PRHSPSC PKT 12-13-2011City of Federal Way
City Council
Parks, Recreation, Human Services & Public Safety Committee
December 13, 2011 City Hall
5:30 p.m. H lebos Conference Room
MEETING AGENDA
t. CALL TO ORDER
2. PUBLIC COMMENT (3 minutes)
3. COMMISSION COMMENTS
4. COMMITTEE BUSINESS
Action
Topic
Title/Description
Presenter
Page
or Info
A.
Approval of Minutes: November 8, 2011
3
Action
B.
Washington Traffic Safety Commission (WTSC) Grant MOU
Wilson
5
Action
2011/2012 ($10,837.50)
C.
Washington Traffic Safety Commission (WTSC) Grant MOU
Wilson
11
Action
2011/2012 ($8,200.00)
D.
Renewal of Jail services Contracts
Wilson
21
Action
E. Proposed Amendment to Federal Way Revised Code Richardson 47 Action
Chapter 9.09, Animal Licensing, and Chapter 19.260,
Animal Zoning Regulations, Regarding the Regulation of
Cats and Dogs within the City
F. Banner Infrastructure Across 320', Associated Banner Use Roe/Richardson 55 Information
Policy and Flower Baskets in the City Center
5. PENDING ITEMS
• Banners
• Festivals
• Concept of Housing in South King County
6. NEXT MEETING: Tuesday, January 9, 2012 5:30pm — Hylebos Conference Room
7. ADJOURNMENT
Council Date
N/A
Consent
1/3/12
Consent
1/3/12
Consent
1/3/12
First Reading
1/3/12
Committee Members city Staff
Leanne Burbidge, (fair Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management
Roger Freeman MarJaenicke, Administrative Assistant 11
Mike Park
N/A
SUBJECT: BANNER ACROSS S_ 320'
Council has asked Staff to research the effect of allowing banners across 320`h (Banners).
The purpose of this staff report is to identify potential discussion points regarding the policy if
Council were to decide to amend the Federal Way Revised Code.
Federal Way Revised Code ("FWRC") Sign Regulations
As a general rule right-of-way signs are prohibited, banners are prohibited, and off site signs are
prohibited. The provisions with respect to banners and off-site signs have some minor
exceptions, however. The most relevant exception for purposes of this analysis allows civic
event or community service event wall mounted banners. A civic event or community
service event is defined as a gathering sponsored by a private or public nonprofit organization
when the event is not primarily for the purpose of selling or promoting merchandise or services.
The definition of civic event or community service may assist Council when reviewing the
Banners.
First Amendment Considerations
The courts have determined that signs are protected by the First Amendment of the Constitution
as "Free Speech". Consequently, the restrictions must be content -neutral, time, place and
manner. Council may establish parameters for the Banners by defining the purpose of the
Banners (i.e. City sponsored events). However, making distinctions between types of signs in a
location requires the City to provide some documented reasoning for allowing some signs and
not others. Even with a well reasoned and articulated distinction, some information on the
Banners will need to be allowed against the City's preference.
56
COUNCIL iINIEETINC DATE: N/A ITEM#:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: BANNER INFR-ASTRUCTURc A(_'ROSS 320'", ASSOCIATED BANNER USE POLICY AND FLOWER
BASKETS IN THE CITY CENTER
POLICY QUESTION: Should the Parks, Recreation, Human Services & Public Safety Committee and full City
Council consider the installation of a Banner Infrastructure across 320," includingan associated Banner Use
Policy and flower baskets in the Cite Center:' V
COMMITTEE: PRHS&PS MEETING DATE: December 13,
"Oil
CATEGORY: -- ---- El consent Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ® Other
STAFF REPORT BY: Cary M. Roe/Pat Richardson DEPT: Parks, Public Works &
Emergence Management
Attachments: 1. Banner Infrastructure proposal location map
2. Banner Use Policv
Options Considered: N/A for discussion purposes only, no action anticipated.
MAYOR'S RECOMMENDATION: N/A
MAYOR APPROVAL: DIRECTOR APPROVAL:
mmitt� Council Committee Council
COMMITTEE RECOMMENDATION: N/A
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: N/A
(BELOW TO BE COMPLETED BV C17 -V CLERKS OFFICE)
COUNCIL ACTION:
❑ APPROVED COCNCIL [MA, a
❑ DENIED 1" reading --
❑ TABLED/DE:FERREDINO ACTION Enactment reading_
❑ MOVED TO SECOND READING (urdinancc, unit) ORDINANCE #
REVISED -08.1' -1010 RESOLCTION a
55
54
Section 8. Ratification. Anti- act consistent kith the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 9. Effective Date. This ordinance ,hall talo cttc ct and he in ti+rce thirty (30) days
from and after its passage and publication, as provided b% lacy
PASSED by the City Council of the City of Federal Way this ___ day of January 20 12.
CITY OF FEDERAL. WAY
MAYOR, SKIP PRIEST
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
APPROVED AS TO FORM. -
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECT[VE DATE:
ORDINANCE NO.:
Ordinance No. / )_
53
Page J u/_ 4
Rev ('l0
(ig) Nonvenomous reptiles and amphibians.
(kh) Other animals normally associated with a dwelling unit, and which are generally
housed within the dwelling unit.
(2) Small domestic animals_ The following animals will be regulated as small domestic
animals:
(a)
(b) More than thFee cats peF dwelling unit
(G) More than a total of four- dogs and Gats per- dwelling unit.
(d) More than four rabbits per dwelling unit.
(eb) Fowl_ Refer to FWRC 19.260.055 for chickens and ducks on lots less than 35,000
square feet and citywide rooster limitations.
(3) Large domestic animals_ The following animals will be regulated as large domestic
animals:
(a) Horses_
(b) Cattle.
(c) Sheep.
(d) Pigs_
(e) Goats.
(f) Other grazing or foraging animals_
(4) Bees.
Section 6. Severability. Should any section, subsection, paragraph, sentence, clause, or
phrase of this chapter, or its application to any person or situation, be declared unconstitutional or
invalid for any reason, such decision shall not affect the validity of the remaining portions of this
chapter or its application to any other person or situation. The City Council of the City of Federal
Way hereby declares that it would have adopted this chapter and each section, subsection,
sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 7. Corrections. The City Clerk and the codifiers of this ordinance are authorized
to make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Ordinance No. 12 -
52
Page .3 of 4
Rev lily
Section 2. FWRC 9.09.050 is hereby repealed in its entirety:
9.09-060 Ze ing Gempfiance.
The appliGaptt4or-a hobby kennel or- hobby GatteFy I*r-.Pn,;tm ,;hall present to the anirnal zp lGes
pr-epeseds4e is netMvielatmeR of the Gity Zoning ,
is a legal or- a
nit has been issued for the �nteRded use.
Section :i. FWRC 9.09.040 is hereby amended to read as follows:
9.09.040 Hobby kennel or hobby cattery license required.
It is unlawful for any person to keep and maintain any dog or cat within the city for the
purposes of a hobby kennel or hobby cattery without obtaining a license. Applications for
licenses for hobby kennels or hobby catteries shall be made tothe animal services authority on
forms provided by the city. Hobby licenses will not be issued or renewed prior to an inspection
of the premise conducted by an Animal Service Officer. The Animal Services Officer may
establish conditions to be met by the pet owner in order to become and remain licensed. The
fee set by resolution of the city council for such license shall be assessed upon the owner of
such animals. In addition, each animal shall be individually licensed pursuant to the provisions
of FWRC 9.09.010.
Section 4. FWRC 19.260.010 is hereby amended to read as follows.-
19.260.010
ollows:
19.260.010 Application of chapter.
This chapter establishes special regulations that govern the keeping of animals in any zone
where a dwelling unit is permitted. The keeping of cats and dogs is permitted in any residential
zone or other zone where a dwelling unit is permitted subject tothe provisions of FWRC Title 9
Animals. The keeping of animals other than cats and dogs is permitted in any residential zone or
other zone where a dwelling unit is permitted, subject to the provisions of this chapter and the
Animals - -However, any provision of this chapter that is inconsistent
with a specific provision applicable to suburban estate zones does not apply in suburban estate
zones.
Section 5. FWRC 19.260.020 is hereby amended to read as follows:
19.260.020 Types of animals.
Animals will be regulated according to the following categories:
(1) Household pets. The following animals will be regulated as househdd pets:
(a)
(b) Three cats or less per- d ---";-g unit.
(G) A total Of fOLIF dogs- and . _Iling unit
(d) Four rabbits or less per dwelling unit_
(eb) Gerbils.
(#c) Guinea pigs.
(gd) Hamsters.
(he) Mice.
(if) Caged birds.
Ordinance %'O_ /2 -
51
Page 2 c?J a
Rev I A 0
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, relating to
animal sen -ices; repealing FWRC 9.09.030; amending FWRC 9.09.040,
19.260.010 and 19.260.020. (Amending Ordinance Nos. 10-661, 07-373,
02-424, and 90-43.)
WHEREAS, Federal Way Revised Code (--FWRC") Title 9, --Animals," sets forth the
administration, regulations, entorcement, and licensing requirements of animal services in the City of
Federal Way; and
WHEREAS, updates to Chapter 9.09 FWRC are needed to clarity- that Title 9 is the sole title
in which regulations concerning cats and dogs wilt he located, and
WHEREAS, updates to Chapter 19.260 FWRC are needed to clarify that Title 9 supersedes
Title 19 with respect to cats and dogs, and
WHEREAS, the City Council of Federal Way finds it is in the best interest of the citizens to
update Title 9 to adopt changes to these chapters;
NOW, THEREFORE, THE CITY COUNCI[. OF THE CITY OF FEDERAL WAY.
WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. The Sections List of Chapter 9.09 FWRC is hereby amended as follows:
Sections:
9.09.090 Cat and dog licenses.
9-09.020 Kennel, pet shop, cattery, or shelter permits required.
9.09.030 Grooming parlor permit required.
9.09.040 Hobby kennel or hobby cattery license required.
9.09.060 Denial of license — Appeal.
9.09.070 Revocation, suspension, refusal to renew.
Ordinance No. 1? -
50
Ac c 1 tf4
Rev 1 A0
Comparison to Other Jurisdictions: No two cities are the same. The pet limit laws vary
drastically across the Nation with some cities enforcing strict limits (2 dogs) and other having no pet
limits. The most prevalent trend is to limit the numbers of dogs in a household and have no limit on
cats. The Puget Sound Region also exemplifies this varied approach to pet limits, although it
appears that all cities in this area have some limit. The high end seems to be a combination of dogs
and cats not exceed seven, before a hobby license is required. Not all cities provide hobby licenses.
Recommendation: Staff recommends removing cats and dogs from the zoning requirements of
Title 19 and allowing Title 9 to be sole source of regulations regarding the keeping of cats and dogs
within the city by making the foliowing amendments:
o Delete FWRC 9.09.050
o Amend FWRC 9.09.010 to include the requirement of kennel/cattery inspections
o Amend 19.260.010 to make it clear that cats and dogs are regulated in Title 9, not Title 19
o Amend 19.260.020 to remove all references to catch and dogs
The Animal Services Unit would be the primary department responsible for the inspections,
issuance, and enforcement of pet licenses and hobby licenses. The Community and Economic
Development Department is in concurrance with the proposed revisions to FWRC Chapter 19.260 to
be consistent with Title 9.
49
CITY OF FEDERAL, WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: November 22. 201 1
TO: Parks, Recreation, Human Services and Public Satet}, Council Committee
VIA: Skip Priest, Mayor
FROM: Patricia Richardson, City Attomc%
SUBJECT: Hobby Licenses — Code Provision Contlicts
Summary: Chapter 19.260 of the Federal Way Revised Code (FWRC) current[% contains zoning
code requirements related to pet household limits that contlict with the issuance ofhobby licenses as
outlined in Chapter 9.09 FWRC. The proposed ordinance amends the impacted chapters of the
FWRC to provide consistency designates Title 9 as the sole source of regulations for cats and dogs
within the city.
