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Home My WebLink AboutPRHSPSC PKT 03-13-2000 .' .". . ",.¡ city of.'Federal Way. CITY COUNCIL PARKS, RECREATION,'HUMAN'SERVICES & Monday, March 13, 2000 12:00 AGENDA 1. CALL TO ORDER 2. PUBLIC FORUM 3. COMMISSION COMMENTS 4. APPROV AL OF FEBRUARY 14, 2000 SUMMARY ,\ 5. COMMITTEE BUSINESS A. 2000 Human Services Commission Work Plan B. Use of City Human Services Funding for City Programs Valley Com lnterlocal Agreement Korean Elders Program Skate Park Update C. D. E. 6. NEXT MEETING - April 10, 2000 ADJOURNMENT 7. -....--.----.----- C\ìr\~ City Hall Mt..Baker ConferenceR.öom Action Action Action Information Information Guenther Guenther Matheson Reuter Jainga Committee Members: Jeanne Burbidge, Chair Mary Gates Dean McColgan Staff: Jennifer Schroder, Director Sue Floyd, Administrative Assistant 661-4041 .."" '..., "" ,',.. '. u_','-~" . ...' ""->"",~,~\""",-,,,-~,<,,-,",~"Ù~""C_,~,"-",,""'n.~.~u.<~o<...~.._,.'.."...__..u_... City of Federal Way City Council PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE Monday, February 14,2000 . 12:00 p.m. City Hall Council Chambers SUMMARY In attendance: Council Committee members Jeanne Burbidge, Mary Gates, Dean McColgan; Council member Linda Kochmar, David Moseley, City Manager; Derek Matheson, Assistant to the City Manager; Jennifer Schroder, Director of Parks Recreation and Cultural Services; David Wilbrecht, Deputy Director of Parks, Recreation and Cultural Services; Ron Wood, Public Safety Department Director; Pat Richardson, Assistant City Attorney; Ann Guenther, Human Services Manager; Camron Parker, CDBG Coordinator; Jon Jainga, Park Planning & Development Manager; Kurt Reuter, Athletics & Specialized Services Manager; Mary Faber, Community and Cultural Services Manager; Sue Floyd, Administrative Assistant Guests: Dini Duclos, David Kaplan, Barbara Reid, Russell Mentink, Stephanie. Collett, Barbara Neuenswander, James Geluso, Gloria Bornstein, Joann Piquette, Allan Smith, Donna Welch, Jerry Bollen Committee Chair Jeanne Burbidge called the meeting to order at 12:04 p.m. PUBLIC FORUM Stephanie Collett thanked Dave Wilbrecht for working with the Celebration Park neighbors in connection with the batting cage project. Ms. Collett also asked the committee to give some thought to the noise level at the park, and voiced her support for other sports activities being incorporated into the park besides baseball. COMMISSION COMMENTS Dini Duclos, Chair of the Parks and Recreation Commission, voiced the Parks and Recreation Commission's support of a batting cage in the alternate location, where the maintenance building was slated to be built. Ms. Duclos also stated that anything the City Council could do to eliminate the noise at Celebration Park would be appreciated. She noted that one Parks and Recreation Commission member felt it not fair to build a batting cage when other sports amenities were eliminated from the original plan (i.e., volleyball, basketball). APPROVAL OF DECEMBER 13, 1999 SUMMARY The January 24, 2000 minutes were approved as written. BUSINESS ITEMS 2% FOR ART/CELEBRATION PARK Mary Faber introduced Gloria Bornstein, the artist commissioned to create the artwork for Celebration Park. Ms. Bornstein presented the phase one conceptual design to the committee. The Arts Commission passed a motion unanimously approving the artwork at a special meeting on February 10. The majority of the Parks and Recreation Commission attended the meeting and were also in favor of the artwork. Mr. McColgan noted that he would have liked to have seen a water feature incorporated into the project. Staff responded that the the Council's interest in a water feature was shared with the artist for consideration. A structural engineer will review the artwork plans. The pieces are maintenance and graffiti-free. MARY GATES'MOVED, DEAN MCCOLGAN SECONDED A MOTION TO APPROVE THE ACCEPTANCE OF THE PHASE I CONCEPTUAL DESIGN FOR THE ARTWORK AT CELEBRATION PARK. MOTION PASSED. """,-"-"",,.,,"""" ...,.~_..-..~_.... ... ,,- ---- ""~,,"'-' ~'....., .C,", , ,..'.\"",>=,:"""""",.,'-'-c"",~.,""'_",~'.",\.,"¡....¡'HU'üj Parks, Recreation, Human Services & Public Safety Council Committee February 14,2000 Summary Page Two AMENDMENT TO ORDINANCE/P ARKS AND RECREA nON COMMISSION At its retreat held January 7 and 8, the City Council directed staff to prepare an ordinance amè::ndment for Council approval eliminating term limits for members of the Parks and Recreation Commission. No other city commission has term limits for its members. The paragraph referring to membership being limited to no more than three consecutive terms has been struck from the ordinance. DEAN MCCOLGAN MOVED, MARY GATES SECONDED A MOTION TO APPROVE THE PROPOSED AMENDMENTELIMINA TING TERM LIMITS FOR THE PARKS AND RECREA TI 0 N CO MMISSI 0 N AND FORWARD TO FULL COUNCIL ON MARCH 7, 2000. MOTION PASSED. BATTING CAGE PROPOSAL Ms. Schroder reported that after considerabk review by the Parks and Recreation Commission, and a recommendation to them by staff, the alternate site proposal was approved by the commission. The alternate site is located where the maintenance building was slated to be built. Maintenance equipment will continue to be stored at the storage site next to the park After discussion, DEAN MCCOLGAN MOVED, MARY GATES SECONDED A MOTION TO APPROVE AUTHORIZING THE CITY TO ENTER INTO CONTRACT NEGOTIATIONS FOR A BATTING CAGE FACILITY AT THE PROPOSED ALTERNATE SITE AT CELEBRA TIONP ARK AND FORWARD TO FULL COUNCIL ON MARCH 7,2000. MOTION PASSED. INTERLOCAL AGREEMENT WiTH CITY OF TACOMA The Department of Public Safety requested an interlocal agreement with the City of Tacoma for routine service and repair of traffic motorcycles. Services may include fleet fueling and operator training as requested by Federal Way. The term set forth will be indefinite an will continue until terminated by written notice. Due to the close of the local Kawasaki dealership in September 1999, the Traffic Unit has been using the City of Tacoma Fleet Services to maintain the department's motorcycles. Although costs for parts are higher, the maintenance and labor costs have been less. Additionally, Tacoma Fleet Services are responsive to the needs of public safety, making the turn around time extremely satisfactory. MARY GATES MOVED, DEAN MCCOLGAN SECONDED A MOTION TO APPROVE AND ACCEPT THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND THE CITY OF TACOMA FOR THE PROVISION OF MOTORCYCLE MAINTENANCE AND REPAIRS. MOTION PASSED. AMENDMENT TO INTERLOCAL AGREEMENT/SCHOOL RESOURCE OFFICERS The Federal Way School District has requested an additional full-time School Resource Officer for assignment to Thomas Jefferson High School. The School District has agreed to pay for the full and direct costs of an officer per calendar year, effective January through December 2000, in the amount of$67,500. Chief Wood noted that this position would be eligible for federal grant funding for the iìrst three years it exists. MARY GATES MOVED, DEAN MCCOLGAN SECONDED A MOTION TO APPROVE AND ACCEPT THE PLACEMENT OF A SCHOOL RESOURCE OFFICER TO THOMAS JEFFERSON illGH SCHOOL. TillS WILL INCLUDE THE INCREASE OF ONE ADDITIONAL POLICE OFFICER POSITION (ONE FTE). MOTION PASSED. CRIMINAL CODE AMENDMENTS The current Federal Way Criminal Code makes having an open container of alcohol a misdemeanor. Washington legislature changed that offense to an infraction. The amendment to the FWCC would adopt this as an infraction, and would make the City Code consistent with recent state law changes. DEAN MCCOLGAN MOVED, MARY GATES SECONDED A MOTION TO APPROVE THE AMENDMENT TO FWCC 6-36 AND THE REPEAL OF FWCC 6-38 TO CHAPTER 6, ARTICLE II OF THE FEDERAL WAY CRIMINAL CODE AND FORWARD TO FULL COUNCIL. MOTION PASSED. Parks, Recreation, Human Services & Public 'Safety Council Committee February 14,2000 Summary Page Three REALLOCATION OF A 2000 HUMAN SERVICES FUNDING AWARD The 1999-2000 allocation for the Federal Way Community Caregiving Network (FWCCN) Job Center is $3,000 (per year). During the recent contract meeting with FWCCN, the agency volunteer stated that they would be reducing their contracted service units by 66% for 2000. The service reduction is due to a decreased need for the program As a result, the City is reducing their contract amount for 2000 by 66%. The 2000 contract amount for the Job Center will be $1,020; the unallocated balance is $1,980. The Human Services Commission has recommended to use the prioritized one-time funding plan developed during the 1999-2000 Human Services funding cycle. The $1,980 would be allocated to the next two programs on the list. King County Sexual Assault Resource Center would receive and additional $22 and Federal Way Youth and Family Services would receive $1,958. MARY GATES MOVED, DEAN MCCOLGAN SECONDED A MOTION TO APPROVE THE HUMAN SERVICES COMMISSION'S RECOMMENDATION TO USE THE PRIORITIZED FUNDING PLAN TO REALLOCATE THE $1,980 AVAILABLE HUMAN SERVICES FUNDING FOR 2000, AND FORWARD TO FULL COUNCIL FOR APPROVAL ON MARCH 7, 2000. MOTION PASSED. INTERLOCAL AGREEMENT WITH KING COUNTY FOR COURT SCREENER Under state law, the City of Federal Way is responsible for providing indigent defense counsel to Municipal Court defendants that meet certain criteria set forth by the Legislature. The City must also have a screening process in place to determine whether defendants meet the established criteria. The City bid the public defense screening services contract late last year. The lowest, responsive, responsible bidder for the services was King County. The interlocal agreement requires the County to work under the auspices of the Municipal Court administrator and provide the same level of service to the City that it provides to its own clients. The term of the agreement is indefinite, but may be terminated with cause (30 days) or without cause (90 days). Costs are anticipated at $14,400 annually. DEAN MCCOLGAN MOVED, MARY GATES SECONDED A MOTION TO FORWARD THE INTERLOCAL AGREEMENT WITH KING COUNTY TO THE CITY COUNCIL WITH A DO PASS RECOMMENDATION. MOTION PASSED. REPORTING PUBLICLY FUNDED HOUSING Carmon Parker, CDBG Coordinator, reviewed the previously distributed report on publicly funded affordable housing, as requested by the Council Committee at its January meeting. PARKS, RECREATION & OPEN SPACE COMPREHENSIVE PLAN Jon Jainga, Park Planning and Development Manager, briefed the committee on the progress of the draft Parks, Recreation and Open Space Comprehensive Plan. On February 3, the Parks and Recreation Commission passed a motion to forward the final draft to the Planning Commission in April as part of the City-wide comprehensive plan review. The City-wide comprehensive plan will be forwarded to full Council for approval in December. NEXT MEETING March 13,2000, 12:00 p.m. ADJOURNMENT The meeting adjourned at 1: 15 p.m. 1. 2. 3. 4. . 5. -- "~-""---'-'-"~"-""--""'- """""""-"._----" Item 5A CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES AND PUBLIC SAFETY COMMITTEE Date: From: Via: Subject: March 6, 2000 Ann GUenth~~ Hu n Services Manager ti<!:;J- David Mose e nager 2000 Human Se ices Commission Work Plan Background The City of Federal Way Human Services Commission finalized their proposed 2000 work plan at their February 29, 2000 meeting. All of the planned projects are consistent with the Commission's roles and responsibilities as defined in City ordinance #90-72 and outlined below. The work plan is submitted for Committee approval. I will be at your March 13, 2000 meeting to present the work plan and answer any questions you may have about the plan. Human Services Commission Roles and Responsibilities The Human Services Commission shall make reports and recommendations to the City Council and City Manager concerning human services issues. Specific duties include: 6. Develop and assess human services in the City; Determine priorities of human services needs in the City; Evaluate and make recommendations on funding requests submitted to the City; Evaluate and review performance of individual human service agencies; Review City actions which may 'affect the availability and quality of human service delivery in the City and; , Coordinate with other groups and human services planning agencies and organizations. 2000 Human Services Commission Work Plan The plan includes the following projects: 1. Review a comparison of the Federal Way Human Services Program with other local cities. The comparison will include information on the level of human services funding available in each city and on the allocation processes used by other human services commissions and advisory boards. 2. Review the issue of whether City Human Services funds should be used for City programs and prepare a recommendation for the City Council. 3. Participate in a spring retreat to work on team building and consensus building skills, and integration of new Commission members. 4. Learn more about current human services needs and programs, including an update on the State's WorkFirst program and a presentation from the Seattle-King County Public Health Department regarding their recent Healthy Youth in KinQ County report. 1 5. Conduct the 2001 Community Development Block Grant (CDBG) allocations process and prepare recommendations for the Council. 6. Conduct the 2001-02 Human Services Funding allocations process and prepare recommendations for the Council. 7. Review the performance of contracted agencies (Human Services and Community Development Block Grant - CDBG) on a quarterly basis. Ask agencies to make brief reports to the Commission regarding their programs and progress toward meeting annual performance goals. 8. Raise community awareness of human service needs and services available. Increase collaboration with the private sector regarding human services. a. Submit articles on human services issues to local newspapers. b. Make presentations regarding the City's human services program to service groups and/or churches. c. Develop partnerships with the Greater Federal Way Chamber of Commerce, local businesses, service clubs, and Federal Way Public Schools, to increase coordination and collaboration around human services issues. 9. Tour human services agencies funded by the City. Committee Recommendation 1. Move to approve the Human Services Commission's 2000 work plan, as proposed by the Commission and forward to the full Council for approval on March 21, 2000. 2. Move to approve the Human Services Commission's 2000 work plan as amended by the Committee and forward to the full Council for approval on March 21, 2000. ~:~P'PROVAL OF COMMITTEEiR'E~Ø~T::':" ':;( '.':'..~" , ~,..., ,.' ", ::CoiTImittee Chair ,.Committee Membër~':,.?::. '. ' '.' ".,:.1"1 , Committee.Mê'rri§ef;:"<,;,.~j: 2 "'~"",.- 'H< ..