AG 18-087 I I RETURN TO: EXT:
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
. ORIGINATING DEPT./DIV: POLICE DEPARTMENT
ORIGINATING STAFF PERSON: LYNETTE ALLEN EXT: 6701 3. DATE REQ.BY: ASAP
TYPE OF DOCUMENT(CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT(E.G,RFB,RFP,RFQ)
❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG
❑ REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS)
O ORDINANCE 0 RESOLUTION
❑ CONTRACT AMENDMENT(AG#): ❑ INTERLOCAL
X OTHER
. PROJECT NAME: PIERCE TRANSIT EXTRA DUTY POLICE SERVICES AGREEMENT
• NAME OF CONTRACTOR:PIERCE TRANSIT
ADDRESS: 370196T"ST.SW TELEPHONE: 253-983-3498
E-MAIL: TSTEPHE(&,,CO.PIERCE.WA.US FAX:
SIGNATURE NAME: TRENT STEPHENS TITLE: DEPUTY CHIEF
• EXHIBITS AND ATTACHMENTS:0 SCOPE,WORK OR SERVICES 0 COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE 0 ALL
OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES 0 PRIOR CONTRACT/AMENDMENTS
• TERM: COMMENCEMENT DATE: JANUARY 1,2019 COMPLETION DATE: DECEMBER 31,2019
• TOTAL COMPENSATION PIERCE TRANSIT WILL PAY CITY FOR OFFICERS (INCLUDE EXPENSES AND SALES TAX,IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE:❑YES 0 NO IF YES,MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED ❑YES 0 NO IF YES,$ PAID BY:0 CONTRACTOR 0 CITY
RETAINAGE: RETAINAGE AMOUNT: ❑RETAINAGE AGREEMENT(SEE CONTRACT) OR 0 RETAINAGE BOND PROVIDE
❑ PURCHASING: PLEASE CHARGE TO:
0. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED
❑ PROJECT MANAGER
❑ DIRECTOR ..�w�• �� �4/i8
❑ RISK MANAGEMENT (IF APPLICABLE)
❑ LAW Z`R. i t 24115
1. COUNCIL APPROVAL(IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE:
SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE:
2. CONTRACT SIGNATURE ROUTING
O SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS
❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE
(Include dept.support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.)
INITIAL/DATE SIGNED
❑ LAW DEPARTMENT (L I I3( `I 01
❑ SIGNATORY(MAYOR OR DIRECTOR)
❑ CITY CLERK 2�,{t�
❑ ASSIGNED AG# A 11,-0 Si A
❑ SIGNED COPY RETURNED DATE SENT: oZ. - I Ol
:OMMENTS:
1/2018
CITY OF FEDERAL WAY
EXTRA DUTY POLICE SERVICES AGREEMENT
AMENDMENT NO. 1
WHEREAS, on June 1, 2018, Pierce County Public Transportation Benefit Area Corporation
(hereinafter referred to as "Pierce Transit") and the City of Federal Way, Washington(hereinafter
referred to as "City") entered into City of Federal Way Extra Duty Police Services Agreement to provide
police related services or assistance to support Pierce Transit's system;
WHEREAS, the Agreement expires on December 31, 2018 and includes an option for additional
extensions; and
WHEREAS, both parties are willing and interested in extending the Agreement.
NOW THEREFORE, the above referenced Agreement is hereby amended as follows:
Contract Term: The Contract is herewith extended to December 31, 2019.
All other conditions of the Agreement remain unchanged and are ratified and incorporated herein and
will continue unchanged during this extended term.
IN WITNESS WHEREOF, the parties hereto have executed Amendment No. 1 to City of Federal Way
Extra Duty Police Services Agreement on the day and year set forth below their signatures.
PIERCE COUNTY PUBLIC TRANSPORTATION CITY OF FEDERAL WAY
BENEFIT AREA CORPORATION
jb&1/7 J —7 /208
Susan Dreier Date Andy J. Hwang Date
Chief Executive Officer Chief of Police
Attest: Attest:
atkiNi\MQ,
fi/ 241
Deanne Jacobson Jerk of the Board Date p anie Courtney, ( lerk Date
•p.roved as,,to legal form only: Approved as to legal form only:
I Henderson, General Counsel Date Ryan Call, City Attorney Date
5i
COUNCIL MEETING DATE: January 2,2019 ITEM 14:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Pierce Transit Extra Duty Police Services Agreement—AMENDMENT NO.1
POLICY QUESTION: Should the City of Federal Way,Federal Way Police Department enter into an
Agreement/Amendment No. 1 with Pierce Transit for Extra Duty Police Services?
