AG 19-215 - UW RETURN TO: EXT:
CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM
ORIGINATING DEPT./DIV: POLICE DEPARTMENT
ORIGINATING STAFF PERSON: LYNETTE ALLEN EXT: 6701 3. DATE REQ.BY: ASAP
TYPE OF DOCUMENT(CHECK ONE):
❑ CONTRACTOR SELECTION DOCUMENT(E.G.,RFB,RFP,RFQ)
❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT
❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT
❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES/CDBG
❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT(E.G.BOND RELATED DOCUMENTS)
❑ ORDINANCE ❑ RESOLUTION
❑ CONTRACT AMENDMENT(AG#): ❑ INTERLOCAL
X OTHER
PROJECTNAME: UNIVERSITY OF WASIIIN(.,ION SLIO]CESAGREEMENT
NAME OF CONTRACTOR:UNIVERSITy OFWASMING ION(UW)
ADDRESS: 1117 NE BOAT ST..SEATTLE,WA T ELEPHONE:
E-MAIL: FR ITZI-4-1.4-4-I ti.IA)U (FRITZI ANDREWS,DIRECTOR OF HR) FAX:
SIGNATURE NAME: JOHN VINSON TITLE: CHIEF OF POLICE
EXHIBITS AND ATTACHMENTS:❑ SCOPE,WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ALL
OTHER REFERENCED EXHIBITSROOF F AUTHORITY TO SIGN ❑ REQUIRED LICENSES El PRIOR CONTRACT/AMENDMENTS
TERM: COMMENCEMENT DATE: 2019 �9 COMPLETION DATE: DECEMBER 31,2021
TOTAL COMPENSATION UW WILL PAY CITY FOR OFFICERS (INCLUDE EXPENSES AND SALES TAX,IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE-ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE:❑YES ❑NO IF YES,MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED ❑YES ❑NO IF YES,$ PAID BY:❑CONTRACTOR❑CITY
RETAINAGE: RETAINAGE AMOUNT: ❑RETAINAGE AGREEMENT1SEE CONTRACT) OR ❑RETAINAGE BOND PROVIDE
❑ PURCHASING: PLEASE CHARGE TO:
0. DOCUMENT/CONTRACT REVIEW INITIAL./DA11-1 R EVIEWED IN,ITI,AI_'-'D-,NT EA P PROVED
❑ PROJECT MANAGER
❑ DIRECTOR
❑ RISK MANAGEMENT (IF APPLICABLE)
❑ LAW 7�1Rr~ H
1. COUNCIL APPROVAL(IF APPLICABLE) SCHEDULED COMMITTEE DATE: COMMITTEE APPROVAL DATE:
SCHEDULED COUNCIL DATE: COUNCIL APPROVAL DATE:
2. CONTRACT SIGNATURE ROUTING
❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE RECD:
❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE,LICENSES,EXHIBITS
❑ CREATE ELECTRONIC REMINDER/NOTIFICATION FOR I MONTH PRIOR TO EXPIRATION DATE
(Include dept.support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.)
INITIAL/DATE SIGNED
❑ LAW DEPARTMENT olec JK I Is/
❑ SIGNATORY(MAYOR OR DIRECTOR) 1W+ 124 0,A
❑ CITY CLERK Aj id 0 144,
❑ ASSIGNED AG# AG# y
❑ SIGNED COPY RETURNED DATE SENT:
;OMMENTS:
1/2018
City of Federal Way
EXTRA DUTY POLICE SERVICES AGREEMENT
This agreement is made and entered into this V2 day of A ot : o s 2019 by and
between the City of Federal Way, Washington (hereafter "City") and Ui versify of Washington
(UW).
WHEREAS, the University of Washington operations occur in and around the City of
Seattle;
WHEREAS, the University of Washington seeks to contract with the City for police
related services or assistance to support University of Washington sporting events; and
WHEREAS, the City normally has resources available and is able to provide duly
commissioned law enforcement officers to provide police related services to the University of
Washington subject to the terms and conditions set forth in this Agreement and the approval of
the City's Chief of Police or Designee; and
WHEREAS, the duly commissioned officers who may provide such service will be
assigned to extra duty under this contract during their off-duty hours which will not conflict with
their law enforcement obligation to the City; and
WHEREAS, the parties intend that the City be reimbursed, as nearly as possible for its
cost of providing policing services to the University of Washington and that there shall be neither
profit nor subsidy in the rates for such services; and
WHEREAS, the parties are authorized to enter into this agreement by virtue of RCW
39.34 and 35.02.225;
NOW,THEREFORE,the parties agree as follows;
1. PURPOSE.
The purpose of this agreement is for the City to provide the University of Washington
with law enforcement services through the Federal Way Police Department (FWPD). It is the
intent of all parties that the services provided herein shall be provided in conjunction with the
University of Washington's Police Department to provide law enforcement services to support
University of Washington.