Specific Conflict:
o FWRC9.05.010,- The definition of hobby.cattery (6 or more cats) allows for a residence to have
up to 5 cats without any additional licensing requirements. and the definition of hobby kennel (4
or more dogs) allows for a residence to have up to 3 dogs without any additional licensing
requirements. There is no combination limits, so a household could potentially have a total of 8
pets (3 dogs and 5 cats) so long as they were all licensed pets. If a resident %%1shes to exceed
these limits, a hobby license must be obtained per FWRC 9.09.40.
o FtVRC 9.09.050: This section requires an applicant for a hobby license to present a letter from
the City stating that the applicant is in compliance with the zoning restrictions set torth in
Chapter 19.260 of the FWRC.
o FWRC 19.260.020: This section defines "household pets' and sets the limit at 3 or less for both
dogs and cats per dwelling unit. It also sets a limit of 4 pets in any combination. This section
goes on to define "small domestic animals" a more than 3 dogs or cats per dwelling or more than
4 pets in combination. Notice this is half the number of animals allowed outright (without even
obtaining a hobby cattery or kennel license) in Title 9.
o FWRC 19.260.060: This section sets requirements for properties where "small domestic
animals" are kept. The minimum lot size is 35,000 square feet a requirement that prohibits most
residential dwellings from qualifying to have more than a total of four pets. This minimum lot
size would also prevent the ability to issue hobby licenses in most cases.
Current Status: There are approximately 5-10 pending requests for hobby licenses. The Animal
Services Unit is enforcing FWRC 9.05.0 10 as it relates to pet limits when responding to various
animal complaints. Citizens have been cooperative in reducing the numbers of pets (specifically
dogs in all cases) to the legal limit. However, if a citizen requested a hobby license as opposed to
reducing their number of pets, we would be unable to consider the request at this time. This could
inhibit our ability to take enforcement action.
48
COUNCIL NtEETtNG DATE: .IanuarA 3, 2012 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: PROPOSED AMENDMENT TO FEDERAL WA% REMISED CODE CHAPTER 9.09, ANIMAL LICENSING,
.AND CHAPTER 19.260, ANIMAL ZONING REGULATIONS, REGARDING THE REGULATION OF CATS .AND DOGS
WITHIN THE. CIT1
POLICY QUESTION: Should the Cite Council approve and adopt the proposed amendments to Chapters 9.09 and
19.260 of the Federal Way Revised Code regarding the regulation of cats and dogs within the city?
COM,'VHTTFE:–PRFIS&PS------------------- MEETING DATE: 12/13/201 i
CATEGORI : --- —
❑ Consent M Ordinance
❑ Public Hearing
❑ City Council Business ❑ Resolution
❑ Other
STAFF REPORT BI': Patricia Richardson. City Attorney DEPT: Law
Attachments: Staff Report, Proposed Ordinance
Summary: The Federal Way Revised Code (FWRC) currently contains zoning code requirements related to pet
household limits that conflict with the issuance of hobby licenses as outlined in Chapter 9.09 FWRC_ The proposed
ordinance amends the impacted chapters of the FWRC to provide consistency and designates Title 9 as the sole
source of regulations for cats and dogs within the city.
Options: 1. Approve the proposed ordinance amending Chapters 9.09 and 19.260 of the FWRC regarding the
regulation of cats and dons within the cin.
2. Modify the proposed ordinance.
ALAY'OR'S RECOAIl't(ENDATION: Option I
MAI -OR APPROVAL:--�'lY� _ -- DIRECTOR APPROVAL:
— _-- Commutae T Council Comfuluce Couadl
COMMITTEE RECOMMENDATION: ! move to forward the proposed ordinance to First Reading on January 3,
30120ty Council meeting
-
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION(S):
Is' READING OF ORDINANCE (JANUARY 3): 1 move to forward approval of the ordinance to the January 17,
2012 Council Meeting for adoption.
2"o READING OF ORDINANCE (JANUARY 17): "1 move approval of the proposed ordinance amending Chapters
9.09 and 19.260 of the FWRC regarding the regulation of cats and dogs within the city. "
(BELOW TO BECONWETED BYC/TYCLERKSOFFICEl
COI NC It, -xc i ION:
❑ APPROvED
❑ DENIED
❑ IABLED!DEFE:RRVIVNO ACTION
❑ -NIO%ED rO SECOND READING +orJ6nance s otd, s
REVISED 15112-20io
COUNCIL owt,
W reading
Enactment reading
ORDINANCE. a
47 REtiOt.l I'm\ il
46
`CITY OF
Federal Way
Approved as to Form:
Patricia A. Richardson, City Attorney
otzriucal Jail Scn is 1<rr�;azut 20l _' tt,�nc+� a1 Pa«` - o4 5
:Case" the Citl, of 1:nurl;cla%% K the Citi of F,:deral "at
CIN HALL
33325 8th Avenue South - PO Box 9718
Federal Way. VVA 98063-9718
(253)835-7000
s?1c tyoffedef'jhvavcom
Approved as to Form.-
City
orm:
City of Enumclaw, City Attorney
CITY of CITY HALL
8th Avenue South - Box 9718
Federal Way Federal Way, YVA 98063-971818
(253)835-7000
imm C11y0ffedera4vay con)
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 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. MISCELLANEOUS
(a) Federal Way prisoners incarcerated in the Enumclaw Corrections Facility pursuant to this
Agreement shall be transported to Enumclawby 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
-elating to Corrections Facility services.
N WITNESS WHEREOF, the above and foregoing Agreement has been executed in duplicate by
he parties hereto and made effective on the day and year first above written:
:ITY OF FEDERAL WAY
;kip Priest, Federal Way Mayor
kTTEST
:arol McNeilly, CMC, City Clerk
CITY OF ENUMCLAW
Liz Reynolds, Enumclaw Mayor
ATTEST:
City of Enumclaw, City Clerk
tcrlocsl )ail Jcrricc..a rccrrirnt 'it!' Itcner cd {'a-,, (, 014-4
airecn the Citi of I'.ilumcla%% & th,! ('it% of Federal 1t a% i Il F.;urn! [uu
`e CITY OF CITY HALL
Federal Way wid8th Avenue South - 18 Box 9718
(253)835- OOOA 98063-9718
:>nnvanoffeder hycJ Com
an inmate(s) confined pursuant to the Agreement.
16. DURATION
This Agreement shall enter into full force and effect from January 1 st, 2012, and end
December 31 , 2012, subject to earlier termination as provided by Section 17 herein. This
Agreement may be renewed for one year successive periods under such terms and conditions as
the parties may determine. Nothing in the Agreement shall be construed to require Federal Way to
house inmates in the Enumclaw Corrections Facility continuously.
17. TERMINATION
(a) By either party. This Agreement may be terminated by written notice from either party to
the other party delivered by regular mail to the contact person identified herein, provided that
termination shall become effective sixty (60) working days after receipt of such notice. Federal Way
agrees to remove any inmate(s) from the Enumclaw Corrections Facility by the close of said sixty
(60) day notice period.
(b) By Federal Way due to lack of funding. The obligation of Federal Way to pay Enumclaw
under the provision of this Agreement beyond the close of the current fiscal year (December 31,
2011) is expressly made contingent upon the appropriation, budgeting availability of sufficient funds
by Federal Way. In the event that such funds are not budgeted, appropriated or otherwise made
available for the purpose of payment under this Agreement at any time after December 31, 2011,
then Federal Way shall have the option of terminating the Agreement upon written notice to
Enumclaw, except that all services provided to that point shall be compensated at the agreed rate.
The termination of this Agreement for this reason will not cause any penalty to be charged to
Federal Way.
(c) In the event of termination of this Agreement for any reason, Federal Way shall
compensate Enumclaw for prisoners housed by Enumclaw after 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:
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 8th Ave. S.
PO Box 9718
Federal Way, WA 98063-9718
Contact Person:
Stan McCall, Commander
Pam Hall, Administrative Assistant
19. HOLD HARMLESS AND INDEMNIFICATION
I ilialiKal 1;111 1C1 :Il'Ca�i't::fl7
cell the (it+ oI VIIW]Jcla:+
cllt - 2011 1?Cnc Vtal ,A
the CiC. of f c Icral 11;tc
` CITY OF CITY HALL
33325 8th Avenue South - Box 9718
Federal Way
Federal Way. WA 98063-971818
(253) 835-7000
wwnv o."ffederahvav com
court having jurisdiction. Enumclaw agrees that no early releases or alternatives to incarceration,
including furloughs, passes, work release, work crews or electronic home detention shall 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 presenting 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. ESCAPES
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
3hali 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
iotified. Federal Way shall receive copies of any records made at or in connection with such
iotification.
(b) Enumclaw shall immediately notify Federal Way of the death of a Federal Way inmate,
urnish information as requested and follow the instructions of Federal Way with regard to the
lisposition of the body. The body shall not be released except on written order of the appropriate
)fficials of Federal Way. Written notice pertaining to the release shall be provided within three
veekdays of receipt by Federal Way of notice of such death. All expenses relative to any necessary
)reparation of the body and shipment charges shall be paid by Federal Way. With Federal Way's
:onsent, Enumclaw may arrange for burial and all matters related or incidental thereto, and all such
!xpenses shall be paid by Federal Way. The provisions of this paragraph shall govern only the
elations between or among the parties hereto and shall not affect the liability of any relative or other
Terson for the disposition of the deceased or for any expenses connected therewith.
(c) Federal Way shall receive a certified copy of the death certificate for any of its inmates
vho have died while in Enumclaw's custody.
4. REMOVING OF INMATES
Upon request from Enumclaw, Federal Way shall, at its expense, remove any Federal Way
imate not meeting the intake criteria outlined in part 3 above, within (4) hours after receipt of such
aquest. in the event the confinement of any Federal Way inmate is terminated for any reason,
.ederal Way shall, at its expense, retake such inmate from the Enumclaw Corrections Facility. In the
vent Enumclaw requests a prisoner be removed, Enumclaw shall provide written notice (email is
cceptable) to Federal Way Jail indicating why Enumclaw requested removal of the Inmate.
5. GOVERNING LAW
The parties hereto agree that, except where expressly otherwise provided, the laws and
dministrative rules and regulations of the State of Washington shall govern in any matter relating to
!,:1 -coed Jill \cr it -c, \•_rca: rt _'+11 ' 1:,ai a! }'t:_ l t+4
.tri+c Cri th:: Cit-, tit Lllullllkl. A- the it it. of }Z
CITY OF CITY HALL
�. 333258th Avenue South - Box 9718
Federal Way
Federal Way, WA 98063-971818
(253)835-7000
wwwWyoffederahvay com
7. RESPONSIBILITY FOR OFFENDER'S CUSTODY
It shall be the responsibility of Enumclaw to confine the inmate or inmates; to provide
treatment, including the furnishing of subsistence and all necessary medical and hospital services
and supplies; to provide for the inmates' physical needs; to make available to them programs and/or
treatment consistent with the individual needs; to retain them in said custody; to supervise them; to
maintain proper discipline and control; to make certain that they receive no special privileges and
that the sentence and orders of the committing court in the State are faithfully executed; provided
that nothing herein contained shall be construed to require Enumclaw, or any of its agents, to
provide treatment, facilities or programs for any inmates confined pursuant to this Agreement, which
it does not provide for similar inmates not confined pursuant to this Agreement, or which are not
otherwise required by law.
8. MEDICAL SERVICES
(a) Inmates from Federal Way shall receive and Enumclaw shall arrange for such medical,
psychiatric and dental treatment as may be necessary to safeguard their health while housed in 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 Enumclaw Corrections Facility staff, Federal Way shall pay directly or reimburse Enumclaw for all
costs associated with the delivery of any medical, psychiatric and/or dental services provided to
Federal Way inmates; provided that Federal Way has the option to remove inmates, if at 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) 835-6851, 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
:he manner mutually agreed upon by the parties hereto. During an inmate's confinement in the
numclaw Corrections Facility, Federal Way shall upon request be entitled to receive and be
.urnished 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
emoved there from by any person without written authorization from Federal Way or by order of any
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4% Clry ot= CITY HALL
�� ��' �� Feder 8th Avenue South PO Box 9718
Federal 8th
A nu 98063-9718
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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 of Inmate 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
I sentence.