~..'J..o>'"',, ",,"C"""~""'^~~'~'~"~'~"~"'~"'-""'" Item 5B CITY OF FEDERAL WAY CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES AND PUBLIC SAFETY COMMITTEE Date: From: Via: Subject: March 6, 2000 Ann GUenthe~u an Services Manager /iII- David Moseley anager Use of City Hu an Services Funding for City Programs Background At your March 13, 2000 meeting, staff will seek Council Committee action regarding the use of City Human Services General Funding for City programs. I will be at your meeting to present the options outlined below, and to answer any questions you may have about this issue. The Human Services Commission reviewed this issue at their February 29, 2000 meeting. This memo provides background on past practice, specific examples of when this question has come up in regard to City programs, options for future policy direction, and the Human Services Commission's recommendation. Over the past few years, Human Services staff have been asked if programs operated by the City of Federal Way could apply for City Human Services General Funds. Administrative practice has been to allow City programs to apply for the City's federal Community Development Block Grant (CDBG) funds, and to use the City General Human Services funding for private non-profit agencies only. As we begin the 2001-2002 Human Services and CDBG . funding cycle, it is anticipated that this question will come up again. Staff would like to have clear direction regarding this issue, so that we can advise potential applicants during the upcoming funding cycle, which begins in late March. Past Practice As noted above, the City's practice has been to use federal Community Development Block Grant (CDBG) for both City programs and private non-profit agency programs, and to reserve the City's Human Services General Funding for community-based private non-profit agencies. To date, this has been administrative practice only. The City has no written policy that directly addresses this issue. However, the Human Services Comprehensive Plan does state that, non- profit organizations are the primary provider of services to low-income persons, and that the City will rely on private agencies and other organizations to design and implement services in the community (see page IV-2). In three cases, City departments and private non-profit agencies partner to provide human services programs to city residents. In these cases, the non-profit agency applies to the City for Human Services funding and provides the services in collaboration with City Departments. These programs are the Salvation Army, After-Hours Emergency Assistance Program (Public Safety Department), Senior Services of Seattle-King County, Meals on Wheels and Congregate Meals programs (Parks, Recreation, and Cultural Services Department). The CDBG Program has operated differently. During the City's history, the CDBG funds have I -- -'- --- ---_"'.__.,L"V'~_~'",' ~.M"""""< ,.=-~-"i:L.lJ , ' . ,,'.i, .';1; been used for both city programs and private non-profit agency programs. Examples of City programs funded with CDBG funds are two public service projects - the CARES Child Care Subsidy Program and the Law Department's Domestic Violence Advocate Program, and several capital projects including the reconstruction of sidewalks to improve wheelchair accessibility, a signalized pedestrian crossing in a lower income neighborhood, and an elevator at the Klahanee Community/Senior Center. (The CARES Program continues to receive CDBG funding, but the program administration was transferred from the City to a non-profit agency in 1999.) The use of CDBG funding for city programs is consistent with the intent of the CDBG Program, which is administered the Department of Housing and Urban Development (HUD). CDBG is a grant to cities for use in city programs or private non-profit programs providing comm'unity development, economic development and/or human services. The City may undertake a project directly, or it may contract with a non-profit if the non-profit is better suited to take on the project. The CDBG Public Service funds are limited (about $80,000 annually) and are often used as start-up funds for new programs. CDBG public service funds are currently used for both City programs and for private non-profit agency programs. CDBG funds cannot be used to replace City general funding for a program, so a program currently funded with Cityfunds would not be eligible for CDBG funding, until after one year of not receiving City funds has passed. The CDBG Capital funds are also used for both City projects and private non-profit agency projects, to ensure that there is adequate competition for the funds. The Capital funds total between $500,000 and $600,000 annually. In the City's earlier history, there was often more . CDBG capital funding available than there were applicants. The competition for CDBG Capital funding has increased in recent years. Staff checked with five other South King County cities to see how other cities use CDBG and Human Services Funding. The City's current practice of using CDBG for both city programs and private non-profit agency programs is consistent with the practice of other cities. Similarly, the cities surveyed do not currently use general human services funding for city programs, though none of the cities has a written policy in place regarding this issue. Examples of City Programs Potentially Affected There are three City departments that operate human services programs. These include the Parks, Recreation, and Cultural Services Department, the Public Safety Department, and the Law Department. None of these programs currently receive City general Human Services funding directly. As mentioned earlier, the Parks and Public Safety Departments both partner with agencies to provide services using City Human Services dollars, but in these cases, it is the non-profit agency that is the applicant and administrator of the City grant, not the City Department. The Law Department currently receives CDBG funding for partial funding of their Domestic Violence Advocate Program. There are two specific examples of when the question of whether a City Department could apply for City general Human Services funding has come up in the past few years. 2 ,'. .'~""J,"'"-,,"^','HJ""',,",J."-'~"""-""~~.J.r~..~,.,,,.:.J..>,j~"""""""~""""""" 0 In 1998, the Parks Department received notice that beginning in 1999, the King County grant for the City's Senior Programs would be reduced by $25,000. This funding helped to cover operational expenses such as part-time staff and supplies. During the City budget cycle, the Parks Department sought $25,000 in City general funds to make up for the loss in King County revenue. The City Council allocated the $25,000 for each year of the 1999-2000 biennium from the "one-time" funding pot. and suggested that the Department apply for City Human Services funding for the Senior Programs in the next biennium. The potential policy issues were not discussed at that time. In addition, the Korean Elder Program that provides services at Klahanee Community/Senior Center currently receives King County funding for the program. However, this funding is at-risk, since the County has reduced its discretionary human services funding by more than $300,000. The program has a contract for the first five months of 2000 and will have to apply soon for funding beyond that. This program is operated by the Federal Way Evergreen Club, a private non-profit agency that could apply for City Human Services General Funding. 0 The Public Safety Department partners with the Salvation Army to operate an after- hours emergency assistance program. The Department distributes vouchers during evenings and weekends to those in need of emergency assistance for food, shelter, and transportation. In September 1999, the Salvation Army terminated their contract with the City. At that time, Human Services and Public Safety staff discussed various options for continued operation of the program. Those options included finding another non-profit agency to partner with the Department or to have the Public Safety Department administer the program directly. The Salvation Army has agreed to administer the program for 2000. At this point, it has not been decided whether this partnership will continue in 2001. Options 1. Maintain the current practice of continuing to allow City programs to apply for CDBG funding, and using the Human Services Fund as a dedicated source for private non-profit agencies. Continue to encourage partnerships between City programs and non-profit programs, to maximize efficient use of funds and services available to City residents. Fund City-operated programs using other general funds and grant sources. PRO: ~ Maintains a local dedicated fund source for private non-profit programs that serve' Federal Way residents. This is especially important, given increasing human services needs in an era of declining public human services dollars. Competition for City general Human Services funding is very high. In 1998, the City received $760,038 in requests for each year of the 1999-2000 biennium, with $400,000 available for each year. The requests for 2001-2002 are expected to be at the same level or higher. ~ Promotes public-private partnerships. ~ Promotes contracting out for services, in cases where the needed service is provided by the private sector. ~ This option is consistent with the Human Services Comprehensive Plan, which states that non-profit organizations are the primary provider of services to low-income persons, and that the City will rely on private agencies and other organizations to design and 3 implement services in the community. CON: ~ Does not allow City operated programs to apply for City general Human Services Funding. 2. Use the Human Services Fund for both City Human Services programs and non-profit agencies. City programs would compete in the biennial application process with private non- profit agencies, and would be subject to Human Services contract reporting requirements. PRO: ~ Provides City programs with an alternate funding source. CON: ~ ~ Private non-profit agencies must compete with City programs. City programs would compete with private non-profit agencies for funding, with no guarantee of being funded. Human Services .Commission Recommendation The Human Services Commission recommends Option 1, which is to maintain the current practice of continuing to allow City programs to apply for CDBG funding and to maintain the Human Services Fund as a dedicated source for private non-profit agencies. Given the tightness of availabl~ funding and increasing human services needs, it is important to have a dedicated source of Human Services funding available for private non-profit agencies. Committee Recommendation , 1. 2. 3. Move to approve Option 1, the Human Services Commission's recommendation to maintain the current practice of continuing to allow City programs to apply for CDBG funding and to maintain the Human Services Fund as a dedicated fund source for private non-profit agencies. Forward to the full City Council for approval on March 21, 2000. Move to approve Option 2, which is to use the Human Services Fund for both City Human Services programs and non-profit agencies. City programs would compete in the biennial application process with private non-profit agencies, and would be subject to Human Services contract reporting requirements. Forward to the full City Council for approval on March 21 J 2000. The Committee forwards to the full City Council a recommendation of its choice for consideration at the March 21, 2000 meeting. APPROVAL OF COMMITTEE REPORT: ~' .;, >."",. ,,:';.i;':::::'::~: '.' . ~..,.. . , .,:~.tCorinnittee Member Committee Chair' Committee Member 4 -~"""."""""""""'""r..."'"w..""".."""""""""" ,.', ""~',..>..'".,.._.., -, ..'...-'..-....---.....-..-----..--...,-...-. Item 5C CITY OF FEDERAL WAY CITY COUNCä PARKS, RECREATION, HUMAN SERVICES & PUBLIC SAFETY COMMITTEE Date: March 13, 2000 To: Parks, Recreation, Human Services & Public Safety Committee David MO~ .., ,'-"'" Derek Matheson, Assistant to the City Managfpv \ Iwen Wang, Management Services Director ~ Via: From: Subject: VaUey Com Interlocal Agreement Back1!round: <: '~.'. Since the Public Safety Department's formation in 1996, dispatch services have been provided by Valley Communications, a public service agency owned by the cities of Auburn, Kent, Renton, and Tukwila. In early 1999, the owner cities extended an offer to Federal Way to become a fifth owner of the agency, in exchange for a $3 million contribution (the amount has since been reduced to $2.567 million) toward a new $15.4 million facility. At the same time, the Federal Way Fire Department expressed interest in closing its South Com dispatch center and contracting with the City for dispatch services via Valley Com. An interdepartmental staff team ffom the City Manager's Office, Public Safety Department, and Management Services Department analyzed the proposal ffom an operational and financial standpoint. The team recommend that the City Council accept the offer and the Fire Department partnership, as it would give the City greater control over the agency's policies and operations, enhance regional cooperation (especially between Federal Way police and fire), and reduce long- term costs. The Council voted unanimously to approve the City's ownership in Valley Com on July 20, 1999. The attached interlocal agreement officially implements Council's decision. It provides for Federal Way to be an equal (one-fifth) owner of the agency, gives the Mayor a seat on the agency's Administration Board and the Public Safety Director a seat on its Operations Board, and commits Federal Way to funding its share of the new facility. In addition, the interlocal permits the City of Federal Way to enter into an interlocal agreement (essentially a subcontract) with the Federal Way Fire Department to provide the Fire Department with dispatch services via the City's ownership in Valley Com. A separate interlocal between the City Federal Way and Federal Way Fire Department will be drafted for Council's approval in the upcoming months. ---....--------:--:---:: '.~",. "'1)f~ , ," Public Development Authority (PDA): As discussed above, the new Valley Com facility would be financed with debt issued by a Public Development Authority (PDA). The purpose of the PDA is to pool the $12.7 million bond issue and achieve a lower issue cost and possibly lower interest rate than would be possible if each owner city issued $2.6 million in bonds individually. One-fifth of the total debt ($2.6 million) appears on each city's financial statements, and each city is responsible for one-fifth of the debt service payments. The Federal Way Fire Department would pay 15% of the City's debt service payments. Two types of action are necessary to form the PDA. First, each owner city must pass an ordinance consenting to the PDA and approving a charter and set of bylaws in concept. Secondly, the City of Kent must adopt an ordinance officially forming the PDA and setting forth the charter and bylaws for the agency. (Under state law, only one city can actually form a PDA, though a group of cities may govern it. Kent was selected to form the PDA because it has experience with PDAs.) The Kent ordinance, plus the PDA charter and bylaws are attached for your information. Once formed, the PDA would issue the debt prior to September 1. Please note this committee packet must be distributed prior to a meeting among finance directors at which the PDA documents will be finalized. Some documents are likely to change at this meeting based upon the input of our city attorney and other city attorneys . (such as the ordinance forming the PDA). If this occurs, the updated versions and an explanation of changes will be forwarded to committee members. Committee Recommendation: Motion to recommend the full City Council 1) authorize the City Manager to sign the attached interlocal agreement with the cities of Auburn, Kent, Renton, and Tukwila, providing for ownership in Valley Communications, and 2) adopt an ordinance approving formation of a PDA. r i I APPROVAL Oil' c.:OM.MITTEE IU:POltT: I i I ! ~ '~~~.~.~.~~'1!_!!.~~.~~.~,~~~~:""=,:"=:,"':=: ~,~, ...._..,~;(~.~~~.~!.~~~ ~1~~~,~ ~~~.:. --.'.',. -=,...<:~;I~~~.¡~~:~-~~~~~~'~r_.._,.":-.':_..