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PRHSPSC PKT 04-09-2019City of Federal Way City Council Parks, Recreation, Human Services & Public Safety Committee April 9, 2019 City Hall 5.00 p.m. Hylebos Conference Room 1. CALL TO ORDER 2. PUBLIC COMMENT (3 minutes) 3. COMMISSION COMMENTS 4. COMMITTEE BUSINESS Topic Title/ Description MEETING AGENDA Presenter Page A. Approval of March 12, 2019 Minutes B. 2020-2024 Community Development Block Grant Bridgeford (CDBG) Consolidated Plan C. Federal Way Youth Action Team Bridgeford D. Family Shelter Grant Update Bridgeford E. Wide Area Mower Replacement Gerwen F. Broadcasting PRHSPS Committee meetings G. Performing Arts & Events Center (PAEC) H. The Humane Society for Tacoma and Pierce County Agreement for Sheltering and Related Services I. Jail Services Contract - Yakima County Jail J. Jail Services Contract - Issaquah City Jail K. Jail Services Contract - Puyallup City Jail 3 N/A N/A N/A 9 Action or Info Action Information Information Information Action Fichtner N/A Discussion Gressett N/A Discussion Jones 11 Action Schwan 25 Action Schwan 45 Action Schwan 53 Action Council Date N/A N/A N/A N/A Consent 4/16/19 N/A N/A Consent 4/16/19 Consent 4/16/19 Consent 4/16/19 Consent 4/16/19 Committee Members City staff Jesse Johnson, Chair John Hutton, Parks Director Mark Koppang Mary Jaenicke, Administrative Assistant II Martin Moore K:\PRHSPS Committee\2019\04-09-2019 Agenda.doc L. Jail Services Contract - Kittitas County Jail M. Agreement Between the Washington Traffic Safety Commission (WTSC) and the Federal Way Police Department to Provide Grant Funding for Traffic Enforcement N. MOU Between Twin Lakes Plaza, LLC and the City of Federal Way 5. EMERGING ISSUES/PENDING ITEMS Topic Title/ Description A. Quarterly Crime Report B. Emergency Shelter Guidelines/Criteria C. Senior Commission 6. ADJOURNMENT Schwan 65 Action Consent 4/16/19 Hwang 79 Action Consent 4/16/19 Hwang 95 Action Consent 4/16/19 Presenter Info Time Hwang Update 10 mins. Honda Discussion 10 mins. Johnson Discussion 10 mins. NEXT REGULAR MEETING: May 14, 2019 Committee Members City staff Jesse Johnson, Chair John Hutton, Parks Director Mark Koppang Mary Jaenicke, Administrative Assistant II Martin Moore K:\PRHSPS Committee\2019\04-09-2019 Agenda.doc City of Federal Way City Council PARKS RECREATION HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday March 12, 2019 5:00 p.m. SUMMARY Committee Members in Attendance: Chair Johnson, Committee member Moore, and Committee member Koppang. Council Members in Attendance: Deputy Mayor Honda, Council member Lydia Assefa-Dawson Staff Members in Attendance: Eric Rhoades, Assistant City Attorney, Chief Andy Hwang, John Hutton, Parks Director, Steve Ikerd, Parks Deputy Director, Jeff Watson, Human Services Manager, Sara Bridgeford, CDBG/HS Coordinator, Ray Gross, Emergency Manager, Thomas Fichtner, IT Manager, Autumn Gressett, Community Relations/Contract Administrator, and Mary Jaenicke, Administrative Assistant II. Guests: Brian Hoffman, Spectra Chair Johnson called the meeting to order at 5:01 pm Commission Comment: None Public Comment: None BUSINESS ITEMS Approval of Minutes Committee member Koppang motioned to approve the January 8, 2019 minutes as written. Committee member Moore seconded. Motion passed. Committee member Koppang motioned to approve the January 14, 2019 minutes as written. Committee member Moore seconded. Motion passed. 2018 Emergency Management Performance Grant Staff Gross provided the background information. The purpose of this grant is to assist with the enhancement and sustainment of emergency management programs. This is a 50% grant, and it is matched with his salary. The City of Federal Way is expected to be awarded $37,500 and has $18,750 in matching funds. This grant will be used to fund the mass notification system CodeRed. Committee member Moore moved to forward the proposed grant to the March 19, 2019 consent agenda for approval. Committee member Koppang seconded. Motion passed. Third Amendment for Janitorial Services Staff Gerwen provided the background information. Synergy has been performing janitorial services at City Hall, Police Evidence Building and the Steel Lake Maintenance Shop. Three park sites have been added. Because of the addition of these three sites, staff needs to amend the compensation and the scope of work. The total amount of compensation for the additional services is $85,000.00. Committee member Koppang moved to forward the proposed amendment to the Synergy Building Services, Inc. contract to the March 19, 2019 City Council consent agenda for approval. Committee member Moore seconded. Motion passed. Parks, Recreation and Open Space Plan — Information Only Staff Gerwen provided an update on the PROS Plan. He explained to the committee what the PROS Plan is. The plan encapsulates the community's values and visions for the City's Parks and Recreation Department. The plan includes policies intended to influence how we manage the parks, recreation and K:\PRHSPS Committee\2019\03-12-2019 Mins.doc PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, March 12, 2019 Summary Page 2 open space. It also includes a 6 year Capital Improvement Plan (CIP). The Parks Department relies on grant funding to support many of the park projects. In order for the city to be eligible for grants the plan must be current, and must be updated every six years. The plan is a road map of where the department should be going and what the department should be focusing on for the next six years. This has been a two year process which included stakeholder and public meetings. There was also a survey available to the public for six months. One of the results of the survey was that people felt that the city has enough parks and open space, and they would like to see the city make an investment in improving the existing resources. Equipment Purchase — One (1) Additional Parks Department Utility Cart Using Replacement Reserves Staff Gerwen provided the background information. The Parks Department received approval from the City Council to purchase two utility carts. The bids came back favorably, and the department has enough funding to purchase a third utility cart; no additional funding is being requested. Committee member Koppang moved to approve the use of existing reserves to purchase and add one (1) utility cart to the Parks Department equipment inventory to the March 19 consent agenda for approval. Committee Moore seconded. Motion passed. HVAC Service Contract Award Staff Ikerd provided the background information. Staff went out to bid, and MacDonald Miller Facilities Solutions, Inc. submitted a responsive responsible bid. They will provide HVAC services at City Hall and the Federal Way Community Center. This is a three year contract with a comprehensive plan that covers parts and labor. The total amount of the contract is $206,800.00. Committee member Moore moved to forward the proposed Agreement to the March 19, 2019 consent agenda for approval. Committee member Koppang seconded. Discussion was held. Committee member Moore wanted clarification on future funds. Motion passed. Tree Service Contract Award Staff Ikerd provided the background information. Staff went out to bid for tree services, and Thundering Oak Tree Care was the only tree service company that submitted a responsive responsible bid. The vendor is local, highly qualified and has provided this service to the city in the past. They have a certified arborist that performs this service. This is a three year contract with a total compensation of $60,500.00. Committee member Koppang moved to forward the proposed Agreement to the March 19, 2019 consent agenda for approval. Committee member Moore seconded. Motion passed. Use of Additional Unallocated Mitigation Funds to Complete the Purchase of one (1) Foreclosed King Countv Parcel for Open Space and Recreation Staff Ikerd provided the background information. He attended the PRHSPSC meeting in January to request permission to purchase 5 foreclosed King County Parcels. One of the five parcels ended up with a $3500 fee in the deed transfer paperwork; the original paperwork stated the price was $2500. Committee member Moore moved to approve additional unallocated mitigation funds to complete the purchase of this real property to the March 19, 2019 City Council consent agenda for approval. Committee member Koppang seconded. Motion passed. Renewing an MOU with the Internet Crimes Against Children Task Force Chief Hwang provided the background information. The Task Force is located in Seattle, and they are a federally funded group. The Federal Way Police Department (FWPD) uses them for resources and the officers have access to their training at no cost. The internet training will be valuable in investigating internet based crimes and human trafficking. There is no cost to the City of Federal Way for taking part in the program. Committee member Moore moved to forward the proposed Agreement to the 4 PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, March 12, 2019 Summary Page 3 March 19, 2019 consent agenda for approval. Committee member Koppang seconded. Motion passed. Police Services Agreement with Commons Mall Chief Hwang provided the background information. This is a two year contract. Currently there are three officers that are assigned at the Commons Mall. The contract calls for 100 hours a week. They pay for 50% of the officer's salary and benefits. It's a mutual benefit to have officers assigned at the mall. Committee member Koppang moved to forward the proposed Agreement to the March 19, 2019 consent agenda for approval. Committee member Moore seconded. Motion passed. Public Safety Testing (PST) Total Compensation Amendment from $37,500 to $47,500 Chief Hwang provided the background information. In 2017 FWPD contracted with PST to provide a Lieutenant Assessment Center testing process to establish a list of qualified lieutenant candidates for promotion. They provide a written exam and physical agility testing for police recruits. They are requesting to that the total cost of compensation by$10,000. This increase will cover the 2019 Lieutenant Assessment Center testing process and the annual recruitment testing costs for 2019. They are not asking for additional funding, they will be using existing funding from another budget line item. Committee member Moore moved to forward contract Amendment #2 of the existing Subscriber Agreement with Public Safety Testing for the Recruitment and Testing of police candidates to the March 19, 2019 Council consent agenda for approval. Committee member Koppang seconded. Motion passed. Chair Johnson reported that the Chief will give a report at the April meeting. Chief Hwang stated that the report will include information on the crime stats, response time, staffing, and goals for the year and the number of community events and meetings that the FWPD are attending. These reports will be given on a quarterly basis. Chair Johnson motioned to move the quarterly reports to the April 9 agenda. Committee member Koppang seconded. Motion passed. 2019 Human Services Commission Work Plan Staff Watson provided the background information. The Human Services Commission developed their 2019 Work Plan at their December 2018 meeting. The work plan consists of 11 items. Staff Watson reviewed the work plan with the committee. Committee member Koppang moved to forward the 2019 Human Services Commission Work Plan to the March 19, 2019 consent agenda for approval. Committee member Moore seconded. Motion passed. CDBG Citizen Participation Plan Staff Watson provided the background information. The Citizen Participation Plan (CPP) is a necessary document that is required by Federal regulation. It sets forth policies and procedures for citizen participation regarding the use of CDBG funds and program funding on the part of entitlement communities. The CPP was developed in 2012 when the City became an entitlement city. This is the first update to the CPP. Staff Watson reviewed the proposed changes to the CPP, and why the CPP needs to be amended. Committee member Koppang moved to forward the CDBG Citizen Participation Plan to the March 19, 2019 agenda for approval. Committee member Moore seconded. Motion passed. First Amendment to the 2018 Community Development Block Grant (CDBG) Annual Action Plan Staff Bridgeford provided the background information. City Council approved the CDBG Annual Action Plan (AAP) in January 2018. That AAP included a project for the Multi -Service Center Villa Capri, which is an affordable housing complex that contains 86 units. They requested $100,000 for a door renovation project. The total amount requested in the AAP was $103,500. The CDBG funds became available October 2018. The project has not happened yet. Project costs increased and part of that is due to the increase in State prevailing wage rates. The project costs increased approximately $48,000. The total project is now estimated to be $178,500. The Human Services Commission originally approved the 5 PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, March 12, 2019 Summary Page 4 additional $48,000. The funding exceeds 20% of the original CDBG funding; therefore the AAP must be amended. Committee member Moore moved to forward the First Amendment to the 2018 Community Development Block Grant (CDBG) Annual Action Plan to the March 19, 2019 City Council agenda for public hearing. Committee member Koppang seconded. Motion passed. 2018 Program Year Consolidated Annual Performance and Evaluation Report (CAPER) Staff Bridgeford provided.the background information. This is the report that the City uses to explain how the funds have been used and the accomplishments that were achieved. For 2018 the city expended $777,398 in CDBG funds, and leveraged $215,654.00. 487 persons were assisted and the majority of the CDBG funds were used to assist very low to low income persons. Ms. Bridgeford reviewed the key accomplishments. Committee member Koppang moved to forward the 2018 Consolidated Annual Performance & Evaluation Report to the March 19, 2019 City Council agenda for public hearing. Committee member Moore seconded. Motion passed. COUNCIL DISCUSSION ON EMERGING ISSUES Performing Arts & Events Center (PAEC) Staff Gressett updated the Committee on the PAEC. Signage for the PAEC is in production. The PAEC was in use 11 out of 30 days in January. Their marketing efforts for January resulted in reaching over 18,000 people thru Facebook, radio and television ads. For February the PAEC was in use 14 out of 28 days. Marketing efforts for February reached over 17,000 people. 6500 students have also visited the PAEC to attend matinees. Committee member Moore requested that written reports be provided at future PRHSPSC meetings. Discussion was held on what is being done to be inclusive of the resident non-profit organizations. Mr. Hoffman from Spectra stated that they are working with the local non-profit organizations, but that he also has a fiduciary responsibility to the City. They are continuing to look at how they can maximize their revenue and the space. Mr. Hoffman stated that they are working with a lot of local groups that are looking at the PAEC to hold their fundraising events, as well as continuing to build the programming in the theater. An extensive discussion was held regarding the parking lot, updates on the naming rights, announcing next season's shows and other items. Broadcasting PRHSPS Committee Meetings Staff Fichtner stated that the IT department originally broadcasted three meetings: City Council, Federal Way School Board and Land Use and Transportation Committee (LUTC). Staff Fichtner started with the city in 2003 and at that time the IT staffing levels were at nine people. The recession occurred, the staffing levels were reduced. Because the staffing levels were reduced, the services were also reduced. The broadcasting of LUTC meetings was eliminated. The staffing level is now at seven, and they have a rotating calendar to manage the City Council and School Board meetings. IT staff schedules have been offset because the department does not have overtime. It's a struggle to balance the Council and School Board meetings. Staff Fichtner presented a chart on how many people are actually watching the Council meetings on You Tube. The average concurrent viewers ranged from 4 to 12 people, and the peak concurrent viewers ranged from 7 to 32. Committee members Koppang and Moore stated that they are not concerned with the numbers; this is about transparency. Staff Fichtner stated that his department cannot do additional broadcasts with the existing staff that he has. The City is currently paying a temporary videographer $29/hr. The committee discussed the need to enhance Government transparency, and committee member Moore would like to know if there are other options. Staff Fichtner stated that without additional staff, the IT department cannot accommodate this request at this time. Staff Fichtner suggested that the committee consider contracting with a private company. The Council would need to allocate funding to hire an outside contractor. Staff Fichtner was asked to return to the April committee meeting with information on the costs of hiring an outside contractor. 0 PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday, March 12, 2019 Summary Page 5 Emergency Shelter Guidelines/Criteria Deputy Mayor Honda stated that the Council has had discussions on when they would open the Federal Way Community Center (FWCC) as a cooling or warming center. The City has a contract with the Red Cross to provide shelter for when it's deemed necessary. She stated that the Council needs to decide if current contract is something that they want to work on in the future. Deputy Mayor Honda added that the City needs to take a different approach and look at bigger churches that have larger kitchens, and ask them if they would be willing to be an emergency shelter. Both Deputy Mayor Honda and committee member Koppang agreed that the FWCC is not an option to be used for an emergency situation. Staff has approached the Federal Way School District (FWSD) to use their gymnasiums as a location. Staff Watson stated that it was brought up a few years ago but that it may something worth pursuing again. The FWPD's response was that they're already serving lunches to homeless children. Staff Hutton also expressed his concerns about using the FWCC as a shelter; there a numerous safety concerns, and staff is not trained to deal with the issues that may arise. The FWCC also has a revenue expectation, and this would be impacted by using the center as an emergency homeless shelter. The committee would like to have a policy and location in place before next winter. NEXT REGULAR MEETING April 9, 2019 ADJOURNMENT Meeting adjourned at 7:52p.m. This Page Left Blank Intentionally SUBJECT: WIDE AREA MOWER REPLACEMENT POLICY QUESTION: Should council authorize replacing a wide area mower this year and use existing replacement reserves to make the purchase? COMMITTEE: PRHSPSC MEETING DATE: 4/9/16 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Jason H. Gerwen, Parks & Facilities Manager DEPT: Parks ...................................................................................................................................................................................................................................................................................................................................................................._... Attachments: Staff Report Options Considered: 1. Authorize staff to replace a wide area mower this year and use existing replacement reserves to make the purchase. 2. Do not authorize staff to replace the wide area mower this year and allocating replacement reserves to make the purchase and provide staff direction. MAYOR'S IN: Option #1 MAYOR APPROVAL: '7 3 '7DIRECTOR APPROVAL: 5M 311 ' 1�9 �,. ....»ee r,,.... InitiaVDate Initial/bate' (/ Initial/Date COMMITTEE RECOMMENDATION: "I move to forward the proposed replacement of a wide area mower and use of replacement reserves to make the purchase of a new wide area mower to the April 16`h, 2019 consent agenda for approval. " Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval to replace a wide area mower and authorize use of replacement reserves to make the purchase of the mower. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/2017 RESOLUTION # 9 CITY OF ,._. Federal Way DATE: March 27, 2019 To: PRHSPS Committee FROM: Jason H. Gerwen, Parks & Facilities Manager RE: Wide Area Mower Replacement SUMMARY/ BACKGROUND: The Parks Department utilizes a wide area mower with a mowing width of 16'. In late February 2019, while the wide area mower (E4251) was in for its annual service, we were informed that it had transmission issues and was going to cost $15,000 to repair. With this significant repair cost, we explored the possibility of replacing the unit. This mower was not included in the 2019-2020 budget because we believed it could make it another budget cycle before needing to be replaced, despite meeting it's lifespan of 7 years and being eligible to be replaced in 2019. Due to the power train issue and the number of hours on the mower the Public Works Director, Fleet Coordinator and Parks Department management team believe it is a better business decision to replace the unit now. We have $94,575.00 replacement reserves, plus $11,000 trade in value, leaving us short -$1,107.52 to replace. Parks Department staff has identified operations money to cover the shortage. We are requesting authorization to replace the mower this year and approval to use available replacement reserves to make the purchase. Financial implications: Replacement reserves available: $ 94,575.00 Replacement reserve shortage: $ -1,107.52 On-going financial implications Gasoline, Repair & maintenance supplies: (Already Collecting) $ 0.00 Product Description Qty. Unit Price Extended Sates Tax Total Trade -In Allowance -1 $11,000.00 $11,000.00 $0.00 -$11,000.00 GM5900 T4 Final 1 $96,006.14 $96,006.14 $9,600.61 $105,606.75 Blade Service Pack 1 $227.42 $227.42 $22.74 $250.16 Universal Sunshade 1 $575.55 $575.55 $57.55 $633.10 Inbound Freight Fee 1 $175.00 $175.00 $17.51 $192.51 Totals $95,682.52 10 SUBJECT: THE HUMANE SOCIETY FOR TACOMA AND PIERCE COUNTY AGREEMENT FOR SHELTER AND RELATED SERVICES POLICY QUESTION: Should the police department renew the contract with the Tacoma and Pierce County Humane Society? COMMITTEE: PRHS&PSC MEETING DATE: April 9, 2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Commander Casey Jon .................................................................................................................................DEPT: PD ................................................................................ ............... ............................. __...._... __......................... ................ Attachments: Staff Report Humane Society Agreement Options Considered: 1. Accept the recommendation to renew the Humane Society Agreement. 2. Reject the recommendation to renew the Humane Society Agreement. MAYOR'S RECOMMENDATION: Option #1— accept the recommendation to renew the Humane Society Agreement MAYOR APPROVAL: �+ .gDIRECTOR APPROVAL: Jj �'�w i1 r ., :i 1 ) Initial ate Initial/Date COMMITTEE RECOMMENDATION: I move to forward the proposed Humane Society contract to the April 16, 2019 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Humane Society for Tacoma and Pierce County Agreement for Shelter and Related Services, effective February 1, 2019 through December 31, 2020, with a total compensation of approximately $152,200 and authorize the Mayor to sign said agreement. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/2017 RESOLUTION # 11 CITY OF FEDERAL WAY MEMORANDUM DATE: April 9, 2019 TO: Jim Ferrell, Mayor FROM: Andy Hwang, Chief of Police SUBJECT: The Humane Society for Tacoma and Pierce County Agreement for Shelter and Related Services Financial Impacts: For 2019 the cost to the City for the Humane Society animal services agreement was included within the approved budget under the police department budget line 001-2100-113- 554-31-452. Upon completion of the agreement with the licensor, costs will be $5000 per month ($60,000 per year) for 2019 plus $25 per day, per animal, for all animals held over 3 days. In 2020, the costs will increase to $6350 per month ($76,200) plus $25.75 per day, per animal, for all animals held over 3 days, which will exceed the approved budget for 2020. 1 recommend an estimated $16,000 to help cover the costs of animals held over 3 days in 2019 and 2020 for a total compensation of approximately $152,200 for the 2 year agreement. Background Information: The Animal Services Unit of the Federal Way Police Department has contracted with the Tacoma and Pierce County Humane Society since the inception of our Animal Services Unit in 2011. The city uses the Humane Society for stray animals, impounded animals, disposal of unclaimed animal carcasses, and for licensing services. The Humane Society plays a vital part in reuniting lost animals with owners, in adopting found animals with their forever families, and they have a role in animal abuse investigations. They hold our animals that have been quarantined due to an attack, and have holding areas for animals that have been declared vicious or dangerous. The Humane Society has increased the costs to the City (and other agencies that contact with the Humane Society). In 2018 they announced their intent to implement another substantial increase in charges to their contract cities. Those cities formed a coalition to have better bargaining power but ultimately the coalition was not successful in reaching a unified agreement with the Humane Society. The City explored other alternatives by examining potential costs with Green River Humane Society, and by discussing the feasibility of building our own shelter. After analyzing these alternatives and despite the increase costs at the Tacoma and Pierce County Humane Society, the recommended choice is to renew the contract with the Tacoma and Pierce County Humane Society. 