2, SCOPE OF PERFORMANCE.
The City shall provide the University of Washington with extra duty police officer
services upon request by the University of Washington Police Department. The parties
acknowledge that the number of officers and number of hours requested by the University of �.
Washington may fluctuate 'depending on the University of Washington needs, and the City's I
Chief of Police and University of Washington's Chief of Police shall work together to I
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i
determine the appropriate staffing level. Service provided by the City will be as generally
described below:
(a) Number of officers: As requested by the University of Washington
subject to the approval of the City's Chief of Police. For planning
purposes in the first year of this Agreement,the City's Chief of Police
has agreed to no more than 6 officers.
(b) Hours and dates to be worked: will vary depending on the dates and
times of the University of Washington games.
(c) Specific location of service. As requested by the University of
Washington, subject to the approval of the City's Chief of Police. The
University of Washington requests service at the University of
Washington(3939 15Th Avenue NE, Seattle,WA.).
(d) Duty of Officers: The officers assigned to support the University of
Washington in this agreement shall provide law enforcement services
for various football games, at the discretion of the City's Chief of
Police. Such services shall include but are not limited to addressing
issues of safety and security. Service also includes ensuring the safety
and security of the patrons, employees, staff and visitors to the
University of Washington games. FWPD officers are expected to be
at the University of Washington game locations serving as a visual
deterrent and liaison to the patrons and employees for a majority of
the work shift. These services shall be provided in full uniform and
shall be accompanied by a marked or other authorized police vehicle.
It is the expectation of the parties that the officers scheduled for a pre-
determined shift will be present to complete his/her shifts, except for
the following circumstances: agency callback, late call/report from
primary employment, family emergency, personal illness, all of
which will bo cou.sidereci excused. The officers understand that it is
their responsibility to make appropriate notification to FWPD
management and attempt to find a replacement for their shifts.
(e) The City shall furnish and supply all necessary personnel,
supervision, equipment, uniforms, communication equipment,
vehicles and supplies necessary to maintain the level of service to
be rendered hereunder, and shall pay all salaries and employee
benefits and other costs in connection therewith.
(f) The City shall maintain all records relating to the administration of
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this agreement and staffing for same,
3, ADMINISTRATION OF PERSONNEL.
All personnel assigned to the University of Washington shall be employed by the
City and governed by the City and FWPD laws, rules, policies and collective bargaining
agreements. Recruitment, replacement, and performance of all personnel shall be in
accordance with such City laws, rules, policies, and agreement; provided however, that
the University of Washington may communicate performance concerns of City personnel
to the City. Any assignment or re-assignment of personnel will be at the sole discretion of
the City's Chief of Police.
4. CONTRACT TERM.
The term of performance of the contract shall be from August 15, 2019 through
December 31, 2021.
Either party may terminate this Agreement for any reason and at any time when,
in its sole discretion, it is in the best interest of the terminating party, by giving one
hundred twenty(120) days prior written notice to the other party,
5. COMPENSATION.
The University of Washington shall pay the City full reimbursement for all police
services furnished under this contract, a fee of $72.50 per hour, per officer; $75.71 per
hour, per Corporal; and $94,25 per hour, per Lieutenant in calendar year 2019. On the
following holidays the hourly rate shall be $96.67 for officer, $100.94 for Corporal and
$125.67 for Lieutenant; January 1 (New Year's Day), July 4 (Independence Day),
Thanksgiving Day, the day after Thanksgiving, December 24, December 25 (Christmas Day)
and December 31.
The hourly rates shall be increased by the same percentage of pay increase in the
Federal Way police Guild and Lieutenants bargaining agreements with the City.
6. PAYMENT,
The University of Washington shall reimburse the City for law enforcement
services described herein pursuant to the all-inclusive payment rate shown above. The
City shall invoice The University of Washington on or about the 30th of the month
following the service and include detailed service information, including actual service
hours. Payment shall be made by a check payable to the City of Federal Way and sent to
the City within thirty (30) calendar days after receipt of invoice. Payments will include a
processing fee of $10.00 per month. Payments to the City that are received later than
thirty (30) days following the invoice dates shall accrue interest at the rate of twelve
percent (12%) per annum on the balance due, All payments shall first be applied to the
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UW-Federal Way PD
accrued interest,
The University of Washington shall not be financially liable for scheduled law
enforcement services which are not actually performed if non-performance occurred
because an officer was unable to complete his shift, However, the University of
Washington is financially liable for scheduled law enforcement services at the designated
hourly minimum in all other circumstances.