COMMITTEE: PRHS&PSC MEETING DATE: Dec. 11,2018
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Kyle Sumpter,Deputy Chief of Police DEPT: Police Department
Attachments:
1. PRHS&PSC Memo
Options Considered:
1. Accept Extra Duty Police Services Agreement Amendment No.. 1 with Pierce Transit
2. Reject Amendment No. 1
MAYOR'S RECOMMENDATION: Option 1
MAYOR APPROVAL: ce'! J,�,D-IRECTOR APPROVAL:
Co 'ttee Coi ! Initial
COMMITTEE RECOMMENDATION: I move to forward Option 1 to the January 2019 consent agenda for
approval.
0
Committee Chain Committee Member Com ee Member
PROPOSED COUNCIL MOTION: I move approval of the Pierce Transit Extra Duty Police Services Agreement,
Amendment No. 1 and authorize the Chief of Police to execute said agreement.
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
OUNCIL ACTIO
APPROVE OtI04.y COUNCIL BILL#
DENIED lar reading
❑ TABLED/DEFERRED/NO ACTION Enactment reading
❑ MOVED TO SECOND READING(ordinances only) ORDINANCE#
REVISED—08/12/2010 RESOLUTION#
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: December 11, 2018
TQ: Parks, Recreation, Human Services and Public Safety Council Committee
VIA: Jim Ferrell, Mayor
FROM: Andy J. Hwang, Chief of Police
SUBJECT: Pierce Transit Extra Duty Police Services Agreement—Amendment No. 1
Financial Impacts:
There should be no financial impacts. Pierce Transit is reimbursing the City of Federal Way for
Police Officer overtime (extra duty) worked specific hours at the Transit Center or where needed.
Background Information:
In 2018 Pierce Transit requested Federal Way Police Officers to work extra duty at various Pierce
Transit stations,vehicles,bus routes,bus stops,facilities and properties in Federal Way,Washington.
The term of the agreement was from June 1, 2018 through December 31, 2018. Pierce Transit
requested an Amendment to this agreement to extend the date through December 31, 2019.
Pierce Transit agreed to pay an overtime rate of$71.27 per hour for each officer working in 2018 and
beginning in January 2019 the hourly rate shall increase by the same percentage of pay increase
given to the Police Guild Officers. The extra duty hours would be three (3) hours in the early
morning and (3)hours in the evening.
The officers would be working off duty hours so this would not impact the police services for the
Federal Way Police Department; it would in fact enhance our services since Federal Way Officers
would be working, in uniform, at various Pierce Transit sites and facilities.
1
I I RETURN TO: W .�;c EXT: ;1 01
CITY OF FdEDERAL WAY LAW DEPARTMENT ROUTING FORM
. ORIGINATING DEPT./DIV: POLICE DEPARTMENT
ORIGINATING STAFF PERSON: LYNETTE ALLEN EXT: 6701 3. DATE REQ.BY: ASAP
TYPE OF DOCUMENT(CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT(E.G,RFB,RFP,RFQ)
❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT 0 HUMAN SERVICES/CDBG
❑ REAL ESTATE DOCUMENT 0 SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS)
❑ ORDINANCE RESOLUTION
❑ CONTRACT AMENDMENT(AG#): INTERLOCAL
X OTHER
. PROJECT NAME: PIERCE TRANSIT EXTRA DUTY POLICE SERVICES AGREEMENT
NAME OF CONTRACTOR:PIERCE TRANSIT
ADDRESS: 3701 96Th ST.SW TELEPHONE: 253-983-3498
E-MAIL: TSTEPHE(u�CO.PIERCE.WA.US FAX:
SIGNATURE NAME: TRENT STEPHENS TITLE: DEPUTY CHIEF
EXHIBITS AND ATTACHMENTS:0 SCOPE,WORK OR SERVICES 0 COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE 0 ALL
OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES 0 PRIOR CONTRACT/AMENDMENTS
TERM: COMMENCEMENT DATE: JUNE 1,2018 COMPLETION DATE: DECEMBER 31,2021
• TOTAL COMPENSATION PIERCE TRANSIT WILL PAY CITY FOR OFFICERS (INCLUDE EXPENSES AND SALES TAX,IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE:❑YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED ❑YES 0 NO IF YES,$ PAID BY:❑CONTRACTOR 0 CITY
RETAINAGE: RETAINAGE AMOUNT: 0 RETAINAGE AGREEMENT(SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDE
❑ PURCHASING: PLEASE CHARGE TO:
0. DOCUMENT/CONTRACT REVIEW INITIAL/DATE REVIEWED INITIAL/DATE APPROVED
❑ PROJECT MANAGER
0 DIRECTOR 9/z//k
❑ RISK MANAGEMENT (IF APPLICABLE)
❑ LAWi
1. COUNCIL APPROVAL(IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE:
SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE:
2. CONTRACT SIGNATURE ROUTING
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D:
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS
❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE
(Include dept.support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.)