- '.. "" _. "... "" ..... ""'" "" Valley Com Interlocal- At a Glance -/ Valley Com is a public service agency created under the Interlocal Cooperation Act. Though owned and governed by cities, it is a legally separate organization. Valley Com provides dispatch services to its owner cities' police and fire departments, plus other cities that contract with Valley Com (like Federal Way did fÌ"om 1996-1999). Owner cities pay a lower rate for sefVlces. -/ This interlocal makes City of Federal Way a one-fifth owner of Valley Communications, along with the cities of Auburn, Kent, Renton, and Tukwila. ./ An Administration Board and an Operations Board manage the agency. The Admin Board consists of each city's mayor and handles policy issues. The Ops Board consists of each city's police chief and fire chief and handles day-to-day operations. In addition, a city managers group serves as a liaison between the mayors and chiefs, and a finance directors group is handling financing issues related to the new facility. -/ As an owner city, the City of Federal Way commits to funding a one-fifth share of the new $12.7 million dispatch facility, up to a maximum of$3 million. (The current per-city estimate is $2.567 million, due to the use of Valley Com's existing cash balance.) APublic Development Authority (PDA) set up by the owner cities would issue bonds for construction of the facility. ./ The interlocal permits the City of Federal Way to subcontract dispatch services to the Federal Way Fire Department via Valley Com. This would require the Fire Department to close its South Com dispatch center. At Valley Com, the Fire Department would be treated like any other owner city's fire department and would have a seat on the Ops Board and pay the owner rate for services. The Federal Way Fire Department would pay 15% of the City of Federal Way's debt service payments. (The 15% is based upon the total number of calls for service in Federal Way, i.e., 15% are fire calls.) Employees of South Com are given preference in hiring at Valley Com. Other fire departments that were dispatched by South Com have the option of negotiating their own contracts with Valley Com. ./ Assuming the operating costs and calls for service remain consistent with current levels then in the year 2002 (the first year of operation for the new facility) the estimated cost of ownership in Valley Com is $20.50 per call, which includes $16.50 in dispatch fees and $4.00 in debt service. Valley Com is in the process of reviewing its rate structure for contract cities, which is likely to be higher than that of owner cities. Shifting to Valley Com will therefore result in a neutral-to-positive budget impact. (Currently, the rate for owner cities is approximately $16.50, while the rate for contract cities is $18.50.) For the Fire Department, shifting to Valley Com will save upwards of$300,000 to $400,000 annually. '-""",',1;",:,',(>""'.0:,,"',, "4""""'_~,,~' ......_~ -,-- --~-...._.-._-......._~.....--...--.....~~ ~."".,'" :;:' 'r.":, ""'~"'¡"","'" -",'- ....;...------,-~~..,,"., ". OJ ""Ç (»..",~.~...., '~l :.;¡' "'" VALLEY COM AGREEMENT TIDS AGREEMENT is entered into among the undersigned municipalities, the cities of Auburn, Federal Way, Kent, Renton, and Tukwila, all ofwlùch are municipal corporations under the laws and statutes of the State of Washington (the "Member Cities"). RECIT ALS WHEREAS, the undersigned municipal corporations have established and maintain a consolidated emergency services communication center, known as the "V ALLEY COMMUNICATIONS CENTER" ("ValleyCom"); and WHEREAS, this agreement is fonned to be consistent with the provisions and terms of the "InterlocaLCooperation Act" pursuant to RCW 39.34, et seq.; and WHEREAS, ValleyCom provides improved police, fire and medical aid service communications within the boundaries of the existing, established consolidated service area at a minimum cost to the participating local governments, together with such other governmental units that have contracted with ValleyCom for communications services; and WHEREAS, one of Valley Com's objectives is to provide consolidated telephone, radio and alarm communications and dispatching services for participating local government units; and WHEREAS, the continued maintenance, operation, and improvement of ValleyCom will be of substantial benefit to the citizens of the undersigned cities and the public in general; NOW THEREFORE, it is hereby agreed and covenanted among the undersigned as follows: VALLEY COM AGREEMENT - 1 P:\C;,,~f1LES\Opcnf,k,\O400\V.lk)'ComAgrwncnt Acc'1"R.cdlinc4 do<: '~~"""""""""""~'l:"ò"""".oIU'" """ '" , , , ' ,,'~,- :4',;,"'" "".c.u<tl....s , ... '.""'~(-C~~"""""'.,~.-1w........,.......;;¡...............^.".w.~.,.,...._"",..................w.w-~~-c"~"""""'¡'¡¡""""""'oIA,:,""-li~~~ ,~~, ",' ",', ", "~\,", ~', ., , '\t" "¡t. \;,' 1. Valley Communications Center - Membership, Authority, and Powers. On August 20, 1976, the cities of Auburn, Kent, Renton, and Tukwila founded a governmental administration agency pursuant to RCW 39.34.030(3)(b), which was known as the "VALLEY COMMUNICATIONS CENTER ("ValleyCom")." V alleyCom has the responsibility and authority for emergency service communications and all related incidental functions for communicating and dispatching services between the public and the participating cities' public safety departments in the furtherance of improved public safety and emergency response, Since its fonnation, ValleyCom also has served, and continues to serve, other municipal corpo!,ations ("Subscribing Agencies") that exist within the logical, physical service area and that need emergency service communications. Accordingly, all existing Subscribing Agency agreements are hereby ratified and confirmed. Any agreement with additional municipal entities shall be in writing and approved by ValleyCom as provided for in this agreement. In furtherance of protecting public safety and emergency response in the South King County region, the City of Federal Way, currently a Subscribing Agency, has requested to become a fully participating Member City. On August 4, 1999, V alleyCom' s Administration Board agreed to include Federal Way as a full, participating Member City, commencing January 1, 2000. Accordingly, ValleyCom's participating Member Cities are hereby revised to include Federal Way, and, as used hereafter in this agreement, any reference to the "Member Cities" will include the cities of Auburn, Federal Way, Kent, Renton, and Tukwila. VALLEY COM AGREEMENT - 2 p ,ICi ,i~FI LESIO¡xnF ikslO4001 V allC)ComAgrccn=\, Aceept Redlinc' , doc .+!~/\ -~~_.._-~._--- " ------ -"-""----'------- ---------- -'--- J~"i '. In addition, the City of Federal Way may enter into an interlocal agreement with the Federal Way Fire Department for the purposes of providing fire and emergency medical services dispatch via the City of Federal Way's membership in ValleyCom. Upon execution ofthe interlocal agreement, the City of Federal Way may, at its option and under such terms and conditions as Federal Way deems proper, appoint the Federal Way Fire Department to function, as do the Auburn, IÇent, Renton, and Tukwila Fire departments, for the purposes of its representation on the Operations Board and for the purposes of calculating and remitting payment for dispatch services. Subject to addition; amendment or removal by the Administrative Board, ValleyCom's poyvers shall include, but not be limited to, the following: a. Recommend action to the legislative bodies of the participating members; Review and approve budget expenditures; , Establish policies for expenditures of budget items for the Center; Review and adopt a personnel policy for the ValleyCorn Center; Establish a fund or special fund or funds as authorized by RCW 39.34.030 for the operation of the ValleyCom Center; Conduct regular meetings as may be designated by the Administration Board; Determine what services shall be offered and under what terms they shall be offered; Enter into agreements with third parties for goods and services necessary to fully implement the purposes of this agreement; Establish rates for services provided to other members, subscribers or participating agencies; Direct and supervise the activities of the operatiqns board and the Center Director; Incur debt in the name of the Center to make purchases or contract for services necessary to fully implement the purposes of this agreement; Enter into agreements with, and receive and distribute funds, from any federal, state or local agencies; Receive all funds allocated to the Center from its members; To purchase, take, receive, lease, take by gift, or otherwise acquire, own, hold, improve, use and otherwise deal in and with' real or b. c. d. e. f. g. h. 1. J. k. 1. m. n. V ALLEY COM AGREEMENT - 3 P \C;\iI\fILES\OpcnFik,'.().jOQ\Valk¡ComAgrccmrn<.AcccpIRcdJmc4 do<: u' ~"-I~Lú:.:4' ".....,........--....... . . . ..,.hU."._", , ' " ,C-:-~-~ ..". . ".,. , "..", ' ~ -~,^","",""."".-...~._,.~.........'""""",""'L"""""<A"""""'---'~"",,¡,~~~,~""'h."""""""""~"""09-"Ù,~ . :' . ' ',', "'" '" 2. o. personal property, or any interest therein, in the name of the Valley Communications Center; To sell, convey, mortgage, pledge, lease, exchange, transfer, and otherwise dispose of all of its property and assets; To sue and be sued, complain and defend, in all courts of competent jurisdiction in the Center's name; To make and alter bylaws for the administration and regulation of its affairs; Enter into contracts with future participating members and subscribers to provide communications services; To hold radio fÌequency licenses to enable the Center to operate radio communications and dispatch systems to meet its public safety responsibilities; and Ally and all other acts necessary to further ValleyCom's goals and purposes. p. q. r. s. 1. Duration of Agreement. The term of this agreement shall be for five (5) years fÌom its ef(ective date and, thereafter, shall automatically extend for additional five (5) year periods unless terminated as provided in this agreement. 3. Withdrawal and Termination. 3.1 Ally Member City may withdraw its membership and tenninate its participation in this agreement by providing written notice and serving that notice on the other Member Cities on or before December 31 in anyone year. After providing appropriate notice as provided in this section, that Member City's membership withdrawal shall become effective on the last day of the year following delivery and service of appropriate notice to all other Member Cities. 3.2 Three (3) or more Member Cities may, at anyone time, by written notice provided to all Member Cities, call for a complete tennination ofValleyCom and this agreement. Upon an affirmative supermajority vote (majority plus one) by the Member Cities, ValleyCom shall be directed to wind up business, and a date will be set fur final V ALLEY COM AGREEMENT - 4 P ICiviI\fILESIO¡xnFik,IO4001 V alkyComAgr=!.AcccprRcdlinc4 do< ';':':;;::~':'::,::""¡:':;~,:;:::;:t;'~.:.:,:~,~¡:,-,.......~~..:~.."""~~"":~~~~~~~~1-~"""""""~"'~"~lli'f"-""""'j'.¡""'>'" ',' . ,'",,' """"h,..........'N".'tl~""""""~'t... t. tennination, which shall be at least one (1) year from the date of the vote to tenninate this agreement. Upon the [mal tennination date, this agreement shall be fully terminated. 3.3 In the event any Member City fails to budget and provide the required annual membership funding for ValleyCom, the remaining Member Cities may, by majority vote, immediately declare the underfunding City to be terminated from this agreement and to have forfeited all its rights under this agreement as provided in Section 3.5. The remaining Member Cities may, at their option, withdraw ValleyCom's emergency communications support with that City or, alternatively, enter into a Subscribing Agency Agreement with that City under terms and conditions as the remaining Member Cities deem appropriate. 3.4 Time is of the essence in giving any tennination notice. 3.5 If an individual Member City withdraws its membership in ValleyCom, the withdrawing city will forfeit any and all rights it may have to ValleyCom's real or personal property, or any other ownership in ValleyCom, unless otherwise provided by the Administration Board. 3.6 Upon tennination of this agreement, all property acquired during the life of the agreement shall be disposed of in the following manner: a. - All real and personal property purchased pursuant to this agreement shall be distributed based on equal shares apportioned to those Member Cities still existing on the day prior to the tennination date; and VALLEY COM AGREEMENT - 5 P.\C,,;~FILES\Op<nFíks\O"OQ\ VJJkyComAg"'<m<nt, AcccptR,dJín,' doc .' ~~'.!.:.;;:.!.!JÚ~~-f\~~'.~"'" '->-...' .', .,< ¡, ., ," ¡';';:"~"-\";'i¡""""iM""'~~UH':H:'¡~~~..kilO')~~Mi\~~~~~:;;~~ " "", b. All unexpended funds or reserve funds shall be distributed based on the percentage oftotal annual charges assessed by the Administration Board during the period of this agreement and paid by each Member City. 4. Administration Board. 4.1 The affairs of ValleyCom shall be governed by an Administration Board composed of one member from each participating Member City, and that member shall be the Mayor or his or her designee. Each Board member shall have an equal vote and voice in all Board decisions. Unless otherwise provided, Robert's Revised Rules of Order shall govern all procedural matters relating to the business of the Administration Board. 4.2 A Presiding Officer shall be elected by the Board's members, together with such other officers as the majority of the Board may determine. There shall be a minimum of two (2) meetings each year, and not less than fifteen (15) days notice shall be given to all members prior to any meeting. Unless otherwise designated by the Presiding Officer, the first meeting shall be held on the second Tuesday in Febntary of each year to review the prior year's service and the second meeting shall be on the second Tuesday in September of each year to review and present a budget. Other meetings may be held upon request of the Presiding Officer or any two (2) members. 4.3 The Administration Board shall be authorized to establish bylaws that govern procedures of that Board and ValleyCom's general operations. VALLEY COM AGREEMENT - 6 PIC;viI\FI LESIO","F,ksIO~OOI v .lk}ComAgce""","" Acc<ptRcdl;"c4.doc -"";...';...';. .0' """",:.:,:.".~.;;..;.."",.....w........."""......~~~......~,,~..................~~>-"."""".......,'" """"""""""""""'.......-..-............w-.....~ ,.., , ," , ".,'. ,..,' .. 5. Operating Board. 5.1 There is further established an Operating Board which shall consist of two (2) members of each participating Member City's Public Safety Department(s), including the head of those Department(s) and/or their designee(s). The purpose and duties of the Operating Board shall be established by the Administrative Board. Each Operating ", Board member shall have an equal vote in all Board decisions. The Operating Board shall be authorized to establish bylaws that govern its procedures. Unless otherwise provided, Robert's Revised Rules of Order shall govern all procedural matters relating to the business of the Operating Board. 5.2 The Operating Board shall elect a Presiding Officer from its members and shall determine the time and place of its meetings; however, the Operating Board shall hold at least one (1) regular meeting each month at a time and place designated by the Presiding Officer or by a majority of its members. Special meetings may be called by the Presiding Officer or any two (2) members upon giving all other members not less than-24 hours prior written notice (electronic or facsimile notice acceptable). In an emergency, the Operating Board may dispense written notice requirements for special meetings, but must, in good faith, implement best efforts to provide fair and reasonable notice to all Operating Board members. 