12 Rev. 7/18 ` CITY OF CITY HALL '�..... 33325 8th Avenue South Federal Way, WA 98003-6325 Federal Way (253) 835-7000 www ci"ffederalway cam PROFESSIONAL SERVICES AGREEMENT FOR HUMANE SOCIETY FOR TACOMA AND PIERCE COUNTY This Professional Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and the Humane Society for Tacoma and Pierce County, a Washington non-profit corporation formed and operating pursuant to RCW 16.52.020 ("Contractor"). The City and Contractor (together "Parties") are located and do business at the below addresses, which shall be valid for any notice required under this Agreement: HUMANE SOCIETY FOR COUNTY: Stuart Earley, CEO 2608 Center Street TACOMA AND PIERCE Tacoma, WA 98409 253-284-5821 (telephone) StuartEAthehumanesociety.org The Parties agree as follows: CITY OF FEDERAL WAY: POLICE DEPARTMENT Andy Hwang, Chief 33325 8th Avenue South Federal Way, WA 98003-6325 253-835-6700 (telephone) Lynette.AllenAcityoffederalway.com 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Services specified in this Agreement, but in any event no later than December 31, 2020 ("Term"). This Agreement may be extended for additional periods of time upon the mutual written agreement of the Parties. 2. SERVICES. The Contractor shall perform the services more specifically described in Exhibit A ("Services"), attached hereto and incorporated by this reference, in a manner consistent with the accepted professional practices for other similar services within the Puget Sound region in effect at the time those services are performed, performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Services and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. Services shall begin immediately upon the effective date of this Agreement. Services shall be subject, at all times, to inspection by and approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Agreement, notwithstanding the City's knowledge of defective or non -complying performance, its substantiality or the ease of its discovery. 3. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days' written notice at its address set forth above. The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12 of this Agreement. Termination for such conduct may render the Contractor ineligible for City agreements in the future. 4. COMPENSATION. 4.1 Amount. In return for the Services, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit B, attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit B, the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance of Services and payment under this Agreement. 13 PROFESSIONAL SERVICES AGREEMENT - I - Rev. 3/2017 CITY OF GN HALL �'�•.... 33325 8th Avenue 8003 Federal Way, WA 98003-6325 Federal Way (253) 835-7000 wmv ci yoffederalway corn 4.2 Method of Payment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Services have been performed, the name of the personnel performing such Services, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon completion of all Services. Payment shall be made on a monthly basis by the City only after the Services have been performed and within thirty (30) days following receipt and approval by the appropriate City representative of the voucher or invoice. If the Services do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 Non -Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. INDEMNIFICATION. 5.1 Contractor Indemnification. The Contractor agrees to release, indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives; arising from, resulting from, or in connection with this Agreement or the acts, errors or omissions of the Contractor in performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub -contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and sub -contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees, or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 1 14 PROFESSIONAL SERVICES AGREEMENT - 2 - Rev. 3/2017 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com 6.1. Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products -completed operations, stopgap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and $2,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington. C. Automobile liability insurance covering all owned, non -owned, hired, and leased vehicles with a minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. d. Professional liability insurance with limits no less than $1,000,000 per claim and $2,000,000 policy aggregate for damages sustained by reason of or in the course of operation under this Agreement, whether occurring by reason of acts, errors or omissions of the Contractor. 6.2. No Limit of Liability. Contractor's maintenance of insurance as required by this Agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance. 6.3. Additional Insured, Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit C and incorporated by this reference. At the City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is terminated or upon project completion and acceptance by the City. 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All . information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential and subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. All records submitted by the City to the Contractor will be safeguarded by the Contractor. The Contractor will fully cooperate with the City in identifying, assembling, and providing records in case of any public records request. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media, or material that may be produced or modified by Contractor while performing the Services shall belong to the City upon delivery. The Contractor shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Services specified in this Agreement, and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review, or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 15 PROFESSIONAL SERVICES AGREEMENT -3 - Rev. 3/2017 CITY OF CITY HALL '�.. Federal Way 33325 $m Avenue South Federal Way, WA 98003-6325 400 (253) 835-7000 www cityoffederalw W com 10. INDEPENDENT CONTRACTOR. The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay, or any other benefit of employment, nor to pay any social security or other tax that may arise as an incident of this Agreement. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the Services specified in this Agreement and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the Services. The Contractor shall pay all income and other taxes due except as specifically provided in Section 4 of this Agreement. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other entities or persons; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Contractor's selection, the negotiation, drafting, signing, administration of this Agreement, or the evaluation of the Contractor's performance. 12. EQUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, honorably discharged veteran or military status, sexual orientation including gender expression or identity, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Parts 21, 21.5, and 26, or any other applicable federal, state, or local law or regulation regarding non- discrimination. 13. GENERAL PROVISIONS. 13.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. 13.2 Assignment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non -assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without add4inal written consent. Subject to the foregoing, the rights and PROFESSIONAL SERVICES AGREEMENT - 4 - Rev. 3/2017 CITY OF CITY HALL 33325 At Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www atyoffederahvay com obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or'may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity, or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules, and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; however, nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof, it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] 17 PROFESSIONAL SERVICES AGREEMENT - 5 - Rev. 3/2017 ` CITY OF CITY HALL Federal Way 33325 8tfi Avenue 5autfi Federal Way, WA 98003-6325 (253)835-7000 www crtyoffederaiway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: Jim Ferrell, Mayor DATE ATTEST: Stephanie Courtney, CMC, City Clerk APPROVED AS TO FORM: J. Ryan Call, City Attorney HUMANE SOCIETY FOR TACOMA AND PIERCE COUNTY: By: Printed Name: Title: DATE: STATE OF WASHINGTON) ss. COUNTY OF On this day personally appeared before me to me known to be the of that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of 20 Notary's signature Notary's printed name Notary Public in and for the State of Washington. My commission expires 113 PROFESSIONAL SERVICES AGREEMENT - 6 - Rev. 3/2017 CITY OF CITY HALL Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederaiway com EXHIBIT A SERVICES THE CONTRACTOR AGREES: (1) To furnish, maintain, and to employ adequate staff for suitable shelter for the handling of stray, impounded, and unwanted companion animals turned over to the Society by the Municipality or its residents. Companion animals are specifically defined as dogs, cats, domestic birds, domestic rabbits and small domestic rodents. Companion animals specifically exclude livestock (horses, cows, pigs, sheep, goats, fowl, etc.) venomous or dangerous reptiles and wild or exotic animals. Such facility shall include cat kennels and dog kennels, as well as facilities for the humane disposal of sick and injured companion animals. The facility will provide disposal (cremation) services for animals deceased upon arrival or during the time of sheltering. Impounded animals, awaiting disposition by the courts will be held for up to 3 days and subject to an additional charge after the first three days. After three days, board will be charged to Municipality at the rate of $25 per day per animal in 2019. (2) To keep the shelter staffed and open for the purposes of receiving companion animals and allowing such animals to be redeemed during regular business hours; provided that the Society shall establish and maintain 7 - day per week, 24-hour per day access for Municipality animal control officers to drop off companion animals or carcasses outside of normal shelter hours. It is understood that this does not include responsibility for care of sick or injured companion animals outside of normal shelter hours. (3) To provide licensing services for resident of the Municipality for animals adopted or impounded at the Humane Society shelter whose owner resides within the Municipality. The license service for impounded and adopted animals shall be provided during normal business hours. The Humane society shall maintain complete and adequate records of all licenses issued and shall provide a timely report to the Municipality listing the name and address of the licensee and a description of the animal licensed. The Humane Society will retain all revenue from licenses sold at the shelter and payments shall be made directly to the Humane Society. (4) To provide orientation and training to Municipality animal control officers on the Society shelter and its admissions policies, practices and other Society operations as appropriate. (5) To maintain complete records of animals received and animals disposed of on behalf of the Municipality and other entities with whom the Municipality has contracted. The Society agrees to promptly make its records of investigations available for the Municipality's inspection at reasonable times, and to furnish reports of the Society's activities to the Municipality, and to provide, within reason, such other data as the Municipality requests and as may be inspected or requested by other entities with whom the Municipality has contracted. This means the Society at such times and in such form as the Municipality may require, shall furnish the Municipality with periodic reports pertaining to the work and services undertaken pursuant to this Contract. The Society will make available to the Municipality all work-related records and documents for inspection, or evaluation during normal business hours in order to assess performance, compliance and/or quality assurance under this Contract. The Society further agrees to fully cooperate with any civil or criminal investigations by the Municipality and to make its employees available for interviews conducted in the furtherance of such investigations. (6) To provide access to computers for Municipality Animal Control Officers to enter data into the database software for animals picked up by Municipality Animal Control Officers. (7) To provide basic blood draw, fecal sample, lab lusts and weight at time of admission for animals involved PROFESSIONAL SERVICES AGREEMENT - 7 - Rev. 3/2017 ` CITY OF CITY HALL Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederaMoy com in cruelty investigations, requested by Municipality Animal Control Officers. This service will be offered for cases of 1 to 2 animals and may be repeated weekly as deemed necessary by the Veterinarian staff at the Humane Society. The costs associated with any additional lab tests will be billed separately to the Municipality. Cruelty cases larger than two animals will require advance notification in order to perform this service. (8) To procure and maintain comprehensive general liability insurance, and professional liability insurance with limits not less than $1,000,000.00 ($1,000,000.00 bodily and personal injury and property damage insurance). The Municipality is to be named as an additional insured and such insurance as is carried by the Society is primary over any insurance carried by the Municipality. (9) To furnish equipment and supplies used in the performance of the Society's obligations arising from this contract, except equipment and supplies that the Municipality expressly promises to furnish outside of this contract. (10) The Society agrees to hold harmless, indemnify and defend the Municipality and its officers, officials and employees from any claim, liability, lawsuit or legal judgment arising from or out of the negligent or tortious actions or inactions of the Humane Society in its performance of the activities and services set forth herein in this agreement to be performed by the Society. The Agreement to indemnify, defend and hold harmless the Municipality by the Society shall not apply to any loss, claim, liability, lawsuit or legal judgment arising from the sole negligence of the Municipality. This provision shall survive the expiration or termination of this agreement with respect to any event occurring prior to such expiration or termination. (11) 'To allow Municipality Animal Control Officers to sanitize their vehicles in accordance with Society practices until the Society requires the sanitizing facility to be vacated for construction. The Humane Society will provide 90 days' notice if the area is to be vacated. (12) Non-discrimination. The Society agrees to take all steps necessary to comply with all federal, state and local laws and policies regarding nondiscrimination and equal employment opportunities. The Society shall not discriminate in any employment action because of race, religion, color, national origin or ancestry, sex, gender identity, sexual orientation, age marital status, familial status, or the presence of any sensory, mental or physical handicap. THE MUNICIPALITY AGREES: (1) To pay those fees outlined in Exhibit B. (2) Impounded animals, awaiting disposition by the courts or held as directed by the Municipality will be held for a maximum of 3 days without additional charge. After 3 days, board will be charged to the Municipality at the rate of $25 per day. The boarding rate will reflect a 3% increase to $25.75 per day in 2020. The Society will invoice the Municipality by the 20th of each month for the prior month's activity. Boarding charges for impounded animals beyond 3 days will cease when the Municipality provides written notification to the Society of the release. The written authorization to release will include the animal number, a description of the animal, and document further actions to be taken (if any) with the animal (such as release to owner, euthanasia, etc.). (3) Authorizes the Society to act on behalf of the Municipality for the purpose of selling pet licenses to owners of pets residing in the Municipality in accordance with PCC Chapter 6.04. 20 PROFESSIONAL SERVICES AGREEMENT - 8 - Rev. 3/2017 4% CITY OF ..� Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www o4vffederalway com (4) To allow the Humane Society to retain all adoption, impound, board, fines and other fees collected from the public for animals accepted into the shelter. (5) To provide the Humane Society all licenses and licensing material for the Municipality and any other entities with whom the Municipality has contracted with. (6) Until the Humane Society accepts the animal, the Municipality is responsible for all after-hours emergency care of any animal that it impounds. The Municipality will be responsible for payment of care for impounded animals taken by the Municipality after hours to veterinary clinics by its Animal Control officers. During hours that the shelter is open, the Society will provide veterinary care. The Municipality is responsible for transporting the animal from any veterinary clinic to the Humane Society once the animal is stabilized. (7) Animal Control Officers will perform the following intake functions: • Move animals from ACO vehicle into intake area. • Ensure relevant details are entered into the animal sheltering management database selected by the Society, including: o Description of an animal's health or temperament, to the best of their knowledge; o Contact information, if ongoing communication is required (vet, ACO, animal owner, etc.) o Hold and release instructions, when special directions apply. • Place cats and very small animals into carriers and place the carriers in the Humane Society designated receiving area. • Place dogs in designated kennels or receiving area. • After hours, set kennel with water. • Remove and appropriately dispose of any debris (including feces and animal hair) associated with the City's transport, crating, or kenneling of an animal. • Animal Control Officers will provide the following supplemental records to assist the Humane Society with animal care: o Veterinary records (if the animal has been discharged from an animal hospital). o Selected investigation records (if the animal is suspected of being a potentially -dangerous or dangerous animal). • Officers will take primary responsibility for communication with animal owners, media, and interested parties about the status of an impounded animal. Confidentiality, as defined in this agreement, will be maintained. (8) Municipality will provide its own Potentially Dangerous Dog (PDD) and Dangerous Dog (DD) hearings and services. Any euthanasia required by the PDD and DD programs will be paid for by the dog owner. 21 PROFESSIONAL SERVICES AGREEMENT - 9 - Rev. 3/2017 1% CITY OF CITY HALL Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederaiway cam (9) The Municipality Animal Control officers will completely and accurately perform the data input required for shelter admission as well as scan each animal for microchips. During shelter business hours, the Society employees will administer vaccines. After shelter business hours, officers must administer vaccines provided by the Society to animals dropped off at the shelter as required by shelter admissions policy, with the exception of when Municipality Animal Control officers have an emergency situation or the animal's behavior is dangerous, provided the officer notes the exception in the intake form. In these circumstances, every attempt will be made to leave these animals in night hold and ensure they do not enter the general population. The Society will provide the necessary training for the vaccinations and computer intake requirements. (10) To hold the Society harmless from any damages, attorneys' fees, or costs incurred by the Society, as a result of litigation which (a) names the Society and (b) involves a local ordinance that is declared illegal or unenforceable and upon which the Society relied in the performance of its obligations under this agreement. MUTUAL COVENANTS AND UNDERSTANDINGS — both parties hereto agree to the following conditions: (1) All persons employed by the Society to perform its obligations under this contract shall be employees of the Society and not of the Municipality. (2) Either party can terminate this contract, during the contract period, upon 180 days' written notice; Provided that either party may terminate this upon 60 days' written notice for breach of any material clause herein. To facilitate timely renewal or termination, the parties agree to commence negotiations for the 2021-2022 contract by June 1, 2020, and to gather and provide to each other all pertinent data reasonably necessary to meaningfully negotiate. (3) If the contract is not renewed by the end of the contract period, this contract will terminate on its expiration date. (4) The Municipality and the Society will schedule and attend quarterly operational meetings. (5) Modification. This instrument constitutes the entire Agreement between the parties and supersedes all prior agreements. No modification or amendment shall be valid unless evidenced in writing, properly agreed to and signed by both parties. In the event either party shall desire to renegotiate any provision of the agreement, the party shall notify the other party in writing identifying the provision or provisions to be renegotiated, the requested changes, and shall state the reasons for the request. The party receiving the request shall respond in writing on or before the end of the 90 -day period. (6) Notices. All notices, requests, demands and other communications required by this Agreement shall be in writing and, except as expressly provided elsewhere in this Agreement, shall be deemed to have been given at the time of delivery if personally delivered or at the time of mailing if mailed by first class, postage pre -paid and addressed to the party at its address as stated in this Agreement or at such address as any party may designate at any time in writing. Notice of Monthly Billing and Licenses issued shall be e-mailed to: ATTN: Casey Jones Casey. jones(a cityoffederalway.com CC: Suzanne Mortell Suzanne.Mortell(o)CityofFederalWay.com 22 PROFESSIONAL SERVICES AGREEMENT _10- Rev. 3/2017 CITY OF CITY HALL '`... Fe d e ra I Vi/ay 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www ci"ffederalway com Notice to Municipality shall be sent to: City of Federal Way Mayor's Office 33325 8t' Ave S. Federal Way, WA 98003 Notice to the Society shall be sent to: The Humane Society for Tacoma and Pierce County Attn: Stuart Earley, CEO 2608 Center Street Tacoma, WA 98409 (7) Litigation Costs and Fees. Before entering into litigation, the parties should attempt to resolve differences through dispute -resolution, mediation, arbitration, or other such services. In the event of litigation concerning the terms of or performance under this Agreement, the prevailing party, in addition to costs, shall be entitled to reasonable attorney's fees as determined by the court. (8) Benefits. This Agreement is entered into for the benefit of the parties to this Agreement only and shall confer no benefits, direct or implied, on any third persons. 23 PROFESSIONAL SERVICES AGREEMENT - I I - Rev. 3/2017 C17r of CITY HALL Federal Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www atyoffederahvay corn EXHIBIT B COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to exceed $60,000.00 (plus $25.00 per day for animals kept over three days) in 2019 and $76,200.00 (plus $25.75 per day for animals kept over three days) for 2020. 2. Method of Compensation: The City shall pay the Contractor a fixed rate of $5000 per month ($60,000 per year) plus $25.00 per day for each animal kept over three days in 2019. The City shall pay the Contractor a fixed rate of $6350 per month ($76,200.00 per year) plus $25.75 per day for each animal kept over three days in 2020. 3. In consideration of the Shelter performing the services contemplated by this Agreement, the Municipality agrees to pay a flat rate based on the per -animal rates identified in Table A for up to 515 animals per year. (A) From February 1, 2019 to December 31, 2019, the Municipality agrees to pay the Society monthly installments of $5,000.00 due by the 10th of the following month. (B) From January 1, 2020, the City agrees to pay the Society monthly installments of $6,350 due by the 10th of the following month. (C) Any payment over 60 days late will be charged a 1 % penalty. 24 PROFESSIONAL SERVICES AGREEMENT -12- Rev. 3/2017 SUBJECT: JAIL SERVICES CONTRACT — YAKIMA COUNTY JAIL POLICY QUESTION: Should the Federal Way Police Department enter into a contract with the Yakima County Jail for jail services at the cost of approximately $800,000 annually? COMMITTEE: Parks, Recreation, Human Services, and Public Safety MEETING DATE: Apri19, 2019 Council Committee — (PRHS&PSC) CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Kurt Schwan, Professional Standards Commander DEPT: Police Attachments: 1. Staff Report 2. Yakima County Jail Contract Options Considered: 1. Approve the execution of this contract 2. Do nota rove this contract ................._.............................................._.............pp......_............................................................................................................................................_...................................................................................................._........_._......................_.....................__._.._............._.._._.............._._.......__..._........... _........................ MAYOR'S RECOMMENDATION: 1. Approve the execution of this contract MAYOR APPROVAL:h��DIRECTOR APPROVAL: —3006 ommit Coun I Initial/Date Initial/Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward the Jail Services Contract with the Yakima County Jail to the April 16, 2019, Council consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Jail Services Contract with the Yakima County Jail and authorize the Mayor to sign said agreement ". (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/2017 RESOLUTION # 25 CITY OF FEDERAL WAY MEMORANDUM DATE: April 9, 2019 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Jail Services Contract — Yakima County Jail Financial Impacts: By withdrawing from SCORE and utilizing other jail facilities, the projected annual jail services expenditures would be $4,330,300. This would be an annual savings over SCORE/KC Jail contracts of $2,085,672. The Yakima County Jail is one of the jail services providers to be utilized in order to achieve the above stated savings. The projected annual cost to utilize the Yakima County Jail would be $800,000. Backeround Information: In 2009, SCORE was established to serve the seven Owner Cities, with a goal of providing consolidated correctional services at a lower total cost to the participating Owner Cities. In the case of Federal Way, there has been a significant jail cost increase in the seven years we have been an Owner City, creating a financial burden that is unsustainable. In 2012, Federal Way's total jail budget was $2,305,280, a 17% M&O obligation (based on 60 ADP). In 2018, the SCORE jail budget swelled to $6,293,163, a 30.23% M&O obligation (80 ADP). (The 2018 total jail budget is $6,415,972, which includes other jail expenses outside of SCORE.) The steady incremental increase for the past seven years, totaling 20 more ADP, has increased our SCORE budget by $3,987,883 — this reflects an increase of 173% since the inception of our participation. The SCORE Financial Alternatives Study Subcommittee was created to research financial alternatives for Owner Cities. At this time, no feasible alternative option exists or has been presented for Owner Cities to remedy the unsustainable financial obligation for the City of Federal Way. The following are all of the projected annual on-going jail services expenditures utilizing jail facilities other than SCORE; 26 Rev. 7/18 Average Daily Maintenance (+ booking fees) at 70 ADP $2,395,300 SCORE debt service $935,000 Infirmary / Mental Health Detention $275,000 Medical $150,000 Work Release/EHM/Probation $100,000 Four (4) FTEs (salary & benefits) $460,000 M&O for jail transport vehicle $15,000 Total annual projected Jail Operations Expenditure $4,330,300 Current 2018 SCORE/KC jail budget $6,415,972 Annual savings over current SCORE/KC Jail contracts $2,085,672 On September 4, 2018, Federal Way City Council unanimously passed a resolution authorizing the withdrawal from the SCORE Inter -local Agreement. The Yakima County Jail has been identified as one of the jail services providers to be utilized in order achieve the above stated savings. The projected annual cost to utilize the Yakima County Jail would be $800,000. 27 Rev. 7/18 AGREEMENT FOR INMATE HOUSING 2019 THIS INTERLOCAL AGREEMENT FOR INMATE HOUSING (hereinafter "Agreement") is made and entered into by and between Yakima County (hereinafter the "County") and the City of Federal Way (hereinafter the "'City). WHEREAS, RCW Chapters 39.34 and RCW 70.48 authorize the City and the County to enter into a contract for inmate housing, and WHEREAS, the City desires to transfer custody of certain of its inmates to the County to be housed in the County's corrections facilities during those inmates' confinement, and to compensate the County for housing such inmates, and WHEREAS, the County desires to house inmates who would be otherwise in the City's custody on the terms agreed herein. NOW, THEREFORE, in consideration of the mutual covenants, conditions, and promises contained herein, the parties hereto mutually agree as follows: 1. Purpose. The purpose and intent of this Agreement is to establish the terms under which the County will house City inmates. 2. Definitions. Business day means Monday through Friday excluding Yakima County standard holidays. Committing Court means the court that issued the order or sentence that established the City's custody of a City Inmate. Detainer — A legal order authorizing or commanding another agency a right to take custody of a person. City Inmate means a person subject to City custody who is transferred to County custody under this Agreement 3. General Provisions. The County shall accept City Inmates according to the terms of this Agreement and shall provide housing, care, and custody of those City Inmates in the same manner as it provides housing, care and custody to its own inmates. The County shall manage, maintain, and operate its corrections facilities in compliance with all applicable federal, state, and local laws and regulations. 4. Right to Refuse or Return Inmate. To the greatest extent permitted by law, the County shall have the right to refuse to accept a City Inmate or to return a City Inmate to the City, if the Inmate has a current illness or injury that is listed in Attachment A - Medical Acceptability. The County shall provide notice to the City at least one business day prior to transport. S. Inmate Transport. County Transported: The County shall transport Inmates to and from the County's corrections facilities except when weather or other conditions beyond the County's control prevent transport. Inmate transport dates will be determined by the amount of inmates the City has housed with the County. 28 Agreement for Inmate Housing -- 2019 Page 1 The County will pick up and drop off Inmates at a mutually agreed upon destination. In the event the City wishes the County to pick up and/or drop off a City Inmate at another detention or correction facility, the City shall notify the County of the location of the Inmate for pick up and/or drop off. The City shall provide a written inmate transport list to the County the business day prior to transport. At the time of scheduling transport if possible, but no later than transport pickup, the City shall provide to the County the warrant or court order detaining or committing the Inmate, as well as any order that specifies the Inmate's next court date or sentence to confinement. The City shall provide a complete copy of each Inmate's records in its possession to the County prior to transferring custody of the Inmate to the County. The County will not assume custody of any inmate without a warrant or court order that commits the Inmate to confinement. City Transaorted. The City will provide the County a written transport list to the County the business day prior to delivery. At the time of delivery, the City shall provide the County the warrant or court order detaining or committing the inmate as well as any order that specifies the Inmate's next court date or sentence to confinement. The City shall provide a complete copy of each Inmate's records in its possession to the County prior to transferring custody of the Inmate to the County. The County will not assume custody of any inmate without a warrant or court order that commits the Inmate to confinement. 6. Inmate Records. The City shall provide all medical records in its possession to the County's transport officers prior to the Inmate's departure from the City's detention or designated detention facility. In the event the Inmate is transported by the City, the City shall provide all medical records in its possession to the County's booking officer. In the event additional information is requested by the County regarding a particular Inmate, the County and City will mutually cooperate to provide the additional information needed. 7. Inmate Property. The County shall accept and transport Inmate property in accordance with Attachment B — Property, and shall be responsible only for inmate property actually delivered into County possession. The County shall hold and handle each Inmate's personal property in the same manner it holds and handles property of other County inmates. In the event a City Inmate is being transported from a City designated detention or correction facility, it will be the responsibility of the City to dispose of the Inmate's property not delivered and accepted into County possession. When returning Inmates to the City, the County shall transport Inmate property according to the provisions of Attachment B — Property, and it shall be the responsibility of the County to dispose of any of the Inmate's property not transported with the Inmate. 8. Booking. Inmates shall be booked pursuant to the County's booking policies and procedures. Inmates transported by the City that are not acceptable at booking, will be the responsibility of the City to transport back to City. Pursuant to RCW 70.48.130, and as part of the booking procedure, the Department of Corrections shall obtain general information concerning the Inmate's ability to pay for medical care, including insurance or other medical benefits or resources to which a City Inmate is entitled. The information is to be used for third parry billing. The County and City will attempt to develop a process at City detention facilities for pre -booking Inmates who are being transferred to the custody of the County. 29 Agreement for Inmate Housing -- 2019 Paae 2 9. Classification. Inmates shall be classified pursuant to the County's classification policies and procedures, and within the sole discretion and judgment of the County. The City shall provide information identified in Attachment C — Classification, of this Agreement. 10. Housing. Inmates shall be assigned to housing pursuant to the County's policies and procedures, and within the sole discretion and judgment of the County. Provided however, that generally, if a City Inmate's classification qualifies him/her to be housed in the Yakima County Corrections Center, and there is a bed available at the Yakima County Corrections Center, the Inmate shall be housed in the Yakima County Corrections Center. Exceptions to this general provision include circumstances such as: 1) No women are housed at the Yakima County Corrections Center; 2) Inmates assigned to certain work crews must be housed in the Main Jail or Annex; 3) Certain programs are available only to Inmates housed in the Main Jail or Annex; 4) Inmates who will be housed for less than one week will usually be housed in the Main Jail or Annex. 11. Inmate Work Programs. The County may assign Inmates to work programs such as inside and outside work crews, kitchen and facility duties, and other appropriate duties. 12. Health Care. The County shall provide in -facility medical care commonly associated with county corrections operations as guided by American Correctional Association or National Commission on Correctional Health Care standards. Inmates shall be responsible for co -payment for health services according to County policy. The City shall not be responsible to the County for Inmate co -payments. No Inmate shall be denied necessary health care because of an inability to pay for health services. The County shall notify the City's designee(s) viae -mail or fax if a City Inmate requires medical or dental treatment at an outside medical or health care facility. The City shall be responsible to promptly notify the County of any changes in its designee(s). The City shall pay for all medical, mental health, dental or any other medical services that are required to care for the City's Inmates outside YCDOC facilities. Except, the County shall bear the expense of any such medical care necessitated by improper conduct of the County, or of its officers or agents. The County shall notify the City as soon as reasonably possible before the Inmate receives medical and/or dental treatment outside of YCDOC facilities. The City acknowledges that such notice may not be reasonably possible prior to emergency care. Lack of prior notice shall not excuse the City from financial responsibility for related medical expenses and shall not be a basis for imposing financial responsibility for related medical expenses on the County. Outside medical expenses for Inmates housed for more than one jurisdiction shall be divided equally among those jurisdictions. 13. Inmate Discipline. The County shall discipline Inmates according to the same policies and procedures under which other County inmates are disciplined. However, nothing contained herein shall be construed to authorize the imposition of a type of discipline that would not be imposed on a comparable County inmate, up to and including the removal of earned early release credits as approved by the City. 14. Removal from County Facilities. Except for work programs or health care, and during emergencies, Inmates shall not be removed from County facilities without written authorization from the City or by the order of any court having jurisdiction. Other jurisdictions 30 Agreement for Inmate Housing -- 2019 Page 3 may 'borrow" a City Inmate only according to the provisions of Attachment D — Borrowing. In the event of the Inmate's emergency removal, the County shall notify the City by email or fax as soon as reasonably possible. No early release or alternative to incarceration, including furloughs, home detention, or work release shall be granted to any Inmate without written authorization by the committing court. 15. Visitation. The County shall provide scheduled visitation for attorneys, spouses, family and friends of Inmates. Such visitation may be accomplished as provided in Section 24 of this Agreement. 16. Inmate -Attorney Communication. Confidential telephones or visitation rooms shall be available to inmates to communicate with their attorneys. 17. Inmate Accounts. The County shall establish and maintain an account for each Inmate. The County shall ensure family members and others have a reasonable process to add funds to a City Inmate's account, Upon returning custody of a City Inmate to the City, the County shall transfer the balance of that Inmate's account that is not subject to charges, to the Inmate or to the City in the form of a check or a debit card in the name of the Inmate. In the event the County contracts with a company/business that furnishes technology for wireless inmate account crediting (such as Keefee or ]PAY) the City may allow the County (or County's contracted representative) to install the equipment necessary for use of the system. The City shall not be financially responsible for any aspect of the system, including but not limited to installation or maintenance costs. The City shall not receive any compensation or profits for such a system. 18. Detainers. Inmates in a "Detainer" status shall be handled according to Attachment E — Detainers. 19. Releases. The City shall be responsible for computing and tracking all sentence time calculations, good time, court dates and release dates. Inmates will be released in accordance with Attachment F — Inmate Release. The County shall not transfer custody of a City Inmate housed .pursuant to this Agreement to any party other than the City, except as provided in this Agreement or as directed by the City. 20. Escape. If a City Inmate escapes County custody, the County shall notify the City as soon as reasonably possible. The County shall use all reasonable efforts to pursue and regain custody of escaped City Inmates and shall assume all costs connected with the recapture of the City Inmate. 21. Death. If a City Inmate dies in County custody, the County shall notify the City as soon as reasonably possible. The Yakima County Coroner shall assume custody of the City Inmate's body. Unless another agency becomes responsible for investigation, YCDOC shall investigate and shall provide the City with a report of its investigation. The City may participate in the investigation. If another agency becomes responsible for investigation, YCDOC shall liaison or otherwise facilitate the City's communication with and receipt of reports from the other agency. The City shall provide the County with written instructions regarding the disposition of the City Inmate's body. The City shall pay for all reasonable expenses for the preparation and shipment of the body. The City may request in writing that the County arrange for burial and all matters related or incidental thereto and the City shall be responsible for all costs associate with this 31 Agreement for Inmate Housing -- 2019 Page 4 request. Except, the County shall bear such expenses necessitated by improper conduct of County, or its officers or agents. 22. Reporting Requirements. Ordinarily on business days, the County will deliver the following reports to the JAG, which will disseminate them to the City: Here Now Report - a report detailing City inmates in YCDOC custody. Housing Report — a report detailing which city inmates are housed at the Yakima County Corrections Center. Custody Report — a report of total inmate populations confined at all YCDOC facilities. It includes current and historical safety and population data. Special Housing Report — Identifies city inmates who are in special housing assignments. 23. City's Right of Inspection. The City shall have the right, upon reasonable advance notice, to inspect County correction facilities where City Inmates are housed at reasonable times. During such inspections, the City may interview its Inmates and review its Inmates' records. The City shall have no right to interview inmates housed for other jurisdictions or to review their medical records, unless it is properly authorized to do so by the inmate or the other jurisdiction. 24. Technology. The County and City may each permit the other continuous access to its computer database regarding all City Inmates housed by the County. This continuous access feature may be accomplished through a computer link between a computer(s) designated by the City and appropriate computer(s) of the County. By separate mutual agreement, the County and City may provide video conference capabilities for personal visiting, professional visiting, pre-trial conferences, arraignments and other court and conferencing needs. Bed Rate. In consideration of Yakima County's commitment to house City Inmates, the City shall pay the County based on the Monthly Average Daily Population (MADP) sliding scale. This scale does not include those inmates with serious medical, mental health or behavioral conditions as determined by the County. Inmates whose mental health, behavioral or medical conditions require special housing or treatment will be housed at a rate of $98.35. All other inmates will be housed based on the (MADP): Monthly Average Daily Population (MADP) Daily Rate Per Inmate 151- above $57.65 126-150 $58.65 101-125 $59.65 76-100 $60.65 51-75 $61.65 26-50 $62.65 0-25 $63.65 32 Agreement for Inmate Housing -- 2019 Page 5 The Bed Rate includes all in -facility medical, dental (if available), and mental health services. In the event an inmate requires out of facility medical, dental or mental health services, the City shall be responsible for the cost of the services. The County shall not charge a booking fee in connection with housing the City's Inmates. The City may purchase additional beds, as available, at the then- existing bed rate; however, the County shall have the right to refuse to accept custody of or house inmates in excess of the City's minimum bed commitment. The Daily Fee for inmates housed for more than one jurisdiction shall be divided equally among those jurisdictions. This daily rate is established for 2018. Yakima County reserves the right to increase the daily rate with the understanding that they will provide the City of Federal Way ninety (90) days written notification prior to said increase. 25. Billing and Payment. The County shall provide the City with monthly statements itemizing the name of each City Inmate, the number of days of housing, including the date and time booked into the County and date and time released from the County and itemization of any additional charges including a description of the service provided, date provided and reason for service. The County shall provide said statement for each month on or about the 10th day of the following month. Payment shall be due to the County within (30) days from the billing date. The County may bill the City electronically. Payments not received by the 30th day shall bear interest at the rate of 1% per month until payment is received. The Daily Fee for City Inmates housed for more than one jurisdiction shall be divided equally among those jurisdictions. 26. Duration of Agreement. This agreement will renew annually for up to five (5) years (December 31, 2024) unless there is written notification from one party to the other that they wish to terminate the contract at the end of the current calendar year. Such notification will be sent to the receiving party no later than October 1St of the current year. 27. Independent Contractor. In providing services under this Agreement, the County is an independent contractor and neither it nor its officers, nor its agents nor its employees are employees of the City for any purpose, including responsibility for any federal or state tax, industrial insurance, or Social Security liability. Neither shall the provision of services under this Agreement give rise to any claim of career service or civil service rights, which may accrue to an employee of the City under any applicable law, rule or regulation. Nothing in this Agreement is intended to create an interest in or give a benefit to third persons not signing as a party to this Agreement. 28. Hold Harmless, Defense, and Indemnification. The County shall hold harmless, defend, and indemnify the City, its elected officials, officers, employees, and agents from and against any and all suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees) (also including but not limited to claims related to false arrest or detention, alleged mistreatment, injury, or death of any City Inmate, or loss or damage to City Inmate property while in County custody) that result from or arise out of the acts or omissions of County, its elected officials, officers, employees, and agents in connection with or 33 Agreement for Inmate Housing -- 2019 Page 6 incidental to the performance or non-performance of the County's services, duties, and obligations under this Agreement. The City shall hold harmless, defend, and indemnify the County, its elected officials, officers, employees, and agents from and against any and all suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees) (also including but not limited to claims related to false arrest or detention, alleged mistreatment, injury, or death of any City Inmate, or loss or damage to City Inmate property while in County custody) that result from or arise out of the acts or omissions of the City, its elected officials, officers, employees, and agents in connection with or incidental to the performance or non-performance of the City's services, duties, and obligations under this Agreement. In the event the acts or omissions of the officials, officers, agents, and/or employees of both the City and the County in connection with or incidental to the performance or non-performance of the City's and or County's services, duties, and obligations under this Agreement are the subject of any liability claims by a third party, the City and County shall each be liable for its proportionate share of fault in any resulting suits, actions, claims, liability, damages, judgments, costs and expenses and for their own attorney's fees. Nothing contained in this Section or this Agreement shall be construed to create a right in any third party to indemnification or defense. The County and City hereby waive, as to each other only, their immunity from suit under industrial insurance, Title 51 RCW. This waiver of immunity was mutually negotiated by the parties hereto. The provisions of this section shall survive any termination or expiration of this Agreement. 29. Insurance. The County and City shall provide each other with evidence of insurance coverage, in the form of a certificate or other competent evidence from an insurance provider, insurance pool, or of self-insurance sufficient to satisfy the obligations set forth in this Agreement. The County and City shall each maintain throughout the term of this Agreement coverage in minimum liability limits of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) in the aggregate for its liability exposures, including comprehensive general liability, errors and omissions, auto liability and police professional liability. The insurance policy shall provide coverage on an occurrence basis. 30. Termination. A. Mutual Agreement: This Agreement may be terminated by mutual written consent between the County and City with ninety (90) days written notice to the other party and to the State Office of Financial Management as required by RCW 70.48.090 stating the grounds for said termination and specifying plans for accommodating the affected City Inmates. B. Imperiling Conditions: The City shall have the right to terminate this Agreement where: 1) conditions and/or circumstances at Yakima's facilities present an imminent risk of serious injury or death to the City's Inmates [Imperiling Conditions]; 2) the City has sent County written notice by certified mail, return receipt requested describing with reasonable specificity the Imperiling Conditions; and 3) the County has failed to cure the Imperiling Conditions within a reasonable period of time, which, unless the parties agree in writing to a longer period, shall be no more than 30 days after the County receives the City's notice. Termination under this 34 Agreement for Inmate Housing -- 2019 Page 7 provision shall be effective if and when: 1) after at least 30 days, the County has not cured the Imperiling Condition(s); and 2) the City has removed its Inmates; and 3) the City has given the County formal written notice of final termination under this provision. After Termination under this provision the City shall have no further financial obligations under this Agreement. C. Material Breach: Either party shall have the right to terminate this Agreement if: 1) the other party is in material breach of any term of this Agreement; 2) the terminating party has sent the breaching party written notice of its intent to terminate this Agreement under this section by certified mail, return receipt requested describing with reasonable specificity the basis for the termination; and 3) the breaching party has failed to cure the breach within ninety (90) days, unless the parties agree in writing to a longer cure period. Termination shall be effective upon and the City shall have no further financial obligations under this Agreement from the date of removal of its Inmates from the Yakima Facility or County's receipt of final notice that City is terminating the Agreement after the expiration of the cure period, whichever occurs last. 31. Real or Personal Property. It is not anticipated that any real or personal property will be acquired or purchased by the parties solely because of this Agreement. 