(b) Types of Inmates accepted by Enumclaw Corrections Facility. Federal Way may not book
violent felons into the Enumclaw Corrections Facility. "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
nformation from inmates when they are booked into the Enumclaw Corrections Facility pursuant to
RCW 70.48.130.
S. RIGHT OF INSPECTION
Federal Way shall have the right to inspect, at all reasonable times, all of the Enumclaw
;orrections Facility in which Federal Way's inmates are confined in order to determine if such
;orrections Facility maintains standards of confinement acceptable to Federal Way and that such
nmates therein are treated equally regardless or race, religion, color, creed or national origin-
)rovided, however, that Enumclaw shall be obligated to manage, maintain and operate its facilities
:onsistent with all applicable federal, state and local laws and regulations.
i. FURLOUGHS. PASSES, AND WORK RELEASE
Enumclaw agrees that no early releases or alternatives to incarceration, including furloughs,
►asses, work crews, electronic home detention, or work release shall be granted to any inmate
loused pursuant to this Agreement without written authorization by the committing court. Provided,
:numclaw shall be under no obligation to allow furloughs, passes, work crews, electronic home
letention or work release.
INMATE ACCOUNTS AND VALUABLES
(a) Enumclaw shall establish and maintain an account for each inmate received from Federal
Vay and shall credit to such account all money which is received and shall make disbursements,
ebiting such accounts in accurate amounts for the inmate's personal needs. Disbursements shall
e made in limited amounts as are reasonably necessary for personal maintenance. At either the
-rmination of this Agreement, the inmate's death, or return to either Federal Way or indefinite
please to the court, the inmate's money shall be transferred to the inmate's account in care of
ederal Way. Upon release from incarceration, Enumclaw shall return any remaining money to the
risoner.
(b) Enumclaw shall receive and store property for Federal Way inmates. The property shall fit
i a property bag such as a paper grocery bag or small clear plastic bag.
:erlr+cal Jail Sel%iCe-_� _01RC]Jek� l i'a,c ' 40
-t%%cen the Lit% utFnumeiax% - the (-it tit I cdcral ",n
ozNClrY of CITY HALL
Fe de ra I Way 33325 8:n Avenue South - Box 9718
.LFederal Way. WA 98063-971818
(253) 835-7000
' nnv c'tyoffederahva y corn
INTERLOCAL AGREEMENT BETWEEN THE CITY OF ENUMCLAW,WASHINGTON
AND THE CITY OF FEDERAL WAY, WASHINGTON
FOR THE HOUSING OF INMATES IN THE ENUMCLAW CORRECTIONS FACILITY
THIS INTERLOCAL AGREEMENT is dated effective this 151 of January 2012 by and between
the City of Federal Way, Washington, a Municipal Corporation, and the City of Enumclaw, a
Washington, Municipal Corporation, each party having been duly organized and now existing under
the laws of the State of Washington.
WITNESSETH:
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
if 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 $60.00 per
day, per bed/inmate, effective beginning January 1, 2012 through December 31st, 2012. 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 names of inmates who are housed, the case/citation number, the number of days housed
;including the date and time of booking and date and time of release), and the dollar amount due for
3ach. Enumclaw agrees to provide said bill by the 10th of each month. Federal Way agrees to make
)ayment to Enumclaw within thirty (30) days of receipt of such bill for the amount billed for the
)revious calendar month.
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- i'. itl�llt� r(Ilt
`CITY OF
Federal Way
CITY HALL
33325 8th Avenue South - PO Box 9718
Federal Way. WA 98063-9718
(253)835-7000
syswcrryoffederahvay coni
demnification. This waiver has been mutually negotiated by the parties. The provisions of this
)ction shall survive the expiration or termination of this Agreement_
). MISCELLANEOUS
(a) Federal Way prisoners incarcerated in the Buckley Jail pursuant to this Agreement shall be
3nsported to Buckley by and at the expense of Federal Way and shall be returned, if necessary, to
:decal Way by Federal Way personnel and at Federal Way's expense. Buckley is not responsible
r transportation of Federal Way prisoners under this Agreement and shall be reimbursed by
:decal Way for any actual expenses incurred in transport of an inmate if, in fact, transportation of an
mate by Buckley becomes necessary.
(b) A copy of this agreement, once executed, will be filed with King County and Pierce County,
required by RCW 39.34.040.
(c) This Agreement replaces and supersedes all prior agreements between the Parties relating
jail services.
WITNESS WHEREOF, the above and foregoing Agreement has been executed in duplicate by
parties hereto and made effective on the day and year first above written:
TY OF FEDERAL WAY
:ip Priest, Mayor
TEST:
col McNeilly, CMC, City Clerk
proved as to Form:
tricia A. Richardson, City Attorney
CITY OF BUCKLEY
Patricia Johnson, Mayor
Jim Arsanto, Chief of Police
ATTEST:
Joanne Starr, Deputy City Clerk
Approved as to Form:
38
local Jail Serle ices .A�.'.reeinlellt 201 -' Itcncvl11 Vj1 "c 6 of h
'fen [tic Cil. of Buckle. cX the Cite of Fedcral 11 a\
, City Attorney
`MY OF CITY HALL
Federal Way 33325 8th Avenue South - Box 9718
Federal Way. WA 98063-971818
(253)835-7000
I iwanroBederalwaycony
the other party delivered by regular mail to the contact person identified herein, provided that
termination shall become effective sixty (60) working days after receipt of such notice. Federal Way
agrees to remove any inmate(s) from the Buckley Jail by the close of said sixty (60) day notice
period.
(b) By Federal Way due to lack of funding. The obligation of Federal Way to pay Buckley
under the provision of this Agreement beyond the close of the current fiscal year (December 31,
2011) is expressly made contingent upon the appropriation, budgeting availability of sufficient funds
by Federal Way. In the event that such funds are not budgeted, appropriated or otherwise made
available for the purpose of payment under this Agreement at any time after December 31, 2011,
then Federal Way shall have the option of terminating the Agreement upon written notice to Buckley,
except that all services provided to that point shall be compensated at the agreed rate. The
termination of this Agreement for this reason will not cause any penalty to be charged to Federal
Way_
(c) In the event of termination of this Agreement for any reason, Federal Way shall
compensate Buckley for prisoners housed by Buckley after 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
;ent to the following.
-ity of Buckley: City of Buckley
133 South Cedar Street
Buckley, WA 98321
;ontact Person: Jim Arsanto, Chief of Police
;ity of Federal Way: City of Federal Way
333258 1h Ave S.
Federal Way, WA 98063-9718
:ontact Person: Stan McCall, Commander
Pam Hall, Administrative Assistant
9. HOLD HARMLESS AND INDEMNIFICATION
Buckley will assume the liability for the custody and care of Federal Way prisoners once they
re in the custody of Buckley. Buckley shall defend, indemnify and hold Federal Way, its officers,
fficials, employees and volunteers harmless from any and all claims, injuries, damages, losses or
fits including reasonable attorney fees, arising out of or in connection with the performance of this
greement, except for injuries and damages caused by the sole negligence of Federal Way and for
,y claims of false arrest or false imprisonment, for which Federal Way shall defend, indemnify and
)Id Buckley harmless, including reasonable attorneys fees_ Should a court of competent jurisdiction
:termine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages
'ising out of bodily injury to persons or damages to property caused by or resulting from the
mcurrent negligence of Buckley and Federal Way, its officers, officials, employees, and volunteers,
.ickley's liability hereunder shall be only to the extent of Buckley's negligence. It is further
►ecifically and expressly understood that the indemnification provided herein constitutes Buckley's
3iver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this
37
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uccrr iltr Citi �t t3ucklr� h the Cir. (i c i�r..d '�;r� i I1
CITY OF
Federal
CITY HALL
Way 33325 8th Avenue South - PO Box 9718
Federal Way. WA 98063-9718
(253)835-7000
'W"tyCrtyotfederihVJy Coln
?. ESCAPES
In the event any Federal Way inmate shall escape from Buckley's custody, Buckley will use all
asonable means to recapture the inmate. The escape shall be reported immediately to Federal
ray. Buckley shall have the primary responsibility for and authority to file escape charges and direct
e pursuit and retaking of the inmate or inmates within its own jurisdiction. Any cost in connections
erewith shall be chargeable to and borne by Buckley; however, Buckley shall not be required to
:pend unreasonable amounts to pursue and return inmates from other states or other countries.
c. DEATH OF AN INMATE
(a) In the event of the death of a Federal Way inmate, the Pierce County Coroner shall be
)tified. Federal Way shall receive copies of any records made at or in connection with such
dification.
(b) Buckley shall immediately notify Federal Way of the death of a Federal Way inmate,
•nish information as requested and follow the instructions of Federal Way with regard to the
;position of the body. The body shall not be released except on written order of the appropriate
icials of Federal Way. Written notice pertaining to the release shall be provided within three
)ekdays of receipt by Federal Way of notice of such death. All expenses relative to any necessary
aparation of the body and shipment charges shall be paid by Federal Way. With Federal Way's
nsent, Buckley may arrange for burial and all.matters related or incidental thereto, and all such
penses shall be paid by Federal Way. The provisions of this paragraph shall govern only the
ations between or among the parties hereto and shall not affect the liability of any relative or other
rson for the disposition of the deceased or for any expenses connected therewith_
(c) Federal Way shall receive a certified copy of the death certificate for any of its inmates who
ve died while in Buckley's custody.
REMOVING OF INMATES
ton request from Buckley, Federal Way shall, at its expense, remove any Federal Way inmate not
seting the intake criteria outlined in part 3 above, within (4) hours after receipt of such request. In
event the confinement of any Federal Way inmate is terminated for any reason, Federal Way
all, at its expense, retake such inmate from the Buckley Jail. In the event Buckley requests a
soner be removed, Buckley shall provide written notice (email is acceptable) to Federal Way
licating why Buckley requested removal of the Inmate.
GOVERNING LAW
The parties hereto agree that, except where expressly otherwise provided, the laws and
ministrative rules and regulations of the State of Washington shall govern in any matter relating to
inmate(s) confined pursuant to the Agreement.
DURATION
This Agreement shall enter into full force and effect from January 1, 2012, and end December
2012, subject to earlier termination as provided by Section 17 herein. This Agreement may be
sewed for one year successive periods under such terms and conditions as the parties may
:ermine. Nothing in the Agreement shall be construed to require Federal Way to house inmates in
Buckley Jail continuously.
TERMINATION
(a) By either party_ This Agreement may be terminated by written notice from either party to
local sail ticrt icc, \i rccincnt - 2012 4 of 6
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`cllry of CITY HALL
Fe de ra I Way Feder 8th Avenue South - Box 9718
FQderal Way. YVA 98063-971818
(253) 835-7000
srinvcrtyoyeder thvayconr
herein contained shall be construed to require Buckley, or any of its agents, to provide treatment,
facilities or programs for any inmates confined pursuant to this Agreement, which it does not provide
for similar inmates not confined pursuant to this Agreement, or which are not otherwise required by
law.
8. MEDICAL SERVICES
(a) Inmates from Federal Way shall receive and Buckley shall arrange for such medical,
psychiatric and dental treatment as may be necessary to safeguard their health while housed in the
Buckley Jail 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 Buckley Jail
staff, Federal Way shall pay directly or reimburse Buckley for all costs associated with the delivery of
any medical, psychiatric and/or dental services provided to Federal Way inmates; provided that
Federal Way has the option to remove inmates, if at Federal Way's discretion, it believes that another
jail would be more appropriate for addressing the inmate's medical needs.
(b) Buckley 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
3epartment on -duty supervisor or Commander at (253) 835-6851, prior to the inmate's transfer to a
iospital 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
)ermits.
(d) If inmates held on Federal Way charges are transported to a local hospital facility, the short
erm security of said inmates shall be the responsibility of the City of Buckley_ Short term security is
lefined as less than eight (8) hours.
�. DISCIPLINE
Buckley shall have physical control over and power to execute disciplinary authority over all
ederal Way inmates. However, nothing contained herein shall be construed to authorize or permit
ie imposition of a type of discipline prohibited by the Laws of the State of Washington.
