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AG 09-250DATE 1N: DATE OUT: TO: CITY OF FEDERAL WAY LAW DEPARTMENT REQUEST FOR CONTRACT PREPARATION/DOCUMENT REVIEW/SIGNATURE ROUTING SLIP ORIGINATING DEPT./DIV: FEnExai, WaY Po�cE DEPax�MENT ORIGINATING STAFF PERSON LYNETTEALLEN EXT: 6701 3. DATE REQ. BY: A5AP 4. TYPE OF DOCUMENT REQLTESTED (CHECK ONE) X PROFESSIONAL SERVICE AGREEMENT MAINTENANCE/LABORAGREEMENT PUBLIC WORKS CONTRACT SMALL PUBLIC WORKS CONTRACT �.ass �rxa�rr $zoo,000� PURCHASE AGREEMENT> �a�utu,s, s�rsas REAL ESTATE DOCUMENT SECURITYDOCUMENT(B.G.aax��T� PERF/MAIN BOND; ASSICH IMSNT OF FUNDS IN LISU OP BOND) CONTRACTOR SELECTION DOCUMENT (E.G,RFB,RFP,RF� CONTRACT AMENDMENT AG#: o CDBG Y�OTHER 5. PROJECTNAME• MOU for Policing Enhancements at the Federal Wav TYansit Center 6. NAME OF CONTRACTOR: T�.YI� ADDRESS: TELEPHONE SIGNATURE NAME: TITLE 7. ATTACH ALL EXHIBITS AND CHECK BOXES SCOPE OF SERVICES ALL EXHIBITS REFERENCED IN DOCUMENT INSURANCE CERTIFICATE DOCUMENT AUTHORIZING SIGNATURE 8. TERM: COMMENCEMENT DATE: UNI{NOR'N AT THIS TIME COMPLETION DATE: urolv 30 naY wtuT�v NoTTCE 9. TOTAL COMPENSATION N/A (it�rcLUnE ��vsES at�rD s�s T� IF ANY� (IF CALCULATED ON HOURLY LABOR CHARGE ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: YES NO IF YES, MA?�MUM DOLLAR AMOUNT: IS SALES TAX OWED ❑YES NO IF YES, PAID BY: CONTRACTOR CITY 1 O. CONTRACT REVIEW o PROJECT MANAGER DIRECTOR RISK MANAGEMENT LAW 11. CONTRACT SIGNATURE ROUTING LAW DEPARTMENT CITY MANAGER CITY CLERK 1�( SIGN COPY BACK TO ORGINATING DEPT l�t, ASSIGNED AG# CYT 7�� I1�TITIALlDATE APPROVED w......�� 0 7 N���' INITIAL/DATE APPROVED INITIAUDATE APPROVED INITIAL/DATE APPROVED PURCHASING: PLEASE CHARGE TO: t�1(�t- CONIl�IENTS 10/09/02 T SouNUTRaNS►r December 18, 2009 Chief Andy Hwang Federal Way Police Depariment 33325 8th Avenue South P.O. Box 9718 Federal Way WA 98063-9718 Deaz Cluef Hwang: Enclosed please find for your records a fully executed Memorandum of Understanding between Sound Transit, the City of Federal Way and King County. Sincerely, ���u Chief Ron Griffin Sound Transit Police :J1VI Enclosure Central Puget Sound Regional Transit Authority Union Station 401 5. Jackson St., Seattle, WA 98104-2826 Reception: (206) 398-5000 FAX: (206) 398-5499 www.soundtrensit.org II�TITIAL DRAFT 30 Oct 2009 (Prepazed by ST) MEMORANDUM OF UNDERSTANDING FOR POLICING ENHANCEMENTS AT THE FEDERAL WAY TRANSIT CENTER This MEMORANDUM OF LTNDERSTANDING ("MOU"), dated this �g�day of November, 2009, is made by and between Sound Transit, the City of Federal Way ("Federal Way"), and King County, collectively the "Parties." RECITALS A. Federal Way, through the Federal Way Police Deparhnent, has primary territorial jurisdiction and is responsible for general law enforcement within Federal Way city limits. B. The King County Sheriffs Office is separately the contract law enforcement agency for both Sound Transit and King County Metro. The purpose of the Sound Transit Police ("STP") and King County Metro Transit Police ("MTP") is to provide enhanced police services to the Sound Transit and Metro Transit systems and facilities focusing on customer safety and quality of life issues. This enhanced service is meant to be above and beyond the normal level offered by the respective police agency with primary territorial jurisdiction. C. Nothing in this MOU is intended to reduce or eliminate FWPD's responsibility to police the Federal Way Transit Center (the "Transit Center") and respond to dispatched transit related calls for service withiri the city limits whether or not the STP or MTP personnel are available at the Transit Center. D. The parties recognize the immediate concerns regarding violent criminal activity at the Transit Center and desire to maintain order and create a safe environment for transit customers and Federal Way citizens. E. The parties desire to set forth their respective roles and obligations in the policing of the Transit Center. NOW, THEREFORE, in consideration of the assurances and covenants herein, it is mutually agreed as follows: Section 1. Puraose and Scoae of A�reement 1.1 The purpose of this MOU is to define temporary enhanced police services to be provided by STP and MTP at the Transit Center in a manner consistent with the Washington Mutual Aid Peace Officers Powers Act (RCW 10.93 et seq.). I1�iITIAL DRAFT 30 Oct 2009 (Prepared by ST) Section 2. Resuonsibilities 2.1 Sound Transit. With respect to operational functions at the Transit Center: 2.1.1 ST will continue to staff 1 private Securitas guard at the Transit Center 24 hours each day 7 days per week. 2.1.2 ST will make available the platform security office to be used as a substation by law enforcement officers 2.1.3 ST will work collaboratively with FWPD in determining appropriate police signage to be posted at the Transit Center. 