7. COORDINATION WITH CHIEF OF POLICE.
The UW Chief of Police or designee will be tasked with coordinating all law
enforcement efforts along with the City's FWPD officers, It shall be the responsibility of
the UW Chief of Police to determine the appropriate coverage, amount of hours, and
type of work needed by FWD officers to support the University of Washington
sporting events. The UW Chief of Police will coordinate with the City's Chief of Police
as needed, to ensure appropriate levels of law enforcement coverage.
8. DUTY STATUS.
Each police officer assigned to work,pursuant to this contract, is subject to call or
assignment elsewhere by the City's Chief of Police or the Chief's designee, at any time
for emergencies, special assignment, or overtime duty. Extra duty employment shall not
infringe or interfere with the officer's primary obligations associated with his or her
employment obligations to the City.
9, ADHERENCE TO CITY POLICIES AND PROCEDURES-SCOPE OF WORK
Police officers engaged in extra duty employment are obligated to discharge all duties
of their office and adhere to the City's police department policies and procedures at all times.
Such officers shall obey, uphold and enforce the laws of the City and State of Washington and
the Constitutions of the State of Washington and the United States of America at all times.
Such officers shall understand that while they are on duty or engaged in extra duty assignment
under this contract,they may remain subject to the supervision, direction, and/or discipline by
the City, and subject to any applicable collective bargaining agreement in effect with the City.
Police officers performing work pursuant to this contract shall only provide law
enforcement/peacekeeping services as specified in Section 2(d) of this contract and they are at
all times while performing said services subject to the direction and control of the City police
department only.
10.NO SPECIAL DUTY TO CONTRACTOR OR OTHERS.
Police officers on extra duty assignment have a primary obligation to the City,not the
University of Washington. They are expected to discharge all duties of their office while
performing pursuant to this contract and are not required to perform any non-law
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UW-Federal Way PD
enforcement/peacelceeping functions for the University of Washington. Furthermore, this
contract and performance thereof by City police officers shall not create any special
relationship with any person or duties to protect any specific persons from harm or injury
including the party signing this contract. The law enforcement/peacelceeping duties to be
performed pursuant to this contract are the same in extent and scope as those provided by
police officers to every member of the public.
11. NONDISCRIMINATION.
The parties shall not discriminate on the basis of race, color, sex, religion, national
origin, creed, age or the presence of any sensory, mental or physical handicap. The City and
the University of Washington certify that they are Equal Opportunity Employers.
12, INDEPENDENT CONTRACTOR.
The City is, and shall at all times be deemed to be, an independent contractor.Nothing
herein contained shall be construed as creating the relationship of employer and employee, or
l,rincipal and agent, beturccn the Lte14versit_y of Washington and Elie City or any of the City's
alTents or employees. The City shall ret.rin ::11 authority tor Eeiiditiorn of services, standards of
performance, control of personnel, and ether niatl.crs itrc=_tient to tilt, perforn:ran.ce of
services by the City pursuant to this Agreement.
Nothing in this agreement shall make any employee of the University of
Washington a City employee or any employee of the City a University of Washington
employee for any purpose, including, but not limited to, for withholding of taxes,
payment of benefits, worker's compensation pursuant to Title5l RCW, or any other rights
or privileges accorded City or University of Washington employees by virtue of their
employment.
13. INSURANCE COVERAGE.
The City shall maintain at all times during the course of this agreement a general
liability insurance policy or other comparable coverage with a self-insured retention of no
more than$500,000.00 and a policy limit of no less than$5,000,000.00 dollars.
14. LIABILITY AND INDEMNIFICATION.
Each party shall be responsible and liable for the consequences of any act or
I
failure to act on the part of itself, its employees or officers. While providing services S
hereunder, the acts or omissions of extra duty officers in the course and scope of
supporting or otherwise providing services to the University of Washington under this
Agreement shall be deemed to be acts or omissions of City employees which shall be the
sole responsibility of the City. Each party shall be responsible for its own negligence and
that of its employees. Each party shall defend, indemnify and save harmless, the other
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UW-Federal Way PD
party or the other party's officers, employees and agents from any and all costs, claims,
judgments or awards of damages, resulting or arising from the acts or omissions of the
indemnifying party, its officers or employees arising out of or in connection with the
performance of this agreement. This indemnity provision shall survive the expiration or
termination of this Agreement.
15, DISPUTE RESOLUTION.
