMB Circular A-133 and any successor or replacement Circular or regulation; (6) Complv with the applicable requirements of OMB Circular A-87 and any future amendments to OMB Circular P"%-87, and any successor or replacement Circular or regulation; and (7) Comply with the Omnibus Crime Control and Safe streets Act of 1968, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act of 1990, Title IX of the Education Amendments of 1972, The Age Discrimination Act of 1975, and The Department of Justice Non -Discrimination Regulations, 28 C.F.R. Part 42, Subparts C.D.E. and G, and 28 C.F.R. Part 35 and 39. (Go to www.oip.usdoi.gov/ocr/ for additional information and access to the aforementioned Federal laws and regulations.) b. Single Audit Act Compliance. If the Contractor is a subrecipient and expends $500,000 or more in federal awards from any and/or all sources in any fiscal year, the Contractor shall procure and pay for a'single audit or a program -specific audit for that fiscal year. Upon completion of each audit, the Contractor shall: (1) .Submit to the DSHS contact person the data collection form and reporting package specified in OMB Circular A-133, reports required by the program -specific audit guide (if applicable), and a copy of any management letters issued by the auditor; (2) Follow-up and develop corrective action for all audit findings; in accordance with OMB Circular A-133, prepare a "Summary Schedule of Prior Audit Findings." c. Overpayments. If it is determined by DSHS, or during the course of a required audit, that the Contractor has been paid unallowable costs under this or any Program Agreement, DSHS may require the Contractor to reimburse DSHS in accordance with OMB Circular A-87. 21. Termination. a. Default. If for any cause, either party fails to fulfill its obligations under this Agreement in a timely and proper manner, or if either party violates any of the terms and conditions contained in this Agreement, then the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given 15 working days to correct the violation or failure. If the failure or violation is not corrected, this Agreement may be terminated immediately by written notice from the aggrieved party to the other party. b. Convenience. Either party may terminate this Interlocal Agreement for any other reason by providing 30 calendar days' written notice to the other party. c. Payment for Performance. If this Interlocal Agreement is terminated for any reason, DSHS shall only pay for performance rendered or costs incurred in accordance with the terms of this Agreement and prior to the effective date of termination. DSHS Central Contract Services 40 1760LP IFS Recreational Opportunities (10-27-08) Page 7 DSHS General Terms and Conditions 22. Treatment of Client Property. Unless otherwise provided, the Contractor shall ensure that any adult client receiving services from the Contractor has unrestricted access to the client's. personal property. The Contractor shall not interfere with any adult client's ownership, possession, or use of the client's property. The Contractor shall provide clients under age eighteen (18) with reasonable access to their personal property that is appropriate to the client's age, development, and needs. Upon termination of the Contract, the Contractor shall immediately release to the client and/or the client's guardian or custodar� all of the client's personal property. DSHS Central Contract Services 1760LP IFS Recreational Opportunities (10-27-08) 41 Page 8 1. Definitions Specific to Special Terms. The words and phrases listed below, as used in this Contract, shall each have the following definitions: a. "Client" means an individual who is approved to receive DDD services. b. "DDD" means the DSHS Division of Developmental Disabilities. c. "Individual Support Plan" or "ISP" is a document that authorizes the DDD paid services to meet a client's needs identified in the DDD assessment for whom the Contractor is authorized to provide services. d. "Individual and Family Services" or "IFS" means services to benefit a DDD client and/or the Family, including but not limited to: Recreational Opportunit1es, Excess Medical Costs, Co - Pays for Medical and Therapeutic Services, Therapy Services, Specialized Nutrition, Parent/sibling education, Specialized Clothing, Equipment/Supplies, Architectural/vehicular modifications, Training and Transportation. e. "Primary Caregivers" is the formal or informal c-aregiver who provides the most support. f. "Protective Supervision" means supervision to ensure the safety and well being of a client, exclusive of those responsibilities, which should be assumed by a legal guardian. g. "Recreation opportunities" mean activities that may be available to children and adults with developmental disabilities in their communities such as camps, YMCA activities, or day trips, etc. h. "SSPS" means the Social Service Payment System. -2. ` `P6tpose: -The purpose" of this- Oontract'is to' provide recreational opportunities per WAC 388-832 that may be available to children and adults with a developmental disability such as summer camps, YMCA activities, day trips or typical activities available in your community. Recreational opportunities may include memberships in civic groups, clubs, crafting classes, or classes outside of K-12 school curriculum or sport activities. 