32. Equal Opportunity. Neither party shall discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, age, marital status, political affiliation or belief or the presence of any sensory, mental or physical handicap in violation of any applicable federal law, Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans with Disabilities Act (42 USC 12110 et seq.). In the event of the violation of this provision, the other party may terminate this Agreement immediately. 33. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by the County to any other person or entity without the prior written consent of the City. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of County stated herein. 34. Non -Waiver. The failure of either party to insist upon strict performance of any provision of this Agreement or to exercise any right based upon a breach thereof or the acceptance of any performance during such breach shall not constitute a waiver of any right under this Agreement. 35. Severability. If any portion of this Agreement is changed per mutual Agreement or any portion is held invalid, the remainder of the Agreement shall remain in full force and effect. 36. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Any actions, suit, or judicial or administrative proceeding for the enforcement of this Agreement shall be brought and tried in the Federal or Superior Court for the State of Washington in King County 37. Approval and Filing. Each party shall approve this Agreement by resolution, ordinance or otherwise pursuant to the laws of the governing body of each party. The attested signatures of the City, Manager or Mayor and the Yakima County Commissioners below shall constitute a presumption that such approval was properly obtained. A copy of this Agreement shall be filed with the Yakima County Auditor's Office pursuant to RCW 39.34.040. 35 Agreement for Inmate Housing -- 2019 Page 8 38. General Provisions. Unless otherwise agreed in writing executed by both parties, on and after January 1, 2019, and so long as this Agreement remains in effect, this document constitutes the entire Agreement between the City and the County under which the County houses City Inmates, and no other oral or written agreements between the parties shall affect this Agreement. No changes or additions to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. The County shall not delegate its duties pertaining to housing City Inmates without the written consent of the City, which consent shall not be withheld unreasonably. Any provision of this Agreement that is declared invalid or illegal shall in no way affect or invalidate any other provision. In the event the County or City defaults on the performance of any terms of this Agreement and files a lawsuit, the prevailing party shall be entitled to an award of its reasonable attorney fees, costs and expenses. This Agreement may be executed in any number of counterparts. 39. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand -delivered to the parties to their addresses as follows: TO CITY: Commander Kurt Schwan Federal Way Police Department 33325 8th Ave. S Federal Way, WA 98003 TO COUNTY: Ed Campbell, Director Yakima County Department of Corrections 111 North Front Street Yakima, WA 98901 Alternatively, to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid, or hand - delivered. Such notices shall be deemed effective when mailed or hand -delivered at the addresses sbecined above. CITY OF FEDERAL WAY, WASHINGTON By: City Mayor/City Manager Date: Attest: By: City Clerk 36 Agreement for Inmate Housing -- 2019 Page 9 Approved as to form: By: City Attorney 37 Agreement for Inmate Housing -- 2019 Page 10 ATTACHMENT A MEDICAL ACCEPTABILITY The County shall determine the medical and mental acceptability of inmates for transport using the following excluding criteria: 1. Blood or fluid present at an open wound site or bleeding from an open wound. 2. Signs of untreated broken bones or dislocated joints. 3. Any injury or illness requiring immediate or emergency medical treatment. 4. Unconsciousness. 5. Inmates unable to stand and walk under their own power. 6. Wheel chair bound individuals. 7. Signs of alcohol toxicity and signs of current or recent use of any intoxicants. 8. Signs of alcohol and/or drug withdrawal. 9. Bed bound individuals. 10. Individuals with attached IV or requiring IV medications. 11. Individuals requiring the use of oxygen tanks. 12. AMA (Against Medical Advice) from the hospital. 13. Individuals having had major invasive surgery within the last 72 hours. Non-invasive surgery such as oral surgery, laser -eye surgery and minor surgery may be evaluated on a case by case basis. 14. Post-operative persons who have follow up appointments within the next four weeks. 15. Wounds with drainage tubes attached. 16. Persons with permanent catheters. 17. Open and/or oozing bedsores. 18. Individuals requiring nebulizers who cannot obtain one. 19. Persons with Alzheimer's, dementia or other psychological conditions to the point where the inmate cannot perform activities of daily living ("ADL's'� or who do not have the capacity to function safely within a correctional environment. 20. Persons who are diagnosed as developmentally delayed and who do not have the capacity to function safely within a correctional environment or who cannot perform ADL's. 21. Female inmates more than 5 months pregnant. Or any female inmate considered a high- risk pregnancy. 22. Persons undergoing chemotherapy and/or radiation treatment. 23. Persons undergoing dialysis. 38 Agreement for Inmate Housing -- 2019 Page 11 24. Persons with the following untreated medical conditions: a) Heart disease b) Seizures disorders c) Insulin dependent diabetes d) Cancer e) Asthma f) Psychosis g) HIV Positive or AIDS 25. Persons who are HIV positive or have AIDS and are taking anti-viral medications. 26. Persons taking Methadone, or Suboxone, a substitute for Methadone. 27. Persons with suicidal ideations or gestures within the past 72 hours. 28. Person, if prescribed, have not taken psychotropic medications for at least 72 hours. 29. Persons who have attempted suicide within the last 30 days. 30. Persons who have attempted suicide by overdose or ligature strangulation during current incarceration. 31. Persons displaying current psychotic episode. 32. Persons requiring CPAP machines as prescribed must be transported with the machine. 39 Agreement for Inmate Housing -- 2019 Page 12 ATTACHMENT B PROPERTY County transport personnel will only accept Inmate property as follows: 1. The property shall be sealed in a single property bag no larger than a common paper grocery bag. 2. Money, valuables, and medications shall be placed in a clear envelope and sealed within the Inmate's property bag. 3. Checks and documents (court, warrants, etc) shall be attached to the outside of the property bag. 4. The transporting officer shall account for the property bag and funds being transported. Yakima County Department of Corrections transport personnel will not accept or transport the following: a) Backpacks, suitcases, etc. b) Unpackaged food products or food products in packaging that has been opened. c) Any type of weapon (includes pocketknives). d) Liquids. e) Any items that will not fit into the property bag. f) Material deemed to be contraband. Yakima County will limit property returned with the Inmate to the City according to these criteria. 40 Agreement for Inmate Housing -- 2019 Paae 13 ATTACHMENT C CLASSIFICATION The City shall supply the County with the following Classification related information, if it known to or in possession of the City: 1. If the City Inmate has been classified to a special housing unit and/or if the City Inmate has been classified as protective custody. 2. If the City Inmate is a violent offender or has displayed violent behavior during present or past incarcerations. 3. If the City Inmate is an escape risk. 41 Agreement for Inmate Housing -- 2019 Page 14 ATTACHMENT D BORROWING One contracting city may "borrow" another contracting city's inmate as follows: 1. If a City requests the transport of another contracting City's Inmate from the County the requesting City must notify each agency with rights to custody of the Inmate, and if each agency with rights to custody of the Inmate notifies the County in writing (e-mail) of its approval, the County shall provide the requested transport. The County will complete a custody transfer form that lists all outstanding detainers. The custody transfer paperwork will accompany the inmate. 2. Once custody of the City Inmate has been transferred to another agency, it is the responsibility of the requesting City to determine whether the City Inmate shall be returned to the custody of the County, and if so, the requesting City shall make all necessary and proper arrangements with the County and any agency withrights to custody of the Inmate, for the Inmate's return according to the terms of this agreement. 3. The County will not track the City Inmate once he or she has left the County's facility. 4. If the Inmate is returned to the custody of the County, the requesting City shall provide the County with sentencing/charge information. The City shall supply all pre -sentence, and post -sentence paperwork from agreeing agencies that authorized the borrowing of the Inmate. This will aid Yakima County in determining split billing and release dates. 5. If the agency requesting to borrow a City Inmate is not in the "Contracting Agency," the requesting agency will be responsible to make all transport arrangements including all legal paperwork for the transport with the City of jurisdiction. 6. The County will transport the City Inmate only to a King County city that also contracts with the County for Inmate housing. 7. Inmates transported by the City, cannot be borrowed out of YCDOC. 42 Agreement for Inmate Housing -- 2019 Page 15 ATTACHMENT E This attachment only applies to Inmates transported by the YCDOC. WARRANTS/OTHER COURT ORDERS/DETAINERS 1. The following shall apply to City Inmates who are subject to warrants from other jurisdictions or to other court orders for confinement or detainers. When receiving a City Inmate, the Transport Officers shall review all paperwork provided by the City for all grounds to hold the Inmate and ensure that this information is entered into the County's IMS and is routed to the Out of County Transport Section Office Specialist. 2. Prior to releasing a City Inmate, the County shall check the NCIC and WACIC systems to determine if the Inmate is subject to any valid warrants or other detainers. a) If the Inmate is subject to a warrant that is limited to King County, YCDOC will, upon receiving written permission (e mail) from the City, transport the Inmate to the custodial agency for the jurisdiction that issued the warrant. However, Yakima County will not assume responsibility to serve any such warrants. b) If the City Inmate is subject to a warrant from a western Washington jurisdiction outside King County, YCDOC will release the Inmate at the location determined by written (e mail) agreement of the YCDOC and the City under Section 5 of this Agreement. c) If the City Inmate is subject to a warrant from an eastern Washington jurisdiction, YCDOC will send the Inmate to the custodial agency for that jurisdiction on the Mini -Chain. d) If, upon return from YCDOC to the City, the Inmate is subject to a warrant that provides for statewide extradition, YCDOC will either transport the Inmate to the detention/correction facility in King County designated by the agency/jurisdiction that issued the warrant if it is in King County, or will send the Inmate to the agency/jurisdiction that issued the warrant on the Mini -Chain. 3. City Inmates who have or are subject to Immigration and Custom Enforcement (ICE) detainers shall be returned to the City, unless the County and City agree in writing (email) to some other course of action. Agreement for Inmate Housing -- 2019 Page 16 ATTACHMENT F INMATE RELEASE County transport personnel will release City Inmates as follows: 1. Inside a staffed correction or detention facility (jail). 2. Inside a staffed police agency (sally port or other secured area). 3. Outside of a Law Enforcement Agency when agency personnel, telephone access, and weather protection (lobby areas) are available to the released Inmate. 4. The County does not transport on Mondays. 5. City Inmates for whom bail is posted, or who otherwise have a right to be released may, by signed written waiver, choose to remain in custody and return to City by the regularly scheduled transport, or to be released to a family member or friend, or to the streets of Yakima. 6. Inmates transported by City must be picked up at least 12 -(twelve) hours prior to the inmate's scheduled release date and time. If the inmate is not picked up before the scheduled release time, the Inmate will be automatically scheduled to be transported, at the City's cost to include the addition of transport fees for all days served, on the next available transport to the City. 44 Agreement for Inmate Housing -- 2019 Page 17 SUBJECT: JAIL SERVICES CONTRACT — ISSAQUAH CITY JAIL POLICY QUESTION: Should the Federal Way Police Department enter into a contract with the Issaquah City Jail for jail services at the cost of approximately $200,000 annually? COMMITTEE: Parks, Recreation, Human Services, and Public Safety MEETING DATE: April 9, 2019 Council Committee — (PRHS&PSC) CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Kurt Schwan, Professional Standards Commander DEPT: Police ............. ............................ ................... .................. _......................................................_......................................................................... ............... ....... ............................................................................................. ........._...... .............. .............. ........................ ...._.................. Attachments: 1. Staff Report 2. Issaquah City Jail Contract Options Considered: 1. Approve the execution of this contract 2. Do not approve this contract........._._......_._._._............_...................................._._... ...........................................................I........................................................................................................................................................................................................................................................................................_..._.................._. _._. MAYOR'S RECOMMENDATION: 1. Approve the execution of this contract MAYOR APPROVAL: DIRECTOR APPROVAL: �/ 9 • C mute unci) Initial/Date Initial/Date Initial/Date COMMITTEE RECOMMENDATION: I move to forward the Jail Services Contract with the Issaquah City Jail to the April 16, 2019, Council consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Jail Services Contract with the Issaquah City Jail and authorize the Mayor to sign said agreement". (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 12/2017 RESOLUTION # 45 CITY OF FEDERAL WAY MEMORANDUM DATE: April 9, 2019 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Jail Services Contract — Issaquah City Jail Financial Impacts: By withdrawing from SCORE and utilizing other jail facilities, the projected annual jail services expenditures would be $4,330,300. This would be an annual savings over SCORE/KC Jail contracts of $2,085,672. The Issaquah City Jail is one of the jail services providers to be utilized in order to achieve the above stated savings. The projected annual cost to utilize the Issaquah City Jail would be $200,000. Backeround Information: In 2009, SCORE was established to serve the seven Owner Cities, with a goal of providing consolidated correctional services at a lower total cost to the participating Owner Cities. In the case of Federal Way, there has been a significant jail cost increase in the seven years we have been an Owner City, creating a financial burden that is unsustainable. In 2012, Federal Way's total -jail budget was $2,305,280, a 17% M&O obligation (based on 60 ADP). In 2018, the SCORE jail budget swelled to $6,293,163, a 30.23% M&O obligation (80 ADP). (The 2018 total jail budget is $6,415,972, which includes other jail expenses outside of SCORE.) The steady incremental increase for the past seven years, totaling 20 more ADP, has increased our SCORE budget by $3,987,883 — this reflects an increase of 173% since the inception of our participation. The SCORE Financial Alternatives Study Subcommittee was created to research financial alternatives for Owner Cities. At this time, no feasible alternative option exists or has been presented for Owner Cities to remedy the unsustainable financial obligation for the City of Federal Way. The following are all of the projected annual on-going jail services expenditures utilizing jail facilities other than SCORE; 46 Rev. 7/18 Average Daily Maintenance (+ booking fees) at 70 ADP $2,395,300 SCORE debt service $935,000 Infirmary / Mental Health Detention $275,000 Medical $150,000 Work Release/EHM/Probation $100,000 Four (4) FTEs (salary & benefits) $460,000 M&O for jail transport vehicle $15,000 Total annual projected Jail Operations Expenditure $4,330,300 Current 2018 SCORE/KC jail budget $6,415,972 Annual savings over current SCORE/KC Jail contracts $2,085,672 On September 4, 2018, Federal Way City Council unanimously passed a resolution authorizing the withdrawal from the SCORE Inter -local Agreement. The Issaquah City Jail has been identified as one of the jail services providers to be utilized in order to achieve the above stated savings. The projected annual cost to utilize the Issaquah City Jail would be $200,000. 47 Rev. 7/18 CITY OF ISSAQUAH AND CITY OF FEDERAL WAY MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is dated for reference purposes the 23rd day of December, 2019, or upon the first day of jail occupancy by the City of Federal Way, and is agreed to by and between the City of Federal Way; hereinafter referred to as "City," and the City of Issaquah; hereinafter referred to as "Issaquah". WHEREAS, Issaquah has a jail facility, with supporting personnel; and WHEREAS, the City has no jail facility for holding persons charged and/or convicted of violations of City ordinances; and WHEREAS, City is desirous of contracting with Issaquah in order to provide the City with needed jail services, and Issaquah is contracting with the City to provide said jail services; NOW, THEREFORE, the parties have entered into this agreement in order to provide needed jail services to the City, NOW, THEREFORE The City and Issaquah have entered into this agreement under the terms and conditions set forth herein. 1. Statement of Purpose. This agreement has been entered into in order to provide jail services to the City. 2. Obligations of City of Issaquah: 2.1 Services. Issaquah shall book and hold in the Issaquah jail facilities City prisoners charged and/or convicted of violation of City ordinances. Issaquah shall be responsible for the prisoner from the time the prisoner is screened and accepted into the Issaquah booking room until the prisoner is released to a City official or released in accordance with the instructions given to Issaquah by a City official or Court Order. 2.2 Minimum Beds Commitment. Issaquah shall provide a guaranteed minimum of five (5) daily jail beds for the City. 2.3 Displacement. Issaquah will notify the City of jail occupancy status when contacted by City prior to booking. Prisoner bed space is offered on an as available basis once the guaranteed beds are filled. 2.4 Price. Issaquah will bill the City the sum of $90.00 per day, per prisoner for booking and incarceration. 2.5 Billing. Issaquah shall submit to City a monthly accounting of prisoners booked and incarcerated in the previous month, along with an invoice for payment. 2.6 Indemnification to City. Issaquah agrees to defend, indemnify and hold the City harmless from any and all claims, lawsuits, or other legal actions and from all costs including reasonable attorney's fees which arise out of any alleged wrongful or negligent act or omission by any officer, agent, or employee of Issaquah occurring subsequent to any claimant's entry into {JEH1900762.DOC;1/00010.900000/ }Memorandum of Undf6standing City of Federal Way FINAL - Issaquah JailPage 1 of 4 the Issaquah booking room and during any claimant's incarceration in the Issaquah City Jail. In addition, Issaquah shall maintain a policy of liability insurance with limits of not less than $1,000,000, naming the City as an additional insured thereon, provided, that the City shall accept a certificate from the WCIA certifying that Issaquah is a member in good standing and has contractual indemnity coverage applicable to the requirements of this paragraph in fulfillment of insurance requirements. 2.7 Compliance with regulations. Issaquah shall maintain its jail facilities in compliance with all state and federal regulations. Issaquah shall supply the City with a copy of their jail regulations upon request. Issaquah is a PREA compliant facility. 2.8 Medical Expenses. Issaquah shall check with the designated official from the City, as soon as practical, before any non -routine medical or dental treatment is rendered beyond routine sick call. Issaquah shall be required to notify the City when determining the need for medication of any prisoner brought to Issaquah for incarceration under this agreement. 3. Obligations of the City of Federal Way: 3.1 Services: City shall be responsible for the prisoner until the prisoner is screened and accepted into the Issaquah Jail for booking. 3.2 Minimum Beds Commitment. City shall receive and pay for a guaranteed minimum of five (5) daily jail beds from Issaquah. 3.3 Displacement. City understands and agrees that prisoners committed to the Issaquah Jail facility, by the City, will be subject to being displaced at any time if Issaquah finds that it does not have adequate facilities to house prisoners beyond the minimum beds commitment stated in Section 3.2. 3.4 Price. City shall pay Issaquah the sum of $90.00 per day, per prisoner for booking and incarceration. 3.5 Billing. City shall promptly remit payment for said services. 3.6 Indemnification by City. The City agrees to defend, indemnify and hold Issaquah harmless from any and all claims, lawsuits, or other legal actions and from all costs including reasonable attorney's fees which arise out of any alleged wrongful arrest, false imprisonment, or other wrongful or negligent act or omission by any agent, officer or employee of the City. Issaquah acknowledges that the City maintains a fully funded Self - Insurance as defined in Federal Way Municipal Code Section 3.50.010 for the protection and handling of the City's liabilities, including injuries to persons and damage to property. The City agrees to maintain, through its Self -Insurance program or an alternative risk of loss financing program, coverage for all of its liability exposures, licensed property exposures, worker's compensation and employer's liability exposures, and any liability incurred as a result of this indemnity, for the duration of {JEH1900762.DOC;1/00010.900000/ }Memorandum of Unle6standing City of Federal Way FINAL - Issaquah JailPage 2 of 4 this Agreement. The City agrees to provide Issaquah with a letter confirming that the City maintains a Self -Insurance program as adequate proof of liability, property, worker's compensation, employer's liability coverage, and any liability incurred as a result of this indemnity. In the event that the City, after commencement of this Agreement, elects to terminate its self-insured status and secure liability coverage, the City will promptly notify Issaquah and provide a certificate of insurance with limits of not less than $1,000,000, from an insurer licensed to do business in the State of Washington. The City's insurance policy shall name Issaquah as an additional insured. If the City elects to provide coverage through membership in WCIA, Issaquah shall accept a certificate from WCIA certifying that the City is a member in good standing and has contracted indemnity coverage applicable to the requirements of this paragraph in fulfillment of insurance requirements. 3.7 Compliance with regulations. City agrees to comply with the Issaquah jail regulations relating to the booking, confinement and discharge of prisoners, provided that it is City's duty to be aware of all pertinent regulations and amendments thereto. 3.8 Medical Expenses. The City shall be solely responsible for any and all medical, dental or emergency care beyond routine sick call, inclusive of transportation, that must be provided to City prisoners housed in Issaquah facilities when a non -emergency condition exists. City shall provide Issaquah with any prescribed medication. If any renewal or additional medication is necessary, and the prisoner is unable to pay for the same, the City shall be responsible for that medication. 