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AG 02-072 n T C : TO: I ' CIT~ I~F FEDERAL WAY LAW DEPARTMENT REQUEBT FOR CONTRACT rlRI=PARATION/DOCUMENT REVlEW/C=iQNATURE ROUTINQ C~I. IP 11, Agerrecording, retumto: Federal Way City Attorney's Office 33530 Ist Way S. P.O. Box 9718 Federal Way, WA 98063-9718 INTERLOCAL AGREEMENT BETWEEN WASHINGTON STATE DEPARTMENT OF CORRECTIONS AND CITY OF FEDERAL WAY WHEREAS, Chapter 39.34 (Interlocal Cooperation Act) permits state agencies and local governments to make the most efficient use of their powers by authorizing them to enter into agreements with each other, in order to provide services and facilities in a manner best serving the needs and development of their local communities; and WHEREAS, the City of Federal Way's Department of Public Safety (hereinafter "City") is charged by the Federal Way City Code with the protection of all persons and property within the City limits; and WHEREAS, the Washington State Department of Corrections (hereinafter "DOC") is responsible for enforcement of probation sentences of felony offenders, including those residing or working within the City of Federal Way; and WHEREAS, the City and DOC desire to enter into an interlocal agreement to improvement their respective abilities to carry out their public safety responsibilities; NOW, THEREFORE, THE UNDERSIGNED JURISDICTIONS AGREE AS FOLLOWS: 1. City Responsibilities. The City of Federal Way agrees that .the City will: Provide office space for one Community Corrections Officer at the Federal Way Department of Public Safety, either at 34008 9'h Avenue South (its current location) or at such other location as the City Council may select for the Department of Public Safety in the Council's sole discretion. The office space will be available to DOC seven days a week, twenty-four hours per day. Allow the Community Corrections Officer to use the facsimile and copy machines that are generally available for Department of Public Safety staff. Provide access entry codes to the Community Corrections Officer assigned to Federal Way, to facilitate their access seven days a week, twenty-four hours per day. ORIGINAL Department of Corrections Interlocal Agreement Page 2 D. Provide a dedicated telephone line suitable for use of a laptop computer, and a connection to incoming telephone lines. E. Provide janitorial service for the office space. DOC Responsibilities. The DOC agrees that the DOC will: A. Keep the office space provided under Section 1.A above clean. B. Staff the office at the City with one Community Corrections Officer, who will work one to two days per week generally from 8 a.m. to 5 p.m. The Community Corrections Officer will wear DOC identification at all times while in the Department of Public Safety or other City facilities. Maintain a visitors' log, and require all visitors to the Community Corrections Officer at the Department of Public'Safety to sign iheir names in the log and enter the time at which they enter and exit the building. Schedule the offenders' visits to ensure that only one offender is in the Department of Public Safety at any time. Escort all visitors to the Community Corrections Officer at all times such visitors are in the Department of Public Safety. So long as the Department of Public Safety is located at 34008 9th Avenue South, park any DOC vehicle or vehicle belonging to the Community Corrections Officer on the north side of Building C. Arrest any offenders within DOC jurisdiction, unless DOC has made prior arrangements with the City of Federal Way on-duty Watch Commander. Transport any offender arrested by DOC to the local county jail, except in cases of extreme emergency, in which case the City's Department of Public Safety may, in its sole discretion, transport the offender to the county jail or the jail of any governmental entity contracting with the City of Federal Way. Access to Information. Access to all DOC computer systems and files is restricted to the Community Corrections Officer. DOC will follow its policy for dissemination of any information from its computer systems and files. Department o f Corrections lnterlocal Agreement Page 3 Access to all City computer systems and files are restricted to police personnel. The City will follow its policy and applicable law concerning dissemination of all police information. 4. Independent Entities. The parties recognize that each is a separate governmental entity, and neither represents, acts on behalf, or is the agent of the other. 5. Term. This Agreement shall take effect immediately and shall continue in effect until terminated. Either party may terminate it by giving thirty (30) days written notice to the other. 