3. Qualifications. a. The Contractor shall be licensed, registered, and certified as is required by law. b. The Contractor agrees to undergo a criminal history background check conducted by DSHS, as required by RCW 43.20A.710. If the Contractor has employees or volunteers who will have unsupervised access to Clients in the course of performing the work under this Contract, the Contractor will conduct criminal history background checks on those employees. 4. Statement of Work. The Contractor shall provide the services and staff, and otherwise do all things necessary for or incidental to the performance of work, as set forth below: a. Upon receipt of and in accordance with the provisions of a written service authorization form issued by DSHS the Contractor shall: (1) Provide physical assistance, support and supervision to the client in daily routine activities and to prevent injury to him or herself and to others; DSHS Central Contract Services 42 1760LP IFS Recreational Opportunities (10-27-08) Page 9 (2) Obtain information about the client's essential care requirements from the parent(s) or primary caregiver(s) and ensure that the client's needs are met while providing services; (3) Contact the client's parent or primary caregiver(s) if the Contractor has not heard from them within seven (7) days of the Contractor's receipt of the service authorization to make arrangements for specific dates and times of care; (4) Make arrangement with the primary provider of assistance for emergency medical treatment should this become a necessity at some future time; (5) Provide protective supervision for the client at all times the Contractor is engaged in providing services; (6) Inform the parent(s) or primary caregiver(s) of any unusual incidents (as defined above) that occur while providing services; (7) Maintain copies of all Social Sei vice Payment System (SSPS) authorizations to provide services; b. In addition to the above, the contractor may also provide as authorized the following: (1) Provide the client transportation to and from community resources and recreational activity. (2) Provide written progress reports as requested by a DDD Case Resource Manager or per other DDD procedures. c. Complete and maintain copies of the work verification records for all services provided. These records shall be kept on file by the Contractor for the duration of this Contract and thereafter for a period of 6 years and will be available to DSHS upon request for purposes of audit, monitoring and/or service verification. d. The Contractor shall provide care that assists, in a safe manner, client participation. (1) Understand specific directions for providing the care that an individual client requires; (2) Provide services within the scope of practice for their profession/skill level; (3) Observe the client for change in health status, including weakness, confusion, and loss of appetite; (4) Identify problem situations and take appropriate action; (5) Respond to emergencies without direct supervision; and (6) Accept the client's individual differences and preferences when performing routine tasks. e. DDD clients and their families shall not be requested or required to sign, in any form, a release of liability waiver for any services provided. f. The Contractor shall ensure that they or their care providers possess the following minimum qualifications: DSHS Central Contract Services 176OLP IFS Recreational Opportunities (10-27-08) 43 Page 10 (a) Be eighteen (18) years of age or older; (b) Possess the following minimum standards of knowledge and experience: (i) General knowledge of acceptable standards of performance, including the necessity to perform dependably, report punctually, maintain flexibility, and to demonstrate kindliness and caring to the client; and (ii) Knowledge of when and how to contact the client's representative and the client's case manager. (c) Adequate skills to read, either directly or through an interpreter, understand, and implement the service's authorized plan; (d) Adequate communication skills to convey and understand, either directly or through an interpreter, information required to implement the client's written service plan and verbal instructions; and (e) Adequate skills to maintain provider records of services performed and payments received. g. The Contractor shall ensure that the care providers are able to: (1) Understand specific directions for providing the care that an individual client requires; (2) Provide services within the scope of practice for their profession/skill level-, (3) Observe the client for change in health status, including weakness, confusion, and loss of appetite;,. (4) Identify problem situations and>take appropriate action; (5) Respond to emergencies without direct supervision; and (6) Accept the client's individual