AG 09-250 - SOUND TRANSITDATE 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
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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.
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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