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PRHSPSC PKT 07-11-2017City of Federal Way City Council Parks, Recreation, Human Services & Public Safety Committee July 11, 2017 City Hall 5:00 p.m. H lebos Conference Room MEETING AGENDA *REVISED* 1. CALL TO ORDER 2. PUBLIC COMMENT (3 minutes) 3. COMMISSION COMMENTS 4. COMMITTEE BUSINESS Topic Title/ Description A. Approval of Minutes: June 13, 2017 B. Restorative Justice C. Reciprocal EOC Use Agreement Between the Cities of Auburn, Federal Way and Kent D. Interlocal Cooperative Agreement for the Creation of the Puget Sound Auto Theft Task Force (PSATT) E. MacDonald - Miller Facility Solutions Retainage Release F. Fourth Amendment to the MacDonald - Miller Energy Performance Agreement 5. COUNCIL DISCUSSION ON EMERGING ISSUES 6. PENDING ITEMS • Festivals 7. NEXT REGULAR MEETING: September 12, 2017 8. ADJOURNMENT Committee Members Mark Koppang, Chair Lydia Assefa- Dawson Martin Moore K: \PRHSPS Committee \2017 \07 -11 -2017 Agenda.doc Presenter Page Hutton 31 Action 3 Larson N/A Gross 7 Hwang 15 Hutton 29 Hutton 31 Action Council or Info Date Action N/A Discussion N/A Action Consent 7/18/17 Action Consent 7/18/17 Action Consent 7/18/17 Action Consent 7/18/17 City Staff John Hutton, Parks Director Mary Jaenicke, Administrative Assistant II City of Federal Way City Council Parks, Recreation, Human Services & Public Safety Committee July 11, 2017 City Hall 5:00 P.M. H lebos Conference Room MEETING AGENDA 1. CALL TO ORDER 2. PUBLIC COMMENT (3 minutes) 3. COMMISSION COMMENTS 4. COMMITTEE BUSINESS Topic Title/ Description Presenter Page Action Council or Info Date A. Approval of Minutes: June 13, 2017 3 Action N/A B. Restorative Justice Larson N/A Discussion N/A C. 2016 Emergency Management Performance Grant Gross 7 Action Consent 7/18/17 D. Interlocal Cooperative Agreement for the Creation of the Hwang 15 Action Consent Puget Sound Auto Theft Task Force (PSATT) 7/18/17 E. MacDonald - Miller Facility Solutions Retainage Release Hutton 29 Action Consent 7/18/17 F. Fourth Amendment to the MacDonald - Miller Energy Hutton 31 Action Consent Performance Agreement 7/18/17 5. COUNCIL DISCUSSION ON EMERGING ISSUES 6. PENDING ITEMS • Festivals 7. NEXT REGULAR MEETING: September 12, 2017 8. ADJOURNMENT Committee Members Mark Koppang, Chair Lydia Assefa -Dawson Martin Moore 1 K: \PRHSPS Committee \2017 \07 -11 -2017 Agenda.doc City Staff John Hutton, Parks Director Mary >aenicke, Administrative Assistant II This Page Left Blank Intentionally City of Federal Way City Council PARKS, RECREATION HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday June 13, 2017 5:00 p.m. SUMMARY Committee Members in Attendance: Chair Koppang, Committee member Moore, Committee member Assefa- Dawson Council Members in Attendance: Deputy Mayor Burbidge Staff Members in Attendance: Ryan Call, City Attorney, Chief Andy Hwang, Eric Rhoades, Assistant City Attorney, Steve Ikerd, Deputy Parks Director, Jeff Watson, Community Services Manager, Sarah Bridgeford, CDBG Coordinator, Jeri -Lynn Clark, Executive Asst., and Mary Jaenicke, Administrative Asst. II. Chair Koppang called the meeting to order at 5:00p.m. Commission Comment: None Agenda item B has been moved to the end of committee business BUSINESS ITEMS Approval of Minutes Committee member Assefa- Dawson moved to approve the May minutes as written, Chair Koppang seconded the motion. Motion passed. Ballistic Vest Partnership (BVP) Grant Every officer is required to wear a ballistic vest. Sixty vests will need to be replaced next year, at a cost of $1237.00 per vest, for a total estimated cost of $75,457.00. The Ballistic Vest Partnership grant provides for reimbursement for 50% ballistic vest costs. Committee member Assefa- Dawson moved to forward the 2017 Ballistic Vest Partnership (BVP) Grant application and acceptance request to the June 20, 2017 consent agenda for approval. Committee member Moore seconded. Motion Passed. Amendment No. 1 to the Washington Traffic Safety Commission (WTSC) Target Zero Team (TZT) Interagency Funding Agreement 2016 -2017 The Police Department partners with the Washington Traffic Safety Commission (WTSC) to address distracted driving, seatbelt and DUI enforcement. They originally received a grant in the amount of $24,400 and were informed that they would be receiving an additional $2,000 grant award. Committee member Assefa- Dawson moved to forward the proposal to accept additional funding from WTSC in the amount of $2,000 for traffic safety emphasis patrols to the June, 20 2017 City Council Agenda. Committee member Moore seconded. The motion was amended by committee member Assefa- Dawson to forward the proposal to accept additional funding from WTSC in the amount of $2,000 for traffic safety emphasis patrols to the June 20, 2017 City Council Consent agenda. Committee Member Moore Seconded. Motion passed. Federal Way Day Center Mr. Watson reported that the Day Shelter opened in early December, 2016 and saw an average of 23 people per day thru the end of the year. They are now averaging 50 people a day. 67% of those they are serving are male. 380 Federal Way residents were served between January and May, and there have been a total of 4100 visits. They have made 30 referrals for things like case management and substance abuse, and they are working with community partners that are coming in on a semi - regular basis. They have been able to get 13 people housed in shelters, and nine people permanently housed, and there have been K:\PRHSPS Committee\2017 \06 -13 -2017 Mins.doc PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, June 13, 2017 Summary Page 2 ten people with an increase in income. There have been some issues such as an increase in trash, but they are continuing to build good relationships with their neighbors. Chair Koppang motioned that a report on the Day Center be presented at the July 18 City Council meeting. Committee member Moore seconded. Motion passed. Chair Koppang suspended Council Business for public comment. Public Comment: Xochitl Maykovich, an organizer from Washington Community Action Network (CAN), stated that almost half of the people in Federal Way are renters. According to the census data, many of the rental houses were built before 1979. She spoke of the poor quality of those houses, and that many people are dealing with substandard housing. She spoke in favor of a rental inspection program in Federal Way, similar to what Seattle and Tukwila have. Ashley Cormier, is the Federal Way organizer for Washington CAN, and she has community meetings every month. She has been doing a lot of outreach with people that live in apartments. She also spoke in favor of a rental inspection program for houses and apartments in Federal Way. First Amendment to the 2016 Community Development Block Grant (CDBG) Annual Action Plan In 2015, Dawn applied for a capital award for their domestic violence shelter in Kent. The Human Services Commission recommended approval of the funding for their project. Staff discovered that project was not included in the Annual Action Plan for the 2016 program year. A contract for the project was negotiated with DAWN and the city has been moving forward with the belief that it had been included in the Action Plan. Because it was not included in the Action Plan, they do not have the authority to spend the money. They must change the Action Plan to add the project and it must go through the same process. The project cost has changed since the initial recommendation and there is an increase to the total project cost; this increase will not affect the funding for the other projects. Committee member Moore moved to forward the First Amendment to the 2016 CDBG Annual Action Plan to the June 20, 2017 City Council agenda for Public Hearing. Committee member Assefa- Dawson seconded. Motion passed. Federal Way Violence Prevention Coalition Recommendation Ms. Clark distributed materials that are in response from requests that were made at the last meeting, and those materials will be discussed at the July meeting. Chair Koppang reviewed the recommendations that were discussed at the May meeting. Chief Hwang reported that they contacted Sportsmen Warehouse and Federal Way Discount Guns, and they have agreed to give Federal Way residents a 10% discount on the purchase of any gun locking devices or gun safes. Recommendation #6 The FWVPCSC recommends the City of Federal Way explores the creation of additional after - school programs throughout the city. The Federal Way Community Center will be implementing an after - school program, and the Federal Way School District has agreed to transport the students from the schools to the Community Center. This recommendation will be an action item at the July meeting. The committee accepted this recommendation. Recommendation #7 The FWVPCSC recommends the City of Federal Way support the creation and expansion of social /emotional learning to more schools, after- school programs and other youth- serving organizations. Mr. Watson stated that one example of this is Communities in Schools has a mentorship program. There is a coordinator in all of the high schools and in many of the middle schools. That coordinator is a 4 PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, June 13, 2017 Summary Page 3 resource for students to turn to. Ms. Bridgeford added that there are programs offered that are funded through the City's Human Services General Fund. Mr. Call also added that the scope of this recommendation goes beyond helping children; it's also educating parents on how to be parents. The city has a limited scope of authority, and needs to explore how they can partner with the school district. The city needs to develop a strong relationship with the school district. Committee member Moore moved that the Committee concurred with the recommendation as it's been submitted. Committee member Assefa- Dawson seconded. Motion passed. Recommendation #8 The FWVPCSC recommends the City of Federal Way explore opportunities to expand youth substance use treatment in Federal Way and reduce barriers for families and youth seeking treatment. Valley Cities is providing youth substance abuse treatment in the schools. The City of Federal Way provides some funding for this program. It's a small program, and does not address all of the needs. There is also WAPI Community Services, which is a non - profit agency serving Asian Pacific Islander youth and all youth of Color, ages 10 -20, in the Seattle area. Their goal is to help youth deal with substance abuse /dependency issues and to provide youth with healthy alternatives to substance use. Committee member Moore moved to explore opportunities to expand youth substance use treatment in Federal Way and reduce barriers for families and youth seeking treatment with additional partners such as WAPI Community Services. Committee member Assefa- Dawson seconded. Motion passed. Recommendation #9 The FWVPCSC recommends the City of Federal Way provide a comprehensive job training program for youth in Federal Way. This would be a focus for the Economic Development Department. Committee member Moore suggested adding this to the Economic Development Strategy which is called "Some Assembly Required ". Committee member Moore moved to approve the recommendation from FWVPCSC as written, and add labor to the list of partners. Committee member Assefa- Dawson seconded. Motion passed. Recommendation #10 The FWVPSC recommends the City of Federal Way devote dedicated staff time to implementing VPCSC recommendations, seeking funding and building relationships with