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PRHSPSC PKT 11-09-2010 City of Federal Way City Council Parks, Recreation, Human Services & Public Safety Committee November 9, 2010 City Hall. 5:30 p.m. Hylebos Conference Room MEETING AGENDA 1. CALL TO ORDER 2. PUBLIC COMMENT (3 minutes) 3. COMMISSION COMMENTS 4. COMMITTEE BUSINESS Action Council Topic Title /Description Presenter Page or Info Date A. Approval of Minutes: October 10, 2010 3 Action N/A B. Community Center Pool Chemical. Vendor Contract Feldman 5 Action Consent 11/16/10 C. Playground Replacement— Dashpoint Highlands Park & Lake Grove Ikerd 17 Action Consent Park 11/16/10 D. Park Donation and Memorial. Program Ikerd 27 Action Consent 11/16/10 Services Agreement for the Commons at Federal Way Police Hwang 35 Action Consent E. Services 11/16/10 Accept COPS GRANT that was submitted for application June 16, Hwang 43 Action Consent F. 2010, in order to fund four (4) police officer positions for a period 11/16/10 of three years Consent G. 2010FY Ballistic Vest Partnership Grant Hwang 51 Action 11/16/10 H. Amendment to the Interlocal. Agreement between Enumclaw and Consent Federal Way for the Housing of Inmates in the Enumclaw Jail Hwang 55 Action 11/16/10 Consent I. Secure Our Schools (SOS) Grant Program. Award Hwang " 65 Action 11/16/10 J. Washington Traffic Safety Commission (WTSC) Grant for Hwang 69 Information N/A 2010/ 5. PENDING ITEMS • Festivals • NLC Providing Discount Pharmacy Services to Citizens • Concept of Housing in South King County 6. NEXT MEETING: Tuesday, December 14, 2010 5:30pm — Hylebos Conference Room 7. ADJOURNMENT Committee Members City Staff Jeanne Burbidge, Chair Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management Roger Freeman Mary Jaenicke, Administrative Assistant H Mike Park 1 City of Federal Way City Council PARKS, RECREATION, HUMAN SERV ICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, October 12, 2010 5:30 p.m. SUMMARY Committee Members in Attendance: Committee Chair Jeanne Burbidge, and Councilmember Michael Park Committee Members Excused: Councilmember Roger Freeman Councilmember's in Attendance: Mayor Linda Kochmar Staff Members in Attendance: Brian Wilson, City Manager /Police Chief, Amy Jo Pearsall, City Attorney, Andy Hwang Assistant Chief of Police, Cary Roe, Director of Parks, Public Works & Emergency Management, Lt. Stan McCall, Commander Chris Norman, Cathy Schrock, Civilian Operations Manager, and Mary Jaenicke, Administrative Assistant II. Guest: Dan Goede, Volunteer with the Federal Way Police Department. Chair Burbidge called the meeting to order at 5:33p.m. Public Comment: None Commission Comments: None APPROVAL OF SUMMARY Councilmember Park moved to approve the September meeting summary. Councilmember Burbidge seconded. Motion passed. BUSINESS ITEMS Interlocal Agreement between the County of Chelan, WA and the City Of Federal Way for the Housing of Inmates in the Chelan County Jail Lt. Stan McCall. They are proposing to enter into a contract with Chelan County Jail. This agreement would replace the Interlocal Agreement that they currently have with Yakima County. Yakima County will be increasing their rates from $75.00 per day to $110.00 per day. The average daily population of Federal Way inmates in the Yakima county jail is 45. The fee for Federal Inmates in the Chelan County Jail will be $70.00 per day. Councilmember Park moved to forward the Interlocal Cooperative Agreement Between the City Of Federal Way and Chelan County for the housing of inmates in the Chelan County regional Jail, to the October 19, 2010 Consent Agenda for approval. Councilmember Burbidge seconded. Motion passed. Creation of a team of Police Department volunteers to recover and return shopping carts to local businesses Information Only Commander Chris Norman stated that the Company that provided the service of picking up abandoned shopping carts closed down in August. A meeting with volunteers from the Police Department was held. Police Volunteer Dan Goede agreed to pilot the program. The program has been operating since mid - September. So far the feedback from the local businesses has been very positive. A tip line has been created, and they are working with the Law Department to develop a Civil Infraction. Funding for the program is being absorbed through existing budgets. Second line vehicles are being used. The budget impacts are fuel cost, vehicle maintenance and safety gear. Commander Norman stated that Mr. Goode has been very instrumental in getting the program started. The committee expressed their appreciation to Mr. Goede for his hard work. Mr. Roe stated that Mr. Goede has been an invaluable asset and resource in Emergency Management. Chair Burbidge would like the volunteers to keep tabulation on which stores the carts are corning from, and where they are being left. Purchase three new Honda Police Motorcycles to replace four expired lease Harley- Davidson Motorcycles using Replacement Reserve money allocated for these vehicle replacements Commander Chris Norman stated the leases for the Harley Davidson motorcycles will expire in December. They are unable to renew the leases because Harley- Davidson is no longer running a leasing program. Earlier in the 3 • PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday October 12, 2010 Summary Page 2 year the Federal Way Police Department purchased three Honda motorcycles. They have been using these motorcycles since July 4, 2010. The maintenance cost and time off the road has dropped dramatically. Councilmember Park moved to forward this purchase request for three additional Honda motorcycles, to the October 19, 2010 Council meeting, consent agenda, for approval. Councilmember Burbidge seconded. Motion passed. Program Fund Acceptance — Fiscal Year (FY) 2010 Edward Byrne Memorial Justice Grant (JAG) Information only Civilian Operations Manager Cathy Schrock reported that the City Of Federal Way was awarded $48,000 for the year 2010. $10,000 from the grant will go to the Police Department to purchase a scissor lift for the Property Evidence Room, and $38,000 will be awarded to the Municipal Court to support technology at the new SCORE Facility. No matching funds are required for the grant. Target Donation for Federal Way Police Crime Prevention Section Information Only Civilian Operations Manager Cathy Schrock reported that the City of Federal Way Police Department was awarded $1,000 from the Target Corporation. The award will go towards a general crime prevention campaign. Other Mayor Kochmar inquired about a memorial for Officer Brian Walsh. Assistant Chief of Police Andy Hwang answered that shadow boxes have been purchased, and there will be a dedication for Officer Walsh and Officer Maher. Mayor Kochmar stated that she does not want to lose site of the Federal Way Festival days, and she would like to start discussions early next year. Councilmember Park stated that he has stilt not received the information that he has requested in regards to the Dumas Bay Centre Marketing Plan. Parks, Public Works & Emergency Management Director Roe stated that he would follow up with staff. NEXT MEETING November 9, 2010 5:30 p.m. in the Hylebos Conference Room ADJOURNMENT Meeting adjourned at 6:02 p.m. 4 COUNCIL MEETING DATE: November 16, 2010 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: COMMUNITY CENTER POOL CHEMICAL VENDOR CONTRACT POLICY QUESTION: Should the Council approve the Community Center Pool Chemical Goods and Services Agreement? COMMITTEE: PRHSPS MEETING DATE: November 9, 2010 CATEGORY: Consent ❑ Ordinance ❑ Public Hearing • ❑ City Council Business ❑ Resolution n Other STAFF REPORT BY: CRAIG FELDMAN, Community Center Aquatics Coordinator. DEPT: PROS In order to ensure the safety of the patrons using the aquatics components at the Federal Way Community Center, it is necessary to feed chemicals, to disinfect and balance the water, into the various bodies of water. Chemicals are administered through an automated delivery system Orca Pacific submitted the lowest per unit quote for the needed chemicals from the three quotes received. This quote includes delivery, technical support and parts for automated chemical delivery systems. If 2011 attendance numbers remain consistent or even slightly higher through 2011 then the total compensation for this agreement will be need to be $42,000.00, (Forty Two Thousand Dollars) based on the quote received from ORCA Pacific. Attachments: Staff Report, Proposed Agreement Options Considered: 1. Recommend approval of the 2011 Community Center Pool Chemical Goods and Services Agreement with ORCA Pacific Inc., and authorize the City Manager to execute the agreement.. 2. Reject the 2011 Community Center Pool Chemical Goods and Services Agreement, and provide direction to staff. STAFF RECOMMENDATION: Staff recommends approval of Option 1. CITY MANAGER APPROVAL: 1.4 o ts.. 0 0 / 01 I 10 DIRECTOR APPROVAL: "41 #\ to Cornrnittee to Council to Committee To Council COMMITTEE RECOMMENDATION: I move to forward the 2011 Community Center Pool Chemical Goods and Services Agreement with ORCA Pacific, Inc., to the November 16, 2010 City Council Consent Agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of an agreement with ORCA Pacific Inc. for supply and delivery of Pool Chemicals at the Federal Way Community Center covering January 1, 2011 through December 31, 2011 and authorize the City Manager to execute the agreement. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVE COUNCIL BILL # ❑ DENIED t' reading ❑ TABLED /DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # 5 CITY OF Federal Way PARKS, RECREATION AND CULTURAL SERVICES CITY COUNCIL COMMITTEE STAFF REPORT DATE: November 9, 2010 TO: Parks, Recreation, Human Services & Public Safety Committee FROM: Craig Feldman, Aquatics Coordinator VIA: Brian Wilson, City Manager /Police Chief • SUBJECT: Pool Chemical Quotes Quotes were submitted from three vendors. The quote provided is a per unit cost and staff anticipate amount needed based on previous year's chemical use, anticipated attendance and expected price increase for chemicals. The cost of items per unit is as follows: Orca Pacific: Liquid Chlorine - 55 gallon carboy $119.85 Buffered Muriatic Acid - 15 gallon carboy - $69.05 Buffered Muriatic Acid - 1 gallon bottles $6.60 Sodium Bicarbonate - 50 Ib bag $19.95 Calcium Chloride - 50 Ib bag $22.95 Dry Chlorine 100 Ib bucket $205.57 Freight - Shipping No charge Aqua Quip: Liquid Chlorine - 15 gallon Carboy $62.10 Muriatic Acid -15 gallon Carboy $104.89 Buffered Muriatic Acid - 1 gallon bottles $8.97 Sodium Bicarbonate — 50 Ib bag $62.10 Calcium Chloride — 50 Ib bag $62.10 Dry Chlorine - 25 Ib bucket $116.99 Freight - Shipping No charge The Watermill: Liquid Chlorine — 50 gallon carboy $140.95 Muriatic Acid — 15 gallon carboy $62.95 Muriatic Acid - 1 gallon bottles $7.48 Sodium Bicarbonate — 50 Ib bag $35.95 Calcium Chloride — 50 Ib bag $38.95 Dry Chlorine 100 Ib bucket $265.00 Freight - Shipping No charge 6 CITY OF l: TY HALL 33325 Sth Aveme South - PO Box 9118 ....,,,,.., Federal Way Federal Way, WA Sat (253; 835-7000 i91 :m,: cas ,-,n GOODS AND SERVICES AGREEMENT FOR COMMUNITY CENTER POOL CHEMICALS This Goods and Services Agreement ( "Agreement ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and ORCA Pacific, Inc, a Washington corporation ( "Contractor "). The City and Contractor (together "Parties ") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: ORCA PACIFIC, INC. CITY OF FEDERAL WAY: Aaron Kimura Craig Feldman 280 44 Street NW 33325 8 Ave. S. Auburn, WA. 98001 P.O. Box 9718 Federal Way, WA 98063 -9718 (253) 867 -0303 (telephone) s (253) 835 -6945 (telephone) (253) 867 -5695 (facsimile) (253) 835 -6939 (facsimile) aaron @opacific. com craig. feldman @cityoffederalway. com The Parties agree as follows: i 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Work, but in any event no later than December 31, 2011 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Contractor. 2. WORK. 2.1 Work. The Contractor shall provide goods, materials or services and otherwise perform the work more specifically described in Exhibit "A ", attached hereto and incorporated by this reference ("Work"), performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the City Manager or his or her designee. 2.2 Warranties. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Work and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. The Contractor warrants it will provide services in a manner consistent with the accepted practices for other similar services within the Puget Sound region in effect at the time those services are performed. The Contractor warrants goods are merchantable, are fit for the particular purpose for which they were obtained, and will perform in accordance with their specifications and Contractor's representations to. City. The Contractor shall, at its sole cost and expense, correct all Work performed which the City deems to have defects in workmanship and material discovered within one (1) year after the City's final acceptance of the Work. This Agreement is subject to all warranty provisions established under the Uniform Commercial Code, Title 62A RCW. En the event any part of the goods are repaired, only original replacement parts shall be used; rebuilt or used parts are not acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City o f the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 2.3 Time, Documentation, and Inspection. Work shall begin innnediately upon the effective date of this Agreement. Work shall be subject, at all times, to observation and inspection by and with approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Work in accordance with this Agreement, notwithstanding the City's knpwledge of defective or non - complying performance, its GOODS AND SERVICES AGREEMENT - 1 - 1 /2010 CITY OF CITY HALL 3332 Avenue South PO BG< 97: 3 Atersaktp Federal Way (253; 8,35-7X0 substantiality or the ease of its discovery. 2.4 Clean Up. At any time ordered by the City and immediately after completion of the Work, the Contractor shall, at its own expense, clean up and remove all refuse and unused materials of any kind resulting from the Work. In the event the Contractor fails to perform the necessary clean up, the City may, but in no event is it obligated to, perform the necessary clean up and the costs thereof shall be immediately paid by the Contractor to the City and/or the City may deduct its costs from any remaining payments due to the Contractor. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12 and such may result in ineligibility for further City agreements. 4. COMPENSATION. 