differences and preferences when performing routine tasks. h. Cooperate with DSHS in the evaluation of their performance under the terms of this Contract including the following: (1) Follow-up contact with clients and their families, regarding their satisfaction with the services provided; (2) Investigation and documentation of all complaints about the service provided; and (3) Periodic monitoring of service documentation records and of billing and payment data on SSPS. 5. Consideration. Total consideration payable to Contractor for satisfactory performance of the work under this Contract shall be based on the following: Recreational Opportunities will be reimbursed at the Contractor's published fee for services provided. A copy of the Contractor's Published Service and Fee Schedule can be located at the following web site: ; if applicable. A printed copy of the Contractor's Published DSHS Central Contract Services 44 1760LP IFS Recreational Opportunities (10-27-08) Page 11 Service and Fee Schedule shall be maintained in the Contractor's Contract file for each year services are provided by this Contract. 6. Billing and Payment. a. DSHS shall issue invoices generated by SSPS to the Contractor. b. The Contractor shall indicate on each invoice received from DSHS whether the services were delivered. C. The Contractor shall submit the invoices for payment as directed on the invoice or by using Invoice Express. d. The Contractor shall contact the DSHS staff who authorized the services if there is any problem with the SSPS invoice. e. DSHS shall use the completed SSPS invoice to generate payment to the Contractor. f. DSHS shall not pay the Contractor for cancelled or missed appointments, nor for scheduled hours of service when clients are not seen or served by the Contractor. g. DSHS will only reimburse the Contractor for authorized services provided to clients in accordance with this Contract's Statement of Work and the client's IFS Plan. If DSHS pays the Contractor for any other services, the amount paid shall be considered an overpayment and must be returned to the Department. h. If DSHS pays the Contractor for services authorized but not provided by the Contractor the amount paid shall be -Considered to be an overpayment. L If this Contract is terminated for any reason, DSHS shall pay for only those services authorized and provided through the date of termination. 7. Duty to Report Suspected Abuse. In addition to the preceding Services, the Contractor shall report, in accordance with state law, all instances of suspected Client abuse immediately to the Department at the current state abuse hotline (1-800-562-6078). 8. Duty to Report Unusual Incidents. The Contractor shall submit written information of any unusual incident to the DDD Resource Manager or the DSHS contact listed on page 1 of this Contract within seventy-two (72) hours. 9. Duty to Report Death of Clients. The Contractor shall report all deaths of DSHS clients receiving services from the Contractor within twenty-four (24) hours to the DDD Resource Manager or the DSHS contact listed on page 1 of this contract. 10. Drug Free Workplace. The Contractor, and the Contractor's employees and sub -contractors, shall abstain from the use of alcohol and illegal drugs in the workplace and in the performance of their duties.. DSHS Central Contract Services 1760LP IFS Recreational Opportunities (10-27-08) 45 Page 12 11. Insurance. a. DSHS certifies that it is self-insured under the State's self-insurance liability program, as provided by RCW 4.92.130, and shall pay for losses for which it is found liable. b. The Contractor certifies, by checking the appropriate box below, initialing to the left of the box selected, and signing this Agreement, that: ❑ The Contractor is self-insured or insured through a risk pool and shaii pay for losses for which it is found liable: or ❑ The Contractor maintains the types and amounts of insurance identified below and shall, prior to the execution of this Agreement by DSHS, provide certificates of insurance to that effect to the DSHS contact on page one of this Agreement. Commercial General Liability Insurance (CGL) — to include coverage for bodily injury, property damage, and contractual liability, with the following minimum limits: Each Occurrence - $1,000,000; General Aggregate $2,000,000. The policy shall include liability arising out of premises, operations,' independent contractors, products -completed operations, personal injury, advertising injury, and liability assumed under an insured contract. The State of Washington, DSHS, its elected and appoint -d officiais; agents, and employees shall be named as additional insureds. DSHS Central Contract Services 46 1760LP IFS Recreational Opportunities (10-27-08) Page 13 COUNCIL MEETING DATE: May 19`h, 2009 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: An Amendment to the Red light Photo Enforcement Ordinance Clarifying the Penalty. POLICY QUESTION: SHOULD THE CITY AMEND THE RED LIGHT PHOTO ENFORCEMENT ORDINANCE TO CLARIFY THE PENALTY? COMMITTEE: PARKS RECREATION & PUBLIC SAFETY MEETING DATE: May 12`h, 2009 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: AARON WALLS, DEPUTY CITY ATTORNEY DEPT: Law See attached staff report. Attachments: Staff report, Ordinance. Options Considered: 1. Recommend approval of the Ordinance and forward to the full Council on May 19", 2009. 