3.9 Prisoner Transportation. The City shall be solely responsible for any and all prisoner transportation needs to and from court appearances and/or other corrections facilities. Term: The term of this Agreement shall commence on the date first shown above. This agreement shall be of indefinite duration. Provided, however, either party may elect to terminate this Agreement by giving written notice of termination to the other party. Said termination shall be effective ninety (90) days from the date of receipt of said written notice. [signature page to follow] {JEH1900762.DOC;1/00010.900000/ }Memorandum of UndSr6tanding City of Federal Way FINAL - Issaquah JailPage 3 of 4 CITY OF FEDERAL WAY: Jim Ferrell, Mayor Dated: ATTEST: Stephanie Courtney, CMC, City Clerk APPROVED AS TO FORM: J. Ryan Call, City Attorney CITY OF ISSAQUAH: Mary Lou Pauly, Mayor Dated: {JEH1900762.DOC;1/00010.900000/ }Memorandum of Understanding City of Federal Way FINAL - Issaquah JailPage 4 of 4 51 This Page Left Blank Intentionally 52 SUBJECT: JAIL SERVICES CONTRACT — PUYALLUP CITY JAIL POLICY QUESTION: Should the Federal Way Police Department enter into a contract with the Puyallup City Jail for jail services at the cost of approximately $150,000 annually? COMMITTEE: Parks, Recreation, Human Services, and Public Safety Council Committee — (PRHS&PSC) CATEGORY: ® Consent ❑ Ordinance MEETING DATE: April 9, 2019 ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Kurt Schwan, Professional Standards Commander DEPT: Police .......................................... .......................................................................................................................................... ................................................................... ........................................................................................................................-................................. - .. Attachments: 1. Staff Report 2. Puyallup City Jail Contract Options Considered: 1. Approve the execution of this contract 2. Do not annrove this contract MAYOR'S RECOMMENDATION: 1. Approve the execution of this contract MAYOR APPROVAL: Initial/Date V Initial/Date DIRECTOR APPROVAL: -- 5 Initial/D to COMMITTEE RECOMMENDATION: I move to forward the Jail Services Contract with the Puyallup City Jail to the April 16, 2019, Council consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Jail Services Contract with the Puyallup City Jail and authorize the Mayor to sign said agreement". 53 (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 12/2017 RESOLUTION # 53 CITY OF FEDERAL WAY MEMORANDUM DATE: April 9, 2019 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Jail Services Contract — Puyallup City Jail Financial Impacts: By withdrawing from SCORE and utilizing other jail facilities, the projected annual jail services expenditures would be $4,330,300. This would be an annual savings over SCORE/KC Jail contracts of $2,085,672. The Puyallup City Jail is one of the jail services providers to be utilized in order to achieve the above stated savings. The projected annual cost to utilize the Puyallup City Jail would be $150,000. Background Information: In 2009, SCORE was established to serve the seven Owner Cities, with a goal of providing consolidated correctional services at a lower total cost to the participating Owner Cities. In the case of Federal Way, there has been a significant jail cost increase in the seven years we have been an Owner City, creating a financial burden that is unsustainable. In 2012, Federal Way's total jail budget was $2,305,280, a 17% M&O obligation (based on 60 ADP). In 2018, the SCORE jail budget swelled to $6,293,163, a 30.23% M&O obligation (80 ADP). (The 2018 total jail budget is $6,415,972, which includes other jail expenses outside of SCORE.) The steady incremental increase for the past seven years, totaling 20 more ADP, has increased our SCORE budget by $3,987,883 — this reflects an increase of 173% since the inception of our participation. The SCORE Financial Alternatives Study Subcommittee was created to research financial alternatives for Owner Cities. At this time, no feasible alternative option exists or has been presented for Owner Cities to remedy the unsustainable financial obligation for the City of Federal Way. The following are all of the projected annual on-going jail services expenditures utilizing jail facilities other than SCORE; 54 Rev. 7/18 Average Daily Maintenance (+ booking fees) at 70 ADP $2,395,300 SCORE debt service $935,000 Infirmary / Mental Health Detention $275,000 Medical $150,000 Work Release/EHM/Probation $100,000 Four (4) FTEs (salary & benefits) $460,000 M&O for jail transport vehicle $15,000 Total annual projected Jail Operations Expenditure $4,330,300 Current 2018 SCORE/KC jail budget $6,415,972 Annual savings over current SCORE/KC Jail contracts $2,085,672 On September 4, 2018, Federal Way City Council unanimously passed a resolution authorizing the withdrawal from the SCORE Inter -local Agreement. The Puyallup City Jail has been identified as one of the jail services providers to be utilized in order to achieve the above stated savings. The projected annual cost to utilize the Puyallup City Jail would be $150,000. 55 Rev. 7/18 INTERAGENCY AGREEMENT BETWEEN THE CITY OF PUYALLUP, WASHINGTON AND CITY OF FEDERAL WAY, WASHINGTON, FOR THE HOUSING OF INMATES IN THE PUYALLUP CITY JAIL This agreement is between the City of Puyallup, a municipal corporation of the State of Washington (hereinafter "Puyallup") and the City of Federal Way, a municipal corporation of the State of Washington (hereinafter "Federal Way"). WHEREAS, RCW 39.34 and RCW 70.48, allows local governmental units to make the most efficient use of their powers by enabling them to cooperate and enter into agreements with each other for providing jail services; and WHEREAS, Federal Way wishes to designate the Puyallup Jail as a place of confinement for the incarceration through the use of three (3) guaranteed beds; and WHEREAS, in an effort to streamline administrative procedures and ensure that the daily rate charged of $95.00 for three guaranteed non -gender specific beds to house inmates at the Puyallup Jail is consistent with the current operating costs, it is necessary to enter into a standardized interagency agreement; and WHEREAS, the governing bodies of each of the parties hereto have decided to enter into this Agreement as authorized by RCW 39.34, RCW 70.48 and other Washington law, as may be amended; NOW, THEREFORE, in consideration of the above and foregoing recitals, the payments to be made, the mutual promises and covenants herein contained, and for other good and valuable considerations, the parties hereto agree as follows: 1. GOVERNING LAW The parties hereto agree that, except where expressly otherwise provided, the laws and administrative rules and regulations of the State of Washington shall govern in any matter relating to inmate confinement pursuant to this Agreement. Additionally, the appropriate venue under this contract is Pierce County, Washington. 2. EFFECTIVE DATE This Agreement shall be effective January 1, 2020 and this document has been listed on Puyallup's website in accordance with RCW 39.34.040. This Agreement shall be in place for one (1) year with automatic one (1) year renewals for each year after unless terminate in compliance with section 3 of this Agreement. TERMINATION a) B either 'ther party. This Agreement may be terminated by written notice from either {WSS 1348187.DOCX;1 /13018.900000/ } 56 party to the other party delivered by regular mail to the contact person identified herein, provided that termination shall become effective sixty (60) calendar days after receipt of such notice. Notice will be presumed received three (3) working days after the notice is posted in the mail. Within said sixty (60) days, Federal Way agrees to remove its inmates(s) from the Puyallup Jail. b) In the event of termination of this Agreement for any reason, Federal Way shall compensate Puyallup for inmates housed by the Puyallup Jail after notice of termination until Federal Way retakes its inmates in the same manner and at the same rates as if this Agreement had not been terminated and the provisions of this Agreement, including by way of illustration and not limitation, §24 Indemnity, shall remain in force until such time as all inmates from Federal Way have been retaken. 3. MAILING ADDRESSES All notices, reports, and correspondence to the respective parties of this Agreement shall. be sent to the following: City of Puyallup: Chief of Police Puyallup Police Department 311 W Pioneer Puyallup, Washington 98371 Contact: Corrections. Lieutenant City of Federal Way Chief of Police Federal Way Police Department 33325 8tn Avenue South Federal Way, Washington 98003 Contact: Commander Kurt Schwan 4. COMPENSATION a) Guaranteed Bed Rate. Puyallup agrees to accept and house one (1) female inmate and two (2) male inmates at the daily guaranteed bed rate of $95.00 per bed per day. The guaranteed rate is limited to the first three (3) contracted beds by Federal Way. This rate shall be paid for each bed and each day that this agreement is in place whether or not the beds are used by Federal Way. b) Non -Guaranteed Bed Rate. Federal Way may purchase beds, as available, at the daily rate of $100.05 per bed per day. However, Puyallup shall have the right to refuse to accept custody or house Federal Way inmates in excess of Federal Way's guaranteed bed commitment. C) Administrative Booking Rate. Puyallup will authorize Federal Way Police Officers to transport misdemeanor level suspects to its jail for administrative booking. Administrative booking shall include booking suspects into the jail pursuant to Puyallup Jail policies and standard operating procedures and detaining those suspects until booking information, including fingerprints and photographs, are obtained. Following the booking process, suspects shall be transported by Federal Way Officers back to the City of Federal Way {WSS1348187.DOCX;1/13018.900000/ } 57 where they will be released. As compensation for the administrative booking services, Federal Way shall pay Puyallup $52.66 for each administratively booked individual. Any other costs associated with the administrative booking process shall be the sole responsibility of the City of Puyallup. d) Bed Rate and Administrative Booking Rate will be increased at a rate of 100% of the Seattle -Tacoma -Bellevue CPI -U first half index for the year prior with a minimum of 0% to a maximum of 2.25%. The rate increase will occur on January lst of each year unless otherwise negotiated and agreed by the parties. (For example, the 2020 Seattle -Tacoma -Bellevue CPI -U first half index will set the amount of the January 1, 2021 increase to the Bed Rate and Administrative Booking Rate.) e) Billing and Payment. Puyallup agrees to provide Federal Way with an itemized bill listing all names of inmates who are housed, the number of days housed (including date of booking and date of releases), and the dollar amount due for each. Puyallup agrees to provide said bill by the 30th day of each following month. Federal Way agrees to make payment to Puyallup within thirty (30) days of receipt of the undisputed portion of such bill for the amount billed for the previous calendar month. (See §22.) SERVICES PROVIDED Puyallup agrees to provide jail services for gross misdemeanor/misdemeanor inmates for those offenses that have been committed by adults within Federal Way's jurisdiction. RESPONSIBILITY FOR OFFENDER'S CUSTODY It shall be the responsibility of Puyallup to confine the inmate or inmates; to provide treatment, including the furnishing of subsistence and all necessary medical and hospital services and supplies; to provide for inmates' physical needs; to retain them in said custody, to supervise them; to maintain proper discipline and control; to make certain that they receive no special privileges and that the sentence and orders of the committing court in the State are faithfully executed; provided that nothing herein contained shall be construed to require Puyallup, or any of its agents, to provide treatment, facilities or programs for any inmates confined pursuant to this Agreement, which it does not provide for similar inmates not confined pursuant to this Agreement. Puyallup shall provide facilities for consultation and communication between inmates and their legal counsel or public defender. It shall also be the responsibility of Puyallup to calculate "good time" accrued in and subsequent release of the inmate in accordance with the Puyallup's standard practice and procedure. Federal Way agrees to be bound by Puyallup's standard practice and procedures related to inmates housed in the Puyallup Jail. 7. RIGHT TO REFUSAL Puyallup shall have the right to refuse to accept any inmate from Federal Way who, in the judgment of Puyallup, has a current illness or injury which may adversely affect the operations of the Puyallup Jail, has history of serious medical problems, presents a substantial risk of escape, or presents a substantial risk of injury to other persons or property or themselves. HOUSING DECISIONS {WSS1348187.DOCX;1/13018.900000/ } M In order to manage its jail population, Puyallup reserves the right to decide where Federal Way's inmate(s) will be housed. In the event that Federal Way's inmate is transferred to any other jail facility, Federal Way's obligation to pay the daily rate to Puyallup will cease and Federal Way's obligation to pay the daily rate to the jail facility will be governed by Federal Way's contract with that other agency operating the jail facility. This section only applies to those Federal Way inmates housed at the Puyallup Jail under the non -guaranteed bed rate. 9. RETAKING OF INMATES Upon request from Puyallup, Federal Way shall, at its expense, retake any Federal Way inmate within twelve (12) hours after receipt of such request. In the event the confinement of any Federal Way inmate is terminated for any reason, Federal Way, shall, at its expense, retake such inmate from Puyallup. 10. COPY OF ARREST WARRANT OR CITATION AND BAIL SCHEDULE Federal Way law enforcement officers placing Federal Way misdemeanants in the Puyallup Jail shall, in every instance, first furnish an arrest warrant, citation, court order, or judgment and sentence, to the Puyallup Jail upon booking of an inmate. Federal Way is also responsible for providing Puyallup Jail with a complete bail schedule no later than January 1 of each year. 11. NON -ASSIGNABILITY. Federal Way agrees to not sublet any one of their three unused guaranteed beds to any jurisdictions. This Agreement may not be assigned by either party. 12. TRANSPORTATION Federal Way inmates incarcerated in Puyallup pursuant to this Agreement shall be transported to Puyallup by and at the expense of Federal Way and shall be returned, if necessary, to Federal Way by Federal Way personnel and at Federal Way's expense. Puyallup is not responsible for transportation of Federal Way inmates under this Agreement and shall be reimbursed by Federal Way for any actual expense incurred in transport of an inmate if, in fact, transportation of an inmate by Puyallup becomes necessary including if the transport was a result of a warrant, or medical appointment. Such transportation shall be calculated based upon the time required for transport at the correction officer over time rate of $55.00 per hour. 13. RECORDS AND REPORTS (a) Federal Way shall forward to Puyallup before or at the time of delivery of each inmate a copy of all inmate records pertaining to the inmate's present incarceration at other correctional facilities. If additional information is requested regarding a particular inmate, the parties shall mutually cooperate to provide any additional information. (b) Puyallup shall keep all necessary and pertinent records concerning such inmates incarcerated in Puyallup Jail. During an inmate's confinement in Puyallup, Federal Way shall upon request, be entitled to receive and be furnished with copies of any report or record associated with said inmates(s) incarceration, as may be permitted by law. 4 {WSS1348187.DOCX;1/13018.900000/ } 6.M 14. MEDICAL TREATMENT a) Inmates shall receive medical, psychiatric and dental treatment when emergent and necessary to safeguard their health while housed in the Puyallup jail. Puyallup shall provide for routine minor medical services in the Puyallup jail. Examples of medical services which may be provided in the Puyallup Jail, but which are not routine, and for which Federal Way shall be billed include, but are not necessarily limited to, HIV/AIDS treatment, chemotherapy, dialysis treatment, and hemophiliac treatment. Federal Way shall be responsible for any and all medical, dental or mental health costs incurred by or on behalf of a Federal Way prisoner including but not limited to prescriptions, appliances, supplies, emergency transport associated with the delivery of any emergency and/or medical service provided to Federal Way inmates. b) An adequate record of all such services shall be kept by Puyallup in accordance with HIPAA regulations for Federal Way's review at its request. Any medical or dental services of major consequence shall be reported to Federal Way as soon as time permits. c) Federal Way shall be responsible for any and all costs incurred by or on behalf of a Federal Way prisoner regarding hospitalization. If necessary, Federal Way shall reimburse Puyallup dollar for dollar any amount expanded or cost incurred by Puyallup in providing the same; provided that, except in emergencies, Federal Way will be notified by contacting the Administrative Commander and/or on -duty Patrol Lieutenant at the Federal Way Police Department prior to the inmate's transfer to a hospital and nothing herein shall preclude Federal Way from retaking the ill or injured inmate. In the event a Federal Way inmate is taken by emergency to a hospital, Puyallup shall notify Federal Way within eight (8) business hours (i.e. Monday through Friday 8 a.m. to 5 p.m., excluding state -observed holidays) of transport. Federal Way is responsible for providing security during any period of hospitalization. 15. DISCIPLINE Puyallup shall have physical control over and power to exercise disciplinary authority over all inmates of Federal Way. However, nothing contained herein shall be construed to authorize or permit the imposition of any type of discipline prohibited by the constitution and laws of the State of Washington or the constitution and laws of the United States. 16. STANDARD OF RELEASE Federal Way shall adopt Administrative Order No. 2013-01 Puyallup Municipal Court Standards of Release. 17. VIDEO ARRAIGNMENT Upon request, Puyallup will provide video arraignment services at the rate of $55.00 per hours with a (4) four-hour minimum charge. 18. REMOVAL FROM THE JAIL An inmate from Federal Way legally confined in Puyallup shall not be removed from there by any person except: {WSS1348187.DOCX;1/13018.400000/ } a) When requested by Federal Way Police Department in writing authorizing such release; or b) Upon court order in those matters in which said court has jurisdiction over such inmate; or C) For appearance in the court in which a Federal Way inmate is charged; or in compliance with a Writ of Habeas Corpus; or d) For interviews by Federal Way Attorney or member of Federal Way Police Department; or e) If the prisoner has served his sentence, or the charge pending against said inmate has been dismissed, or bail or other recognizance has been posted as required by the courts; or f) For other scheduled court appearances, including those for which they are not being held, or g) Upon the execution of the Standards of Release Administrative Order No. 2013- 01, or h) For medical care (see § 15) and court ordered evaluations. 19. ESCAPES In the event any Federal Way inmate shall escape from Puyallup's custody, Puyallup will use all reasonable means to recapture the inmate. The escape shall be reported immediately to Federal Way. Puyallup shall have the primary responsibility for and authority to direct the pursuit and retaking of the inmate or inmates within its own jurisdiction. Any cost in connection therewith shall be chargeable to and borne by Puyallup, however, Puyallup shall not be required to expend unreasonable amounts to pursue escaped inmates beyond its jurisdiction. 20. DEATH OF AN INMATE a) In the event of the death of a Federal Way inmate, Puyallup shall notify the Pierce County Medical Examiner. Federal Way shall receive copies of any records made at or in connection with such notification, unless prohibited by law or court order. Reasonable copying costs for such copies shall be borne by Federal Way. b) Puyallup shall immediately notify Federal Way of the death of a Federal Way inmate, furnish reasonable and necessary information as reasonably requested and follow reasonable instructions of Federal Way with regard to the disposition of the body. The body shall be released to the Medical Examiner. All expenses relative to any necessary preparation of the body and shipment charges shall be paid by Federal Way. The provisions of this paragraph shall govern only the relations between or among the parties hereto and shall not affect the responsibility or liability of any relative or other person for the disposition of the deceased or any expenses connected therewith. c) Federal Way shall receive a certified copy of the death certificate for any of its inmates who have died while in Puyallup custody. 21. DISPUTE BETWEEN FEDERAL WAY AND PUYALLUP Should a dispute arise as to the application, compensation, enforcement, or interpretation of this Agreement between Federal Way and Puyallup, the parties shall first attempt to 6 {WSS1348187.DOCX;1/13018.900000/ } 61 resolve such disputes through good faith and reasonable negotiations. However, if a dispute cannot be resolved through direct discussions, the parties agree to endeavor first to settle the dispute in an amicable manner by mediation administered by a mediator under JAMS Alternative Dispute Resolution service rules or policies before resorting to arbitration. The mediator may be selected by agreement of the parties or through JAMS. Following mediation, or upon mutual written agreement of the parties to waive mediation, any unresolved controversy or claim arising from or relating to this Agreement or breach thereof shall be settled through binding arbitration which shall be conducted under JAMS rules or policies. The arbitrator may be selected by agreement of the parties or through JAMS. All fees and expenses for mediation or arbitration shall be borne by the parties equally, however, each party shall bear the expense of its own counsel, experts, witnesses, and preparation and presentation of evidence. 22. INSURANCE a) Each party agrees to provide the other with evidence of insurance coverage, in the form of a certificate of insurance from a solvent insurance provider and/or a letter confirming coverage from a solvent insurance pool, which is sufficient to address the insurance and indemnification obligation set forth in the Agreement; b) Each party shall obtain and maintain coverage in minimum liability limits of five million dollars ($5,000,000) per occurrence and five million dollars ($5,000,000) in the aggregate for its liability exposures, including comprehensive general liability, errors and omissions, auto liability and police professional liability. The insurance policy shall provide coverage for those events that occur during the term of the policy, despite when the claim is made. 23. HOLD HARMLESS AND INDEMNIFICATION a) Puyallup shall indemnify and hold harmless Federal Way and its officers, agents, officials, employees and volunteers from any and all claims, actions, suits, liability, loss, expenses, and damages, including reasonable attorney fees, of any nature whatsoever, by reason of or arising out of any act or omission of Puyallup, its officers, agents, officials, employees and volunteers, provided said claim does not arise out of or in any way result from any intentional, willful or negligent act or omission on the part of Federal Way or any officer, agent or employee thereof. b) Federal Way shall indemnify and hold harmless Puyallup and its officers, agents, officials, employees and volunteers from any and all claims, actions, suits, liability, loss, expenses, and damages of any nature whatsoever, by reason of or arising out of any act or omission of Federal Way, its officers, agents, officials, employees and volunteers, in arresting, detaining, charging, or transporting persons before presentment to and acceptance by Puyallup Jail or thereafter while said person (i.e. inmate) are in the custody of Federal Way outside Puyallup Jail. C) Puyallup and Federal Way hereby waive, as to each other only, their immunity from suit under industrial insurance, title 51 RCW. This waiver of immunity was mutually negotiated by the parties hereto. d) The waivers in this section have been mutually negotiated by the parties and this entire section shall survive the expiration or termination of this Agreement. 7 {WSS1348187.DCCX;1/13018.900000/ } W, 24. INDEPENDENT CONTRACTOR In providing services under this Agreement, Puyallup is an independent contractor and neither it, nor its officers, officials, agents or employees are employees of Federal Way for any purpose, including responsibility for any federal or state tax, industrial insurance, or Social Security liability. Neither shall the provision of services under this agreement give rise to any claim or career service or civil service rights, which may accrue to employees of Federal Way or Puyallup under any applicable law, rule or regulation. 25. REQUIRED ELEMENTS. In accordance with the requirements of RCW 39.34.030, the following provisions, stipulations and/or waivers are adopted: 25.1 This Agreement has been approved by the governing bodies of each of the participating agencies. 