0. RECORDS AND REPORTS
Buckley shall keep all necessary and pertinent records concerning Federal Way inmates in the
canner mutually agreed upon by the parties hereto. During an inmate's confinement in the Buckley
ail, Federal Way shall upon request be entitled to receive and be furnished with copies of any report
r record associated with said inmate(s) incarceration.
I. REMOVAL FROM THE JAIL
A Federal Way inmate legally confined in the Buckley Jail shall not be removed there from by
,y person without written authorization from Federal Way or by order of any court having
risdiction. Buckley agrees that no early releases or alternatives to incarceration, including
loughs, passes, work release, work crews or electronic home detention shall be granted to any
mate without written authorization from the committing court. This paragraph shall not apply to an
nergency necessitating the immediate removal of the inmate for medical, dental, psychiatric
)atment or other catastrophic condition presenting an imminent danger to the safety of the inmate
to other inmates or Buckley Jail personnel. In the event of any such emergency removal, Buckley
fall inform Federal Way of the whereabouts of the inmate or inmates so removed, at the earliest
acticable time, and shall exercise all reasonable care for the safekeeping and custody of such
nate or inmates.
-local Jail Scrc icc; =\2rc crticltt -_'191 _' fkcnru,tl('3' i i'I (3 5
�ctrn the Ci I% of Bucklc% & th,! Cit, of f cdcral "ac 11 ! u� ! 1
CITY Of
,Z!N� Federal
CITY HALL
Way 33325 8th Avenue South • PO Box 9718
Federal Way, WA 98063-9718
(253)835-7000
i iwty cit yotfederahvay coni
r exhibiting behavior that presents an obvious danger to the staff or other inmates_ In the event a
risoner is not accepted for booking, Buckley shall provide written notice (email is acceptable) to
ederal Way indicating why the booking was declined.
(a) Duration of Inmate Stay. The parties agree that the maximum length of stay per inmate,
icluding pre -and post -trial, may not exceed 365 consecutive calendar days per misdemeanor
antence.
(b) Types of Inmates accepted by Buckley Jail. Federal Way may not book violent felons into
le Buckley Jail. 'Violent felon" is defined as any person being held for suspicion, warrant, or arrest
tr any felony crime against a person. Federal Way may book nonviolent felons for a one-night stay
rovided that Federal Way transports any such nonviolent felons the following day to another jail
lcility.
(c) Collection of insurance information. Buckley agrees to collect medical insurance
formation from inmates when they are booked into the Buckley Jail pursuant to RCW 70.48.130.
RIGHT OF INSPECTION
Federal Way shall have the right to inspect, at all reasonable times, all of the Buckley Jail in
hich Federal Way's inmates are confined in order to determine if such jail maintains standards of
mfrnement acceptable to Federal Way and that such inmates therein are treated equally regardless
race, religion, color, creed or national origin; provided, however, that Buckley shall be obligated to
anage, maintain and operate its facilities consistent with all applicable federal, state and local laws
id regulations.
FURLOUGHS, PASSES, AND WORK RELEASE
Buckley agrees that no early releases or alternatives to incarceration, including furloughs,
asses, work crews, electronic home detention, or work release shall be granted to any inmate
)used pursuant to this Agreement without written authorization by the committing court. Provided,
ickley shall be under no obligation to allow furloughs, passes, work crews, electronic home
-tention or work release.
INMATE ACCOUNTS AND VALUABLES
(a) Buckley shall establish and maintain an account for each inmate received from Federal
ay and shall credit to such account all money which is received and shall make disbursements,
-biting such accounts in accurate amounts for the inmate's personal needs. Disbursements shall
made in limited amounts as are reasonably necessary for personal maintenance. At either the
mination of this Agreement, the inmate's death, or return to either Federal Way or indefinite
ease to the court, the inmate's money shall be transferred to the inmate's account in care of
deral Way. Upon release from incarceration, Buckley shall return any remaining money to the
soner.
(b) Buckley shall receive and store property for Federal Way inmates. The property shall fit in
)roperty bag such as a paper grocery bag or small clear plastic bag.
RESPONSIBILITY FOR OFFENDER'S CUSTODY
It shall be the responsibility of Buckley to confine the inmate or inmates; to provide treatment,
eluding the furnishing of subsistence and all necessary medical and hospital services and supplies;
provide for the inmates' physical needs; to make available to them programs and/or treatment
isistent with the individual needs; to retain them in said custody; to supervise them; to maintain
Iper discipline and control; to make certain that they receive no special privileges and that the
itence and orders of the committing court in the State are faithfully executed; provided that nothing
34
local tail'>or�icc ,lurcemen[ 'iti_ l:c�i���al t'a '
All
peen thr CO Of Buckle% & tht Cit\ cit Utderal kk a� F 11 fluck:'ei
CITY OF CITY HALL
Federal Way Fede' 8th Avenue South - Box 97 18
O:N�Federal VUay. ��'/A 980o53-971818
(253)835-7000
:aiwcavoffederaisi, Vcan
INTERLOCAL AGREEMENT BETWEEN THE CITY OF BUCKLEY, WASHINGTON
AND THE CITY OF FEDERAL WAY, WASHINGTON
FOR THE HOUSING OF INMATES IN THE BUCKLEYCITY JAIL
THIS INTERLOCAL AGREEMENT is dated effective this 1st day of January, 2012 by and
between the City of Federal Way, Washington, a Municipal Corporation, and the City of Buckley,
Washington, a Municipal Corporation, each party having been duly organized and now existing under
the laws of the State of Washington.
NITNESSETH:
WHEREAS, Federal Way wishes to designate the Buckley Jail as a place of confinement for
he incarceration of one or more inmates lawfully committed to its custody; and
WHEREAS, Buckley desires to accept and keep in its custody such inmate(s) in the Buckley
tail 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
Inter into an Interlocal agreement to permit another city to perform any governmental service, activity
)r 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
ie Agreement as authorized and provided for by RCW 39.34.080 and other Washington law, as
mended;
NOW, THEREFORE, in consideration of the above and foregoing recitals, the payments to be
lade, the mutual promises and covenants herein contained, and for other good and valuable
onsideration, the parties hereto agree as follows:
JAIL AVAILABILITY
Buckley shall make available for Federal Way inmates beds/jail space on a "first come, first
�rved" or "space available" basis.
COMPENSATION
(a) Rates. The cost of Buckley's care of all Federal Way inmates herein shall be $57.00 per
iy, per bed/inmate, effective beginning January 1, 2012 through December 31St, 2012. The parties
tree that Buckley will not charge a separate booking fee in addition to such rates.
(b) Billing and payment. Buckley agrees to provide Federal Way with an itemized bill listing all
Ilmes of inmates who are housed, the case/citation number, the number of days housed (including
e date and time of booking and date and time of release), and the dollar amount due for each.
ickley agrees to provide said bill by the 10th of each month. Federal Way agrees to make payment
Buckley within thirty (30) days of receipt of such bill for the amount billed for the previous calendar
nth_
DURATION OF INMATE STAYITYPES OF INMATES
At the time a person is presented to the Buckley Jail for booking by a Federal Way officer, the
ickley corrections staff will determine whether the suspect and/or prisoner will be accepted for
oking. Buckley reserves the right, in its sole discretigg, to not accept persons injured, extremely ill,.
rlocal Jail Sc,;cc .\Jrreulcn[ -'012 Rcncua! Pa_c I of6
+cc❑ the Citi of Buckle% . the Cit% of Falcial \\ ax f IJ
32
`CITY OF CITY HALL
Federal Way Feder 8th Avenue South • Box 9718
Federal Way. WA 98063-971818
(253)835-7000
wwwcrtvoKe ierahmy cony
duplicate by the parties hereto and made affective on the day and year first above written_
CITY OF FEDERAL WAY, WA BOARD OF CHELAN COUNTY
COMMISSIONERS
I BY
Skip Priest, Mayor
1 4TTEST
:,ity Clerk
1 )ATED:
kpproved as to Form:
I :ity of Federal Way Attorney
Doug England, Chair
Ron Walter, Commissioner
Keith Goehner, Commissioner
ATTEST:
Sally Taylor
Clerk of the Board
DATED:
Phil Stanley, Director
Chelan County Regional Justice Center
Approved as to Form:
�l y r -A. 1 1, %. V lc,af t liuut Ity 1'1 usecular
rriorrl Jail Sertices A2reeineat -'iil' l.cri aa! Pii e 1 oI 431
ween the Cit: Federal 1%ak and ('hclail f 'ounR II(" C'ludarr
CITY OF CITY HALL
Federal Wa Feder 8th Avenue South - 18 Boz 9718
y Federal Way. WA 98063-9718
(253)835-7000
:nvw Utyo(/ederanvay c om
(b) Governing Law and Venue. This Agreement shall be governed by the laws of the State of
lashington, and venue for any lawsuit shall be the Chelan County Superior Court.
(c) Attorney's Fees. In the event it is necessary for either party to utilize the services of an
torney to enforce any of the terms of this Agreement, such enforcing party shall be entitled to
)mpensation for its reasonable attorney's fees and costs. In the event of litigation regarding any terms
this Agreement, the substantially prevailing party shall be entitled, in addition other relief, to such
asonable attorney's fees and costs as determined by the Court.
(d) Waiver of Breach. The waiver by either party of the breach of any provision of this Agreement
the other party must be in writing and shall not operate nor be construed as a waiver of any
ibsequent breach by such other party.
(e) Savings Clause. Nothing in this Agreement shall be construed so as to require the
immission of any act contrary to law, and wherever there is any conflict between any provisions of this
treement and any statute, law, public regulation or ordinance, the latter shall prevail but in such event,
e provisions of this Agreement affected shall be curtailed and limited only to the extent necessary to
ing it within legal requirements.
(f) Filing. This Agreement shall be filed with the Chelan County Auditor's Office pursuant to RCW
1.34.040.
INTERPRETATION
This Agreement has been submitted to the scrutiny of all parties and their counsel, if desired, and
:hall be given a fair and reasonable interpretation in accordance with its words, without consideration or
-ight given to its being drafted by any party or its -counsel. All words used in the singular shall include
plural; the present tense shall include the future tense; and the masculine gender shall include the
ninine and neuter gender.
ACCESS TO RECORDS CLAUSE
The parties hereby agree that authorized representatives of the parties shall have access to
y books, documents, paper and record of the other party that are pertinent to this Agreement for
! purposes of making audits, examinations, excerpts and transcriptions. All such records and all
ier records pertinent to this Agreement, and work undertaken pursuant to this Agreement shall be
ained by the parties for a period of three (3) years after the final expiration date of this Agreement
any amendments hereto, unless a longer period is required to resolve audit, findings or litigation.
Such cases, the parties may expressly agree by an amendment or separate agreement for such
ger period for record retention.
ENTIRE AGREEMENT
This Agreement represents the entire integrated Agreement between the City and Chelan
unty and supersedes all prior negotiations, representations or agreements, either written or oral.
IN WITNESS WHEREOF, the above and foregoing Agreement has been executed in
I�i�al Iaiil �rnicc, �,�r•_.i�i._ut _'ill_' F:..rt��+:�i _,;;i;�; �+30
`CITY OF CITY HALL
Federal Way 33325 Avenue South - Sox 9718
Federall VVay, bVA 98063-971818
(253) 835-7000
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of Chelan County, its officers, agents, or employees, in connection with the services required by the
Agreement, provided, however, that:
(a) Chelan County's obligations to indemnify, defend and hold harmless shall not extend to
injuries, sickness, death or damage caused by or resulting from the sole willful misconduct or negligence
of the City, its officers, agents or employees or sub -consultants-, and
(b) Chelan County's obligations to indemnify, defend and hold harmless for injuries, sickness,
death or damage caused by or resulting from the concurrent negligence or willful misconduct of the
Chelan County and the City or of Chelan County and a third party other than an officer, agent or
employee of Chelan County, shall apply only to the extent of the negligence or willful misconduct of
Chelan County.
20- RIGHT OF REFUSAL AND TRANSPORTATION
(a) Chelan County shall have the right to refuse to accept any inmate from the City when, in the
opinion of Chelan County, its inmate census is at capacity that there is a substantial risk that, through
usual operation of the jail, the reasonable operational capacity limits of the jail might be reached or
exceeded.