2. Modify the proposed Ordinance and forward to the full council for first reading. 3. Do not apTprove the proposed Ordinance. _ STAFF RECOMMENDATION: Approve Option 1. CITY MANAGER APPROVAL: DIRECTOR APPROVAL: ttee Council Committee Council COMMITTEE RECOMMENDATION: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to forward the ordinance to a second reading for enactment on the May 19`h, 2009 consent agenda ". 47 (BELOW 10 BE COMPLETED BY CITYCLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # 47 4011k�L CIT '0';:ttt:;P Federal Way STAFF REPORT DATE: MAY 12TH, 2009 TO: PARKS, RECREATION, HUMAN SERVICES & POLICE COMMITTEE FROM: AARON WALLS, DEPUTY CITY ATTORNEY SUBJECT: CLARIFYING THE PENALTY FOR PHOTO ENFORCEMENT INFRACTIONS. In 2005 the City passed an ordinance authorizing the use of automated traffic safety cameras, or photo enforcement, to detect stop light or red light violations as well as school zone violations. The ordinance did not explicitly set the monetary penalty for infractions issued through this system. Consistent with other cities Federal Way has used the penalty amount that was set for infractions detected without a camera. The state statute that authorizes the photo enforcement system is unique. It allows cities to use cameras to detect infractions. Once detected those infractions are issued after review by a police officer just as if the officer had personally witnessed the infraction. The state statute provides that infractions detected this was are subject to some special procedures and sets some limits on the penalty, but it does not say if the infractions are subject to a special monetary penalty. The practice of the City of Federal Way and most other cities is to use the same penalty as if the infraction was detected normally. Currently the penalty used is $124. The Federal Way Municipal Court has expressed some concern that there is no specific designation of the amount of penalty and has instituted a temporary court rule explicitly setting the penalty at $124. Some cities have either explicitly set the penalty in their ordinance, such as Auburn and Vancouver, or some have explicitly stated that the penalty is the same as the infraction when issued without a camera, such as Seattle. Some cities, like us, have not included an explicit penalty and use the penalty for the underlying infraction, such as Renton. To alleviate any potential concerns and as a more permanent solution than the temporary court rule, staff proposes at this time to amend the ordinance to explicitly state that the penalty is the same as the infraction when issued without a camera, consistent with our current practice and the apparent intent of the statute. In doing so the proposal also includes limitations on that penalty that are required by state law. This method clarifies how the penalty is determined and will allow the ordinance to remain consistent with state law over time. C:\Documents and Settings\rnaryj\Local Settings\Temporary Internet Files\ C 8ntent_Oudook\A4TXQQMO\Redhght staff report.doc ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to automated traffic cameras; amending FWRC 8.05.090. (Amending Ordinance No. 05-508) WHEREAS, the City has previously authorized the use of automated traffic safety cameras pursuant to state law; and WHEREAS, the City wishes to clarify that the penalty for violations detected through the use of an automated traffic safety camera should be the same a-, the standard penalty; and rules. WHEREAS, such penalties are consistent with state law, current practice, and current court NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. FWRC 8.05.090 shall be amended to read as follows: 8.05.090 Authority for local use of automated safety cameras. (1) Automated traffic safety cameras may be used to detect stoplight or school speed zone violations. This section is intended to provide authorizing language as required under RCW 46.63.170. (2) Use of automated traffic safety cameras is restricted to two -arterial intersections and school speed zones only. (3) Automated traffic safety cameras may only take pictures of the vehicle and vehicle license plate and only while an infraction is occurring. The picture must not reveal the face of the driver or of passengers in the vehicle. (4) All locations where an automated traffic safety camera is used must be clearly marked by placing signs in locations that clearly indicate to a driver that he or she is entering a zone where traffic laws are enforced by an automated traffic safety camera. (5) For the purpose of this section, "automated traffic safety camera " means a device that uscs a vehicle sensor installed to work in conjunction with an intersection traffic control system or a speed measuring device, and a camera synchronized