25.2 No separate organization or separate legal or administrative entity is created by this Agreement. 25.3 Each party to this Agreement shall maintain its own separate budget in accordance with the provisions of Title 35 and 35A RCW and no joint or cooperative budget shall be undertaken. 25.4 The terms of this Agreement do not contemplate the acquisition of any property. However, in the event any property is acquired for the performance of this Agreement, upon termination of this Agreement, said property shall be sold and the proceeds shall remain with Puyallup. 25.5 This Agreement shall be administered by a joint board consisting of the Chiefs of Police of Puyallup and Federal Way. 26. CONCURRENT ORIGINALS This Agreement may be executed in any number of counterparts, which counterparts shall collectively constitute the entire Agreement. 27. ENTIRE AGREEMENT The written provisions and terms of this Agreement, together with any attachments, supersede all prior written and verbal agreements and/or statements by any representative of the parties, and those statements shall not be construed as forming a part of or altering in any manner this Agreement. Any prior written and/or oral agreement between the parties pertaining to jail services is terminated and superseded by this Agreement. This Agreement and any attachments contain the entire Agreement between the parties. Should any language in any attachment conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. 28. SEVERABILITY Should any provision of this Agreement be determined to be unenforceable by a court of 8 {WSS1348187.DOCX;1/13018.900000/ } 63 law, such provision shall be severed from the remainder of the Agreement, and such action shall not affect the enforceability of the remaining provisions herein. IN WITNESS WHEREOF, the parties below have executed this Agreement, and by doing so, acknowledge that they have read this Agreement understand its terms, and enter this Agreement in a knowing, intelligent, and voluntary manner. CITY OF PUYALLUP: By: Its: Date Kevin Yamamoto City Manager ATTEST: By: Mary Winter Its: City Clerk Date: APPROVED AS TO FORM: By: Shawn Arthur Its: Deputy City Attorney Date: CITY OF FEDERAL WAY: By: Jim Ferrell Its: Mayor Date: ATTEST: By: Stephanie Courtney Its: City Clerk Date: APPROVED AS TO FORM: By: J. Ryan Call Its: City Attorney Date: 9 {WSS1348187.DOCX;1/13018.900000/ } 64 COUNCIL MEETING DATE: April 16, 2019ITEM #: ............... ...................................................................................................................................................................................... ....... ..................................... ........................................................................................ ..................................................... ............... ...................... .............. ..... _..................................... CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: JAIL SERVICES CONTRACT — KITTITAS COUNTY JAIL POLICY QUESTION: Should the Federal Way Police Department enter into a contract with the Kittitas Jail for jail services at the cost of approximately $150,000 annually? COMMITTEE: Parks, Recreation, Human Services, and Public Safety MEETING DATE: April 9, 2019 Council Committee — (PRHS&PSC) CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Kurt Schwan, Professional Standards Commander DEPT: Police ............. ..................................................................................................................................................................................... ....................................................................... ............................................................................................................................_.............. _..... I._.._ ..... _.............. Attachments: 1. Staff Report 2. Kittitas County Jail Contract Options Considered: 1. Approve the execution of this contract 2. Do not approve this contract MAYOR'S RECOMMENDATION: 1. Approve the execution of this contract MAYOR APPROVAL: 311/ •j DIRECTOR APPROVAL: InitlaMate v Initial/Date COMMITTEE RECOMMENDATION: I move to forward the Jail Services Contract with the Kittitas County Jail to the April 16, 2019, Council consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Jail Services Contract with the Kittitas County Jail and authorize the Mayor to sign said agreement ". (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 12/2017 RESOLUTION # 65 CITY OF FEDERAL WAY MEMORANDUM DATE: April 9, 2019 TO: City Council Members VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Jail Services Contract — Kittitas County Jail Financial Impacts: By withdrawing from SCORE and utilizing other jail facilities, the projected annual jail services expenditures would be $4,330,300. This would be an annual savings over SCORE/KC Jail contracts of $2,085,672. The Kittitas County Jail is one of the jail services providers to be utilized in order to achieve the above stated savings. The projected annual cost to utilize the Kittitas County Jail would be $150,000. Backiround Information: In 2009, SCORE was established to serve the seven Owner Cities, with a goal of providing consolidated correctional services at a lower total cost to the participating Owner Cities. In the case of Federal Way, there has been a significant jail cost increase in the seven years we have been an Owner City, creating a financial burden that is unsustainable. In 2012, Federal Way's total jail budget was $2,305,280, a 17% M&O obligation (based on 60 ADP). In 2018, the SCORE jail budget swelled to $6,293,163, a 30.23% M&O obligation (80 ADP). (The 2018 total jail budget is S6, 415, 972, which includes other jail expenses outside of SCORE.) The steady incremental increase for the past seven years, totaling 20 more ADP, has increased our SCORE budget by $3,987,883 — this reflects an increase of 173% since the inception of our participation. The SCORE Financial Alternatives Study Subcommittee was created to research financial alternatives for Owner Cities. At this time, no feasible alternative option exists or has been presented for Owner Cities to remedy the unsustainable financial obligation for the City of Federal Way. The following are all of the projected annual on-going jail services expenditures utilizing jail facilities other than SCORE; 66 Rev. 7/18 Average Daily Maintenance (+ booking fees) at 70 ADP $2,395,300 SCORE debt service $935,000 Infirmary / Mental Health Detention $275,000 Medical $150,000 Work Release/EHM/Probation $100,000 Four (4) FTEs (salary & benefits) $460,000 M&O for jail transport vehicle $15,000 Total annual projected Jail Operations Expenditure $4,330,300 Current 2018 SCORE/KC jail budget $6,415,972 Annual savings over current SCORE/KC Jail contracts $2,085,672 On September 4, 2018, Federal Way City Council unanimously passed a resolution authorizing the withdrawal from the SCORE Inter -local Agreement. The Kittitas County Jail has been identified as one of the jail services providers to be utilized in order to achieve the above stated savings. The projected annual cost to utilize the Kittitas County Jail would be $150,000. 67 Rev. 7/18 INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY, WASHINGTON AND KITTITAS COUNTY, WASHINGTON, FOR THE HOUSING OF INMATES FOR 2019-2020 THIS INTERLOCAL AGREEMENT is made and entered into on this _ day of , 2019 by and between Kittitas County, Washington, a Washington municipal corporation, hereinafter referred to as "County", and the City of Federal Way, Washington, hereinafter referred to as the "City", each party having been duly organized and now existing under the laws of the State of Washington. Both entities may be referred to in this Agreement collectively as "Parties" or individually as "Party". WITNESSETH: WHEREAS, Kittitas County owns and operates the Kittitas County Corrections Center, located in Ellensburg, Washington; and WHEREAS, the City, whose law enforcement officers from time to time arrest persons for misdemeanors, gross misdemeanors or felonies, which may result in jailing of the person arrested; and WHEREAS, the City seeks to contract for jail facilities and services from the County for confinement of City prisoners; and WHEREAS, the County has expressed a willingness to provide jail facilities and services to the City; and WHEREAS, the Interlocal Cooperation Act (Chapter 39.34 RCW) and the City and County Jails Act (Chapter 70.48 RCW), authorizes contracts for jail services made between a county and a city; and WHEREAS , the governing bodies of each of the parties hereto have determined to enter into this Interlocal Agreement (ILA) for the Housing of Inmates by action taken at a regular meeting; and NOW, THEREFORE, in consideration of the above and foregoing recitals, the payments to be made, the mutual promises and covenants herein contained, and for other good and valuable consideration, the parties hereto agree as follows: Interlocal Agreement for Housing of Inmates Page f 9f 10 I. Governing Law The parties hereto agree that, except where expressly otherwise provided, the laws and administrative rules and regulations of the State of Washington shall govern in any matter relating to an inmate(s) confined pursuant to this Agreement. II. Term This agreement shall be effective January 1, 2020 and shall extend for a period of one year thereafter until midnight, December 31, 2020, subject to earlier termination as provided herein. This Agreement will be automatically renewed unless either party gives 90 days advanced notice of its indication not to renew. III. Notice All notices, reports, and correspondence to the respective parties of this Agreement shall be sent to the following: To the City: Federal Way Police Department 333258 1h Ave S. Federal Way WA, 98003 Primary Contact: Commander Kurt Schwan Secondary Contact: As designated by Federal Way Police Dept. To the County of Kittitas: Kittitas County Corrections Center 205 W 5th Ave, Ste 1 Ellensburg WA 98926 Primary Contact: Interim Commander Steve Panattoni or successor IV. Definitions The Parties hereby agree that the following terms shall have the specified meanings unless indicated otherwise herein: A. Day. A twenty-four hour-long unit of time commencing at 00:00:01 a.m., and ending at 23:59:59 p.m. B. Inmate Classifications shall be pursuant to the Kittitas County Corrections Center Objective Jail Inmate Classification which is modeled after the National Institute of Corrections Jail Classification. i) "Minimum" classification shall apply to those inmates who present Interlocal Agreement for Housing of Inmates Page 2 of 10 69 a low risk to staff and the community. ii) "Medium" classification shall apply to those inmates who present a moderate risk to staff and the community. iii) "Maximum" classification shall apply to those inmates who present a substantial risk to staff and the community. C. City Prisoner means a person arrested by a Police Officer of the City or another law enforcement agency on behalf of the City and booked into the Kittitas County Corrections Center (KCCC) at any time and for any reason, including after sentencing. It is anticipated that prisoners confined at KCCC will be those sentenced to terms of incarceration in jail for periods of three hundred sixty-five days (3 65) or less, but as deemed appropriate and by arrangement between the parties, prisoners not yet convicted may be confined at KCCC under the same terms and conditions as those serving sentences. Transportation of all prisoners confined at KCCC pursuant to this ILA shall be the responsibility of the City, including all costs. Access of legal counsel to such prisoners shall be pursuant to the policies and schedule of KCCC, and no cost of such counsel shall be the responsibility of the County. V. Criteria for Determining Prisoner Status For the purposes of this agreement: A. City Prisoners being booked into the Kittitas County Corrections Center shall remain the responsibility of the Police Officer of the City and shall not be deemed an inmate of that facility until the City Prisoner is accepted by Corrections staff at the time of booking. Only law enforcement personnel of the City may present a prisoner for confinement in KCCC pursuant to this ILA unless previously arranged and approved in writing by the Jail Commander or his/her designee or superior. VI. Jail and Medical Services A. Inmates deemed City Prisoners for medical purposes shall mean any person incarcerated pursuant to this ILA. These prisoners shall receive such medical, psychiatric and dental treatment when emergent and necessary to safeguard their health while housed in the Kittitas County Corrections Center in the same manner and to the same extent as any other prisoner. The County will provide or arrange for providing of such medical, psychiatric and dental services. The County will attempt good faith efforts in seeking reimbursement from the City Prisoner. However, except for routine minor medical services provided by the County within the Kittitas County Corrections Center, the City shall ultimately be responsible and pay directly or reimburse the County for any and all costs associated with the delivery of any emergency or necessary medical service provided to City Prisoners. The City shall be Interlocal Agreement for Housing of Inmates Page 18f 10 responsible for any and all emergent or necessary medical, dental and psychiatric treatment provided outside of the Kittitas County Corrections Center and shall be billed thereafter. B. If the County becomes aware that a City Prisoner is in need of medical health care requiring the assistance of a medical health care services provider outside of the Kittitas County Corrections Center, then the County shall make reasonable effort to notify the City prior to obtaining said service. If the City is contacted and does not authorize the County to obtain the service, then the City shall, within four (4) hours, pick up the inmate from the County to transport to medical care. Provided, in the case of emergency, the County may notify the City after the service has been provided. C. An adequate record of all such services shall be kept by the County for the City's review at its request, to the extent consistent with confidentiality regulations. Any medical or dental services of major consequence shall be reported to the City as soon as time permits. D. Should medical, psychiatric or dental services require hospitalization, the City agrees to compensate the County dollar for dollar any amount expended or cost incurred in providing the same; provided that, except in emergencies, the City will be notified by contacting the duty supervisor at the City prior to the prisoner's transfer to a hospital, if and when circumstances allow, or as soon afterward as practicable. E. Upon payment to the County by the City for a City Prisoner's health care expense, the County will assign to the City, if requested by the City, any and all right to reimbursement for medical expenses authorized under RCW 70.48.130. F. The City agrees to pay directly or reimburse the County for any and all medical expenses, as defined in Section VI.A, incurred for City Prisoners and persons arrested by or on behalf of the City, which are not performed by medical staff on contract with the County within the Kittitas County Corrections Center, or paid by the Department of Social and Health Services, including medical, psychiatric, and dental bills as well as prescription medication expenses. VII. Transportation The County shall be responsible for the transportation of all prisoners from the Corrections Center to local medical services and back. The City shall pay the actual costs for County personnel required to appropriately and safely transport and maintain custody of prisoners during medical treatment, including overtime as needed to maintain staffing for operations. The County will contact the City with regard to any pre -planned major medical treatment to allow the City to consider the option of using its own personnel for transport and security, including provision of female personnel for medical matters specific to women. The City shall be responsible for transporting all inmates to and from custody. The City shall provide all documentation related to the booking of inmates, Interlocal Agreement for Housing of Inmates Page 7of 10 including court orders and the date and time at which custody commenced and is to end. VIII. Compensation A. The County agrees to accept and house City Prisoners for compensation per prisoner at the rate of $66.50 for the year 2020 except as provided below. This rate includes minimum, medium and maximum classification inmates. The parties agree that the County will not charge the City a separate booking fee in addition to such rate. The rate will increase by 3% each year on January 1. B. The date of booking into, and the date of release from, the Kittitas County Corrections Center of the City Prisoners, no matter how little time of a twenty-four hour day it constitutes, shall count as one day for billing purposes and shall be billed to the City as a day of custody in the County. IX. Billing and Billing Dispute Resolution Procedures A. The County shall transmit billings to the Chief of Police of the City on the following dates: April 15th, July 15th, October 15th, and January 15th. Within forty-five (45) days after receipt, the City shall pay the full amount billed or withhold any portion thereof related to disputed medical costs and provide the County written notice specifying the amount withheld and the grounds for withholding such amount, together with payment of the remainder of the amount billed. B. Interest on unpaid balances not paid within 45 days of billing shall be computed at 1 % of the unpaid balance per month. C. Withholding of any amount billed shall constitute a dispute to be resolved as follows: i) The Sheriff, County Prosecuting Attorney, Police Chief and City Attorney or their designees shall attempt to resolve the dispute by negotiation. Negotiation meetings may be conducted once per quarter meeting in the months of January, April, July, and October if requested. If negotiations are unsuccessful, the dispute shall be referred to the City Mayor and the Chair of the Board of County Commissioners for settlement. If not resolved by them within thirty (30) days of referral, the City Mayor and Chair of the Board of County Commissioners may by mutual written consent apply to the Superior Court Judge for appointment of an arbitrator whose decision shall be final and binding on both parties. If mutual written consent to apply for the appointment of an arbitrator is not reached, either party may seek court action to decide the disputed contract provision. ii) Any amount withheld from a billing, plus interest thereon as set forth in Sec IX (B) determined owed to the County pursuant to the billing dispute Interlocal Agreement for Housing of Inmates Page �_qf 10 resolution procedure described above shall be paid by the City within thirty (30) days of the negotiated resolutic, arbitrator's decision or court finding. D. Each party may examine the other's books and records to verify charges. If an examination reveals an improper charge, the amount shall be applied to the next quarter and subsequent quarter's payments until the credit has been exhausted. Any unused credit, which exists at the termination of this agreement, shall be refunded within thirty (30) days of the date of termination. E. Billing Statements. The County shall provide a billing statement each quarter in accordance with section IX (A). F. Unpaid balances over 60 days in arrears may result in cancellation of access to the Corrections Center for booking of non -felony prisoners. G. Upon cancellation of this agreement, the City would be responsible for making its own arrangements for the booking of all City misdemeanors, gross misdemeanor, and court committed prisoners. The City would be responsible for all transportation, housing, medical and supervision costs for such prisoners. X. Termination A. Termination for Material Breach. In the event either party believes the other party has materially breached any obligations under this agreement, such party shall so notify the breaching party in writing, stating the basis upon which breach is claimed and the specific provisions of this agreement claimed to have been violated. The breaching party shall have thirty (30) days from the receipt of such notice to cure the alleged breach and to notify the non -breaching party in writing that cure has been effected. If the breach is not cured within the thirty (30) days, the non -breaching party shall have the right to terminate this agreement by providing ninety (90) days prior written notice to the other party and to Washington State Office of Financial Management, as provided in RCW 70.48.090. The ninety -day notice shall state the grounds for termination and the specific plan for accommodating the affected jail population. B. Termination by Mutual Agreement. This Agreement may be terminated by written notice from either party to the other party and to Washington State Office of Financial Management, as provided in RCW 70.48.090, stating the grounds for said termination and specifying plans for accommodating the affected inmates. The notice must be delivered by regular mail to the contact persons identified in Section IV herein. Termination shall become effective ninety (90) working days after receipt of such notice. C. Removal of Inmates Following Notice of Termination. Within the ninety (90) day notice period set forth in subsection A or B above, or within such other period of time as may be agreed upon in writing by the parties, the City agrees to remove its Interlocal Agreement for Housing of Inmates Page W 10 inmate(s) from Kittitas County Corrections Center. In the event of termination of this agreement, the City shall compensate the County for prisoners housed by the County after notice of such termination until the City retakes its inmates in the same manner and at the same rates as if this agreement had not been terminated. Upon termination of this agreement, the City would be responsible for making its own arrangements for the booking of all City misdemeanors, gross misdemeanors, and court committed prisoners. The City would be responsible for all transportation, housing, medical and supervision costs for such prisoners. XI. Responsibility for Offender's Custody It shall be the responsibility of the County to confine the inmate or inmates; to provide treatment, including the furnishing of subsistence and all necessary medical and hospital services and supplies; to provide for the prisoners' physical needs; to make available to them programs and/or treatment consistent with the individual needs; to retain them in said custody; to supervise them; to maintain proper discipline and control; to make certain that they receive no special privileges and that the sentence and orders of the committing court in the State are faithfully executed; provided that nothing herein contained shall be construed to require the County, or any of its agents, to provide service, treatment, facilities or programs for any inmates confined pursuant to this Agreement, which it does not provide for similar inmates not confined pursuant to this Agreement. Nothing herein shall be construed as to require the County to provide services, treatment, facilities or programs to the City's Prisoners above, beyond or in addition to that which is required by applicable law. XII. Right of Refusal The County shall have the right to refuse to accept any prisoner from the City who, in the judgment of the County, has a current medical condition which may adversely affect the safety of the individual or the safe operations of the Kittitas County Corrections Center or the reasonable operational capacity limits will be reached or exceeded. XIII. Indemnification A. The County shall defend, indemnify, and hold harmless the City, its agents, employees and officers from any and all liability arising out of the performance of this agreement, whether by act or omission of the County, its agents, employees or officers. Such liability shall include but not be limited to, intentional acts, negligence, and violations of prisoner's constitutional rights. B. The City shall defend, indemnify and hold harmless the County, its agents, employees and officers from any and all liability arising out of the performance of this agreement, whether by act or omission of the City, its agents, employees, or officers. Interlocal Agreement for Housing of Inmates Page � Rf 10 Such liability shall include, but is not limited to, false arrest and false imprisonment. C. The Parties' obligations to indemnify, defend and hold harmless shall not extend to injuries, sickness, death or damage caused by or resulting from the sole willful misconduct or negligence of the other Party, it agents, officers, employees or sub - consultants. D. The Parties' obligations to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from the concurrent negligence or willful misconduct of the Parties or of the Parties and a third party other than an officer, agent or employee of the Parties, shall apply only to the extent of the negligence or willful misconduct of each Party. XIV. Entire Contract This agreement represents the entire understanding of the parties and supersedes any oral representations that are inconsistent with or modify its terms and conditions. XV. Modification This agreement may be modified and amended only in writing and signed by the parties hereto. XVI. Independent Contractor In providing services under this Interlocal Agreement, Kittitas County is an independent contractor and neither it nor its officers, agents or employees are employees of the City for any purpose, including but not limited to, responsibility for any federal or state tax, industrial insurance or Social Security liability. Neither shall the provision of services under this Interlocal