4.1 Amount. In return for the Work, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit "B ", attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit "B ", the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement_ 4.2 Method of Payment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Work have been performed, the name of the personnel performing such Work, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon completion of all Work. Payment shall be made on a monthly basis by the City only after the Work have been performed and within thirty (30) days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Work do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 Defective or Unauthorized Work. If any goods, materials, or services provided under this Agreement are either defective, unauthorized, or otherwise do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement and the City reserves the right to withhold payment from the Contractor until the goods, materials, or services are acceptable to the City. If Contractor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services from other sources, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct these additional costs incurred to complete this Agreement with other sources, from any and all amounts due or to become due the Contractor. 4.4 Non - Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Work or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Work for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 4.5 Final Payment: Waiver of Claims. Contractor's acceptance of final payment shall constitute a waiver of any and all claims, except those previously and properly made and identified by Contractor as unsettled at the time request for final payment is made. 5. INDEMNIFICATION. 5.1 Contractor Indemnification. The Contractor agrees to release indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, 8 GOODS AND SERVICES AGREEMENT - 2 - 1 /2010 4k CITY Or G@TY HALL Federal Way 33325 t ser, e South - PO Box y7 Feda lIA WA 95063-971,3 (25 835-7M0 V/ ct: c -ftyoi teasrai;,Kl y (-0? -n actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or in connection with this Agreement or the performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub - contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification_ Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties further acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and sub- contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees or subcontractors, as provided in Exhibit "C ", attached hereto and incorporated by this reference, for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. All records submitted by the City to the Contractor will be safeguarded by the Contractor. The Contractor will fully cooperate with the City in identifying, assembling, and providing records in case of any public records disclosure request. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Contractor while performing the Work shall belong to the City upon delivery. The Contractor shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Work and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other govenuuental officials authorized by law to monitor this Agreement. 9 GOODS AND SERVICES AGREEMENT - 3 - 1/2010 CITY OF CTY HALL 33325 .Aveme South - PO BOK 19718 Federal Way Federal Vtla , WA 98058 -3778 .647ife4.1sras',tz3_'. 1 0. INDEPENDENT CONTRACTOR / EMPLOYEE CONDITIONS. S 10.1 Independence. The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security, income, or other tax which may arise as an incident of employment, except as specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. lithe Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 10.2 Safety. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors at the work site and in the performance of the contract work and shall utilize all protection necessary for that purpose. Contractor shall comply with all applicable provisions of federal, state and municipal safety and health laws and codes, including without limitation, all OSHA/WISHA requirements, Safety and Health Standards for Construction Work (Chapter 296 -155 WAC), General Safety and Health Standards (Chapter 296 -24 WAC), and General Occupational Health Standards (Chapter 296 -62 WAC). Contractor shall erect and properly maintain, at all times, all necessary guards, barricades, signals and other safeguards at all unsafe places at or near the site for the protection of its employees and the public, safe passageways at all road crossings, crosswalks, street intersections, post danger signs warning against known or unusual hazards and do all other things necessary to prevent accident or loss of any kind. Contractor shall protect from damage all water, sewer, gas, steam or other pipes or conduits, and all hydrants and all other property that is likely to become displaced or damaged by the performance of the Work. The Contractor shall, at its own expense, secure and maintain a safe storage place for its materials and equipment and is solely responsible for the same 10.3 Risk of Work. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. Even though Contractor is an independent contractor, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion 11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other parties; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, negotiation, drafting, signing, administration, or evaluating the Contractor's performance. 12. EQUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply to, but not be limited to, the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terns of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non - discrimination. 10 GOODS AND SERVICES AGREEMENT - 4 - 1 /2010 CITY Or C T'Y HALL 33325 Aveni:e South - PO Bc.lx -9718 Federal Way Federal Way, WA S50153-971.3 {w� a 8350 13. GENERAL PROVISIONS. 13.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assignment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non - assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91 -54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit maybe filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, however nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 11 GOODS AND SERVICES AGREEMENT - 5 - 1/2010 CITY Of C;T Y HALL 333 l�Jf+��C 1 S.Ft 4 • �iGx 3.7 F�dE ' a! l�s ~ 'i3ti, Y�itF ' 3iY 371 J 1 dirt41%44 Federal Way "Ottva5.201 (253) 835-7X0 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] f 12 GOODS AND SERVICES AGREEMENT - 6 - 1/2010 N Cdr �3F C Y HALL „d 333' 841 Avenue Smith - PO Box y7 8 • 9 > Federal s •a ^itt 981353-971,3 (253) 835-7C}00 %(a':'.V. atirviteci6rafaqv coin IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY ATTEST: Brian Wilson, City Manager\Police Chief City Clerk, Carol McNeilly, CMC DATE: APPROVED AS TO FORM: City Attorney, Patricia A Richardson ORCA PACIFIC, INC. By: Printed Name: Title: DATE: STATE OF WASHINGTON ) ) ss. COUNTY OF ) On this day personally appeared before me , to me known to be the of 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 , 20. Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires GOODS AND SERVICES AGREEMENT - 7 - 13 1/2010 CfTY Of CF -( HALL 33325 3t`E AVPme South - PO BO< V -i 3 f ., ? lz..it.., Federal Way Federal 'sr ay, WA Sat (253) 835 -7:1 -= w' cyak %F'c7Sr P w;.' ci m EXHIBIT "A" SERVICES 1. The Contractor shall do or provide the following: Orca Pacific, Inc. and the City of Federal Way mutually agree that the following goods and services shall be provided: Swimming Pool Disinfectant and Water Balancing Chemicals shall be delivered to the Federal Way Community Center, located at 876 South 333` Federal Way, Washington, as ordered on an as needed basis. Delivery times shall be scheduled in advance with the Aquatics Coordinator. Orca Pacific, Inc. will guarantee the quality of the products and will replace at no charge any chemicals that are found to be unsatisfactory. Prices shall remain the same throughout the length of this agreement. See Exhibit "B" for price list. Orca Pacific, Inc. staff shall be responsible for the unloading of above said chemicals and their placement in the designated storage areas. Orca Pacific staff will be responsible for the removal of all empty Chlorine and Acid containers. Orca Pacific, Inc. agrees to supply all parts and services needed to maintain chemical feeding systems and to provide technical assistance as needed to repair and maintain above said systems at a price consistent with fair market value. A quote shall be issued before any work is begun and all removed parts shall be returned to the Aquatics Coordinator or his /her designee. 14 GOODS AND SERVICES AGREEMENT - 8 - 1/2010 ��T'� �3� C;T'Y HALL 33325 ath Avehi;e: south - PO Box 9718 Federal Way, `rVA 95093-9718 Ord (2: 8.35-70(10 EXHIBIT "B" ' COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to exceed Forty Two Thousand and 00 /100 Dollars ($42,000.00). 2. Method of Compensation: Payment by the City for the goods and services will only be made after the delivery of goods or services have been performed, consistent with prices quoted below. A voucher or invoice shall be submitted in the form specified by the City, and the same is approved by the appropriate City representative. Payment shall be made on. a monthly basis, thirty (30) days after receipt of such voucher or invoice. Product Description Size Unit Price *Sodium Hypochlorite 12.5% 53 Gal 119.85 Drum *Acid Magic No Skin Burn /Reduced 15 Gal. 69.05 Fuming Carboy *Acid Magic No Skin Burn/Reduced Gallon 6.60 Fuming ea. Calcium Chloride 96 -98% 50# Bag 22.95 Soda Ash 50# Bag 12.50 Sodium Bicarbonate 50# Bag 19.95 Lamotte DPD #1 100 /Box 10.45 Lamotte DPD #3 100 /Box 10.45 Lamotte Phenol Red 100 /Box 10.45 *No Drum Deposits *No Environmental Cleaning Fees BID REQUIREMENTS Washington State Sales Tax not included in price of bid. 15 GOODS AND SERVICES AGREEMENT - 9 - 1/2010 4ik CITY O C TY HALL Federal 3.3325 WI vera:e South • PO BOK 9? 18 Fedafat Way, 950 .53 -971a (253; 835 -7fie S.' l!e:eCiSfOkt(3;! i.•;: n EXHIBIT "C" INSURANCE 1. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: - a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products - completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and $1,000,000 general aggregate. b.. - Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; c. Automobile liability insurance covering all owned, non - owned, hired and leased vehicles with a minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. 2. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self - insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 3. The City shall be named as additional insured on all such insurance policies, with the exception of any professional liability insurance and any workers' compensation coverage(s) if Contractor participates in a state - run workers' compensation program. Contractor shall provide certificates of insurance, concurrent with the execution of this Agreement, evidencing such coverage and, at City's request, furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. All insurance policies shall contain a clause of endorsement providing that they may not be terminated or materially amended during the Term of this Agreement, except after thirty (30) days prior written notice to the City- If Contractor's insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated or upon project completion and acceptance by the City. 16 GOODS AND SERVICES AGREEMENT - 10 - 1/2010 COUNCIL MEETING DATE: November 16, 2010 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PLAYGROUND REPLACEMENT FOR DASHPOINT HIGHILANDS AND LAKE GROVE PARK POLICY QUESTION: Should a purchase agreement be awarded through KCDA for the supply and installation of playground systems; to Sitelines Park & Playground Products for Dashpoint Highlands Park and Allplay Systems for Lake Grove Park? COMMITTEE: PRPSC MEETING DATE:Nov 9, 2010 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution 1 1 Other STAFF REPORT BY: Stephen Ikerd, Parks & Facilities Manager DEPT: PRCS Attachments: Memo, layout drawings. Options: #1- Recommend approval to purchase new playground systems from: Sitelines Park & Playground Products; for Dashpoint Highlands Park ($77,818.09) and Allplay Systems for; Lake Grove Park ($68,569.56) and authorize the City Manager to purchase through KCDA for the supply and installation cif these playgrounds. An additional estimated $7,500 will be needed to install a cement border around the Dashpoint Highlands playground so the grand total expenditure for both systems is not to exceed $153,887.65 #2- Do not approve the purchase of the new playground systems and give staff direction. STAFF RECOMMENDATION: Staff recommends Council approve option #1 CITY MANAGER APPROVAL: in//trv� 1 r �j° , /o / , DIRECTOR APPROVAL: to Committee to Council to Committee To Council COMMITTEE RECOMMENDATION: I move to forward option 1 to recommend approval to purchase new playground systems from: Sitelines Park & Playground Products; for Dashpoint Highlands Park ($77, 818.09) and Allplay Systems for; Lake Grove Park ($68,569.56) and authorize the City Manager to purchase through KCDA for the supply and installation of these playgrounds. An additional estimated $7,500 will be needed to install a cement border around the Dashpoint Highlands playground so the grand total expenditure for both systems is not to exceed $153,887.65 to full council on November 16, 2010 City Council Consent Agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of option 1 recommend approval to purchase new playground systems from: Sitelines Park & Playground Products; for Dashpoint Highlands Park ($77,818.09) and Allplay Systems for; Lake Grove Park ($68,569.56) and authorize the City Manager to purchase through KCDA for the supply and installation of these playgrounds. An additional estimated $7,500 will be needed to install a cement border around the Dashpoint Highlands playground so the grand total expenditure for both systems is not to exceed $153,887.65. 17 (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED I sl. reading ❑ TABLED/DEFERRED /NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE it REVISED — 02/06/2006 RESOLUTION # • 18 i CITY OF ` Federal Way Parks and Facilities Division Date: November 9, 2010 To: PRHSPS Council Committee From: Stephen_Ikerd, Parks & Facilities Manager Subject: Playground system purchase One of the Parks Commission annual work plan task is to inspect playgrounds with staff and assist with developing a priority list for replacements or upgrades. Two play structures were identified for replacement this year due to deteriorating conditions. Staff recommends moving forward with the replacement of the Dashpoint Highlands and Lake Grove Park playground systems. Staff contacted four companies on a King County Directors Association (KCDA) list which the City has cooperative procurement authority through. This procurement authority allows the City to work with each pre- approved company to customize a playground system to fit our needs at discount rates that KCDA secured through a bidding process. This method of selection works best for this type equipment because each manufacturer has many variables in its features that are difficult to bid apples to apples. Once a layout and price is agreed upon and Council approval is given, a PO is issued to KCDA who then works with the selected vendor for the supply and installation of the playground system. Staff solicited conceptual layouts and estimates from four approved KCDA vendors to determine which company we would work out final details with. Staff recommends splitting the award with two companies that have been responsive in the past, have good quality equipment, included popular features and are within budget. Following are the results: Allplay Systems: Lake Grove Park $67,924.12 — includes equipment, installation, cement border, & tax 3,101.56 — KCDA 5% processing fee 6,792.41 — 10% contingency $77,818.09 — total encumbrance not to exceed Sitelines Park and Playground Products: Dashpoint Highlands Park $62,335.96 — includes equipment, installation, play chips, KCDA 5% fee & tax 6,233.60 — 10% contingency $68,569.56 — total encumbrance not to exceed Other cost for Dashpoint Highlands playground: $ 7,500.00 -- estimate for a cement border that staff will install through another vendor. Funding Source: $181,253.00 — 2010 balance of CIP funds for Playground Replacement and Upgrades. - 153,887.65 — total encumbrance of 2 playground systems including 10% contingency. $27,365.35 — remaining balance of CIP funds for Playground Replacement and Upgrades. CC — Cary Roe; P.E., Parks & Public Works Director /Emergencylnager . i ... 