to automatically record one or more sequenced photographs, microphotographs, or electronic images of the rear of a motor vehicle at the time the vehicle fails to stop when facing a steady red traffic control signal or exceeds a speed limit in a school zone as detected by a speed measuring device. Ordinance Aro. 09 - 49 Page I of 3 Rev 3/09 (6) Nothing in this section prohibits a law enforcement officer from issuing a notice of traffic infraction to a person in control of a vehicle at the time a violation occurs under RCW 46.63.030(1)(a), (b), or (c). (7) This section shall be applied as prescribed by RCW 46.63.170. (8) Violations detected through the use of an automated traffic safety camera shall be issued with a monetary penalty equal to the same total penalty issued for such violations if detected by an officer without the use of an automated traffic safety camera, including the base penalty plus any statutory assessments authorized under state law, as set by the state supreme court, statute, or other court rule. However, i« no case shall such penalties be issued in an amount that exceeds the amount of a fine that may be issued for a infraction involving a parking violation and shall be processed in the same manner as a parking infraction. (Ord. No. 05-508, § 7, 11-1-05. Code 2001 § 15-14.) Section 2. 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 any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 5. Effective Date. This ordinance shall take effect and be in force thirty (30) days Ordinance No.09- 50 Page 2 of 3 Rev 3/09 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, JACK DOVEY ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance Mo. 09 - 51 Page 3 of 3 Rev 3/09 52 COUNCIL MEETING DATE: May 19, 2009 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: A Measured Expansion of the Red -Light Photo Enforcement Program. POLICY QUESTION: Should the City expand the current red-light photo enforcement program, by adding new cameras, including new speed cameras in designated school zones. COMMITTEE: Parks, Recreation, Human Services and Public Safety MEETING DATE: May 12, 2009 Council Committee - (PRHS&PS) CATEGORY: 0 Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: STAN MCCALL, COMMANDER DEPT: Police Department Attachments: 1. PRHS&PS Staff Memo Options Considered: 1. Expand the current Red -Light Photo Enforcement Program by adding three new red-light cameras and three speed cameras in designated School Zones. 2. Continue with the existing four -camera Red -Light Photo system. STAFF RECOMMENDATION: #1 Expand our four -camera system to a ten -camera systemy�� CITY MANAGER APPROVAL: � DIRECTOR APPROVAL: Committee Council Committee Council COMMITTEE RECOMMENDATION. PRPS recommends Option Conuluttee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move that the City proceed with the recommended expansion plan of our current Red -Light Photo Enforcement Program, by adding three new red-light cameras at specified locations and three speed cameras in designated School Zones. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IsT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ NIOVED TO SECOND READING (ordinances only) ORDINANCE # REVIS ED - 02,,06/2006 RESOLUTION # 53 54 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: May 12, 2009 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA- Neal J. Beets, City Manager FROM: Brian J. Wilson, Chief of Police SUBJECT: Red -Light Photo Enforcement Program — Status & Recommended Expansion Background (Summary of the Program) Intersection safety is a priority for the Police Department and through Red Light Photo Enforcement, (RLPE), municipalities can now use available technology to focus on citizen compliance with traffic control devices at intersections. Staff invested more than a year researching the advantages and disadvantages of RLPE Programs. Research was also conducted into the public's perception, and acceptance of, red light traffic cameras and the potential vendors available to provide this type of traffic safety technology. In February 2007, staff recommended to the City Council that the City enter into a one-year Red Light Photo Enforcement `pilot' Program. Council agreed with staff's recommendation to proceed with a program under Seattle's contract with American Traffic Solutions (ATS) and the City entered into negotiations with ATS in December of 2007. The Federal Way Municipal Court also entered into a partnership with ATS to perform specific administrative functions for photo enforcement proceedings. Specific procedures were established to help define the partnerships and to outline the various responsibilities for this pilot program. Two target intersections were identified, (320th & Pacific Highway South and 348th and Enchanted Parkway), where red light violations were occurring. Research was conducted to install the necessary camera equipment and the City Council authorized a one (1) year pilot program of RLPE, which began near the end of August, 2008. We are confident that the contract with ATS is appropriate