6. ValleyCom Director. ValleyCom's current director is hereby confirmed. Upon the occurrence of a temporary or permanent vacancy in the Director position, the Operating Board shall recommend to the Administràtion Board a person to act as VALLEY COM AGREEMENT - 7 P.\Ci,;~I'\LES\Or<"f,I",,\O'OO\V>.lkyComAgr'cn"'"t.Aw:¡>tRcdlinc' doc , , .... ' ",,':"', "","'.,"""'.',,","',-'--"""~""---"""'P'-"- , '," " ,,' 'C---'O'='----"--"'-"'----'----------'-----------'-----..--'---" , ."""""".I:,-,-...,........w.:~,...."",;,~~""""""""--,¡"""""""-....,~",'-,",,,~j'...w.,,,..;w...""'~.h" 1,':"'¡.'~LMIw""~~'""Q-I!~~""'~~~':'u....~í.N,j' ValleyCom's Director. The Director shall be responsible to the Operating Board and shall advise it ITom time to time on a proposed budget and other appropriate matters in order to fully implement the purposes of this agreement. The Director shall administer ValleyCom in its day-to-day operations consistent with the policies adopted by the Administration Board and/or the Operations Board. The Director shall have experience in technical, financial, and administrative fields and his or her appointment shall be on the basis of merit only. 7. Personnel Policy. 7,1 The Operating Board shall, as necessary ITom time to time, submit to the Administration Board a proposed ValleyCom personnel policy for the Administration Board's approval, rejection or modification. All modifications or ryvisions must have the final approval of the Administration Board. 7.2 At the time ValleyCom was first formed, the ValleyCorn personnel policy previously provided for appointment to V alleyCom' s staff from personnel that were permanently appointed or assigned as dispatchers in the participating Member Cities prior to formation. Accordingly, for a period of one (1) year ITom the time the Federal Way Fire Department begins its transition to ValleyCom for dispatch services, ValleyCom shall give preference in hiring to those persons that were permanently appointed as dispatchers in the Federal Way Fire Department, if those persons have the skills and abilities necessary to perform required job functions. Additional and subsequent employees, with the exception ofValleyCom's Director, shall be appointed by the Director upon meeting the qualifications established by the Operating Board and adopted by the Administration Board. No employees VALLEY COM AGREEMENT - 8 PICi,iI\FI LESIOp<nFiksIO.lOOI V alleyComAg",""'nt AcccptRcdlu,<' doc "'."",'n.,',c.."'m"'d,."",--,....".""..,~,.".. . '. ",.,,\,.h. ,.", ..h,..,.dd"",~"~,-,~~",,'U,~...~...~...~--_.....~...4_.""'.""",,.,..~.~~~....~'\&..~.- ".-' .', i! shall be commissioned members of any emergency service, but may be eligible for membership under the Public Employees Retirement System, as provided by law. 8.0 Budget. 8.1 The Director shall present a proposed budget to the Operating Board on or before August 15 of each year, which budget shall then be presented to the Administration Board not later than September 1 of each year. However, should the Administration Board elect to budget on a biennial, rather than annual, basis, the August 15 and September 1 deadlines established in the previous sentence shall only apply every other year. Thereafter, the Member Cities shall be advised on the programs and objectives as contained in the proposed budget and ofthe required financial participation for the following year. The allocation of prorated financial participation among local governments shall be the percentage of dispatched calls attributed to each jurisdiction compared to the total dispatched calls. The percentages shall be applied to the current approved budget less revenue from outside sources. Upon approval by each participating Member City of its budgetary allocation for ValleyCom's operation in the following year, and upon verification thereof to ValleyCom, the Administration Board shall, after a public hearing as provided by law, adopt its final budget for the following year. Member Cities shall be billed bimonthly and payments made on or about the first day of February, April, June, August, October, and December of each year. ValleyCom will bill Subscribing Agencies in accordance with approved agreements between ValleyCom and those Subscribing Agencies. 8.2 In the event the City of Federal Way has not become a Member City by January 1,2000, all dues paid by Federal Way as a Subscribing Agency in the 2000 V ALLEY COM AGREEMENT - 9 p,Ci.ir~1 LES\(};=F i1o,I04oo\ v .ill<)<: omAgrecmrnt Accept Rcdlinc". doc "",i_",u'.).¡;:"'~"'~¡""",'~,,'.J..,'iÚ,I,~'-'iJ. .l~'I¿.-iU-.'ti.>~,""",~':"""ü~U:ÀMÍ~~"".....~u,t.{.;.ü~......,.u.......... ,..---""'------"'-""._-"~~~~",.'" .,," "J~~ , """, 'ii'.';::.: ' """'\,"",*\:d--"..I&l¡"'~""A:l~~"""""'."fo"~ \J , " ' ,", ,. , , " . ':' ,i)'!;,?,,;::,::,j{!~:~'r' calendar year will be credited against the budgeted Member City obligation assigned to Federal Way for the 2000 calendar year, and Federal Way's status as a Member City will be ratified and relate back to January 1, 2000. 9. Contracts and Support Services. The Administration Board (or the Operating Board or the Director, if so designated by the Administration Board) shall, as necessary, contract with appropriate local governments for the use of space for its operations, and for staff and auxiliary services including, but not limited to, records, payroll, accounting, 1 purchasing and data processing. 10. Policy and System Evaluation. The Director shall actively and continuously consider and evaluate all means and opportunities toward the enhancement of operational effectiveness of emergency services so as to provide maximum and ultimate benefits to the members of the general public. The Director shall present his or her recommendations to the Operating Board from time to time. Any substantive change or deviation from established policy, however, shall have the prior approval of the Administration Board. 11. Additional Service Authorized. The Administration Board shall evaluate and detennine the propriety ofinc1uding additional communications and dispatching services for local governments, whenever so requested, and shall detennine the means of providing those services, together with its costs and effects. These additional services may include, but shall not be limited to, the following: allowance for public and private buildings, additional communications and dispatching operations, and any related incidental functions, VALLEY COM AGREEMENT.. 10 PIC¡,iIlFlLESIO¡xoFiksIO->OOIV,lk)Com.\g>w".-<n< ""'ptR,dlio,. doc ."""H^~.,.""-."........"-"..-c""'U""""'~"~"""""""",,,--,,,, 'J ' ' ..."'" """,,..-....""". '........"""'..... ...,oJ ' , ~ J~ ','. """"""":"'~"""" ',,"""-"':"""""""" .u.<, ,"'.'" .- ,'".......""""........ ,.. .,~..- ;"--1 \"- "". '" "," . '".', ' . '., , .. ': ' ,,' 12. Inventory and Property. 12.1 Equipment and furnishings for V alleyCom' s operation shall be acquired by ValleyCom as provided by law. If any Member City furnishes equipment or furnishings for ValleyCom's use, title to the same shall rest with the respective local entity unless that equipment is acquired by ValleyCom. 12.2 The Director shall, at the time of preparing the proposed budget for the ensuing year, submit to the Operating Board a complete inventory together with current valuations of all equipment and furnishings owned by, leased or temporarily assigned to ValleyCom. In case of dissolution of ValleyCom, any assigned or loaned items shall be returned to the l~nding governmental entity and all other items, or funds derived from the sale thereof, shall be refunded and distributed to Member Cities in equal shares. However, to the extent ValleyCom liquidates all or part of the existing communications facility (located at 23807 98th Avenue South, Kent, Washington, 98031) or its property and equipment, the funds derived from the sale thereof will be refunded and distributed to the four original Member Cities only, Auburn, Kent, Renton and Tukwila. 12.3 Ownership of Real Property. Title to real property purchased or otherwise acquired shall be held in the name of the Vallèy Communications Center; provided, however, that for valuable consideration received, ValleyCom may convey ownership of any real property as may be approved by a majority of the Administration Board. 13. Local Control and Interconnect. Each Member City and each Subscribing Agency shall retain the responsibility and authority for its operational departments'and for VALLEY COM AGREEMENT" 11 p, ICò"r,FI LES\O¡xnF,ksIO'OOI V al1<)Con"'-gr«:m:nt A«<ptR<dl¡"<',doc """"L:~\h ""'" \. ~""'" LM"""'~"""""L&o:.~~""""""""'~.......""'" ,. ...~, ...~ .......... '>.,. ...'"_."'"..~.. :'; .¡=:~~:~ ~ '; ..~ :...::~ .~:.:::.:=-~~:.::;::.~~~:i~~~ such equipment and services as are required at its place of operation to interconnect to ValleyCom's operations. Interconnecting equipment and services may be provided for V alleyCom' s budget and operational program. 14. Dispatch Facility, Financing, and Construction. 14.1 In order to address increased growth and to provide necessary services for Member Cities and for Subscribing Agencies, the Administration Board has detennined to construct a new dispatch facility- The Member Cities shall contribute to the financing of the development of the new dispatch facility on a pro-rata basis, each Member City paying twenty percent (20%) of the total cost of development, less contributions from grants, other public agencies, or other sources. 14.2 The new ValleyCom Dispatch Center, including all equipment, furnishings and fixtures, will constitute a critical link to the Member Cities and the Subscribing Agencies' ability to provide police, fire, and life safety protection services, particularly in times of a critical emergency or natural disaster. Consequently, this new center is essential to the preservation of the public health, safety and welfare. As a result, this center's equipment, furnishings and fixtures are unique and subject to special standards. Accordingly, based on the facts presented in this subsection, it is hereby resolved that the established policy of the Member Cities is that the new ValleyCom Dispatch Center constitutes a "special facility" under RCW 39.04.280 (l)(b), and all purchases of any kind or nature for the new ValleyCom Dispatch Center shall be exempt from competitive bidding requirements. VALLEY COM AGREEMENT - 12 P:ICiviI\FILESIOpcnFiksIO.OOI V ']k)ComAgmmcnL Accep' Redlinc. doc . ,.. ...., ," -- ,co.. .. ., ,u>,..." ~-~""""-'4~""""'""""""'"~"'" ('~' 'r'~~~"Jà~ 14.3 The Administration Board shall authorize. and the Chair of ~e Administration Board. or his or her approved designee, will execute contracts for the development ofthe new ValleyCorn Dispatch Center. These contracts may include, without limitation, contracts for architectural, design, communications, project management services, real estate acquisition, engineering, and construction. 14.4 The Member Cities will finance the property acquisition and construction of the new facility as agreed by the Administration Board and as provided by law. 15. . Legal Assistance. The participating municipal entities agree to furnish legal assistance, from time to time, as approved by the Adniinistration Board. The Administration Board may contract with the City Attorney of a participating city. 16. E911 Participation. ValleyCom may implement or contract for implementation of an E9l1 System for use within the area served, insofar as is practical. 17. Intergovernmental Cooperation. ValleyCom shall cooperate with local, . State and Federal governmental agencies according to guidelines of the Police Dispatching Study in order to maximize the utilization of grant funds for equipment and operations. 18. Compliance with Criminal History Records Information Laws, ValleyCom shall bear full responsibility for ensuring that the law enforcement data communications network and any Criminal History Records Infonnation received by means of that network, shall be used solely for the purposes of the due administration of the VALLEY COM AGREEMENT - 13 P. ICivi~FI LESIOxnF.¡,,'.O'¡OOI V ;ùk,C omAgr"",,,n'. AcccptRcdlinc'¡ .do< '. - ----... ""- """'U_------- , """'-"'"-"~--,~-"-"""._"""""~"~",~"",~~",,,,,,,,,~,w~":,,,,~ criminal laws or for the purposes enumerated in Chapter 43.43 RCW, as now enacted or hereafter amended. ValleyCom shall establish rules and regulations governing access to, security for, and operation of the data communications network and any Criminal Justice Records Information received by means of that network. 19. Hold Harmless. Each Member City shall defend, indemnify and save all other Member Cities harmless from any and all claims arising out of that City's negligent performance of this agreement. Any loss or liability resulting from the negligent acts, errors, or omissions of the Administration Board, Operation Board, Center Director and/or staff, while acting within the scope of their authority under this agreement, shall be borne by the Valley Communications Center exclusively. The provisions of this Section 19 shall survive the termination or expiration of this agreement. 20. Repealer and Ratification, All prior interlocal agreements entered into. among the four original Member Cities are repealed as of the effective date of this agreement. All existing Subscribing Agency agreements will remain in effect. All prior acts taken by ValleyCom or the Member Cities that are consistent with this agreement and any prior Member City interlocal agreements are hereby ratified and confirmed. 21. Filing of Agreement. Upon execution, this agreement shall be filed with the City Clerks of the respective Member Cities, the Secretary of State, and such other governmental agencies as may be provided by law. VALLEY COM AGREEMENT - 14 P\CiviI\FILES\Op<:nFiksIO"OOIVaJk)ComAgr'cm:nt AcccpIR,dl",," doc .. ""~""" "~'~~"~~"""""'>~Új'~~'.o..L<j..~"Á"""""'"~'~\~"~~~.' .,,_.~.-*:, 22. Severability. If any part, paragraph, section or provision of this agreement is adjudged to be invalid by any court of competent jurisdiction, such adjudication shall not affect the validity of any remaining section, part or provision of this agree{I1ent. 23. Execution and Effective Date. Tlùs agreement, and any amendments, shall be executed on behalf of each Member City by its duly authorized representative and pursuant to an appropriate motion, resolution, or ordinance. The agreement, or any amendment, shall be deemed adopted and effective upon the date of execution by the last authorized representative. 24, Counterparts. This agreement may be executed in any number of counterparts, each of which shall be an original, but those counterparts will constitute one and the same instrument. IN WITNESS WHEREOF, the undersigned hereby affix their hands and seals. CITY OF KENT, WASHINGTON: CITY OF TUKWILA, WASHINGTON: By: Its: Date: By: Its: Date: VALLEY COM AGREEMENT ... 15 p 'C",~FTLES\0;-<nF,1c,\O4()()\ v .J1c,ComAgw"",""ACC<1'tRcdlmc4,doc .. -, . . -- - . - ..- --- --------- --, '. """;:7'~;!'~,~~,--:-:-., .. ..~,_.- '" ...~': CITY OF AUBURN, WASHINGTON: CITY OF RENTON, WASHINGTON: By: Its: Date: By: Its: Date: CITY OF FEDERAL WAY, WASHINGTON: By: Its: Date: Notarv Ack"owled'!eme"ts Appear 011 Follow;,,'! Pa'!e VALLEY COM AGREEMENT - 16 P: IC ¡ ,;!IF I L ESIO¡xnF ikslO.OOI V .J1<}C omA g.-<c'rcnt, Acccp' R cd! inc' . d." . ' --.., --.. ' , ..,." ,"" --,0,'",0.. - 0..... ....... .,. - ..",. ....o~..~.~., Ü."'...'...~~-'-' U~,V...J...t.