community-based organizations. This will also include the school district. Chair Koppang spoke about the possibility of hiring seven additional officers and two full -time staff people to help with the implementation of the recommendations; instead of dealing with the effects of the crime, the city would be trying to prevent the crime. This would be the Mayor's decision. Mr. Call stated that Council can dictate a policy or a goal they want to achieve, and the Mayor would decide what the staffing level would need to be in order to achieve the goal. Council cannot create the position or the funding for the position. Chair Koppang moved to approve the FWVPSC's recommendation as written. Committee member Moore seconded. Motion passed. The August meeting has been cancelled. COUNCIL DISCUSSION ON EMERGING ISSUES Committee member Moore requested a briefing on neighborhood crimes and mail theft. Chief Hwang will be giving a presentation at the Neighborhood Connections meeting. Crime is down 9% this year. Committee member Moore also inquired about the police department's Twitter account; he would like the public to be informed when a serious incident has occurred. Chief Hwang replied that they have a Facebook and Twitter account, and they do put out information when there is a significant event. They don't put information on social media right away, because it's very important that the information is accurate. PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, June 13, 2017 Summary Page 4 NEXT MEETING July 11, 2017 ADJOURNMENT Meeting adjourned at 6:47p.m. SUBJECT: 2016 EMERGENCY MANAGEMENT PERFORMANCE GRANT POLICY QUESTION: Should the City of Federal Way sign the Reciprocal EOC use agreement between the cities of Auburn, Federal Way, and Kent. COMMITTEE: Parks, Recreation, Human Services, and Public Safety MEETING DATE: July 11, 2017 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Ray Gross, Emergency Mana er _ DEPT: Emergency Management - ..._ -._.. _...._ ..._....._.._........_ _.......... -_... ..................... __ .. g __.._._..._..... .._....................- ....... . _..... -- -- .,,.... _....._......_...._.......... ...... .... .---- ................... Attachments: Reciprocal EOC Use Agreement Between the Cities of Auburn, Federal Way, Kent Options Considered: Option 1. Approve the City of Federal Way to sign the Reciprocal EOC Use Agreement. Option 2. Do not approve the City of Federal Way to sign the Reciprocal EOC Use Agreement and provide direction to staff. MAYOR'S RECOMMENDATION: Approval of Option 1, for the City of Federal Way to sign the Reciprocal EOC Use Agreement. _ MAYOR APPROVAL: �r)� DIRECTOR APPROVAL: Comn tree Coun Initial/Date Initial/Date Initial/Date COMMITTEE RECOMMENDATION: I move tohforward the Reciprocal EOC Use Agreement between the Cities o> Auburn. Federal Way. Kent to the July 18` .2017 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2016 RESOLUTION # Reciprocal EOC Use Agreement Between the Cities of Auburn, Federal Way, Kent 1. The Parties to this Agreement are The City of Auburn, The City of Kent, and the City of Federal Way, each of which is a municipal corporation authorized to enter into this agreement pursuant to Chapter 39.34 (Interlocal Cooperation Act) of the Revised Code of Washington. 2. Statement of need or goals. All parties recognize the importance for each city to have an Emergency Operations Center (EOC) to coordinate emergency operations during major emergencies or events. Each city has a dedicated EOC, and trained staff to coordinate its efforts as described in each city's Comprehensive Emergency Plan. All parties also recognize that an event or emergency may render the EOC of any, or all, cities inoperable and the parties may need to perform EOC related duties from an alternate location. The purpose of this Agreement is to allow one party to use the EOC of another party, if available for use. 3. What is included in the Agreement. Use of the host city's EOC, communications equipment, audio visual equipment and other equipment that generally makes up the EOC. 4. Radios /phones /computers /room size needed. While each EOC will have different features, capabilities and equipment, it is the intent of the parties that the features, capabilities and equipment in use in any EOC, included but not limited to electricity, water, internet, cable, restroom(s), telephone(s), computer(s), and radio(s), will be available for use by the requesting city. 5. When Agreement will be used. The Agreement may be used when a requesting city's EOC is determined to be unusable during an event that would normally prompt the city to open and operate its EOC. This includes any event that triggers the requesting city's emergency management system. A host city's EOC will only be available if the host city does not anticipate using its EOC during an event. 6. How to activate. Upon determination of need by the requesting city's emergency manager or designee, the requesting city's emergency manager or designee will contact the host city's emergency manager, or designee, to request use of the host city's EOC. The request should estimate the level of activation (number of people expected to operate the EOC for the event or incident) and the estimated time the EOC will need to be operational. Any special needs should also be described at the time of the request. 7. Duration. The parties agree that effective EOC operations are essential for successful resolution of an incident or event, and once open, the host EOC should be available for at least one operational period. If an activation lasts more than one operational period, the EOC manager shall provide the host city with an updated estimated time the EOC will need to be operational. The requesting city will keep the activation as short of duration as Pagg 1 of 6 reasonable. Operational periods vary depending on the event or emergency and frequently last for periods of 4 -12 hours. 8. Support by host city. The host city will provide a liaison, when possible, to assist with operation of equipment, supplies, and other infrastructure needed to operate the EOC. Once up and operational, the parties will determine if the liaison is required full time, or simply available as needed. 9. Requesting city responsibilities. The requesting city shall maintain all equipment in an operational condition and shall not make any changes to computers, radios, hardware or software without the consent of the host city. The requesting city is responsible for the cleanup of any debris and returning the facility to its normal condition. 10. Recovery of any costs incurred. The requesting city shall be responsible for any damages, repairs, and personnel costs incurred by the host city as a result of the requesting city's use. 11. Timing. The host city will make the EOC available within one hour of approving a request. 12. Practice/Exercise. In order to effectively activate this Agreement and use another city's EOC, the parties recognize that training and/or exercises will be beneficial to all parties. The parties agree to host one training session or exercise lasting up to 3 hours in their EOC each year. The timing and duration of the training session or exercise shall be mutually agreed upon by the parties. 13. Contact information. Each city will provide contact information for three city individuals authorized to allow a host city to use its EOC on short notice. Contact information shall include name, title, email address, work phone and mobile phone number for each individual and should be updated or confirmed when a listed individual leaves his/her position or on an annual basis. 14. Reciprocal nature. The intent of this Agreement is to be reciprocal in nature. Each city acknowledges that it may either act as the host city or the requesting city at any time and that the benefits are roughly equal in nature. 15. Cancellation of agreement. Should any party desire to withdraw from this agreement, it shall provide 30 day's written notice to the other parties. In the event that one city withdraws from the agreement, it shall not affect the other parties' agreement. 16. Insurance. The requesting city shall be responsible for maintaining, during the term of this Agreement and at its sole cost and expense, the types of insurance coverage, that include a severability of interest provision, as appropriate for the size of the EOC and the host city. 17. Indemnification. Indemnification and Defense: Each city agrees to defend, indemnify and hold the other cities, their officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses, or suits, including but not limited to reasonable attorney fees and litigation costs (hereinafter `claims'), allegedly caused solely by the Paq 2 of 6 negligence or willful misconduct of such city, its agents, affiliated corporations, officers, officials, employees, volunteers, or lower tier subcontractors, (hereinafter tortfeasors), arising out of or in connection with the performance of this Agreement. If the negligence or willful misconduct of more than one city or its tortfeasors is a cause of such claims then the liability shall be shared between those cities in proportion to the relative degree of negligence or willful misconduct between such cities and such proportion shall apply to the rights of indemnity and defense. 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 concurrent negligence of the Cities and their tortfeasors, then each city's liability shall be only to the extent of its negligence. Solely for the purposes of this indemnification, it is further specifically and expressly understood that the indemnification provided herein constitutes the cities' waiver of immunity under Industrial Insurance, Title 51 RCW, for claims brought by any party or party's employee against another party. Furthermore, in the event of a property loss each city agrees to waive any rights of recovery against each other to the extent the property loss at issue is covered by insurance. These waivers have been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this agreement. 18. Dispute Resolution a. Meet and Confer Process In the event that any party believes another party has breached a term of this Agreement, it may request in writing that the parties meet and confer in good faith for the purpose of attempting to reach a mutually satisfactory resolution of the problem within fifteen (15) days of the date of service of the written request. b. Notice of Disagreement A party unsatisfied with the meet and confer process may file a Notice of Disagreement within fifteen (15) days of the meet and confer process by providing written notice to the other party. A party not electing to utilize the meet and confer process may file a Notice of Disagreement at any time by providing written notice to the other party. The Notice of Disagreement shall identify and describe any alleged breach of the Agreement with particularity and shall identify the action required to remedy the breach. c. Response to Notice of Disagreement Within fifteen (15) days of service of a Notice of Disagreement, the recipient shall provide a written response, either denying or admitting the allegations set forth in Pa�b 3 of 6 the Notice of Disagreement and, if the truth of the allegations is admitted, setting forth in detail the steps it has taken and /or will take to cure the breach. ii. Failure to serve a timely response shall entitle the complaining party to proceed immediately to arbitration, or other alternative dispute resolution mechanism mutually agreeable to the parties. d. Enforcement Any award in arbitration or mediation held pursuant to Section 18(c) may be enforced by bringing an action in the Superior Court for King County, Washington. 