INITIAL/DATE SIG E
raiNg
LAW DEPARTMENT 44;r
SIGNATORY(MAYOR O �,�+ 0111101110111M►
ITY CLERK
ASSIGNED AG# AG# .ISM
SIGNSDCO )
RETURNED DATE SENT: '�]ntwa
(A)- A Oke--k
:OMMENTS:
'his agreement was initiated by Pierce Transit and this is the same formatting they use for Lakewood PD
InniR
•
CONTRACT NO.
City of Federal Way
EXTRA DUTY POLICE SERVICES AGREEMENT
This agreement is made and entered into this V* _ day of \NA a 2018 by and
between the City of Federal Way, Washington (hereafter "City") and Pierce County Public
Transportation Benefit Area Corporation(hereinafter"Pierce Transit").
WHEREAS,Pierce Transit's operations occur in
p and around the City;
WHEREAS, Pierce Transit seeks to contract with the City for police related services or
assistance to support Pierce Transit's system; and
WHEREAS, the City normally has resources available and is able to provide duly
commissioned law enforcement officers to provide police related services to Pierce Transit
subject to the terms and conditions set forth in this Agreement and the approval of the City's
Chief of Police or Designee;and
WHEREAS, the duly commissioned officers who may provide such service will be
assigned to extra duty under this contract during their off-duty hours which will not conflict with
their law enforcement obligation to the City;and
WHEREAS, the parties intend that the City be reimbursed, as nearly as possible for its
cost of providing policing services to Pierce Transit and that there shall be neither profit nor
subsidy in the rates for such services; and
WHEREAS, the parties are authorized to enter into this agreement by virtue of RCW
39.34 and 35.02.225;
NOW,THEREFORE,the parties agree as follows:
1. PURPOSE.
The purpose of this agreement is for the City to provide Pierce Transit with law
enforcement services through the Federal Way Police Department(FWPD).It is the intent of all
parties that the services provided herein shall be provided in conjunction with the Pierce County
Sherriffls Department to provide law enforcement services to support Pierce Transit's system.
2. SCOPE OF PERFORMANCE.
The City shall provide Pierce Transit with extra duty police officer services upon request
by the Pierce Transit Chief of Public Safety. The parties acknowledge that the number of officers
and number of hours requested by Pierce Transit may fluctuate depending on Pierce Transit's
needs,and the City's Chief of Police and Pierce Transit's Chief of Public Safety shall work
PT-Federal Way PD
ILA
together to determine the appropriate staffing level. Service provided by the City will be as is
generally described below:
(a) Number of officers: As requested by Pierce Transit subject to the
approval of the City's Chief of Police. For planning purposes in the first
year of this Agreement, the City should plan to have at least one (I)
officer per shift,per day available to support this Agreement.
(b) Hours and dates to be worked: In the first year of this Agreement,Pierce
Transit anticipates requesting services on all days throughout the year of
the contract from 0445 to 0745 and 2100 to 2400 each day or as
determined by Pierce Transit otherwise.