4' ' . ' .. - . `� - ' t -; _;s , ,�t:`v, ir� �.N�. , % �� i ��;�� " R � R'S AN 1 v J!i: ,‚ - .fl /•\'.. 1I / - .t - t jl '-:: ' < < . '? ' 4 t 1 .& . A' ( 't , " , tk / 4/ 4 -4 , i .- - ‚ f4E < , . 4 ffllllvilmm, < N Tc . _: ? ) i J -‚-‚ / 1. \ I ! - 'rt' ii;, S�:�l.w..WWR:;.I.W, W., - g k" - — , :�11.1. .. , ..... ' 1y 1 . a: ' w < $» . . M ,. I ; 1 ,*,,--,:..-,: . � k". 1, 0, R . '. f;J I 6� % -ii" ->�, W., . .-I ... ; '- 3�� ( Ma ,��,N, , ��,�� . I � I 'i , V M �;�;M 4 ,� g 1�;.� .:��,�:�Ii�i��",j;:�,e . tv! M; 'M .40, , , . 1�. � , � IN tT V) \ , ,,‚ , . 1We* -'- 1 ' < 4' < . 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COMMITTEE: PRHSPS MEETING DATE: Nov. 9, 2010 CATEGORY: n Consent ❑ Ordinance ❑ Public Hearing n City Council Business X Resolution U Other STAFF REPORT BY: Stephen Ikerd, Parks & Facilities Manager DEPT: PRCS The Department occasionally receives requests to donate funds for a specific purpose and also interest in purchasing a variety of Park amenities. Often the interest in the purchase of a park amenity is associated with a desire to have a memorial plaque associated with that item. Staff has researched other donation and memorial programs and developed the attached program and Resolution to be adopted as a new City of Federal Way program. Attachments: Proposed Park Donation & Memorial program, Donation form, and Resolution. Options Considered: 1. Authorize adopting the proposed Park Donation & Memorial program through the attached Resolution. 2. Do not authorize the proposed Park Donation & Memorial program and provide direction to staff. STAFF RECOMMENDATION: Option 1; to approve the proposed Park Donation & Memorial program by adopting this new program by Resolution. //�� CITY MANAGER APPROVAL: Lt, 14 I{..,, jobl» Ci DIRECTOR APPROVAL: ' ` Committee Council Committee Council COMMITTEE RECOMMENDATION: I move to forward the Park Donation & Memorial program to the November 16, 2010 Council meeting and adopt this new program by Resolution. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: '`I move approval of the Park Donation & Memorial program by adopting this new program by Resolution." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading ❑ TABLED /DEFERRED /NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 03%12;2010 RESOLUTION # 27 CITY OF - FederaiWay PARK DONATION & MEMORIAL PROGRAM I. PURPOSE The City of Federal Way receives numerous inquiries from individuals and organizations about donations and memorials to the City's park system. The intent of the Donation & Memorial Program is to create a program that is flexible and responsive to the needs of our community's donors and to establish policies and procedures for accepting donations made for the benefit of the City's parks system. II. DEFINITIONS 1. Department: the Parks, Recreation and Cultural Services Department 2. Director: the Parks, Recreation and Cultural Services Department Director or designee. 3. Donation: gift of funds, plant materials, and physical objects or structures. 4. Memorial Plaques: bronze plaque either installed at ground level or attached to an approved object in a park or facility. Plaque size will be established by specified use, with a maximum number of text lines and restricted letter font style and size. 5. Park: any city -owned park, facility, natural area, and open space managed for recreational use and /or resource protection. 6. Pathway: any on or off -road pathway, sidewalk, or trail located in Park. III. POLICY A. The Department shall be responsible for administering the Park Donation & Memorial Program, including establishing a review process for approving and installing donations. The Department may coordinate with other City departments where needed, or designate other departments to oversee certain aspects of the program. B. The City encourages donations of land, facilities, equipment, landscape material and money to support the Parks, Recreation and Cultural Services to the community. Donations will be accepted from public and private sources for the purposes of enhancing all City parks and park pathways, and will become the property of the City. C. Donations will be considered for all Parks and Park Pathways with the exception of those areas where human activity is discouraged to protect habitat and sensitive lands. D. All costs associated with the donation request, such as installation and anticipated on -going maintenance costs, should be covered by the donor. The City may, on a case by case basis, establish an appropriate administrative fee of no greater than 15% of the value of the donation to coordinate the project. For projects of large value, a reasonable administrative fee will be negotiated. E. Approval Criteria: Proposed donations may be incorporated into the landscape and facilities of parks and pathways according to the following criteria: 28 General Criteria: 1. Donations must be compatible with and meet a specific park facility or amenity need identified in the approved park master plan, 2. In areas not covered by master plans, compatibility with existing facilities and local conditions shall be considered as long as the donation meets a specific park need. 3. Age and anticipated general condition of the donation. 4. Anticipated maintenance requirements. Specific Criteria: 1. Cash Donations: Unspecified cash donations may be used to build, to repair or to upgrade existing or new park facilities at the City's discretion. 2. Structures and Site Furnishings: The City has established general aesthetic standards for furnishings in parks. Donations of structures or furnishings should maintain this aesthetic standard. Therefore the Director will offer donors a list of pre- approved furnishings that they may choose from at the current market values (approx $300 — 3,500 range). The list shall include the following new items, and may be added to or amended by the Director as necessary: New Items: Tree Picnic Tables Metal Benches Litter receptacles P lanters Drinking Fountains Trail Marker Signs 3. Other Furnishings: Other furnishings or structures outside of the pre- approved list such as fountains, plazas, and landscapes will be reviewed on a case by case basis. 4. Artwork: Donations of art, or cash donations to purchase or commission art must be pre - approved by the City's Arts Commission with the location approved by the Department. 5. Plant Donations: Donation of plant material is allowed as long as the donation is purchased from a City approved certified nursery. Acceptance of plant material by the City is based upon whether the plant material furthers the design theme established in the park and a need exists for additional plants. The City's ability to hold quantities of plants until needed is limited. Therefore, only plant materials that can be planted at the time of acceptance are allowed. Plant material occasionally must be relocated or conditions may lead to the demise of some plants. Therefore, donations will only be accepted if donors realize that plants may be relocated and that the City may not replace plant material that does not survive. F. Variations: Variation to Standard Memorial Plaques will be allowed only upon approval of the Director. G. Damages & Term of Donation: The term of the donation or memorial will be for the life of the asset. For example, if a donated park bench is destroyed or deteriorates, then the memorial may be removed. The City will make every practical effort to repair damaged donations and memorials. However, the City is not responsible for replacing items, including plaques, due to excessive damage or loss. The City will attempt to contact the donor using the information on the Donation Memorial Form to inform him/her of the loss. The donor may replace the item and /or plaque at his/her o2 n expense. H. Naming of Parks: The City has an approved process for naming parks. Please see Resolution No. 91 -57 IV. PROCEDURE A. The donor shall meet with Department staff prior to submitting a Park Donation & Memorial Form. The purpose of this meeting is for the donor to share ideas regarding the proposed donation and/or memorial. Once this meeting has occurred, the donor may submit a completed Park Donation & Memorial Form to the Department. B. Department staff will review and determine the appropriateness of the proposal as measured by the approval criteria listed above in Section III (E). If a proposal does not meet the approval criteria, the donor will be notified of the reasons why. C. Property Donations: All land/property donations will be submitted through Staff and forwarded to the Parks and Recreation Commission for a recommendation, to the Parks, Recreation, Human Services and Public Safety Committee for approval, and to City Council for final approval. D. Other Donations: All other donations meeting the approval criteria will be handled administratively by the Department unless the value of the donation is greater than $10,000.00, in which case, the proposal will be submitted to the Parks and Recreation Commission for a recommendation, to the Parks, Recreation, Human Services and Public Safety Committee for approval, and to City Council for final approval. E. Memorial Plaques: Memorial plaques will be permitted pursuant to this policy only in conjunction with the donation of a new item as described in section III (E) above. Memorial Plaques and installation components shall be provided by the donor and shall be a bronze marker either installed at ground level or attached to an approved object in a park or City facility. City staff reserve the right to perform or supervise the installation. Plaque size will be established by specified use, with a maximum number of text lines and restricted letter font style and size as follows: 1. Pre - approved plaque sizes: A. 2 "x 10" (2) inches wide by ten (10) inches long with a limit of three lines of text and up to 48 characters per line. Typical application is directly upon a park bench, table, or similar dedication. B. 5" x 6" five (5) inches by five (6) inches with a limit of four lines of text and a maximum of 32 point and a minimum of 20 point font sizes. Typical application is placement on a rock or concrete base and placed next to a structure, plant, or tree dedication. C. 6" x 9 "six (6) inches by nine (9) inches with a limit of four lines of text and a maximum of 32 point and a minimum of 20 point font sizes. Typical application is placement on a rock or concrete base and placed next to a structure, plant, or tree dedication. 30 3 Park Donation & Memorial Policy To prevent obscene or potentially offensive text from being displayed on city property, the Department must approve all text for Memorial Plaques. Pre- approved text may include: In Honor of In Memory of In Celebration of Dedicated to F. Appropriate approval of the donation or memorial must be obtained before installation of the donation or memorial may begin. G. Once installed, the donation or memorial becomes the property of the City of Federal Way. V. APPEAL PROCESS A. For real property donations and donations over $10,000.00, the decision of the City Council will be final. B. For decisions on proposals made by the Department, such decisions may be appealed by the proposer in writing to the Director. Such appeals shall be in writing and submitted to the City Clerk within seven (7) calendar days of the Department's decision. The appeal shall contain the following: (1) a statement of the action causing concern, (2) the action requested by the applicant and the reasons supporting it, and (3) any other relevant information and impacts. The appeal will be considered within thirty (30) days. If practical, the matter may be resolved by telephone or office visit. The decision of the Director will be final. Policy Approved by City Council, Resolution No. , 200 31 4 Park Donation & Memorial Policy l ihh. CITY OF �...,- Federal Way Park Donation & Memorial Program Form Donor name or organization: Address: City, State, Zip: Phone: E -mail Pre - approved donation list of new items: (please check appropriate boxes) ❑ Tree ❑ Picnic table ❑ Metal Bench ❑ Planter ❑ Litter receptacle ❑ Drinking Fountain ❑ Trail marker signs ❑ Other ❑ Memorial plaque Proposed location: Description of request: Desired plaque inscription: (see applicable size and font details in full policy document) Mounting option: Li in ground ❑ on approved object or fixture For City Use Only: Current market value estimate for donation: $ ❑ Approved by Date Comment: 32 RESOLUTION NO. A RESOLUTION of the City Council of the City of Federal Way, • Washington, Adopting a Park Donation and Memorial Program. WHEREAS, periodically, the City is approached by private citizens, business groups, or other organizations desiring to contribute monetary and non - monetary donations to the City's park system; and WHEREAS, pursuant to RC W 35A. 11.040, the City is authorized to accept any gift or grant for any public purposes; and WHEREAS, the City Council desires to adopt a Parks Donation and Memorial Program that will give members of the community the opportunity to make donations within the park system, and allow for a coordinated and consistent program for recognizing such contributions; and WHEREAS, the City Council has reviewed the Parks and Recreation Commission's proposed Donation and Memorial Program and desires to adopt the same; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. The Parks Donation and Memorial Program ( "Program ") attached hereto as Exhibit A and incorporated by this reference is hereby adopted. Section 2. Severability. If any section, sentence, clause or phrase of this resolution should be 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. Resolution No 10- Page 1 of 2 33 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 , 2010. CITY OF FEDERAL WAY MAYOR, LINDA KOCHMAR 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: RESOLUTION NO.: K:\resolution\2010 \donation and memorial policy Resolution No. 10- Page 2 of 2 34 COUNCIL MEETING DATE: November 16, 2010 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Services Agreement for The Commons at Federal Way Police Services POLICY QUESTION: Should the City of Federal Way / Police Department allow ratification of the Service Agreement between the City Of Federal Way and Steadfast Commons II, LLC for police services at The Commons Federal Way for the term on January 1, 2011 to December 31, 2011? COMMITTEE: Parks, Recreation, Human Services and Public Safety MEETING DATE: November 9, Council Committee - (PRHS &PS) 2010 CATEGORY: ® Consent 1 1 Ordinance ❑ Public Hearing 1 1 City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Sandy Tudor, Lieutenant DEPT: Police Attachments: 1. PRHS &PS Memo 2. The Commons at Federal Way Police Service Agreement Options Considered: 1. Accept The Commons Agreement 2. Reject Agreement STAFF RECOMMENDATION: Staff recommends Option 1. CITY MANAGER APPROVAL: 1314.1%, /0 1 1 /1 P li DIRECTOR APPROVAL: 914- Committee Council Committee Cozen -it COMMITTEE RECOMMENDATION: I move to forward the proposed Agreement to the November 16, 2010 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Services Agreement for the Commons at Federal Way Police Services, effective January 1, 2011 through December 31, 2011 with a total compensation of $137,645.00, and authorize the City Manager to sign said agreement." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED ST reading ❑ TABLED /DEFERRED /NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12'2010 RESOLUTION if 35 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: November 9, 2010 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Brian J. Wilson, City Manager/Police Chief FROM: Andy Hwang, Assistant Chief of Police SUBJECT: Acceptance of the Services Agreement Between the City of Federal Way and the Commons Mall Management Company. Background Officers who are assigned to work at the Commons Mall are commissioned police officers providing full law enforcement and security services for the Commons Mall property. The Mall Resource Officers provide the opportunity for increased safety and security for patrons and businesses which enhances the environment for greater commerce, increases public perception of safety, and broadens our outreach and visibility in the community. The original Commons Mall agreement was signed in 1999 and has been renewed by both parties each year since then. The term of this Services Agreement is for one year, commencing January 1, 2011. It 'shall come up for renewal again in 2012. This agreement has been reviewed and approved by the legal departments of both parties and is ready for final signatures. 1 36 CITY OF CITY HALL Federal Way 33325 8th Avenue South . Box 9718 Federal Way, WA 988063 3-9718 18 (253) 835 -7000 www: cityoffederahvay com SERVICES AGREEMENT FOR THE COMMONS AT FEDERAL WAY POLICE SERVICES This Professional Services Agreement ( "Agreement ") is made between the City of Federal Way, a Washington municipal corporation ( "City"), and Steadfast Commons II, LLC, a Delaware limited liability company ( "Owner "), owner of the Commons at Federal Way ( "Property "). The City and Owner (together "Parties ") are located and do business at the below addresses: STEADFAST COMMONS II, LLC: CITY OF FEDERAL WAY: Lisa Whitney Brian Wilson, City Manager /Police Chief 1928 S. Commons Suite B 33325 8 Ave S Federal Way, WA 98003 P.O. Box 9718 253- 839 -6156 (telephone) Federal Way, WA 98063 -9718 (253) 253 -835 -6701 (telephone) lwhitney@steadfastcompanies.com (253) 253 -835 -6739 (facsimile) Lynette.allen@cityoffederalway.com The Parties agree as follows: 1. SERVICES. The City shall perform the services more specifically described in Exhibit "A ", attached hereto and incorporated by this reference ( "Services "). 2. TERM. The term of this Agreement shall be for one year commencing on January l', 2011. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth set forth at the beginning of this Agreement. Either Party may terminate this Agreement immediately if the other Party defaults or materially breaches the Agreement. 4. COMPENSATION. In return for the Services, the Owner shall pay the City fifty percent of the cost of the salaries and benefits of each officer assigned to the Property for the time periods that they are assigned there. The numbers of hours and total rate shall be as set forth in Exhibit "B" attached hereto and incorporated by this reference ( "Compensation "). The City shall invoice and the Owner shall remit one twelfth of the total yearly compensation on a monthly basis. From time to time the Parties shall agree on any adjustment in rates. 5. INDEMNIFICATION. 5.1 Owner Indemnification. The Owner agrees to release, indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives; arising from, resulting from, or in connection with this Agreement or the performance of this Agreement to the extent caused by the negligent or intentional acts, errors, or omissions of the Owner, except for that portion of the claims caused by the City's sole negligent or intentional acts, errors, or omissions. 5.2 City Indemnification. The City agrees to release, indemnify, defend and hold the Owner, its officers, directors, shareholders, partners, employees, agents, and representatives harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, 19d/or litigation expenses to or by any and all persons or SERVICES AGREEMENT - 1 - ` CITY OF CITY HALL 33325 � Federal Way Feder 8th al Way, Avenu WA 9 80663- • 97 18 Box 9718 Federal WA 803 -18 (253) 835 -7000 www atyotfederatway. com entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent caused by the negligent or intentional acts, errors, or omissions of the City, except for that portion of the claims caused by the Owner's sole negligent or intentional acts, errors, or omissions. 5.3 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The City agrees to carry as a minimum general liability insurance in the amount of at least $1,000,000 single limit and $2,000,000 aggregate, which includes property liability. City shall provide certificates of insurance, concurrent with the execution of this Agreement, evidencing such coverage and, at Owner's request, furnish copies of all insurance policies and with evidence of payment of premiums or fees of such policies. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 7. CONFIDENTIALITY. All information regarding the City obtained by Owner in performance of this Agreement shall be considered confidential. Breach of confidentiality by the Owner will be grounds for immediate termination. If the City notifies the Owner of a public disclosure request, and the Owner believes records are exempt from disclosure, it is the Owner's responsibility to make determination and pursue a lawsuit under RCW 42.56.540 to enjoin disclosure. The Owner must obtain the injunction and serve it on the City before the close of business on the tenth business day after the City sent notification to the Owner. It is the Owner's discretionary decision whether to file the lawsuit. If the Owner does not timely obtain and serve an injunction, the Owner is deemed to have authorized releasing the record. If the City has notified the Owner of a public disclosure request, and the Owner has not obtained an injunction and served the City with that injunction by the close of business on the tenth business day after the City sent notice, the City will then disclose the record unless it makes an independent determination that the record is exempt from disclosure. Notwithstanding the above, the Owner must not take any action that would affect (a) the City's ability to use goods and services provided under this Agreement or (b) the Owner obligations under this Agreement. The Owner will fully cooperate with the City in identifying and assembling records in case of any public disclosure request. 8. INDEPENDENT CONTRACTOR. The Parties intend that the City shall be an independent Contractor and that the City has the ability to control and direct the performance and details of its work, the Owner being interested only in the results obtained under this Agreement. The Owner shall be neither liable nor obligated to pay City sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. 9. GENERAL PROVISIONS. 9.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 9.2 Assignment and Beneficiaries. Neither the Owner nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non - assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in thisgreement based on any provision set forth herein. SERVICES AGREEMENT - 2 - A CITY OF CITY HALL Fe d e ra 1 Way 33325 8th Avenue South • Box 9718 Federal Way, WA 9808063 -3- 9718 18 (253) 835 -7000 www cityoffederal way com 9.3 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in- which performance is a factor. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available at law, in equity or by statute. The failure of a Party to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of a Party to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of a Party to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 9.4 Execution. Each individual executing this Agreement on behalf of the City and Owner represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the Owner or the City. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] 39 SERVICES AGREEMENT - 3 - k CITY OF CITY HALL .. 33325 8th Avenue South • Box 9718 Federal Way Federal Way, WA 98063 -063- 9718 18 (253) 835 -7000 www cit yofederalway. com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY ATTEST: 13y: City Manager /Police Chief, Brian Wilson City Clerk, Carol McNeilly, CMC APPROVED AS TO FORM: DATE: City Attorney, Patricia A Richardson STEADFAST COMMONS II, LLC By: Printed Name: Title: DATE: STATE OF WASHINGTON ) ) ss. COUNTY OF ) On this day personally appeared before me , to me known to be the of 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 , 201 . Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires 40 SERVICES AGREEMENT - 4 - CITY OF CITY HALL Federal Way 33325 8th Avenue South . Box 9718 Federal Way, WA 988063 3-9718 18 (253) 835 -7000 www cityoffedera!way com EXHIBIT "A" SERVICES 1. The City will provide to the Property three (3) full time, experienced police officers ( "Contract Officers ") to provide security (in addition to other policy duties) for the Property, its businesses, tenants, and customers. The Contract Officers will work in conjunction with private security or other police agency representatives employed by the Owner at the Property or any of the Property's stores or tenants. Contract officers will combine foot patrol and vehicle patrol of the Property, including its parking lot and perimeter, with office, booth, or kiosk fixed positions to provide security, visibility, and police services. Contract Officers will lose no benefits, assignment, training, or promotional opportunities due to the Agreement. Contract Officers will be assigned in one (1) year increments, but may be rotated to address City needs or Owner interests. 2. The Property will be considered by the City as a mini -beat within the general geographical dispersal structure of the City, placing it as a section within a regular beat. The regular beat officer, in which the Property mini -beat exists, will provide presences and response capabilities consistent with general beat management strategies. The Property's coverage by the regular beat officer will not be reduced by the presence of the Contract Officers or by the use of other police agency representatives or private security staff or agency representatives in the Property or in individual stores. All supplemental police services will remain unaffected by the coverage provided for in this Agreement. 3. During assigned periods, the Contract Officers will respond to police or public safety incidents. If the matter can be resolved by the Contract Officers expediently, no general assignment or specialized assignment officers will need to respond. If needed, as determined by the City, other officers will be dispatched as in the resolution of any similar matter through the City. If the incident requires extended investigation or follow -up investigation away from the Property, or prisoner transportation general assignment officers will relieve the Contractor Officers to allow them to resume the Contract Officer duties as soon as practical. 4. The City will retain control over the Contract Officers and the Contract Officers will work under the general and direct supervision of the Federal Way Police Department and the City. The Contract Officers will work in a full duty status while on duty as in any Police Department duty assignment, and will adhere to departmental policies and procedures. Contract Officers will be in uniform during duty hours and will be provided with regularly used police equipment including vehicles and radios. The City may at its option also provide bicycles, computers, or other equipment. 5. The Owner may provide office space, a public access kiosk, or other facilities. Property Management may coordinate the security efforts of the Contract Officers on a day -to -day basis, consistent with City policy, to assure continuity, coverage, and coordination of efforts; provided that in the event of a conflict between any direction from the Owner or its agents and the City, the City direction shall control. 6. Contract Officer absences due to illness, time off, or training will be replaced by general assignment police officers, to maintain a continuity of coverage, when the absence will result in no Contract Officer being on duty at the Commons Mall for that day. The number of shifts shall be set in Exhibit B Compensation, and may be reduced based on the level of compensation actually provided to the City. Specific hours of coverage will be established by the City in conjunction with the Property management. 4 1 SERVICES AGREEMENT - 5 - A CITY OF CITY HALL Way 33325 8th Avenue South • Box 9718 Federal Wa Federal Way, WA 98063 -063- 9718 18 (253) 835 -7000 www ci(yoffederalway com EXHIBIT "B" COMPENSATION In 2011 the City will provide the Contract Officers for a total of eleven (11) ten -hour shifts per week. The actual days of the week and hours will be agreed upon by the Owner and the City based on the needs of both parties. Below is a sample schedule: Officer A: Sunday through Wednesday, 10:00 am to 8:00 pm Officer B: Friday through Monday, 11:00 am to 9:00 pm Officer C: Thursday through Saturday, 12:30 pm to 10:30 pm This schedule is subject to change based on the needs of the Owner and the City. The City reserves the right to adjust the schedule for the purposes of training, vacation, and other types of leave providing that the impact to the Owner is inconsequential. The 2011 rate (50% of the cost to the City) for this coverage is a total of One Hundred and Thirty Seven Thousand, Six Hundred and Forty Five and No /100 Dollars ($ 137,645.00) per year or Eleven Thousand Four Hundred and Seventy and 42/100 Dollars ($l 1,470.42) per month. 42 SERVICES AGREEMENT - 6 - COUNCIL MEETING DATE: November 16, 2010 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Accept COPS GRANT that was submitted for application June 16, 2010, in order to fund four (4) police officer positions for a period of three years. POLICY QUESTION: Should the City of Federal Way / Police Department accept the COPS Grant, awarded in September 2010, for an estimated federal funding of $1,036,296.00 spread over three years? COMMITTEE: Parks, Recreation, Human Services and Public Safety MEETING DATE: Nov. 9, 2010 Council Committee - (PRHS &PS) CATEGORY: ® Consent 1 1 Ordinance ❑ Public Hearing n City Council Business 1 1 Resolution ❑ Other/ Information Only STAFF REPORT BY: STEVE NEAL, COMMANDER DEPT: Police Department Attachments: 1. PRHS &PS Staff Memo Options Considered: 1. Accept grant 2. Do not accept grant STAFF RECOMMENDATION: Staff recommends Option 1. /0/IS J4Jl) �` /./;54 CITY MANAGER APPROVAL: A I,.