Agreement give rise to any claim of career service or civil service rights, which may accrue to an employee of the City under any applicable law, rule or regulation. XVII. General Provisions: A. Purpose. The purpose of this Interlocal Agreement is to permit the joint use of the Kittitas County Corrections Center for confinement of prisoners of the parties to the Interlocal Agreement, thereby promoting maximum use and efficiency of the Kittitas County Corrections Center. B. Administrator. Pursuant to RCW 39.34.030(4)(a), the administrator for this agreement shall be the Undersheriff of the Kittitas County Sheriff's Office. C. Property. Unless otherwise specifically agreed by the parties in writing, all property, Interlocal Agreement for Housing of Inmates Page 8 5 f 10 personal and real, utilized by the parties hereto in the execution of this Agreement shall remain the property of that party initially owning it. D. Venue. Venue for any lawsuit shall be in the Kittitas County Superior Court. E. Filing. This Agreement shall be filed with the Kittitas County Auditor's Office or, alternatively, listed by subject on each or either party's web site or other electronically retrievable public source pursuant to RCW 39.34.040. F. Severability. In the event any provisions of this Agreement shall be determined to be unenforceable or otherwise invalid for any reason, such provisions shall be enforced and valid to the extent permitted by law. All provisions of this Agreement are severable and the unenforceability or invalidity of a single provision herein shall not affect the remaining provisions. G. Waiver of Breach. The waiver by either party of the breach of any provision of this Agreement by the other party must be in writing and shall not operate nor be construed as a waiver of any subsequent breach by such other party. H. Savings Clause.Nothing in this Agreement shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provisions of this Agreement and any statute, law, public regulation or ordinance, the latter shall prevail, but in such event, the provisions of this Agreement affected shall be curtailed and limited only the extent necessary to bring it within legal requirements. I. Interpretation. This Agreement has been submitted to the scrutiny of all parties and their counsel, if desired, and it shall be given a fair and reasonable interpretation in accordance with its words, without consideration or weight given to its being drafted by any party or its counsel. All words used in the singular shall include the plural; the present tense shall include the future tense; and the masculine gender shall include the feminine and neuter gender. J. Access to Records. The parties hereby agree that authorized representatives of the parties shall have access to any books, documents, paper and record of the other party which are pertinent to this Agreement for the purposes of making audits, examinations, excerpts and transcriptions. All such records and all other records pertinent to this Agreement and work undertaken pursuant to this Agreement shall be retained by the parties for a period of six years after the final expiration date of this Agreement or any amendments hereto, unless a longer period is required to resolve audit, findings or litigation. In such cases, the parties may expressly agree by an amendment or separate agreement for such longer period for record retention. IN WITNESS WHEREOF, the above and foregoing Interlocal Agreement has been executed in duplicate by the parties hereto and made effective on the day and year first above written: Interlocal Agreement for Housing of Inmates Page 9oof10 CITY OF FEDERAL WAY Jim Ferrell, Mayor ATTEST: Stephanie Courtney, City Clerk APPROVED AS TO FORM: J. Ryan Call, City Attorney COUNTY OF KITTITAS BOARD OF COUNTY COMMISIONERS Chairman Vice -Chairman Commissioner COUNTY OF KITTITAS SHERIFF'S OFFICE Gene Dana, Sheriff ATTEST: Clerk of the Board APPROVED AS TO FORM: Deputy Prosecuting Attorney Interlocal Agreement for Housing of Inmates Page 1 lff 10 This Page Left Blank Intentionally w SUBJECT: AGREEMENT BETWEEN THE WASHINGTON TRAFFIC SAFETY COMMISSION (WTSC) AND THE FEDERAL WAY POLICE DEPARTMENT TO PROVIDE GRANT FUNDING FOR TRAFFIC ENFORCEMENT. POLICY QUESTION: Should the City of Federal Way / Police Department accept $3,000 from WTSC for Distracted Driving enforcement? COMMITTEE: PRHS&PSC CATEGORY: ® Consent F-1 City Council Business STAFF REPORT BY: Lt. B. Schulz MEETING DATE: April 9, 2019 ❑ Ordinance ❑ Public Hearing ❑ Resolution ❑ Other DEPT: Police Attachments: Staff Report IAA Between WTSC and the Federal Way Police Department Options Considered: 1. Accept the WTSC Agreement 2. Reject the WTSC Agreement MAYOR'S RECOMMENDATION: #1— Accept the WTSC Agreement MAYOR APPROVAL: DIRECTOR APPROVAL: Initial/Date t/ Initial/Date 1/1-0h' COMMITTEE RECOMMENDATION: I move to forward the proposed WTSC Agreement to the April 16, 2019 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of the Interagency Agreement between the Washington Trak Safety Committee and the City of Federal Way / Police Department, effective May 3, 2019 through September 30, 2019 with grant funding to Federal Way not to exceed $3, 000, and authorize the Chief of Police to sign said agreement. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # RESOLUTION # REVISED — 12/2017 79 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: April 9, 2019 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Interagency Agreement between the Washington Traffic Safety Commission (WTSC) and the Federal Way Police Department Financial Impacts: The Washington Traffic Safety Commission will grant the Federal Way Police Department an amount not to exceed $3,000.00 in compensation for the overtime provided in accordance with this Agreement. Background Information: The Federal Way Police Department enforces traffic laws throughout the City to reduce collisions, traffic related crime, and make our streets safer. This is completed by utilizing our day to day staffing level. However, increasing the number of officers on patrol will yield better enforcement results and likely have a larger and longer lasting impact on traffic issues that affect our citizens. The Washington Traffic Safety Commission (WTSC) partners with the United States Department of Transportation (USDOT) and the National Highway Traffic Safety Administration (NHTSA) to offer an excellent opportunity for multijurisdictional high visibility emphasis (HVE) patrols throughout the year with funding from grants. The goal of this King County distracted driving grant is to reduce traffic related deaths, serious injuries, and collisions through HVE patrols with an emphasis on enforcement. Simply put, this King County distracted driving agreement would allow the City of Federal Way to put more of its police officers on the road with these traffic enforcement goals, while knowing it will be reimbursed for the overtime expense. The area of enforcement this agreement emphasizes is distracted driving. SmartField View INTERAGENCY AGREEMENT BETWEEN THE Washington Traffic Safety Commission AND Federal Way Police. Department THIS AGREEMENT is made and entered into by and between the Washington Traffic Safety Commission, hereinafter referred to as "WTSC," and Federal Way Police Department, hereinafter referred to as "SUB - RECIPIENT." NOW THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof, the Parties mutually agree as follows: 1. PURPOSE OF THE AGREEMENT The purpose of this Agreement is to provide funding, provided by the United States Department of Transportation (USDOT) National Highway Traffic Safety Administration (NHTSA) and allowed under the Assistance Listings Catalog of Federal Domestic Assistance (CFDA) numbers 20.616, for traffic safety grant project 2019-HVE-3533-Federal Way Police Department, in support of 2019 -AG 2748 King County Distracted Driving Campaign, specifically to provide funding for the SUB - RECIPIENT to conduct overtime high -visibility enforcement (HVE) traffic safety emphasis patrols as outlined in the Statement of Work (SOW), in support of Target Zero priorities. The Target Zero Manager (TZM) and/or the Law Enforcement Liaison (LEL) shall coordinate the SOW with the SUB - RECIPIENT with the goal of reducing traffic -related deaths and serious injuries. 2. PERIOD OF PERFORMANCE The period of performance of this Agreement shall commence upon the date of execution by both Parties, but not earlier than October 1, 2018, and ?6main in effect until September 30, 2019, unless terminated sooner, as provided herein. 3. STATEMENT OF WORK Note: This statement of work applies only to HVE emphasis areas for which your agency has received HVE funding. GOAL: To reduce traffic related deaths and serious injuries through education of impaired driving, occupant protection, speeding and distracted driving multijurisdictional HVE patrols throughout the state. SCOPE OF WORK: The statewide high visibility enforcement patrols are paired with media participation to engage, deter, and educate drivers about the impacts of making unsafe decisions when driving. Outreach efforts are supported by the WTSC during statewide HVE campaigns. Regional TZMs also support public outreach efforts during locally planned HVE events. Below are descriptions of the Scope of Work for each funding category. The WTSC accepts written requests for moderations to the Scope of Work through the regional Target Zero Manager. HVE Enforcement Plan Requirement: A HVE Mobilization Plan is required prior to all HVE activity. The local traffic safety task force and TZM are responsible for submitting this form to the WTSC HVE Program Manager prior to enforcement activities begin. This form serves as prior approval for HVE events and includes the following information: • Problem statement • Description of enforcement strategy, including expected law enforcement agencies participating in the event, target violation, and target locations • Public outreach strategy • Evaluation plan Law enforcement officers will complete an Emphasis Patrol Activity Log within 48 hours of the completion of the patrols. Statewide Distracted Driving Enforcement: The agency will engage in HVE patrols for all or part of the following campaign: • First round of enforcement - 05.03.2019 • Second round of enforcement - 07.31.2019 With the State of Washington's distracted driving law, these patrols will be important to ensure through education and enforcement that drivers understand and are following the law. These patrols shall be deployed at locations where the data indicates that the most traffic safety benefit can be realized as determined by the local Traffic Safety Task Force. Wherever possible these patrols shall occur in areas with the highest number of past distracted driving violations. Up to 40 percent of funding in this category can be expended outside of the campaign periods. However, the funds must only be used for distracted driving enforcement. Media Contacts: 82 All of these patrols are conducted as part of a highly publicized, educational effort. Publicity campaigns about these patrols are planned to alert the public to the fact that extra patrols are targeting these violations. The WTSC requests that the SUB -RECIPIENT posts traffic safety information to their web -based platforms during statewide and locally coordinated HVE mobilizations. At least one individual must be available for weekend media contacts, beginning at noon on Fridays before mobilizations. 3.1. MILESTONES AND DELIVERABLES Mobilization Dates Distracted Driving • First round of enforcement - 05.03.2019 • Second round of enforcement - 07.31.2019 3.2. COMPENSATION 3.2.1. Compensation for the overtime work provided in accordance with this Agreement has been established under the terms of RCW 39.34. The cost of accomplishing the work described in the SOW will not exceed $3,000.00. Payment for satisfactory performance of the overtime work shall not exceed this amount unless the Parties mutually agree to a higher amount in a written Amendment to this Agreement executed by both Parties. Comp -time is not considered overtime and will not be approved for payment. 3.2.2. WTSC will reimburse for personnel overtime expenses at 150 percent of the officer's normal salary rate plus SUB-RECIPIENT's contributions to employee benefits, limited to the following: . FICA • Medicare • Any portion of L & I that is paid by the employer (SUB -RECIPIENT) • Retirement contributions paid by the employer (SUB -RECIPIENT) can be included if the contribution is based on a percentage of their hours worked Health insurance, or any other benefits not listed above, are not eligible for reimbursement. The SUB -RECIPIENT will provide law enforcement officers with appropriate equipment (e.g., vehicles, radars, breath testers, etc.) to participate in the emphasis patrols. 3.2.3. Funding alterations are permitted as follows: Upon agreement by the regional TZM and all other parties impacted by a proposed budget alteration, the allocation amounts may be increased or decreased without amending the IAA. HVE grant funds are managed in a collaborative approach between the sub recipient and the TZM. These alterations must be documented through email communication between all involved parties, including the TZM, and the WTSC Fiscal Analyst. Funds within the same budget category only, can be increased and decreased across parties, so long as the modified total does not exceed the regfdnal total allocation per funding category. 3.2.4. Up to 40 percent of the statewide enforcement funding can be expended during dates outside of the designated statewide campaign periods. However, impaired driving funds must be used during another national impaired driving enforcement campaign or other large local event. 3.3. SUMMARY OF PROJECT COSTS Funding break down into the following enforcement categories: EMPHASIS PATROL Statewide Distracted Driving Patrols $3,000.00 3.3.1. The funds issued under this Agreement are only to be used for the specified category and shall not be commingled between categories. APPLICABLE STATE AND FEDERAL TERMS AND CONDITIONS: 4. PARTICIPATION REQUIREMENTS AND CONDITIONS For each of the overtime emphasis patrols listed in the Statement of Work, the SUB -RECIPIENT will follow all protocols detailed in the "Multijurisdictional High Visibility Enforcement Protocols," which will be provided by the WTSC. Exceptions to these protocols must be pre -approved by the WTSC prior to the emphasis patrol(s). 5. PERFORMANCE STANDARDS Participating law enforcement officers working overtime hours are expected to make a minimum of three self - initiated contacts per hour of enforcement. The WTSC recognizes that some contacts may result in time- consuming enforcement -related activities, and these activities are reimbursable. Other activities, such as collision investigations or emergency response that are not initiated through emphasis patrol contact WILL NOT be reimbursed. 6. ACTIVITY REPORTS The SUB -RECIPIENT agrees to have all personnel who work HVE patrols submit an officer Emphasis Patrol Logs to their regional TZM, or by other approved means, or by other pre -approved means, within 48 hours of the end of all shifts worked. These same logs will be associated with invoices as detailed in the "BILLING PROCEDURE" section. 7. ADVANCE PAYMENTS PROHIBITED No payments in advance of or in anticipation of goods or services to be provided under this Agreement shall be made by the WTSC. 8. AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the Parties in the form of a written request to amend this Agreement. Such amendments shall only be binding if they are in writing and signed by personnel authorized to bind each of the Parties. Changes to the budget, SUB -RECIPIENT'S Primary Contact, and WTSC Program Manager can be made through email cgvmunication and signatures are not required. 9. ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the Parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the Parties hereto. 10. ASSIGNMENT The SUB -RECIPIENT may not assign the work to be provided under this Agreement, in whole or in part, without the express prior written consent of the WTSC, which consent shall not be unreasonably withheld. The SUB -RECIPIENT shall provide the WTSC a copy of all third -party contracts and agreements entered into for purposes of fulfilling the SOW. Such third -party contracts and agreements must follow applicable federal, state, and local law, including but not limited to procurement law, rules, and procedures. If any of the funds provided under this Agreement include funds from NHTSA, such third -party contracts and agreements must include the federal provisions set forth in this Agreement in sections 34 through 42. 11. ATTORNEYS' FEES In the event of litigation or other action brought to enforce the Agreement terms, each Party agrees to bear its own attorney fees and costs. 12. BILLING PROCEDURE The SUB -RECIPIENT shall submit monthly invoices for reimbursement the TZM with supporting documentation, as WTSC shall require. The TZM will submit all approved invoices to the WTSC via WTSC's online grant management system within 10 days of receipt. All invoices for reimbursement include the following: Form A-19 provided by WTSC or its pre -approved equivalent. The hourly rate of each officer included on the invoice must be identified. Emphasis Patrol Log for each officer. WTSC's Overtime Log or the SUB-RECIPIENT's overtime approval sheets signed by the officer's supervisor Payment to the SUB -RECIPIENT for approved and completed work will be made by warrant or account transfer by WTSC within 30 days of receipt of such properly documented invoices acceptable to WTSC. Upon expiration of the Agreement, any claim for payment not already made shall be submitted within 45 days after the expiration date of this Agreement. All invoices for goods received or services performed on or prior to June 30, 2019, must be received by WTSC no later than August 10, 2019. All invoices for goods received or services performed between July 1, 2019, and September 30, 2019, must be received by WTSC no later than November 15, 2019. 13. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION The SUB -RECIPIENT shall not use or disclose any information concerning the WTSC, or information which maybe classified as confidential, for any purpose not directly connected with the administration of this Agreement, except with prior written consent of the WTSC, or as may be required by law. 14. COST PRINCIPLES Costs incurred under this Agreement shall adhere to provisions of 2 CFR Part 200 Subpart E. 15. COVENANT AGAINST CONTINGENT FEES The SUB -RECIPIENT warrants that it has not paid, and agrees not to pay, any bonus, commission, brokerage, or contingent fee to solicit or secure this Agreement ofbo obtain approval of any application for federal financial assistance for this Agreement. The WTSC shall have the right, in the event of breach of this section by the SUB -RECIPIENT, to annul this Agreement without liability. 16. DISPUTES 16.1. Disputes arising in the performance of this Agreement, which are not resolved by agreement of the Parties, shall be decided in writing by the WTSC Deputy Director or designee. This decision shall be final and conclusive, unless within 10 days from the. date of the SUB-RECIPIENT's receipt of WTSC's written decision, the SUB -RECIPIENT furnishes a written appeal to the WTSC Director. The SUB-RECIPIENT's appeal shall be decided in writing by the Director or designee within 30 days of receipt of the appeal by the Director. The decision shall be binding upon the SUB -RECIPIENT and the SUB -RECIPIENT shall abide by the decision. 16.2. Performance During Dispute. Unless otherwise directed by WTSC, the SUB -RECIPIENT shall continue performance under this Agreement while matters in dispute are being resolved. 17. GOVERNANCE 17.1. This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. 17.2. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: 17.2.1. Applicable federal and state statutes and rules 17.2.2. Terms and Conditions of this Agreement 17.2.3. Any Amendment executed under this Agreement 17.2.4. Any SOW executed under this Agreement 17.2.5. Any other provisions of the Agreement, including materials incorporated by reference 18. INCOME Any income earned by the SUB -RECIPIENT from the conduct of the SOW (e.g., sale of publications, registration fees, or service charges) must be accounted for, and that income must be applied to project purposes or used to reduce project costs. 19. INDEMNIFICATION 19.1. To the fullest extent permitted by law, the SUB -RECIPIENT shall indemnify and hold harmless the WTSC, its officers, employees, and agents, and process and defend at its own expense any and all claims, demands, suits at law or equity, actions, penalties, losses, damages, or costs of whatsoever kind ("claims") brought against WTSC arising out of or in connection with this Agreement and/or the SUB-RECIPIENT's performance or failure to perform any aspect of the Agreement. This indemnity provision applies to all claims against WTSC, its officers, employees, and agents arising out of, in connection with, or incident to the acts or omissions of the SUB -RECIPIENT, its officers, employees, agents, contractors, and subcontractors. Provided, however, that nothing herein shall require the SUB -RECIPIENT to indemnify and hold harmless or defend the WTSC, its agents, employees, or officers to the extent that claims are caused by the negligent acts or omissions of the WTSC, its officers, employees or agents; and provided further that if such claims result from the concurrent negligence of (a) the SUB -RECIPIENT, its officers, employees, agents, contractors, or subcontractors, and (b) the WTSC, its officers, employees, or agents, or involves those actions covered by RCW 4.24.115, the indemnity provisions provided herein shall be valid and enforceable only to the extent of the negligence of the SUB -RECIPIENT, its officers, employees, agents, contractors, or subcontractors. 86 19.2. The SUB -RECIPIENT waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend, and hold harmless the WTSC, its officers, employees, or agents. 19.3. The indemnification and hold harmless provision shall survive termination of this Agreement. 20. INDEPENDENT CAPACITY The employees or agents of each Party who are engaged in the performance of this Agreement shall continue to be employees or agents of that Party and shall not be considered for any purpose to be employees or agents of the other Party. 21. INSURANCE COVERAGE 21.1. The SUB -RECIPIENT shall comply with the provisions of Title 51 RCW, Industrial Insurance, if required by law. 21.2. If the SUB -RECIPIENT is not required to maintain insurance in accordance with Title 51 RCW, prior to the start of any performance of work under this Agreement, the SUB -RECIPIENT shall provide WTSC with proof of insurance coverage (e.g., vehicle liability insurance, private property liability insurance, or commercial property liability insurance), as determined appropriate by WTSC, which protects the SUB - RECIPIENT and WTSC from risks associated with executing the SOW associated with this Agreement. 22. LICENSING, ACCREDITATION, AND REGISTRATI.ON The SUB -RECIPIENT shall comply with all applicable local, state, and federal licensing, accreditation, and registration requirements and standards necessary for the performance of this Agreement. The SUB - RECIPIENT shall complete registration with the Washington State Department of Revenue, if required, and be responsible for payment of all taxes due on payments made under this Agreement. 23. RECORDS MAINTENANCE 23.1. During the term of this Agreement and for six years thereafter, the SUB -RECIPIENT shall maintain books, records, documents, and other evidence that sufficiently and properly reflect all direct and indirect costs expended in the performance of the services described herein. These records shall be subject to inspection, review, or audit by authorized personnel of the WTSC, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other material relevant to this Agreement will be retained for six years after expiration. The Office of the State Auditor, federal auditors, the WTSC, and any duly authorized representatives shall have full access and the right to examine any of these materials during this period. 23.2. Records and other documents, in any medium, furnished by one Party to this Agreement to the other Party, will remain the property of the furnishing Party, unless otherwise agreed. The receiving Party will not disclose or make available this material to any third Parties without first giving notice to the furnishing Party and giving them a reasonable opportunity to respond. Each Party will utilize reasonable security procedures and protections to assure that records and documents provided by the other Party are not erroneously disclosed to third Parties. 24. RIGHT OF INSPECTION The SUB -RECIPIENT shall provide right of access to its facilities to the WTSC or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Agreement. The SUB -RECIPIENT shall make available information necessary for WTSC to comply with the right to access, amend, and receive an accounting of disclosures of their Personal Information according to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or any regulations enacted or revised pursuant to the HIPAA provisions and applicable provoons of Washington State law. The SUB -RECIPIENT shall upon request make available to the WTSC and the United States Secretary of the Department of Health and Human Services all internal policies and procedures, books, and records relating to the safeguarding, use, and disclosure of Personal Information obtained or used as a result of this Agreement. 