(c) Specific location of service. As requested by Pierce Transit, subject to
the approval of the City's Chief of Police. Pierce Transit requests service
at the Federal Way Transit Center (31621 23rd Ave S., Federal Way,
WA.) and Pierce Transit vehicles, bus routes, bus stops, facilities and
properties located in the City.
(d) Duty of Officers: The officers assigned to support Pierce Transit
pursuant to this agreement shall provide law enforcement services for
and at various Pierce Transit stations, vehicles, bus routes, bus stops,
facilities and properties and throughout Pierce Transit's system located
within the City. Such services shall include but are not limited to
addressing issues of safety and security, responding to calls for service,
conducting criminal investigations, making arrests, writing official
reports,and issuing exclusion orders as well as monitoring activities at or
on various Pierce Transit stations, vehicles, bus routes, bus stops,
facilities,properties, and parking lots. Service also includes ensuring the
safety and security of the patrons, employees, staff and visitors to the
various Pierce Transit stations, vehicles, bus routes, bus stops, facilities
and properties. FWPD officers are expected to be at Pierce Transit
locations within the City serving as a visual deterrent and liaison to the
patrons and employees for a majority of the work shift. These services
shall be provided in full uniform and shall be accompanied by a marked
or other authorized police vehicle.
It is the expectation of the parties that the officers scheduled for a pre-
determined shift will be present to complete his/her shifts, except for the
following circumstances: agency callback, late call/report from primary
employment, family emergency, personal illness, all of which will be
considered excused. The officers understand that it is their responsibility
to make appropriate notification to FWPD management and attempt to
find a replacement for their shifts.
(e) The City shall furnish and supply all necessary personnel,supervision,
equipment,uniforms,communication equipment,vehicles and supplies
PT-Federal Way PD ILA
Page 2 of 8
necessary to maintain the level of service to be rendered hereunder,and
shall pay all salaries and employee benefits and other costs in connection
therewith.
(f) The City shall maintain all records relating to the administration of this
agreement and staffing for same,provided that Pierce Transit shall have
access to all records(excluding personnel records)relating to this
agreement and/or law enforcement services provided to Pierce Transit
upon request.
(g) While working for Pierce Transit,officers will monitor and respond to
radio calls for service within the City that originate from Pierce
Transit. Pierce Transit will designate a Primary Talk group that
officers must listen to and respond to calls for service.
3. ADMINISTRATION OF PERSONNEL.
All personnel assigned to Pierce Transit shall be employed by the City and governed by
the City and FWPD laws, rules, policies and collective bargaining agreements. Recruitment,
replacement,and performance of all personnel shall be in accordance with such City laws, rules,
policies, and agreement;provided however, that Pierce Transit may communicate performance
concerns of City personnel to the City. Any assignment or re-assignment of personnel will be in
the sole discretion of the City's Chief of Police.
4. CONTRACT TERM.
The term of performance of the contract shall be from June 1,2018 through December 31,
2018.
Either party may terminate this Agreement for any reason and at any time when, in its
sole discretion, it is in the best interest of the terminating party,by giving one hundred twenty
(120) days prior written notice to the other party. The term of this agreement may be extended
only upon the mutual written agreement between the parties, and subject to approval of their
governing boards.
5. COMPENSATION.
Pierce Transit shall pay the City as full reimbursement for all police services furnished
under this contract a fee of$71.27 per hour,per officer, in calendar year 2018. On Independence
Day holiday(July 4)the hourly rate shall be$95.03.
Beginning January 1,2019,the hourly rates shall be increased by the same percentage of
pay increase in the Federal Way Police Guild bargaining agreement with the City.
It is agreed upon that officers will be paid in 1/6 of an hour increments during times
when officers work beyond their assigned shifts to complete reports,transports or other law
enforcement duties that are Pierce Transit related.
PT-Federal Way PD ILA
Page 3 of 8
6. PAYMENT.
Pierce Transit shall reimburse the City for law enforcement services described herein
pursuant to the all-inclusive payment rate shown above. The City shall invoice Pierce Transit on
or about the 15th of the month following the service and include detailed service information,
including actual service hours and all-inclusive hourly rate per officer. Payment shall be made by
a check payable to the City of Federal Way and sent to the City within thirty (30) calendar days
after receipt of invoice. Payments will include a processing fee of$10.00 per month. Payments
to the City that are received later than thirty (30) days following the invoice dates shall accrue
interest at the rate of twelve percent (12%) per annum on the balance due. All payments shall
first be applied to the accrued interest.