19. Severability. Each provision of this Agreement is intended to be severable, and if any provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this Agreement. 20. Amendment, Assignment & Waiver. a. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid unless it is made in writing, signed by the parties to be bound, and specifies, with particularity, the nature and extent of such amendment, modification, or waiver. b. No party to this Agreement shall assign any right or obligation in this Agreement, in whole or in part, without the prior written consent of the other parties, and any such assignment shall not be deemed to release the assignor from any liability or obligation under this Agreement, or to cause any such liability or obligation to be reduced to a secondary liability or obligation. 21. Integration & Binding Effect. a. This Agreement, together with any subsequent amendments or addendums, constitutes the entire agreement of the parties and no other understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the parties. b. This Agreement shall be binding upon, and the benefits and obligations provided for herein shall inure to and bind, the parties and their respective successors and assigns, provided that this Section shall not be deemed to permit any transfer or assignment otherwise prohibited by this Agreement. C. This Agreement is for the exclusive benefit contractual relationship with, or exist for th e contractors, subcontractors, or their sureties. Pali 4 of 6 of the parties and it does not create a benefit of, any third party, including 22. Choice of Law. a. This Agreement and the rights of the parties hereunder shall be governed by the interpreted in accordance with the laws of the State of Washington and venue for any action hereunder shall be in of the county in King County, Washington. b. Subject to the limitations set forth in RCW 4.84.330, each party agrees to bear its own costs and attorneys' fees generated by any dispute arising out of this Agreement. 23. Notices, Reports & Correspondence. All notices or communications permitted or required to be given under this Agreement shall be in writing and shall be deemed to have been duly given if delivered in person or deposited in the United States mail, postage prepaid, for mailing by certified mail, return receipt requested, and addressed, if to a party of this Agreement, to the address for the party set forth above. 24. Signature Authority. This Agreement may be executed in counterparts, each of which shall be one and the same Agreement and shall become effective when one or more counterparts have been signed by each of the parties and delivered to the other party. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed effective the day and year first set forth above. CITY OF AUBURN Nancy Backus, Mayor Attest: Danielle Daskam, City Clerk Approved as to form: Daniel B. Heid, City Attorney Pang 5 of 6 CITY OF KENT Suzette Cooke, Mayor Attest: Kim Komoto, City Clerk Approved as to form: Tom Brubaker, City Attorney CITY OF FEDERAL WAY Jim Ferrell, Mayor Attest: Stephanie Courtney, City Clerk Approved as to form: J. Ryan Call, City Attorney 13 This Page Left Blank Intentionally 14 COUNCIL MEETING DATE: July 18, 2017 ITEM #: . ... . ..... ........ . . ........ . . . . ... . . .................................................... .......... . -- . .................. CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: INTERLOCAL COOPERATIVE AGREEMENT BETWEEN THE WASHINGTON STATE PATROL, PIERCE COUNTY SHERIFF'S OFFICE, KING COUNTY PROSECUTOR'S OFFICE, AND THE MUNICIPALITIES OF AUBURN, BONNEY LAKE, FEDERAL WAY, LAKEWOOD, TACOMA, AND TUKWILA FOR THE CREATION OF THE PUGET SOUND AUTO THEFT TASK FORCE (PSATT). POLICY QUESTION: Should the City of Federal Way / Federal Way Police Department enter into an Interlocal Agreement with the above agencies for the creation of the Puget Sound Auto Theft Task Force? COMMITTEE: PARKS, RECREATION, HUMAN SERVICES & PUBLIC MEETING DATE: July 11, 2017 SAFETY COUNCIL COMMITTEE (PRHS&PSC) CATEGORY: N Consent F-1 Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: CHIEF ANDY HWANG DEPT: Police Attachments: 1. PRHS&PSC Memo 2. PSATT Interlocal Agreement Options Considered: 1. Accept the PSATT Interlocal Agreement 2. Reject the PSATT Interlocal. Agreement MAYOR'S RECOMMENDATION: Accept the P *TT Interlocal. Agreement MAYOR APPROVAL: RECTOR APPROVAL otnutittee colincil Initial/Date Initial/Date Initial/Dateu)/-? COMMITTEE RECOMMENDATION: "I move to forward the PSATT Interlocal Agreement to the July 18, 2017, Consent Agenda for approval" Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the PSATT Interlocal Agreement and authorize the Mayor to sign said Agreement. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED- 11/2016 RESOLUTION # 15 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: July 11, 2017 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy Hwang, Chief of Police SUBJECT: Interlocal Cooperative Agreement between the Washington State Patrol, Pierce County Sheriff s Office, King County Prosecutor's Office, and the Municipalities of Auburn, Bonney Lake, Federal Way, Lakewood, Tacoma, and Tukwila for the creation of the Puget Sound Auto Theft Task Force. The Puget Sound Auto Theft Task Force ( PSATT) is the creation of a multi jurisdictional team to investigate and enforce laws relating to auto theft. Federal Way has been a member of the P.A.T.R.O.L. Auto Theft Task Force related to Washington Auto Theft Prevention Authority ( WATPA) Grant Awards since 2008 and the PSATT would replace this agreement. The PSATT would operate through the WATPA Grants. This Task Force will provide more efficient use of personnel, equipment, budgeted funds, and training to investigate and aid in the prosecution of prolific or organized auto theft crimes. The City of Federal Way, through the Police Department, shall serve as the Lead Administrative Agency which will be responsible for establishing proper accounting procedures, reports and statistics. The Federal Way Police Department will also continue to assign at least one commissioned employee to the PSATT Task Force. 1 16 INTERLOCAL COOPERATIVE AGREEMENT BETWEEN THE WASHINGTON STATE PATROL, PIERCE COUNTY SHERIFF'S OFFICE, KING COUNTY PROSECUTOR'S OFFICE, AND THE MUNICIPALITIES OF AUBURN, BONNEY LAKE, FEDERAL WAY, LAKEWOOD, TACOMA, AND TUKWILA FOR THE CREATION OF THE PUGET SOUND AUTO THEFT TASK - FORCE. I. PARTIES The parties to this Agreement are the Washington State Patrol, Pierce County Sheriff's Office, King County Prosecutor's Office, Pierce County Prosecutor's Office, and the Municipalities of Auburn, Bonney Lake, Federal Way, Lakewood, Tacoma, and Tukwila, each of which is a state, county, or municipal corporation operating under the laws of the State of Washington. II. AUTHORITY This Agreement is entered into pursuant to Chapters 10.93 and 39.34 of the Revised Code of Washington. III. PURPOSE The parties to this Agreement wish to establish and maintain a multi - jurisdictional team to effectively investigate and enforce the laws relating to auto theft. This Agreement is intended to replace previously executed interlocal agreements that were established for the ACE and P.A.T.R.O.L. Auto Theft Task Forces related to the WATPA grant awards. This Agreement does not replace any previously executed interlocal agreements by the parties to provide backup law enforcement services. This team shall be referred to as the Puget Sound Auto Theft Task - Force. The parties do not intend to create through, this agreement, a separate legal entity subject to suit. Iv. FORMATION There is hereby created a multi jurisdictional team to be hereafter known as the Puget Sound Auto Theft Task - Force, by the parties (hereafter referred to as participating jurisdictions) to this Agreement. PUGET SOUND AUTO THEFT TASK - FORCE INTERLOCAL AGREEMENT V. STATEMENT OF PROBLEM The Washington State Legislature has recognized that automobiles are an essential part of our everyday lives. The family car is typically the second largest investment a person owns, the theft of which causes a significant loss and inconvenience to people, imposes financial hardship, and negatively impacts their work, school, and personal activities. Appropriate, meaningful, and proportionate penalties should be imposed on those who steal motor vehicles. King County, Pierce County, and the municipalities therein have experienced an increase in urbanization and population densities resulting in an increase in crime associated with auto theft. This has stretched the resources of individual police department investigative units. Historically, law enforcement efforts focused on auto theft have been predominately conducted by agencies working independently. A multi jurisdictional effort to handle auto theft investigations has many benefits, including: the more effective use of personnel, improved utilization of funds, reduced duplication of equipment, improved training, development of specialized expertise, and improved information sharing. This results in improved services for all participating jurisdictions and increased safety for the communities they serve through improved auto theft prosecution. VI. TASK FORCE OBJECTIVES The assigned personnel from each participating jurisdiction will form the Puget Sound Auto Theft Task - Force, which will serve the combined service areas of all the participating jurisdictions. The Task Force may also provide assistance to other law enforcement agencies that are not participating jurisdictions pursuant to chapter 10.93 RCW. The Task Force's objective is to provide enhanced and more efficient use of personnel, equipment, budgeted funds, and training to investigate and aid in the prosecution of prolific or organized auto theft crimes. The Task Force may respond as able, and as approved by the Task Force Supervisors or Commander, to requests for assistance by any participating jurisdiction or by other law enforcement agencies pursuant to chapter 10.93 RCW. VII. DURATION AND TERMINATION The term of this Agreement shall be one (1) year, effective upon its adoption and consistent with the Washington Auto Theft Prevention Authority ( WATPA) grant period. This Agreement shall automatically extend for consecutive one (1) year terms conditioned upon the receipt of funding through the WATPA grant process. 