~.......... .. STATE OF WASHINGTON ) COUNTY OF KING : ss. ) On this - day of , 199_, before me a Notary Public in and for the State of Washington, personally appeared Jim White, to me known to be the Mayor of the City of Kent, a Washington municipal corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said corporation, for the uses and pwposes mentioned in this insnument, and on oath stated that he was authorized to execute said instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires STATE OF WASHINGTON ) COUNTY OF KING : ss. ) On this. day of , 199_, before me a Notary Public in and for the State of Washington, personally appeared , to me known to be the of the City of Tukwila, a Washington municipal corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said corporation, for the uses and purposes mentioned in this instrument, and on oath stated that they were authorized to execute said instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires VALLEY COM AGREEMENT - 17 P,"C",,~f(LES\Opcnf;¡c,\O400\V>lk)ComAgmn"'nt Ac«ptRcdJ,nc4 d.'c 'O--- --'-'--'---'-- , ' " "'--"""-"-'---~"._'_h"".""""""""""'-".--"~"".,,, .~.....,_.. ." "."""" ". """--", "" .. STATE OF WASHINGTON ) : ss, COUNTY OF KING ) On this - day of , 199_, before me a Notary Public in and for the State of Washington, personally appeared , to me known to be the of the City of Auburn, a Washington municipal corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said corporation, for the uses and purposes mentioned in this instrument, and on oath stated that they were authorized to execute said instrument. . -Notary Seal Must Appear Within 17ùs Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires STATE OF WASHINGTON COUNTY OF KING : ss. ) On this - day of , 199_, before me a Notary Public in and for the State of Washington, personally appeared , to me known to be the of the City of Renton, a Washington municipal corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said corporation, for the uses and purposes mentioned in this instrument, and on oath stated that they were authorized to execute said instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires VALLEY COM AGREEMENT - 18 P \C;,;~flLES\O¡xnF.l,,\O400\V>Jk)ComAgmmcr" Acc<ptRcdl,nc4,doc ,. , '<',-- '--..--...,.~..,.-..-,...........__._-------~~_._-.._......~_......- -. " ---' STATE OF WASHINGTON ) : ss. COUNTY OF KING ) On this. day of , 199_, before me a Notary Public in and for the State of Washington, personally appeared , to me known to be the of the City of Federal Way, a Washington municipal corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said corporation, for the uses and purposes mentioned in this instrument, and on oath stated that they were authorized to execute said instrument. -Notary Seal Must Appear WIthin 1his Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires VALLEY COM AGREEMENT - 19 P"C",~FILES'OpcnFi1cs'O"OO\V,I1c)Cocc-\g"'c"nl .""pIKed!,"," doc ,... "'-' .,h..--.. -"....--_H.' ..-..'_._..u -- ......_------__.,"-_M_~_- .L. - , ,:</,:? -.- "'" DRAFT #2 ) , February 17, 2000 CITY OF --' W ASIllNGTON ORDINANCE NO. - AN ORDINANCE of the City Council of the City of . approving the formation of the Valley Communications Center Development Authority. WHEREAS, pursuant to Ordinance No. --..J this City Council has approved an [Amended and Restated] Interlocal Agreement (the "Interlocal Agreement"), to be executed between and among the Cities of Auburn, Federal Way, Kent, Renton and Tukwila (collectively, the "Cities") providing for consolidated 911 services through an enterprise known as the Valley Communications Center; and WHEREAS, the Interlocal Agreement contemplates that the Cities, collectively, under the Interlocal Agreement will acquire land and acquire, construct and equip a facility for the operations of the Valley Communications Center (the "Project"); and WHEREAS, the Cities also are considering the formation of a public authority for the purpose ofissusing bonds in order to provide for the financing of the Project; and WHEREAS, the City of Kent will act as the host city for the formation, pending the approval of each of the other Cities; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORDAIN AS FOLLOWS: , W ASIITNGTON DOES Pursuant to RCW ch.39.34 and RCW 35.21.730 through RCW 35.21.755, the City Council of the City of hereby approves the creation of a public authority to be designated as the Valley Communications Center Development Authority (the "Authority"). The Authority shall be an independent legal entity exclusively responsible for its own debts, obligations and liabilities. All liabilities incurred by the authority shall be satisfied exclusively ITom the assets and credit of the authority; no creditor or other person shall have any recourse to the assets, credit, or services of the City on account of any debts, obligations, liabilities, acts, or omissions of the Authority. The Charter and the Bylaws of the Authority, attached hereto, as Exhibits A and B, respectively, are hereby approved. Pursuant to the Interlocal Agreement, the Cities shall pay an allocable portion of the costs of maintenance and operation of the Valley Communications Center, to the extent not paid from other revenues from operations. The Cities also will contribute in equal shares to pay debt service and administrative expenses with respect to the bonds, to the extent that debt service and expenses are not paid from other revenues of the Valley Communications Center '-.." ,'-"- ,'-'" ",:"",-,~" ,,_..,.. ..,-0"'-, '-"'C'-"'-,"":O;;,;;,;"~;-:....~.:~~;: .~, -';;,' ":':""'~-;w=~ -- ."",,= "" "i":~í ;~;,,¿; DRAFT } This ordinance shall take effect and be in force ftom and after passage and publication as provided by law, PASSED by the City Council of the City of . this - day of 2000, and signed in authentication of its passage this - day of .2000. . Mayor Approved as to form: , City Attorney . Deputy City Attorney Attest: , City Clerk Published -2- P:\CMW\CMW4CH 02I23lOO ..., ".. . , """ . ,.. ...h"..,..".....,~._..~..~.~~.~..--~,~~.,..~..,"."",~-- . .,: "'7~,,!~\~~;':r ORDINANCE NO. - AN ORDINANCE of the City Council of the City of Kent. Washington, relating to Valley Communications Center and creating the Valley Communications Center Development Authority; approving a charter and initial bylaws therefor; establishing a Board of Directors to govern the affairs of the Authority; providing how the Authority shall conduct its affairs. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT. DOES ORDAIN, as follows: SECTION 1. following meetings. DEFINITIONS. Capitalized terms used in this ordinance have the Authority means the Valley Communications Center Development Authority, created pursuant to this ordinance. Board of directors or Board means the governing body vested with the management of the affairs of the public authority. Bonds means the long term obligations of the Authority, to be issued to provide financing . . for the Project. Bylaws means the rules adopted for the regulation or management of the affairs of the Authority adopted by this ordinance and all subsequent amendments thereto. Charter means the articles of organization of the Authority adopted by this ordinance and all subsequent amendments thereto. Cities means the Cities of Auburn, Federal Way, Kent, Renton and Tukwila. City Clerk means the clerk of the City of Kent or a person authorized to act on his or her behalf; and in the event of reorganization of the office of clerk, the successor official performing such duties or a person authorized to act on his or her behalf. Councils of the Cities means the governing body of each of the Cities, Director means a member of the Board. lnterlocal Agreement means the [Amended and Restated] lnterlocal Agreement, dated as , among the Cities. of lnterlocal Agreement Ordinance means Ordinance No. - of the City Council of Kent. '-'._;.'-'..._,.'-".~......... -.....',. .."..' """"'h""'~""""'-"'~'."'-""""A~""".""'-"-""""'~""'"._.......~.....,........~~....";",,':"':'::';':';....................:.";":"':':".:.~'::':';';~'~~ 'ì,: Kent means the City of Kent. Project means the acquisition, construction and equipping of the Valley Communications Center. . SECTION 2. INTERLOCAL AGREEMENT. Pursuant to Ordinance No. - (the "Interlocal Agreement Ordinance"), this City Council has approved an [Amended and Restated] Intedocal Agreement (the "Interlocal Agreement"), to be executed between and among the Cities providing for consolidated 911 services through an enterprise known as the Valley Communications Center. The Interlocal Agreement contemplates that the Cities, collectively, under the Interlocal Agreement will acquire land and acquire, construct and equip a facility for the operations of the Valley Communications Center (the "Project"), SECTION 3. AUTHORITY CREATED--CITY LIABILITY LIMITED. A. AUTHORITY CREATED. As authorizèd under RCW 35.21.730 through RCW 35.21.755, a public authority (the "Authority") is hereby created, with powers and limitations as set forth in its charter and this ordinance, to provide an independent legal entity under State law and the Interlocal Agreement Ordinance to undertake and provide for the financing of the Project, and to perform any other '. function specified in its charter. It is contemplated that the Authority will issue long term bonds ("Bonds"), the proceeds of which will be used to pay the costs of the Project. B. KENT LIABILITY LIMITED. The Authority is an independent legal entity exclusively responsible for its own debts, obligations and liabilities. All liabilities incuaed by the Authority shall be satisfied exclusively from the assets and credit of the Authority; no creditor or other person shall have any recourse to the assets, credit, or services of Kent on account of any debts, obligations, liabilities, acts, or omissions of the Authority. c. CONTRIBUTIONS OF THE CITIES~ Pursuant to the Interlocal Agreement, the Cities shall pay an allocable portion of the costs of maintenance and operation of the Valley Communications Center, to the extent not paid fÌom other revenues from operations, The Cities also shall contribute in equal shares to pay debt service and administrative expenses with respect to the Bonds, to the extent that debt service and expenses are not paid from other revenues of the Valley Communications Center SECTION 4. NAME. The name of the Authority shall be the Valley Communications Center Development Authority. -2- 00102123 .., ,~".'- .,.. ",..L. .. '...- , . ..' ,..0.,' """", ..-..,.,.'. """'~"'""""""""""'>-""""""""""-.....u',- SECTION 5, POWERS-GENERALLY. Except as limited by the state constitution, state statute, this ordinance, or the Charter of the Authority, the Authority shall have and may exercise all lawful powers necessary or convenient to effect the purposes for which the Authority is organized and to perform authorized corporate functions, as provided in its charter. SECTION 5. CHARTER AND AMENDMENTS. The charter of the authority (the "Charter"), Exhibit A of this ordinance, is hereby approved. The Charter shall be issued in duplicate originals, each bearing the seal of Kent attested by the City Clerk. One original shall be filed with the City Clerk; a duplicate original shall be provided to the Authority. Amendments to the Charter may be initiated by the Board or by the Kent City Council. All amendments to the Charter, regardless of how initiated, shall become effective only following approval by ordinance approved by each of the Councils of the Cities. If an amendment to the Charter is initiated by Kent or any of-the other Cities, notice of such amendment shall be given to the Authority. SECTION 6, AUTHORITY: COMMENCEMENT OF EXISTENCE. The Authority shall commence its existence effective as of June 1, 2000, but only upon fulfillment of each of the following: (1) Each of the Councils of the Cities has approved the creation of the Authority by Kent's approval ofthis ordinance; . (2) (3) This ordinance shall become effective; and The Charter and Bylaws shall have been executed and are on file with the City Clerk. Except as against the state or Kent in a proceeding to cancel or revoke the Charter, delivery of a duplicate original Charter shall conclusively establish that the Authority has been established in compliance with the procedures of this ordinance. SECTION 7. BOARD QF DIRECTORS- A board consisting of five (5) directors (the "Board of Directors") is hereby established to govern the affairs of the Authority under the tenns of the Charter. The directors shall be appointed and serve their tenns as provided in the Charter. All corporate powers of the Authority shall be exercised by or under the authority of the Board of Directors; and the business, property and affairs of the Authority shall be managed under the supervision of the Board of Directors, except as may be otherwise provided by law or in the Charter. SECTION 8. ORGANIZATIONAL MEETING. Within ten (10) days after issuance of the Charter, the Mayor of Kent or his or her designee shall call an organizational meeting of the initial Board of Directors, giving at least three (3) days' advance written notice to each, unless waived in writing. At such meeting, the Board shall organize itself, may appoint officers, and select the place of business. -3 - 0010 2f23 , . , ..' " ",. "'."""--"""" -. ':' :,,:~:",,:';.~':.'"':~~:"¥_~'4~~'::7:~~:::.::::~::-::::...__::"..!L..~!:.:::..~ , ';\'<" " SECTION 9. BYLAWS. The initial bylaws (the "Bylaws") of the Authority, Exhibit B of this ordinance, are hereby approved. The power to alter, amend, or repeal the Bylaws or adopt new ones shall be vested in the Board except as otherwise provided in the Charter. TheBylaws shall be consistent with the Charter, In the event of a conflict between the Bylaws and this ordinance or the Charter, this ordinance or the Charter, as the case may be, shall control. SECTION 10. DISSOLUfION, A. If the Councils of the Cities, each by ordinance, make an affirmative finding that dissolution is warranted for any reason, the existence of the Authority may be terminated by ordinance of the Kent City council. Dissolution shall be accomplished as provided in the Charter, and shall not take effect until proper provision has been made for disposition of all Authorityassets, if any. B. Upon satisfactory completion of dissolution proceedings, the City. Clerk, shall indicate such dissolution by inscription of 'charter canceled' on the original Charter of the Authority, on file with the City Clerk and, when available, on the duplicate original of the Authority, and the existence of the Authority shall cease. The City Clerk shall give notice thereof pursuant to state law and to other persons requested by the Authority in its dissolution statement. SECTION 11. ANCILLARY AUTHORITY. The administrative staff of Kent are -. granted all such power and authority is reasonably necessary or convenient to enable each of them to administer this ordinance efficiently and to perform the duties imposed in this ordinance or the Charter. SECTION 12. CONSTRUCTION. This ordinance shall be liberally construed so as to effectuate its purposes and the purposes ofRCW 35.21.730-.755. -4- 00I02J23 ':' .. _.......,..,....._,",c.,.~~~¡,.....Ù..~¡;¡¡.;.>.;¡:'¡=.LUA"¡ói3ï:~"'IiiíiII "'" . SECTION 13. This ordinance shall take effect and be in force ITom and after passage and publication as provided by law. PASSED by the City Council of the City of Kent, Washington this - day of . 2000, and signed in authentication of its passage this day of 2000. . Mayor Approved as to fonn: , City Attorney , Deputy City Attorney Attest: Mae Miller, City Clerk Published ¡ -5- 0Ci0 2f2 3 ~~~)¡t'!æ'~þtl~,;t¥J -~"fíxL»~;¡' ~.w~,\;WóÑ'¡~~':;';W~~~ ~~~~ ~~~.~- ; "!./,'\:I ' DRAFT#2 02/16/2000 EXHIBIT A CHARTER OF THE ¥alley CommuBicationsVallev Communications Center Development Authority As originally adopted pursuant to City of [Kent] Ordinance Issued and Certified by the City Clerk on [Kent], Washington ~";;~$).,~i.