Pierce Transit shall not be financially liable for scheduled law enforcement services
which are not actually performed if non-performance occurred because an officer was unable to
complete his shift. However, Pierce Transit is financially liable for scheduled law enforcement
services at the designated hourly minimum in all other circumstances.
7. COORDINATION WITH CHIEF OF PUBLIC SAFETY.
Pierce Transit has or will be contracting with Pierce County Sherriff s Department to
provide a Chief of Public Safety who will be responsible for coordinating the daily delivery of
policing services to Pierce Transit in conjunction and cooperation with the City and any other
applicable law enforcement agencies. Pierce Transit reserves the right to directly hire a Chief of
Public Safety as a Pierce Transit employee. The Chief of Public Safety will be tasked with
coordinating all law enforcement efforts along with the City's FWPD officers.It shall be the
responsibility of the Chief of Public Safety to determine the appropriate coverage,amount of
hours, andeof
typ work needed by FWPD officers to support Pierce Transit's system. The Chief
of Public Safety will coordinate with the City's Chief of Police as needed,to ensure appropriate
levels of law enforcement coverage for Pierce Transit.
S. DUTY STATUS.
Each police officer assigned to work, pursuant to this contract, is subject to call or
assignment elsewhere by the City's Chief of Police or the Chief's designee, at any time for
emergencies, special assignment, or overtime duty. Extra duty employment shall not infringe or
interfere with the officer's primary obligations associated with his or her employment obligations
to the City.
PT-Federal Way PD ILA
Page 4 of 8
9. ADHERENCE TO CITY POLICIES AND PROCEDURES-SCOPE OF WORK,
Police officers engaged in extra duty employment are obligated to discharge all duties of
their office and adhere to the City's police department policies and procedures at all times. Such
officers shall obey, uphold and enforce the laws of the City and State of Washington and the
Constitutions of the State of Washington and the United States of America at all times. Such
officers shall understand that while they are on duty or engaged in extra duty assignment under
this contract,they may remain subject to the supervision,direction, and/or discipline bythe City,
PP
and subject to anybargaining
applicable collective agreement in effect with the City.Bre
officers performing work pursuant to this contract shall only provide law
enforcement/peacekeeping services as specified in Section 2(d)of this contract and they are at all
• times while performing said services subject to the direction and control of the City police
department only.
I0. ACTIVITY REPORTS.
Upon request,the City will provide reports to Pierce Transit,through the Chief of Public
Safety on criminal activity within the City of Federal Way on or involving Pierce Transit's
system. Extra duty officers assigned by the City will report their daily activities for those hours
worked in the Pierce Transit system pursuant to this Agreement. Pierce Transit will provide the
City with an electronic activity reporting tool if needed.
11. NO SPECIAL DUTY TO CONTRACTOR OR OTHERS.
Police officers on extra duty assignment have a primary obligation to the City, not Pierce
Transit.They are expected to discharge all duties of their office while performing pursuant to this
contract and are not required to perform any non-law enforcement/peacekeeping functions for
Pierce Transit. Furthermore, this contract andP erformance thereof by the City police officers
shall not create any special relationship with any person or duties to protect any specific persons
from harm or injuryincluding ding the party signing this contract.The law enforcement/peacekeeping
duties to be performed pursuant to this contract are the same in extent and scope as those
provided by police officers to every member of the public.
12. NONDISCRIMINATION.
The parties shall not discriminate on the basis of race, color,sex,religion,national origin,
creed, age or the presence of any sensory, mental or physical handicap. The City and Pierce
Transit certify that they are Equal Opportunity Employers.
13. INDEPENDENT CONTRACTOR.
The City is,and shall at all times be deemed to be,an independent contractor.Nothing
herein contained shall be construed as creating the relationship of employer and employee,or
principal and agent,between Pierce Transit and`the City or any ofthe City's agents or employees.
The City shall retain all authority for rendition of services, standards ofperfonmance, control of
PT-Federal Way PD ILA
Page 5 of 8
personnel, and other matters incident to the performance of services by the City pursuant to this
Agreement.