2 1 P 8 g - PUGET SOUND AUTO THEFT TASK-FORVA INTER LOCAL AGREE ME NT A participating jurisdiction may withdraw from this agreement by providing thirty (3 0) days written notice of its withdrawal to the other participating jurisdictions. A participating jurisdiction's withdrawal prior to the WATPA grant's expiration will be ineligible for related grant funds beyond reimbursement for approved grant expenditures that accrued prior to the participating jurisdiction's withdrawal. A majority vote of the Board may terminate the Task Force. Any vote for termination shall occur only when the Department Head, or his or her designee, of each participating jurisdiction was given reasonable advance notice of the meeting in which such vote is taken and reasonable advance notice that a vote to terminate the Task Force would be coming before the Board at the meeting. The participating jurisdictions may completely terminate this agreement by mutual agreement in writing. Termination of this Agreement or the withdrawal of a party shall not extinguish those obligations described in paragraph XVIII of this Agreement with respect to the withdrawing party as to any incident occurring before the withdrawal of the party. Those obligations described in paragraph XVIII Shall survive the termination of this Agreement with respect to any cause of action, claim or liability arising on or prior to the date of termination. VIII. GOVERNANCE The City of Federal Way, through its Police Department, shall serve as the Lead Administrative Agency for purposes of this Agreement. The other participating agencies are sub - recipients. The Lead Administrative Agency shall be responsible for establishing proper accounting procedures, an audit - trail, and the collection and provision of required reports and statistics. Sub - recipients shall submit to the Lead Administrative Agency all bills for reimbursement to ensure that those bills comply with grant policies and regulations prior to the Lead Agency submitting all reimbursements together to WATPA for payment. The Task Force shall be governed by an Executive Board ( "Board ") composed of one member from each participating jurisdiction that has at least one full -time employee assigned to the Task Force (Board Member). Each Department Head shall have an equal vote and voice on all Board decisions. All Board decisions shall be made by a majority vote of the Board members, or their designees, appearing at the meeting where the decision is made. A quorum of the Executive Board must be present for any vote to be valid. A presiding officer shall be elected by the Board together with such other officers as a majority of the Board may deem appropriate. The Board shall meet quarterly, unless otherwise determined by the Board. Any Board member 3 1 7' a g L PUGET SOUND AUTO THEFT TASK -F00E INTERLOCAL AGREEMENT may call extra meetings as appropriate. The presiding officer shall provide no less than forty -eight (48) hours' notice of all meetings to all members of the Board; PROVIDED, however, that in emergency situations, the presiding officer may conduct a telephonic meeting or a poll of individual Board members to resolve any issues related to such emergency. The Board may, at its discretion, adopt policies, regulations, and operational procedures that shall apply to Task Force operations. If adopted, the Task Force written policies, regulations, and operational procedures shall apply to all operations. Officers assigned to the Task Force remain employees of their employing agency and are subject to the policies of their employing agency. To the extent that the written policies, regulations, and operational procedures of the Task Force conflict with the written policies, regulations, and operational procedures of the individual jurisdictions, the Task Force members will adhere to the written policies, regulations, and procedures of their employing agency. IX. COMMAN D AN D CONTROL In the event of a mobilizing incident, the primarily responsible agency will be the agency in whose jurisdiction the incident has occurred. The primarily responsible agency shall appoint a command level officer to serve as Incident Commander to be the officer in charge of the local event. The Incident Commander retains full authority and control throughout the incident and shall make any decision as to the resolution of the incident. X. TASK FORCE STAFF Upon adoption of this Agreement, the staff listed below shall be assigned and serve at the pleasure of the Board. The Board shall have authority to determine which participating jurisdictions will contribute staff and shall have authority to approve of staff assigned by a party. The Board may change, eliminate, or add staff positions as deemed appropriate. The Board shall, to the best of its ability, determine which participating jurisdictions may provide staff for the various positions during the previous year's budget cycle. A staff member of the Task Force may be removed from his or her position for any reason by majority vote of the Board or by the chief /sheriff of his or her employing jurisdiction. All Task Force staff members shall be in good standing with their employing jurisdiction at all times during their service on the Task Force. Commander: A Task Force Commander, with the rank of Commander or Captain (or command level equivalent) from his/her employing jurisdiction shall be appointed by the Board. 4 1 P a g e PUGET SOUND AUTO THEFT TASK -FOFKE INTERLOCAL AGREEMENT The Commander shall act as the principal liaison between the Board and Task Force staff. The Commander shall operate under the direction of the presiding officer of the Board. The Commander shall be responsible for informing the Board on all matters relating to the function, expenditures, accomplishments, and challenges of the Task Force. The Commander shall prepare monthly written reports to the Board on the actions, progress, and finances of the Task Force. The Commander shall be responsible for presenting any policies, regulations, and operational procedures and revisions for Board review and approval. Task Force Supervisor: The Task Force shall have two (2) Supervisors with the rank of Sergeant or equivalent from their respective employing jurisdiction; one (1) supervisor position will be funded by WATPA and appointed by the Board, and one (1) non - WATPA- funded supervisor positions will be provided by the Washington State Patrol. The Task Force Supervisors shall act as the first level supervisors for the Task Force and shall report directly to the Commander. Task Force Detective: The Task Force shall have seven (7) WATPA - funded detectives assigned from participating jurisdictions that are appointed by the Board and four (4) non - WATPA - funded detectives provided by WSP. Crime Analyst. The Task Force shall have one (1) WATPA - funded crime analyst provided by one of the participating jurisdictions. Prosecutor: The Task Force shall have one (1) prosecuting attorney provided by the King County Prosecutor's Office to provide direct access to legal support for improved communication and prosecution of auto theft cases investigated by the Task Force. Pursuant to RCW 10.93.040, personnel assigned to the Task Force shall be considered employees of the employing jurisdiction, which shall be solely and exclusively responsible for that employee. All rights, duties and obligations of the employer shall remain with the employing jurisdiction. Each participating jurisdiction will comply with all applicable employment laws and any applicable collective bargaining agreements or civil service rules and regulations. XI. EQUIPMENT, TRAINING, AND BUDGET Equipment, training, and eligible expenses will be paid by the Task Force as provided in the 5 1 P a g e PUGET SOUND AUTO THEFT TASK - FORCE INTERLOCAL AGREEMENT WATPA grant through the Lead Administrative Agency's finance department. A participating jurisdiction which incurs expenses not provided in the WATPA grant is responsible for those expenses. As provided in the WATPA grant, each participating jurisdiction shall provide a monthly expenditure invoice to the Lead Administrative Agency's finance department documenting those expenses that are eligible for reimbursement through the WATPA grant. Each participating jurisdiction will provide a vehicle for each full -time Employee assigned by that participating jurisdiction to the Puget Sound Auto Theft Task - Force. The participating jurisdiction is responsible for maintenance of vehicles provided to its employees assigned to the Task Force. XII. OVERTIME Overtime funds shall not exceed the amount budgeted in the WATPA grant award. A Task Force supervisor must pre- approve overtime expenditures. Overtime is eligible for reimbursement only if. (1) a Task Force supervisor authorized the overtime; (2) the overtime activity is specifically related to auto theft prevention efforts; and, (3) WATPA funds are available. When the budgeted overtime funds are depleted, no overtime expenditures will be authorized by the Puget Sound Auto Theft Task -Force or WATPA. For this reason, available funds for reimbursement will be distributed according to the applicable provisions of the Task Force Policy Manual until those funds are depleted. The Task Force Policy Manual is a document that will describe the operational procedures for the task force. If the WATPA overtime funds are depleted, overtime incurred by a Task Force staff member shall be the responsibility of the employing jurisdiction. XIII. REIMBURSEMENT OF FUNDS Participating jurisdictions requesting reimbursement for approved expenditures must submit appropriate invoices and itemized receipts monthly, and no more frequently than once each month, for actual expenses. Each reimbursement request must contain a completed reimbursement request expenditure form. Reimbursements will be made for actual expenses based upon the available budgeted amounts provided in the WATPA grant award. The participating jurisdiction is responsible for timely submittal of billing documentation and data reporting to the Lead Administrative Agency. Expenditures made prior to the award date or after the grant expiration date are not authorized and will not be reimbursed. WATPA will reimburse participating jurisdictions upon submittal of billing documentation, as outlined in the WATPA grant award. Requests for reimbursement for per diem (meal and travel 6 1 P a g G PUGET SOUND AUTO THEFT TASK -FOF?R INTERLOCAL AGREEMENT expenditures) must be accompanied by an itemized receipt detailing the item purchased. Copies of timesheets are required for overtime reimbursement. Reimbursement will be made only up to the amount of the limit of the award as indicated in the WATPA grant award. Any cost above and beyond the award limit will be the responsibility of the employing jurisdiction. XIV. RECORDS Each party shall maintain records related to the Puget Sound Auto Theft Task -Force in conformance with the Washington State Secretary of State's records retention schedule. All records kept by a participating jurisdiction shall be available for full inspection and copying by any other participating jurisdiction. Records related to the Puget Sound Auto Theft Task -Force include but are not limited to bi- annual WATPA reporting, invoices, and requests for reimbursement along with supporting documentation. Any party that receives a Public Records Act request for records related to the Puget Sound Auto Theft Task -Force shall notify within two business -days every other participating jurisdiction to this Agreement of the request. All participating jurisdictions will search their records to locate and produce responsive documents. Criminal investigation reports generated by the Puget Sound Auto Theft Task -Force will be maintained in the records systems of the employing jurisdiction of the primary Task Force staff member who created the report. The primary investigator of an incident or case may include in his or her report supplemental reports that are also filed with another agency by Task Force members. XV.. POLITICAL ACTIVITIES PROHIBITED No government funds, including WATPA award funds, may be used for or against ballot measures or the candidacy of any person for public office. XVI. DISTRIBUTION OF ASSETS UPON TERMINATION Upon termination of this Agreement, any assets acquired by the Puget Sound Auto Theft Task - Force with grant funds shall be distributed by the Board upon a majority vote of all Board members or their designees. XVII. PRESS RELEASES All press releases related to Puget Sound Auto Theft Task -Force activity must be authorized by the Task Force Commander, who will coordinate the press release with the