6. Compliance with Laws. Each party shall be responsible for compliance with all applicable federal, state, or local laws and regulations. Department of Corrections Interlocal Agreement Page 4 7. Indemniflcatio~n. Each party to this Agreement agrees to defend, indemnify and hold the other party, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) 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 caused by the negligent acts, errors or omissions of that party, its elected officials, commissioners, officers, employees, agents, and volunteers, or by breach of this Agreement. Survival. The provisions of this Section 7 shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 8. Contact Persons. The parties stipulate that the following persons shall be the contact person for their respective jurisdiction. a. Supervisor of the Federal Way Department of Corrections Office: Bonnie Muccilli Department of Corrections 606 W. Gowe Kent, WA 98032 Phone: (253) 395-0871 Fax: (253) 395-8302 b. City of Federal Way: Federal Way Criminal Investigations Section Commander 34008 9th Ave S. Federal Way, WA 98003 (253) 661-4612 9. Filing. A copy of this Agreement shall be filed with the Secretary of State, the City Clerk of the City of Federal Way, and recorded with the King County Auditor. I 0. Nothing herein shall require or be interpreted to: a. Waive any defense arising out of RCW Title 51. Department of Corrections Interlocal Agreement Page 5 Limit or restrict the ability of either entity or employee or legal counsel for either entity or employee to exercise any right, defense or remedy which a party to a lawsuit may have with respect to claims of third parties, including, but not limited to, any good faith attempts to seek dismissal of legal claims against a party by any proper means allowed under the civil rules in either state or federal court. 11. General Provisions. Entire Agreement. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement. Modification. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. Succession. This Agreement shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. Severability. Any provision of this Agreement which is declared invalid or illegal shall in no way affect or invalidate any other provision. Default. In the event either of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. Venue. The venue for any dispute related to this Agreement shall be King County, Washington. Waiver. Failure of the City to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. IN WITNESS WHEREOF the parties have hereunto placed their hand and seals on the day and year indicated. WASHINGTON STATE DEPARTMENT OF CORRECTIONS Date: CITY OF FEDERAL WAY / D[vid H. Moseley City Manager Date: Department of Corrections Interlocal Agreement Page 6 Approved as to Form for Approved as to Form for City of Federal Way City Attorney, Bob C. Sterbank ATTEST: This ~°~_ day of [Governmental Entity's Clerk, etc.] ATTEST: Thih.~ ~'~day of ,204.2.. t' N. ' 'ne Green, CMC Federal Way City Clerk K:\INTERLCL\DOC Return Address City, State ,Zip Document Title(s) (or transactions contained therein): 3. Referenc, e Number(s) of Documents ~signed or released: (on page __ of documents(s)) Grantor(s) (Last name first, then first name and initials ) 2. ,t,> q, 9 ,~, OK- 3. 4. 5. Ad~fio~ ~ on ~ge. of d~ent. Gr~t~(s) ~ ~e fi~ ~en tim ~e ~d i~figs) 4. 5. Additional names on page. of document. Legal description (abbreviated: i.e. lot, block, plat or section, township, range) Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number Additional legal is on page of document. The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. WASHINGTON STATE COUNTY AUDITOR/RECORDER'S INDEXING FORM (Cover Sheet) Form 7265-2 After recording, return to: Federal Way City Attorney's Office 33530 1st Way S. P.O. Box 9'718 Federal Way, WA 98063-9718 INTERLOCAL AGREEMENT BETWEEN WASHINGTON STATE DEPARTMENT OF CORRECTIONS AND CITY OF FEDERAL WAY WHEREAS, Chapter 39.34 (Interlocal Cooperation Act) permits state agencies and local governments to make the most efficient use of their powers by authorizing them to enter into agreements with each other, in order to provide services and facilities in a manner best serving the needs and development of their local communities; and WHEREAS, the City of Federal Way's Department of Public Safety (hereinafter "City") is charged by the Federal Way City Code with the protection of all persons and property within the City limits; and WHEREAS, the Washington State Department of Corrections (hereinafter "DOC") is responsible for enforcement of probation sentences of felony offenders, including those residing or working within the City of Federal Way; and WHEREAS, the City and DOC desire to enter into an interlocal agreement to improvement their respective abilities to carry out their public safety responsibilities; NOW, THEREFORE, THE UNDERSIGNED JURISDICTIONS AGREE AS FOLLOWS: 1. City Responsibilities. The City of Federal Way agrees that the City will: mo Provide office space for one Community Corrections Officer at the Federal Way Department of Public Safety, either at 34008 9th Avenue South (its current location) or at such other location as the City Council may select for the Department of Public Safety in the Council's sole discretion. The office space will be available to DOC seven days a week, twenty-four hours per day. Bo Allow the Community Corrections Officer to use the facsimile and copy machines that are generally available for Department of Public Safety staff. Provide access entry codes to the Community Corrections Officer assigned to Federal Way, to facilitate their access seven days a week, twenty-four hours per day. Department of Corrections Interlocal Agreement Page 2 D. Provide a dedicated telephone line suitable for use ora laptop computer, and a connection to incoming telephone lines. E. Provide janitorial service for the office space. DOC Responsibilities. The DOC agrees that