25. RIGHTS IN DATA 25.1. WTSC and SUB -RECIPIENT agree that all data and work products (collectively called "Work Product") pursuant to this Agreement shall be considered works made for hire under the U.S. Copyright Act, 17 USC §101 et seq., and shall be owned by the state of Washington. Work Product includes, but is not limited to, reports, documents, pamphlets, advertisement, books, magazines, surveys, studies, computer programs, films, tapes, sound reproductions, designs, plans, diagrams, drawings, software, and/or databases to the extent provided by law. Ownership includes the right to copyright, register the copyright, distribute, prepare derivative works, publicly perform, publicly display, and the ability to otherwise use and transfer these rights. 25.2. If for any reason the Work Product would not be considered a work made for hire under applicable law, the SUB -RECIPIENT assigns and transfers to WTSC the entire right, title, and interest in and to all rights in the Work Product and any registrations and copyright applications relating thereto and any renewals and extensions thereof. 25.3. The SUB -RECIPIENT may publish, at its own expense, the results of project activities without prior review by the WTSC, provided that any publications (written, visual, or sound) contain acknowledgment of the support provided by NHTSA and the WTSC. Any discovery or invention derived from work performed under this project shall be referred to the WTSC, who will determine through NHTSA whether patent protections will be sought, how any rights will be administered, and other actions required to protect the public interest. 26. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to completion of the SOW under this Agreement, the WTSC may terminate the Agreement under the "TERMINATION FOR CONVENIENCE" clause, without the 30 -day notice requirement. The Agreement is subject to renegotiation at the WTSC's discretion under any new funding limitations or conditions. 27. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared to be severable. 28. SITE SECURITY While on WTSC premises, the SUB -RECIPIENT, its agents, employees, or sub -contractors shall conform in all respects with all WTSC physical, fire, or other security policies and applicable regulations. 29. TAXES All payments of payroll taxes, unemployment contributions, any other taxes; insurance, or other such expenses for the SUB -RECIPIENT or its staff shall be the sole responsibility of the SUB -RECIPIENT. 30. TERMINATION FOR CAUSE If the SUB -RECIPIENT does not fulfill in a timely and proper manner its obligations under this Agreement or violates any of these terms and conditions, the WTSC wail give the SUB -RECIPIENT written notice of such failure or violation, and may terminate this Agreement immediately. At the WTSC's discretion, the SUB- RECIPIENT may be given 15 days to correct the violation or failure. In the event that the SUB -RECIPIENT is given the opportunity to correct the violation and the violation is not corrected within the 15 -day period, this Agreement may be terminated at the end of that period by written notice of the WTSC. 31. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Agreement, either Party may terminate this Agreement, without cause or reason, with 30 days written notice to the other Party. If this Agreement is so terminated, the WTSC shall be liable only for payment required under the terms of this Agreement for services rendered or goods delivered prior to the effective date of termination. 32. TREATMENT OF ASSETS 32.1. Title to all property furnished by the WTSC shall remain property of the WTSC. Title to all property furnished by the SUB -RECIPIENT for the cost of which the SUB -RECIPIENT is entitled to be reimbursed as a direct item of cost under this Agreement shall pass to and vest in the WTSC upon delivery of such property by the SUB -RECIPIENT. Title to other property, the cost of which is reimbursable to the SUB -RECIPIENT under this Agreement, shall pass to and vest in the WTSC upon (i) issuance for use of such property in the performance of this Agreement, or (ii) commencement of use of such property in the performance of this Agreement, or (iii) reimbursement of the cost thereof by the WTSC in whole or in part, whichever first occurs. 32.2. Any property of the WTSC furnished to the SUB -RECIPIENT shall, unless otherwise provided herein or approved by the WTSC, be used only for the performance of this Agreement. 32.3. The SUB -RECIPIENT shall be responsible for any loss or damage to property of the WTSC which results from the negligence of the SUB -RECIPIENT or which results from the failure on the part of the SUB - RECIPIENT to maintain and administer that property in accordance with sound management practices. 32.4. If any WTSC property is lost, destroyed, or damaged, the SUB -RECIPIENT shall immediately notify the WTSC and shall take all reasonable steps to protect the property from further damage. 32.5. The SUB -RECIPIENT shall surrender to the WTSC all property of the WTSC upon completion, termination, or cancellation of this Agreement. 32.6. All reference to the SUB -RECIPIENT under this clause shall also include SUB-RECIPIENT's employees, agents, or sub -contractors. 33. WAIVER A failure by either Party to exercise its rights under this Agreement shall not preclude that Party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement. APPLICABLE CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS (23 CFR PART 1300 APPENDIX A): 34. BUY AMERICA ACT The SUB -RECIPIENT will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using federal funds. Buy America requires the SUB -RECIPIENT to purchase only steel, iron, and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent.8bi order to use federal funds to purchase foreign produced items, the WTSC must submit a waiver request that provides an adequate basis and justification, and which is approved by the Secretary of Transportation. 35. DEBARMENT AND SUSPENSION Instructions for Lower Tier Certification 35.1. By signing this Agreement, the SUB -RECIPIENT (hereinafter in this section referred to as the "lower tier participant") is providing the certification set out below and agrees to comply with the requirements of 2 CFR part 180 and 23 CFR part 1300. 35.2. The certification in this section is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 35.3. The lower tier participant shall provide immediate written notice to the WTSC if at any time the lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 35.4. The terms covered transaction, debarment, suspension, ineligible, lower tier, participant, person, primary tier, principal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Covered Transactions sections of 2 CFR part 180. 35.5. The lower tier participant agrees by signing this Agreement that it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by NHTSA. 35.6. The lower tier participant further agrees by signing this Agreement that it will include the clause titled "Instructions for Lower Tier Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions, and will require lower tier participants to comply with 2 CFR part 180 and 23 CFR part 1300. 35.7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is riot proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non -procurement Programs. 35.8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 35.9. Except for transactions authorized under paragraph 35.5. of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, the department or ageaf& with which this transaction originated may disallow costs, annul or terminate the transaction, issue a stop work order, debar or suspend you, or take other remedies as appropriate. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions 35.10. The lower tier participant certifies, by signing this Agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. 35.11. Where the lower tier participant is unable to certify to any of the statements in this certification, such participant shall attach an explanation to this Agreement. 36 THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103) 36.1. The SUB -RECIPIENT shall: 36.1.1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace, and shall specify the actions that will be taken against employees for violation of such prohibition. 36.1.2. Establish a drug-free awareness program to inform employees about the dangers of drug abuse in the workplace; the SUB-RECIPIENT's policy of maintaining a drug-free workplace; any available drug counseling, rehabilitation, and employee assistance programs; and the penalties that may be imposed upon employees for drug violations occurring in the workplace. 36.1.3.. Make it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph 36.1.1. of this section. 36.1.4. Notify the employee in the statement required by paragraph 36.1.1. of this section that, as a condition of employment under the grant, the employee will abide by the terms of the statement, notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction, and notify the WTSC within 10 days after receiving notice from an employee or otherwise receiving actual notice of such conviction. 36.1.5. Take one of the following actions within 30 days of receiving notice under paragraph 36.1.3. of this section, with respect to any employee who is so convicted: take appropriate personnel action against such an employee, up to and including termination, and/or require such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency. 36.1.6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above. 37 FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) In accordance with FFATA, the SUB -RECIPIENT shall, upon request, provide WTSC the names and total compensation of the five most highly compensated officers of the entity, if the entity in the preceding fiscal year received 80 percent or more of its annual gross revenues in federal awards, received $25,000,000 or more in annual gross revenues from federal awards, and if the public does not have access to information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 or section 6104 of the Internal Revenue Code of 1986. 91 38. FEDERAL LOBBYING 38.1. The undersigned certifies, to the best of his or her knowledge and belief, that: 38.1.1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 38.1.2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. 38.1.3. The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including sub -contracts, sub -grants, and contracts under grant, loans, and cooperative agreements), and that all sub -recipients shall certify and disclose accordingly. 38.2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 39. NONDISCRIMINATION 39.1. During the performance of this Agreement, the SUB -RECIPIENT agrees: 39.1.1. To comply with all federal nondiscrimination laws and regulations, as may be amended from time to time. 39.1.2. Not to participate directly or indirectly in the discrimination prohibited by any federal non- discrimination law or regulation, as set forth in Appendix B of 49 CFR Part 21 and herein. 39.1.3. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the WTSC, USDOT, or NHTSA. 39.1.4. That, in the event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/funding Agreement, the WTSC will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies, and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part. 39.1.5. To insert this clause, including all paragraphs, in every sub -contract and sub -agreement and in every solicitation for a sub -contract or sub -agreement that receives federal funds under this program. 40 POLITICAL ACTIVITY (HATCH ACT) The SUB -RECIPIENT will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. 92 41. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE The SUB -RECIPIENT will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. This Agreement does not include any aspects or elements of helmet usage or checkpoints, and so fully complies with this requirement. 42. STATE LOBBYING None of the funds under this Agreement will be used for any activity specifically designed to urge or influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any state or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a state official whose salary is supported with NHTSA funds from engaging in direct communications with state or local legislative officials, in accordance with customary state practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. 43. DESIGNATED CONTACTS The following named individuals will serve as designated contacts for each of the Parties for all communications, notices, and reimbursements regarding this Agreement: The Contact for the SUB -RECIPIENT is: The Contact for WTSC is: Brigham Schulz Erika Mascorro Brigham.schulz@cityoffederalway.com emascorro@wtsc.wa.gov 253-835-6743 360-725-9860 ext. 44. AUTHORITY TO SIGN The undersigned acknowledgment that they are authorized to execute this Agreement and bind their respective agencies or entities to the obligation set forth herein. IN WITNESS WHEREOF, the parties have executed this Agreement. Federal Way Police Department Signature Printed Name Title Date WASHINGTON TRAFFIC SAFETY COMMISSION 93 Signature Printed Name Title Date 94 SUBJECT: MOU between Twin Lakes Plaza, LLC and The City of Federal Way POLICY QUESTION: Should the City of Federal Way, Federal Way Police Department (FWPD) enter into an Agreement with Twin Lakes Plaza, LLC for a FWPD Substation at no cost to the City? COMMITTEE: PRHS&PSC MEETING DATE: April 9, 2019 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: K le Sum ter, Deputy.Chief of Police DEPT: Police Department ............._.._.................................. .............. .._._ Attachments: 1. Staff Memo 2. MOU between Twin Lakes Plaza, LLC and the City of Federal Way Options Considered: 1. Accept the MOU 2. Reject the MOU MAYOR'S RECOMMENDATION: Option 1 — Accept the MOU between Twin Lakes Plaza and the City of ........................... ........................... ................................... ............................. _................ ............................... .......................................... ................... ........ ................................ ............. ..................... _.._..................... ..................... .................... .............................................. ............. __....... _._._._.._ .................. ..._._._..... Federal Way MAYOR APPROVAL: IRECTOR APPROVAL: COMMITTEE RECOMMENDATION: I move to forward the MOU between Twin Lakes Plaza and the City of Federal Way to the April 16, 2019 consent agenda for approval. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: I move approval of the MOU between Twin Lakes Plaza and the City of Federal Way for a FWPD Substation, and authorize the Mayor to execute said agreement. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 08/12/2010 RESOLUTION # 95 CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: April 9, 2019 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: MOU between Twin Lakes Plaza, LLC and the City of Federal Way, Washington Financial Impacts: The secure office space at 3420 S. 320th Street will house the Twin Lakes Substation for FWPD officers at no cost to the City. Background Information: The President of Puget Sound Commercial, representing Twin Lakes Plaza, LLC, communicated to the Federal Way Police Department (FWPD) that they had secure space available that could be used as a FWPD Substation. Utilizing this secure space would be mutually beneficial and provide an enhanced community presence in the Twin Lakes area. Twin Lakes Plaza, LLC will provide the secure office space at no cost to the City and parking for police vehicles will be available. FWPD officers will utilize the space for administrative tasks, and when available, provide assistance with law enforcement issues arising at the Twin Lakes Site. The term of this MOU is from April 1, 2019 through March 31, 2020. MEMORANDUM of UNDERSTANDING BETWEEN TWIN LAKES PLAZA, LLC AND THE CITY of FEDERAL WAY, WASHINGTON THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made this day of 2019 by and between the undersigned representatives of the City of Federal Way, a Washington Municipal Corporation ("City"), and Twin Lakes Plaza, LLC. RECITALS: WHEREAS, in January 2019 Courtland Pixton, representing Twin Lakes Plaza, LLC and Puget Sound Commercial Real Estate Service, communicated to the Federal Way Police Department (FWPD) that commercial space at the Twin Lakes Plaza, specifically 3420 S. 320th Street, #B-2, Federal Way, WA could be used as a FWPD Twin Lakes Substation (TLS); and WHEREAS, the parties agree that providing office space for FWPD officers to use in the TLS facility would be mutually beneficial for all involved parties and enhance the police department's community presence; NOW, THEREFORE, in consideration of the mutual agreements and covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which hereby are acknowledged, it is mutually agreed and covenanted, by and between the parties to this Agreement, as follows: I. Twin Lakes Plaza, LLC will: a. Provide one secure office space at 3420 S. 320th Street, #B-2 as the Twin Lakes Substation for FWPD officers at no cost to the City. This space will be located on the ground floor and will have a lockable, keyless entry. b. Provide parking space for FWPD vehicles adjacent to S. 320 Street during regular business hours; and allow parking near the B building after hours. c. Work directly with FWPD on any questions, concerns or needs that they have within the scope of this MOU. II. City, through the Federal Way Police Department, will: a. Encourage FWPD law enforcement officers to utilize the designated office at the Twin Lakes Plaza to complete administrative and other tasks as it relates to their shift work at the officer's discretion. 97 b. Officers using TLS will park their police vehicles in regular parking spaces at Twin Lakes Plaza adjacent to S. 320th Street during regular business hours, and park near the B building after hours. c. When on site, provide assistance with law enforcement issues arising at the TLS site subject to officer availability. d. Install one sign on the front window of TLS, indicating the office space is a FWPD substation. III. Term and Termination. The term of this MOU shall commence on the date written above and shall continue until March 31 st, 2020. Any party to this agreement may terminate it with 30 -days written notice to the other party. Barring any written notice to terminate, this MOU will automatically renew annually. IV. Modifications in writing. All changes to this agreement will be agreed to in writing by the parties. V. Indemnification. a. Twin Lakes Plaza, LLC agrees to release indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or in connection with this Agreement or the performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of Twin Lakes Plaza, LLC's negligence. b. The City agrees to release, indemnify, defend and hold Twin Lakes Plaza, LLC, their officers, directors, shareholders, partners, employees, agents, representatives, and sub -contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this MOU to the extent solely caused by the negligent acts, errors, or omissions of the City. c. Each party agrees that it will notify the other parties immediately both orally and in writing of any events, complaints or occurrences of any kind arising from the activities and/or content of this MOU, which would likely give rise to a claim or W action against the other party. The provisions of this section shall survive the expiration or terminations of this MOU with respect to any event or damage or injury occurring prior to such expiration or termination. If to Twin Lakes, LLC: Attn: Courtland Pixton Puget Sound Commercial 331919 9t" Ave. S., Suite 201 Federal Way, WA 98003 Email: pixton@pugetsoundcommercial.com If to City: Attn: Chief of Police Andy Hwang 33325 8th Ave. S. Federal Way, WA 98003 VI. Governing Law. This MOU shall be governed by and construed in accordance with the laws of the State of Washington IN WITNESS WHEREOF, Twin Lakes Plaza, LLC, and the City have executed this Memorandum of Understanding as of the day and year first written above by their duly authorized representatives. CITY OF FEDERAL WAY: DATE: APPROVED AS TO FORM: TWIN LAKES PLAZA, LLC: WE DATE: STATE OF WASHINGTON ) ss. COUNTY OF ) ATTEST: Jim Ferrell, Mayor Stephanie Courtney, CMC, City Clerk J. Ryan Call, City Attorney Courtland Pixton On this day personally appeared before me , to me known to be the of that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of Notary's signature: Notary's printed name: Notary Public in and for the State of Washington. My commission expires 100 F1 n r fD "O rD =r v r+ CD cu �. > N D (D D (D v LA3 2 O O =' N rDLn � N• 3 o :i O H• rD � O < D .-. \ y n W p` 0 Ci =. N °*. v 00 o' O O v v rr rF r_+ CA n O ;:w �N (D _O ^ C O rD fl7 3 v rD r+ O �\ A (�0 p (, UQ v O � � O `< D n r+ A -0 m rD r ,�+ - p O 3 r -r, �► n v p rDLn 3 V o - N oQ = r (D m N n a n� ` < M rrDD rD Gr0 � F• v � a n — z in• O =r n < OO C7 C rD _ 3 O N (D N• cu. N N Q �• -% O .� A• rD G1 D (7 N Ln O � N (D = O 00 a' O 3 A et ^ N � N N N to �"' Cmsc MULTI -SERVICE CENTER Funder/Program: City of Federal Way (Dept of Commerce contract)/ Motel voucher program Agency: Multi -Service Center Reporting Period: Q1 Jan -March MSC Contact: Maju Qureshi, maiuq@mschelps.org Number of households served: 10 families -17 adults and 23 children Federal Way motels used: Quality Inn, Days Inn, Econo Lodge and Extended Stay Federal Way Kent motels used: Hometowne Studios Narrative MSC staff member on the project, Marian Omar, has provided assistance to 10 families through the Federal Way motel voucher program. Marian has provided resource navigation services to all families and connected them to other wraparound supports to assist them in finding options for permanent housing. Families that are currently being served by the program face a multitude of barriers such as chronic homelessness, limited income, mental health concerns, domestic violence, disabilities and lack of employment. Three of the families served are co -enrolled in another MSC program called Schoolhouse Washington, a partnership program between MSC and FWPS to provide supports to families enrolled in McKinney Vento services. Some of the program challenges include customers feeling unsafe in the motel lobby, lack of amenities for long term motel stay (eg: no microwave in units to heat baby formula or food), confidentiality concerns and communication between motel management and MSC staff. MSC management will work on improving and maintaining the partnership with motel management so as to continue to provide services to Federal Way neighbors in need. Council Meeting Live Stream Statistics Council Meeting Date Total Views (all time, including laybacks) Average Concurrent Viewers (live stream) Peak Concurrent Viewers (live stream) 01/02/18 Regular 330 N/A N/A 01/16/18 Special 49 N/A N/A 01/16/18 Regular 123 N/A N/A 02/06/18 Regular 219 N/A N/A 02/20/18 Special 88 N/A N/A 02/20/18 Regular 329 N/A N/A 03/06/18 Regular 129 N/A N/A 03/20/18 Regular 271 N/A N/A 04/03/18 Regular 226 8 12 04/17/18 Regular 271 11 21 05/01/18 Special 45 2 5 05/01/18 Regular 104 5 11 05/15/18 Special 48 4 5 05/15/18 Regular 149 10 17 05/29/18 Special Budget 85 3 7 06/05/18 Special 56 5 7 06/05/18 Regular 179 5 13 06/19/18 Special 88 0 5 06/19/18 Regular 240 10 23 07/03/18 Regular 226 9 15 07/17/18 Special 111 8 8 07/17/18 Regular 199 0 9 08/14/18 Regular 295 7 15 09/04/18 Regular 320 4 19 09/18/18 Regular 214 5 11 09/26/18 Budget Workshop 80 /Study Session 5 7 09/27/18 Budget Workshop 120 /Study Session 5 9 10/02/18 Special 75 6 6 10/02/18 Regular 193 9 11 10/16/18 Special 29 4 5 10/16/18 Regular 114 6 12 10/23/18 Special Budget 88 5 6 10/30/18 Special Budget 227 7 11 11/06/18 Regular 356 4 20 11/20/18 Regular 447 6 32 12/04/18 Regular 382 10 24 01/02/19 Special 209 11 12 01/02/19 Regular 291 5 15 01/15/19 Regular 155 7 13 02/05/19 Special 80 6 8 02/05/19 Regular 171 12 14 02/19/19 Special 109 4 7 02/19/19 Regular 264 8 14 03/05/19 Regular 142 5 11 03/19/19 Special 56 6 6 03/19/19 Regular 359 6 20 04/02/19 Special 49 6 9 04/02/19 Regular 133 6 11 AVERAGE 1 177.56 6.125 12.15 Council Committee Meeting Broadcast Cost: • $150/meeting — average 4/5 hours (including setup/takedown; no post production) • Utilize the City's cameras • Utilize City's laptop and livestream equipment • Need to purchase mic system and mixer ($30,000) o If rented—estimate $800-1000/meeting Performing Arts and Event Center Presenter: Autumn Gressett Monthly Report — March 2019 Presented at Parks, Recreation, Human Services & Public Safety Committee April 9, 2019 5:00 pm • Follow up items from report on March 12 ■ VisitFW.com link added to PAEC website ■ 18 Sundays utilized in 2018 • 20 days facility rented/utilized • Theater Rentals/PAEC Presents Held in March ■ Monday Evenings —Jet Cities Chorus — Rehearsals ■ Wednesday Evenings — FW Youth Symphony Rehearsals ■ 3/3 — Mariachi Sol de Mexico — 409 tickets ■ 3/4 - Mariachi Sol de Mexico Arts 4 Youth Student Matinee —438 Tickets ■ 3/9 — FW Youth Symphony —153 tickets ■ 3/10 — FW Symphony — 210 tickets ■ 3/18-21—Tacoma City Ballet Rehearsals ■ 3/22-3/24 —Tacoma City Ballet Pinocchio — 3 performances 964 tickets ■ 3/28 — An Evening with CS Lewis — 346 Tickets • Total Theater Attendance — 2,677 (** All ticket counts include comps) • Event Space Rentals Held in March ■ 3/1-2 — Northpoint Co -Op Preschool Fundraiser Banquet - 200 ■ 3/12 — Sound Transit 150 • GM — attended monthly Chamber Luncheon • GM & Director Sales & Marketing have met with Hoteliers — Best Western and Hampton Inn to discuss partnerships. • GM & Director Sales & Marketing held group tours with Advancing Leadership and Western Educators Assoc. • GM, Contract Administrator and PAEC Staff have met with 3 of the 6 Resident Artist Groups to discuss previous season and upcoming season performances. • Show Announcements ■ We Will Rock You — October 1" ■ Los Lobos — October 5th (PAEC Foundation Gala Event) March Marketing Data: Radio TV KISW 99.9 KCTS 9 Print Digital Showcase Media KCTS 9 South Sound South Sound KISW 99.9 Showcase