police agencies in 7 1 P a g e PUGET SOUND AUTO THEFT TASK -FOFf k INTERLOCAL AGREEMENT whose jurisdictions the incident has taken place. In the event that a press release is associated with a public service announcement or public outreach efforts, the Task Force Commander will coordinate the press release with the Board. XVIII. LIABILITY AND INDEMNIFICATION The Task Force staff assigned by the employing jurisdiction shall continue under the employment of that jurisdiction for purposes of any losses, claims, damages, or liabilities arising out of or related to the services provided to the Task Force or the activities of the Task Force. Each participating jurisdiction agrees to hold harmless, defend, and indemnify the other participating jurisdictions in the Task Force in any action arising from the negligence of the employees of that jurisdiction including all costs of defense including attorney's fees. A. Collective Representation and Defense. The jurisdictions may retain joint legal counsel to collectively represent and defend the jurisdictions in any legal action. In the event a jurisdiction does not agree to joint representation, that jurisdiction shall be solely responsible for all attorney fees accrued for its individual representation or defense. The jurisdictions and their respective defense counsel shall make a good faith attempt to cooperate with other participating jurisdictions. Cooperation includes, but is not limited to, providing all documentation requested and making Task Force members available for depositions, discovery, settlement conferences, strategy meetings, and trial. B. Insurance. Each participating jurisdiction shall maintain adequate insurance through the commercial insurance market, an insurance pool, self - insurance, or a combination thereof. The failure of any insurance carrier or self - insured pooling organization to agree to or follow the terms of this Agreement shall not relieve any participating jurisdiction from its obligations under this Agreement. XIX. NOTICE OF CLAIMS, LAWSUITS, AND SETTLEMENTS In the event a claim is filed or lawsuit is brought against a participating jurisdiction or its employees for actions arising out of its conduct in support of Task Force operations, that jurisdiction shall promptly notify the other participating jurisdictions of the claim or lawsuit. Any documentation, including the claim or legal complaints, shall be provided to each participating jurisdiction within ten (10) days. 8 1 P e g e PUGET SOUND AUTO THEFT TASK -F00F INTERLOCAL AGREEMENT XX. PRE -CLAIM FILING REQUIREMENTS Section XIX of this Agreement requires that the jurisdiction receiving a claim or lawsuit notify the other jurisdictions of the claim or lawsuit and provide documentation of that claim or lawsuit to the other jurisdictions. Nothing in this Agreement shall be deemed a waiver by any participating jurisdiction of the requirements set forth in Chapter 4.96 RCW, and the fact that a participating jurisdiction provides notice or copies of a claim to another jurisdiction shall not be deemed compliance with the requirement that a party who files suit against a jurisdiction first file a claim with the jurisdiction in accordance with Chapter 4.96 RCW. Moreover, nothing in this Agreement shall be deemed acceptance of service of a lawsuit, and the fact that a participating jurisdiction provides notice or copies of a lawsuit to another jurisdiction shall not be deemed adequate service of such lawsuit in accordance with the state or federal Rules of Civil Procedure or the Revised Code of Washington. XXI. WRITTEN CONSENT TO ENFORCE TRAFFIC AND CRIMINAL LAWS Pursuant to Chapter 10.93 RCW, this Agreement shall constitute the prior written consent of each sheriff or police chief of each participating jurisdiction to permit the officers of any participating jurisdiction to enforce traffic or criminal laws in any of the participating jurisdictions in pursuit of the purpose of this Agreement. XXII. ALTERATIONS This Agreement may be modified, amended, or altered by agreement of all parties and such alteration,. amendment, or modification shall be effective when reduced to writing and executed in a manner consistent with this section. XXIII. FILING Upon execution, this Agreement shall be filed with the city clerks of the respective participating municipalities and such other governmental agencies as may be required by law, and each jurisdiction shall, pursuant to RCW 39.34.040, list this Agreement by subject on its official website. XXIV. SEVERABILITY If any part, paragraph, section, or provision of this Agreement is held to be invalid by any court of competent jurisdiction, such adjudication shall not affect the validity of any remaining section, 9 1 P a g e PUGET SOUND AUTO THEFT TASK -FORTE INTERLOCAL AGREEMENT part, or provision of this Agreement. XXV. AUTHORIZATIONS This Agreement shall be executed on behalf of each participating jurisdiction by its duly authorized representative and pursuant to an appropriate resolution or ordinance of the governing body of each participating jurisdiction. This Agreement shall be deemed effective upon the last date of execution by the last so authorized representative, and upon a successful grant award by WATPA for the July 2017 through June 2019 WATPA grant cycle. This Agreement may be executed by counterparts and be valid as if each authorized representative had signed the original document. By signing below, the signor certifies that he or she has the authority to sign this agreement on behalf of the participating jurisdiction, and the participating jurisdiction agrees to the terms of the Agreement. Nancy Backus Mayor, City of Auburn City Clerk, City of Auburn Neil Johnson Mayor, City of Bonney Lake Woody Edvalson City Clerk, City of Bonney Lake Date Date Date Date City Attorney, City of Auburn City Attorney, City of Bonney Lake 10 ( P age PUGET SOUND AUTO THEFT TASK -FORCE INTER16CAL AGREEMENT Date Date Jim Ferrell Mayor, City of Federal Way Stephanie Courtney City Clerk, City of Federal Way Mike Zaro Chief of Police, City of Lakewood Alice Bush City Clerk, City of Lakewood Date City Attorney, City of Federal Way Date Date Date Heidi Wachter Date City Attorney, City of Lakewood Date Elizabeth Pauli Date City Manager, City of Tacoma Doris Sorum Date City Clerk, City of Tacoma Allan Ekberg Mayor, City of Tukwila City Attorney, City of Tacoma Date Rachel Turpin City Attorney, City of Tukwila Christy O'Flaherty Date City Clerk, City of Tukwila '1 t age PUGET SOUND AUTO THEFT TASK -FORCE IRTERLOCAL AGREEMENT Date Date Paul Pastor Date Date Sheriff, Pierce County John R. Batiste Chief, Washington State Patrol Date Daniel T. Satterberg Date Prosecutor, King County Prosecutor's Office Clerk, Pierce County °_'! P •I e PUGET SOUND AUTO THEFT TASK -FORCE MERLOCAL AGREEMENT COUNCIL MEETING DATE: July 18, 2017 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: MACDONALD- MILLER FACILITY SOLUTIONS RETAINAGE RELEASE POLICY QUESTION: Should the City accept the installation of the copper wire theft protection system as complete and authorize staff to release their Retainage? COMMITTEE: PRHSPS Committee MEETING DATE: July 11, 2017 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF _............_......_._._R.. E.... P-O- R- T -- BY: Stephen Ikerd, Deputy Director DEPT: Parks ........... ..........---............... ...._....._..._._- .........._.. ---.-.........._....-._ .__........_..__....--- -- - - - - -- - -- — History: The City worked with MacDonald - Miller Facility Solutions to install the copper wire theft protection system at Saghalie, Sacajawea and Lakota Park in the amount of $41,610.00. Prior to the release of retainage on Public Works projects, the City Council must accept the work as complete to meet State Department of Revenue, Department of Employment Security and Department of Labor and Industries requirements. Expenditure Summary: $41,610.00 - installed system; 5% Retainage held from this project amount. = $2,080.50 Options Considered: 1. Accept the installation of the copper wire theft prevention system as complete and release $2,080.50 Retainage to MacDonald - Miller Facility Solutions. 2. Do not accept the work as complete, and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1 � 6�� Gl r MAYOR APPROVAL: ., DIRECTOR APPROVAL: i mmitte © o cil /_N1 ? Committee COMMITTEE RECOMMENDATION: I move to forward the acceptance of the MacDonald - Miller Facility Solutions installation of the copper wire theft prevention system as complete and forward the authorization for staff to release retainage in the amount of $2,080.50 to the July 18, 2017 City Council consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move to accept the installation of the copper wire theft prevention system as complete and authorize staff to release Retainage in the amount of $2,080.50 to MacDonald - Miller Facility Solutions. " (BELOW TO BE COMPLETED B Y CITY CLERKS OFFICE) COUNCIL ACTION: • APPROVED COUNCIL BILL # • DENIED 1ST reading ❑ TABLED /DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # 29 This Page Left Blank Intentionally 30 COUNCIL MEETING DATE: July 18, 2017 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: FOURTH AMENDMENT TO THE MACDONALD MILLER ENERGY PERFORMANCE AGREEMENT POLICY QUESTION: Should the Council authorize a fourth amendment to the MacDonald - Miller Energy Performance Agreement for additional repairs, maintenance and monitoring of the HVAC system at City Hall and the Community Center? COMMITTEE: PRHSPS MEETING DATE: July 11, 2017 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF __.._..._.R_._. _E...... P- O-R- T BY: ._ ....- S t- e - h _ e n _ Ik- -e- r d _ — Parks Deputy Director DEPT: PRCS ..--- .......... . - — _........... — .._ .... _........ ...- Attachments: Fourth Amendment Memo to the MacDonald — Miller Energy Performance Agreement. Options Considered: 1. Approve a fourth amendment to the MacDonald- Miller Energy Performance Agreement for continued repairs, maintenance and monitoring of the HVAC system at City Hall and the Community Center in the amount of $ 259,975.98 including a 10% contingency over a 2 year term, and authorize the Mayor to execute said agreement. 2. Do not authorize a fourth amendment and MAYOR'S RECOMMENDATION: Option 1 direction to staff. MAYOR APPROVAL: Cl.*f t7�'7 II2ECTOR APPROVAL: mute ci n Initial COMMITTEE RECOMMENDATION: I move to forward the authorization of a fourth amendment to the MacDonald - Miller Energy Performance Agreement in the amount of $259,975.98 for a total compensation of $895,9 75.98 to the July 18, 2017 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of authorizing a fourth amendment to the MacDonald - Miller Energy Performance Agreement by extending their term through December 31, 2018 with an increase of $259,9 75.98 for a total compensation of $895,9 75.98 and authorize the Mayor to sign said agreement" (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IsT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # 31 CITY OF " .._.. Federal Way Parks and Facilities Division Date: June 29, 2017 To: PRHSPS Council Committee From: Stephen Ikerd, Parks Deputy Director Via: Mayor Jim Ferrell John Hutton Parks Director Subject: Fourth Amendment to the MacDonald - Miller Energy Efficiency Agreement Background: The City entered into an Energy Efficiency Agreement with MacDonald - Miller Facilities Solutions July, 2011 to repair and upgrade portions of the HVAC system in City Hall. This 5 year project improved controls and repaired malfunctioning equipment which led to more energy savings. The energy program has been very successful and MacDonald - Miller has also performed improvements at the Community Center. To keep this program consistent with a known contractor that understands our facilities well and all the associated equipment quirks, we recommend extending MacDonald - Millers existing program for 2 more years for both facilities after which we would go out to bid for regular routine maintenance services. This extra time insures that the equipment receives the same level of maintenance and we can better access how to develop bid documents to prepare for the eventual time when we go out to bid. Recommendation: Amend the MacDonald - Miller Energy Efficiency Agreement to include repairs, routine monitoring and adjusting of this distribution system for both City Hall and the Community Center in the amount of $259,975.98 including 10% contingency for a 2 year period ending Dec 31, 2018 for a total compensation of $895,975.98. Funding for this amendment would come from both facilities normal operations accounts. 