¡:.\~r¡~;~.(~fJ;tj.-~~~;.:;:"~=:-;;;¡:-~~1t¥..~~Wii.J>~'¡-'¡\~'o\'\.\;/~<)""""~."""""",-,~"""""",""~"",, ........~. ......~,.~ ..';, .. ".' ..' .<.<"".,."..,...<,.."...,ù~"'" ",' DRAFT TABLE OF CONTENTS Page ARTICLE I NAME AND SEAL Section 1.01 Name,...................................................,.........................................,..................1 Section 1.02 Seal.... """"""'" """" .....,. ....... ...",....,.... ..,......, ,....... """""""" ....... .". ............ ...1 ARTICLE n AUTHORITY AND LIMIT ON LIABILITY Section 2.01 Authority """"""""""""""""",""""""""""""""""""""................................1 Section 2,02 Liability of the Cities """"""""""",""""""""""""""""""""""""""...............1 ARTICLE ill Section 5.01 Section 5.02 Section 6.01 Section 6.02 Section 6.03 Section 6.04 Section 6.05 Section 7.01 Section 7.02 Section 7,03 Section 7.04 DURATION ARTICLE N PURPOSE ARTICLE V POWERS Powers..................................................................... """'" ", ...."",."" """""'" ,..3 Indemnification...................... ....'.... ..... """"""""" .........,.,.,.......,....,................,3 ARTICLE VI BOARD Board Composition and Term ofOffice..............................................................4 Board Concurrence and Quorum .Defined.........................,......,..,............,......... 4 Officers and Division of Duties.. """ ..... ............ .................,.........,....,...........,.....5 Executive Committee """"""""""""""""""""""""'" ...,.., """'" """" ,..'...,. ...,.5 Comnúttees....,.... "....." .............,..........................."........,.",.,...,...",...,..,......".., 5 ARTICLE VII MEETINGS Board Meetings................ """" """""'" """""""""""""" ... ,..' ,...., ,.., '.... """" ...6 Open Public Meetings..................,..................,....,.........., ,... ,..,.. .,..,., "..,...".....,,6 Parliamentary Authority,.......... "..........' """"""'" ,., """""'" """" ...,.,. ,.'.......,. ,...6 Minutes.. ....,...., ................." .....' .......... """"""""""........,..,..,,..,......,., .........,.... ,6 -1- P\CMWlCMW4CJ 02f23,'X) '."""'" - "_""'..,.....-".,,-..--,.......,~_u..M.~.~..~,. ""'.""'""."".,,"&"."', ..,..,-.._.__:....~.'-- r'C~- .."","..~""'h"_~"'" ""'.'.,,--,............ '~"JMU-t~,;Ù"""'lJ.u~'"""",,-""""""""""""""""""""'""';"""'-^ ".U"""""""~,.""'-~~~~W'¡~""~~'MV" -"""""<1" " ~ Section 9.01 Section 9.02 Section 9.03 Section 9.04 DRAFT ARTICLE vm BYLAWS ARTICLE IX AMENDMENT TO CHARTER AND BYLAWS Proposals to Amend Charter and Bylaws........,.............................................,.....7 Board Consideration of Proposed Amendments.................................................. 7 Vote Required for Amendments to Charter or Bylaws........................................ 7 City Council Approval of Proposed Charter Amendments .................................,7 ARTICLE X COMMENCEMENT ARTICLE XI DISSOLUTION ARTICLE XII APPROVAL OF CHARTER .. -11- P.\CMW\CMWKJ 02J23lOO , ~~~~'\r"""'~""""~G~v"""i.i.--"""......"," -~,.;."".....l,c"~ ,.u~>. MkÝ'¡ ~)ID~UIÂi~rt:r.I.,.>iL""""""'~ i~',~Iic'::;f:"",o,f~".":.:""",, ,,' , ", ' ' DRAFT#2 02/16/2000 CHARTER OF THE VALLEY COMMUNICLAA TIONSV ALLEY COMMUNICA TI 0 NS CENTER DEVELOPMENT AUTHORITY ARTICLE I NAME AND SEAL Section 1.01 Name. The name of this authority shall be the ¥alley I CommunioationsValley Communications Center Development Authority (hereinafter referred to as the" Authority"). Section 1.02 Seal. The Authority's seal shall be a circle with the name "Valley I Communications V alley Communications Center Development Authority" inscribed therein. ARTICLE n AUTHORITY AND LIMIT ON LIABILITY Section 2.01 Authority. The Authority is a public authority organized pursuant to RCW 35.21.730-.757, as amended (the "Act") and the following identified ordinances (collectively, the "Ordinance"): 1. 2. 3. 4. 5. Ordinance No. - ofthe City of Auburn, passed on Ordinance No. - of the City of Federal Way, passed on Ordinance No. - of the City of Kent, passed on Ordinance No. - of the City of Renton, passed on Ordinance No. - of the City ofTukwila, passed on , 2000; ,2000; . 2000; , 2000; and ,2000. Section 2.02 Limit on Liability. All liabilities incurred by the l..uthority shall be satisfied (a) in the case of obligations or liabilities of the Authority which are not limited recourse in nature, exclusively iTom the assets, credit, and properties of the Authority, or (b) in the casc of obligations or liabilities of the Authority which, by their terms, are limited recourse obligations, iTom such assets, properties or revenues of the Authority as shall be specifically pledged thereto er-etherwise identified as being the source of payment of such limited recourse obligations or liabilities, and no creditor or other person shall have any right of action against or recourse to the Cities of l...ubum, Federal 'Nay, Kent, Renton and Tu\cwila \Vashington (collectively, the "Cities"), its assets, credit, or services, on account of any debts, obligations, liabilities or acts or omissions of the l..uthority. Section 2.02~ Mandatory DisclaimersLiability of the Authority and the Cities, The following disclaimer shall be posted in a prominent place where the public may readily see it in the Autftority's principal and other offices, It shall also be printed or stamped on all contracts, bonds, and other documents that may entail any debt or liability by the Authority, ""'~'>..." "':~'... ~'" " ..:::~~: .~,~:::.::";.:.:::~.:-::.;...-,~,,:; ",,:.:'..;.. :'" ,:~~:::::':' :'~;::"':'::::;~':;;:;~;:';:::";~A'~'~~":':,.~,~:,~,~,:~~;=~';';;.:~~::;';==~~~~':k~~ ,,'.. , . The Valley Communiootions Development Authority is a public authority organized pursuant to Interlocal Agreement and Ordinance No. - of the City of Auburn, Ordinance No. - of the City of Federal Way, Ordinance No. - of the City of Kent, Ordinance No. - of the City of Renton and Ordinance No. - of the City of Tukwila and the laws of the State of Washington, RCW 35.21.730 through RCW 35.21.757. RCW 35.21.750 provides as follows: "[A] II liabilities incurred by such public corporation, commission, or authority shall be satisfied exclusively ftom the assets and properties of such public corporation, commission or authority and no creditor or other person shall have any right of action against the city, town, or county creating such corporation, commission, or authority on account of any debts, obligations, or liabilities of such public corporation, commission, or authority." 'I Any of the Cities may. by ordinance or contract or pursuant to the Interlocal Agreement. agree to pay (on a contingent basis or otherwise). all or any portion of the obligations of the Authority: however, (1) no City shall be obligated beyond the sum specified by ordinance or contract. and (2) no City shall be obligated, directly or indirectly for the obligations of any other City.ItHhe . case of any obligations or liabilities of the Authority \vhioh, by their tenns, arc limited recourse in nature, in lieu of th~ foregoing disolaimer, the follow.ng disolaimer shall be printed or stamped on all contracts, bonds and other documents relating to or evidencing such limited recourse obligations or liabilities of the Authority: The obligations of the '^Authority with respect to [describe the contract, bond or other limited recourse obligation] shall be and remain limited recourse obligations of the '^Authority payable solely Rnd only from [describe the particular properties, assets or revenues of the '^Authority £Tom which the limited recourse obligation is payablc]. In no event shall such obligations be payable £Tom or by recourse against any properties, assets or rc'¡enucs of thc Authority (other than those described in the preceding sentence), nor shall such obligations be payable from or by recourse against any properties, assets or rc':enucs of the Cities of Auburn, Federal \Vay, Kent, Renton and Tukwila, 'Nashington, the State of Washington or any other political subdivision of the State of 'N ashington. N-a person to whom such obligations arc owed shall ha'¡e any recourse or fight of action against thc Authority, the Cities of ¡'Auburn, Federal '}lay, Kent, Renton and Tulc\vila, \Vashington, the State ofWashingtoR or aay other political subdivision thereof on account of such obligations or any liabilities, of whatsoever nature, arising in connection therewith except to enforce for the payment thereof out of [desoribe the particular properties, assets or revenues of the Authority from which the limited recourse obligation is payable]. ARTICLE III DURATION The duration of the Authority shall be perpetual except as provided in the OrdiRance. -2- P.\CM'N\CMW'CJ 02I23lOO ",...Ü"""\.o""'oU,.;,....,w,.IJ'Ú;Ú...""-""...~<~",""""""~~"....~......""......""",",,,,,¡...¡..,,'-"-'f...."".~"""""""""'i' "-'. --. , _..~ u .. ~jO<. ..".' - '-"""""'""':-"""~"'~""" :0'0". DRAFf ARTICLE IV PURPOSE The purpose of the Authority initially is to provide an independent legal entity under State law and the Ordinance to undertake, assist with and otherwise facilitate or and provide for the acquisition of land and the construction and equippmg of a faeility thatfinancing of the acquisition, construction and equipping of '.viD be the nC":: home for the Valley CommunicationsValley Communications Center pursuant to that certain Interlocal Agreement. dated . among the Cities (the "Interlocal Agreement") and. thereafter. to finance the undertaking of technology and maior capital improvements essential to maintain the Center's functionality. but such additional improvements may be made only with a supennajority vote of the Board., the 911 communications center for the Cities. The Authority shall acquire and manage real property; secure financing; undertake' the construction and equipping of the headquartérs fnoility, . [This seetioB should be dear as to whether this ¿A...uthority is going to OWB, eoBstruet, finanee aBd/-or operate the Valley Communieations CeBt~r.] A "supennaiority vote of the Board." as used in this Article. may be obtained at any regular or special Board meeting by an affinnative vote of a majority plus one of the Board members voting on the issue. provided that such majority equals not less than three (3) votes. For the purp-ose of securing the exemption- ITom federal income taxation for interest on obligations of the Authority, the Authority constitutes an authority and instrumentality of the Cities of Auburn, Federal Way, Kent, Renton and Tukwila (within the meaning of those terms in regulations of the United States Treasury and rulings of the Internal Revenue Service prescribed .. pursuant to Section 103 and Section 145 of the Internal Revenue Code of 1986, as amended). For purposes of Section 265(b)(3)(C)(iii) of the Internal Revenue Code of 1986. as amended. the amount of each issue of obligations of the Authority shall be allocated in equal shares among each of the Cities {Note to Tom Brubaker: I'd like to add the fore1!oin1! sentence to the lnterlocal A1!reement, as welL l. ARTICLE V POWERS Section 5.01 Powers. The Authority shall have and may exercise all lawful powers conferred by state laws, the Ordinance, this Charter and its Bylaws. The Authority in all of its activities and transactions shall be subject to the powers, procedures, and limitations contained in the Ordinance. Section 5.02 Indemnification. To the extent permitted by law, the Authority may protect, defend, hold harmless and indemnify any person who becomes a director, officer, employee or agent of the Authority, and who is a party or threatened to be made a party to a proceeding by reason related to that person's conduct as a director, officer, employee or agent of the Authority, against judgments, fines, penalties, settlements and reasonable expenses (including attorneys' fees) incurred by him or her in connection with such proceeding, if such person acted in good faith and reasonably believed his or her conduct to be in the Authority's best interests and if, in the case of any criminal proceedings, he or she had no reasonable cause to believe his conduct -3 - PICMW\CMW4CJ 02f23oœ . . ~".'---~-."'" ...~ <",,","',...J...,..u,~, '~'~""J.U""J.....~\.U",",¡ ij.,' ,-'.,.~."..'"~."_':'< .,...~.~"r._....<.. ,..,.'."...,....;~..............u ~.," ". -"Uti """ill.~""",,~,~;¡-r~¡";¡¿'¡:,u;i.~>v..~ " 'o,'~ ....r._..'w"" .~< ...,~._...:'~.."_. '4""""'7::-'t-...,.~",""-""",,-,,~,,, """"'J.'~' "O""'~""""""O~"""""""-~'~"~~",'~"'~'r~"'_WHA-'UA"""'~'t"-~."""""~,~i! DRAFT was unlawful. The indemnification and protection provided herein shall not be deemed exclusive of any other rights to which a person may be entitled as a matter of law or by contract or by vote of the Board of Directors. The Authority may purchase and maintain appropriate insurance for any person to the extent provided by the applicable law, ARTICLE VI BOARD Section 6.01 Board Composition and Term of Office. Management of all Authority affairs shall reside in the Board. The Board shall be composed of five (5) members who shall be the Mayors of each of the Cities (or his or her designee). Board members shall have terms coextensive with their tenDS as members of the governing board under the Interlocal Agreement. The filling of vacancies and replacements shall be as provided in the Interlocal Agreement [Number of members; identify of members; will members serve ex offieio or will they be appointed by eaeh City Couneil?]. Section 6.02 Terms ofOffioe. 1. The terms of office of the initially appointed members of the Board shall commence on the öffective date of this charter and shall be staggered [Staggered terms Rot necessary especially if the members serve ex officio] as follows: Œ. . Group 1. One member for a hv() year term; . . b. Group ll. T'llO membcrs f.or three year terms; and o. Group ill. Two members for four year terms. 2. In malång the appointments of the initial board members, the r ] shall designate which members are assigned to the three groups identified in subsection 6.02,,^L above for purposes of determining the length of terms of such initial board members. 3. Except for the initial members of the board, each member shall be appointed to serv-c for Œ four year term. Each member shall continue to serve until his or her successor has been appointed and qualified. 1. Terms shall expire on the day prior to the an.-llversary of the effective date of the Charter of the year in '.vhich the respective group is scheduled to terminate. New appointees or reappointees shall be processed in the manner proyidcd herein. Section 6.023- Board Concurrence and Quorum Defined. "Board concurrence," as used I in this Article, may be obtained at any regular or special Board meeting by an affinnative vote of a majority of the Board members voting on the issue, provided that such majority equals not less than three (3) votes. -4- P:\CM'N\CMW4CJ 02f23lOO . '-""."w,;"¿,¡"",,"'.,',,J /,' .'~",........:..,.",-.,;;;.iÀJ",:",",""""",",~""""""~""~",,,,,,".,...u.¡¡>..~\,/-Lt...,w..,.¡U..Q/....4,>6!.!1,Ü"""-'~Wf'-' ....>.'