and the fees included are reasonable. Our current program is 100 percent violator funded. There is a local service team for maintenance and repair with responsive technical support. Fees and reported revenues — to date: (Data provided by ATS1 October '08 -f $23,074.42 p $44,189.00 k"x $21,114.58 November `08 $19,477.00 $78,520.00 _ $59,043.00 December `08 $19,628.50 $98,431.00 _ $78,802.50 Janua `09 $19,637.50 $93,203.50 $73,566.00 Februa `09 $19,564.00 $81,427.00 $61,863.00 March `09 $19,703.50 $97,204.35 $77,500.85 Revolving Totals $121,084.92 $492,974.85 $371.889.93 *Average net revenue/month= $61,981.65 1 55 Recommendations: The available data suggests that our RLPE is achieving the desired voluntary compliance we anticipated and also supports our recommendation to move forward with a measured expansion of the existing RLPE Program. Upon completion of a new VIMS study, by ATS, we recommend expanding our existing Red - Light Photo Enforcement Program in the following way: -Add three(3) new Red -Light Photo cameras — two(2) new cameras at the 320`h & Pacific Hwy S. intersection covering the north and south approaches, based upon VIMS data; and one(1) new camera at 312th & Pacific Hwy S., bringing the total number of red-light photo cameras to seven(7). ' We also recommend adding three (3) new Automated Photo Speed Enforcement (APSE) cameras in following selected School Zone areas: -SW 320`h at Twin Lakes Elementary; -215` Ave. South of SW Campus Drive; -15` Ave. at Panther Lake Elementary; The three (3) new APSE, `speed' cameras at these selected school zone locations are based upon our internal violation statistics. APSE cameras will provide diversification to our technology enforcement initiatives and will free up Traffic officers for other critical emphasis and enforcement operations in the City. Automated Photo Speed Enforcement (APSE) Cameras How do APSE Cameras work, in contrast to Red -Light Photo cameras? Red-light and Automated (fixed -site) Photo Speed camera systems use the same core technology and hardware. Both systems use high-resolution, digital color photography. The AxsisTM Fixed - Site Speed Camera system is designed for a high level of accuracy. For a vehicle moving at 60 miles per hour, the system is accurate to less than f 1 mph. The system's speed detection technology either is synchronized with flashing school zone lights or set on a timer to ensure violations are captured during school hours, as allowed by law. How it Works 1. A speeding vehicle crosses sensors embedded in the pavement just before entering the school enforcement zone. 2. If a vehicle meets or exceeds the speed criteria established by the city, the system camera captures a first image. 3. Based on a fixed distance calculation, the system camera captures a second confirmation image. 4. With each image, the system records relevant violation data such as the location, date, time (in tenths of seconds), speed, and posted speed. 5. The system also records a 12 -second video clip of each violation. 6. Trained Federal Way Police Officers, who authorize issuance of citations, would review and compare the images, data, and video to confirm the speed violation. Automated Photo Speed Enforcement (APSE) is just one of many tools law enforcement has to influence driver behavior and reduce vehicle speed. Photo radar systems 2 56 typically operate on set speed thresholds, (e.g., 11 mph or more over the posted speed limit), only capturing images of motor vehicles moving at or above the established threshold. When a violation occurs, the system captures speed data, as well as images of the motor vehicle at the time of the violation. Citations are then issued through the mail to the registered owner of the vehicle after a review of the vehicle and registration information is completed. Photo enforcement technology does not replace traditional methods of traffic enforcement. Rather, it serves as a supplement to traditional traffic enforcement techniques, in addition to educational and engineering efforts designed to enhance traffic safety. The Police Department will continue to measure and evaluate the effectiveness of the red-light photo enforcement program with regard to safety, traffic flow and citizen compliance with traffic control devices and will provide Quarterly status reports along with any recommendations. costs: Installation of new RLPE and APSE camera equipment will require renewed coordination with Public Works for design review and permit approvals. The additional equipment required for this recommended expansion can be installed using red-light photo revenue. The monthly fee for an APSE camera is the same as for an RLPE camera. The fee for 10 camera systems, recommended in this expansion plan, is estimated to be approximately $49,000 per month. Our current average net revenue is approximately $61,900 per month. Management of this program continues to require commissioned officer time to review and approve or reject each captured/recorded violation. Currently, the four red-light cameras in operation at the two intersections demand 50-60 hours per month of officer time'. This recommended expansion of our Photo Enforcement Program is anticipated to at least double the required staff time to manage. The estimated program management time (with 10 cameras) will be 100 to 120 hours per month. We recommend setting aside sufficient red-light photo revenue to off -set this increased operational cost in overtime dollars each month. Other alternate intersections will be continuously evaluated for violation data and camera placement in the future, particularly along the Pacific Highway South corridor where a significant number of traffic collisions occur. 