32 CITY OF MUNICIPAL COURT . 33325 8th Avenue South • PO Box 9717 Federal Way Federal Way, WA 98063 -9717 (253) 835 -3000 www cityoffederal way. com MEMORANDUM To: Parks, Recreation, Human Services, Public Safety Committee From: Judge David Larson RE: Restorative Justice Date: July 11, 2017 INTRODUCTION "Restorative Justice" means different things to different people. The technical use by courts in the criminal justice context describes a departure from the traditional punitive format of adjudication. In its purest form, restorative justice consists of education and rehabilitation, including direct contact with the actual victim of the crime. Therapeutic courts (drug court, veteran's court, community court) could be considered restorative justice courts, but they work on addressing the underlying cause of crime by focusing on the needs of the defendant rather than the needs of the victim. The idea is to reduce the numbers of victims by reducing the impetus for criminal conduct. The thought is that a traditional puritive system treats symptoms while the therapeutic model treats the underlying disease. THE ROLE OF COURTS Many programs that are preventative in nature rely on voluntary action on the part of the people intended to be benefitted by the program. Not to diminish the importance of these programs, but courts have jurisdiction to compel change in individuals who self- identified as at risk by virtue of criminal behavior. Therefore, courts can play a significant role in reducing crime if rehabilitation is focused on reducing recidivism. Adding police officers treats symptoms, but augmenting rehabilitative court services can serve to treat the underlying causes of criminal conduct. EXISTING RESTORATIVE JUSTICE PROGRAMS IN FEDERAL WAY The following programs that could be considered as restorative justice currently exist in Federal Way. Domestic Violence Victims Panel: Meets once per month at our courthouse. Nearly every defendant convicted of a DV crime or that is part of a pre -trial diversion program is ordered to attend a DV Victims Panel. The panel consists of prior victims of domestic violence. 2. DUI Victims Panel: Meets once per month at our courthouse. Every defendant convicted of Driving Under Influence or Physical Control Under the Influence or is part of a pre -trial diversion program is ordered to attend a DUI Victims Panel. The panel consists of prior victims and families of victims of DUI /PC. Juvenile Diversion: Meets every Tuesday at our courthouse. It is a program through the King County Prosecutor's Office that allows for pre- charge diversion for first and second time juvenile offenders. They use an "Accountability Board" as a means of providing for restorative justice. Various requirements are levied on the youth offender and the charge is not brought against them if they meet the conditions. 4. Consumer Awareness Class: Meets once per month at the courthouse. Most defendants convicted of theft or as part of a diversion program are required to attend Consumer Awareness Class. The program is designed to give the defendant a better sense of the impacts of theft. Community Service: Community service comes in two forms; compensatory and punitive. Compensatory community service is available to help defendants pay off fines in criminal and traffic cases. Punitive community service serves as a punishment in criminal cases. Failure to perform compensatory community service results in the amount owed in money being sent to collections. Failure to perform punitive community service can result in sanctions, including jail. Currently, there is no structure for either type of community service. Defendants are allowed to perform community service at any non - profit located anywhere. 6. Work Crew: The court has a contract with the Washington State Department of Corrections that allows the judges to sentence defendants to work crew. The work consists of cleaning up various dumpsites. However, all of the work is performed in the City of Seattle, not in Federal Way. 7. Restitution: Defendants can be sentenced to pay a sum of money to the victim as a condition of sentence. 8. New Connections: New Connections helps defendant get their driver's license out of suspended status, coordinates with the SCORE Jail on discharge planning, and helps with other behavioral issues. 9. Mediation /Conflict Resolution: The court has had a Memorandum of Understanding with the Dispute Resolution Center of King County since 2009. The City Council passed Resolution 10 -575 supporting the use of mediation and DRCKC on February 16, 2010 (see attached). Nothing has been developed by the city as a result of the resolution. The court hosts mediations with local citizens involved in various disputes. DRCKC can also provide various training sessions focusing on conflict resolution. They also have a hotline and online tools (See "Conflict Resolution Tips" attached). DRCKC had a successful venture in Seattle that reduced police calls to a troubled low income housing development in Seattle. SUGGESTIONS FOR THE FUTURE 1. Community partnerships to develop Structured Community Service a. Parks b. Public Works C. Federal Way Public Schools d. South King Fire e. Lakehaven f. Community based non - profits Fund a pilot project with the DRCKC at one or more problematic multi - family housing developments intended to reduce calls for service by police. 3. Develop a "Community of Peace" in cooperation with DRCKC and the Court a. Breathe life into Resolution 10 -375; b. Enhance promotion of mediation and conflict resolution in the community; C. Provide conflict resolution training for city employees that deal with the public; d. Cooperate with and promote conflict resolution training for members of the community hosted by the court through DRCKC (lead by example by having the council go through conflict resolution training); e. Develop a group of volunteer "Conflict Resolution Officers" that can be available in the community to respond to non - criminal disputes; i. Police officers or code compliance can either call upon a CRO or refer people to CROs. 4. Work with the King County Prosecutor to enhance Juvenile Diversion a. Consider expansion of its concept into certain adult crimes, including a mentorship program. i. The vast majority of criminal defendants are between ages 18 -25. 5. Work with Federal Way Public Schools in the development of Youth Courts and ways to keep expelled students in a learning environment that also gives them strategies for overcoming destructive behavior. 6. Cooperate in the development of Community Court. a. The opiate crisis and untreated mental illness have imposed consequences on defendants and on the community. Community Court attempts to remove the motivations for criminal behavior. CONCLUSION There is no panacea and we will always have some level of violence and crime in our community. Taking the steps above will greatly reduce violence and other criminal behavior. Thank you. Resolution 10 -375 RESOLUTION NO. 10 -575 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON ENDORSING THE USE OF ALTERNATIVE DISPUTE RESOLUTION SERVICES THROUGH THE DISPUTE RESOLUTION CENTER OF KING COUNTY WHEREAS, the health and vitality of any community is enhanced when the inhabitants of that community can resolve their disputes quickly and inexpensively; and WHEREAS, the resolution of disputes can be costly and complex in a judicial setting when the parties involved are in an adversary posture and subject to formalized procedures; and WHEREAS, unresolved or continued disputes are costly to communities through increased police response, increased crime, disruption of commerce, and general neighborhood and community discord; and WHEREAS, alternative dispute resolution processes can meet the needs of Federal Way citizens by providing a forum in which persons and entities may voluntarily participate in the resolution of disputes in an informal and less adversarial process; and WHEREAS, the use of alternative dispute resolution processes in the context of Federal Way's neighborhoods, businesses, schools, and overall community can enhance relationships throughout Federal Way, and WHEREAS, city and community resources which are now devoted to the resolution of disputes through criminal and civil judicial system may be conserved and/or better utilized by having alternative dispute resolution services better available in Federal Way; and Resolution No. 10 -575 Page 1 of 4 WHEREAS, building community awareness, community partnerships, a sense of community ownership, identifying needs, and coordinating services is a vital part of the success of any community based alternative dispute resolution program; and WHEREAS, the Dispute Resolution Center of King County is a non -profit formed pursuant to RCW 7.75 to provide mediation and other alternative dispute resolution services throughout King County; and WHEREAS, although the City of Federal Way could create its own dispute resolution center under RCW 7.75, it will save tens of thousands of dollars for the taxpayers of Federal Way to enter into an agreement with an existing entity already providing alternative dispute resolution services; and WHEREAS, the Federal Way Municipal Court entered into an agreement for alternative dispute resolution services in April 2009 at no taxpayer expense; and WHEREAS, City of Federal Way departments can benefit on occasion from resolving its disputes through the use of low cost mediation services; and WHEREAS, the people of Federal Way deserve stewardship of city resources; and WHEREAS, the citizens of Federal Way deserve ongoing stewardship of city resources directed in cost - effective ways to benefit the community, according to the National Association for Community and Family Mediation: "...Community mediation truly has its roots in tradition of democratic self - governance. Community mediation programs have the potential of empowering citizens to effectively operate in a democracy. Programs and mediators teach citizens to resolve their disputes through participation. . . The mediation process is progressive and creative with the potential of opening doors and opening dialog. This often results in greater understanding and finding common ground." Resolution No. 10 -575 Page 2 of 4 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. The City Council endorses the Federal Way Municipal Court's agreement with the Dispute Resolution Center of King County for alternative dispute resolution services for the citizens of the Greater Federal Way area, attached hereto as Exhibit A and incorporated by this reference. Section 2. The City Council further directs that the City Manager develop protocols for the use of the Dispute Resolution Center of King County by City of Federal Way departments to assist in the resolution of disputes when appropriate. Section 3. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 4. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener /clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. Resolution No. 10 -575 Page 3 of 4 RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this 16 day of February, 2010. CITY OF FEDERAL WAY . MA 7(jR, LINDA K ATTEST: (bACQJe a0C6c, 00C] CITY CLERK, CAROLM-CN07LY, CMC APPROVED AS TO FORM: CfTY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: 02/09/2010 PASSED BY THE CITY COUNCIL: 02/16/2010 RESOLUTION NO.: 10 -575 Resolution No. 10 -575 Page 4 of 4 EXHIBIT A Dispute Resolution CENTER of KING COUNTY Memorandum of Understanding Between the Dispute Resolution Center of King County and Federal Way Municipal Court April 2009 RESOLVE IT IF YOU CAN — CALL US IF YOU CAN'T_ 4649 Sunnyside Avenue N, Suite 520 — Seattle, WA 98103 — 206 -443 -9603 — www.kcdre.org Memorandum of Understanding Between the Dispute Resolution Center of King County and the Federal Way Municipal Court The Dispute Resolution Center of King County (DRC) is excited to partner with the Federal Way Municipal Court to bring alternative dispute resolution services to south King County. This partnership will allow the City of Federal Way to easily refer south King County citizens to the DRC of King County and assist citizens by providing a new south end mediation location. This Memorandum of Understanding is made between the Federal Way Municipal Court (called the "Court's and the Dispute Resolution Center of King County (called the "DRC). 1. Aaencv Overview The Dispute Resolution Center of King County provides alternative dispute resolution services, a mediation training program and a variety of workshops and customized trainings for the community. Founded as a non - profit organization in 1986 by the King County Bar Association, the DRC in King County is the largest of 20 dispute resolution centers in Washington State. The DRC partners with educational institutions, the law and justice community and government to provide a less adversarial alternative to litigation. The DRC provides services and training to federal, county and city departments; educational institutions, individuals, private business and a variety of charitable organizations including arts organizations, faith -based organizations and social service organizations. Services include telephone coaching and conciliation, court mediation in the King County District Court, facilitated conversations, two party mediation, group mediation and process facilitation. The DRC primarily uses a facilitative, interest -based mediation model that is remarkably successful and used throughout the nation at most of the 500 community -based dispute resolution centers. The DRC specializes in helping with disputes between neighbors, between small business and consumers and with families involved in dissolution (including parenting plans and asset division.). We also provide cross - cultural mediations and services for landlords and tenants, workplaces, schools, faith -based organizations and groups. 2. Mediator Qualifications The DRC has provided services to the community for over 20 years and developed a respected expertise in the mediation industry. We provide an excellent mediation training program that includes 40 -hours of rigorous classroom training, a mentored apprenticeship program, advanced mediator training, in- services and continuing education for our mediators. Mediation students must complete required and elective credits, along with observations, co- mediations and case assessment and development training before they are certified to mediate for the DRC. PA 3. About Mediation Mediation is a voluntary process in which the parties work together to resolve disagreements with the aid of a professional mediator who provides a structured and controlled mediation process. Mediation is not about who is right or wrong but about finding mutually agreeable solutions that address the needs of all sides. Mediators do not advocate for any side in a dispute or impose a settlement, nor do they evaluate a dispute to determine the legal merits of the case. When an agreement is reached, the agreement is signed by each party and becomes a legally binding contract. Mediation is a process that requires the participants be the individuals that are authorized to make decisions about the dispute. Legal council may be present at the mediation but may not speak for their clients. Legal council may consult with their clients a private caucus or break during the mediation. The DRC encourages citizens to seek outside counsel, when appropriate, in order to make an informed decision. According to the National Association for Community and Family Mediation: "Community mediation programs continue to grow and prosper. As diversity and differences increase in the U.S., the opportunities for conflicts and disputes will increase concomitantly. A recent survey stated that 82% of Americans would prefer to go to a mediator rather than go to court. Despite the active use of volunteer community mediators, more resources need to be devoted to this arena.... ...Community mediation truly has its roots in the tradition of democratic self - governance. Community mediation programs have the potential of empowering citizens to effectively operate in a democracy. Programs and mediators teach citizens to resolve their disputes through participation ... The mediation process is progressive and creative with the potential of opening doors and opening dialog. This often results in greater understanding and finding common ground." 4. Cases Appropriate for Mediation Almost any type of civil dispute in which parties are willing to negotiate in good faith; are willing to shift from their original position; are willing to put the relevant information on the table and are willing to keep their agreements may be appropriate for mediation. Subject to screening policies of the DRC, the types of disputes the DRC could accept as referrals. • Referrals from city police as part of community policing; • Referrals from code enforcement personnel; • Referrals from the court; • Referrals from other city departments, • Referrals from local schools; • Referrals from community members, bar associations, lawyers, chamber of commerce members, local businesses, and others to assist in resolving: • Disputes involving business merchandise, services, repairs, refunds, contracts and warranties; • Claims related to money, personal property, real estate and property lines; • Workplace disputes involving discipline, evaluation, contract interpretation, and interpersonal differences; o Landlord /tenant problems concerning deposits, repairs, damage, termination of tenancy, and disputes involving mobile home parks and commercial leases; o Family disputes involving interpersonal conflict, divorce, the dissolution of partnerships, parenting plans and probate; o Neighbor to neighbor disputes involving noise, pets, littering, and landscaping. 5. Cases Not Appropriate for Mediation The DRC does not handle the following kinds of disputes: • Disputes involving violence or serious threats of violence to persons or property • Disputes where there is a pattern of physical abuse between the parties • Disputes where a party is impaired by drugs or alcohol • Domestic violence disputes between victim and offender • Matters which involve the direct settlement or negotiation of active criminal matters 6. Marketing the DRC's Services to the South End Community To increase the access to mediation services in the Federal Way area the Court and the DRC will implement the following activities. • The Court will install appropriate links to the DRC's web site on the Court's official web site • The DRC will provide information about its services to the Court for distribution • The Court will distribute DRC information to a variety of locations in Federal Way such as: Neighborhood Service Centers, Libraries, and relevant city departments. • The DRC will conduct an informational presentation 2 times a year for city employees 5. Confidentiality The success of the mediation process is dependent on the party's ability to be honest and candid in the mediation process. The state legislature protects the confidentiality of the mediation process through RCW 7.75 and the Uniform Mediation Act of 2006 (RCW 7.07.090 -.904) which states that all work products, work notes, conversations, settlement offers, etc from the DRC are privileged and confidential and not admissible in any future legal or administrative proceedings. However, written agreements reached during the process are admissible in such proceedings. 6. Scope of Services The DRC will provide conflict resolution and mediation services to the citizens of Federal Way and south King County at the request of the Court. The DRC will provide the following services: • Information and referral services, telephone conciliation and general mediation services • Professionally trained and qualified mediators • Maintain all recordkeeping for cases mediated at the Federal Way location • Maintain all contracts and licenses as needed • The collection of all service fees • Abide by the Washington State Unifonn Mediation Act (RCW 7.07/010- 7.07.904) • Abide by the American Bar Association's Model Standards of Conduct for Mediators. The Federal Way Municipal Court will provide the following support: Access to a computer workstation, printer, and internet access for mediators. 4 Access to empty court rooms and /or conference rooms for mediations and caucuses during mediations_ • Access to kitchen facilities to provide beverages for the mediation • Secured space to install a 2- drawer locking file cabinet • Access to a photocopier and fax machine. An internal office mailbox. Court will deposit mail in the box, but DRC shall process its own incoming mail. • Security screening during courts hours (8:00 a.m. to noon and 1:00 p.m. tp 4:30 p-m.) 7. Uability, Indemnification. and Hold harmless DRC and the Court have no principal agent relationship and each is independent of the other. Neither entity controls the other. Each entity is responsible for the acts and omissions of its respective agents and employees. DRC agrees to defend, indemnify and hold the Court and the City of Federal Way harmless for any claims, demands, and actions arising out of the delivery of dispute resolution services provided by DRC. DRC agrees to add and maintain the City of Federal Way as an additional insured on its liability insurance policies. Dated this � day of fly 2009 DRC Contact Information Ci!y of Federal Way Contact Information Patti Dudley Executive Director 206 -443 -9603 X 110 Judge Michael Morgan Presiding Judge _ 253- 835 -3000 Michael morgan cr cityofiederaiway.c om 4j ae organ Presiding Judge Federal Way Municipal Court Judge David Larson Assistant Presiding Judge Judge David Ca sa> Assistant Presiding Judge Federal Way Municipal Court .com Conflict Resolution Tips Con}Iict Resolution TI.p..s........ 71 Step back and slow down • Most of us repeat unhelpful behaviors in conflicts because we are unaware of what we are doing • We can only change habits through awareness • Plan what you want to say to avoid saying something that will escalate a conflict 2 .................................................. ............................... Be clear about your intentions and goals for the conversation • If your most important goal is to win, blame or change the other party, the conflict will prob- ably escalate, no matter what skills you use • If your intention is to blame or change others, you don't learn how to prevent the problem from repeating itself • Only begin a conversation about a conflict in order to learn something new, express your views and feelings, or to problem - solve. 