� 1c" DIRECTOR APPROVAL: °" Committee Council Committee CoSncil Committee Recommendation: 1 move to forward the proposed agreement to the November 16, 2010 Council Agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "1 move approval to Accept the COPS Grant for FY2010 with an estimated $1,036,296.00 in federal funds spread over three (3) years, and authorize the City Manager to sign the Grant Award Document. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading ❑ TABLED /DEFERRED /NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 02/06/2006 RESOLUTION # 43 • CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: November 9, 2010 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Brian J. Wilson, City Manager /Chief of Police FROM: Andy J. Hwang, Assistant Police Chief SUBJECT: Accept COPS Grant to fund four police officer positions for three years. Background The Police Department budget recommendation for 2011 -2012 contains a reduction of 18 Commissioned FTE's in order to meet the budget requirements. As a result of these reductions a total of five police officer positions would be eliminated in 2010, if the recommendations are implemented. In an effort to save positions the Department submitted an application, in July, to the 2010 COPS Hiring Program (CRP) for the fiscal year 2010. The Department applied for the original grant in 2009, which was denied. The CRP re- opened the grant in 2010 for those departments who did not receive funding in the original grant process. Only those departments that applied and were denied in 2009 were eligible for the 2010 grant funds. One stipulation to the grant process is that the applicants are capped at their original request for funding. The Federal Way Police Department has been approved and awarded the 2010 COPS Grant for four (4) officer positions. Therefore the Department is requesting to accept the 2010 COPS Hiring Program Grant funding, for four (4) officers, for a period of three years, with an estimated amount of $1,036,296.00 in federal funds to be awarded. 1 44 e \i:tf / 114 U.S. Department of Justice Office of Community Oriented Policing Services (COPS) Office of the Director 1100 Vermont Avenue, N.W. Washington, DC 20530 September 30, 2010 Interim Chief of Police Andy Hwang Federal Way, City of 33325 8th Avenue South P.O. Box 9718 Federal Way, WA 98063 Re: COPS Hiring Program Grant # 2010UMWX0338 ORI #: WA01736 Dear Interim Chief of Police Hwang: Once again, I would like to congratulate you on receiving a COPS Hiring Program (CHP) award. Your award is for 4 officer positions and $1,036,296 in federal funds over a three -year grant period. Your agency may now begin hiring or rehiring officers to fill CHP grant - funded positions. Enclosed in this package is your grant award. The Award Document must be signed and • returned to the COPS Office within 90 days of the date of this letter to officially accept your grant. The Frequently Asked Questions (FAQ) document included in this package should be helpful in answering any questions you may have about accepting your award, or requesting additional time to do so. Beginning on the reverse side of your Award Document, you will find a total of two pages of CHP Grant Terms and Conditions. You should read and familiarize. yourself with all 16 terms and conditions that apply to your CHP award. A supplemental online award package for CHP grantees can be found at http:/ /www.cops.usdoj.gov/Default.asp ?Item =2367. We strongly encourage you to visit this site immediately to access a variety of important and helpful documents associated with your award, including the CHP Grant Owner's Manual, which specifies the terms, conditions, and requirements of your grant. Also, within a few weeks you should receive an important package from the Office of the Chief Financial Officer, Office of Justice Programs, which will contain the forms and instructions necessary to begin drawing down funds for your grant. As mentioned at the time of announcement, each CHP application was subject to a thorough review, and some of your application information may have been updated or corrected from the original version submitted to COPS. If you have not yet done so, please access your application at https: / /www.cops.usdoj.gov, and print and maintain a final copy for your records (if you are unable to print a copy of your application, please contact the COPS Office at 800.421.6770). The Financial Clearance Memorandum (FCM) and Final Funding Memorandum (FFM) included in this package reflect allowable costs and amounts under your award. The FCM specifies the amount of COPS Hiring Program funds awarded to your agency for officer salaries and approved benefits, while the FFM contains the final officer salary and fringe benefit categories and amounts for which your agency was approved. The Final Funding Memorandum also includes the specific hiring 45 cate o ies awarded under your CHP grant. Please review both documents carefully, as g rY( ) Y l� your Y Y agency may only be reimbursed for the amounts and approved cost categories indicated. As a reminder, under CHP all positions awarded (or an equal number of veteran officers) must initiate or enhance community policing in accordance with the community policing plan as described within Section 6 of your application. If for any reason your agency finds that your community policing plans have significantly changed from those outlined in your application (e.g., because you received fewer officers than originally requested and thus must alter the scope of your community policing plans), please revise the plan accordingly and submit it to the COPS Office for review and approval. You should also contact the COPS Office if, for any reason, you need to modify your grant award. This includes any reallocation of your awarded positions across the three primary hiring categories (i.e., new hires, rehires of officers laid off pre- application, and rehires of officers laid off or scheduled to be laid off post - application). Finally, please remember that grantees must retain all sworn officer positions awarded under the CHP grant for a minimum of 12 months following the 36 -month federal funding period. The retained CHP - funded position(s) should be added to your law enforcement budget with state and/or local funds, over and above the number of locally - funded positions that would have existed in the absence of the grant. In your CHP grant application, your agency was required to affirm that it plans to retain the additional officer positions awarded following the expiration of the grant, and to identify the planned sources of retention funding. If, during the life of the grant, you have questions regarding the retention requirement or your retention funding sources, please contact the COPS Office for assistance. • Once again, congratulations on your CHP award. If you have any questions about your grant, please do not hesitate to call the COPS Office Response Center at 800.421.6770. Sincerely, Bernard K. Melekian Director 4 6 U. S. Department of Justice Office of Community Oriented Policing Services 2010 COPS Hiring Program Grant Terms and Conditions 7. Modifications. During the CHP grant award period, it may become necessary for an agency to modify its CHP grant award due to changes in an agency's fiscal or law enforcement situation. Modification requests should be submitted to the COPS Office when an agency determines that it will need to shift officer positions awarded in one hiring category into a different hiring category, reduce the total number of positions awarded, shift funds among benefit categories, and/or reduce the entry-level salary and fringe benefit amounts. For example, an agency may have been awarded CHP grant funding for ten new, additional full -time sworn officer positions, but due to severe fiscal distress /constraints, the agency determines it is unable to sustain all ten positions and must reduce its request to five full -time positions; or an agency may have been awarded CHP grant funding for two new, additional swom officer positions, but due to fiscal distress /constraints the agency must change the hiring category from new hires to rehires to prevent lay -offs. Grant modifications under CHP are evaluated on a case -by -case basis. An agency may implement the modified grant award following written approval from the COPS Office. Please be aware that the COPS Office will not approve any modification request that results in an increase of federal funds. 8. Evaluations. The COPS Office may conduct monitoring or sponsor national evaluations of the COPS Hiring Program. The grantee agrees to cooperate with the monitors and evaluators. 9. Reports. To assist the COPS Office in the monitoring of your award, your agency will be responsible for submitting quarterly programmatic progress reports and quarterly financial reports. 10. Grant Monitoring Activities. Federal law requires that law enforcement agencies receiving federal funding from the COPS Office must be monitored to ensure compliance with their grant conditions and other applicable statutory regulations. The COPS Office is also interested in tracking the progress of our programs and the advancement of community policing. Both aspects of grant implementation — compliance and programmatic benefits —are part of the monitoring process coordinated by the U.S. Department of Justice. Grant monitoring activities conducted by the COPS Office include site visits, office -based grant reviews, alleged noncompliance reviews, financial and programmatic reporting, and audit resolution. As a COPS CHP grantee, you agree to cooperate with and respond to any requests for information pertaining to your grant. 11. Equal Employment Opportunity Plan (EEOP). All recipients of funding from the COPS Office must comply with the federal regulations pertaining to the development and implementation of an Equal Employment Opportunity Plan (28 C.F.R. Part 42 subpart E). 12. Employment Eligibility. The grantee agrees to complete and keep on file, as appropriate, a Bureau of Citizenship and Immigration Services Employment Eligibility Verification Form (I -9). This form is to be used by recipients of federal funds to verify that persons are eligible to work in the United States. 13. Community Policing. Community policing activities to be initiated or enhanced by your agency were identified and described in your original COPS grant application, and /or 2010 CHP application update with reference to each of the following elements of community policing: a) community partnerships and support; b) related governmental and community initiatives that complement your agency's proposed use of CHP funding; and c) how your agency will use the funds to reorient its mission or enhance its commitment to community policing. The COPS Office defines community policing as a philosophy that promotes organizational strategies, which support the systematic use of partnerships and problem - solving techniques, to proactively address the immediate conditions that give rise to public safety issues such as crime, social disorder, and fear of crime. CHP grants must be used to initiate or enhance community policing activities. All newly hired, additional or rehired officers (or an equal number of redeployed veteran officers) funded under CHP must engage in community policing activities. 14. Contracts With Other Jurisdictions. Grantees that provide law enforcement services to another jurisdiction through a contract must ensure that officers funded under this grant do not service the other jurisdiction, but will only be involved in activities or perform services that exclusively benefit the grantee's own jurisdiction. Grantees cannot use CHP funds to pay for a contract to receive law enforcement services from another agency. 15. False Statements. False statements or claims made in connection with COPS grants may result in fines, imprisonment, or debarment from participating in federal grants or contracts, and /or any other remedy available by taw. 16. Additional High -Risk Grantee Requirements. The recipient agrees to comply with any additional requirements that may be imposed during the grant performance period if the awarding agency determines that the recipient is a high -risk grantee (28 C.F.R. Parts 66 and 70). Page 2 of 2 47 U. S. Department of Justice ` Community Oriented Policing Services Grants Administration Division COPS Hiring Program 1100 Vermont Avenue, NW Washington, DC 10530 Memorandum To: Interim Chief of Police. Andy Hwang Federal Way, City of From: Andrew A. Dorr, Assistant Director for Grants Administration Re: COPS Hiring Program Financial Clearance Memo A financial analysis of budgeted costs has been completed. Costs under this award appear reasonable, allowable, and consistent with existing guidelines. Exceptions / Adjustments are noted below. OJP Vendor #: 911462550 ORI #: WA01736 DUNS #: 612509901 Grant #: 2010UMWX0338 Budget Category Proposed Budget Approved Budget Adjustments Disallowed /Adjusted - Reasons /Comments Personnel $647,856.00 $647,856.00 $0.00 Fringe Benefits $388,440.00 $388,440.00 $0.00 Direct Costs: $1,036,296.00 $1,036,296.00 $0.00 Grand Total $1,036,296.00 $1,036,296.00 $0.00 Grand Total: Federal Share: $ 1,036,296.00 Applicant Share: $ 0.00 Cleared Date: Overall Comments: 48 V - o y y o 17 V Q b v v d f.J as ce) at y > A A CV 0 CI 03 u O ° CIO .1 0 CA 43 CD 0 0 +... O; 0 p p 0 16 D N .- M 00 00 n O C M M p ,'-40 Q a F s9 v9 F 6 N a ° o O 0 o 0 N O 7g O O 0 7, 0 O .w' c; 0 . = .. Q U 0 U 0 O •-■ '71- 4... i--1 00 U w cp.' o M VD C./ • , F F 69 .= VI 0 0 r7 o v c ° rn Cr.. O w O . o o, o W U U N N y M 0 M O +� ■O O O O et C. c c / --4 O r•i O A d .7t. d r,, b9 b4 En V - w I' y U 0 i. 00 .r 3. 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COMMITTEE: PRHS &PS COMMITTEE MEETING DATE: Nov. 9, 2010 CATEGORY: ® Consent ❑ Ordinance 1 1 Public Hearing (1 City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: DEPT: Attachments: 1. PRHS &PS Committee Memo 2. Grant and Donation Process — Appendix L 3. Application Summary Options Considered: 1. Accept the BVP Grant 2. Reject the BVP Grant • STAFF RECOMMENDATION: Option 1 CITY MANAGER APPROVAL: 0.1.h L, /0/6/1 0/0 DIRECTOR APPROVAL: ..-.-1 """y 7 Committee Council Committee Council COMMITTEE RECOMMENDATION: I move to forward the proposed Agreement to the November 16, 2010 Council consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the 2010FY B VP Grant Acceptance effective September 17, 2010, with a total compensation of $15,164.57, and authorize the City Manger to sign the Grant Agreement if signature required" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading ❑ TABLED /DEFERRED /NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # 51 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: November 9, 2010 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Brian J. Wilson, City Manager /Police Chief FROM: Andy J. Hwang, Assistant Police Chief SUBJECT: 2010 Ballistic Vest Partnership (BVP) Grant. On September 17, 2010, the Ballistic Vest Partnership (BVP) Grant was approved. The grant will provide the Police Department $15,164.57 for the purchase of Ballistic Vests. The grant requires $15,164.57 in matching city funds. The source of the 2010 BVP grant matching funds has been identified as 2010 Police salary savings. The.BVP Grant application was approved by Council on 6/15/10. The Police Department now seeks approval to accept the grant funds. 