(b) Chelan County shall further have the right to refuse to accept any inmate from the City who, in
the judgment of Chelan County, has a current illness or injury which may adversely affect the operations
of the CCRJC, has a history of serious medical problems, presents a substantial risk of escape, or
presents a substantial risk of injury to other persons or property, or is classified as a maximum security
nmate pursuant to Chelan County's Objective Jail Classification System. The inmate should be an
nmate who has already been sentenced by the jurisdiction, and should not be on pre-trial status.
(c) City prisoners incarcerated in Chelan County pursuant to this Agreement shall be transported
o Chelan County and at the expense of Chelan County and shall be returned, if necessary, to the City by
;helan County personnel and at the County's expense provided that notice of the necessity of transport
s received by Chelan County three (3) days prior to the time of expected transport, with a minimum of
en (10) days total incarceration. The City hereby designates Maggie Mire the City's official authorized
o notify Chelan County of the dates for transport and the specific inmates to be transported.
"I - INDEPENDENT CONTRACTOR
In providing services under this contract, Chelan County is an independent contractor and neither
or its' officers, agents or employees are employees of the City for any purpose, including responsibility
)r any federal or state tax, industrial insurance or Social Security liability_ Neither shall the provision of
ervices under this Agreement give rise to any claim of career service or civil service rights, which may
ccrue to an employee of the City under any applicable law, rule or regulation.
2. GENERAL PROVISIONS
(a) Severability. In the event any provisions of this Agreement shall be determined to be
nenforceable or otherwise invalid for any reason, such provisions shall be enforced and valid to the
xtent permitted by law. All provisions of this Agreement are severable and unenforceability or invalidity
f a single provision herein shall not affect the remaining provisions.
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CITY HALL
Way 33325 8th Avenue South - PO Box 9718
Federal Way VVA 98063-9718
(253)835-7000
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)ndition presenting an eminent danger to the safety of the inmate or to the inmates or personnel of
helan County. In the event of any such emergency removal, Chelan County shall inform the City of the
hereabouts of the inmate or inmates so removed, at the earliest practicable time, and shall exercise all
asonable care for the safe keeping and custody of such inmate or inmates_
ESCAPES
In the event any City inmate escapes from Chelan County's custody, Chelan County will use all
asonable means to recapture the inmate. The escape shall be reported immediately to the City.
-ielan County shall have the primary responsibility for and authority to direct the pursuit and retaking of
e inmate or inmates within its own territory_ Any cost in connection therewith shall be chargeable to
id borne by Chelan County; however, Chelan County shall not be required to expend unreasonable
nounts to pursue and return inmates from other counties, states or countries.
DEATH OF AN INMATE
(a) In the event of the death of a City inmate, the Chelan County Coroner shall be notified. The
ty shall receive copies of any records made at or in connection with such notification.
(b) Chelan County shall immediately notify the City of the death of a City inmate, furnish
'ormation as requested, and follow the instructions of the City with regard to the disposition of the body -
I the case of an unattended death, suspicious death, or criminal case, the Chelan County Coroner
wld have authority over the deceased and would coordinate with local law enforcement to finish the
iestigation prior to the release of the deceased inmate. The City hereby designates Police Chief,
eputy Chief and/or any available Federal Way Command Staff member the official authorized to
guest information from and provide instructions to Chelan County regarding deceased inmates. The
dy shall not be released except on written order of said appropriate official of the City. Written notice
all be provided within three (3) working days of receipt by the City of notice of such death. All
penses relative to any necessary preparation of the body and shipment charges shall be paid by the
y. wth the City's consent, Chelan County may arrange for burial and all matters related or incidental
:reto, and all such expenses shall be paid by the City. The provisions of this paragraph shall govern
ly the relations between or among the parties hereto and shall not affect the liability of any relative or
ier persons for the disposition of the deceased or for any expenses connected therewith.
(c) The City shall receive a certified copy of the death certificate for any of its inmates who have
!s while in Chelan County's custody.
RETAKING OF INMATES
Upon request from Chelan County, the City shall, at its expense, retake any City inmate within
•ty-six (36) hours after receipt of such request. In the event the confinement of any City inmate is
minated for any reason, the City shall, at its expense, retake such inmate at the CCRJC Facility.
HOLD HARMLESS AND INDEMNIFICATION
Chelan County agrees to hold harmless, indemnify and defend the City, its officers, agents and
1ployees, from and against any and all claims, losses, or liability, for injuries, sickness or death of
-sons, or damage to property, arising out of any willfu28 isconduct or negligent act, error, or omission
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`CITY OF CITY HALL
Federal Way 33325 8th Avenue - 18 Box 9718
Federal Way. LVA 98063-8063- 9718
(253)835-7000
"Any cltvoffe<herviway con;
outside of the CCRJC and shall be billed therefore. Examples of medical services which may be
provided in the CCRJC but which are not routine, and for which the City shall be billed include, but are
not necessarily limited to, HIV/AIDS treatment, chemotherapy, dialysis treatment, and hemophiliac
treatment. No psychiatric or dental treatment can be provided in the CCRJC; all psychiatric and dental
treatment of the City's inmates shall be billed to the City.
(b) An adequate record of all such services shall be kept by Chelan County for the City's review at
its request, to the extent consistent with confidentiality regulations. Any medical or dental services of
major consequence shall be reported to the City as soon as time permits.
(c) Should medical, psychiatric or dental services require off-site care or hospitalization, the City
agrees to compensate Chelan County dollar for dollar any amount expended or cost incurred in providing
:he same; provided that Chelan notifies the City immediately, or as soon as practical, to allow the City an
opportunity to release the inmate from the City's custody, if and when appropriate. Any City inmate who
s removed from the Chelan County Jail for any medical reason or purpose, where no notification is
)rovided, is to be considered no longer a City responsible inmate. In all cases, the City will be notified by
:ontacting the on -duty Patrol supervisor at (253) 835-6851. Inmates who are released from custody
)n a medical furlough will be advised to return to the Chelan County Jail to complete their sentence upon
elease from the medical facility.
3. DISCIPLINE
Chelan County shall have physical control over and power to execute disciplinary authority over all
imates of the City's. However, nothing contained herein shall be construed to authorize or permit the
nposition of a type of discipline prohibited by applicable law.
4. RECORDS AND REPORTS
(a) The City shall forward to Chelan County before or at the time of delivery of each inmate a copy
f all inmate records pertaining to the inmate's present incarceration_ If additional information is
:quested regarding a particular inmate, the parties shall mutually cooperate to provide any additional
formation in a timely manner.
(b) Chelan County shall keep all necessary and pertinent records concerning such inmates in the
anner mutually agreed upon by the parties hereto. During an inmate's confinement in Chelan County,
e City shall upon request be entitled to receive and be furnished with copies of any report or records
;sociated with said inmate(s) incarceration.
i. REMOVAL FROM THE JAIL
An inmate of the City's legally confined in Chelan County shall not be removed there from by any
!rson without written authorization from the City or by order of any court having jurisdiction. The City
!reby designates the Police Chief, Deputy Chief and/or any available Federal Way Command Staff
ember the 'official" authorized to direct Chelan County to remove the City's inmates from the CCRJC.
ielan County agrees that no early releases or alternatives to incarceration including furloughs, passes,
Irk release, work crews or electronic home detention shall be granted to any inmate without written
thorization from the committing court. This paragraph shall not apply to an emergency necessitating
immediate removal of the inmate for medical, psychiatric, dental treatment or other catastrophic
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�. Fe d e ra I Way Feder 8th Avenue South • 18 Box 9718
Federal Way. bVA 98063-9718
�� (253)835-7000
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Manage, maintain and operate its facilities consistent with all applicable federal, state and local laws and
-gulations.
FURLOUGHS, PASSES, AND WORK RELEASE
Chelan County agrees that no early releases or alternatives to incarceration, including furloughs,
asses, electronic home detention or work release shall be granted to any inmate housed pursuant to
is Agreement without written authorization by the committing court.
INMATE ACCOUNTS
Chelan County shall establish and maintain an account for each inmate received from the City and
call credit to such account all money which is received and shall make disbursements, debiting such
xounts in accurate amounts for the inmate's personal needs. Disbursements shall be made in limited
nounts as are reasonably necessary for personal maintenance. The Director of the CCRJC shall be
:countable to the City for such inmate funds. At either the termination of this Agreement, the inmate's
sath, release from incarceration, or return to either the City or indefinite release to the court, the
mate's money shall be transferred to either the inmate's account in care of the City, at such time the
ty shall be accountable to the inmate for said fund, or to the inmate.
INMATE PROPERTY
The City may transfer to Chelan County only limited amounts of personal property of the City's
nates' recovered from or surrendered by inmates to the City upon booking. Personal property in
cess of one simple "grocery bag" shall at no time be transferred to Chelan County.
RESPONSIBILITY FOR OFFENDER'S CUSTODY
It shall be the responsibility of Chelan County to confine the inmate or inmates; to provide
atment, including the furnishing of subsistence and all necessary medical and hospital services and
pplies; to provide for the inmates' physical needs; to make available to them programs and/or
atment consistent with the individual needs; to retain them in said custody; to supervise them; to
tintain proper discipline and control; to make certain that they receive no special privileges and that the
ntence and orders of the committing court in the State are faithfully executed-, provided that nothing
rein contained shall be construed to require Chelan County, or any of its agents, to provide service,
atment, facilities or programs for any inmates confined pursuant to this Agreement, which it does not
wide for similar inmates not confined pursuant to this Agreement. Nothing herein shall be construed
to require Chelan County to provide services, treatment, facilities or programs to the City's inmates
ave, beyond or in addition to that required by applicable law.
MEDICAL SERVICES
(a) Inmates shall receive such medical, psychiatric and dental treatment when emergent and
:essary to safeguard their health while housed in the CCRJC. Chelan County shall provide or arrange
the providing of such medical, psychiatric and dental services. Except for routine minor medical
vices provided in the CCRJC, the City shall pay directly or reimburse Chelan County for any and all
;ts associated with the delivery of any emergency and/or major medical service provided to the City's
sates. The City shall be responsible for any and all medical, psychiatric and dental treatment provided
local tail S,:ri'U1_' l\ rr +ai i'a, 4 of 1?6
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`CITY Of
Federal Way
any change of address.
5_ DEFINITIONS
CITY HALL
33325 8th Avenue South - PO Box 9718
Federal Way. VVA 98063-9718
(253)835-7000
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The parties hereby agree that the following terms shall have the specified meanings unless
indicated otherwise herein:
(a) Day. One prisoner day shall be each day or portion thereof which a prisoner appears in
custody on the jail management system. The count shall be conducted by the jail management system
and each participating jurisdiction shall be charged for each prisoner who is detained in the Regional
Justice Center on a charge and/or conviction from the participating jurisdiction. If the prisoner has a
pending charge and/or conviction from more than one jurisdiction, the cost for that prisoner shall be
divided proportionately.
(b) Inmate Classifications shall be pursuant to the Chelan County Objective Jail Inmate
Classification System which is modeled after the National Institute of Corrections Jail Classification
System:
{i) "Minimum" classification shall apply to those inmates -who present a low risk to staff
and the community.
(ii) "Medium" classification shall apply to those inmates who present a moderate risk to
staff and the community.
(iii) "Maximum" classification shall apply to those inmates who present a substantial risk
to staff and the community.
COMPENSATION
(a) Rates. Chelan County agrees to accept and house the City's inmates for compensation per
imate at the rate of $70.00 per day (also see #12 below). This includes minimum and medium
iassification inmates. The parties agree that Chelan County will not charge a separate booking fee in
ddition to such rate. The date of booking into the CCRJC of the City's inmates, no matter how little time
f a twenty-four (24) hour day it constitutes, shall count as one day and shall be billed to the City as a day
f custody in Chelan County.
(b) Billing and Payment. Chelan County agrees to provide the City with an itemized bill listing all
ames of inmates who are housed, the number of days housed (including the date and time of booking
nd date and time of release), and the dollar amount due for each. Chelan County agrees to provide
aid bill by the 10th of each month. The City agrees to make payment to Chelan County within 30 days of
,ceipt of such bili for the amount billed for the previous calendar month.