2.2 Sound Transit Police. With respect to policing of the Transit Center: 2.2.1 STP will provide coverage with a single officer in a fixed post position at the FWTC during non-holiday weekdays (Monday Friday) from 2 p.m. 12 a.m. STP may change its hours of coverage if done so in writing at least 21 days in advance of any change. 2.2.1.1 STP will provide coverage as described in 2.1.1 on weekday holidays on which bus service operates on a normal weekday service schedule. For weekday holidays on which bus service operates on a weekend, holiday, or other reduced service schedule, STP will provide a roving patrol the same as Sundays, and FWPD will have primary responsibility to police the FWTC. 2.2.2 STP will provide the enhanced coverage until November 2, 2010, subject to periodic evaluations for effectiveness and necessity. 2.2.3 STP will deploy either high visibility or plain clothes emphasis patrols. 2.2.4 STP officers will complete associated paper work for criminal activity observed by STP officers. Felony crimes against persons will be referred to FWPD for right of first refusal. 2.2.5 STP officers will notify FWPD when they are required to leave the transit center for prisoner transports or lunch breaks. When STP officers are not present at the Transit Center, FWPD will have oversight responsibilities. 2.2.6 STP agrees to maintain and share with FWPD and MTP a monthly summary recap of law enforcement activities performed at the FWTC. 2.3 Metro Transit Police. With respect to policing of the Transit Center: 2.3.1 MTP will conduct increased intermittent and random patrols of the Transit Center. 2 IrTITIAL DRAFT 30 Oct 2009 (Prepared by ST) 2.3.2 MTP will schedule and coordinate 1-2 major emphasis patrols at the Transit Center each month during the next 6 months including bus routes utilizing the center. 2.3.3 MTP agrees to maintain and share with FWPD and STP a monthly summary recap of law enforcement activities performed at the FWTC. 2.4 Federal Wav Police Department. With respect to policing of the Transit Center: 2.4.1 As the agency with primary territorial jurisdiction, FWPD has primary responsibility for policing activities at the Transit Center. 2.4.2 FWPD will provide appropriate law enforcement coverage at the Transit Center during all hours outside of the scope specifically covered by STP, including weekends and during periods when STP officers are on breaks or conducting prisoner transports. 2.4.3 FWPD will provide a dedicated FWPD portable radio with extra battery and charger to be stored at the Transit Center for the use of STP officers. 2.4.4 FWPD will a11ow STP officers working at the Transit Center to come into service on the Federal Way Police main frequency and provide ixnmediate assistance to STP as requested. 2.4.5 FWPD will pick-up and transport all subjects arrested at the Transit Center on Federal Way warrants. 2.4.6 FWPD agrees to maintain and share with STP and MTP a monthly suxnmary recap of law enforcement activities performed at the FWTC. Section 3. Designated Representatives 3.1 Each party will identify, in Exhibit A to this MOU, a Designated Representa.tive, who will work together to implement this MOU. The Designated Representatives are responsible for ensuring the completion of the MOU's objectives and coordinating their respective staff. The parties may change Designated Representatives and their contact information in Exhibit A. Section 4. Costs 4.1 Each party will bear its own costs associated with performing the requirements of this MOU. lI�1ITIAL DRAFT 30 Oct 2009 (Prepared by ST) Section 5. Performance Monitorin� and Reaorting 8.1 The Parties shall communicate at least every month and as necessary to discuss the status of the tasks and services to be performed and to resolve any issues or disputes related to the successful performance of this MOU. Section 6: Liabilitv for Exercise of Authoritv: Suaervisorv Control Over Peace Officers; Privile�es and Immunities Aaalicable; General Authoritv of Peace Officer 6.1 To the maximum extent allowed by law, liability for exercise of authority will be consistent with RCW 10.93.040, supervisory control over peace officers will be consistent with RCW 10.93.050, privileges and immunities will be consistent with RCW 10.93.060, and the general authority of STP and MTP police officers at the Transit Center will be consistent with RCW 10.93.070. Section 7. Insurance and Indemnification 7.1 Insurance. Each party must maintain insurance and self-insurance in amounts and type customarily maintained for the risks assumed under this MOU. 7.2 Indemnification. To the extent permitted by law, the Parties to this MOU shall protect, defend, indemnify, and save harmless the other Party, and its officers, officials, employees, and agents, while acting within the scope of their empioyment, from any and all costs, claims, demands, judgments, darnages, or liability of any kind including