~h """""'"",*,-"LoJ,L-' '"'1>""'~-~,............",.U'-""",",,""~ '. " . '," ." , -0'- DRAFT A quorum to commence a Board meeting shall be no fewer than three (3) members. . The bylaws of the Authority may prescribe Board quorum restrictions that equal or exceed the quorum restrictions imposed in this Section 6.02, Board members present at a duly convened meeting may continue to transact business notwithstanding the departure of enough members to leave less than a quorum. Section 6.034 Officers and Division of Duties. The Authority shall have at least onethree or more officer. Presidents. The same person shall not occupy both the office of President and any office responsible for the custody of funds and maintenance of accounts and finances. The initial officers of the Authority shall be the President. Secretary Treasurer and Executive Director, Additional officers may be pro'lided for in the Bylaws of the Authority. The President shall be the agent of the Authority for service of process; the Bylaws may designate additional corporate officials as agents to receive or initiate process. The Board also may provide for addi~ional officers. e.g.. Vice President. Secretary. Treasurer. The Executi'le Director shall be the chief administrative staff person to the Board of Directors. Subject to supervision by the Board of Directors, the Executive Director shall have primary responsibility for all matters involving day to day operations of the f.mthority and shall make recommendations to thc Board of Directors on practices, policies and programs of the Authority. He or she shall have such powers and perform such duties as may be prescribed from time to time by the Board and he or she shall be entitled to notices of all meetings of the Board of Directors but shall not be entitled to be present during any discussions relating to his or her employment or perf<>nnances. The Board shall oversee the activities of the corporate officers, establish and/or implement policy, participnte in corporate activity in matters prescribed by city ordinance, and shall have ste\.vardship for management and .' detennination of all corporate affairs. The day to day affairs of the Authority, including debt administration. shall be managed by Valley Communications. in the manner provided under the lnterlocal Agreement. Section 6.04~ Executive Committee. The Bylaws may provide for an Executive I Committee, which shall be appointed and/or removed by the Board, and shall have and exercise such authority of the Board in the management between meetings of the Board) as may be specified in the Bylaws. Section 6.056 Committees. The appointment of other committees shall be provided for in I the Bylaws. Section 6.07 Removal of Board Members In addition to trusteeship and termination or dissolution, respectively, if it is detennined for any reason that any or all of the Board members should be removed, with or viÏthout cause, and after selection of appropriate replacements by t-fie[ ), the [ 1 may, by resolution, remove any or all Board members, The tem1 of any Board member removed pursuant to this section shall expire when the member receives a copy of the resolution removing him or her and a letter signed by the [ 1 advising him or her that he or she has been removed pursuant to this section, l.. vacancy or vacancies on the Authority Board of Directors shall be deemed. to exist-tR ease of the death, disability, resignation, removal, or forfeiture of membership. Vacancies on the -5- P\CMW\CMWdCJ 02(,3.00 ,.,., M-""",-" , ..o._,..~..O.,~._.. "., . , ..,,",. ... ""-"""""û,~,-,,":."'~'~nÚ.á'-"",,,,",,,;...h"-"'~¥"""""""""""""""""""""'."""","".~ii........-................" mod, ........................,.,. ..... O' ,.0. , .....".., "-'-'-"N"",~,-,~.,~,~"""""",_",."I--.",...;_....~,_................-...-.....'--..-. ,,~,,<>,,- """',' .._'~-.'. DRAFT Board shall be filled Ðy appointment in the same m8ßJleC in whiM members of the Boa£å are regularly appointed. f..ny pèrSOR seleoted to ñIla vaeanoy OR the Board shall Sef\'e the balance of the term of the person being replaced. ARTICLE vn MEETINGS Section 7.01 Board Meetings. 1. The Board shall meet as necessary but not less than two (2) times a year. 2. Special meetings of the Board may be called as provided in the Bylaws. Section 7.02 Open Public Meetings. Notice of meetings shall be given in a manner consistent with the Open Public Meetings Act, Chapter 42.30 RCW. .. In addition, the Authority shall routinely provide reasonable notice of meetings to any individual specifically requesting it in writing. At such meeting, any citizen shall have a reasonable opportunity to address the Board either orally or by written petition, Voting by telephone or by proxy is not permitted. Section 7.03' Parliamentary Authority. The rules of Robert's Rules of Order (revised) shall govern the Authority in all cases to which they are applicable, where they are not inconsistent with the Charter or with the special rules of order of the Authority set forth in the Bylaws. Section 7.04 Minutes. Copies of the minutes of all regular or special meetings of the Board shall be available to any person or organization that requests them as required by state law; minutes with respect to closed executive sessions need not be kept or alternatively, need not be made available. The minutes of all Board meetings shall include a record of individual votes on all matters requiring Board concurrence. ARTICLE VIII BYLAWS The initial Bylaws may be amended by the Board to provide additional or different rules governing the Authority and its activities as are not inconsistent with this Charter. The Board may provide in the Bylaws for all matters related to the- governance of the Authority, including but not limited to matters referred to elsewhere in the Charter for inclusion therein. -6- P:\CMW\CMW'CJ 02rl3JQO , """"""","-""_~'"~"""""""""""U"""""U">'-"-""'-~-'-"" ",..,'.~N.",'N..<A.,-,U~, i,.",..U".""."....:;,~....",~..",~",--,1bItIo'oOl.ilo:>-u..1¡!'~~""""""'ÀJ""""""o.L<~~"~.~'..'~,~,,~ ~,~, , - ":,.",~,.~.-.>.:"y:..;,, : ;~, . ,', ¡ DRAFf'~ : ARTICLE IX AMENDMENT TO CHARTER AND BYLAWS '. '~ Section 9.01. Proposals to Amend Charter and Bylaws. Proposals to amend the f,' Charter or Bylaws may be initiated by the Kent City Council or by the Board. Proposals initiated by the City Council shall be presented to the Board. in accordance with the tenus of the - Ordinance. Proposals may be initiated by the Board in the manner described in the following sections 9.02 and 9.03. - Section 9.0l-2 Proposals to ,,^ill1end Charter and Byla'.vsInitiated by the Board. 1. Proposals to amend the Charter or Bylaws shall be presented in a fonnat which, strikes over material to be deleted and underlines new material. 2. Any Board member may introduce a proposed amendment to the Charter or to the Bylaws (which may consist of new Bylaws) at any regular meeting or at any special meeting of which ten (10) days' advance notice has been given to members of the Board. Section 9.02 Board Consideration of Proposed Amendments. If notice of a proposed I amendment to the Charter or to the Bylaws, and infonnation, including the text of the proposed amendment and a statement of its purpose and effect, is provided to members of the Board fifteen (15) days prior to any regular Board meeting or any special meeting of which thirty (30) days' advance notice has been given, then the Board may vote on the proposed amendment at the same .' meeting as the one at which the amendment is introduced. If such notice and infonnation is not so provided, the Board may not vote on the proposed amendment until the next regular Board meeting or special meeting of which thirty (30) days' advance notice has been given and at least fifteen (15) days prior to which meeting such notice and infonnation is provided to Board members. Gennane amendments to the proposed amendment within the scope of the original amendment will be permitted at the meeting at which the vote is taken. Section 9.03 Vote Required for Amendments to Charter or Bylaws. Resolutions of the I Board approving proposed amendments to the Charter or Bylaws require an affinnative vote of a majority of the Board members voting on the issue, provided that such majority equals not less than three votes. Section 9.054 City Council Approval of Proposed Charter Amendments. Proposed Charter amendments initiated and approavedadoptcd by the Board shall be subllÚtted to the Kent City Council for approvalof cach of thc Citics as provided in Section of the Ordinance. +fie Authority's Chartcr may be amended only by ordinance as provided in the Ordinancc, -7- P ICMWlCM\V4CJ O2IZMXJ , """",~ ,"";~""""-"~"",~"".'"",.~"""""~,,,,~,,,,.,,",.,,,,..iJ,',""", o', c_",.. L'" "J~'",~""""""""""""""""""'~"""".~'W -~.~",.".....~~.".U~_. .. . .....~~.. co "h.~""'U ,.~ ~~~W~'-'~~~"O"'~::"'~' ~.~.~... ,0" . ...h N'~N"~-'-M~,_""'-';"""_.u..............'.... d""N"~-'.' "",o""""""""-"-"""""'~'-'-""J~!II ""W.uw,",,_l'_"h:'~/l~~ ':r! ,,' D RAFf ARTICLE X COMMENCEMENT The Authority shall commence its existence effective upon the issuance of its Charter as sealed and attested by the [City Clerk of the City of Kent?] and the holding of the initial board meeting. ARTICLE XI DISSOLUTION Dissolution of the Authority shall be in the fonn and manner required by state law, City ordinance, and the Bylaws. Upon dissolution of the Authority and the winding up of its aflàirs, title to all remaining property or assets of the Authority shall vest in the Cities of Auburn, Federal Way, Kent, Renton and Tukwila [discussion paint] for use for public purposes., I ARTICLE XII APPROVAL OF CHARTER ORIGINAL CHARTER APPROVED by Ordinance - adopted by the City Council of the City of Auburn on ; Ordinance - adopted by the City Council of the City of Federal Way on ; Ordinance - adopted by the City Council of the City of Kent on ; Ordinance - adopted by the City Council of the City of Renton on ; and Ordinance - adopted by the City Council of the City of Tukwila on CERTIFICATE I, the undersigned, City Clerk of the City of [Kent], Washington, DO HEREBY CERTIFY that the attached CHARTER OF VALLEY COÞ-.ßfUN1CATIONSV ALLEY I COMMUNICATIONS CENTER DEVELOPMENT AUTHORITY is a true and correct original of such charter as authorized by Ordinance No. - of the City of (Kent]. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of [Kent] this - day of ,2000. ' City Clerk of the City of [Kent], Washington -8- P\CMW\CMW<CJ 02/23100 . . ::::;;;:=:;:,::::::::::;;;~~:~:~~~~:::':':;.:':::~';~:;,;,.J:;,-.. :::~'.:.:.:,~: :,~::::::.>.~" ': :.':~'.::~ ;'. :\::~:: ,~.:';:,~::,~~.~~~'.":'.~~";':::-::::::~.:.,,:.'...t.~.~¡::~.~~~~ DRAFT #2 February 17,2000 EXIllBIT B BYLA WS OF THE VAUÆY COMMUNlCf.. TIONSV ALLEY COMMUNICA nONS CENTER DEVELOPMENTAUTHORffY ARTICLE I BOARD Section 1.01. Composition of the Board. For the purpose of determining Board composition and administration, the procedures set forth in the Interlocal Agreement shall govern., the ar~-ùYersary of the issuance of the Charter shall be [insert effective date of Ordinance] of each year. Section 1.02. Vacancies. A vacancy or vacaooies on the Board shall be deemed to œcist in the vase of the death, disability, resignation or remo...at from office of any Board member as provided herein. ' ARTICLE n OFFICERS AND COMMITTEES .. Section 2.01. Officers Designated- The presiding officer of the Board shall be the I . . Presidentofficers of the Board shall be a Chainnan and vice chairmar., each of whomwho shall be elected by the Board. Such other officers and assistant officers as may be deemed necessary may be elected or appointed by the Board. No person may simultaneously hold more than one office. In addition to the powers and duties specified below, the officers shall have such powers and perfonn such duties as the Board may prescribe. ..... Section 2.02. Election. Qualification and Tenn of Office. Each of tIhe officers shall be members of the Board or any other person designated by the Board who is at the time an official or employee of at least one of the Cities or Valley Communicationsclcctcd by the Board from among its members. The officers shall be elected by the Board at the first regular meeting after the tenn of new or reappointed Board members the unexpired tenn and until his or her successor shall have been duly appointed and qualified. Section 2.03, Establishment of Committees. The Board, by resolution, may designate from among its members one or more committees, to represent the Board and, except as prohibited by the Charter, act for and on behalf of the Board. The designation of any such committee and the delegation thereto of authority shall not operate to relieve any member of the Board of any responsibility imposed by law. "~""""""""'--_"-"""',........_~._--.,_.~.......,.",...."..." . ".. ...,.. .' . ,', """ "-"'~"'.---""',~~~WooWMli . .""'-""""'~""W"."'-"""'~""~""""-..~U'--~.~----" .. \; ,'.' DRAFf ARTICLE ill MEETING Section 3.01. Regular Board Meetings. Regular meetings of the Board shall beheld semiannually at the same time and place as the first regular Board meeting of Valley Communications in each January and Julyat least once every other month on the of each. month at a.m. at ; provided, however, that the Board may alter such regular meeting time and place by resolution. Section 3.02. Special Board Meetings. Subject to Article vn of the Charter, special meetings of the Board may be held at any place at any time whenever called by the PresidentChairman or a majority of the members of the Board. Section 3.03. Notice of Regular Board Meetings. No notice of the regular meeting shall be required, except of the first regular meeting after any change in the time or place of such meeting adopted by resolution of the Board as above provided. Notice of such changed regular meeting shall be given by personal communication over the telephone to each Board member at least twenty-four (24) hours prior to the time of the meeting or by at least three (3) days notice by mail, telegram or written communication. If mailed, notice shall be mailed by United States mail, postage prepaid, to'the last known address of each Board member. In addition, the Authority shall routinely provide reasonable notice of meetings to any individual specifically requesting it in writing. At any regular meeting of the Board, any business may be transacted and the Board may exercise all of its powers. Section 3.04. Notice of Special Board Meetings. Notice of all special meetings of the Board shall be given by the Secretary or by the person or persons calling the special meeting by delivering personally or by mail written notice at least twenty-four (24) hours prior to the time of the meeting to each Board member, to the Mayors of the Cities of Auburn, Federal Way, Kent, Renton and Tulcwila and to each local newspaper of general circulation and to each radio or television station that has requested notice as provided in RCW 42.30.080. In addition, the authority shall provide notice of special meetings to any individual specifically requesting it in writing. The time and place of the special meeting and the business to be transacted must be specified in the notice. Final disposition shall not be taken on any other matter at such meetings. Section 3.05. Waiver of Notice. Notice as provided in Sections 3.03 and 3.04 hereof may be dispensed with as to any member of the Board who at or prior to the time the meeting convenes files with the Board of the Authority a written waiver of notice or who is actually present at the meeting at the time it convenes. Such notice may also be dispensed with as to special meetings called to deal with an emergency involving injury or damage to persons or property or the likelihood of such injury or, damage, where time requirements of such notice would make notice impractical and increase the likelihood of such injury or damage, Notice, as provided in Article IX of the Charter concerning proposed amendments to the Charte~ or Bylaws and votes on such amendments, may not be waived. -2- PICMWlCMW4Q 02/23,'00 """"""""".-«'-- ....",.. '" h'" ,'," ,'" ",n'"',, - '-, _--'M,,~',~,-,-~.,'~"._J.' ~, . . . "" <"" "- """.""""_',J...................-......-......""""".'."