RIGHT OF INSPECTION
The City shall have the right to inspect, at all reasonable times, all Chelan County facilities in
hich inmates of the City are confined in order to determine if such jail maintains standards of
mfinement acceptable to the City and that such inmates therein are treated equally regardless of race,
ligion, color, creed or national origin; provided, however, that Chelan County shall be obligated to
crlurrl Jail ticr�icc:.1<rccnncut 'nni'_ Rat r.;il 1;;:,- ;,,t 25
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CITY Of
,., Federal
TERMINATION
CITY HALL
Way 33325 8th Avenue South - PO Box 9718
Federal Way. WA 98063-9718
(253)835-7000
tvvvw cayoNeieraiway cons
(a) By either party. This Agreement may be terminated by written notice from either party to the
:her party delivered by regular mail to the contact person identified herein, provided that termination
call become effective sixty (60) working days after receipt of such notice. Within said sixty (60) days,
e City agrees to remove its inmate(s) from the CCRJC.
(b) By the City due to lack of funding. The obligation of the City to pay Chelan County under the
ovision of this Agreement beyond the current fiscal year is expressly made contingent upon the
)propriation, budgeting availability of sufficient funds by the City. In the event that such funds are not
fidgeted, appropriated or otherwise made available for the purpose of payment under this Agreement at
iy time after the current fiscal year, then the City shall have the option of terminating the Agreement
)on written notice to Chelan County, except that all services provided to that point shall be
)mpensated at the agreed rate. The termination of this Agreement for this reason will not cause any
malty to be charged to the City.
(c) Termination for Breach. In the event the City breaches or fails to perform or observe any of
e terms or conditions herein, and fails to cure such breach or default within seven (7) days of County's
✓ing the City written notice thereof, or, if not reasonably capable of being cured within such seven (7)
iys, within such other period of time as may be reasonable in the circumstances, County may terminate
City's rights under this Agreement in addition to and not in limitation of any other remedy of County at
N or in equity, and the failure of County to exercise such right at any time shall not waive County's right
terminate for any future breach or default.
(d) In the event of termination of this agreement for any reason, the City shall compensate Chelan
)unty for prisoners housed by Chelan County after notice of such termination until the City retakes its
nates in the same manner and at the same rates as if this Agreement had not been terminated.
MAILING ADDRESSES
All notices, reports, and correspondence to the respective parties of this Agreement shall be sent
the following:
ielan County:
Chelan County Regional Justice Center
401 Washington St., Level 2
Wenatchee, WA 98801
Imary Contact Person: Phil Stanley, Director
condary Contact: Ronda McCallister, Administrative Program Manager
y of Federal Way. -
Imary Contact Person
condary Contact:
Federal Way Police Department
33325 8th Ave. South
Federal Way, WA 98003
Stan McCall, Commander
Pam Hall, Patrol Admin.
tices mailed shall be deemed given on the date mailed_ The parties shall notify each other in writing of
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` qrr of CITY NAIL
�. Federal Way Feder 8th Avenue South . 18 Box 9718
�� Federal Way. WA 98063-9718
(253)835-7000
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INTERLOCAL AGREEMENT BETWEEN CHELAN COUNTY, WASHINGTON AND THE CITY OF
FEDERAL WAY, WASHINGTON, FOR THE HOUSING OF INMATES IN THE CHELAN COUNTY
REGIONAL JUSTICE CENTER
THIS INTERLOCAL AGREEMENT is made and entered into on this day of
20 by and between the City of Federal Way, Washington, a Washington
municipal corporation, hereinafter referred to as "City", and Chelan County, Washington,
hereinafter referred to as "Chelan County", each party having been duly organized and now
existing under the laws of the State of Washington.
WITNESSETH:
WHEREAS, the City wishes to designate the Chelan County Regional Justice Center
"CCRJC") as a place of confinement for the incarceration of one or more inmates lawfully committed
:o its custody; and
WHEREAS, Chelan County Department of Corrections is desirous of accepting and keeping in
;ustody such inmate(s) in the CCRJC for a rate of compensation mutually agreed upon by the parties
iereto,- and
WHEREAS, RCW 39.34.080 and other Washington law, as amended, authorizes any county to
:ontract with any other county or city to perform any governmental service, activity or undertaking which
-ach contracting county is authorized by law to perform; and
WHEREAS, the governing bodies of each of the parties hereto have determined to enter into this
►greement 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
lade, the mutual promises and covenants herein contained, and for other good and valuable
c)nsideration, the parties hereto agree as follows:
GOVERNING LAW
The parties hereto agree that, except where expressly otherwise provided, the laws and
lministrative rules and regulations of the State of Washington shall govern in any matter relating to an
mate or inmates confined pursuant to this Agreement.
DURATION
This Agreement shall enter into full force and effect from November 1, 2011 and end October 31,
)12, subject to earlier termination as provided by Section 3 herein. This Agreement may be renewed
itomatically for like successive periods under such terms and conditions as the parties may determine.
thing in this Agreement shall be construed to require the City to house inmates in Chelan County
ntinuously.
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CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: December l 3. 2011
TO: Parks. Recreation, Human Services and Public Safety Council Committee
VIA: Skip Priest, Mayor
FROM: Brian J. Wilson, Chief of Police
SUBJECT: Contract Renewals for Jail Services (Chelan, Buckley, Enumclaw & Fite)
Background
The Cityof Federal Way has maintained contracts for jail. services with various cities and/orcounty
agencies for the past several years. Each of the jail service contracts is due to expire at the
conclusion of 2011.
As of October 2011 . Federal Way began housing misdemeanor inmates in the new SCORE jail
facility. The transfer of inmates from our other outlying -'contract" jails into the new SCORE facility
has allowed an opportunity for minor contractual changes and an opportunity to renew several of
these jail service agreements.
While the bulk of our inmate population will be housed at SCORE, we still wish to maintain *-open"
contracts with our other outlying jail service providers. These contracts, though non -committal and
without financial impact, shall serve as a --safety net' should our average daily population (ADP) of
inmates unexpectedly change.
Proposal
That the City Of Federal Way extends our existing jail contracts as follows:
• All contracts transfer to a "first come, first served" or "space available" basis with no
minimum bed fees.
• Buckley jail rates shall remain $57.00 per day, per bed. -inmate through 2012.
• Chelan jail rates shall remain $70.00 per day, per bedinmate through 2012.
• Enumclaw jail rates shall remain $60.00 per day, per bediirnmate, with a contractual
clause allowing for the daily rate to potentially rise to a maximum of S65-00.
• Each of these contracts will be valid through December 3 i, 2012.
Attachments:
Jail Service Agreenients -
Buckley., Enumciam.- & Chelan.
22
COUNCIL MEETING DATE: December 20, 2011
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: RENEWAL OF JAIL SERVICES CONTRACTS
POLICY QUESTION: Should the City Of Federal Way Federal Way Police Department approc c the este rasion
of modified jail contracts for the listed outlying jail facilities through December 201 )-.1
COMMITTEE: PARKS, RECREATION, HUMAN SERVICES & PUBLIC NIEETING DATE:
SAFETY COUNCIL COMMITTEE (PRHS&PS) December 13. _01 1
-----------------------------------------------------------------------
CATEGORY:
® Consent ❑ Ordinance
❑ Public Hearing
❑ City Council Business ❑ Resolution
❑ Other
STAFF REPORT BY: Lt. Jim Nelson DEPT: Police
Attachments:
L. PRHSPS Committee Memo
2. Jail Contracts - (Buckley, Chelan & Enumclaw)
Options Considered:
1. Approve Contracts
2. Reject Contracts
MAYOR's RECOMMENDATION:
- - — - --- - -
----
MAYORAPPROVAL:Commit hZ DIRECTOR APPROVAL: JtV..I,,1-,Jh,�1,}L l��,,E,-�G�GC'y�.kF//
� Council Couuwnca Cowidl
COMMITTEE RECOMMENDATION: 1 move to 16r -ward the proposed Jai1.S'ervrcc� Agreements to the lull Council
Consent agenda for approval.
Committee Chair Committee Member Conutiittee Member
PROPOSED COUNCIL MOTION: -1 move approval of the Jail Services Agreements. of/ective through
December 31. 2012. and authorize the Mayor to sign said agreements. "
(BELOW TO BE COMPLETED BYCITYCLERKSOFFICE)
COUNCIL ACTION: — —
11 APPROVED COUNCIL BILL ik
DENIED I - "r reading
TABLED/DEFERRED/NO .ACTION Enactment reading
MOVED TO SECOND READING lordmance; onty) ORDINANCE #
REVISED - 08'12.2010 RESOLUTION --
21
• Ensure that officers assigned to the multijurisdictional HVE campaigns
are qualified to enforce the impaired driving laws as outlined on page 2,
section 3 of this document.
• Require all officers participating in multijurisdictional HVE patrols to
attend mobilization briefings.
• Ensure officers conduct a minimum of three (3) self -initiated contacts
per hour.
This is an enforcement activity that is intended to apprehend violators. It
is expected that a Notice of Infraction/Citation (NOI/C) will be issued at
contact unless circumstances dictate otherwise. It is understood that
violator contacts may result in related, time-consuming activity. Such
activity will be considered for reimbursement.
Activity other than that initiated through HVE patrol contact
(investigating collisions, emergency responses, etc.) will be the
responsibility of the contracting agency and may not be
considered for reimbursement.
• Require officers to complete and submit multijurisdictional HVE patrol
productivity on WTSC Emphasis Patrol Activity Log.
Agency Signature
Date
Created: September 30, 2011 20 Pale 8 of 8
• Multijurisdictional enforcement is defined as a minimum of three law
enforcement agencies (LEA's) or patrol units participating at a
designated date and time, enforcing a specific activity, in a location
determined by fatality and serious injury collision data.
Responsibilities
WTSC:
• Provide Funding.
• Coordinate paid media at the state level.
• Lead earned media efforts for:
o Holiday DUI
o Click It or Ticket
o Drive Hammered Get Nailed.
• Summarize enforcement activity.
• Report results to the National -Highway Traffic Safety Administration.
Target Zero Manager and Law Enforcement Liaison:
• Lead the development of Multijurisdictional High Visibility
Enforcement Mobilization Plans.
• Coordinate mobilization briefings.
• Lead earned media efforts for:
o St. Patrick's Day DUI
o Summer DUI
• Lead earned media efforts optional for all other mobilizations.
• Review and approve all MOUs, invoices, and other documentation
before submission to WTSC.
Law Enforcement Agencies:
• Provide commissioned police officer(s) (active or paid reserve) with
appropriate equipment (vehicle, radar, etc.) to participate in
multijunsdictional HVE patrols.
Created: September 30, 201 1 19 Page 7 Of S
Addendum A
Mulbiurisdictional High -Visibility Enforcement Protocols
Purpose
This protocol is intended to guide Target Zero Managers, Law Enforcement
Liaisons, and law enforcement agencies in coordinating multijurisdictional
high visibility enforcement (HVE) mobilizations to address impaired driving
and seat belt use. These mobilizations are funded by federal highway
safety grants.
Goal
The goal of multijurisdictional high -visibility campaigns is to reduce fatal
and serious injury collisions through the coordination of:
• Publicity addressing increased enforcement, and
• Increased contacts and arrests of violators.
Funding from the Washington Traffic Safety Commission (WTSC) will
support multijurisdictional HVE patrol activities to increase the number of
officers working on impaired driving, and occupant protection enforcement.
Public education and media will be coordinated by the Target Zero
Manager and Law Enforcement Liaison. The law enforcement activity will
support the media effort by demonstrating to the public that the media
messages are true; i.e., that "extra enforcement patrols (with a particular
focus) are going on now" so that the public takes the media messages
seriously.
The media work will support the police effort by encouraging voluntary
compliance with the law. The objective of multijurisdictional HVE patrol
activities is to change driver behavior by raising the awareness of tougher
enforcement.
Definitions:
• HVE is enforcement of the law in conjunction with publicity that draws
the attention of the public to the enforcement activity.
Created: September 30, O 11 18 Pa�,e 0 4t' S
12. DISPUTES: Disputes arising under this Memorandum shall be resolved by a panel
consisting of one representative of the WTSC, one representative from Agency, and a
mutually agreed upon third party. The dispute panel shall decide the dispute by majority
vote.