1 52 Appendix L Grants and Donation/Contribution Process Grants In general, Council authorization is required throughout the various stages of the grant process. Grant Application: Prior to submitting a grant application, staff must seek Council authorization to apply for the grant. The request is made to the appropriate Council committee. Information is presented on the agenda bill and memo which should include a broad description and purpose of the grant, funding agency, grant amount, local match requirements, and any ongoing costs. Grants that do not require local match should still go through Council authorization process. Grant Acceptance: Prior to accepting a grant award, staff must seek Council authorization. The request is made to the appropriate Council committee. Information is presented on the agenda bill and memo which should include background information and the specifics of the grant requirements including local grant match and proposed funding source, and ongoing costs such as replacement reserves and maintenance and operations. Departments are responsible for maintaining grant files and related documents as required by the granting agency and/or federal /state guidelines. Departments should inform the appropriate finance liaison of grant awards so Finance may appropriately budget, account and report the grants. Donations & Contributions In general, donations and contribution are a good thing and should be presented to Council Committee as either an action or informational item. If City's financial or operational commitment is required, staff must seek Council authorization to accept the donation /contribution. Any associated costs (i.e. maintenance & operations and replacement reserves if it meets the capitalization threshold) should be identified along with the proposed funding source. If there is no City commitment, staff should present to Council Committee as an informational item. There may be instances (these are exceptions and should be reviewed case -by -case) where presenting as an informational item may not be necessary. In that case, the City Manager must be informed. Departments should inform the appropriate finance liaison of grants /contributions so Finance may appropriately budget, account and report on them. 53 Application History Application Summary cri� A1.121-0235 Section Status > A pP History > pp (Expires: 10/31/2006) Application Profile Jurisdiction's Vest Replacement Cycle_: 5 Years Unspent BVP Funds Obligated for Vest Purchases: $15,834.88 Emergency Replacement Needs: 0 Application Details Date Submitted to BVP: 05/13/10 Application Status: Approved by BVP Application Summary for FY2O1O Regular Solicitation Applicant Quantity Total Cost Date Status Submitted FEDERAL WAY CITY 39 $30,329.13 05/13/10 Approved by BVP View Details Grand Totals: 39 $30,329.13 Award Summary for FV2O1O Regular Solicitation Funds Type Eligible Award Date Status Amount Approved Regular Fund $30,329.13 $15,164.57 09/17/10 Approved By BVP Grand Totals: $30,329.13 $15,164.57 54 COUNCIL MEETING DATE: November 16, 2010 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF ENUMCLAW, WASHINGTON AND THE CITY OF FEDERAL WAY, WASHINGTON FOR THE HOUSING OF A MINIMUM OF FIVE (5) INMATES IN THE ENUMCLAW CITY JAIL. POLICY QUESTION: Should the City of Federal Way / Federal Way Police Department amend the existing agreement with the City of Enumclaw to provide a minimum of five (5) jail beds? COMMITTEE: Parks, Recreation, Human Services and Public Safety MEETING DATE: November 9, Council Committee - (PRHS&PS) 2010 CATEGORY: ® Consent ❑ O rdinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Steve Arbuthnot, Commander DEPT: Police Attachments: 1. PRHS &PS Staff Memo 2. Interlocal Cooperative Agreement for Jail Services with the City of Enumclaw 3. Amendment to Cooperative Agreement for Jail Services with the City of Enumclaw Options Considered: 1. Accept the amendment to the Interlocal Cooperative Agreement for Jail Services 2_ Reject the amendment to the Interlocal Cooperative Agreement for Jail Services STAFF RECOMMENDATION: Staff recommends Option #1 CITY MANAGER APPROVAL: a_iAJti.hM ( r DIRECTOR APPROVAL: Committee Council Committe Councy COMMITTEE RECOMMENDATION: "I MOVE TO FORWARD THE AMENDED INTERLOCAL COOPERATIVE AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND THE CITY OF ENUMCLAW FOR THE HOUSING OF A MINIMUM OF FIVE (5) INMATES IN THE ENUMCLAW JAIL TO THE NOVEMBER I 617 CITY COUNCIL CONSENT AGENDA FOR APPROVAL." Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the amended Interlocal Cooperative Agreement between the City of Federal Way and the City of Enumclaw for the housing of a minimum of five (5) inmates in the Enumclaw Jail, and authorize City Manager /Police Chief Brian Wilson to sign such Agreement. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL it ❑ DENIED 1ST reading ❑ TABLED /DEFERRED /NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 08'12 2010 RESOLUTION # 55 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: November 9, 2010 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Brian J. Wilson, City, Manager /Chief of Police FROM: Andy Hwang, Assistant Chief of Police SUBJECT: Amendment to the Interlocal Agreement between the City of Federal Way and the City of Enumclaw for the housing of inmates in the Enumclaw Jail Background The City of Federal Way currently has an Interlocal Agreement with the City of Enumclaw for jail services to house misdemeanor inmates. The City of Federal Way primarily utilizes the Enumclaw Jail for newly arrested inmates or for inmates with short term sentences. Due to the estimated increase in daily rates proposed by the Yakima County Jail for 2011, the Federal Way Police Department has begun looking for alternative locations and alternative options available to help minimize jail costs. The daily rate proposed by Yakima County Jail, starting in 2011 will be $100 per inmate per day. Federal Way currently pays the City of Enumclaw $55 per inmate per day, with the City of Enumclaw reserving the right to increase to $65 per inmate per day. We are proposing to amend our current Agreement with the City of Enumclaw so that the City of Federal Way will be guaranteed a minimum of five (5) inmate beds. This amendment to the Interlocal Agreement with Enumclaw will allow the City of Federal Way to realize a potential savings in jail costs for 2011, of approximately $35 - $45 per inmate per day, over housing in Yakima. 1 56 CITY Of CITY HALL 33325 8th Federal Way Feder 8th y, WA South 03- • 18 Box 9718 Federal Way, WA 98063 -979 8 (253 )835 -7000 www alyoffederaiway coin AMENDMENT NO. 1 TO INTERLOCAL AGREEMENT FOR HOUSING OF INMATES IN THE ENUMCLAW CORRECTIONS FACILITY This Amendment ( "Amendment No. 1 ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and the City of Enumclaw, a Washington municipal corporation ( "Contractor "). The City and Contractor (together "Parties "), for valuable consideration and by mutual consent of the parties, agree to amend the original Agreement for Housing of Inmates in the Enumclaw Corrections Facility ( "Agreement "), dated effective January 1, 2010, as follows: 1. CORRECTIONS FACILITY AVAILABILITY. The Corrections Facility Availability, as described in Section 1 of the Agreement, shall be amended_ to read as follows: Enumclaw shall make available for Federal Way inmates a minimum of five (5) beds per day, and shall accept and house a minimum of five (5) Federal Way inmates per day. Enumclaw also agrees to make additional beds in excess of five (5) available to Federal Way on a "first come, first served" or "space available" basis. 2. AMENDED COMPENSATION. The amount of compensation, as referenced by Section 2 of the Agreement, shall be amended as follows: (a) Rates. Beginning December 1, 2010 the City of Federal Way agrees to commit to and pay for five (5) beds per day, at the rate set forth in Section 2 of the original Agreement. The City of Federal Way agrees to pay for any additional beds used on a "first come, first served" basis exceeding the five (5) beds committed too in this amendment. 3. GENERAL PROVISIONS. All other terms and provisions of the Agreement, together with any prior amendments thereto, not modified by this Amendment, shall remain in full force and effect. Any and all acts done by either Party consistent with the authority of the Agreement, together with any prior amendments thereto, after the previous expiration date and prior to the effective date of this Amendment, is hereby ratified as having been performed under the Agreement, as modified by any prior amendments, as it existed prior to this Amendment. The provisions of Section 13 of the Agreement shall apply to and govern this Amendment. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. [Signature page follows] 57 A tr• r % Trs rr . . CITY o Fede ral d ra l Way 33325 8th A 8 063 • 18 Box 9718 �" Federal Way , WA WA 98063 -9718 (253) 835 -7000 www.aiyo iwaycorn - IN WITNESS WHEREOF, the above and foregoing Amendment has been executed in duplicate by the parties hereto and made effective on the day and year first above written: CITY OF FEDERAL WAY CITY OF ENUMCLAW Brian Wilson, City Manager /Chief of Police City of Enumclaw, Mayor ATTEST: ATTEST: Carol McNeilly, CMC, City Clerk City of Enumclaw, City Clerk Approved as to Form: Approved as to Form: Patricia A. Richardson, City Attorney City of Enumclaw, City Attorney 58 A n4 \at.\; 1 1 J r I Il aim o• are HALL 333258th Avenue South - P4 Sox 'S718 % r (253)535. A 3 980638718 • wirg000dbdormAitWoxif INIERLOCAL AGREEMENT TWEN ern OF ENUMCLAW, WASHINGTON '. AND THE cr[ OF FEDERAL WAY, WASHINGTON FOR THE HOUSING OF INMATESIN THE ENUMCLAW "CORRECTIONS THIS IN ER .00AL AGREEMENT is dated effective.this 'l'`ofJanuary 2010 by and between City of Fes: Way, Washington, arMunicipal Corpncation,; and the of Enumclaw,a Washington, M i Corporation, each y ditty organized and cFu,.. andnow exsting:under the taws of the:State of Wn, WHEREAS, t ChiefolPOlicefOr the C ty of Enumclaw(hereinafer "Enumclaw") is authorized by law to have char a and custody, of the: City of Enumclaw Corrections Facility (hereinafter "Enumclaw C,orrecdons F'acility "); and WHEREAS,: the City Manager -for the City of Federal,Way (hereinafter "Federal Way ") is authorized by law to have charge and custody of Federal' Way prisoners or inmates; es; and WHEREAS, Federal Way wishes to designate the Enumclaw Corrections Facility.as a place of confinement for the incarceration of one or= more inmates- lawfully committed to its custody; and WHEREAS, Enumclaw desires to accept and keep in its custody such inmate(s) in the Enumclaw Corrections Facility for a rate of compensation mutually agreed upon by the parties hereto; and WHEREAS, RCW 39.34.08 and other Washington law, as amended, authorizes any city to enter into an interlocal agreement to permit another city to perform any governmental service, activity or undertaking which either city is authorized by law to perform; and WHEREAS, the governing bodies of each of the parties hereto have determined to enter into the Agreement as authorized and provided for by RCW 39.34.080 and other Washington law, as amended; NOW, THEREFORE, in consideration of the above and foregoing recitals, the payments to be made, the mutual promises and covenants herein contained, and for other good and valuable consideration, the parties hereto agree as follows: 1. CORRECTIONS FACILITY AVAILABILITY Enumclaw shall make available for Federal Way inmates on a "first come, first served" or "space available" basis. 2. COMPENSATION (a) Rates. The cost of Enumclaw's care of all Federal Way inmates herein shall be $55.00 per day, per bed/inmate, effective beginning January I, 2010 through December 31 2011. The parties agree that Enumclaw will not charge a separate booking fee in addition to such rates_ Enumclaw reserves the right to increase the daily bed rate to $65.00 per day with a 90 day written notice to Federal Way prior the increase. (b) Billing and payment. Enumclaw agrees to provide Federal Way with an itemized bill listing all interlocal Jai! Services Agreement Pa59 of f^ the { i_'. o' E rmmcia :� ' ',f �icr_il V . Fit Enumclaw Bct . � r s�, t he ( it E cart of CITY BALL • Federal ' 33325 8th Avenue south • PO Sox 9718 Federal Way, WA 98063 -9718 (253) 835 -7000 www.atyoffederaMeycom names of inmates who are housed, the case citation number, the number of days housed (mcluding the date and time of booking and date and time of release), and the dollar amount due for each. Enumclaw agrees to provide' said bill by the 10th of each month. Federal Way agrees to make payment to Enumclaw within thirty (30) days of receipt of such bill fur the amount billed for the previous calendar month. 3. DURATION OF INMATE STAY/TYPES OF INMATES At the time a person is presented to the Enumclaw Corrections Facility for booking by a Federal Way officer, the Enumclaw corrections staff will determine whether the suspect and/or prisoner will be accepted for booking. Enumclaw reserves,the right, in its sole discretion, to not accept persons injured, extremely ill, or exhibiting behavior that presents an-obvious danger to the staff or other inmates. In the event a prisoner is not accepted for booking, Enumclaw shall provide written notice (email is acceptable) to the Federal Way Jail Coordinator indicating why booking was declined. (a) Duration ofIirmate.Stay. The parties agree that the maximum length of stay per inmate, including pre -and post - trial, may not exceed 365 consecutive calendar days per misdemeanor sentence. (b) Types of Inm ates accepted by umclaw Correctio Facility. Federal Way may not book violent felons into the Enumclaw CorrectionsFatcility. "Violent felon" is defined as any person being held for suspicion, warrant, or arrest for.-any felony crime against a person. Federal Way may book nonviolent felons for a one -night stay provided that Federal` Way transports any such nonviolent felons the following day to another Corrections Facility. (c) Collection of insurance information. Enumclaw agrees to collect medical insurance information from inmates when they are booked into the Enumclaw Corrections Facility pursuant to RCW 70.48.130. 4. RIGHT OF INSPECTION Federal Way shall have the right to inspect, at all reasonable times, all of the Enumclaw Corrections Facility in which Federal Way's inmates are confined in order to determine if such Corrections Facility maintains standards of confinertient acceptable to Federal Way and that such inmates therein are treated equally regardless or race, religion, color, creed or national origin; provided, however, that Enumclaw shall be obligated to manage, maintain and operate its facilities consistent with all applicable federal, state and local laws and regulations. 