~""""_-- ---,~._' DRAFT Section 3" 06- Notice to City Council. Notice of all meetings and minutes of all meetings of the Board shall be given to the City Council of the Cities of Auburn, Federal Way, Kent, Renton and Tukwila by giving notice to the City Clerk of each of the foregoing Cities. ARTICLE IV AMENDMENTS TO CHARTER AND BYLAWS Section 4.01. Proposals to Amend Charter and Bylaws. 1. Proposals to amend the Charter or Bylaws shall be presented in a fonnat which strikes over material to be deleted and underlines new material. 2. Any Board member may introduce a proposed amendment to the charter or to the Bylaws (wruch may consist of new Bylaws) at any regular meeting or at any special meeting of which thirty (30) days advance notice has been given. Section 4,02. Board Consideration of Proposed Amendments, If noti,ce of a proposed amendment to the Charter or to the Bylaws, and infonnation including the text of the proposed amendment and a stätement of its purpose and effect, is provided to members of the Board fifteen (15) days prior to any regular Board meeting or any special meeting of which thirty (30) days' advance notice has been given, then the Board may vote on the proposed amendment at the same meeting as the one at which the amendment is introduced. If such notice and information is not .. so provided, the Board may not vote on the proposed amendment until the next regular Board meeting or special meeting of which thirty (30) days advance notice has been given and at least fifteen (15) days prior to which meeting such notice and information is provided to Board members. Germane amendments to the proposed amending within the scope of the original amendment will be permitted at the meeting at which the vote is taken as provided in the Charter. Section 4.03. Vote Required for Amendments to Charter or Bylaws. Resolutions of the Board approving proposed amendments to the Charter or Bylaws require an affirmative vote of a majority of the Board members then in office as provided in the Charter. Section 4.04. City Council Approval of Proposed Charter Amendments. Proposed Charter amendments adopted by the Board shall be subfiÚtted to the City Councils of the Cities of Auburn, Federal Way, Kent, Renton and Tukwila. The Authority's Charter may be amended only by ordinance as provided in Article IX of the Charter. Section 4,05, Effective Date. Amendments to the Bylaws are effective upon adoption by the Board. -3- P:\CMWlCMWKI 02n3100 --""--,,,"-'....,.', "","""'M"",-""""""",,~,,,,,,",",""-J<-,,'-",J"":J.""",U""~<.10.""~~~ , ,.--....~~-~-.-~.~. ...~..,~.....~_.'^, "-""4""- ""_U,--,..^""""~......._. - "."..- '... -'W ,........._,.,.".. ... - DRAFT ARTICLE V ADMINISTRATIVE PROVISIONS Section 5.01. Books and Records. Valley Communications. on behalfof=Flhe Authority~ I shall keep current and complete books and records of account and shall keep minutes of the proceedings of its Board and its committees having any of the authority of the Board. The proceeds of any borrowing by the Authority shall be held, invested and disbursed by Valley Communications. subject to the terms and limitations established pursuant to the Interloca1 Agreement. Valley Communications shall provide a regular accounting of the financial affairs of the Authority to the Board at each regular Board meeting. The obligations of the Authority shall be administered by Valley Communications. and Valley Communications is hereby designated and delegated with full authority to administer such obligations. all in a manner consistent with the Interlocal Agreement. Section 5.02. Indemnification of Board Members. The Authority elects to defend and indernnif'ÿ its present and former board members and officers and their successors, spouses and marital communities to the full extent authorized by law and the Charter. In addition, the right of indemnification shall inure to each Board member or officer and his or her spouses and marital communities upon his or her appointment to the Board and the event of his or her death shall extend to his or her heirs, legal representatives and estate. Each person who shall act as Board member or officer of the Authority shall be deemed to do so in reliance upon such indemnification and such rights shall not be exclusive of any other right which he or she may have. Section 5,03" Principal Office. The principal office of the Valley Communications Valley I Communications Center Development Authority shall be [address], , Washington. Section 5.04. Fiscal Year. The Fiscal Year of the Authority shall begin January 1 and end December 31 of each year, except the first fiscal year, which shall run from the date the Charter is issued to December 31, 2000. ARTICLE VI APPROVAL OF BYLAWS APPROVED by Ordinance - adopted by the City Council of the City of Auburn on ; Ordinance - adopted by the City Council of the City of Federal Way on ; Ordinance - adopted by the City Council of the City of Kent on ; Ordinance - adopted by the City Council of the City of Renton on ; and Ordinance - adopted by the City Council of the City of Tukwila on -4- PICM\III\CMW'CI 02/23.00 Interlocal is complete; final draft of PDA papers are complete; policy paper of various :issues are complete. Februarv 25th 28t11 DRAFT OVERVIEW TIMELINE CREATION OF THE PDA and DEBT ISSUANCE SCHEDULE During March, each City brings to their Councils the Interlocal Agreements each Council must adopt (these); the PDA formation issues are provided to each Council March 1 March 30 Feb 25m: City Admins meet to go over decisions for Feb 28th Board rnoQtinn Mayors -- Le. Valley Comm Board meets; vote on Interlocal Agreement; provide guidance of PDA issues I. IllydoClIlIIClllS .vallcycomm: tilllclincs,doc April 1 - May 18th June 1 April through Mayall final issues with PDA are worked through. Mayors meet in early May to adopt PDA. During May the PDA ordinances are brought to all Councils for adoption to prior to June 1. Official beginning of PDA is June 1, as it takes 30 days for the PDA to take effect. City of Kent's work will be significant different as they are the "mother" of the PDA; thus the earlier we qet the PDA All councils approve all PDA ordinances. Kent. forms PDA. July 1 PDA is officially started. Both Valley Comm and PDA Board meets to review issues related to financing. All bond conditions are provided to the PDA board. Preliminary Official Statement is complete; all documents are complete. This has auxiliarv time August xx September 1 - 20 Bonds are markete.... Once the final bonds are sold, the Board must meet to adopt the bond ordinance selling the bond; and sign the purchase agreement. This has auxiliary tim~lin~ October 2 Dated date on the bonds. This may change depending upon process issues. Selected simply to begin at month beginning. \ ~ f ~ . t t . ~ ¡ Page 1 of 2 t . i I DRAFf OVERvIEW TIMEUNE CREATION OFTHE PDA and DEBT ISSUANCE SCHEDULE SCHEDULE JUST FOR FINANCE DIRECTORS' REVIEW FOR DEBT ISSUANCE March 9 Finance Directors meet to review the following issues: Decision about selecting a finance advisor or investment banker; Schedule; Bond Counsel Write RFP for one or more of the following: Finance Advisor Bond Counsel; Investment Banker Interview and Select various consultants. Meeting of the Valley Comm and PDA Board to review the final drafts of the pas; bond sale papers. ¡ ¡ April xx June 1 July 1 ih August 16th August XX September 11/18 May xx I Issue RFPs I Draft of P~S completed; as well as any other documents necessary for the sell of bonds; consultant recommends type of sale; and all other elements of the work. I. lIlydoclIlllcnts:vallcycomm:timclincs,doc August 28th Final draft of POS is completed for the Board's packets. This is called "final draft" only to ensure the Board knows they get an input. I would expect this to be "finaL" Sale/Market the bonds; have meeting of the PDA Board to adopt the sale. , , , t ~ ~ I I ~ ~ ~ Page 2 of2 ì ~ ~ r ~ -, ........".._~...~..,.¡...,,""'.., "",~....v~,¿~~"""""",~,~~..".j;ffi'*~~~ ':':". :.:~.':::':::"':'".:::r:K~~::r::'":'~::c.::r.~::: JØ ::~l~ It:E.:Jl=_~.. :.',~'~¡~~¡;}~Z~;:' :::/:\ Item 5D CITY OF FEDERAL WAY PARKS, RECREATION & CULTURAL SERVICES DEPARTMENT MEMORANDUM Date: March 7,2000 To: Parks, Recreation, Human Services & Public Safety Council Committee From: Kurt Reuter, Athletics & Specialized Services Manager David M~anager Korean Elders Program Via: Subject: Background: The Korean Elders Program meets at Klahanee Lake Community/Senior every Thursday from 9:00 a.m. to 2:00 p.m. The program offers a variety of services including Ethnic Nutrition Program, English As a Second Language, Citizenship Classes, Individual and Group Supports, Transportation, and Recreation Opportunities. Since June of 1993, the City has received funding from the King County Community Service Division Aging Program to assist in the provision of services through the City of Federal Way's Senior Services Program. The amount of funding was $37,501, which supported general programming for senior citizens as well as the Korean Elders Program. In 1998, King County discontinued funding of the general Senior Services Program, but continued funding the Korean Elders Program. The an10unt of funding was $12,501 of which $10,501 was for nutrition ($4,501 for purchase of food, $6,000 for cooks salary) and $2,000 was for outreach services (social worker salary). When funds were cut in 1998, it resulted in a reduction of hours for the social worker. Through collaborations with the Korean Women's Association, the Korean Elders Program received $5,000 to continue funding of the social worker's position at its previous leveL In 1999, the Korean Seniors Program elders had meetings with King County Councilman Peter Von Reichbauer to attempt to receive $5,000 for the year 2000. Mr. Von Reichbauer was successful in securing the funding. however the money was never received tlu'ough the Division On Aging, Notice ofRedliced Funding: The City received a five month contract in January 2000 in the amount of $5.209 for the effective dates of 1/1/00 to 5/31/00, In January of 2000 the City of Federal Way was notified that the King County Council's 2000 budget requires the King County Communit\ Services Division to reduce its funding for services by 5300,000. King County Community Services Division will conduct a request-for-proposal (RFP) process to determine the distribution of funds available for the rcmaining year. - 1 '-' ..;'.~-- ";""""""""""~~';'~",tii;';'¡""-A ~,........:.:....o..;;....(;II'.ãU'o)':"'{'"""-'õJ,;.:...:.t. ~;,'I', "~. l .; :.:.ou -",,-,,-"-,.. """'-"":;:'¡':';';':"'--:'~~M:.,¿ci~~ïi.~,;,o~~Mitlb.i.ù~ . . .."~ 'r'!,'"':, ,. "'It ',l',' ,.. ' ,....' ~ '!~)' .::~:.*'/,..<,.,':,.¡'. ",},;",....'.¿ ~ '," ;', The breakdoWn of the $5,209 is $4,376 for nutrition and $833 for outreach services, In order for the Korean Elders Program to receive funding past May of2000, the program must be successful in the RFP process. The time line for the RFP process: Community Services Division releases RFP in early March, proposals are due March 30,2000, contract negotiations; contracts executed by May 31,2000. It is unclear at this time how many agencies will be successful in the RFP process and for the agencies that are successful, how much funding they will receive, City staff and Korean elders are working collaboratjvely in preparing the RFP and will have Ann Guenther in Human Services review the application. II}. addition, the Senior Services Program along with the Korean Elders Program will submit an application for Human Services funding if the City Council endorses City departments applying for Human Services funding. .' -2- Item SE ; ~;";~:'~¡"...._:.::,.. ..: ...:"":';";.::.. ...::.... :;;'.;~-:--:':':':'::':":'::::':::::.:~ ::;: ;'::~',-:':":¡:':~:':"-':~~:'!'".~~~::'.,~~~,::-:":":~~':::'".::::::'::'=~~'::="'~~ .' CITY OF FEDERAL WAY PARKS, RECREATION & CULTURAL SERVICES DEPARTMENT MEMORANDUM Date: March 7, 2000 ,~ i' f,' To: Parks, Recreation, Human Services & Public Safety Council Committee David M~MaDager Jon Jainga, Park Planning and Development Manager ~ Via: From: Subject: Skate Park Update The following is the latest update regarding the Skate Park at Steel Lake Park: Architectural and Eneineering Services On March 2, Purkiss-Rose, RSI, the project architects, completed the final draft of the Skate Park .-construction plans and documents. Staff is currently reviewing the plans, documents and specifications and will begin preparing the bidding documents. Staff has directed the architect to provide the City with the latest construction cost estimate in order to review the construction budget for the project. Items Pending The site's drainage plan is still pending review from Community Development's pre-application process. On March 7, Earth Tech Engineering, the project engineers, conducted and completed the soils analysis for the site. The soils report indicates the ground water is three feet below the surface, which is too high to support an infiltration drainage plan for the Skate Park design. The project architect, project engineers and staff are currently looking at different solutions in order to meet the City's drainage requirements. Staffwill review the proposed drainage plan with Public Works for completeness, Staff may have to alter the Skate Park design in order to make the design work with the City's code requirements. If the design needs to be altered, staff will review the changes with both the Parks and Recreation Commission and the Council Committee, Construction Permitting and Public Bidding Process When the drainage plan is complete, staff will begin Community Development's fonnal pem1itting application process, which includes land use approval and a building pennit. Staff is working with the project architects and engineers in order to submit a formal application to Community Development by the end of March, Once the Skate Park permitting application has been submitted, staff will schedule the Skate Park public bidding process to begin in mid-April. - ¡ - ,. .... ..'" ,- , ", "-""'d,..,",,",><,.....I"'~"""."'~>'f"~"" , .ü,..,., - '.. . "'C' '" ,",0 ,ill"", \.\', """:" c", O""" ,V,",, ".,~~"" """"':~~1f :i~J ~>, 'f(¿ ':1-: ,~,j ">:'~~; '~ "f;( ;I,".Yr "", t! '\ ,I 2% for Art Project Staff will submit a grant to the King County Special Projects Program to assist with funding of the 2% for Art project. The deadline for application is April 3, 2000, King County does not plan to give preliminary notification of grant status until September,. 2000 (proposed date). At this time, the project budget is $8,000. Staff hopes to get an additional $3,000 from King County. (They won't pay for artwork, they will fund the artist working with student component). Staff would develop an artist prospectus in October, 2000 and a panel will evaluate and select the artist by December 31, 2000. The project would begin in January and would have a proposed completion oflate spring (June) 2001. The Arts Commission will determine if the artist selection process will be an open call to artists or ' a pre-determined limited call of selected artists. A panel will convene consisting of an Arts Commissioner, three community members, two arts professionals and a Parks and Recreation Commissioner. The panel will review the applications and recommend an artist to the Arts Commission. The Commission will consider the selection and if approved, forward the item to Council Committee and then Council for full approval. Following approval, the artist will work with students to develop an artwork proposal (January-February 2001) and then the proposal will need to go back through the process once again in March. Fabrication will take place in April and May with tentative installation in June 2001. -2-