13. 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.
14. 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.
Agency Signature
(Date)
Washington Traffic Safety
Commission Signature
(Date)
Please return this signed MOU (No later than October 24, 2011) to
your Target Zero Manager:
Cesi Velez, Target Zero Manager
Kent Police Department
2204 1Ave. S.
Kent, WA 98032
Target Zero Manager will forward this signed document to:
Angie Ward, WTSC
621 — 8"' Avenue SW, Suite 409
PO Box 40944
Olympia, WA 98504-0944
360.725.9860
No later than October 31, 2011
Created: September 30, 2011 17 Page 5 of 8
9. 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.
10. REIMBURSEMENT OF CLAIMS: Claims for reimbursement must include:
a. Invoice Voucher (A19 -1A Form).
1) Agency 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.
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.
11. DEADLINES FOR CLAIMS
All claims must be approved by your Target Zero Manager, please allow
adequate time for processing in order to meet the following deadlines:
a. First Deadline: All claims for reimbursement for emphasis conducted from
October 1, to June 30, must be received by WTSC no later than August 15,
2012.
b. Second Deadline: All claims for reimbursement for emphasis conducted
between July 1 and September 30 must be received by WTSC no later than
November 15, 2012.
(NOTE: Two separate invoices may be necessary for the Summer Kick-off DUI
patrols if hours are worked in both June and July.)
Invoices submitted for reimbursement after the above dates, will not be paid.
WTSC will NOT accept faxed invoices.
Created: September 30, 2011 16 Va e 4 of 8
Media Contacts:
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, Agency 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 listed below must be available for
weekend media contacts, beginning at noon on Fridays before mobilizations:
Name/Title
Name/Title
Office phone & email Office phone & email
Cell phone
Cell phone
❑ Available weekends per above?* ❑ Available weekends per above?*
4. PAYMENT FOR LAW ENFORCEMENT: Agency will provide commissioned taw
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_ SHIFT LENGTH: Agency will not schedule individual officer shifts for longer than
eight hours_ (WTSC understands there may be instances when more than eight
hours are billed because of DUI processing, etc.)
6. RESERVE OFFICERS: Agency certifies that any reserve officer for whom
reimbursement is claimed has exceeded his/her normal monthly working hours when
participating in this emphasis patrol and is authorized to be paid the amount
requested. Agency understands that reserve officers are not eligible for overtime for
this project.
7. DISPATCH: WTSC will reimburse communications officers/dispatch personnel for
work on this project providing Agency has received prior approval from the WTSC
Program Manager.
8. GRANT AMOUNT: WTSC will reimburse Agency 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.
Upon agreement by the Agency and the local Target Zero Manager, the DUI or
Occupant Protection allocation may be increased or decreased without amending
this agreement PROVIDED THAT the increase in the allocation does not exceed
50% of the original agreed amount for the specific emphasis area. Any increase in
allocation exceeding 50% will require an amendment to this document.
Created: September 3U. 21111 15 Patz 3 of 8
state and will not begin before 4:00 pm. Patrols will occur Friday -Sunday, with the
exception of:
Thursday, November 24, to cover Thanksgiving, and
Wednesday and Thursday, July 4 & 5, to cover the 4th of July Holiday.
Monday, September 3 to cover the Labor Day Holiday
Seat Belts:
Agency will engage in multijurisdictional HVE seat belt -focused patrols on some or
all of the following dates:
May 21, 2012 - June 3, 2012; 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. Agency agrees to take a zero tolerance approach to seat belt
and child car seat violations.
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 seat
belt patrols.
3. CONDITIONS:
For each of the emphasis patrols listed above, Multijurisdictional High Visibility
Enforcement 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, and
unbuckled vehicle occupants. It is expected that Notices of Infraction/Citation
(NOI/C's) will be issued at contact unless circumstances dictate otherwise.
Standardized Field Sobriety Testing (SFST) Training Requirement
Agency certifies that all of the officers participating in patrols under the terms of this
agreement are SFST trained. SFST training is required as follows:
• Officers who received SFST training prior to 2008 will need to pass SFST
refresher training before participating in these patrols.
• Officers who received SFST training in 2008 or later will need to take the SFST
refresher training when their BAC re -certification is due to stay current and be
qualified to work these patrols. (BAC re -certification and SFST refresher training are
required every three years.)
Created: September 30, 2011 14 Page 2 of 8
` ,e i J.1 Ja
4.
i —
at,a
MEMORANDUM OF UNDERSTANDING
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 (Agency) and the Washington
Traffic Safety Commission (WTSC).
IT IS THE PURPOSE OF THIS AGREEMENT to provide overtime funding to law
enforcement agencies to conduct multijurisdictional, high visibility enforcement (HVE),
traffic safety emphasis patrols (as outlined in Addendum A), in support of Target Zero
priorities. The Target Zero Manager and Law Enforcement Liaison assigned to
your county shall coordinate the Scope of Work as outlined below:
TERM: October 1, 2011 - September 30, 2012.
AMOUNTS
Impaired Driving: $7,000.00
EFDA# 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 reduce traffic related deaths and serious injuries by engaging in
multijurisdictional HVE patrols in the areas of impaired driving and occupant
protection.
2. SCOPE OF WORK:
Impaired Driving:
Agency will engage in multijurisdictional HVE patrols for all or part of the following:
Holiday DUI Patrols; November 24, 2011 - January 1, 2012
St. Patrick's Day DUI Patrols; March 9, 2012 - March 18, 2012
Summer Kick -Off DUI Patrols; June 22, 2012 - July 8, 2012
Drive Hammered Get Nailed (DHGN) Labor Day DUI Crackdown;
August 17, 2012 - September 3, 2012.
These patrols shall occur in locations where the highest rate of fatality and serious
injury collisions caused by impaired driving occur in your geographic area of the
Created: September 30. 201 t 13 Pale 1 of 8
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: October 11, 2011
TO: Parks, Recreation, Human Services and Public Safety Council Committee
VIA: Skip Priest, Mayor
FROM: Brian J. Wilson, Chief of Police
SUBJECT: Acceptance of WTSC Grant Money for Target Zero Teams DUI patrols & seatbelt
enforcement patrols
Background
The Washington Traffic Safety Commission (WTSC) and the City of Federal Way have an existing
partnership, focused on DUI and seatbelt enforcement. WTSC funding has allowed Federal Way
Police to strengthen DUI and seatbelt enforcement through overtime funded patrols. WTSC funding
has provided overtime patrols which have netted more than 30 DUI arrests within Federal Way this
year alone.
Proposal
That the City Of Federal Way accepts an on-going Memorandum of Understanding (MOU) for a
term: October 01, 2011 through September 30, 2012. This MOU, (attached for review), will
provide the City of Federal Way Police Department with up to $7,000.00 in overtime
reimbursement funding to continue Target Zero Teams (Mobilization) DUI patrols and up to
$1,200.00 in overtime reimbursement funding for seatbelt enforcement patrol operations.
Funding Source
Washington Traffic Safety Commission (WTSC) grant.
12
COUNCIL MEETING DATE: December 20, 2011 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: WASHINGTON TRAFFIC SAFETYCOMMISSION (WTSC) GRANT MOI ` 20l 1/2012
POLICY QUESTION: Should the City Of Federal Way Police Department accept a Memorandum of
Understanding (MOU) with %,TSC for funds in the amount of $7,000.00 and $1,200.00, respectively, in
overtime monies for the Police Department to conduct emphasis patrols tur unpaired dri% Ing and seatbelt
enforcement, from October 01, 2011 through September '30, 20 12?
COMMITTEE: PARKS, RECREATION, HUMAN SERVICES & PUBLIC MEETING DATE:
SAFETY COUNCIL COMMITTEE (PRHS&PS) December 13, 2011
CATEGORY:
® Consent ❑ Ordinance
❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Lt. Jim Nelson
Attachments:
I. PRHS&PS Memo
2. WTSC DUI/Seatbelt MOLT2011/2012
Options Considered:
1_ Accept MOLT
2. Reject MOL
MAYOR'S RECOMMENDATION:
DEPT: Police
MAYOR APPROVAL: DIRECTOR APPROVAL:
.unuiuttzt Council Comflutwe C"Umil
COMMITTEE RECOMMENDATION: !move to fortcard this proposed A101'fo the Cin Council consent agenda br
approval_
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "! move approval of the Proposer! MOU with the Washington Traffic Safety
Commission, effective October 1, 2011 through September 30, 1011, tvith a total potential compensation of
.8'8,200.00, and authorize the Chief of Police to sign said agreement. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICEi
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED IST reading
❑ TABLED/DEFERRED/NO ACTION Enactmeut reading
❑ MOVED TO SECOND READING /ordinances only) ORDINA*%( F #
REVISED -08!_':2'010 RESOL( TION #
11
Agency address (for mailing fully executed MOU):
33325 81h Ave. S.
PO Box 9 718
Federal Way, WA 98063
Agency PIO contact:
Please return two signed MOUs to your Target Zero Manager.
Cesi Velez, Kent Police Dept
Target Zero Manager
2204 1h Ave. S.
Address
Kent, WA 98032
City/State/Zip
253-856-5884 / cvelez@kentWA gov
Phone/E-mail
Target Zero Manager will return to:
Shelly Baldwin, WTSC Impaired Driving Program Manager
621 - 8"' Avenue SW, Suite 409, PO Box 40944
Olympia, WA 98504-0944
360.725.9889 sbaldwin@wtsc.wa.gov
Created: August 2011 TZT KING LE MOU FFJ2012 Page 4 of 4
WILL NOT be reimbursed.
9. REIMBURSEMENT OF CLAIMS: Claims for reimbursement must include:
a. Invoice Voucher (A19 -1A Form).
• The Federal Way Police Department identified as the
"Claimant";
• A Federal Tax ID #; and,
• Original signature of the agency head, command officer or
contracting officer.
b. Payroll support documents (signed overtime slips, payroll
documents).
c. Officer TZT Emphasis Patrol Activity Logs (attached) showing 3 or
more self -initiated contacts per hour and/or DUI arrests for
reimbursement for any patrol overtime reimbursement.
10. DEADLINE FOR CLAIMS: All claims for reimbursement for emphases
conducted prior to June 30 must be received by WTSC no later than August
15, 2012. Monthly billing is preferred.
11. DISPUTES: Disputes arising under this Memorandum shall be resolved
by a panel consisting of one representative of the WTSC, one
representative from the 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.
Federal Way Police Department
Agency
Contracting Agent (Print)
Washington Traffic Safety Commission
Date
Signature
Date
Created: August 2011 TZT KING LE MOU FF9 2012 Page 3 of 4
Teams project must be proficient in conducting standard field sobriety
tests. SFST training is required as follows:
• Officers who received SFST training prior to 2008 will need to
pass SFST refresher training before participating on these
patrols.
• Officer who received SFST training in 2008 or later will need to
take the SFST refresher training when their BAC re -certification
is due to stay current and be qualified to work these patrols.
(BAC re -certification and SFST refresher training are required
every three years.)
• The 16 -hour Advanced Roadside Impaired Driving Enforcement
(ARIDE) course is recommended for officers participating in
Target Zero Team patrols.
3. PAYMENT FOR LAW ENFORCEMENT: the 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 not to exceed officer overtime of $10,837.50.
Overtime for court appearances that result from a law enforcement officer
making a DUI arrest while on Target Zero Teams patrol will be considered
for reimbursement with approval from the Target Zero Manager or her
designee.
4. DISPATCH: WTSC will reimburse communications officers/dispatch
personnel for work on this project providing the Federal Way Police
Department has received prior approval from the Target Zero Manager.
5. GRANT AMOUNT: WTSC will reimburse the Federal Way Police
Department for overtime salary and benefits. Your agency is allotted
$10,837.50 for the cost of this project. This allocation may be increased
by your Target Zero Manager during the above campaign(s), without
amending this agreement PROVIDED THAT the increase in the allocation
does not exceed 50% of the original amount. Any increase in allocation
exceeding 50% will require an amendment to this document.