5. FURLOUGHS, PASSES, AND WORK RELEASE Enumclaw agrees that no early releases or alternatives to incarceration, including furloughs, passes, work crews, electronic home detention, or work release shalt be granted to any inmate housed pursuant to this Agreement without written authorization by the committing court. Provided, Enumclaw shall be under no obligation to allow furloughs, passes, work crews, electronic home detention or work release. 6. INMATE ACCOUNTS AND VALUABLES (a) Enumclaw shall establish and maintain an account for each inmate received from Federal Way and shall credit to such account all money which is received and shall make disbursements, debiting such accounts in accurate amounts for the inmate's personal needs. Disbursements shall be made in limited amounts as are reasonably necessary for personal maintenance. At either the termination of this Agreement, the inmate's death, or return to either Federal Way or indefinite release to the court, the inmate's money shall be transferred to the inmate's account in care of Federal Way. Upon release from incarceration, Enumclaw shall return any remaining money to the prisoner. (b) Enumclaw shall receive and store property for Federal Way inmates. The property shall fit in a property bag such as a paper grocery bag or small clear plastic bag. (nterlocal Jail Services Agreement Pa_6Q of 6 Retween the (t of Enumclaw & the City of Federal Wee / 6F Enumclaw at* oat Cali t ` 33325 South -PO Box 9718 t t/ � ' r k ,` PocivaliNst WA'98063=9718 Shidlbarthatatispatiall)lligyotitnunclaw LI confine the ac iamates;10 provide includins the nalgthillit OCSUbagelnat and all; necessary medical andhospitatservicesand supplies; to p 1hr the 's mods;, to make available to the - iss and<or treatment-consistent with the individual needs; tO retain trent in said custody; to supervise them; to maintain proper discipline and control; to'rlakecertain:that they receive. no >special.privileges andthat the sentence and orders of the committing court indict State areahiithfially execute provided that nothinghereincontained 'shall be consigned to rewire Enumclaw; Of Say ' gf its amts, tO provide tteatment, £ Wit es or programs for any in/natty, in/natty confined pursuant to this Wit; which it does not provide for similar- inmates not confined pursuant to this: Agnsententorwhicliarenot otherwise required* law. (a) thrnata fratn. Federal Way shall receive and Enumclaw shall arrange for such medical, psychiatric and dental. trzatmant as may laa>necessary to safeguard their health while housedin the: Enumclaw Corrections Facility and shall notify Federal Way prior to any consultation, for non - emergency= outside services. Except for in-house routine minor medical services that can be treated by. Enuniclaw,Conections Facility std tederat Way shall lay. ' eetly, or'reimburse Enumclaw f all costs-associated with' the delivery of any medical. c antWordental services provided to Federal Way inmates; provided that Federal Way has the option to remove: imitates,.; ifat Federal Way's discretion, it believes that another Corrections Facility would be more. appropriate for addressing the inmate's medical needs. (b). Enumclaw shall keep adequate records of all such services and said'records shall be available for Federal Way's review at its request. - (c) Except in. emergencies, Federal Way will be notified by contacting the Federal Way Police Department on duty supervisor or Commander at (253) 8354851, prior to the inmate's transfer to a hospital and nothing herein shall preclude Federal Way from retaking the ill or injured inmate(s). Any emergency medical, psychiatric, or dental services shall be reported to Federal Way as soon as time permits. (d) If inmates held on Federal Way charges are transported to a local hospital facility, the short term security of said inmates shall be the responsibility of the City of Enumclaw. Short term security is defined as one to two hours. 9. DISCIPLINE Enumclaw shall have physical control over and power to execute disciplinary authority over all Federal Way inmates. However, nothing contained herein shall be construed to authorize or permit the imposition of a type of discipline prohibited by the Laws of the State of Washington. 10. RECORDS AND REPORTS Enumclaw shall keep all necessary and pertinent records concerning Federal Way inmates in the manner mutually agreed upon by the parties hereto. During an inmate's confinement in the Enumclaw Corrections Facility, Federal Way shall upon request be entitled to receive and be furnished with copies of any report or record associated with said inmate(s) incarceration. 11. REMOVAL FROM THE CORRECTIONS FACILITY A Federal Way inmate legally confined in the Enumclaw Corrections Facility shall not be removed there from by any person without written authorization from Federal Way or by order of any court having jurisdiction. Enumclaw agrees that no early releases or alternatives to incarceration, including furloughs, Interlocat fail Services Aercement PI OD ut 6 Rgh,v �1� Ctt- Oi Fnu(T.V.;13N rl`C ( F-' fI?'im_;7(Qw CITY Of ct HALL �� 33325 8th Avenue South - PO Box 9718 y Federal Way, WA 98083 -9718 (253) 835 -7000 InovatyoffederaMeycom passes, work release, work crews or electronic home detention AM' be granted to any inmate without written authorization from the committing court. This paragraph shall not apply to an emergency necessitating the immediate removal- of the inmate for - medical, dental, psychiatric treatment or other catastrophic condition present an imminent danger to the safety of the inmate or to other inmates or Enumclaw Corrections Facility personnel. In the event of any such emergency removal, Enumclaw shall inform Federal Way of the whereabouts of the inmate or inmates so removed, at the earliest practicable time, and shall exercise all reasonable care for the safekeeping and custody of such inmate or inmates. 12. !!CAPES In the event any Federal Way inmate shall escape from Enumclaw's custody, Enumclaw will use all reasonable means to recapture the inmate. The escape shall be reported immediately to Federal Way. Enumclaw shall have the primary responsibility for and authority to file escape charges and direct the pursuit and retaking . of the inmate or inmates within its own- jurisdiction. Any cost in connections therewith shall be chargeable to and borne by Enumclaw; however, Enumclaw shall not be required to expend unreasonable amounts to pursue and return inmates from other states.or other countries. 13. DEATH: OF AN INMATE (a) In the event of the death of a Federal Way inmate, the King County Coroner shall be notified. Federal Way shall receive copies of any records made at or in connection with such notification. (b) Enumclaw shall immediately notify Federal Way of death of Federal Way inmate, furnish information as requested and follow the instructions of Federal Way with regard to the disposition of the body. The body shall not be released except on written order of the appropriate officials of Federal Way. Written notice pertaining to the release shall be provided within three weekdays of receipt by Federal Way of notice of such death. All expenses relative to any necessary preparation of the body and shipment charges shall be paid by Federal Way. With Federal Way's consent, Enumclaw may arrange for burial and all matters • related or incidental thereto, and all such expenses shall be paid by Federal Way. The provisions of this paragraph shall govern only the relations between or among the parties hereto and shall not affect the liability of any relative or other person for the disposition of the deceased or for any expenses connected therewith. (c) Federal Way hall receive a certified copy of the death certificate for any of its inmates who have died while in Enumclaw's custody. 14. REMOVING OF INMATES Upon request from Enumclaw, Federal Way shall, at its expense, remove any Federal Way inmate not meeting the intake criteria outlined in part 3 above, within (4) hours after receipt of such request. In the event the confinement of any Federal Way inmate is terminated for any reason, Federal Way shall, at its expense, retake such inmate from the Enumclaw Corrections Facility. In the event Enumclaw requests a prisoner be removed, Enumclaw shall provide written notice (email is acceptable) to the Federal Way Jail Coordinator indicating why Enumclaw requested removal of the Inmate. 15. GOVERNING LAW The parties hereto agree that, except where expressly otherwise provided, the laws and administrative rules and regulations of the State of Washington shall govern in any matter relating to an inmates) confined pursuant to the Agreement. 16. DURATION This Agreement shall enter into full force and effect from January 1 2010, and end December 31 Interlocal Jail Services Agreement Pam 2 of 6 Bem;:en the C ity ofEnurnclaw & the City of Federal Way Fhb Enumclaw • eaa r.nv HALL 3332$ 811t Avenu4 South • PO 8aor 9718 , Federal_ - lAtay- leideral W4 WA 98063 -9718 13° rnvw.etcom 2011, subject to MA. tiatriaatiurt as provides by Se> tion. 'Therein.. This Agreement may be renewed f onerair parfaits wader such mcrosacdco Lion -ash es may d . Nothing in the Agreement Shan beeenstruolle Few Way to houses inmates in the Enumclaw Corrections Facility coati: 17. Ir ` (a) By either party- This A t may be terminated by written notice from either party to the other party, &lima by e'_ maa 10 the contact person identified herein, provided; that. termination shall become . effooiwt sixty (60 wo ig.days a receipt of such notice Federal' Way agues to remove any inmate(s) from the >eaumctase Ottrectknn Facility by the close of sate' sixty (60) day- flake Period. (b) BY Fedend Way due to lack of fbacrtng The obligation of Fedeaal Way to pay Enumclaw under the provision ofthis:Agmemen barna the close of themes* fiscal year (December 31, 2010) is expressly mole coethigent upon the app on, budgeting availability of fiords by Federal Way. In the event that nnek fonds are Ilabedgered. appropriated or otherwise.made available for the purpose of payment i. under this meant at any time after der 31, 2010, then Federal Way shall have the option of 'ermtradna the= Agreement upon vwritten notice to Enumclaw, except that all services provided to that point shall be compensate at the aged rate. The termination of this. Agreement for this reason will not cause any penalty tube charge: Ito Fell Way. (c) In the event of te nination of this Agreement for any reason, Federal Way shall compensate Enumclaw for prisoners housed by Enumclaw act-notice of such termination until Federal Way retakes its inmates. Compensation: shall be paid in the same manner and at the same rates set forth under Section 2, just as if this agreement had not been terminated. 18. MAILING ADDRESSES All notices, reports, and correspondence to the respective parties of this Agreement shall be sent to the following: t City of Enumclaw: City of Enumclaw 1705 Wells Street Enumclaw, WA 98022 Contact Person: Tyler M. Chilman, Assistant Jail Commander City of Federal Way: City of Federal Way 33325 8 Ave. S. PO Box 9718 Federal Way, WA 98063 -9718 Contact Person: Beth Meshkoff, Jail Coordinator 19. HOLD HARMLESS AND INDEMNIFICATION Enumclaw will assume the liability for the custody and care of Federal. Way prisoners once they are in the custody of Enumclaw. Enumclaw shall defend, indemnify and hold Federal Way, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including reasonable attorney fees, arising out of or in connection with the performance of this Agreement, except for . injuries and damages caused by the sole negligence of Federal Way and for any claims of false arrest or false imprisonment, for which Federal Way shall defend, indemnify and hold Enumclaw harmless, including (nterlocal Jail Services Agreement Pael of 6 Bah een the Cit: o` Fnumcla' & the Cit:::f f- dera! W FGl Enumclaw A ii64 CITY OF' C17Y MALI_ ' .. Feder 8th A WA South • Box 9718 �' Federal Way WA 98063 -971& 18 (253) 835 -7000 • wewaryrolred&aMey.com reasonable attorneys fees. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of Enumclaw and Federal Way, its officers, officials,. employees, and volunteers, Enumclaw's liability hereunder shall be only to the extent of Enumclaw's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes Enumclaw's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 20. ELLAM (a) Federal Way prisoners incarcerated in the Enumclaw Corrections Facility pursuant to this Agreement shall be transported to Enumclaw by and at the expense of Federal Way and shall be returned, if • necessary, to Federal Way by Federal Way personnel and at Federal Way's expense. Enumclaw is not responsible for transportation of Federal Way prisoners under this Agreement and shall be reimbursed by Federal Way for any actual expenses incurred in transport of an inmate if, in fact, transportation of an inmate by Enumclaw becomes necessary. (b) A copy of this agreement, once executed, will be filed with King County as required by RCW 39.34.040. (c) This Agreement replaces and supersedes all prior agreements between the Parties relating to Corrections Facility services. IN WITNESS WHEREOF, the above and foregoing r±eg urn Agreement has been executed in duplicate by the parties hereto and made effective on the day and year first above written: CITY OF FEDERAL WAY CITY OF ENUMCLAW Brian son, City Manager/Chief of Police o numc aw, yor ATTEST: ATTEST: 0,N■tk M L Carol McNeilly, CM City CI e City of Enumclaw, Ci ► Jerk Approved as to Form: Approved as to Form: Patricia A. •chardso City Attorney n, ty rn y City of Enumclaw, City Attorney Interlocal lail Services Agreement Pa g g ul6 Between the City of Enumclaw & the City of Federal Way �4 / tG' Errunzclaw COUNCIL MEETING DATE: November 16, 2010 ITEM tt: - CITY OF FEDERAL WAY CITY COUNCIL • AGENDA BILL SUBJECT: Secure Our Schools (SOS) Grant Program Award POLICY QUESTION: Should the City of Federal Way City Council accept the SOS grant awarded to the Police Department by the U. S. Department ofJustice, Office of Community Oriented Policing to fund an updated UHF radio system for Federal Way Public Schools(FWPS)? The grant is for $28, 097, with matching funds being divided between FWPD, FWPS, and The Greater Federal Way Emergency Operations Oversight Committee (GFW EOC). FWPD, FWPS, and GFW EOC have agreed to provide the matching funds. COMMITTEE: Parks, Recreation, Human Services and Public Safety MEETING DATE: November 9, Council Committee - (PRHS &PS) 2010 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Sandy Tudor, Lieutenant DEPT: Police Attachments: 1. PRHS &PS Memo • 2. The Grant Award Memorandum Options Considered: 1. Accept The SOS grant 2. Reject grant STAFF RECOMMENDATION: Staff recommends Option 1. CITY MANAGER APPROVAL: {2� (.Jt lk.