the DOC will: A. Keep the office space provided under Section 1 .A above clean. B. Staff the office at the City with one Community Corrections Officer, who will work one to two days per week generally from 8 a.m. to 5 p.m. Fo Ho Access Ao The Community Corrections Officer will wear DOC identification at all times while in the Department of Public Safety or other City facilities. Maintain a visitors' log, and require all visitors to the Community Corrections Officer at the Department of Public Safety to sign their names in the log and enter the time at which they enter and exit the building. Schedule the offenders' visits to ensure that only one offender is in the Department of Public Safety at any time. Escort all visitors to the Community Corrections Officer at all times such visitors are in the Department of Public Safety. So long as the Department of Public Safety is located at 34008 9~' Avenue South, park any DOC vehicle or vehicle belonging to the Community Corrections Officer on the north side of Building C. Arrest any offenders within DOC jurisdiction, unless DOC has made prior arrangements with the City of Federal Way on-duty Watch Commander. Transport any offender arrested by DOC to the local county jail, except in cases of extreme emergency, in which case the City's Department of Public Safety may, in its sole discretion, transport the offender to the county jail or the jail of any governmental entity contracting with the City of Federa! Way. to Information. Access to all DOC computer systems and files is restricted to the Community Corrections Officer. DOC will follow its policy for dissemination of any information from its computer systems and files. Department of Corrections Interlocal Agreement Page 3 Access to all City computer systems and files are restricted to police personnel. The City will follow its policy and applicable law concerning dissemination of all police information. 4. Independent Entities. The parties recognize that each is a separate governmental entity, and neither represents, acts on behalf, or is the agent of the other. 5. Term. This Agreement shall take effect immediately and shall continue in effect until terminated. Either party may terminate it by giving thirty (30) days written notice to the other. 6. Compliance with Laws. Each party shall be responsible for compliance with all applicable federal, state, or local laws and regulations. Department of Corrections Interlocal Agreement Page 4 7. Indemnification. Each party to this Agreement agrees to defend, indemnify and hold the other party, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) 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 caused by the negligent acts, errors or omissions of that party, its elected officials, commissioners, officers, employees, agents, and volunteers, or by breach of this Agreement. Survival. The provisions of this Section 7 shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 8. Contact Persons. The parties stipulate that the following persons shall be the contact person for their respective jurisdiction. a. Supervisor of the Federal Way Department of Corrections Office: Bonnie Muccilli Department of Corrections 606 W. Gowe Kent, WA 98032 Phone: (253) 395-0871 Fax: (253) 395-8302 b. City of Federal Way: Federal Way Criminal Investigations Section Commander 34008 9th Ave S. Federal Way, WA 98003 (253) 661-4612 9. Filing. A copy of this Agreement shall be filed with the Secretary of State, the City Clerk of the City of Federal Way, and recorded with the King County Auditor. 10. Nothing herein shall require or be interpreted to: a. Waive any defense arising out of RCW Title 51. Department of Corrections Interlocal Agreement Page 5 Limit or restrict the ability of either entity or employee or legal counsel for either entity or employee to exercise any fight, defense or remedy which a party to a lawsuit may have with respect to claims of third parties, including, but not limited to, any good faith attempts to seek dismissal of legal claims against a party by any proper means allowed under the civil rules in either state or federal court. 11. General Provisions. ao co go Entire Agreement. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement. Modification. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. Succession. This Agreement shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. Severability. Any provision of this Agreement which is declared invalid or illegal shall in no way affect or invalidate any other provision. Default. In the event either of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. Venue. The venue for any dispute related to this Agreement shall be King County, Washington. Waiver. Failure of the City to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. IN WITNESS WHEREOF the parties have hereunto placed their hand and seals on the day and year indicated. WASHINGTON STATE .~RRECTIONS Date: 4~-~3 -~~ CITY OF FEDERAL WAY City Manager ~/ Date: ¢~d/~ ~ Department of Corrections Interlocal Agreement Page 6 Approved as to Form for ATTEST: This ~2"day of ¼, ~- ,20~? ~'. [Governmental Entity's Clerk, etc.] K:\INTERLCL\DOC 12-19-01 Approved as to Form for City of Federal Way City ~ttomey,'Bob C. Sterb~'nk ATTEST: This;7~"~day of 52V s _ , 2o eA N. Christine Gre~,~CM'C Federal Way City Clerk