1 -According to ATS, our Traffic Officers spent the following amount of time viewing & approving red-light violations: During the `warning period' — (08125-09/24) = 125.52 hours. During the 4th Quarter- (Oct, Nov, Dec) = 169.90 hrs. (56.6 hours of on -duty time per month) - 3 57 58 SUBJECT: King County Regional 800 MHZ Radio System — Inadequate Radio Coverage POLICY QUESTION: INFORMATION ONLY -NO POLICY QUESTION COMMITTEE: Parks, Recreation, Human Services and Public Safety MEETING DATE: May 12, 2009 Council Comnuttee CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ® Other STAFF REPORT BY: Deputy Chief Andy J. Hwang DEPT: Police Department Attachments: 1. PRHS&PS Staff Report Options Considered: 1. Continue to work with King County government to repair the low radio signal. STAFF RECOMMENDATION: Information Only CITY MANAGER APPROVAL: DIRECTOR APPROVAL: 44`111" tttee IeLtKcd Contnuttee Council i COMMITTEE RECOMMENDATION: PRPS recommends Option Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: N/A (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL ❑ DENIED IST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading U MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 02/06/2006 RESOLUTION # 59 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: May 12, 2009 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Neal J. Beets, City Manager FROM: Brian J. Wilson, Chief of Police SUBJECT: King County Regional 800 MHZ Radio System — Inadequate Radio Coverage Backaround This report is to update the Council on the on-going effort by city staff to enhance the radio coverage in Federal Way. For several years, the Police Department has experienced poor radio reception, with the primary geographical location being the Westside of the City to include Decatur High School where a SRO Officer is assigned on a full-time basis. In 2005, the Police Department began working with King County government and other stakeholders to find an acceptable solution to the problem. For many years, we were informed that the Regional 800 MHZ Radio System is working as designed and no feasible options existed to fix the problem. In 2007, a critical incident occurred at the Decatur High School, raising serious officer safety concerns when an officer could not broadcast for assistance. This incident required a second officer being assigned at the school. This prompted numerous meetings with King County and others to identify potential solutions. In 2008, King County acknowledged that inadequate radio signal strength existed, in portions of Federal Way, to support the level of communication necessary for police and fire personnel. It was also pointed out that the problem may be exacerbated by lack of mobile and portable radio maintenance causing performance degradation. The City of Federal Way and King County recognize that there is a mutual interest in finding a workable solution to this problem which we have dealt with for many years. The following has been accomplished to mitigate the issue: In May 2008, Sprint/Nextel installed a Bi -Directional Amplifier (BDA) at Decatur High School. The 800 MHZ radio system worked sufficiently throughout the school to release the second officer. 1 60 • In January 2009, King County recognized the need to build a radio tower in Federal Way wi-d is seeking $6 million funding for the project to mitigate poor radio coverage. This is subject to funding, and potential funds include: grants, federal earmarks, stake owner groups and County government. This project is currently going through the King County budget process and due diligence will be made to secure the funding. • In April 2009, King County and the City agreed to perform preventative maintenance Pilot Testing of 10 vehicle mobile radios and portable radios — to seek peak performance of tl:c equipment. If the process enhances the deficiencies, both jurisdictions have agreed to a 50:150 cost share for the project, limiting City's portion to $35,020. The work is scheduled to be performed within the next month. Since embarking on this project, several steps have been taken to improve operation of the radio system We are hopeful that the Preventative Maintenance will enhance the operation of the equipment to temporarily assist the officers in the field until a new radio tower is built in Federal Way. Additional updates will be provided to Council on the on-going effort to address this problem. 