� t 4)131 DIRECTOR APPROVAL: �y x /1/0 Committee Council Committ udcil COMMITTEE RECOMMENDATION: I move to forward the proposed acceptance of the grant award to the November 16, 2010 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the SOS Grant to fund an updated UHF radio system for the Federal Way Public Schools effective September 1, 2010 through August 31, 2012 with a total grant award of $28, 097 and authorize the City Manager to sign said agreement." (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 — 08/12/2010 RESOLUTION # 65 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: November 9, 2010 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Brian J. Wilson, City Manager /Police Chief FROM: Andy Hwang, Assistant Chief of Police SUBJECT: Approval of the Secure Our Schools Grant Program Award Background The Federal Way Police Department (FWPD) and Federal Way Public Schools (FWPS) have a long history of collaboration. The school resource officers (SROs) and the FWPS security officers have worked together to keep the schools safe and make the learning environment conducive to academic achievement. Over the years, it has become evident that the current UHF (450 -470 MHz) radio system, owned by FWPS, is deficient for communication within school campuses. The SROs, school security, and school administrators use this as a primary means of communication within the campus everyday for disruptive students, fights, medical emergencies, and a. variety of other criminal and non - criminal issues. These radios transmit well within school buildings, but are incapable of transmitting or receiving information off campus grounds; Because of the small range on these radios, SROs and school security cannot communicate with the school campuses by radio when more than a block away from the school. Additionally, the system does not allow for intercommunication between the schools, transportation, school security, and SROs. The deficiency in this radio system has caused significant student, staff, and officer safety issues over the years. The Secure Our Schools Grant, funded by the U. S. Department of Justice, Office of Community Oriented Policing awarded a grant to the Federal Way Police Department for this project. The grant period is from September 1, 2010 to August 30, 2012. The total amount of the grant is $28,097. This grant requires matching funds to be supplied by the receiving agency. Due to the capabilities of this radio project, the FWPD, FWPS, and the Greater Federal Way Emergency Operations Oversight Committee have agreed to divide the matching fund amount of $28,096 evenly between them, which totals $9365.33. 1 66 U. S. Department of Justice ,+ Community Oriented Policing Services Grants Administration Division Secure Our Schools 1100 Vermont Avenue, NW • Washington. DC20530 Memorandum To: Interim Chief of Police Andy: Hwang Federal Way, City of From: Andrew A. Dorr, Assistant Director for Grants Administration John Wells, Grant Program Specialist Budget Prepared By: Lynette Chambliss, Grant Program Specialist Re: Secure Our Schools Financial Clearance Memo A financial analysis of budgeted costs has been completed. Costs under this award appear reasonable, allowable, and consistent with existing guidelines. Exceptions /Adjustments are noted below. OJP Vendor #: 911462550 ORI #:" WA01736 DUNS #: 612509901 Grant #: 2010CKWX0654 Y Budget Category Proposed Budget Approved Budget Adjustments Disallowed /Adjusted - Reasons /Comments Equipment $56,193.00 $56,193.00 $0.00 Direct Costs: $56,193.00 $56,193.00 $0.00 Grand Total $56,193.00 $56,193.00 $0.00 Grand Total: Federal Share: $ 28,097.00 Applicant Share: $ 28,096.00 Cleared Date: 8/13/2010 Overall Comments: 67 4 68 COUNCIL MEETING DATE: November 16, 2010 ITEM #: CITY OF FEDERAL WAY C ITY COUNCIL AGENDA BILL SUBJECT: WASHINGTON TRAFFIC SAFETY COMMISSION (WTSC) GRANT FOR 2010/2011 POLICY QUESTION: Should the City of Federal Way /Federal Way Police Department approve a Memorandum of Understanding (MOU) with WTSC for fund up to $9000 in overtime monies for the Police Department to conduct emphasis patrols for impaired driving, speeding and seat belt enforcement from October of 2010 to December 2011? COMMITTEE: PRHSPS MEETING DATE: Nov. 9, 2010 CATEGORY: 1 1 Consent ❑ Ordinance ❑ Public Hearing 1 1 City Council Business ❑ Resolution ® Other Information Only STAFF REPORT BY: Lt. Mark Bensen DEPT: Police Attachments: 1. PRHS &PS Committee Memo 2. MOU from WTSC Options Considered: Information only STAFF RECOMMENDATION:. N/A / CITY MANAGER APPROVAL: 41„/A...., /6/)1J» 3 DIRECTOR APPROVAL: _' w+.+.y/ 40. Committee Council Committe Council COMMITTEE RECOMMENDATION: N/A Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: N/A - Information Only (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading ❑ TABLED/DEFERRED /NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # 69 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: November 9, 2010 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Brian J. Wilson City Manager /Police Chief FROM: Andy J. Hwang, Assistant Chief of Police SUBJECT: Acceptance of WTSC Grant Money to conduct overtime traffic emphasis patrols. Background The Washington Traffic Safety Commission (WTSC) sent the City Of Federal Way a Memorandum of Understanding (MOU) to accept grant funded overtime monies. The funding would be for the Police Department to conduct overtime emphasis patrols for traffic safety from October of 2010 to December of 2011. There are three areas of emphasis funding for a total of $9000. Impaired driving $5,000, Speeding $2,800 and Seat Belt enforcement $1,200. Proposal That the City Of Federal Way accepts the grant funded overtime monies from the WTSC. Funding Source Washington Traffic Safety Commission grant funding. 1 70 0 tiY MEMPAANOWIll, OF uttowsrwpip WASHINGTON TRAFFIC SAFETY COMMISSION THIS, AGREEMENT, pursuant to Chapter 39.34 RCW, is made and entered into by and between the FEDERAL WAY POLICE DEPARTMENT and the Washington Traffic Safety Commission (WTSC). IT IS THE PURPOSE OF THIS AGREEMENT to provide- overtime funding to law enforcement agencies to conduct high visibility enforcement (HVE) traffic safety emphasis patrols, in support of Target Zero priorities and in accordance with the scope of work as outlined below, TERM: October 1, 2010 September 30, 2011. AMQUNT Impaired Driving: $5,000.00 CFDA# 20.601 Speeding: $2,800.00 CFDA#: 20.600 Seat Belts: $1,200.00 CFDA # 20.602 These funds shall not be commingled and are only to be utilized for the specific emphasis area. IT IS, THEREFORE, MUTUALLY AGREED THAT: 1. GOAL: To continue reducing traffic related deaths and serious injuries by engaging in HVE patrols in the areas of impaired driving, speeding and occupant protection 2. SCOPE OF WORK: Impaired Driving: FEDERAL WAY POLICE DEPARTMENT will engage in HVE patrols for all or part of the following: Holiday DUI Patrols; November 25, 2010 - January 2, 2011 St. Patrick's Day DUI Patrols; March 11, 2011 - March 20, 2011 Summer Kick -Off DUI Patrols; June 24, 2011 - July 5, 2011 Drive Hammered Get Nailed (DHGN) Labor Day DUI Crackdown; August 19, 2011 - September 5, 2011. 71 Created August 24, 2010 Page 1 of 6 These patrols shall occur in locations where the highest rate of fatality and serious injury collisions caused by impaired driving odor in your geographic area of the state and will not begin before 4.00 pm.; Patrols will occur Friday - Sunday, with the exception of: Thursday, March 17, to cover the St. Patrick's Day holiday Thursday, November 25, to ever Thanksgiving, and Monday, July 4, to cover the 4 of July Holiday. Speeding • FEDERAL WAY POLICE DEPARTMENT will engage in HVE patrols for all or part of the following: July 15, 201 1 — August 7, 2011; these shall occur on the days, times and locations where the highest rate of fatality and serious injury collisions caused by speeding occur in your geographic area of the state. Seat Betts: FEDERAL WAY POLICE DEPARTMENT will engage in HVE seat belt - focused patrols on some or all of the following dates: May 23, 201 1 - June 5, 2011; these shall occur where the Lowest rates of occupant protection use occur in your geographic area of the state. These patrols will not begin before 4:00 pm. FEDERAL WAY POLICE DEPARTMENT agrees to take a zero tolerance approach to seat belt and child car seat violations. 3. CONDITIONS: For each of the emphasis patrols listed above, multi jurisdictional, HVE protocols, as outlined in Addendum A of this document will be followed. These protocols are incorporated in their entirety to this document by reference. Exceptions to these protocols may only be provided by the WTSC Program Director. These are enforcement activities intended to apprehend impaired drivers, speeding drivers and unbuckled vehicle occupants. It is expected that Notices of - Infraction /Citation (NOI /C's) will be issued at contact unless circumstances dictate otherwise. Impaired Driving: FEDERAL WAY POLICE DEPARTMENT shall ensure that officers participating in these patrols are trained in Standardized Field Sobriety Test (SFST) protocols and that officers assigned to the HVE campaigns are qualified to enforce the impaired driving laws. This means that officers are qualified to use "Standardized Field Sobriety Tests" specified by NHTSA/ IACP standard, and are qualified to use the 72 Created August 24, 2010 Page 2 of 6 state's breath testing instruments. This requirement has been expanded, effective October 1, 2010, to include all enforcement activities funded by the WTSC. Speeding. Law enforcement officers will complete the Emphasis Patrol Activity Logs and forward" to their Target Zero Manager within 48 hours of the completion of the patrol. The Target Zero Manager will email the completed forms to iuliefurlonq comcast.net. Seat Belts: Law enforcement officers will complete the Emphasis Patrol Activity Logs and forward to their Target Zero Manager within 48 hours of the completion of the patrol. The Target Zero Manager will email the completed forms to }u l i efurlonq.(comcast.n et All of these patrols are conducted as part of highly publicized efforts. As such, publicity campaigns about these patrols are planned to alert the public to the fact that extra patrols are targeting these violations. Therefore, FEDERAL WAY POLICE DEPARTMENT must provide the names of at least two agency officers who can be available for media requests and questions. *At least one of the individuals fisted below must be available for weekend media contacts, beginning at noon on Fridays before mobilizations: G CoM S JUc Cc-..11 Go et.vva er Name/Title Name/Title 53- ass- 5 253-835-4.1t5 sc.L,toc. { c;t S y e c,t .cot., Office Phone & e -mail 4eLeratww4- cr Phone & e-maT ao4L - 3qt - x3/112 do& - 3g \ -d40 S Cell Phone Cell Phone elo ce�t.A.e_s-tme �:� o� � ee,tc,m t ,\ y}a e �wc 111 Available weekends per above ?* Available weekends per above ?* 4. PAYMENT FOR LAW ENFORCEMENT: FEDERAL WAY POLICE DEPARTMENT will provide commissioned law enforcement with appropriate equipment (vehicle, radar, etc.) and on an overtime basis (not to exceed 1.5 times their normal salary and benefits) to participate in these emphasis patrols. 5. RESERVE OFFICERS: FEDERAL WAY POLICE DEPARTMENT certifies that any reserve officer for whom reimbursement is claimed has exceeded his /her normal monthly working hours when participating i9 emphasis patrol and is authorized Created: August 24, 2010 Page 3 of 6 to be paid the amount requested. FEDERAL WAY POLICE DEPARTMENT understands that reserve officers are not elig ble for overtime for this project. 6. DISPATCH: W SC. will reimburse communications officers/dispatch personnel for work on this ptoject providing FERAL WAY POLICE DEPARTMENT has received' prior approval from the wrsC Program Manager. 7. GRANT AMOUNT: 1 SC will reimburse FEDERAL WAY POLICE DEPARTMENT for overtime salary and benefits. The total cost of overtime and benefits shall not be exceeded: in any one campaign area and funds may not be commingled between campaign areas. This allocation ation. may be increased by your Target Zero Manager during these signs, without amending this agreement PROVIDED THAT the increase in the allocation does not exceed 5O %a of the original agreed amount. Any increase in allocation exceeding 86% will require an amendment to this document. Impaired Driving Campaign: $5,000.00 Speeding Campaign: $2,800.00 Seat Belt: $1,200.00 These funds shall not be commingled and are only to be utilized for the specific . emphasis area. • 8. PERFORMANCE STANDARDS: a. Participating law enforcement officers are required to have a minimum of 3 self- initiated contacts per hour of enforcement. b. Some violator contacts may result in related, time - consuming activity. This activity is reimbursable. c. Other activities, such as collision investigation or emergency response that are not initiated through emphasis patrol contact WILL NOT be reimbursed. 9. REIMBURSEMENT OF CLAIMS: Claims for reimbursement must include: a. Invoice Voucher (A19 -1A Form). 1) FEDERAL WAY POLICE DEPARTMENT identified as the "Claimant "; 2) A Federal Tax ID #; and, 3) Original signature of the agency head, command officer or contracting officer. b. Payroll support documents (signed overtime slips, payroll documents, etc.). c. Emphasis Patrol Activity Logs showing 3 or more self- initiated contacts per hour. Emphasis Patrol Activity Logs cannot be modified. Created August 24, 2010 Page 4 of 6 Payment cannot be made unless these activity logs are included. The Invoice Voucher (A19-1A Form), payroll supporting documents, and Emphasis Patrol Activity Logs shall be submitted to your Target Zero Manager for review. The Target Zero Manager will forward these documents to WTSC for processing and payment. 10. DEADLINES FOR CLAIMS a. First ,Deadling: All claims for reimbursement for emphasis conducted from October 1, to June 30, must be received by WTSC no later than August 15. b. $econd DeacIline: All claims for reimbursement for emphasis conducted between July 1 and September 30 must be received by WTSC no later than November 15. Requests for reimbursement received after these dates will not be honored by the WTSC. WTSC will NOT accept or pay faxed copies of any claims. 11. DISPUTES: Disputes arising under this Memorandum shall be resolved by a panel consisting of one representative of the WTSC, one representative from FEDERAL WAY POLICE DEPARTMENT, and a mutually agreed upon third party. The dispute panel shall decide the dispute by majority vote. 12. TERMINATION: Either party may terminate this agreement upon 30 days written notice to the other party. In the event of termination of this Agreement, the terminating party shall be liable for the performance rendered prior to the effective date of termination. 13. SUPPLANTING DISCLAIMER: I certify that none of the funds for this project supplant the normally budgeted funds of this agency nor do these funds pay for routine traffic enforcement normally provided by this agency. IN WITNESS THEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT. 7 yg_ /7 s e Brian . 'son (Washington Traffic Safety City Manager/Police Chief Commission) Federal Way Police Dept. ib/62//, (Date) (Date) 75 Created. August 24, 2010 Page 5 of 6 Please return TWO original signed MOD's to your r xr x �, n, r v r .> x rltKa'C� S Target . Zero Manager b :A: t....:.4 r .�.. II Bari Vets Target Zero Manager - South king County Kent Ponce Department 220 4 Ave. S. Kent, WA 98032 • A-..+� } ��.'� ' �, �'na»'� - � a�, �rfit��.� . .n \t£�S`>•` X24.....[. t \iS 76 Created August 24, 2010 Page 6 of 6