6. PERFORMANCE STANDARDS:
a. All participating law enforcement officers are required to have 3
self -initiated contacts per hour of enforcement, or show DUI
arrests.
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
Created: August 2011 TZT KING LE MOU FFhO12 Page 2 of 4
iT �; _;
C� � ?n
`r Y�
MEMORANDUM OF UNDERSTANDING
WASHINGTON TRAFFIC SAFETY COMMISSION
Target Zero Teams
North and South King County Target Zero Task Forces
Law Enforcement
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).
TERM: October 1, 2011 to June 30, 2012
AMOUNT: NOT TO EXCEED $10,837.50
CFDA # 20.600
IT IS THE PURPOSE OF THIS AGREEMENT to provide funding for King
County Law Enforcement Agencies to participate in the Target Zero Teams
project.
GOAL: to reduce the number of people killed or seriously injured by impaired
drivers in King County through aggressive, multi -jurisdictional, high -visibility
patrols using an integrated systems approach to traffic safety which is
evidenced -based and targets the locations where the most safety benefit can
be realized.
IT IS, THEREFORE, MUTUALLY AGREED THAT:
1. SCOPE OF WORK: The Target Zero Team DUI patrols will be deployed at
times and locations where data indicates that the most safety benefit can
be realized as determined by the King County Target Zero Task Forces.
2. CONDITIONS: the Federal Way Police Department will deploy highly
skilled officers in coordination with other King County Law Enforcement
agencies, the King County Target Zero Task Forces, and the WSP District
2 Target Zero Team to generate the highest amount of deterrence
possible.
The Federal Way Police Department certifies that all of the officers
that participate in DUI emphasis patrols under the terms of this
agreement are SFST trained. Officers participating on the Target Zero
Created: August 2011 TZT KING LE MOU FFY 2012 Page 1 of 4
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: October 11, 2011
TO: Parks, Recreation, Human Services and Public Safety Council Committee
VIA: Skip Priest, Mayor
FROM: Brian J. Wilson, Chief of Police
SUBJECT: Acceptance of WTSC Grant Money for Target Zero Teams DUI patrols.
Background
The Washington Traffic Safety Commission (WTSC) and the City of Federal Way have an existing
partnership, focused on DU[ enforcement. WTSC funding has allowed Federal Way Police to
strengthen DUI enforcement through overtime funded DU[ patrols. WTSC funding has provided
overtime patrols which have netted more than 30 DUI arrests within Federal Way this year alone.
Proposal
That the City Of Federal Way accepts an on-going Memorandum of Understanding, (attached for
review), for the term: October OL 2011 through June 30, 2012_ This NIOU will provide the City
of Federal Way Police Department S 10,837.50 in overtime reimbursement funding to continue
Target Zero Teams DUI patrols.
Funding Source
Washington Traffic Safety Commission (WTSC) grant.
N
COUrNCIL y'IEETt G DATE: December 20, 20l t tTENI #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: WASHINGTON TRAFFIC SAFETY COhINIISSION (WTSC) GRANT NIOU' 2011/2012
POLICY QUESTION: Should the City Of Federal Way Police Department accept a Memorandum of
Understanding (MOU) with WTSC for funds in the amount of $10,837.0 in overtime monies for the Police
Department to conduct emphasis patrols for impaired driving from October 01, 2011 through June 30, 2012?
COMMITTEE: PARKS, RECREATION, HUMAN SERVICES & PUBLIC MEETING DATE:
SAFETY COUNCIL COMMITTEE (PRHS&PS) December 13, 2011
CATEGORY: -- -----------
® Consent ❑ Ordinance
❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Lt. Jim Nelson DEPT: Police
Attachments:
L PRHS&PS Memo
2. WTSC Target Zero MOU 2011/2012
Options Considered:
1. Accept MOU
2. Refect MOU'
MAYOR'S RECOMMENDATION:
MAYOR APPROVAL:--mDIRECTOR APPROVAL:
Committ a council Coumunee Council
COMMITTEE RECOMMENDATION:: I move to fryvard this proposed :LIOC� to the City Council consent agenda
for approval.
Committee Chair Committee Member Committee Member
PROPOSED COUNCIL MOTION: "1 move approval of the Proposed MOU i -Pith the Washington Traffic Safety
Commission, effective October 1. 2011 through June 30, 2012, with a total potential compensation of
$10,837.50, and authorize the Chief of Police to sign said agreement. "
(BEL OW TO BE CO'NPLETED B Y CITY CLERKS OFF/CE)
COUNCIL ACTION:
❑ APPROVED COUNCIL BILL #
❑ DENIED O'reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED -08 112010 RESOLUTION #
0
PARKS, RECREATION, HUNIAN SERVICES & PUBLIC SAFETY COUNCIL CONIMITTEE
Tuesday November 8, 2011 Summa r%
Page 2
Other:
Council member asked for an update on the Tree Lights. Director Roz provided an update. There is the ability to
turn off the pedestrian lights. Mr. Roe drove the arca in the dark and discovered that when the lights were turned
offand the Tree Lights illuminated the area, but many spaces were dark. It was decided that from a safety
perspecti%c the pedestrian lights will be lett on. Mr. [Zoe also stated that it is not uncommon for the trees to be
tiandalized, and it is difficult to keep up with the vandalism. There were 21 light outlets to repair this year, and 43
were repaired the previous year at a cost of approximately SI 5,000- The trees will be lit the day atter Thanksgiving.
Mr. Roe also provided an update on the Tree Lighting ceremony. The event will take place at the Commons Mall.
The Commons Mall will provide the location, and pay for the tree decorations. The Arts Commission will be
contacting local performing groups to have them perform at the ceremony. There are still many details to be
worked out_
NEXT MEETING
December 13, 2011.
ADJOURNMENT
Meeting adjourned at 5:54p.m.
K:' PRHSPS Committee`201 i `•November prhsps min.doc
City of Federal Way
City Council
PARKS, RECREATION, HUMAN SERV ICES & PUBLIC SAFETY COUNCIL CONIINUTTEE
Tuesday, November 8, 1-011
5:30 p.m.
SUMMARY
Committee Members in Attendance: Committee Chair Jeanne Burbidge, Council member Mike Park and Council
member Freeman.
Staff Members in Attendance: Brian Wilson, Chief of Police, Cary Roe, Director Parks, Public Works and
Emergency Management, Amy Jo Pearsall, Assistant City Attorney, Craig Feldman, Aquatics Coordinator, and
Mary Jaenicke, Administrative Assistant I[_
Guest: None
Chair Burbidge called the meeting to order at 5:32p.m_
Public Comment: None.
Commission Comment: None
APPROVAL OF SUMMARY
Council member Park moved to approve the September meeting summary. Council member Burbidge
seconded. Motion passed.
BUSINESS ITEMS
First Amendment to ORCA Pacific Inc. Agreement
Craig Feldman stated that ORCA Pacific, Inc. provides pool chemicals, disinfectant and services the pool equipment
as needed. The prices will remain the same with a slight increase on a few products. The original contract amount
was $42,000.00, they are asking for an additional $42,000.00 for a total contract amount of $84,000.00. An RFP
was issued in October of 2010 and four vendors responded. They were the lowest responsive bidder. Mr. Feldman
stated that their service is outstanding. This company is local and is able to provide next day delivery. The funding
will come out of the Community Center Maintenance and Operation budget. Council member Freeman moved to
forward the authorization of a first amendment to the ORCA Pacific, Inc. Agreement by extending their
term an additional year and increase compensation by $42,000.00 and authorize the Mayor to move said
authorization to the full Council November 15, 2011 consent agenda for approval. Council member Park
seconded. Motion passed.
Services Agreement for The Commons at Federal Way Police Services
Chief Wilson stated that this is a one year Agreement with Steadfast Properties for Police Services at The
Commons. The term of the Agreement is January 1, 2012 thru December 31, 2012. This is an ongoing contract,
and is very valuable to the City and The Commons Mall. Numerous calls are generated at The Commons, and
having the Officer's onsite allows for a quicker response time. The Agreement is for three officers. The Commons
pays 50% of the cost for the officers. The total cost of the contract is $148,232.70 per year. Council member Park
stated that two of the officers are 40 hours a week and the third officer is 30 hours a week. He asked where the other
ten hours are. Chief Wilson answered that due to the increases in costs, The Commons in the past years has had
difficulty paying the full cost. So the option to be able to continue with the contract is to cut back one of the
officers, and have the city take on the cost of the additional ten hours, and assign that officer to other duties.
Council member Park moved forward the proposed Agreement to the November 15, 2011 consent agenda for
approval. Council member Freeman seconded. Motion passed.
Cingular Wireless Site Lease Renewal — BPA Trail/Aquatic Center
Ms. Pearsall presented the background information. This agreement has been in effect since 2001. This amendment
is for an additional 5 year term. The current rental rate is $2,701.44, with a 4% increase each year. Council
member Freeman moved to forward the proposed amendment to the Cingular Wireless Site lease to the
November 15, 2011 consent agenda for approval. Council member Park seconded. Motion passed.
MEETING AGENDA
1. CALL TO ORDER
2. PUBLIC COMMENT (3 minutes)
3. COMMISSION COMMENTS
4. COMMITTEE BUSINESS
Topic Title/Description
A. Approval of Minutes: November 8, 2011
B. Washington Traffic Safety Commission (WTSC) Grant MOU
2011/2012 ($10,837.50)
C. Washington Traffic Safety Commission (WTSC) Grant MOU
2011/2012 ($8,200.00)
D. Renewal of Jail services Contracts
Presenter
Wilson
Wilson
Wilson
Action
City of Federal Way
City Council
Parks, Recreation, Human Services & Public Safety Committee
December 13, 2011 City Hall
5:30 p.m. H lebos Conference Room
or Info
3
Action
5
Action
MEETING AGENDA
1. CALL TO ORDER
2. PUBLIC COMMENT (3 minutes)
3. COMMISSION COMMENTS
4. COMMITTEE BUSINESS
Topic Title/Description
A. Approval of Minutes: November 8, 2011
B. Washington Traffic Safety Commission (WTSC) Grant MOU
2011/2012 ($10,837.50)
C. Washington Traffic Safety Commission (WTSC) Grant MOU
2011/2012 ($8,200.00)
D. Renewal of Jail services Contracts
Presenter
Wilson
Wilson
Wilson
21 Action
E. Proposed Amendment to Federal Way Revised Code Richardson 47 Action
Chapter 9.09, Animal Licensing, and Chapter 19.260,
Animal Zoning Regulations, Regarding the Regulation of
Cats and Dogs within the City
F. Banner Infrastructure Across 320"', Associated Banner Use Roe/Richardson 55 Information
Policy and Flower Baskets in the City Center
5. PENDING ITEMS
• Banners
• Festivals
• Concept of Housing in South King County
6. NEXT MEETING: Tuesday, January 9, 2012 5:30pm — Hylebos Conference Room
7. ADJOURNMENT
Council Date
N/A
Consent
1/3/12
Consent
1/3/12
Consent
1/3/12
First Reading
1/3/12
Committee Members City Staff
Jeanne Burbidge, Chair Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management
Roger Freeman
Mike PanF MaryJaenick, Adminisbabve Assistant
N/A
Action
Page
or Info
3
Action
5
Action
11
Action
21 Action
E. Proposed Amendment to Federal Way Revised Code Richardson 47 Action
Chapter 9.09, Animal Licensing, and Chapter 19.260,
Animal Zoning Regulations, Regarding the Regulation of
Cats and Dogs within the City
F. Banner Infrastructure Across 320"', Associated Banner Use Roe/Richardson 55 Information
Policy and Flower Baskets in the City Center
5. PENDING ITEMS
• Banners
• Festivals
• Concept of Housing in South King County
6. NEXT MEETING: Tuesday, January 9, 2012 5:30pm — Hylebos Conference Room
7. ADJOURNMENT
Council Date
N/A
Consent
1/3/12
Consent
1/3/12
Consent
1/3/12
First Reading
1/3/12
Committee Members City Staff
Jeanne Burbidge, Chair Cary M. Roe, P.E., Director of Parks, Public Works and Emergency Management
Roger Freeman
Mike PanF MaryJaenick, Adminisbabve Assistant
N/A