2 61 62 SUBJECT: FEDERAL WAY SOCCER i.SSOCIATION DONATION POLICY QUESTION Should the City accept a donation of $35 000 from the Federal Way Soccer Association COMMITTEE: PRHSPS MEETING DATE: May 12, 2009 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other: STAFF REPORT BY: Stephen Ikerd, Interim PRCS Director DEPT: PRCS History: The City recently upgraded the soccer field at Saghalie Park from an all weather dirt field to an artificial turf field. The overall project has been well received; however there were insufficient funds to install a 20' high fence at both ends of the field, so the north end was installed only (behind the goals). The Federal Way Soccer Association has offered to donate funds for improvements to include but not limited to; increasing the height of a 150' section of fence on the south end of the field from 4' to 20'. The Federal Way Soccer Association has signed an agreement to donate $35,000 to be used for related soccer improvements within the Cities Sports complexes. The south end fence upgrade will cost approx $14,000, leaving a balance of $21,000 for additional improvements throughout the system. Options Considered: 1. Accept the donation. 2. Do not accept the donation. Attachments: STAFF RECOMMENDATION: Staff recommends Council accept the donation of $35,000 from Federal Way Soccer Association and authorize staff to use these funds for related soccer field improvements throughout the City. CITY MANAGER APPROVAL: 4?!!A DIRECTOR APPROVAL: �. to Committee to Council to Comnuttee To Council COMMITTEE RECOMMENDATION: T Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval to accept the donation of $35, 000 from Federal Way Soccer Association and authorize staff to use these funds for related soccer field improvements throughout the City. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION. ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # _ REVISED — 02/06/2006 RESOLUTION # 63 64 AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND THE FEDERAL WAY SOCCER ASSOCIATION FOR SAGHALIE PARK SOCCER FIELD IMPROVEMENT This Agreement is made and entered into this day of , 2Q , and is entered into by and between the City of Federal Way, a Washington municipal corporation ("City"), and the Federal Way Soccer Association, a nonprofit, tax exempt corporation, (the "Association"). The City and the Association shall collectively be referred to as the "Parties". WHEREAS, the Parties have expressed their desire to participate in a project to improve the Saghalie Park Soccer Field, (the "Project'), WHEREAS, the City Council has authorized the sum of Eight Hundred Forty One Thousand Three Hundred Fifty Eight and 37/100 Dollars ($841,358.37) for the Project, and WHEREAS, the Association has committed the sum of Thirty Five Thousand and No/ 100 Dollars ($35,000.00) for the Project, and WHEREAS, the Parties have successfully applied and received grant_ funds from the Washington Wildlife and Recreation Program, Outdoor Recreation Account, in the amount of Three Hundred Thousand and No/100 Dollars ($300,000.00) for the Project, and NOW, THEREFORE, the parties agree to the following terms and conditions: I. CITY OF FEDERAL WAY RESPONSIBILITIES 1. Contribute Three Hundred Thousand and No/100 Dollars ($300,000.00) for the Project. 2. Administer the bidding process and any contracts necessary for the Project. 3. Saghalie Park will remain the property of the City. The City will continue to be responsible for the scheduling and maintenance of the property, including the Soccer field. The City will coordinate the scheduling of the fields for City events/programs, and used by the Federal Way Soccer Association. II. FEDERAL WAY YOUTH SOCCER ASSOCIATION RESPONSIBILITIES 1. Contribute Thirty Five Thousand and No/100 Dollars ($35,000.00) for the Project. 2. The Association will be scheduled Monday, Wednesday and Friday between the hours of 4:00 P.M. to 8:00 P.M. Tuesday and Thursday 4:00 P.M. to 9:00 P.M. and Saturday and Sunday between 8:00 A.M. and 8:00 P.M. 3. All unused time will be returned to the City for its scheduling. 65 - 1 - III. FIELD CONSIDERATIONS 1. The field lining system will ensure that the pronounced (emphasized) lines are those associated with a regulation -sized soccer field. Each individual executing this Agreement on behalf of the Parties represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the entity he/she represents. DATED the effective date set forth above. ATTEST: CITY OF FEDERAL WAY By: Cary M. Roe, P. E. Assistant City Manager/Chief Operating Officer Emergency Manager 33325 8t' Ave S PO BOX 9718 Federal Way, WA 98063-9718 APPROVED AS TO FORM: City Clerk, Carol McNeilly, CMC City Attorney, Patricia A. Richardson 66 I THE FEDERAL WAY SOCCER ASSOCIATION George Pfeiffer, Director of Fields STATE OF WASHINGTON ) ) ss. COUNTY OF On this day personally appeared before me George Pfeiffer, to me known to be the Director of Fields of the Federal Way Soccer Association that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of , 200 . (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires 67 - 3 - m