In the event of a dispute in the administration of this agreement, the UW Chief
of Police or designee shall discuss the dispute with the City's Chief of Police in an
attempt to resolve the problem. If the University of Washington and the City are unable
to resolve a claim or dispute stemming from this Agreement, the parties agree to
participate in non-binding mediation before a third party professional mediator, whose
selection will be mutually agreed upon. The cost of mediating the dispute will be borne
equally by both parties, and mediation should occur within thirty (30) days of a request
by either party to engage in mediation.No claim or suit may be brought until the dispute
resolution procedures as set forth in this section have been exhausted. If dispute
resolution efforts under this section are not successful, either party may institute legal
action to enforce the terms and conditions of this agreement.
16. NOTICES
All notices and other material to be delivered under this contract shall be in writing
and shall be delivered or mailed to the following address:
City of Federal Way
33325 8th Ave. S.
Federal Way,WA 98003
Attn: Kyle Sumpter,Deputy Chief
kyle.sumpter@cityoffederalway.com
University of Washington
3939 15"'Ave.NE
Seattle,WA 98105
Attn: Steve Rittereiser,Major
ritters@uw.edu
Or such other addresses as either party may, from time to time, designate in writing.
17. SIGNATURES.
The parties agree that all signatures, whether original, copy or faxed on this
agreement will be considered originals.
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UW-Federal Way PD
18. SEVERABILITY,
If any of the provisions contained in this Agreement are held illegal, invalid or
unenforceable, the remaining provisions shall remain in full force and effect.
19. CONFLICTS.
In the event of a conflict between any other agreements between the parties
including,this Agreement shall govern.
20. ENTIRE AGREEMENT.
No modification or amendment of this contract shall be effective unless in writing
and signed by authorized representatives of the parties after approval of their respective
governing body. This contract contains the entire agreement between the parties and may
not be enlarged, modified or altered except in writing signed by the parties.
In WITNESS hereof, the parties have executed this Agreement on this date, the day of , 2019.
City of Federal Way Uni%'Crvy of Washington
�./l fir' � i .�� "�� �S- tJ`z/ I9 ✓cam r _ ����
} .i-riwt[ii Ci iicl ul' Date It"a��r all West;hiterim Chief of Police/Date
f ll
, tet;nq C-b i
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Approved as to legal form only: Approved as to legal form only:
Ryan Call, City Attorney/Date University of Washington/Date
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t
COUNCIL MEETING DATE: September 17,2019 ITEM#: 5k
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: University of Washington Extra Duty Police Services Agreement
POLICY QUESTION: Should the City of Federal Way,Federal Way Police Department enter into an
agreement with the University of Washington (UW)for extra duty police services?
COMMITTEE: PRHS&PSC MEETING DATE: Sept. 10,2019
CATEGORY:
® Consent ❑ Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Kyle Sumter, Deputy Chief of Police DEPT: Police Department
Attachments:
1. PRHS&PS Memo
2. UW Police Services Agreement
Options Considered:
1. Enter into an extra duty police services agreement with UW
2. Do not enter into an agreement.
MAYOR'S RECOMMENDATION: 1 Enter into an agreement for extra duty police services with UW
MAYOR APPROVAL: ' Lj! IRECTOR APPROVAL: ;
�.I It t iC C11�17y:11 � Inl
COMMITTEE RECOMMENDATION: I move to forward the University Of Washington extra duty police services
agreement to the September 17, 2019 consent agenda for approval.
ommittee Chair Commute mlb,, Comll ' ee Member
PROPOSED COUNCIL MOTION: I move approval of the University of Washington extra duty police services
agreement, and authorize the Police Chief to sign such agreement.
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL BILL#
❑ 111,\li.!] 1 IST reading
❑ TABLEDIDII•: 'RHI D;N0ACTION Enactment reading
❑ MOVED TO SECOND READING(ordinances only) ORDINANCE#
REVISED—08/12/2010 RESOLUTION#
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE: September 10, 2019
TO: Parks, Recreation, Human Services and Public Safety Council Committee
VIA: Jim Ferrell, Mayor
FROM: Andy J. Hwang, Chief of Police
SUBJECT: University of Washington Extra Duty Police Services Agreement
Financial Impacts:
Costs for this agreement are reimbursed by the University of Washington. Overall there should be
no negative impact to City funds or to the police department's operating budget.
Background Information:
FWPD Officers have been working extra duty for the University of Washington(UW) since 2014.
This year UW requested that we complete a Services Agreement. The term of this agreement is
August 15, 2019 through December 31, 2021.
The University of Washington has agreed to pay an overtime rate of$72.50 per hour for each officer
working in 2019. Beginning January 1, 2020, the hourly rates shall be increased by the same
percentage of pay increase in the Federal Way Police Guild bargaining agreement with the City.
The extra duty hours will be worked for UW Football games.
Officers work this job during their off-duty hours,so this does not impact regular police services for
the Federal Way Police Department.
1