3 .. ............ Listen first to understand —ask questions to explore the other person's story • If others feel listened to they are more likely to try to understand you • Leverage for change comes from understanding, not from convincing them you are right • It is rare for people to feel truly listened to and still experience the conflict as negative • Be aware of your internal barriers to really listening, such as thinking you are right and strong feelings about the subject matter 4_ Express strong feelings without blame • Strong feelings make it impossible for us to really listen • Use 1-statements" to express what you're feeling • Be sure to state a feeling (as opposed to a judging statement) after saying "I feel" • Be sure to carefully describe the other party's behavior without adding evaluations to it • The key is to be completely honest without blaming the other .................................................. ............................... Be aware of how your own self image might make you more defensive * Avoid an all or nothing, black and white view of yourself —in this way you will become more open to feedback Take responsibility for your assumptions • Be willing to let go of your interpretation — believing that our beliefs and conclusions about others are "the truth" creates a lot of conflict • Share with others what you see as the raw data and how you interpret it (your thought process) • When others speak about their conclusions, ask how they came to those conclusions 7 ...................................................... ............................... Find common ground • Be sure to note areas of agreement as well as areas of disagreement • Identifying areas of agreement reduces defensiveness F'1 Explore what is most important the other person by listening and asking questions out of curiosity • People do not usually enter a conflict by stating what is most important to them • You can only problem solve if you know what the other person really wants • People usually enter a conflict with only one solution (theirs) to a problem . 9 .................................................. ............................... Let go of the myths about conflict • Conflict is not a contest —don't make it one • Conflict is riot always negative Remember the four principal approaches to conflict * Acknowledge the conflict * If you resist, they will push even harder * To acknowledge does not mean to agree * Be willing to change When initiating a conversation about a conflict • Ask the other party if they are willing to have a conversation • Tell them the topic and the importance of the conversation to you in maintaining a good relationship • Allow them to save face 1. 2 .......... ............................... Be open to learning new information Dispute Resolution CENTER of KING COUNTY ........................................................................................................................................................................................................................ ............................... RESOLVE IT IF YOU CAN —CALL US IF YOU CAN'T, (206) 443 -9603 Or, visit us at kcdre.org for more options. Martin Court Apartments Dispute Resolution CENTER of KING COUNTY Martin Court Transitional Housing Community Mediation Program Summary of the Anti - Harassment Mediation Program In the spring of 2014 the King County Dispute Resolution Center (DRC), in partnership with King County District Court, developed a pilot program to provide mediation services to parties associated with an anti - harassment petition. During the pilot phase, DRC staff spent over 135 hours in court observing hearings. The King County District Court Presiding Judge, Donna Tucker, would refer parties to the DRC for mediation services. DRC staff would conduct an in -depth interview with each party in preparation for the mediation session. Mediation sessions were confirmed for three hours and held at the district court house. During the 2014 pilot project the DRC served 31 petitions (84 people). 29 cases were resolved, resulting in a 94% resolution rate. In 2015, the program became fully funded and is now an available resource for the courts, judges, and residents of King County who are engaged in anti- harassment court. Introduction to Public Housing During the Anti - Harassment Mediation Program pilot project, DRC staff observed a disproportionate number of filings involving at least one party residing in low income housing. Protection orders are serious and may have significant consequences for one or both parties. These consequences may include negatively impacting an individual's housing options and /or subsidies. DRC staff completed numerous mediations with individuals residing in low income housing and found that many required special accommodations including travel and scheduling limitations, mental health complications, medical concerns etc. We began altering our program to meet the unique needs of this population. Public Housing Pilot Program In the spring of 2015 we received an anti - harassment mediation referral for two parties who resided at Martin Court in south Seattle. Martin Court is a transitional supportive housing project managed by the Low Income Housing Institute (LIHI), which includes on -site case management programs for homeless, disabled individuals, and homeless families. The anti - harassment mediation program coordinator was having a difficult time making contact with one of the parties and reached out to a Martin Court case manager named Jose Ruiz for assistance. After discussing services, Mr. Ruiz asked if DRC staff would be willing to provide conflict resolution services to his residents. His goals included helping residents find employment and qualify for a section 8 housing voucher. He also expressed concerns about the number of police calls that residents were making, especially during the weekend hours when case managers were not present. He shared the difficulty residents face when securing section 8 vouchers if they have a protection order on their record. In some cases, a protection order may make an individual ineligible for transitional housing. He Created: 08 24 2015 also explained that protection orders create a power imbalance within the housing community and can be strategically used by residents when they are in conflict. DRC staff began the pilot project by speaking at an all community meeting. This was.attended by 45 residents and DRC staff explained the mediation, conflict coaching, and problem solving. Over the course of the following 11 weeks DRC staff spent every Tuesday evening from 5pm -7pm at Martin Court. Sometimes residents would stop by to talk about their lives, but most of the time they were there for help with a conflict. When there was conflict amongst the residents, the case managers would refer them to dispute resolution. We conducted mediations, provided conflict coaching, and problem solving. During our time at Martin Court, there were no new anti - harassment protection order petitions filed by residents and it was reported that police calls were reduced. The case managers expressed gratitude and shared stories of the residents utilizing new conflict resolution skills. Overall, the greatest achievement of this pilot program was providing residents with a process where they could be heard, acknowledged and understood. Stots • 4 Mediation session conducted resulting in resolutions • 6 Conflict Coaching Sessions • 12 Problem Solving Sessions Since our Tuesdays at Martin Court, we have conducted presentations and meetings with various non - profits and government agencies involved in homelessness and low- income housing. The feedback we have consistently received is that King County has a significant need for these services. What We Learned The KCDRC has an opportunity to make a substantial impact in our community by providing conflict resolution services to this under - served population. We also learned there is already an infrastructure in place that complements our current intake model. This means we can keep our expenses low and will not need much lead time to begin offering services. There are many ways dispute resolution services can support residents in low income housing. This includes: • Mediation as an alternative to eviction • Disputes between residents • Disputes between staff and residents • Conflict coaching or mediation for conflicts residents may be experiencing at work or with family • Family mediations / disputes • Re- unification mediations Vision Moving forward we envision a program that provides free dispute resolution services to residents residing in public housing. We plan to build partnerships with various non - profits and provide support services that can be utilized by staff and residents. This program will reduce unnecessary court filings and police calls, and support the fight to end homelessness. Created: 08 24 2015 We plan to build a partnership with a nonprofit housing program. One partnership option, is to operate under a retainer agreement. Once the first partnership is solid, we can utilize that case study to market to additional nonprofits such as, Seattle Housing Authority, Catholic Community Services, Plymouth Housing, Renton Housing Authority, etc. Sample Retainer Deliverables: The DRC would attend monthly resident meetings at each location. This would allow for us to discuss our services, answer questions, build rapport with residence, and respond to the unique needs of each location / case manager. DRC representatives would attend case manager meetings on a yet to be determined but frequent basis. Case managers can offer residents conflict resolution services through our agency. We anticipate a low response from residents calling on their own accord at the beginning. Case managers will refer residents to our agency for conflict resolution. At Martin Court, residents would receive a notice of non - compliance if they were referred to dispute resolution and did not attend. We need to discuss with LIHI whether other case managers would follow that model. It is likely, the case manager will email us the residents name and phone number and possibly a brief description of the dispute. Scheduling mediation- we will need to turn these cases around pretty quickly. That might mean volunteer mediators sign up for a 'shift' and mediate when cases fall on their shift i.e. the first Monday evening of the month. - We need to test this idea out and test interest with our mediator pool. In -depth interviews, this mediation model has been successful with AH and Martin Court, We will conduct in- depth interviews with each mediation participant prior to the mediation session. The DRC will conduct up to a yet to be determined amount of mediation session per month. Observations - Mediation sessions will be available for observations Mediation in lieu of eviction - this is a unique need that came up at Martin Court. We need an opportunity to have some conversations with the housing director and general counsel regarding exploring this as a service offering Created: 08 24 2015