Nothing in this agreement shall make any employee of Pierce Transit a City employee
or any employee of the City a Pierce Transit employee for any purpose, including,but not
limited to, for withholding of taxes, payment of benefits,worker's compensation pursuant to
Title51 RCW,or any other rights or privileges accorded City or Pierce Transit employees by
virtue of theiremployment.
14. INSURANCE COVERAGE.
The City shall maintain at all times during the course of this agreement a general liability
insurance policy or other comparable coverage with a self-insured retention of no more than
$500,000.00 and a policy limit of no less than$5,000,000.00 dollars.
15. LIABILITY AND INDEMNIFICATION.
Each party shall be responsible and liable for the consequences of any act or failure to
act on the part of itself, its employees or officers. While providing services hereunder,the acts or
omissions of extra duty officers in the course and scope of supporting or otherwise providing
services to Pierce Transit under this Agreement shall be deemed to be acts or omissions of City
employees which shall be the sole responsibility of the City. Each party shall be responsible for
its own negligence and that of its employees. Each party shall defend, indemnify and save
harmless, the other party or the other party's officers, employees and agents from any and all
costs, claims, judgments or awards of damages, resulting or arising from the acts or
omissions of the indemnifying party, its officers or employees arising out of or in connection
with the performance of this agreement. This indemnity provision shall survive the expiration or
termination of this Agreement.
16. DISPUTE RESOLUTION.
In the event of a dispute in the administration of this agreement,Pierce Transit CEO or
her designee shall discuss the dispute with the City's Chief of Police in an attempt to resolve the
problem. If Pierce Transit CEO and the City's Chief of Police are unable to resolve a claim or
dispute stemming from this Agreement,the parties agree to participate in non-binding mediation
before a third party professional mediator, whose selection will be mutually agreed upon. The
cost of mediating the dispute will be borne equally by both parties,and mediation should occur
within thirty(30)days of a request by either party to engage in mediation.No claim or suit may
be brought until the dispute resolution procedures as set forth in this section have been
exhausted. If dispute resolution efforts under this section are not successful,either party may
institute legal action to enforce the terms and conditions of this agreement. Exclusive
jurisdiction for any such dispute shall be Pierce County Superior Court In Tacoma, Washington.
PT-Federal Way PD ILA
Page 6 of 8 .
17. NOTICES
All notices and other material to be delivered under this contract shall be in writing and shall
be delivered or mailed to the following address:
City of Federal Way
33325 8th Ave. S.
Federal Way,WA 98003
Attn: Chief of Police
Pierce Transit
3701 96th St.SW
Lakewood,WA 98499
Attn: Chief Operations Officer
Pierce Transit
3701 96th St. SW
Lakewood,WA 98499
Attn: General Counsel
Or such other addresses as either party may,from time to time,designate in writing.
18. SIGNATURES.
The parties agree that all signatures,whether original,copy or faxed on this agreement
will be considered originals.
19. SEVERABILITY.
If any of the provisions contained in this Agreement are held illegal,invalid or
unenforceable,the remaining provisions shall remain in full force and effect.
20. CONFLICTS.
In the event of a conflict between any other agreements between the parties including,
this Agreement shall govern.
21. ENTIRE AGREEMENT.
No modification or amendment of this contract shall be effective unless in writing and
signed by authorized representatives of the parties after approval of their respective governing
body. This contract contains the entire agreement between the parties and may not be enlarged,
modified or altered except in writing signed by the parties.
PT-Federal dere WayPDI A
ILA
Page 7 of 8
In WITNESS hereof,the parties have executed this Agreement on this date,the day ofaacit201 8.
CITY of FEDERAL WAY PIERC TRANSIT
C�. c le/,/��k
AndyJ.
Hang,Cbfef o�lice! to -.1ff Sue Dreier Chief Executive Officer
Attest:
0 1 (3(A Ojaxp\p-la, (.0 \\-\\9
g anie Courtney,City /Date Deanne Jacobson, •lerk of the Board/Date
Approved as to legal form only: Approved as to legal form only:
DV-Oie 011$ li5
Ryan Call,City Attorney/Date Dana A.Henderson,General Counsel/Date
PT-Federal Way PD ILA
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