injuries to persons or damages to property, which arise out of, or in any way result from, or aze connected to, or are due to any acts or omissions of the indemnifying Party. No Party sha11 be required to indemnify, defend, or save harmless the other Party if the claim, suit, or action for injuries, death, or damages is caused by the sole negligence of the Party seeking indemnification. Where such claims, suits, or actions result from concurrent negligence of the Parties, the indemnity provisions provided herein shall be valid and enforceable only to the extent of the Party's own negligence. Each Party agrees that its obligations under this indemnification section extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or agents. For this purpose, each Party, by mutual negotiation, hereby waives, with respect to the other Party only, any immunity that would otherwise be available against such claims under the industrial insurance provisions of Title 51 RCW. In the event of any claims, demands, actions and lawsuits, the indemnifying Party upon prompt notice from the other Party sha11 assume a11 costs of defense thereof, including legal fees incurred by the other parties, and of all resulting judgments that may be obtained against the other Party. This indemnification sha11 survive the termination of this MOU. 4 II�tITIAL DRAFT 30 Oct 2009 (Prepared by ST) Section 8. General Le�al Provisions 8.1 Governing Law and Venue. This MOU shall be governed by the laws of the State of Washington. Any action arising out of this MOU sha11 be brought in King County Superior Court. 8.2 No Emplovment Relationship Created. The Parties agree that nothing in this MOU shall be construed to create an employment relationship between the City and any employee, agent, representative or contractor of Sound Transit. 8.3 No A�ency. No separate entity is created by this MOU. No joint venture or partnership is formed as a result of this MOU. No employees, agents or subcontractors of one party shall be deemed, or represent themselves to be, employees of the other party. 8.4 No Third Part� ts. It is understood and agreed that this MOU is solely for the benefit of the Parties hereto and gives no right to any other party. Nothing in this MOU, whether express or implied, is intended to confer any rights or remedies under or by reason of this MOU on any persons other than the Parties. 8.5 Severabilitv. If any of the terms and conditions of this MOU is determined to be invalid or unenforceable by a court of competent jurisdiction, the remaining terms and conditions unaffected thereby sha11 remain in full force and effect. 8.6 Notices. All notices to be provided under this MOU sha11 be in writing and shall be hand-delivered or sent by US Mail to the Designated Representatives, and sha11 be deemed received upon delivery or, in the case of notice sent by mail, three (3) business days after deposit in the US Mail. 8.7 Entire Agreement. This MOU embodies the Parties entire agreement on the matters covered by it, except as supplemented by subsequent amendments to this MOU. All prior negotiations and draft written agreements are merged into and superseded by this MOU. 8.8 Duration of A�reement. This MOU shall be in place until November 2, 2010. 8.9 EfFective Date. This MOU is effective when all Parties sign it, after authorization by each Party's respective governing body. 8.10 Amendments. The parties may amend this MOU or enter subsequent agreements, as desired, with the appropriate authorization of the governing body of each Party. 8.11 Execution of MOU. This MOU shall be executed in three counterparts, any one of which will be regarded for all purposes as one original. I1�TITIAL DRAFT 30 Oct 2009 (Prepazed by ST) Section 9. Dispute Resolution 9.1 The Parties, through their Designated Representatives, will work collaboratively to resolve disagreements arising from activities performed under this MOU. Disagreements will be resolved promptly and at the lowest level of hierarchy. No legal action will be permitted unless the Designated Representatives have attempted to resolve the dispute and are unsuccessful. Section 10. Termination 10.1 This Agreement may be terminated by any party upon thirry days written notice. IN WIT'NESS WHEREOF, the parties hereto hereby agree to the terms and conditions of this Memorandum of Agreement as of the date first written above. Fo Central Puget Sound Regional For City of Federal Way ra sit Autho �2 s�.� ../,�/�.,s Ron Tober, Deputy CEO ilson, Acting City Manager ���i Ap roved as to Form: City Attorney 0 DATE For Co ty Metro Jim J bs Deputy General Manager Approved as to Form: (2.;�,.a„i Lega1 Counsel �Z-l(�-0� DATE 6 I1�TITIAL DRAFT 30 Oct 2009 (Prepazed by ST) EXHIBITA Desi�nated Reuresentatives SOUND TRANSIT: SGT. KEVIN JOHANNES CITY OF FEDERAL WAY: COMMANDER CHRIS NORMAN HING COUNTY METRO: CAPT. LISA MULLIGAN